Red's Lobster Pot Asking for "Winery License" in Point Beach

Red's Lobster Pot on Inlet Drive in Point Beach is asking the town for a "winery license," which is a license to allow only New Jersey wineries to sell their own wine at the restaurant.

Samples and limited quantities of wine produced only at participating New Jersey wineries would be sold in a separate area of the restaurant, almost like at a small concession stand, if the measure is approved by the council and by the state Division of Alcohol and Beverage Control (ABC), said Mayor Vincent Barrella.

Red's, which was flooded in Superstorm Sandy and reopened on April 17, has not been able to obtain a traditional type of liquor or beer and wine license, but is now asking for a more limited type of license.

Council members agreed that more research is needed to get answers to questions, including whether council can reject the request or merely impose possible conditions. It appears ABC has the power to approve or reject an application, but rejection would likely only come if an applicant truly does not meet criteria, Gertner said.

Councilman William Mayer said, "We can sort of work around the edges, but if they meet the criteria, they'll be approved by ABC."

"Is there any precedence in ABC turning this down if a town turned it down?" asked Councilman Bret Gordon.

"I don't think so," said Municipal Attorney Sean Gertner.

Gordon, who did not seem to like the idea, said perhaps the council should try to set that type of precedent.

"Isn't this unfair to other places that have already paid for a license?" Gordon asked.

Mayor Vincent Barrella said that may be true, but this type of license is permitted by state law that was crafted to help bolster business for New Jersey wineries.

Councilman Stephen Reid asked if a municipality can have more than one winery license and it was agreed that question would be among those researched.

Gertner, Barrella and Councilman William Mayer will work as a committee to research the applicable state statute and ABC regulations. Gertner said Red's would still be a BYOB restaurant even if they had a winery license, which is limited.

Kitty Stillufsen, who works at Red's, owned by her parents, "Red" and Louise Stillufsen, said recently that the restaurant had been put on the market before Superstorm Sandy struck, and is now up for sale again.