Council: More Violations Means Restaurant License Suspended

Responding to recent violations of the liquor license, the township council approved the renewal of the license for the Monday with the warning that infractions in the future could result in a loss of that license.

“I want to give the benefit of the doubt, but if in the next year we get validated reports of violations, come next year, I personally will not look on this business too kindly,” said council president Howard Norgalis. “I don’t want to keep a successful business from operating, but for every police officer that has to come out for a violation, it doesn’t reflect well on the township.”

The  after the last meeting because a few residents came before the council to complain about noise violations and the fact that there has been amplified music outside the restaurant, which is prohibited in the restaurant’s license.

The restaurant had earlier gone before the council to request a change to its license to have outdoor music on the patio so long as it was not amplified. The music would be acoustic guitars only and vocals without any amplification.

The council approved the change, but a violation was reported soon after.

“We were very clear that we don’t want an undo burden from the establishment, and it was made clear that there would be no amplification,” councilman Matthew Moench said. “There were so many concerns, then we’re finding out two weeks later that there has been some non-compliance when we had been crystal clear.”

As approved in the resolution, there will be no live music inside on Sunday, Monday and Tuesday, and it will end at 11 p.m. Wednesday and Thursday, and at 1 a.m. Saturday and 1 a.m. Sunday.

In addition, all exits must be closed while music is playing, and the occupancy of the patio and terrace has to be restricted to 150 people after 1 a.m. on all days.

The council made a small amendment to the resolution to determine that a violation of most of the terms of the resolution, rather than just a few as had been outlined before, will result in a suspension of the liquor license.

Green Knoll Grille owner Joe DiChiara said there had been a lack of communication between himself and his manager. He said he had told the manager specifically that no amplification would be allowed.

“When I came in at night and heard the amplification, my manager said they decided to do it with the vocals,” he said. “I told him to stop, but it was already too late.”

Chris Poulson, director of health and human services, said boundaries will be set for these kinds of circumstances.

“You’re staff will understand that violations mean closing,” he said.

Poulson said he went out to the site at around 12:45 a.m. on a Sunday to check out the noise complaints that had been filed with the police department. When he was behind the residential units across the street from the restaurant, he said, he noticed no live music inside or outside.

“What was audible from the residential units were the voices of the patrons at the tiki bar,” he said. “But that was unenforceable even under local and state noise ordinances.”

In addition, Poulson said, he could hear the transfer of glass containers from small holding containers to recycling receptacles—the restaurant’s license requires that this transfer not be made between 10 p.m. and 10 a.m.

Poulson said he could also hear the stereo outside at the tiki bar, but the music was not amplified.

“I was there at 1:40 a.m., and advised the manager of what I heard from the tiki bar,” he said. “The manager did note there was a transfer of some glass bottles from containers, and he informed me there was a stereo at the tiki bar, but he monitors the sound level of the system.”

John Sullivan, the attorney representing the restaurant, said the findings were not inconsistent with what they themselves have found with regard to the restaurant. And when the restaurant management came before the council to discuss music on the patio, they knew at the time that there were no complaints.

“In 2004, we retained a consultant with regard to noises, and measurements were taken,” he said. “We found we were not exceeding noise levels and I think that’s still true today.”

“I have discussed this with Mr. DiChiara, and we feel he has done his best to work with the township throughout the years, and he will continue to do that,” he added.

But because of the issues with the outdoor music, Sullivan said, the restaurant has determined that it will voluntarily cease the outdoor performances, while still keeping the stereo outside.

“We don’t want to provide any area for dispute,” he said.

And as for the bottle transfers, Sullivan said, more care will be taken in the future to ensure that it is not done after the specified time of night.

“All in all, there has been a substantial compliance with the resolution, but it never hurts to have a refresher here in case of any unintentional violations,” he said. “With that said, we will continue to comply.”

But the biggest concern for the township was the fact that there have been complaints lately about the noise and other issues ever since the last time the restaurant came before the council.

“The concern is that the last time you were here, I trusted you that there was not going to be loud noise,” Poulson said. “Where is the discipline between what was said in the room and what was going on in the restaurant?”

DiChiara said there was specifically a lack of communication between himself and the manager, and that he would make sure to be more clear in the future.

“So if we approve the license, we’re going to set boundaries,” Poulson said.

And council member Allen Kurdyla said he doesn’t understand why there is such an issue now.

“I assume the manager has worked there a while, so why are things like this debatable issues?” he asked. “Just follow the rules.”