Page 10 THE VILLADOM TIMES III • February 27, 2013
Ho-Ho-Kus
Council rectifies ‘pocket’ liquor license issue
by Jennifer Crusco The Ho-Ho-Kus Council has rectified a glitch that led the governing body to improperly issue a “pocket” liquor license to the Ho-Ho-Kus Inn & Tavern on May 22, 2012. Borough officials noted that the business was always operating legally, despite the timing problem associated with the borough-issued license, because the HoHo-Kus Inn & Tavern operates under a state license, not the borough-issued license. Borough Attorney David Bole described the license situation as a “good faith misunderstanding” that had occurred between the owners of the inn and the borough clerk’s office, which issues the pocket license. That misunderstanding led to the council’s approval of the license before the inn had filed the related application with the New Jersey Division of Alcoholic Beverage Control. At last week’s work session, the council approved a resolution that rescinded the approval of license 0228-33-002-009, stating that the “plenary retail distribution license was improperly issued to the Ho-Ho-Kus Inn and Tavern, LLC” in May 2012. The resolution states that the license “was not timely renewed (with the ABC) for the 2012-13 license term.” The council followed up by passing a resolution approving the inn’s pocket liquor license. According to that resolution, the inn sought relief from the director of the Division of Alcoholic Beverage Control pursuant to N.J.S.A. 33:1-12.18. In a special ruling dated Dec. 30, 2012, the director granted approval to allow the borough to consider the renewal of the license. According to the resolution, the inn’s operators have now filed the necessary application, paid the license fee, and “caused an advertisement to be made in accordance with N.J.A.C. 13:3-2.5.” The council’s resolution approved license 0228-33-002-009 for the Ho-HoKus Inn & Tavern for the term beginning July 1, 2012 and ending June 30, 2013. Borough Clerk Laura Borchers will now file a copy of the resolution with the 12-page application filed by the inn and proof of advertisement with the director of the ABC. During the council’s discussion of the license situation, Ho-Ho-Kus Borough Attorney Bole noted that the Ho-Ho-Kus Inn & Tavern actually operates under the state license. The borough-issued license was used by previous inn operators before the borough took ownership of the historic building in which the Ho-Ho-Kus Inn & Tavern now operates. The owners of the business retain the borough-issued license as a “pocket” license, should it be needed in the future.
And the winner is...
Sicomac Pharmacy Ho-Ho-Kus and De Bliecks recently gave away a free iPad mini as part of a promotion. Sarah Strauss, pictured with her two sons from the Ho-HoKus store, was the winner.
Gordon Hamm, a part-owner of the Ho-Ho-Kus Inn & Tavern, acknowledged that there had been a timing problem with the filing process. According to Bole, liquor license renewals must be completed on or before July 1. However, the attorney indicated that “some time well after July 2012,” the ABC told the borough clerk there was a problem with the renewal. Bole said the 12.18 ruling was necessary from the ABC’s director. He explained that any late liquor license filing must go to Trenton. Bole noted that the pocket license is valuable because it is the only liquor license available in Ho-Ho-Kus. The number of liquor licenses that may be issued in a municipality is based on population, with one license available per 5,000 people. Mayor Thomas Randall explained that the borough-issued liquor license has been bought and sold several times over the years as various restaurateurs have operated their businesses in the borough-owned building. During the transfer from the last business owners to the Ho-Ho-Kus Inn & Tavern, Randall said, the borough became aware that a specific type of license had to be issued because the inn is a public building. He said that, if the borough did not own the building at some point in the future, “the state license would go away and the pocket license (from the borough) would be needed.” Randall noted that, while the pocket license cannot be used by the inn’s operators at this time, they are compelled to keep it active.