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Monday, February 3, 2025

Buy Rite franchise settles with NJ over license violations

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Governor Phil Murphy | Official Website of Phil Murphy

Governor Phil Murphy | Official Website of Phil Murphy

The Division of Alcoholic Beverage Control has concluded an investigation involving six licensees linked to the Buy Rite liquor franchise. The settlement addresses violations related to the legal limit on plenary retail licenses held by individuals.

The involved parties have changed their pleas from not guilty to no contest, acknowledging substantial undisclosed interests that contravened New Jersey's two-license limitation under Title 33 of the Alcoholic Beverage Control Act. This law mandates transparency and approval for all interests in a liquor license to prevent illegal activities and ensure fairness within the state's alcoholic beverage industry.

The corporate entities agreed to pay $1.2 million in penalties instead of facing suspensions ranging from 150 to 210 days for their licenses.

Attorney General Platkin emphasized, "Holding a liquor license carries certain requirements in exchange for the business of selling alcohol. Being truthful about who has a direct or indirect interest in the license is one of those requirements." He added that regulations are designed to prevent monopolistic practices and maintain accountability.

Kirstin L. Krueger, Interim Director of the Division, stated, "Fair trade practices are key to ensuring a stable, proper, and lawful alcohol industry in New Jersey," noting that while pleased with the settlement, such business practices will not be tolerated.

The undisclosed interests were identified through Bathena Holding Company, LLC's management of six licensed establishments. An investigation revealed three individuals had acquired impermissible interests beyond two licenses through this company's operations and financial entanglements.

License numbers affected include:

- Arjun Bathena: Hamilton Super Buy Rite (1103-32-008-005) and BuyRite of Hopewell (1106-44-001-004)

- Adythia Bathena: BuyRite in Jersey City (0906-44-375-005) and Holmdel Buy Rite (1318-44-002-006)

- Vimalakar Bathena: Yardville Buy Rite (1103-32-011-009) and Cranbury Buy Rite (1202-32-001-011)

Vimalakar Bathena agreed to sell his interests in two licenses as part of the Consent Order. These sales must occur via person-to-person transfer without altering corporate structures. Additionally, Vimalakar Bathena and Bathena Holding are barred from managing any other liquor licenses without disclosed direct interest.

Despite these restrictions, existing franchise agreements allow continued use of the Buy Rite name by remaining retail licensees.

Union City Liquors LLC transferred its license during negotiations with the Division, resulting in case closure against this entity.

The enforcement action was led by Enforcement Bureau Chief Sheena Kelley and DAG Jessica Saxon. Investigators Anthony Bowen and Kaitlin Lupinacci conducted the investigation under Investigations Chief Kevin Barber's direction.

For further details on licensing requirements and procedures, contact the Division.

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