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BERTONE PICCINI LLP

Joseph A. Pojanowski, Ill, Esq.
Attorney ID - 00464 I 973
777 Terrace Avenue, Suite 20 I
Hasbrouck Heights, New Jersey 07604
Telephone: (20 I) 399- 7242
Attorneys for Plaintiffs. Roberts Family Partnership,
East LA lnc., David Roberts, Individually,
Mikic Squared LLC, Harshu lnc. and Preswill LLC

SUPERIOR COURT OF NEW JERSEY

ROBERTS FAMlLY PARTNERSHlP, EAST
LAW DIVISION: HUDSON COUNTY
LA !NC. DAVID ROBERTS, Individually,
DOCKET NO.:
MIK!E SQUARED LLC, HARS HU INC. and
PRESWILL LLC

Plaintiffs,

v.
CITY OF HOBOKEN, HOBOKEN CITY CIVIL ACTlON
COUNCIL, HOBOKEN ABC BOARD and LOS
CUARRITOS INC. VERIFIED COMPLAINT lN LIEU
OF PREROGATIVE \VRJT
Defendants.

Plaintiffs, Roberts Family Partnership, East LA Inc., David Roberts, individually, Mikie

Squared LLC, Harshu lue. and Preswill LLC by way of Complaint against the Defendnnts, City

of Hoboken, Hoboken City Council, Hoboken ABC Board and Los Charritos lue. say:

FIRST COUNT

I. The Plaintiff, Roberts Family Partnership, a New Jersey Limited Liability Company

is the owner of n commercial real estate located at 508-51 O Washington Street,

Hoboken, New Jersey.

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2. The Plaintiff East LA Inc. is a New Jersey Corporation located at 508-51 O

Washington Street, Hoboken, New Jersey and leases commercial space located at

508-510 Washington Street, Hoboken, New Jersey from Roberts Family Partnership

has operated a restaurant at this location since 1964 and is the owner of a Hoboken

liquor license which is plenary retail consumption license. TI1c Plaint i IT also

purchased 51 O Washington Street in 2003 and uses the front sidewalk portion of this

property for the East LA Restaurant operation.

3. The Plaintiff, David Roberts is a resident in the City of Hoboken and is the Managing

Partner of Roberts Family Partnership and is the President of East LA Inc.

4. Mikie Squared LLC is the entity that owns Mikic Squared Bar & Grill located at 616

Washington Street, Hoboken, New Jersey and is within 500 feet of Los Charritos,

Mikie Squared LLC has been in business for thirteen years und holds a Hoboken City

liquor license and its business will be detrimentally affected by U1c issuances of n

liquor license to Los Charritos,

5. Harshu inc. conducts business ns Kanna Kufe which is an Indian style Restaurant

located at 505 Washington Street, Hoboken, New Jersey which owns a Hoboken City

liquor license, has been in business for nineteen years at this location and is within

500 feet or Los Charrues. TI1e grunting of a liquor license to Los Chorritos by the

Hoboken City Council will have a detrimental effect upon this Plaintiff's business.

6. Prcswili LLC is the owner of the Court Street Restaurant and Bar located at 61 6th

Street, Hoboken, New Jersey. il has been in business for over three years, owns a

Hoboken liquor license, is within 500 feet of Los Charritos Restaurant and had no

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knowledge of the Los Charritos petition or the City of Hoboken's hearing concerning

this malter until after the fact.

7. The Defendant, Ciry of Hoboken is a body corporate and politic located at Newark

and Washington Streets, Hoboken, New Jersey and is responsible for the enforcement

of Hoboken City Ordinances.

8. Tbc Defendant, Hoboken City Council is the legislative arm of tbc City of Hoboken,

New Jersey and is a responsible for the authorization under Ordinance Chapter 68-7G

to relax the 500 fool rule 10 the Hoboken Municipal ABC Ordinance (which prohibits

the localing of liquor license in the City of Hoboken within 500 feet from other

premises previously granted a preliminary liquor distribution license) only in the

event of"cxtraordinnry circumstances".

9. The Defendant, City of Hoboken ABC Board is the Administrative Body in the City

of Hoboken, New Jersey that has tbc authority and duty to enforce and regulate the

sale of alcoholic beverages in the City of Hoboken and is also the Administrative

Body that ultimately reviews and approves or disapproves the transfer or liquor

licenses in the City of Hoboken from pince 10 pince and from person to person.

I O. The Defendant. Los Charritos Inc. is a successful restaurant located nt 5 I 8

Washington Street, Hoboken, New Jersey and upon information and belief is in its

second year of ten-year lease nt this location. The Defendant, Los Chorritos Inc.

petitioned tbc Defendant. Hoboken City Council for permission to locate a liquor

license under Section 68-70 of the Hoboken ABC Ordinance and on September 5,

2018 received verbal approval to locate n liquor license at 518 Washington Street,

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Hoboken, New Jersey m contravention of the requirements of 1J1c governing

Ordinance.

11. Chapter 68 of the Ordinances of the City of Hoboken governs the licensing, sale,

service. consumption and distribution of alcoholic beverages in the City of Hoboken

in accordance with the provisions of N.J.S.A. 33: I - I to 33: 1-78 and the rules and

regulations of the Director of the Division of Alcoholic Beverage Control of the Siate

of New Jersey.

12. Under Section 68-7 of the Hoboken Ordinance, 500-FOOT RULE generally

prohibits any plenary retain consumption license from being transferred from place to

place or person 10 person if the location is within 500 feet of an existing license.

There arc exceptions to this rule under Section 68- 7F and G. 11,c exception under

Section 68-7F is based upon certain limited geographical areas. Under Section 68-7G

an exception to the 500-foot rule can be requested by petitioning the Hoboken City

Council provided said exception "only be granted based on the criteria of

extraordinary circumstances".

I 3. The term "extraordinary circumstances" is not a defined tenu in the Ordinance.

14. Unbeknown to the Plaintiffs, the Defendant, Los Charritos Inc. filed a petition for

relief of tbc 500-foot rule pursuant to Section 68- 7G on July 6. 2018 with tbc

Hoboken City Clerk and was notified on August 24, 2018 by the Hoboken City

Clerk's Office that there would be n"hcnring" with respect 10 this mauer on

September 5, 2018 at the City Council meeting.

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15. On July 6, 2018 as support for the relief sought, the Defendant, Los Charritos Inc.

through counsel submitted its petition to the Hoboken City Clerk's Office which

consisted of answers to fi ficen questions and included a Certification of Uzziel Arias

and a map purportedly satisfying the City's informational requirements.

16. The documentation submitted by the Defendant, Los Charritos Inc. in support of its

petition contained inaccurate and false information. The documents submitted did not

indicate n scintilla of information to describe or justify any "extraordinary

circumstances" which is the standard required under tbc Ordinance.

17. By way of example tbc following arc the inaccuracies, false and incomplete

submissions by the Defendant, Los Chorritos Inc. 10 the Defendant, Hoboken City

Council:

a. Question #J - "Provide the State-assigned plenary retail consumption license

number that is being sought 10 be transferred"

Answer - "New Jersey"

b. Question #3 - "Identify tbc trade nameís) under which the proposed business is

to be conducted"

Answer- it is blank

c. Question. #4 - "Identify the address of the current sii from which the license is lo

be transferred"

Answer - "518 Washington Street, Hoboken, New Jersey"

(The currently is no liquor license nt that location)

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d. Question #7 - "ldcnrify any other plenary retail consumption license premises

that arc within 500 feet of the proposed location"

Answer - "East LA''

(ln addition to East LA there is also the Farsidc Tavern, located across the Street

from 518 Washington Street, which should have been identified and is

approximately 373 feet from Los Chanitos, in addition the Court Street Bar &

Grill is located at 6 I 6th Street which is approximately 371.57 feel from Los

Charritos, Grimaldi's Coal Brick Over Pizzeria which is located al 411

Washington Street which is approximately 472.93 feel from Los Charrues and

Mikie Squared Bar & Grill which is located 01 616 Washington Street which is

approximately 449.7 feet from Los Chanitos. All or these establishments have

liquor licenses. (The Benny Tudino Pizzeria which is located at 622 Washington

Street may also be within the 500 foot distance)

c. Question #9 - "Altach a map depicting the proximity of your proposed licensed

premises (identified in question 5 above) to any other restaurant, bar, liquor store,

school, daycare center and/or house or worship. The map must include a diagram

to depict a 750-foot radius in each direction of the proposed license premises

which demonstrates how close the proposed location is to any of the

aforementioned buildings and uses"

Answer - The Defendant submitted a copy of a googlc earth map with no

information identifying any other restaurants, bars, liquor stores, school, daycare

centers of houses of worship. ln actuality, within the 750-root radius there arc

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three liquor licenses located in approximately seventeen other restaurants. On

Washington Street between 5•h and 6th Street where Los Charritos restaurant is

localed there ore at least twelve other functioning restaurants that do not have

liquor licenses, plus Iwo eating and drinking establishments that do have liquor

liccascs.

f. Question #14 - "Will any business other iban the retail sale of alcoholic

beverages for consumption be conducted on the premises where lhc license is to

be transferred?"
11
Answer - "No

(At the hearing before the Defendant, City Council, Mr. Uzziel Arias testified that

he was the owner and that Los Charritos is o restaurant. The answer 10 question

I! 14 contradicts his statement in his testimony)

g. Question #JS - "Describe in detail the facts and circumstance 1h01 demonstrate

exceptional circumstances for an exception 10 the prohibition of the 500-foot rule

in accordance with the Hoboken City Ordinance, Section 68-7G"

Answer - "Sec attached Certification of Uzziel Arias". ln his Certification, Mr.

Arias merely slates thai he is the owner of "Los Charritos Midtown", a family

restaurant located al 5 I 8 Washington Street He furthers slates that he is a

Hoboken native, has operated Los Chorritos al different locai ion since 1994. that

518 Washington Street is less than 500 feel from another licensed establishment,

and !hat he is noi 11 redevelopment zone. He further stated that he owns another

restauran! in Weehawken that has a liquor license since 2009. He slates his

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current location had a liquor license until either 1998 or 1999. He states that he

became aware that a pocket license is available for purchase and if the City could

approve the transfer, he would buy that license.

Based on this information there is no indication of any extra ordinary circumstance

which would justify the gran ting of this extraordinary relief.

I 8. There arc at least n dozen other restaurants on Washington Street within 750 feet of

the Defendant's Los Charritos restaurant that ure thriving without having a liquor

license.

19. Not only is the Los Charritos Lnc. petition incomplete, factually incorrect but it fails

10 state any extraordinary circumstance to permit the exception to the 500-foot rule.

20. ln spite of the inaccuracies and defect in the application, the Hoboken City Council

on September 5, 2018 granted the Los Charritos application and ignored the

requirements required in its own Ordinance of "extraordinary circumstances" which

was necessary to meet the exception for the approval 10 deviate from the 500-foot

rule.

21. The actions of the Defendant, Hoboken City Council will have a detrimental effect

upon the Plaintiffs' business interest.

22. The actions of the Defendant, Hoboken City Council at the September 5, 20 I 8

council meeting in approving the exception to the 500-foot rule of Chapter 68 of the

Ordinances of the City of Hoboken was arbitrary, unreasonable, capricious and

violated its own Ordinance.

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23. On September 17. 2018 at the Hoboken City Council meeting following the

September 5, 2018 council meeting the Plaintiff, David Roberts and other individuals

spoke at this meeting concerning the Defendant's actions concerning the Los

Chorritos matter nad asked the Governing Body to pass n Motion for Reconsideration

and set the mailer down for a public hearing where the citizens of Hoboken could

participate and be heard. The Defendant, City Council ignored this request.

WHEREFORE, the Plaintiffs demand:

l. That the granting of the exception of the 500-foot rule to Los Chorritos Inc. to permit

it to locate a liquor license nt 518 Washington Street, Hoboken, New Jersey be

deemed a violation of the terms of its Hoboken Ordinance 1168- 7G.

2. That the granting of the exception of the 500-foot rule to Los Chorritos lnc. to locate

a liquor license at 518 Washington Street, Hoboken, New Jersey be deemed an

arbitrary and capricious act by the Defendant, Hoboken City Council and be reversed

by the Court.

3. That the Court take such other actions that it deems appropriale under the

circumstances.

SECOND COUNT

l. The Plaintiffs repeat and incorporate each and every allegation contained in the First

Count of the within complained as though the same has been repeated verbatim herein.

2. Under N.J.S.A. I 0:4-6, the New Jersey Open Public Meeting Act, public bodies in the

State of New Jersey of which the Defendant, Hoboken City Council is one, is requin..'<! by

law to permit the public, which includes the Plaintiffs to have adequate notice and the

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right lo auend all meetings of public bodies at which any business effecting the public is

discussed or acted upon with a few exceptions, none of which pertain to the case al bar.

3. Under N.J.S.A. 10-4-6d "Adequate Notice" means written advance notice to the extent

known of the agenda of any regularly scheduled meeting which notice shall accurately

stale whether formal action mny or may not be taken.

4. Unbeknownst to the Plaintiffs, the Defendants, City of Hoboken and Hoboken City

Council conducted a hearing and took formal action in the granting of an exception 10 the

City's 500-foot rule 10 its ABC Ordinance to the benefit of the Defendant, Los Chorritos

Inc. nnd to the detriment of the Plaintiffs.

5. The September 5, 2018 Hoboken City Council agenda which was prepared by the

Hoboken City Clerk's Office contained no information lo the public that either a hearing

or a Resolution (official action) would be entertained and taken that would grant the

locating of an ABC liquor license for the benefit of the Defendant, Los Churrites Inc.

located nt 518 Washington Street, Hoboken, New Jersey.

6. 111c Defendant, City of Hoboken Clerk's Office prepared and published the agenda that

had various categories lo advise the publie as to what business would be conducted on

September 5, 2018. Those categories are:

Closed Session
2nd Readings and Final Reading
Public Comments
Petition and Communication
Claims
Payroll
Pubi ic Portion
Consent Agenda
Resolutions
Ordinances

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New Business

7. The only place in the September 5, 2018 agenda in which Los Charritos Inc. in

mentioned is under "Public Comments" and it stated "petition from Los Chnrritos

requesting waiver of 500-foot rule in accordance with 68-7(g)". There is nothing in the

agenda to indicate that u hearing would be held. There is nothing in the agenda to

indicated that n Resolution would be passed by the Governing Body approving the relief

sought as identified under the Public Comments section.

8. There is nothing contained in the published agenda to give the citizens of the City of

Hoboken any advance knowledge that there would be either a hearing or official action to

be taken with respect to this matter.

9. 111c Defendant, City of Hoboken violated the Open Public Meeting Act in failing to

properly disclose and advertise that there would be a hearing and an official vote to either

grunt or deny the Defendant, Los Chorritos Inc. 's request.

I O. As a result of the actions of the City of Hoboken and the Hoboken City Council, the

public including the Plaintiffs and other business owners and residents in the

neighborhood and the City of Hoboken in general were deprived of an opportunity to

either ask questions or submit comments and evidence for or against this action by this

City Council.

11. Under N.J.S.A. I 0:4-1 Sb the Plaintiffs have the right to request that the actions of the

Defendants, Ciry of Hoboken and Hoboken City Council be deemed void and the Court

upon a finding of a violation of the Open Public Meeting Act "shall declare such action

void".

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WHEREFORE, the Plaintiffs demand that the fui lure of tite City of Hoboken Clerk's

Ollicc to properly identify that there would be a hearing and official action ut the

September S. 2018 Hoboken Council Meeting pertaining to a request by Los Cltarritos

Inc. to hove a liquor license approved at 518 Washington Street, Hoboken, New Jersey be

deemed a violation of the Open Public Meeting Act and timt the Court declare the actions

of the City Council in approving the relocating of this license as void ab initio.

THIRD COUNT

I. The Plaintiffs repeat and incorporate each and every aìlcgation contained in the First

and Second Count of tite within complained as though the same has been repeated

verbatim herein.

2. Under Chapter 68 of the Ordinances of the City of Hoboken, the Hoboken ABC

Board is the Administrative Body charged with the power and responsibility to

approve person to person and place to pince liquor license transfer applications.

3. ln order to have a liquor license properly transferred to the Los Charritos site ut 518

Washington Street, and ABC application must be reviewed and approved by tite

Hoboken ABC Board at a public meeting.

4. Upon information and belief, the Defendant, Hoboken ABC Board has not acted upon

any application for the relocating of any liquor license for the benefit of Los Charritos

to 518 Washington Street, Hoboken, New Jersey.

5. Based on the facts in this case it would be inappropriate for the Defendant, Hoboken

ABC Board to entertain and/or vote upon the transfer of a liquor license for the

benefit of the Defendant, Los Chorritos to be located at 518 Washington Street,

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Hoboken, New Jersey until the Court determines whether or not the City of Hoboken

violated the Open Public Meeting Act und/or whether or not the actions of the

Defendant, Hoboken City Council were in violation of its own Ordinance respecting

the 500-foot rule or that the actions of the Defendant, Hoboken City Council were

arbitrary, unreasonable and capricious based on the facts presented in determining

whether there was a truc "extraordinary circumstances" to justify the granting of the

relaxation of the relocation of a liquor license for the benefit of Los Charriros to 518

Washington Street, Hoboken, New Jersey.

6. The Plaintiffs demand that the Court enter an Order enjoying the Defendant, Hoboken

ABC Board from holding any hearings and/or granting any permission for the

issuance of an ABC liquor license transfer to the Defendant, Los Charritos, Inc. for its

location at 518 Washington Street, Hoboken, New Jersey until further order of the

Court.

\VHEREFORE, the Plaintiffs demand that the Court enjoin the Hoboken ABC

Board from taking any action with respect to the locating of a liquor license for the

benefit of Los Charritos at 518 Washington Street, Hoboken, New Jersey until further

order of the Court.

BERTONE PICCINI LLP

Attorneys for Plaintiffs, Roberts Family Partnership,
East LA Inc., David Roberts, Individually,
Mikie q red LLC, Harsh eswill LLC

Dated:

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DESIGNATION OF TRlAL COUNSEL

Pursuant to R. 4:25-4, Joseph A. Pojanowski, lii, Esq. and/or a Member of the finn of

Bertone Piccini LLP is designated as trial counsel in the above matter.

BERTONE PICC!Nl LLP

Attorneys for Plaintiffs, Roberts Family Partnership,
East LA Inc., David Roberts, Individually,
Mikie Squared LLC, Harshu Inc. and Prcswill LLC

Dated: /~ /:i.pi

CERTIFICATION PURSUANT TO R. 4:5-1

I certify, upon information and belief, that the matter in controversy is not the subject of

another action or arbitration proceeding, now or contemplated, and that no other parties should

be joined in this action.

BERTOJ\'E PICCINI LLP

Attorneys for Plaintiffs, Roberts Family Partnership,
East LA lnc., David Roberts, Individually,
Mikic Squared LLC, Harshu Inc. and Prcswill LLC

Dated: By:

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CERTIFICATION PURS UANT TO R. 4:69-4

I certify, that I have attempted to order a copy of the Transcript of the September 5, 2018

Hoboken City Council meeting pertaining to this matter.

BERTONE PICCrNl LLP

Attorneys for Plaintiffs, Roberts Family Partnership,
East LA Inc., David Roberts, Individually,
Mikie S cd LLC, Hars ll1ñë.'iiñclì> r will LLC

Dated: JP/J //8

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CERTIFICATION OF DA VID ROBERTS

I. I am the Managing Partner of Roberts Family Partnership, the President of East LA lnc.

and a resident of the City of Hoboken.

2. I have read the Plaintiffs Complaint in Lieu of Prerogative Writ against the Defendants.

The facts asserted therein arc truc and accurate 10 the best of my knowledge.

3. I had no knowledge of the action thnt was to take pince on September 5, 2018 before the

City Council concerning Los Churrites Inc.. and only learned about it a few days after the fact.

4. Had the Ciry Clerk's Office properly notified the public that there was going 10 be a

hearing and that official action would have been taken, I would have been at the meeting along

with many other business man and residents in the neighborhood who arc concerned about this

application.

5. There ure over a dozen restaurants within the some City block that Los Charritos is

located, most of which do not have liquor licenses. They are nil successful businesses and bave

been in business for a number of years.

6. I personally watched the video of the Los Charritos hearing a week after it occurred, and

I did not hear any information that indicated that there were any extraordinary circumstances

which would merit the relief granted to the Defendant, Los Charritos in this case.

7. I participated as a citizen a year ago with the City Council amended the ABC Ordinance

to permit certain exceptions to the 500-foot rule. The extraordinary circumstances which were

discussed at the time that the Ordinance was drafted was to accommodate a business owner whose

property was either condemned by emanate domain or in the event that an existing license holder

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Josi its lease al one location and wanted 10 move 10 another location within 500 feci of the

existing license. Thal was the intend and purpose of the amendment to the Ordinance.

8. 111c actions of the City Council on September 5, 2018 do not justify any extraordinary

circumstances and in my opinion the Council violated its own Ordinance and its actions were

arbitrary, unreasonable and capricious.

9. Had the City of Hoboken complied with the Open Public Meeting Act, both I and other

members of the public would have had an opportunity to participate in the hearing and voice our

concerns with respect 10 the gran ting of this application.

I O. I have read the Plaintiffs Complaint and to the best of my knowledge the facts contained

in it arc truc.

I hereby certify that the foregoing statements made by mc arc truc, I am aware that if any

of the foregoing statements made by mc arc willfully false, I am subject to punishment

Da1ed: jtfl/cJ.,/¡g DA{i(/M

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