State ABC director to decide nightclub's fate
Studio 9 was the location of two riots, violations, late last month
BY KATHY CHANG Staff Writer

WOODBRIDGE - The state director of the Alcoholic Beverage Control board, Jerry Fisher, will decide whether or not to allow the owners of the Studio 9 restaurant and cocktail lounge on King Georges Road to continue to operate.

Middlesex County Superior Court Judge Alexander P. Waugh Jr., sitting in New Brunswick, stated at a hearing Aug. 31 that the decision rests with the state director of the ABC board, with the provision that if the township of Woodbridge would be grieved in any way by the director's decision, there would be a 48-hour court window for township officials, if needed.

The hearing stemmed from the township's petition filed on Aug. 27 seeking the immediate and permanent closure of Studio 9 after two incidents of rioting on Aug. 24 and Aug. 26. The petition charges that Studio 9 has a history of prior violations of state and township ABC ordinances and regulations and that continued operation of the nightclub poses a threat to the public safety.

Additionally, the petition alleges that the owners and operators of the facility have continually disregarded township ordinances, regulations and building codes and that the facility does not comply with approved plans.

"This [the judge's provision] will give us time to make whatever arguments we need to if the state director rules in favor of allowing Studio 9 to open," said Township Municipal Clerk John Mitch. "There is no indication on when the state director would hear the case."

Mitch said township officials sent a letter to the state director on Aug. 29 requesting to have a chance to be heard on appeal if the director made the decision to grant the reopening of Studio 9.

Attorneys Jack Vassallo and Samuel "Skip" Reale Jr. representing the owner of Studio 9, George Forakis of Ariston Enterprises Inc., appealed the Township Council's decision to deny the renewal of Studio 9's liquor license on Aug. 30. The Township Council denied the liquor license renewal at a hearing on Aug. 28, it serves as the Alcoholic Beverage Control (ABC) governing board.

Township officials said Studio 9 would remain closed pending compliance of numerous health code violations uncovered by Township Health Department inspectors.

Mayor John E. McCormac said health inspectors from the Township Health and Human Services conducted an extensive health and sanitation inspection of the Studio 9 facility.

The inspection, which was based on police department observations concerning the interior condition[s] of the facility after the two riot incidents, allegedly uncovered unsanitary conditions including accumulated trash, broken glass, debris and litter inside and outside the building, unsanitary conditions in public rest room areas, the improper storage of perishable beverages and related health code violations, officials said.

The defense attorneys for Forakis said they were not aware of any health code violations.

"The facility must correct the violations and obtain a satisfactory re-inspection prior to any future public accommodation," Mc- Cormac said.

Since Sept. 21, 2006, the township has filed notices of violations against Studio 9 charging that the continued use of the building as a nonpermitted, nonapproved nightclub is a violation of the Planning Board's site plan approval. The Building and Construction Department has issued stop work notices and levied fines in excess of $354,000 for failure to comply with township regulations and ordinances.

For the past 14 months, Studio 9 has been operating with a state-issued ad-interim permit.

The Township Council did not renew Studio 9's liquor license on June 30, 2006, due to the lack of a state tax clearance. As of Aug. 7, Studio 9 had paid all the state taxes.

The council decided to renew Studio 9's 2006-07 liquor license, but denied their 2007-08 license at the hearing on Aug. 28.

Township Council members said they did believe that Forakis was sincere in trying to rectify the situations; however, they said public safety was the primary issue and they had given Forakis too many chances to change.

Disturbances erupted outside Studio 9 at 1:25 a.m. on Aug. 24 and the early morning hours of Aug. 26. The township police department needed the help of seven neighboring police departments - Carteret, Edison, Metuchen, Old Bridge, Perth Amboy, Sayreville and South Amboy - to quell the riots. Both nights, the club was closed by 3 a.m.

"We had last call at 2 a.m., and by 2:20 a.m. we would bring up the lights," said Forakis. "We would have the place cleared out by 3 a.m. and cars from the parking lot by 3:15 a.m."

Forakis said the Aug 24th event was a college night and the Aug. 26th event was a themed summer filler night called Grown and Sexy.

"This was the first time I held a college night. It is not my style," said Forakis at Studio 9's liquor license hearing. Forakis said he promised not to hold a college night or hold the summer filler night again.

Forakis, who said he has done everything that was asked of him by police, said that if he had known what was going to happen, he wouldn't have held the two events.

"I would have needed my head examined if I knew what was going to happen and I still held the events, especially the second night, which I have held previously without any incidents, when I knew eyes [police department] were watching me," he said.

Forakis said there were approximately 45 to 50 security personnel at Studio 9 during the riot incident on Aug. 24. Police recognized that the security personnel were doing all they could to quell the large crowd of approximately 1,000 people. Studio 9 has the capacity for 1,568 patrons.

"In my opinion, they should have had double the security," said Police Officer James Distlecamp, who was present at both incidents.

Forakis told the board his intent is to sell his place, which he acquired in December 2004.

"In the meantime, I have to pay my debt and taxes," he said. "This is not a joy ride for me. I'm getting too old for this."

Forakis suggested that he would maybe try a dinner and show twice a week and change the music.

The lounge offers mattresses for patrons to sit on with curtains around it.

"This is nothing X-rated, it's what they do down in the Miami nightclubs," said Forakis, who said it gives patrons more privacy.

Council members said they were concerned about the mattresses with the curtains, since a bottle of alcohol could be served to the patrons on the mattresses and not all of the patrons could be watched.

Township officials said they have filed several charges, which stemmed from six incidents - Oct. 28, 2006, and this year on Jan. 20, Jan. 27, March 17, May 29 and June 16 - against Studio 9.

Mitch said that on five of the dates, charges of disturbances with immoral conduct and nuisances were filed, and on the last date, charges of serving underage and intoxicated patrons were filed.

There will be more charges filed due to the last two incidences, according to township officials.

The charges are scheduled to be heard before the Township Council on Sept. 25 in council chambers.