Byram Township Council split down the middle on liquor license transfer

BYRAM — The owner of Smokey’s Bar-be-que, Richard Alexander, came once again before the Byram Township Council in hopes that his application for a transfer of the liquor license owned by Don Falconer would be approved. In a continuation from their last meeting, the council heard testimony this past Monday from Alexander. Alexander and his lawyer, Debra Nicholson, both residents of Sparta, presented their application for a transfer of the liquor license at the beginning of the October. At that meeting, Chief of Police Raymond Rafferty brought up concerns of a prior conviction, along with arrests and criminal charges on Alexander’s record including possession of a controlled substance and assaulting a police officer. Alexander had checked off the “no” box on his application where it asked if he had committed crimes of “moral turpitude,” when in fact, according to the background check done by Chief Rafferty, Alexander had been arrested, convicted and served time in Massachusetts in 1969. Alexander and Nicholson argued then and at this past Monday’s meeting that they were acting according to the Department of Alcoholic Beverage Control’s (ABC) manual, which defines crimes of moral turpitude as those serving a sentence of one year or more. “Since my client was only in jail 14 days and was then released, I advised him to check off no.” Nicholson apologized to the council, admitting she was wrong in giving this advice. She also asked them to see past her bad advice and to “Look at the man he is today, not the man he was 40 years ago.” The council asked Alexander and Nicolson, to return with proof that his previous crime from 1969 had been absolved to the next meeting. Alexander and his lawyer came to the council with two items: an amended application with the question of arrest marked “yes” which was submitted to the N.J. ABC and an affidavit from Alexander’s lawyer at the time. Nicholson provided the court with a statement that Barry Weis, a retired criminal defense attorney, faxed to her a statement that though he no longer had any official documentation, he did recall the case. To Weis’ recollection, the case was expunged, though he had no real proof to substantiate his claim. Mayor Eskil Danielson and three out of the four council members, Donna Griff, James Oscovitch and Early Riley, were present to hear the new testimony. Louis Esposito Jr., who was stuck at O’Hare Airport in Chicago, arrived too late to be qualified to vote on the matter. The lack of a fifth vote left the council split on the decision to transfer the license. Two motions were up to vote on. First, Griff and Oscovitch motioned to deny Alexander the transfer. Griff explained her concerns. “There are too many inconsistencies. First you said it was in 1963, but all the documents say 1969. You checked no, but now you’re checking yes. Why were you not up front about the arrest in the first place?” Oscovitch echoed Griff’s concerns, adding the question of lack of proof of the expungement of the crime Alexander claims occurred. Alexander claimed the charges were “trumped up.” He stands by his initial testimony that his “lawyer made the charges go away. There was no trial, no parole officer. I believed it to be done with.” He even went as far as to say he believed the prison records to be wrong, that it was indeed in 1963, against the advice of his lawyer. Danielson and Riley had a more optimistic view of Alexander’s petition. They were willing to approve the transfer conditionally with the renewal up on June 30, 2007; they motioned to approve the transfer with a watchful eye over the course of the remaining licensed period. Danielson and Riley voted yes, but again Griff and Oscovitch voted no, with the same reasoning. With this deadlock, the council was unable to proceed further. Riley was disappointed in the ruling. “I would love to see Smokey’s open with its own license. People can change and I think Mr. Alexander has.” Alexander can operate under the current license, but remains determined to have the transfer to his name. Now, he and his lawyer will have to appeal to the ABC for an overturn of the council’s rule.