License transfer stalled by questions

BYRAM - Byram Township residents have been watching the conversion of Falconers, a well-known tavern on the shore of Lake Lackawanna, into Smokey’s Bar-be-que. Most of the physical work is complete, but one important factor is still up in the air: the liquor license transfer from Don Falconer to the Lake Lackawanna Holding Company and Richard “Smokey” Alexander of Sparta. Police Chief Raymond Rafferty brought Alexander’s transfer application to the township’s council meeting because of a discrepancy between the questionnaire and a background check completed by the township police. Rafferty said he could not recommend the application be approved until the discrepancy is cleared up. Alexander’s application indicated he had never been convicted of a crime involving “moral turpitude.” The background check uncovered a few disorderly persons offenses or misdemeanors, which would not be counted, and one conviction of a more serious offense. Alexander’s attorney, Deborah Nicholson of Sparta, explained her client had come to her with information about an arrest that resulted in his incarceration, but was overturned when a witness came forward with information indicating the charges had been fabricated. He told her as far as he knew the Commonwealth of Massachusetts had expunged the record. She advised him to indicate on the application he had no criminal record. Both were surprised when the background check revealed he had served a year in prison for the offense. Nicholson presented the draft copy of the application on which Alexander had inserted a question mark in the margin next to that question and on which Nicholson had checked the box indicating no convictions. She noted he had used blue ink and she had used red. Township Attorney Thomas Collins explained if the records were actually expunged in another state, New Jersey would accept that and the license could be issued. Alexander explained in a written statement and verbally to Byram’s Council that he had been a musician, playing bass and saxophone for many years. He played with such notables as David Bowie, Jeff Beck and Richie Havens, and thereby developed many contacts in the club industry. He said a woman with whom he had been acquainted in the 1960s had tried to pressure him to use his contacts with nightclub owners to allow her to pursue illegal activities in those clubs and he had refused. Seeking revenge, she made up allegations against him which resulted in his arrest. He was sentenced to a year in prison, he said, but evidence was presented contrary to her allegations and he was released after 10 days. Rafferty said, “We don’t have paperwork that says how long he served.” Council members asked Alexander to try to find the attorney who, he said, got him off to determine if he had written records clarifying the matter. Mayor Eskil Danielson, a former police officer and chief, said he understands jurisdictions have to dispose of reports that would give the details, but the jail would have a “log in/log out” record of time served. . Council member Earl Riley pointed out that the affidavit prepared by Alexander indicated the offense occurred in 1969, but he told council it happened in 1963, when he was 20 years old. Nicholson said they would “try to get to the bottom” of the date discrepancy. Deputy Mayor Donna Griff said “I believe you’re a good person, but I need proof. I’m a proof person.” She said she spoke to Susan Dolan, the deputy attorney general who handles disqualifications of liquor license applications who told her if the council turned down the transfer, the state would issue a “work permit” so Alexander could operate the establishment under Falconer’s license until the matter could be cleared up. Alexander said it is important to him to operate under his own license because he has a partner who has put up a great deal of money and he needs the license for security. Council continued the hearing until the Oct. 16 meeting.