Bruce Tucker's Smokehouse, Solid Waste, And Sewage.

 

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
 

REQUEST UNDER THE NEW JERSEY OPEN PUBLIC RECORDS ACT (“OPRA”)

 
Monday, January 6, 2025
 
VIA FAX: 1-732-382-5862, U.S. MAIL, and E-MAIL:
LStender@ucua.org
info@ucua.org
Linda Stender - Acting Executive Director
Union County Utilities Authority
1499 Routes 1 & 9 North
Rahway, New Jersey  07065  USA
 
VIA FAX: 1-732-382-5862, U.S. MAIL, and E-MAIL:
LdaSilva@ucua.org
Lisa M. da Silva - Deputy Executive Director, Director of Administrative Services
Union County Utilities Authority
1499 Routes 1 & 9 North
Rahway, New Jersey  07065  USA
 
VIA FAX: 1-732-382-5862, U.S. MAIL, and E-MAIL:
JHummel@ucua.org
Jeffrey P. Hummel - Director of Solid Waste Enforcement
Union County Utilities Authority
1499 Routes 1 & 9 North
Rahway, New Jersey  07065  USA
 
Re:                 
(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”.
Principal: Bruce Edward Tucker, [___] Piermont Place, Piermont, New York 10968 USA.
Principal: Philip Costanza, 523 3^rd Avenue, Elizabeth, New Jersey 07202 USA.
Principal: Bruce L. Kain, 1147 Debra Drive, Linden, New Jersey 07036 USA.

Dear Ms. Stender, Ms. Da Silva, Mr. Hummel, and Colleagues:
 
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-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:
 
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. 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, including without limitation Records of all solid waste, garbage, refuse, sewage, public health, and environmental health matters that may have arisen in connection with this business and business premises during or within the above-defined time-frame and including the following more specific types of matters:
 
Americans With Disabilities Act (ADA) compliance, apprenticeships, child labor, collective bargaining, Consumer Credit Protection Act (CCPA), discrimination, employee benefits, Employee Retirement Income Security Act (ERISA), Fair Labor Standards Act (FLSA), Family And Medical Leave Act (FMLA), firing, hiring, Immigration And Nationality Act (INA), New Jersey Sanitary Code (NJSC), independent contractor arrangements, internships, layoffs, maternity leave, minimum wage standards, nonimmigrant workers, overtime, paternity leave, pay equivalency, pensions, personal service agreements, postering, recordkeeping, right to work matters, tips, underpayments, unemployment insurance, unfair labor practices, unionization, visas, wages, wage garnishment, whistleblower protections, workers’ compensation, working conditions, workplace health, and workplace safety.
 
3. Liquor License. Specifically and without limitation to the foregoing, I am seeking all Records reflecting, referencing, or otherwise relating to City of Elizabeth, New Jersey liquor Retail License No.: 2004-33-227-001. As a point of reference, Records which I have located thusfar from media sources relating to this liquor Retail License and the bar and restaurant can be found at:
https://unhandpiermont.blogspot.com/2024/12/piermont-mayor-bruce-tuckers-foray-into.html
 
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.
(collectively, “The Smokehouse Parties”).
 
I am seeking, in each case to the extent as may be existing:
 
(a). Incidents. All Records - if any - reflecting, referencing, or otherwise relating to any accidents, incidents, citations, tickets, deficiencies, non-compliance, unsafe conditions, hazardous conditions, other conditions, injuries, “Dram Shop Act” events, recalls, health matters, environmental matters, New Jersey Sanitary Code violations, or other untoward occurrences - including without limitation in connection with any contamination, infection, disease, hygiene problem, food poisoning, other poisoning, other unsanitary condition, transportation, labelling, mis-labelling, air pollution, noise pollution, water pollution, other water quality concerns, ambulance call, EMS call, hospitalization, medical attention, contagion, “spreader” event, epidemic, pandemic, hazardous material, hazardous waste, solid waste, sewage, storage tanks, insecticides, rodenticides, pesticides, garbage, sanitation, sewage, pollution, food waste, other 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.
 
(b). Complaints. All Records reflecting, referencing, or otherwise relating to any employee, worker, independent contractor, intern, apprentice, vendor, customer, patron, consumer, resident, citizen, 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). Food-Related Or Solid Waste Licenses, Permits, And Renewals. All Records reflecting, referencing, or otherwise relating to any food-related, solid waste, sewage, 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.
 
(e). 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.
 
(f). 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.
 
(g). “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.
 
(h). 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.
 
(i). 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.
 
(j). 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.
 
(k). 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.
 
(l). 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.
 
(m). 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.
 
(n). 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.
 
(o). E-Mails And Correspondence. All Records of any e-mails, memos, notes, correspondence, documents, or other writings to, from, referencing, or otherwise relating to The Smokehouse Parties or any of them.
 
(p). 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.
 
(q). 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.
 
(r). 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.
 
(s). 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.
 
(t). 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.
 
(u). 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.
 
(v). 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.
 
(w). 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.
 
(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).
USDA Food Safety and Inspection Service (FSIS).
U.S. Food and Drug Administration (FDA).
Union County Utilities Authority (UCUA).
Union County Clerk (UC Clerk).
Your Union County Utilities Authority.
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).
U.S. Equal Employment Opportunity Commission (EEOC).
U.S. Department of Justice (USDOJ), Civil Rights Division (CRD).
Occupational Safety and Health Administration (OSHA).
United States Department of Labor (USDOL).
U.S. Immigration & Customs Enforcement (ICE).
New Jersey Department of Labor and Workforce Development (NJDOL).
New Jersey Office of the Attorney General (NJAG).
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).
All other New Jersey state and local agencies.
Any other potentially-relevant government agency or 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