UPDATE: Boardwalk Says Offer Still on Table Despite DCA Letter
Boardwalk still offering $800,000 over five years, despite state saying proposed bar ordinance "appears to be unlawful"
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A Boardwalk offer to pay $800,000 over five years is "still on the table," despite that the state says a related town proposal "appears to be unlawful."
Marilou Halvorsen, Director of Marketing for Jenkinson's Boardwalk, said late Tuesday afternoon that Jenkinson's and Martell's are still jointly offering the payment, despite that the state Department of Community Affairs is questioning the legality of a proposed ordinance that would compel bars to pay fees to stay open past midnight (see related story posted on top of home page).
"But if they pass a 12 o'clock bar closing, I'm sure it won't be," Halvorsen said.
"But our offer is still on the table because it's in everyone's best interest to come up with a resolution," she said.
Now it remains to be seen if a majority of the mayor and council decide tonight whether to accept the proposal, even as boardwalk businesses sue the town for the recently adopted parking plan.
"It appears to be unlawful" for Point Beach to impose extra fees on bars to stay open past midnight, according to a letter from the state Department of Community Affairs (DCA) to Mayor Vincent Barrella.
The letter (see first attached PDF), dated Monday, comes as the Point Beach Mayor and Borough Council are poised to vote tonight on two ordinances: one to mandate that bars close at midnight and the other offering bars an option to pay a $60 per person fee, multiplied by the maximum occupancy, per year.
The meeting is scheduled for 7 p.m. at Borough Hall on New Jersey Avenue.
Barrella and the three councilmembers who have supported the ordinances have said the fees are being offered as an option to stay open past midnight, rather than the town mandating payment.
However, the letter from DCA Acting Commissioner Richard E. Constable III to Barrella does not draw a distinction between fees, related to the serving of alcohol, offered as an option, and those types of fees that are mandated as part of liquor license renewal fees.
The letter says the fees called for in the second ordinance would increase the liquor license renewal fees beyond the amount allowed by state law.
Constable acknowledges that municipalities are permitted to set the hours of operation for bars, but says that state law caps the amount of the liquor license renewal fees to $2,500 for retail consumption licenses and $188 for club licenses.
Regarding the retail licenses, "no ordinance shall be enacted which shall raise or lower fees to be charged for this license by more than 20 percent from that charged in the preceding license year of $500, whichever is lesser," Constable says in his letter.
"The conjunctive nature of the ordinances suggest that the Borough is looking to use its power to regulate closing times as a means to increase liquor license fees more than 10 times what would be permitted" under state statute, the letter continues.
"The Borough appears to be undertaking an unlawful effort to institute a fee that it has no power to institute," the letter states.
He goes on to remind the mayor that the DCA's Division of Local Government Services approves municipal budgets and notes that the town has already adopted its budget.
"If the Borough intends to includes these proposed fees in the 2013 budget, the Borough will need to share its legal theories as to why such a fee increase is lawful," Constable concludes. The letter is cc'd to Thomas H. Neff of the Division of Local Government Services.
The letter opens by saying that Constable is writing to Barrella in response to Barrella's questions, in a May 11 letter (see second attachment), about why the Division was questioning if the ordinance regarding fees was lawful.
Barrella said he will reserve any comments until tonight's meeting.
When asked about Constable's letter, Councilmember Bret Gordon said, "It's just one person's opinion."
Gordon said he has been in favor of both bar ordinances and viewed the one regarding fees as "a compromise."
"It's a measure to offset the high cost of policing the bars and for them to stay open until 2 a.m.," Gordon said.
Municipal Attorney Sean Gertner said that he is not commenting on Constable's letter at least until after discussing it with the mayor and council.
The concept of the fees viewed as an extension of liquor license renewal fees was expressed about a month ago by John Livelli, an attorney for Jenkinson's and Martell's, which have strongly opposed the ordinances.
In a letter, Livelli had said that the Division of Alcoholic Beverage Control (ABC) of the state Department of Law and Public Safety will not allow Point Beach to impose fees to serve beyond midnight because bars in town already pay the maximum fee of $2,500 allowed by ABC regulations for their liquor licenses.
Zachariah Hosseini, a spokesperson for ABC, said in a telephone interview with Patch at the time that municipalities have the right to regulate hours of operation and the serving of alcohol of establishments that have liquor licenses.
Regarding whether bars in town already pay the "maximum" fee for licenses, Hosseini said, "We don't regulate the market for liquor licenses. That's regulated by the town."
Regarding Livelli's assertion that ABC will not allow Point Beach to mandate that bars stop serving at midnight or pay a fee, Hosseini said, "We can't comment on the validity of that argument until it gets to the point that the town or the bars write to us asking for information or an opinion or it gets litigated."
The ABC would be the venue for such litigation, he added. He did not say the DCA would play a role in determining whether the municipality might be exceeding the maximum liquor license renewal fees by offering the fees as an option to stay open past midnight.
"Right now, this is still a local issue," Hosseini said. "This is not our business yet."
Many in Point Beach, when they hear about the DCA's involvement, will think back to the end of March when Gov. Christie was asked about the ongoing bar issues in the town while the governor was at a Town Hall meeting in Manchester. When Point Beach resident Marilyn Burke asked Christie about it, he said he would ask the DCA to review the matter.
Following that, Barrella said at a council meeting that after hearing about the governor's comment he called the DCA and he got the impression that officials there were going to let the municipal officials handle the issue as their own local matter.
Patch will update this story as more information becomes available.
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SoylentGreen
11:18 am on Tuesday, May 15, 2012
Boom!
Da Poppa
11:26 am on Tuesday, May 15, 2012
What, you mean a government body, like say a town council, can't shakedown a business for extra cash, or they'll be put out of business? I'm shocked! And I also found out the other day that the county won't let a local government body change parking regulations on county roads ... What's this world coming to when a bunch of two bit knuckleheads on a town council can't run roughshod over local businesses and tourists ...
Wholovestheboardwalk
11:34 am on Tuesday, May 15, 2012
It is about time that someone with some common sense has looked at what this governing body has been trying to do to this town. Thank you Governor Christie!!!
Spooner
11:58 am on Tuesday, May 15, 2012
...meanwhile on the Boro Council agenda tonight...and probably in the Beach. .is a resolution most likely pushed by the NJLM opposing the recently introduced bill(S1914) by Senate Democratic President Steve Sweeney, putting the kibosh on any town imposed fees. . . and according to this weeks Ocean Star, the Mayor and his Council supporters are not only getting hit by DCA, but also the county is attacking their parking plan. . .
http://info.animallovertoo.com/2012/CouncilAgendaPacket5152012.pdf
http://www.njslom.org/letters/2012-0508-S1914.html
http://starnewsgroup.com/weekly/2012/05.11.12/county__no_p_05.11.12_67158.html?featured=*
Part Timer
12:22 pm on Tuesday, May 15, 2012
The county wanting to keep there roads open is fine with me, now we have a good mix for the parking plan. County roads for the bar crowd and town roads for the residents.
Win Win for everyone...
Part Timer
12:10 pm on Tuesday, May 15, 2012
Don't be so happy, the mayor knew what he was doing when they split the original ordinance into two parts knowing the state will reject the ordinance for extra fee's. Now he will move forward with the 12:00 close which I am in favor of.
Spooner
12:18 pm on Tuesday, May 15, 2012
Part Timer: that presents another problem. . .I don't think you could only have "cherry picked" bars that close at 12:00 AM. . .also that could effect the $800K negotiated agreement that was reported by the Ocean Star?
Beach_N8iv
1:28 pm on Tuesday, May 15, 2012
Let's make Point Beach a ghost town instead of a host town to make the BENNY-come-lately crowd happy. I would like to see a court action by the residents of the ignored districts to either expand the parking scam, er, um, SCHEME, I meant to say scheme to the entire town or throw it out as the REGISTERED VOTERS told them to.
whatdontyouget
8:19 pm on Thursday, May 17, 2012
Beach_N8iv, What do you mean by a BENNY-come-lately crowd happy? There is a heck of a lot of residents that are originally from here or have been here for years that actually think these are great ideas. Don't blame the newbies if that is what you are trying to say... That is a down right lie. Maybe that is what you think, that is not true. The difference is most of the newbies are not hiding their views like the residents that are originally from here.
Part Timer
12:30 pm on Tuesday, May 15, 2012
I find it hard to believe that they would cough over 800k a year... do you...
HW
12:42 pm on Tuesday, May 15, 2012
It was 160,000 per year for 5 years
JD
12:55 pm on Tuesday, May 15, 2012
I have been saying for sometime that PPB cannot impose fees to stay open later... that it would be an easy lawsuit for Jenks and Martells....
The ONLY thing PPB can do is have ALL bars and restaurants close at midnight... that would be enforceable...
Stupid mayor and township attorney.
JD
12:59 pm on Tuesday, May 15, 2012
It has to be ALL bars.... can't pick and choose bars with different closing times otherwise not enforceable.
pd
1:43 pm on Tuesday, May 15, 2012
This is dead in the water. I would really be surprised if the township goes through with an outright 12:00am closing time for all bars in town. If you think the summer renters are rowdy now, wait until they all have to leave the bars at midnight for an epic house party.
Marlene Blotto
1:48 pm on Tuesday, May 15, 2012
Is it true that the town attorney grew up and was educated in Lakewood schools ?
whatdontyouget
8:12 pm on Thursday, May 17, 2012
Marlene Blotto... You are something else.. A real piece of I can't say. What are you trying to say? Everyone in Lakewood schools are not what? Get a life.. Everyone knows you are a real nasty boy!
Nick Carraway
1:22 pm on Tuesday, May 15, 2012
It looks like the BW's attorney understands the law better than our borough attorney. What does he care, though? He makes money whenever the town gets sued. Here's an idea: Why not just put giant signs in front of the Exxon station that say "Tourists, go home! We don't want you!" All of this nonsense about trying to eliminate the bad behavior is just smoke and mirrors. There's a group in town that don't want the tourists, period, and since they're the group that got Barrella and crew elected, they're the ones who are calling all of the shots. (oh, except for after midnight, when no shots will be served at any of our local bars, regardless of how the patrons behave).
Stephen Schneider
1:25 pm on Tuesday, May 15, 2012
So, regarding the parking and bar closing ordinances, there have been the following objectors:
- Majority of residents of Point Pleasant Beach (please refer to Nov. vote)
- Majority of the business owners in Point Pleasant Beach
- The Ocean County Governing Body
- The State of New Jersey
As much as I enjoy a good detailed analysis and understanding of a situation, SNL has impacted me and all I personally can come up with is:
Really Mayor and Council? Really?
blindbert
2:44 pm on Tuesday, May 15, 2012
The vote in the affected (infected) districted was greatly approved the parking referendum.
In addition it was the BW that has changed their business model and has drastically increased the utilization of those operations.
Many years ( since the early 80's) of the govering body letting them get away with expansion of use has lead to this situation.
They BW wants their bar clients money but not the liabilty of parking them!
The bar goer's parking needs to be near the associated use so that they are not spilling into the residential areas late at night!
I can not enjoy the south east breeze in the summer because of the noise after midnight and have to run the AC.
Nick Carraway
4:28 pm on Tuesday, May 15, 2012
Blindbert, your reliance on that Referendum vote to justify this clear "Tourists go home" plan is truly flawed. First, how many "yes" votes in District 4 versus how many "no" votes? Second, how many voters, total, in District 4? Now, what's the percentage of people who voted for that Referendum question versus the number of registered voters? Let's do some more math, shall we? How many residences in District 4 as compared to the number of registered voters in District 4? You know, those folks who own homes in District 4 but don't live here, the folks that give us their tax dollars, like everybody else, and only ask that we pick up their garbage? Hmmmm....But, let's go one further. How many registered voters in Ocean County? You know, Ocean County taxpayers, whose tax dollars are used to maintain the County roads in District 4? Did those folks get to vote on the parking plan? As for the BW businesses, they tried to increase their parking a few years ago, and got shot down. They wanted to create a bunch of new parking lots, closer to the BW, which would've kept the bar crowd off of our streets. Sorry to hear that you can't enjoy the south east breeze in the summer after midnight. If that's your biggest problem in life, I'll trade with you.
DroppenLoads
2:56 pm on Tuesday, May 15, 2012
Thankfully, the ordinances were split in two. Credit to the mayor on that, so let the fee one dissolve and pass the 12AM. And no court fees to defend a lawsuit, thanks to the state. Win/Win!
Embarrassed by PPB Politicians
3:19 pm on Tuesday, May 15, 2012
Maybe you should read the Commissioner's letter. He says "The conjunctive nature of 2012-15(bar closings) and 2012-16(fees to stay open) suggests that the Borough is looking to use its power to regulate closing times as a means to increase . . .fees." Sounds like by trying to collect money through bar closings Borough made it look like any attempt to close bars is just about money. Also sounds like the Mayor and/or the Borough attorney, or more likely both, don't know anything about the law. Aren't these guys real lawyers?
Jane Reynolds
2:56 pm on Tuesday, May 15, 2012
Rip Tide
Embarrassed by PPB Politicians
3:06 pm on Tuesday, May 15, 2012
Barrella Tooker Corbally and Gordon are going to have to take the money now, aren’t they? And is anybody proud of the way these four behaved? Threatening ordinances they knew were illegal. Now the State and County has told everyone these ordinances aren’t legal. Serve them right if the State stepped in and told them they can't limit parking, can't close the bars, and can't take any money from the Boardwalk.
Part Timer
5:16 pm on Tuesday, May 15, 2012
But it is ok for the BW owners to offer a bribe in leiu of letting there patrons run wild in the streets.
Why won't they keep there own parking lot open, that still to me remains the biggest question...
Part Timer
5:22 pm on Tuesday, May 15, 2012
Check out the comments by Reid, Laurie and Mayer. The Three blind mice. Not one is concerned with a confidential document being released to the media before they received it
Da Poppa
7:59 pm on Tuesday, May 15, 2012
@Part Timer - the $800K was solicited from the bars by the council. It wasn't a bribe, it was extortion. And now the mayor and council got called on it. And do you really think the district 4 residents on the county roads are going to stand by idly and have "their roads" clogged by cars, traffic and parking while the rest of district 4 gets a bye? Not likely, because through all of this, if there is one thing district 4 residents have proven its that they're selfish, and work only in their own self interest, not the interest of the town residents or businesses. And now that the county and the state has stepped in, watch the district 4 cabal start to implode with backbiting and backstabbing.
Gregory Zyskowski
3:08 pm on Tuesday, May 15, 2012
Greg Z
Maybe PPB can put up some toll booths too!
Reminds me of Asbury Park in the late 70's same thing happened.
Asbury became a ghost town!! And look how long , to bring it back.
Last year my band played at Patio and 2 friends got parking tickets!
Welcome to Point Pleasant!! Not so "Pleasant"
DroppenLoads
8:29 pm on Tuesday, May 15, 2012
Asbury in the late 70's? Pretty much a ghetto. Pretty much still is, so you can't compare PPB and Asbury. As to the parking tickets- sober up and obey the law.
Cathy Kelly
10:08 pm on Tuesday, May 15, 2012
Da Poppa,if you are going to insult a couple hundred residents in district 4 by calling them selfish than you should at least have the class to use your own name.....you say district 4 residents work only in their own self interest while you hide behind an alias,,,now thats hypocrisy at its finest haha
definition of hypocrisy: The practice of claiming to have moral standards or beliefs to which one's own behavior does not conform;
JHill
3:21 pm on Tuesday, May 15, 2012
Thanks to Jersey Shore this place is in for a loud, rowdy summer! Enjoy!
JD
5:12 pm on Tuesday, May 15, 2012
Why did PPB Mayor Barrone comment to APP...
He was disappointed the letter from the State was "leaked" to the press!!!
It's public and open record... ya dummy....
Part Timer
5:17 pm on Tuesday, May 15, 2012
wrong mayor and wrong letter...
Spooner
5:33 pm on Tuesday, May 15, 2012
Nick: as was reported here, by I believe 'beenherebefore': the parking referendum vote in District 4 was 214 for and 200 opposed. Overall the referendum was defeated by the town's voters(795 to 728) last year. . .As for Corbally's possible other conflicts of interest: it was reported in Ocean Star when he ran in 2010, that he was also a partner in Shore Riders Bike Rentals?
http://pointpleasant.patch.com/articles/point-beach-non-binding-parking-referendum-fails
http://www.pointbeachdems.com/images/DemocratFlyer2Bio.pdf
Kyle
5:37 pm on Tuesday, May 15, 2012
Any person who is for any of this is a jerkoff....if the town is saying they don't want to pay for the police then make a law that requires the bars to hire police outside thier facility...just like construction company's have to do for road work...but that's not the case it's a bunch of money hungry politicians trying to make money on real estate an cant handle the environment on which they purchased their property knowing where they purchased it...if bars close at midnight two things are going to happen....first off poor business owners will be losing a lot of money because of fewer tourists which we all know point pleasant beach survives on...and two...mare house parties at 12 am till 2 am in residential areas instead of the boardwalk...ppb needs to grow up and allow tax payers to vote for this I'm sure it will be shot down
Terri Johns
8:00 pm on Tuesday, May 15, 2012
@ Stephen Schneider in regards to his post dated: 1:25 pm on Tuesday, May 15, 2012.
Didn't you used to be a bartender for years at Jenks and don't you have a close relative on the Point Beach Police Department? Just curious if this is this same Stephen Schneider.
Stephen Schneider
9:06 pm on Tuesday, May 15, 2012
Terri, yes, I was a bartender at Jenkinson’s and it enabled me pay for an engineering degree and an MBA and start my career, as many others employed at Jenks were doing. I also drove the Beach train for 6 years as a kid before that. I do not have close relatives on the Point Beach Police Department, but I did for many years. However, I do have teachers, firefighters, council people, first aid responders and the like in my family, as do many other residents of this town. I am also (and most importantly) a 5th generation PPB resident and home owner in district 4, leading me to state that I have three physical loves in this life: Family, Country and Town. Thank you for your interest, but I don’t think this article and related comments are about me though.
malibuman7879
10:06 pm on Tuesday, May 15, 2012
What everyone is not seeing is that the 12am closing can be beat if all the bars team up because there is no documented proof that the bars have broke the law in any way or that the people that got ticked by the cops where in those bars and therefore no reason to change the closing time “also people are responsible for their own actions”
whatdontyouget
6:18 pm on Thursday, May 17, 2012
I do agree with you that people are responsible for their own actions.. I could be mixed up with posts... I read a lot of post without responding most of the times. Did you ever post that bartenders are responsible by law for all the drunk drivers who get caught driving drunk? I don't agree to me it should always be the person who chooses to get in to the car and drive.
Spooner
10:57 pm on Tuesday, May 15, 2012
DaPoppa: for a change I agree with Ms Kelly...your not stating the facts(mis information) The Council did not make the $800K offer to the BW bars. Read the BW attorney letter on how the offer came about: under Jenkinsons photos at...
http://pointpleasant.patch.com/articles/gas-letter
Jane Fisher
9:04 am on Wednesday, May 16, 2012
How can town officials enact a law claiming to do so in the name of a better quality of life for residents by closing bars and then propose a law that would nulify that by letting bar owners PAY to circumvent the new law??? That insults the residents and the bar owners.