After months of pending litigation, Rafael Perez stood dumbfounded in the court chambers of City Hall on Jan. 18 as the Board of Commissioners passed a decision to revoke the liquor license of his establishment. Perez, who had been the proprietor of the nightclub Studio 45 at 4528 Bergenline Ave. for nearly 20 years, represented himself in absence of his attorney at the hearing. He was charged with violating his liquor license, serving alcohol to minors, and having another person run his establishment without the proper person-to-person transfer of ownership. The hearing had been postponed several times due to scheduling conflicts. In an opening statement to the commissioners, the city’s prosecuting attorney, Greg Farmer, adamantly stated that the case concerning Studio 45 should be reviewed, despite the absence of Perez’s lawyer. A hearing on the violations took nearly 45 minutes, with a closed 10-minute session by the commissioners to evaluate the circumstances. Perez listened attentively as the testimony was translated to him in Spanish, and his counterpart, Eduardo Gonzalez, whom officials said had actually been running Studio 45 over the last year, sat in the back of the room with his wife and attorney. Checking up Three Union City police detectives testified that they went to the establishment on several occasions between Oct. 25 and Nov. 5 1999 to check on the premises for various reasons. According to Detective Carlos Maitin, he had passed Studio 45 on Nov. 5 and had seen that it was closed. He checked to see if the defendant had the paperwork to reopen. [The ABC board had temporarily suspended their license for 30 days in Oct. 1999 due to a license violation]. Maitin stated that Gonzalez spoke to him and was disturbed that he was being questioned. Maitin said it appeared that Gonzalez, not Perez, owned the nightclub. Captain Brian Barrett, night commander of the Detective Bureau, testified about underage drinking. “Over the past year I have on occasion had to go to Studio 45 about six times,” Barrett told the commissioners. “On one separate incident, I happen to witness a young girl going into the club and she looked underage. Upon observing further, a few other young females entered the tavern. We later went in and found that the six individuals who were underage were consuming alcohol.” As Farmer continued cross-examining the witnesses, Perez struggled to understand the many facts being thrown at him. While the commissioners recessed in closed session, Perez said that this had been the most difficult time he has had to face. “I feel a lot of pressure,” Perez said in Spanish. “In nearly 18 years since I’ve been in business, I have never had a problem with my license. Maybe two or three-day suspensions that happened twice, but if you see my record, it is good. This all happened because [Gonzalez] decided to sign the license before we were able to do a proper person-to-person transfer. I am still owner of this place and I’ve tried to do the right thing. Now it might not be enough.” Gonzalez left in the middle of the hearing with his wife and attorney. His wife offered no comment when they were approached, but his attorney, Vincent LaPaglia, said that the case had become a farce they refused to partake in. “We will not conduct this matter in court when Perez doesn’t even have his attorney present,” said LaPaglia. “I find it absurd that Mr. Farmer would even push the issue of this case without having proper representation for Mr. Perez present. At this point, we have no further comment and we will wait for the outcome from what the board decides.” In a 4-1 vote, the board revoked the Perez’s license, sealing the club’s fate.
Nightclub closed for violations
