Law Office of John J. Tormey III, Esq.
John J. Tormey III, PLLC
1636 Third Avenue, PMB 188
New York, New York 10128 USA
(212) 410-4142 (phone)
(212) 410-2380 (fax)
jtormey@optonline.net
https://www.tormey.org
Helen Scheuer, Executive Director
Elizabeth Human Rights Commission (HRC)
City Hall, 50 Winfield Scott Plaza
Elizabeth, New Jersey 07208 USA
(Plenary) City of Elizabeth, Liquor Retail License No.: 2004-33-227-001
Business: “Front Street Smokehouse
& Saloon, Inc.” – (908) 354-1818 – www.frontstreetsmokehouse.com
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”.
Co-Principal: Bruce Edward Tucker, [___] Piermont Place, Piermont, New York 10968 USA.
Co-Principal: Philip Costanza, 523 3rd
Avenue, Elizabeth, New Jersey 07202 USA.
Co-Principal: Bruce L. Kain, 1147 Debra
Drive, Linden, New Jersey 07036 USA.
https://nj.gov/opra/
https://www.nfoic.org/new-jersey-sample-OPRA-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:
https://unhandpiermont.blogspot.com/2024/12/piermont-mayor-bruce-tuckers-foray-into.html
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, as you know, 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.
(collectively, “The Smokehouse Parties”).
I am seeking,
in each case to the extent as may be existing:
(a). 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, as described hereinabove.
(b). Complaints.
All Records reflecting, referencing, or otherwise relating to any employee,
worker, independent contractor, intern, apprentice, vendor, customer, patron,
consumer, or other complaints about, concerning, or otherwise relating to The
Smokehouse Parties or any of them – if any.
(c). 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.
(d). 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.
(e). 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.
(f). 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.
(g). 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.
(h). 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.
(i). 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.
(j). Food-Related
Licenses, Permits, And Renewals. All Records reflecting, referencing, or
otherwise relating to any food-related or other licensure, licenses, permits,
or renewals of, by, for, or otherwise concerning The Smokehouse Parties or any
of them – including without limitation the licenses themselves.
(k). 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 – including without limitation the licenses themselves.
(l). Applications
And Renewals. All Records reflecting, referencing, or otherwise relating to
any applications or renewals for licenses, permits, or other permissions, of,
by, for, or otherwise concerning The Smokehouse Parties or any of them –
including without limitation the applications themselves.
(m). “Retail
Licenses”, Permits, And Renewals. Specifically, 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.
(n). 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.
(o). License
Transfers. All Records reflecting, referencing, or otherwise relating to
any transfer of any retail license or other transfers of, by, for, or otherwise
concerning The Smokehouse Parties or any of them.
(p). 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.
(q). 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.
(r). 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.
(s). 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.
(t). 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.
(u). 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.
(v). 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.
(w). Incidents.
All Records - if any - reflecting, referencing, or otherwise relating to any
accidents, incidents, citations, tickets, deficiencies, unsafe conditions,
hazardous conditions, other conditions, injuries, health matters, environmental
matters, or other untoward occurrences - including without limitation in
connection with any contamination, infection, food poisoning, other poisoning,
other unsanitary condition, ambulance call, EMS call, hospitalization, medical
attention, contagion, “spreader” event, epidemic, pandemic, hazardous material,
hazardous waste, sewage, garbage, sanitation, pollution, waste, or other refuse
- 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,
whether relating to food processing, preparation, storage, handling, dressing,
sale, quality-control, quality-assurance, disposal, personal injuries, or
otherwise.
(x). 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.
(y). 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
any of the following:
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. 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).
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 Department Of Environmental Protection (NJDEP).
New Jersey Department of Health (NJDOH).
Union County Department of Health Management (UCDOH).
City of Elizabeth New Jersey, Health Department (Elizabeth Health).
United States Department of Agriculture (USDA).
Union County Utilities Authority (UCUA).
Union County Clerk (UC Clerk).
New Jersey Department of Law & Public Safety, Division of Alcoholic Beverage Control (NJABC).
Municipal Board of Alcoholic Beverage Control, City of Elizabeth, New Jersey (Elizabeth A.B.C. Board).
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Occupational Safety and Health Administration (OSHA).
United States Department of Labor (USDOL).
U.S. Immigration & Customs Enforcement (ICE).
U.S. Department of Justice (USDOJ), Civil Rights Division (CRD).
U.S. Equal Employment Opportunity Commission (EEOC).
New Jersey Department of Labor and Workforce Development (NJDOL).
New Jersey Office of the Attorney General (NJAG).
State of New Jersey Attorney General, Division on Civil Rights (DCR).
New Jersey Department of Law and Safety, Division of Civil Rights (NJLS DCR).
New Jersey Commission on Civil Rights/NJ Civil Rights Commission (NJCCR).
Elizabeth Human Rights Commission (HRC).
New Jersey AG Division of Consumer Protection/Regulated Business Section (DCA/OCP).
New Jersey Department Of Banking And Insurance (NJDBI).
New Jersey Board of Examiners of Electrical Contractors (NJBEEC).
Public Employees Occupational Safety and Health (PEOSH) State Plan Office.
All other New Jersey state and local agencies.
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
- 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.
(collectively, “The Smokehouse Parties”).
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. 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).
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 Department Of Environmental Protection (NJDEP).
New Jersey Department of Health (NJDOH).
Union County Department of Health Management (UCDOH).
City of Elizabeth New Jersey, Health Department (Elizabeth Health).
United States Department of Agriculture (USDA).
Union County Utilities Authority (UCUA).
Union County Clerk (UC Clerk).
New Jersey Department of Law & Public Safety, Division of Alcoholic Beverage Control (NJABC).
Municipal Board of Alcoholic Beverage Control, City of Elizabeth, New Jersey (Elizabeth A.B.C. Board).
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Occupational Safety and Health Administration (OSHA).
United States Department of Labor (USDOL).
U.S. Immigration & Customs Enforcement (ICE).
U.S. Department of Justice (USDOJ), Civil Rights Division (CRD).
U.S. Equal Employment Opportunity Commission (EEOC).
New Jersey Department of Labor and Workforce Development (NJDOL).
New Jersey Office of the Attorney General (NJAG).
State of New Jersey Attorney General, Division on Civil Rights (DCR).
New Jersey Department of Law and Safety, Division of Civil Rights (NJLS DCR).
New Jersey Commission on Civil Rights/NJ Civil Rights Commission (NJCCR).
Elizabeth Human Rights Commission (HRC).
New Jersey AG Division of Consumer Protection/Regulated Business Section (DCA/OCP).
New Jersey Department Of Banking And Insurance (NJDBI).
New Jersey Board of Examiners of Electrical Contractors (NJBEEC).
Public Employees Occupational Safety and Health (PEOSH) State Plan Office.
All other New Jersey state and local agencies.
Any other potentially-relevant authority.
John J. Tormey III, Esq.
VIA U.S. MAIL and E-MAIL:
grc@dca.state.nj.us
Government Records Council (GRC)
PO Box 819
Trenton, New Jersey 08625 USA
