AVALON –– Borough Council said The Whitebrier couldn’t serve alcohol from its outside service bar, however the State Division of Alcoholic Beverage Control said it could, for now.
A suspension of Borough Council’s June 24 action to prohibit The Whitebrier Beach Club from serving alcohol from its outdoor service bar may indicate that it appears to the ABC that owner Anthony Zurawski was denied due process of law.
The ABC granted The Whitebrier a temporary “stay” which will allow the outside bar to continue operation until the matter is put to trial.
Council cited an alleged violation of a condition to the outside service bar, not to serve alcohol directly to patrons and rather have it delivered by staff, as its reason.
A video of the alleged violation was created by a private detective and submitted to police.
During June 24 liquor license renewal hearing, Zurawski and attorney Mary D’Arcy Bittner argued The Whitebrier was being discriminated against as retribution for pending litigation.
Bittner said videotaping private investigator asserted a condition violation without notice to her client and someone with whom her client is in litigation, The Windrift, had submitted the “finding.”
The borough is a co-defendant in that litigation.
She said her client was denied due process because there was no notice of complaint, citation or hearing and he was not made aware use of service bar would be denied until the night council renewed its license with the penalizing condition because of this complaint.
On June 29, Bittner submitted a request for immediate interim relief from the ABC. Bittner filed for two petitions for appeal, one appealing the penalty and another appealing the special condition itself.
The Whitebrier is the only establishment with condition not to serve patrons from the outside service bar.
On Jun 30, Avalon solicitor Stephen Barse filed an objection to the petition for appeal and requested an expedited hearing.
An order to overturn and “stay” the special condition/penalty pending appeal was issued, allowing the temporary use of the service bar.
An appeal trial will be held once ABC Director Jerry Fischer reviews the borough’s reasons for the special condition, cited as a “penalty” during the June 24 meeting, and the allegedly incriminating videotape.
Contact Truluck at (609) 886-8600 ext. 24 or at: ltruluck@cmcherald.com
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