Mayor David A. Patriarca and Township Council President Diane P. Stinney today announced that the Township Council approved a settlement agreement with Fingal Corp. t/a Cheeks that calls for Cheeks to close its go-go bar establishment (featuring partially clothed dancers) by the end of August.
“This is another positive step toward cleaning up Pemberton Township,” said Mayor Patriarca after the resolution approving the settlement was adopted by Township Council. “Cheeks has been a great nuisance to law enforcement over the years and is not the type of business that Pemberton Township needs or wants. Go-go bar establishments have a negative impact on the quality of life for residents and are a drain on limited law enforcement and code enforcement resources,” added Mayor Patriarca, a retired police detective.
On July 21, 2006, Fingal Corp. filed litigation against Pemberton Township relating to restrictions that were placed on Fingal’s use of the property. Shortly thereafter, the Township filed a counterclaim against Fingal seeking certain relief regarding Fingal’s use of the property located at 159 South Pemberton Road.
On March 22, 2007. an indictment was returned against Fingal president and majority shareholder, Linda Dilullo, on criminal charges of (i.) possession of a controlled dangerous substance with intent to distribute and (ii) possession of a controlled dangerous substance.
On April 29, 2008, the Fingal lawsuit was dismissed by then Assignment Judge, John A. Sweeney, because Fingal had failed to prosecute its civil complaint against the Township.
In early 2009, Dilullo entered into plea negotiations with the Burlington County Prosecutor’s Office to attempt to resolve the criminal charges. Dilullo pled guilty on February 9, 2009 to certain of the drug possession charges.
As part of the plea negotiations Dilullo and Fingal agreed to certain restrictions concerning the future use of the Cheeks property. First, Fingal agreed to stop operating a go-go bar on the property no later than August 31, 2009 and further agreed that it will not operate on the property in perpetuity a sexually-oriented business or any type of establishment featuring erotic entertainment. Second, Fingal will cease using the name “Cheeks” in connection with any business on the property no later than August 31, 2009. Third, all of the owners of the property agreed to execute and record with the Burlington County Clerk’s Office a restrictive covenant prohibiting use of the property as a sexually-oriented business or any type of establishment featuring erotic entertainment. Fourth, the restrictive covenant will be included as a condition to any liquor license granted to any person or entity operating a business at the property in the future.
Council President Diane P. Stinney joined her Township Council colleagues in supporting the settlement agreement and commented, “I know that virtually all residents of our community will view this settlement agreement as a win-win for Pemberton Township. Cheeks, and other establishments like Cheeks, do not represent the type of business we want to thrive in Pemberton. We can do better than go-go bars. Our residents deserve better.”
