Rt. 35 club's liquor license is suspended Charges stem from events at Colosseum, now Club 35 BY MICHAEL ACKER Staff Writer ASayreville nightclub that was the scene of several violent incidents last year was given a 60-day suspension of its liquor license during a hearing Monday. MICHAEL ACKER The former Colosseum nightclub is now an all-nude juice bar on Routes 9 and 35 called Club 35. The property was the site of several violent incidents since 2006, including shootings and large brawls; however, the attorney for the license holder noted that there have not been serious incidents reported there since Club 35 opened in recent months. The suspension pertaining to the Colosseum nightclub, Route 35, comes as part of a settlement reached between the borough's prosecutor and police chief, and the nightclub's attorney. Borough officials expressed dissatisfaction with the penalty, but approved the settlement in the interest of keeping legal costs down and ensuring that the club is penalized in a form that will not be appealed to the state Division of Alcoholic Beverage Control (ABC). Borough Attorney Brian Hak told Greater Media Newspapers that while the ABC may approve of a stiffer penalty for the Colosseum, the municipality ultimately agreed to this settlement in order to avoid what could be a lengthy and expensive legal process. He said the borough would have risked spending more money and having a less severe penalty issued to the license holder if it did not settle for the 60-day suspension. The nightclub, which has since changed its format and renamed itself Club 35, had charges filed against it last year after an unknown suspect reportedly fired a gun at an unoccupied car in the parking lot in May. In August, two people were injured in fights, and a group of men used baseball bats to smash the club's front doors and destroy the canopy, according to borough reports. The mayor and Borough Council told the Colosseum owner, Stock Enterprises Inc., onMonday that they will not tolerate such incidents occurring at the venue again. Municipal Prosecutor Robert Blanda said that he and borough police officials recommend resolving the matter by having the business close for 60 days. The suspension would take effect after the business operates for 30 days as an establishment that sells alcohol. The business owner has already ceased selling liquor, since he started Club 35, a strip club that does not sell alcohol. Patrons are permitted to bring their own alcoholic beverages to the club. The club owner pleaded "nonvult" to one of the six charges against it as part of the settlement. The charge was for allowing, permitting or suffering the licensed place of business to be conducted in such a manner as to become a nuisance, requiring police intervention and adversely affecting the public safety and the rights of the public. Blanda said the governing body could suspend the business for more than 60 days, but the matter could be appealed to the ABC. He added that the borough runs the risk of having the penalty reduced to fewer than 60 days if the matter is appealed. Mayor Kennedy O'Brien said the borough should give the maximum penalty possible, since he said the license holders of the Colosseum failed to demonstrate that they could operate the business in the best interest of the borough. He said the business endangered its neighbors, patrons, passersby and responding police officers. O'Brien directed words of caution to the license holders, who were in attendance at Monday's hearing. He said that he and the council do not look favorably towards irresponsible liquor license holders, and he promised that there would be additional conditions when the time comes to renew the license. "It is our wish that you sell the license," O'Brien said, "and if it were in [our] purview to take the license away from you, [we] would." Gregory W. Vella, an attorney with Collins, Vella & Casello, responded on behalf of the club, saying that the business came to the hearing to settle with the borough and not to have "a battle of words." He added that a difference of opinion exists as to whether the license holder intentionally or unintentionally let conditions at the club deteriorate to the point where violent incidents occurred. Borough Council President Dennis Grobelny also warned the license holders that if any incidents occur at the nightclub that pose a threat to public safety, officials plan to respond sternly. "I don't think that any of the council [members] or the mayor is happy with the outcome," Grobelny said. "We think it should be much more severe." Police Chief Edward Szkodny told Greater Media Newspapers that the prosecutor and the police department considered past experience with the appeals process at the state ABC in their recommendation to the governing body. He added there were cases where the ABC considered penalties that municipalities enforced on license holders as excessive. Szkodny said the incidents involving gunshots and large brawls are of particular concern to officials, since they pose a risk to public safety. He added that the 60- day suspension would be enforced once the license is activated again, even if the current license holder sells the license. "Any type of gunfire, violence or brawls that involved serious injury or the potential for serious injury, we take it very seriously," Szkodny said. …" When you have loose gunfire going around and 150 patrons brawling, the potential for someone being hurt is seriously great." The Colosseum was also the scene of a shooting in 2006, when a Shrewsbury man suffered a gunshot wound to the stomach. Later that year, a fracas was reported to involve approximately 80 people. In February 2007, police arrested a man who allegedly assaulted two bouncers in the nightclub's parking lot. Vella told Greater Media Newspapers that his client has no intention of activating the liquor license, since he currently operates Club 35, an all-nude juice bar on the site. He added that there is no time constraint on the license holder to change the business and no problems have been reported at the club for many months. Vella responded to O'Brien's comments about the way that his client operated the Colosseum. He added that there were only a few incidents at the club and that they were isolated, irregular occurrences. "Those are his opinions, but we are going to continue to operate the business that we have and we are not going to be forced to sell based on the opinions of the mayor," Vella said. "There have not been any problems at our clubs for many months."