UPDATE: Boardwalk Confirms Turning Down 1 a.m. Bar Closing Offer

So state left to decide if midnight closing starts Sunday

Jenkinson's and Martell's are confirming they are turning down the town's "compromise" offer to stop serving alcohol at 1 a.m.

On Wednesday afternoon, the two largest businesses on the boardwalk released the following prepared statement (published here in its entirety):

“The payment of dollars has been inextricably linked to the hours of operation.  At each and every meeting with members of the governing body over the past five months, the demand has always been money for extended hours. 

The proposal last night was nothing more than an attempt by the mayor and the three members of council to posture a position concerning the hours of closing which has never been discussed previously. 

Jenkinson’s and Martell’s have diligently tried to resolve the issues. Numerous meetings over the past five months have proven futile. Talks have broken down. 

The Director of the ABC will render his decision by the close of business Friday.”

Marilou Halvorsen, Jenkinson's Director of Marketing, said they would not be commenting further beyond the statement.

Late Wednesday afternoon, Zach Hosseini, an ABC spokesman, said ABC had been notified that the boardwalk businesses had turned the 1 a.m. offer.

However, he said if there is to be no compromise, ABC Director Michael Halfacre will rule on the businesses' request for "a stay" on the ordinance mandating that bars throughout town stop serving alcohol by midnight.

If there is no stay, that ordinance goes into effect on Sunday.

Regardless of whether a stay is granted, a state administrative law judge will then conduct a hearing on the matter and rule whether the ordinance itself should be allowed to take effect, Hosseini said. That ruling would then be either approved or rejected by Halfacre, Hosseini said.

The businesses requested the stay so that they do not have to stop serving at midnight while waiting for a ruling on the ordinance itself.

On Tuesday night, during a break in the Point Beach Council meeting, Ed McGlynn, attorney for Jenkinson's, said he was not sure yet if the ordinance requiring bars throughout Point Beach to stop serving alcohol by midnight would mean that the bars would literally have to close their doors at that time.

He said past practice, as allowed by a council resolution from years ago, has been that Jenkinson's has been allowed to sell food and non-alcoholic beverages until 3 a.m. and then it closes. But he said he does not know if the bars would be able to, or would even choose to, continue serving food and non-alcoholic drinks past midnight, according to the new ordinance.

The ordinance says alcohol cannot be sold or consumed after midnight, but does not specifically say doors must close at midnight. When asked about that, Barrella said the ordinance doesn't mandate that doors close at midnight, but that bars may not find it economically feasible to staff their operations and keep doors open much past that time.

imposters abound June 29, 2012 at 06:09 AM
Oh forgive me...I just had to post one more vignette to close the evening: Imagine, by John Lennon ---- Imagine if there were no BW haters and there were no PPB racists ---- Imagine all the people...livin' for today...Imagine all the people livin' life in peace....You might say I'm a dreamer, but I'm not the only one...I hope some day you'll join us.. and the world will be as one......Imagine all the people...just sharin' the world as one....You may say I'm a dreamer, but I'm not the only one...I hope some day you'll join us... and the world will live as one....
imposters abound June 29, 2012 at 06:31 AM
PEOPLE of all shapes, sizes, and COLOR should be WELCOME to visit PPB, so long as they're well-behaved and respect our laws and our residents' property. Sing, Dance, Pray...Enjoy the Music...I'll be there: http://www.youtube.com/watch?feature=endscreen&NR=1&v=W-apaIOOoAo
PPBBusinessOwner June 29, 2012 at 07:07 AM
my prediction 2am closing and we will vote on it in November . it's a town issue and the whole town will vote on it. it impacts the whole town not just district four. not a leg to stand on. as a business owner in town ANY business being impacted like this is bad business. especially 2 business's that contribute to a lot of employment / tax dollars / and draws people to this own where these peopl spend $$$ at a lot of business's. pizza places / ice cream ahops / hair salons / you don't think this bad press would effect down towns business volume? let me tell you first hand. I personally will be personally walking business to business and ask each owner " do you want someone telling you when you have to close or where people can park or how much you can charge" the "PEOPLE" will speak. that you can bet on
Sam I Am June 29, 2012 at 09:39 AM
Ms. Kelly. No one has to threaten you with litigation. But do you think the BW lawyer will get a copy of what you have done? Probably best for you to lawyer up now. And don't worry, the residents will be provided with the rest of the story by making Gertner's e-mails public----but no laws will be broken when their released
Mr Happy's boss June 29, 2012 at 01:29 PM
Nick Carraway - here's an interesting thought. After reviewing "the chain " you can see ck omitted the Gertner portion but also interesting is that before she forwarded to her entire list she deleted who forwarded all of this legal and private information to her. It can only be one of two answers: Gertner himself or a member of the governing body. Hmmm. Interesting
A Resident June 29, 2012 at 01:36 PM
imposters abound....I know because there is someone posting under my username... A Resident....that is not me. Really not that interesting, just a simple fact.
A Resident June 29, 2012 at 01:43 PM
Nick Carraway.....great post.
Mr. Happy June 29, 2012 at 01:50 PM
The Supreme Court has affirmed the right of gov't to create legislation in upholding Obamacare. Hopefully, the ABC will follow suit and affirm the right of local gov't to create legislation. We should all be happy with the first statement and hope for the second. After all, it's the American way, is it not? Enjoy the weekend. God Bless America!!
Nick Carraway June 29, 2012 at 02:09 PM
Ms. Kelly, I am not threatening you with litigation. I have better things to do with my money, like pay my mortgage and utility bills. I also have no idea what you look like. Maybe you should circulate a photo of yourself through that e-mail chain or have Ms. DiStephan post one? What I can't believe, though, is how someone who says that she cares so much about the town, about the residents, and has expressed unhappiness about the way this whole situation has gone would be so irresponsible as to forward an e-mail like that. Why would you, Ms. Kelly, do anything, personally, to interfere, one way or another, with the litigation that is going on? Did it ever even cross your mind to say "Hmmmm...maybe I shouldn't send this out. Maybe I will be causing more trouble"? But, even if you didn't think it was a problem, didn't you read that e-mail and say "Hmmm, where's Gertner's e-mail? Should I really send this out without Gertner's e-mail? Is it right for me to only show one side?" What I think would be really interesting is if, as a result of your sending this e-mail, that Town had to sue you, for forwarding a confidential e-mail that's part of the litigation. See, I think that could happen, especially if what you did ends up hurting the town's position by showing that they act in bad faith. After all, we know it had to be one of the Barrella bloc members that sent you that e-mail. Gertner wouldn't do it. It would cost him his license.
Nick Carraway June 29, 2012 at 02:13 PM
You know, there are a lot of people who don't understand that e-mails can be doctored. They believe that everything they receive as a forward is an exact copy of what was written by the sender. But, people with good tech skills can do a lot to play with an e-mail and an e-mail chain. It's pretty clear to me that at least someone working on that chain has some good tech skills to have omitted Gertner's e-mail from the e-mails that were forwarded.
PPNB June 29, 2012 at 02:18 PM
Thank you, We shall see.
Madison June 29, 2012 at 02:27 PM
Mr. Happy: What? Health care and bar closing hours? You are joking, right? Why should the ABC look the other way when the governing body tries to impose taxes on businesses after the legislature tells them this power to tax is not a power given to them? The legislature created municipalities, right? The legislature decides what powers municipalities have, right? Or do you think it is Vince Barrella who decides what taxes a municipality imposes? If the ABC allows Barrella to threaten bars to close early unless they pay to stay open why can’t all Mayors do it to the bars in their towns? So the legislature says no local option taxes, but Mayors can threaten to close law abiding bars early to help pay for police? Don’t you think that until the legislature green lights this procedure the ABC has no choice but to say: “What you tried to do is beyond your powers.” I know, if they had just closed the bars there would have been no appeal. But, for whatever reason, and we all know what that reason is, Barrella Tooker Corbally and Gordon chose not to that. Now that power grab has come back to haunt them
International Tan June 29, 2012 at 02:27 PM
Do you honestly think this bad behavior will stop at midnight? There is no logic behind this law. Its stupid. Period.
Ray Criptkie June 29, 2012 at 03:43 PM
Why should they allow illeagal restrictions on their license? The other towns did their ordinance town wide, with no attempt at a shake down of specific bars! This is what makes your new law illegal, the shakedown part and the targeting of specific businesses. I cannot wait to vote your butt OUT Mike!
Ray Criptkie June 29, 2012 at 03:50 PM
They offered you $ for specials and you turned it down, that is a positive on their side and a huge negative on your side! And yes, when you cut the police budget, people got out of control, retore the police budget and Voila, you gain back control!
Ray Criptkie June 29, 2012 at 04:29 PM
All of the BYOB's in town recieved a letter from the town this last week stating that all customers in the BYOB establishments must be out at midnight or the owners would be arrested for disorderly conduct and would lose the ability to be a BYOB. This stupid ordinance effects way more than the boardwalk. Late night wedding in PPB? No, New Year's Eve celebrations? NO, did anybody actually use their brain when thinking up these ordinances?
Spooner June 29, 2012 at 04:30 PM
..did Ms Kelly leave town? Haven't seen a post by her since 'imposters abound' give us his musical repertoire. . .Ms Kelly you have NO reply?. . .Did somebody tell you to shut up or shut down! The dissemination of confidential emails especially from lawyers representing a litigate against the town. . .with you a resident and known Barrella supporter([the town] makes you and others that you sent those emails too who are residents and Barrella supporters, subject to possibly affecting the on going litigation. . .if it's determined that the Council leaked them - So haha to you. . .Right now there's no judge involved unfortunately to prosecute for contempt?
Spooner June 29, 2012 at 04:39 PM
Ray- I wouldn't expect Corbally to tell you...that would be beneath him, but Ordinance # 4-4.2 addresses New Years Day. . .stating that they can serve to 5:00 AM on January 1
Mike Corbally June 29, 2012 at 05:53 PM
That is even to crazy for the Patch. We would be disappointed if the Director effectively denied the will of the people. I would hope the bar owners worked to quell the incidents which take away from our residents' quality of life. I hope the Director supports our elected officials and the businesses drop their lawsuits and sit down and come up with some meaningful things they can do to help with the quality of life issues we face all summer long.
Denise Di Stephan (Editor) June 29, 2012 at 05:58 PM
Full Timer: So you posted a number of allegations about what an individual might be thinking and might do in the future, admitting that they are "unsubstantiated." If they are unsubstantiated, do not post them! That goes for all leaving comments.
Full Timer June 29, 2012 at 06:39 PM
Denise, have you read how many of the postings on here are exaggerated and unsubstantiated? I, at least acknowledged that fact and turned to Mike Corbally for some verification. Incidentally, the "source of the rumor comes from The Star Ledger at nj.com where the following post was made to Paul Munshine on June 27th, and I quote "Paul, the town should be ready for a fight worth having. There is no way the ABC can order PPB to allow the bars to remain open until 2 a.m. If I truly wanted to keep the bars closed, I would simply ignore the ABC under such circumstances and send my officers in to close or arrest the bar personnel after 12 midnight." please feel free to verify. Evidently the Star Ledger may also have its share of "unsubstantiated" material. I do respect your desire to maintain the integrity of the "Patch". Thanks.
Better Living June 29, 2012 at 08:19 PM
Anyone hear about the ABC's ruling?
Full Timer June 29, 2012 at 08:23 PM
I'm sure we will hear shortly since they said they would have the decision by the close of business today.
blindbert June 29, 2012 at 09:39 PM
I would IMAGINE that the BW found out the desicion was not going their way and are now negotiating hard!
blindbert June 29, 2012 at 09:42 PM
sorry for the typo! You know it is funny that the councilman states something about the BW clientele base. Then the BW patchers throw down the race card???
blindbert June 29, 2012 at 09:43 PM
talk about whining sqeaky wheels???
Seeing Red June 29, 2012 at 10:50 PM
I don't find racism funny. Read the Councilman's comments---he says all you have to do is walk the boards and look at the people---that, my friend, is the type of stereotyping on appearance which we call "racial profiling"
BW Secrets June 29, 2012 at 10:54 PM
Yes, I do... might have to lay some town, police workers and BW employees off.
Seeing Red June 29, 2012 at 11:09 PM
Stay Granted
PPNB June 29, 2012 at 11:59 PM


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