Monday, April 20, 2015

Lap Dances Out, Bathing Suits In For Richmond Tavern


Victorian bathing suits

A  liquor license holder who wants to locate at the former Richmond Beer Garden agreed to ditch lap dances and skimpy outfits in order to avoid the label of a "sexually oriented business."

Dancers will wear bathing suits that do not expose breasts or buttocks and will not engage in any touching or simulation of self-gratification or sexual intercourse, or else owner Luis Penaloza will be in violation of a rule barring a "gentlemen's club" from being 1,000 feet or less from a church.

The pledge emerged at a special meeting Monday where the City Council acted as the local Alcoholic Beverage Control Board. Penaloza's request must still be reviewed by the state ABC and if approved, it will be up for a vote by the council at the May 11 meeting.

Council President Bridget Rivers urged support for Penaloza, saying he "deserves a chance" to open his business, although in public comment several neighbors complained of noise until 2 a.m., sex in cars, blocked driveways and condoms, broken beer bottles and crack vials littering their property. Since the go-go club closed a few years ago, the neighborhood has been quiet, residents said.

Sgt Nuno Carvalho, who investigated the application for the Plainfield Police Division, also said police calls were down 50 percent since the club closed. Carvalho met with Penaloza last year and described his initial business plan as "less than stellar," in part because Penaloza wanted to convert a DJ booth to a private space for lap dances. Carvalho described "substantial" criminal activity around the club in the past, including a homicide, but in cross-examination Penaloza's attorney noted two homicides this year in the closed club's vicinity, bringing a laugh from Rivers.

Planning Director Bill Nierstedt also testified on the application, saying he reviewed it for a certificate of occupancy as a tavern, which is a permitted use. But he said the only previous certificate of occupancy on file was in 1971, for a retail store. The applicant later produced a document that Inspections did not have, which was a certificate of occupancy for a first floor bar. Still-outstanding issues included parking, the need for site plan review and the fact that the tavern designation did not allow for live entertainment.

Council members asked how the Richmond Beer Garden operated over decades in violation of laws on the books and Nierstedt said there were illegal uses all over town.

"So it appears that your reasoning is that you are interested in applying the law when you find it," Councilwoman Gloria Taylor said. "For us, we have to look not only what is in the books, but what is practice."

City Solicitor David Minchello conducted the hearing and in summation told the governing body, "Make no mistake, the application before you is for a sexually oriented establishment. Don't be confused about what this is."

Alluding to Sgt. Carvalho's testimony on crime, he said, "I ask that you deny this application."

But Penaloza's lawyer, Andrew Ingram, said, "Do not believe this is a sexually oriented business," and insisted his client would have to follow all the rules or be subject to suspensions, fines and revocation of his license.

"He has no choice but to follow the letter of the law," Ingram said. "Dancers need to be fully dressed. He's going to have to follow that."

In public comment, resident Alex Toliver said,  "I don't have no horse in this race. A word has been tossed around here and used negatively. Sex, sex, sex - that's crap."

Toliver said people could see thongs and such at the beach.

"Let's get that sex out of our mind," he said.

Disputing Nierstedt's comment that a vacant lot across the street could not be used for parking and would only hold five cars anyway, Toliver said  he has seen three trailers parked on the lot.

"This is a night club, it's been a night club all these years," he said. "Where are these other licenses at? Who owns these licenses? Then shut them down," he said, alleging "kickbacks."

Update: the vote to include renewal of the license on the May 11 agenda was 4-1, with Vera Greaves, Gloria Taylor, Diane Toliver and Bridget Rivers voting "yes" and Tracey Brown voting "no." Cory Storch and Rebecca Williams were absent.

The other item on the agenda, possible charges and penalties against the Latino Heat Bar & Grill, was decided quickly as a downgrade from an initial 70 days' proposed suspension to an agreement between the city and license holder Mahamatie Beni for a 30-day suspension which will require City Council approval at the May 11 meeting. The offense was not disclosed in the hearing, but when Plaintalker asked Beni, her companion said it was just some people drinking after hours. Minchello said Beni can also appeal the suspension and seek just a monetary penalty.

All liquor licenses must be reviewed for annual renewal by June 30, according to ABC law. Although a state formula limits the number of bars and liquor stores by population, most Plainfield licenses are "grandfathered" and not affected by the rule. See a post on last year's liquor license process here.

--Bernice

19 comments:

  1. Council members asked how the Richmond Beer Garden operated over decades in violation of laws on the books and Nierstedt said there were illegal uses all over town
    .... Plainfield NJ... one of the few places you can illegally operate a business WITH EVERYONE AWARE and it's a-ok... by all means, don't do a damn thing about it though..laughable.

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  2. That's the first ward and Diane toliver her people down, vera please leave, and Bridget need to be reminded that politicans go to jail for being stupid.

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  3. Please note Rev.Brown voted no.

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    1. Good for her. She seems to be voting her principles. Last week voted "yes" for worker health benefits, too.

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  4. Council members do your research this is another show to give frank cretella mayor mapp and John Stewart's boy. Cretella have been trying to get this liquor license for a very long time. Council members please do not allow them to take everything from the Latinos. They already tried to take north ave using an emergency purpose

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    1. You have no facts to back this up. And, you obviously are not the brightest star in the sky. First, you capitalize proper nouns and names.

      Second, your first sentence is a run on and the second sentence makes no sense - just like you.

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    2. Sometimes rumors guide us to the facts. Everything else is unnecessary rudeness, but thanks for the grammar instruction that came with it.

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    3. And it's Cretella HAS been trying NOT have been trying.

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  5. Why would we want such a tawdry business in our city? Aren't we supposed to be revitalizing it and improving our image to attract businesses and people? What sort of people will strip clubs (under any other name) attract? Not the element I would like to see, how about the rest of you out there who have a stake in this town?

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  6. This is pitiful, but no surprise.

    Rivers and Taylor, the 2 church ladies that always tout decency, what's best children and moan and groan religious non-sense from their seats.

    Two weeks ago they were demonizing a resident blogger for his behavior in a parked car with a consenting adult and now they are advocating for a business that will generate more of the same. Hypocrites - talking out of every orifice.

    I believe it was also Rivers who was advocating on behalf of the now-closed establishment that was dealing drugs and selling to minors, no?

    Way to go Council President et al!

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  7. Keep that trash behavior out of residential neighborhoods. How about putting that establishment next to River's or Taylor's home? They wouldn't like it one bit. Also, isn't Mr. Penaloza one of Sharon's benefactors? Hmmmm....... More churches, less twerking.

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  8. So the people in the first ward should understand that if there is crime in their neighborhood, it is endorsed by the people the voted to represent them.

    Want to know why the 2 and 3 Wards are safer? We do not tolerate behavior like this.

    And, no Council President, he does not deserve a second chance. The neighborhood deserves a crime safe area to live and raise their families.

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  9. Dancers fully clothed or in bikinis on a stage gyrating in front of men with drink in hand, is still promoting sex! The very last thing we need is another bar in a residential area. The city successfully closed down all the black owned bars only to grant the licenses to the Hispanics. The amount of criminal activity surrounding these establishments is unacceptable and the council should without doubt deny the renewal of a license at this location. How can you justify the disrespect to the community?

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    Replies
    1. Alright, got your point, but let's settle down on the take away from "race A" to give to "race B" -- can we just move on as human beings and stop segregating ourselves? Jeez.....

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  10. The public safety dept, is against this bar opening. Now being that the city council went against that advice can the council members be held liable in a legal suit in the event there's a injury or death as a result of a action that is related to that bar. Or for property damage to private homes? The council said F$&"K the residents pour the gin and juice and get naked !!!!

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  11. Recall the whole city council!!'

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  12. Why is Alex toliver, running his mouth is he really the first ward rep and his wife is just a prop?

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    1. Now you get it. Remember his threat to the Mayor when he was removed from the PMUA Commission?

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  13. Does Ms. Rivers always find the homicide of 2 people funny? Her lack of leadership, decorum and ability to carry herself in a professional manner shouldn't surprise anyone at this point.

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