Law Office of John J. Tormey III, Esq.
John J.
Tormey III, PLLC
1636 Third
Avenue, PMB 188
New York,
NY 10128
USA
(212)
410-4142 (phone)
(212)
410-2380 (fax)
jtormey@optonline.net
https://www.tormey.org
REQUEST UNDER THE NEW JERSEY OPEN PUBLIC RECORDS ACT
(“OPRA”)
Wednesday,
January 1, 2025
VIA FAX: 1-609-633-6078, (1-609-292-0691), U.S. MAIL,
and E-MAIL:
ABC.Records@lps.state.nj.us
njabclicensing@njoag.gov
Kirstin
Krueger, Interim Director
State of New
Jersey, Department of Law & Public Safety
Division of
Alcoholic Beverage Control - Headquarters
140 East
Front Street, 5th floor
Trenton, New
Jersey 08625 USA
Re:
City of Elizabeth, NJ (Plenary) Retail License No.: 2004-33-227-001
Location: One South Front Street,
Elizabeth, New Jersey 07206 USA (Elizabeth Avenue and Front Street).
Possible Aliases: a/k/a “Lava Lounge”, f/k/a
“South Seas Bar”.
Principal: Bruce Edward Tucker, [___] Piermont Place, Piermont, New York 10968 USA.
Principal: Philip Costanza, 523 3rd
Avenue, Elizabeth, New Jersey 07202 USA.
Principal: Bruce L. Kain, 1147 Debra
Drive, Linden, New Jersey 07036 USA.
Dear Director
Kreuger:
I am an
attorney in New York. I am a citizen and resident of the Town of Orangetown, and
the County of Rockland. Under the New Jersey Open Public Records Act (“OPRA”),
P.L. 2001, c. 404, N.J.S.A. 47:1A-1 et
seq.:
https://nj.gov/opra/
https://www.nfoic.org/new-jersey-sample-foia-request
https://en.wikipedia.org/wiki/Open_Public_Records_Act
… request is
hereby made that your office provide to this, my law office, full and complete
copies of each and every document and other item of material (collectively, “Records”)
which may be at all responsive to the following itemized and specific OPRA requests:
1. Time-Frame.
I am seeking all Records reflecting, referencing, or
otherwise relating to the above-referenced bar, restaurant, businesses, location,
and/or individuals from January 1, 2000 forward to the present day.
2. License.
Specifically and without limitation to the foregoing, I am seeking all Records reflecting,
referencing, or otherwise relating to City of Elizabeth, New Jersey Retail
License No.: 2004-33-227-001. As a point of reference, Records which I have
located thusfar from media sources relating to this Retail License and the bar
and restaurant can be found at:
https://unhandpiermont.blogspot.com/2024/12/piermont-mayor-bruce-tuckers-foray-into.html
3. The
Restaurant And Bar. Specifically and without limitation to the foregoing, I
am seeking all Records reflecting, referencing, or otherwise relating to “Front Street Smokehouse & Saloon, Inc.” of Elizabeth, New Jersey.
4. The
Phone Number. Specifically and without limitation to the foregoing, I am
seeking all Records reflecting, referencing, or otherwise relating to the phone
number of Front Street Smokehouse & Saloon, Inc. identified as: “(908)
354-1818”.
5. The
Website. Specifically and without limitation to the foregoing, I am seeking
all Records reflecting, referencing, or otherwise relating to the Internet
website of Front Street Smokehouse & Saloon, Inc. identified as: www.frontstreetsmokehouse.com
6. The
Location. Specifically and without limitation to the foregoing, I am
seeking all Records reflecting, referencing, or otherwise relating to the
location of One South Front Street, Elizabeth, New Jersey 07206 USA – found
at the corner of Elizabeth Avenue and Front Street.
7. Lava
Lounge. Specifically and without limitation to the foregoing, I am seeking
all Records reflecting, referencing, or otherwise relating to “Lava Lounge”,
an apparent alias of the bar and restaurant.
8. South
Seas Bar. Specifically and without limitation to the foregoing, I am
seeking all Records reflecting, referencing, or otherwise relating to “South
Seas Bar”, the apparent prior name of a bar at the same location.
9. Bruce
Edward Tucker. Specifically and without limitation to the foregoing, I am
seeking all Records reflecting, referencing, or otherwise relating to one Bruce
Edward Tucker, [___] Piermont Place, Piermont, New York 10968 USA. You may recognize this individual's name, as he
currently serves as the Mayor of the Village of Piermont, New York, while at
one point apparently maintaining an ownership interest in the subject bar and
restaurant in Elizabeth, New Jersey.
10. Philip
Costanza. Specifically and without limitation to the foregoing, I am
seeking all Records reflecting, referencing, or otherwise relating to one Philip
Costanza, 523 3rd Avenue, Elizabeth, New Jersey 07202 USA.
11. Bruce
L. Kain. Specifically and without limitation to the foregoing, I am seeking
all Records reflecting, referencing, or otherwise relating to one Bruce L.
Kain, 1147 Debra Drive, Linden, New Jersey 07036 USA.
12. The
“Smokehouse Parties” – Possible Types Of Records. Next, for your ease of
reference, I will now refer to these following people, places, and businesses, collectively,
as, simply, the “The Smokehouse Parties”:
- Retail Licensee No.: 2004-33-227-001.
- Front Street Smokehouse & Saloon, Inc.
- One South Front Street, Elizabeth, New Jersey 07206
USA (Elizabeth Avenue and Front Street)
- “Lava Lounge”.
- “South Seas Bar”.
- Bruce Edward Tucker, [___] Piermont Place, Piermont,
New York 10968 USA.
- Philip Costanza, 523 3rd Avenue, Elizabeth, New
Jersey 07202 USA.
- Bruce L. Kain, 1147 Debra Drive, Linden, New Jersey
07036 USA.
(all, collectively, “The Smokehouse Parties”).
I am seeking,
in each case to the extent as may be existing:
(a). Applications And Renewals. All Records
reflecting, referencing, or otherwise relating to any applications or renewals of,
by, for, or otherwise concerning The Smokehouse Parties or any of them – including without limitation the applications themselves.
(b). Retail Licenses, Permits, And Renewals. All
Records reflecting, referencing, or otherwise relating to any retail licenses,
licensure, permits, or renewals of, by, for, or otherwise concerning The
Smokehouse Parties or any of them – including without limitation the licenses
themselves.
(c). Alcohol Licenses, Permits, And Renewals.
All Records reflecting, referencing, or otherwise relating to any
alcohol-related or other licensure, licenses, permits, or renewals of, by, for,
or otherwise concerning The Smokehouse Parties or any of them.
(d). Adverse Actions Against Licenses Or Permits.
All Records reflecting, referencing, or otherwise relating to any license,
permit, or other suspensions, cancellations, revocations, or terminations, of or
otherwise concerning The Smokehouse Parties or any of them – if any.
(e). License Transfers. All Records reflecting,
referencing, or otherwise relating to any retail license or other transfers of,
by, for, or otherwise concerning The Smokehouse Parties or any of them.
(f). Premises Expansions. All Records
reflecting, referencing, or otherwise relating to any premises expansions of, by,
for, or otherwise concerning The Smokehouse Parties or any of them.
(g). Objections. All Records reflecting,
referencing, or otherwise relating to any objections to expansions, transfers,
or other proposed or completed actions by, of, for, or otherwise concerning The
Smokehouse Parties or any of them.
(h). Stock. All Records reflecting,
referencing, or otherwise relating to any “stockholding” or stockholder
information or changes thereto, of, by, for, or otherwise concerning The
Smokehouse Parties or any of them.
(i). Property Documentation. All Records reflecting,
referencing, or otherwise relating to any property record, property title, or
other property documentation of, by, for, or otherwise concerning The
Smokehouse Parties or any of them.
(j). Insurance or Bonding Documentation. All
Records reflecting, referencing, or otherwise relating to any insurance or
bonding documentation of, by, for, or otherwise concerning The Smokehouse
Parties or any of them.
(k). Tax Documentation. All Records reflecting,
referencing, or otherwise relating to any tax, tax payment, tax history, tax
credit, tax arrearage, tax warrant, or other tax-related documentation of, by, for,
or otherwise concerning The Smokehouse Parties or any of them.
(l). Fee Documentation. All Records reflecting,
referencing, or otherwise relating to any fee, fee payment, fee history, fee
credit, fee arrearage, or other fee-related documentation of, by, for, or
otherwise concerning The Smokehouse Parties or any of them.
(m). Incidents. All Records reflecting,
referencing, or otherwise relating to any accidents, incidents, injuries, health
matters, environmental matters, or other untoward occurrences, at the subject
location of One South Front Street, Elizabeth, New Jersey 07206 USA, or
otherwise relating to The Smokehouse Parties or any of them – if any.
(n). Inspections. All Records reflecting,
referencing, or otherwise relating to any inspections of, or otherwise
concerning, the subject location of One South Front Street, Elizabeth, New
Jersey 07206 USA, or otherwise relating to The Smokehouse Parties or any of
them.
(o). Employment And Labor Matters. All Records reflecting,
referencing, or otherwise relating to any other labor or employment matters of,
or otherwise concerning, The Smokehouse Parties or any of them.
(p). Complaints. All Records reflecting,
referencing, or otherwise relating to any customer, patron,
consumer, or other complaints about, concerning, or otherwise relating to The
Smokehouse Parties or any of
them – if any.
(q). Proceedings. All Records reflecting,
referencing, or otherwise relating to any administrative, legal, or other
proceedings about, concerning, or otherwise relating to The Smokehouse Parties or any of them – if any.
(r). Claims And Litigations. All Records reflecting,
referencing, or otherwise relating to any claims, mediations, arbitrations, or litigations
about, concerning, or otherwise relating to The Smokehouse Parties or any of them – if any.
(s). Enforcement Actions. All Records reflecting,
referencing, or otherwise relating to any enforcement or comparable actions against,
about, concerning, or otherwise relating to The Smokehouse Parties or any of them – if any.
(t).
Violations. All Records reflecting, referencing, or otherwise relating to any
violation or claimed violation of any other laws, statutes, ordinances,
regulations, rules, requirements, or standards by, concerning, or otherwise
relating to The Smokehouse Parties or any of them – if any.
(u). Fines Or Other Penalties. All Records reflecting,
referencing, or otherwise relating to any fines or other penalties assessed
against or otherwise imposed upon The Smokehouse Parties or any of them – if any.
(v). E-Mails And Correspondence. All Records of
any e-mails, memos, notes, correspondence, or other writings to, from, referencing,
or otherwise relating to The Smokehouse Parties or any of them.
(w). Land Use. All Records of planning,
certified plans, engineering, zoning, applications, approvals, permits,
permissions, variances, inspections, code enforcement, compliance vel non,
stop-work orders, land use, intended land use, soil conservation, erosion,
sediment control, sedimentation, stormwater management, land disturbance,
environmental concerns, building, construction, insurance, bonding, escrows,
taxation, financing, complaints, or neighborhood opposition, including inter
alia e-mails, minutes, resolutions, and deliberative materials, relating to
The Smokehouse Parties or any of
them.
(x). All Other Records. All other Records of
any other kind or nature relating to The Smokehouse Parties or any of them.
13. Violations
Of Laws – IF Any. Specifically and without limitation to the foregoing, I
am hereby seeking, to the extent if at all existing, each and every Record
reflecting any “violation”, “reporting violation”, or other past, present,
future, or anticipated violation, breach, or other transgression of federal,
state, county, town, local, or other ordinance, rule, regulation, requirement,
or other law or standard - including without limitation any violation of rules,
regulations or other laws enforced by or otherwise relating to or concerning
the Environmental Protection Agency (EPA), Centers For Disease Control (CDC),
Agency for Toxic Substances and Disease Registry (ATSDR), Health Resources and
Services Administration (HRSA), National Institutes of Health (NIH), United
States Department Of Justice (USDOJ), U.S. Department Of Justice Environment
and Natural Resources Division (ENRD), U.S. Attorney’s Office (USATTY), Federal
Bureau Of Investigation (FBI), U.S. Department of Health & Human Services (USHHS),
Office of the Inspector General, Department of Health and Human Services (OIG),
U.S. Department of Homeland Security (USDHS) including without limitation its
division known as the Federal Emergency Management Agency (FEMA), Office of the
New Jersey Governor (NJ GOV), New Jersey Office of Homeland Security and
Preparedness (NJOHSP), New Jersey Office of Emergency Management (NJOEM), New
Jersey Office of the Attorney General (NJAG), New Jersey Department Of
Environmental Protection (NJDEP), New Jersey Department of Health (NJDOH),
Union County Department of Health Management (UCDOH), Union County Utilities
Authority (UCUA), New Jersey Office of the Attorney General (NJAG), your State
of New Jersey, Department of Law & Public Safety, Division of Alcoholic
Beverage Control (NJABC), the Municipal Board of Alcoholic Beverage Control of
the City of Elizabeth, New Jersey (Elizabeth A.B.C. Board), Occupational Safety
and Health Administration (OSHA), United States Department of Labor (USDOL),
New Jersey Department of Labor and Workforce Development (NJDOL), NJAG Division
of Consumer Protection/Regulated Business Section (DCA/OCP), State of New
Jersey Department Of Banking And Insurance (NJDBI), New Jersey Board of
Examiners of Electrical Contractors (NJBEEC), all other New Jersey state and
local agencies, and any other potentially-relevant authority.
14. Definition
Of “Records”. “Records” should be construed in the broadest sense and
manner possible and should include any information kept, held, filed, produced
or reproduced by, with or for your agency or office in any physical form
whatsoever, including without limitation all audio recordings, blog posts,
correspondence, data maintained electronically, data, e-mails, executive
summaries, extracts, faxes, instant messages, Internet posts, letters, log-book
entries, memos, paper records, personal messages, social media communications,
spreadsheets, summaries, synopses, telephone records, test-reports, visual
recordings, and any other materials.
15. Headings.
The headings and sub-headings for numbered Items #1 through #18 herein are for
purposes of your convenience of reference only, and should not be construed to
be words of limitation or otherwise of any substantive significance relative to
this OPRA request.
16. Costs.
If there are any copying or other fees for this, please let me know what they
are and how they are calculated, before fulfilling the request and forwarding
the Records to me. As this OPRA request should be considered a matter of public
importance, and as its results will be shared with the general public, I am
asking that any otherwise-applicable fees be waived for this production of
Records. I am also asking that all Records be provided to me electronically to
the full extent possible, so as to obviate the need for any photocopying
expense.
17. Appeals.
In the event that any portion of my request is denied, please inform me of each
of the specific reasons for any such denial in writing - and provide me with
the name, address, and other contact information of the person or entity to
whom an appeal should be directed.
18. Additional
OPRA Requests. This OPRA request is not intended to be exhaustive, and I
may need to make additional or follow-up requests.
I will
appreciate a response from you and your office as soon as possible. I look
forward to hearing from you shortly.
Respectfully,
and with thanks,
John J.
Tormey III, Esq.
cc:
VIA U.S.
MAIL and E-MAIL:
grc@dca.state.nj.us
Government
Records Council (GRC)
PO Box 819
Trenton, New
Jersey 08625 USA
