By LINDA G. RASTELLI
Red Bank’s legal offensive against the controversial Best Liquors store on Leighton Avenue is the economic equivalent of a ‘death penalty’ case, its lawyer argued Thursday night at the conclusion of a three-hour hearing.
The session wrapped up at about 10p without a decision by the Borough Council, which is sitting in judgment. The council instead opted to adjourn until next Thursday at 4p, when it is expected to rule on whether the store’s record of illicit booze and cigarette sales to minors merits action. Download best_liquors_charges_and_specifications.pdf
If so, the penalties, if any, could be as severe as a revocation of the store’s license to sell liquor, Mayor Pasquale Menna said earlier this week.
That possible fate is not lost on either Sunny Sharma, who owns the store, or his lawyer, Samuel ‘Skip’ Reale Jr., who ripped the case made against the store by Borough Attorney Tom Hall.
Reale said Hall was relying on “second- and third-hand hearsay” in an effort to shut the store down.
“Hall is basically asking for the death penalty,” Reale said in a summation to the council. “Is the evidence you’ve heard the type of evidence you’d want somebody to use in determing whether your business should continue or not?”
Hall, in reponse, said Sharma and a store employee had already admitted to most of the underlying municipal court charges that gave rise to the license case. And to the extent that there was hearsay testimony, that is permitted in such cases, he said.
As an administrative matter, Hall has to prove his case by a preponderance of the evidence, not the “beyond a reasonable doubt” threshhold of criminal cases. And he’d done so, he said, through the testimony from police and underaged patrons of the store, including a Middletown woman who admitted buying liquor at Best Liquors last summer, when she was 19. She pleaded guilty in municipal court and paid a $500 fine.
“Everyone know this liqour store is the best game in town,” Hall told the council. “The whole world knows if you’re underage, you can get liquor at Best Liquors.”
Reale didn’t present any witnesses on behalf of the store, and council members didn’t ask questions.
At the end, council members Grace Cangemi and Michael DuPont argued that the governing body should immediately deliberate, while the testimony was still fresh in their minds. But Mayor Pasquale Menna said that wasn’t a good idea.
Afterward, enroute to a closed-door executive session, Menna told redbankgreen that the matter was too important to decide hastily, because both someone’s livelihood and the quality of life of a neighborhood were at issue.
Menna doesn’t have a vote except in the case of a tie.
The hearing ran about an hour longer than expected, though it was interrupted by a half-hour break. More onlookers came out to watch than at the the first of the two hearings, but began filtering out after two hours.
Most of the hearing involved testimony by a Patrolman Beau Broadley, who arrested a 15-year-old and an 18-year-old after they bought so much liquor they had to make to two trips into the store to carry it all out, he said.
This is a shame. I'm glad that the underage issue will be resolved and that hopefully sunny will be more diligent with his sales, but how does one become at fault when given false ID? With the influx of our new neighbors and their false IDs one has to wonder just who is at fault. I think we all can agree that most vehicles with out of state plates are driven by illegals so why are they not off the road? The strikes me as very selective. You ask for, and are shown ID, you have done your job (unless they are clearly fake). The bullying by some of the residents from Leighton avenue of the borough council is shameful. You were used during the election and a business suffered. Now it may well be closed down by a council that is so biased towards the neighbors (who came AFTER the store was there), that the majority of us wonder how on earth you can be impartial. The lottery even returned after their hiatus to the store. Give it up and let the guy live. He has done all that you have asked, signs up, garbage cans out , removed the pay phones now you want his living too? After months of nagging the council, one has to wonder why this 'trial went on'. Here's a reality, no tax dollars from the store, an empty building on the lot. If I were sonny and I got closed down permanently I would leave the store empty, not sell, and leave an eyesore for my 'wonderful' neighbors. Its funny how our elected officials can be so blind to let this go on. Yes the man was wrong, yes the man deserves fines and yes a temporary closure, but to take away his license (for another use /hmmmm, theres food for thought), No I don't think so. Why does not the borough council take a walk and knock on the doors up and around the store and ask all the residents and not just those two if the store should stay or go. That would be the smart thing, then you would know what the general consensus was
Sounds like Gary Morris.
I doubt it. Gary puts his name to his posts. Plus, there is no mention of health benefits.
It is a fact that Mr. Sharma himself was charged with selling alcohol to minors. Several days later he was charged aagain. He and his employee continued to sell to minors knowing they were being watched by local authorities. If that doesn't prove Sharma thinks he is "above the law", I don't know what does. Everyone in Red Bank and surrounding towns, know full well, anyone, any age, can purchase liquor at that store. If the council lets Sharma continue to operate, they are sending the message to Sharma that he IS "above the law". The local residents will inevitably be "back to square one" with their "quality of life issues" concerning Best Liquors.
first off, west side r, when i post, i sign it, not like some of you cowards out there that spout off at the mouth and hide behind your little key boards. That being said i agree pretty much with the whole post except to add this, He should indeed be punished for the crimes that are out there (if they all stand merit from the prosicutor). But No, he should not lose his license, and no he should not be forced to sell. perhaps a suspension of a week or two (not unlike a local gin mill on the east side of town)?
Who would buy the store anyway without a liquor license, its a losing proposition, but there again, maybe john and john would, or the WSR poster. I hope this comes up for vote…'should the borough purchase best buys license'. Theres a good one, couple of hundred grand out of our budget to satisfy how many? have you gotten together a petition WSR to show how many wish for him to be gone, i ask this because he has one, signed by several hundred resisdents who wish for him to remain, and i was one of them. Just wondering also, how much would the neighbouring propertys go up if there were no such buisness next to them. I sincerly hope that the boropugh council do the right thing here, either give it to the ABC, or vote for a suspension of license for between 7 and 30 days.
Best Liquors has long been the center of controversy in Red Bank. After attending last week’s hearing concerning charges against Best Liquors, I am more convinced than ever that the time has come to revoke their liquor license. Their repeated violations have become too frequent and in the interest of public safety, action must be taken immediately.
This establishment’s record is nothing to be proud of and has earned them the contempt of the residents of Red Bank. Complaints that they sell alcohol and cigarettes to minors are common and, sadly, almost routine. In fact, there are four formal charges against the licensee, Best Liquors, for selling alcohol to minors and one against the owner for employing someone who is not registered to sell alcohol.
This issue should be a concern for all citizens of Red Bank. We cannot stand idly by as businesses like Best Liquors degrade the value and safety of our Borough. As punishment for the many disturbances it has caused our community, it is time for Best Liquors to be stripped of its liquor license.
Sincerely,
Assemblywoman Jennifer Beck
12th Legislative District
aswbeck@njleg.org
Public urination, drinking in public, fights, prostitution, stabbings, excessive litter, broken glass, overbearing loud music, underage purchases of liquor, drug dealing, graffiti. These are all things that are occuring directly or indirectly in the neighborhood because of that store. Gary and others, yes you are correct, the store was there before me. So I guess you feel that all of these things are O.K because they were here first. I for one look out for my neighborhood and especially the children who live in it. What they have to witness and be forced upon at such an early age is one of the saddest results of this whole issue. My life and livlihood do not affect the neighborhood in such a negative fasion. Yet, for some reason, some here think I am at fault because of the position I have taken. I guess only living in Red Bank for 10 years, 7 on bridge ave and 3 on leighton ave, some people feel I should just sit idly by and let my life be destroyed.
Public urination, drinking in public, fights, prostitution, stabbing's, excessive litter, broken glass, overbearing loud music, underage purchases of liquor, drug dealing, graffiti. These are all things that are occurring directly or indirectly in the neighborhood because of that store. Actually John, some of these are are happening all over Red Bank, go look at the walls down by rite aid, go down to the river park and see the damage done there by underage drinkers, look down Leighton avenue, Shrewsbury ave and see the drug dealers and hookers. There was a stabbing two weeks ago on river and Shrewsbury ave, there was also mention of an establishment(s) downtown that were guilty of selling to minors.
Both you and John Tyler have valid points, I just think there is room here for compromise. I know that 'sonny' has made concessions, and you both know that. from removing the pay phones, installing trash cans and video cameras putting up no loitering signs, things that he was not forced to do, but he did to help the situation. I think that a closure is merited for violating the law, I think stricter guidelines mandated by the borough could be enforced to stop the underage sales. He should take the ID of customers that attempt to purchase alcohol and cigarettes and turn them over to the police along with video of the attempt. In essence, he should report everything to cover his ass. I read about children drinking at the arts center, they are not closing that facility down, just being more cautious with their sales. I am really sorry that you have to suffer with this, I just don't think he should be closed down permanently. Here's my last thought on this, have you gone to him with suggestions other than to close down?
Good luck
PS, I don't envy the borough council on this one…How about that free health care!
Gary Morris
It's really surprising, and pretty disappointing, that someone can't come up with a comprimise solution to this. I've chatted with Sunny about this and the first thing he said was that he'd be willing to move. Seems to me if you locked some town officials and Sunny in a room and told them not to come out til they've hammered something out, it could get done and both sides would save money on legal bills (although for obvious reasons I'm sure the lawyers would object to that).
Well..since my name was mentioned. I want to answer this. I have lived in Red Bank on Westside Ave..gone to both River St an Red Bank Regional. Back then you had stores that sold groceries an other household items. Remember Scotties market..you could buy sandwiches to take to school. Not a 40!
You didn't think about going into a Liquor store (parents would get you) Yes..we grew up in a time that the parents had control of their children an the children had respect!
Move forward to today..
Lets Pee in front of someones house!
Hey..sex for sale.ooppsss..sorry..didn't see the little 8 yr old. Hummm wonder what she thinks?!
I need a drink..would you like some water..Nah..I'm gonna buy a six pack! But you're not old enough..Ahh who cares..I can get it from the store anyway!
Ohhh..music blasting..can't hear the people callin out to the driver "Look out for the little child on the bicycle" as he speeds away…Ahhh S_ _ T he just hit the kid!
No matter what..it all ties together. You say..an empty store..well then how about if all the neighbors got to together an took that store an converted it so that if you wanted fresh fruits an vegetables..maybe some seafood you could get it here!
Community togetherness..get some land plant a large garden..sell the items at the store an the community benefits! Gee…sorry for some ideas!
your name was mentioned because your involved in this and you post quite frequently (be it mostly anonymously). It sounds like a great idea to get the community together to buy the store. $225,000 would be about right for the liquor license and around $250-$325,000 for the property. Maybe half a million gets you the whole bang. Forget the produce store, too many of them on Shrewsbury avenue. The fish store sounds great though except the neighbors may complain about the aroma.
I cant blame him (sonny), for the hookers in Red Bank, there are some in the town that do not hang at best, And I cant blame best for hitting pedestrians. Look at what happened several weeks ago down town with the hit and run, I don't think he (sonny), served her. As for the urination, I get it also, both in front of the yard, and in the back yard next to me, and every once in a while in the street in front of children, we call the police (who respond very quickly), or take charge the old fashioned way, but that still doesn't make it right. The police are doing quite a good job down there and are very visible and I am sure that there have been no violations lately . I truly am sorry that you go through this but I think that he deserves another chance, the positively last one. And once again I do not envy Councilman Curly, Councilman Bifani, Councilman Murphy, Councilman Dupont Councilwoman Cangemi and Ms Lee. Its a tough call on a election year (not worthy of free health benefits though Councilman Dupont), If I had to wager I would go 3-1 with one abstaining vote for closure with an appeal to the higher courts and then if needed the ABC with a result not favorable to the residents. I hope for peace for you and your neighbors John, and its a shame that we differ so much on this because I like you and your family very much, and only hope that our differences do not spill into friendship damage.
By the way, did you hear about the time that he (sonny), went outside to get someone to turn down their radio and they smashed his car?
Good luck John, good to see your name posted.
howboutdem free benifits?
Gee..Gary..when I post I always sign my name! Just haven't posted much because it still comes down to what?????
Gary…store closes..who wants to put it back up an sell more liquor? Not me! See that is what is missing..the understanding..It is not WANTED HERE!!!
An for someone that lives so far away from the store…come an spend some nights an listen to the free concerts! With language that I'm sure you don't want your children to repeat!
Ok..see ya later…Oh..I don't let issues get in the way of my personal fellings towards someone..never said I didn't like anyone..just what is going on with my community!
Health care issues…you are just as bad as I am!
John T
well at least the borough council voted as one and not along different lines. unity, go figure it began with politics : )