STONE HARBOR — Borough Council renewed liquor licenses for all borough license holders June 24 with the addition of a special condition to allow outdoor music for licensees with outdoor dining venues.
The condition allows live or amplified outdoor music, from noon until 8 p.m., for one probationary year effective July 1.
Councilman Joseph Tipping said lifting prohibition of outdoor music in a “controlled way with some strong enforcement, including the right to take away the privilege” was a logical consideration to follow outdoor dining conditions, established by resolution in 2008.
Jack’s Place was the only liquor license holder denied the outdoor music privilege because it does not have outdoor seating.
The Whitebrier was almost refused the outdoor music opportunity due to a complaint of an alleged violation of a restriction to its outside service bar when a patron was served directly from the station, instead of having a staff member deliver the drink.
The Whitebrier was allowed the outdoor music condition but was denied the use of its outside service bar.
Council Vice-President Charles Covington said the Whitebrier is no longer able to use the service bar to serve alcohol outside for a probationary period. It can be used only for food service. Alcohol served in the patio area must be obtained from inside the building and brought outside.
Council was initially not going to not allow The Whitebrier both the outdoor music and use of its outdoor service bar but decided a “double blow” was too much of a hardship, Council President David Ellenberg said.
Owner Anthony Zurawski, attorney Mary D’Arcy Bittner and manager Dan Ryan argued that The Whitebrier was being discriminated against and not given the same opportunities.
An apparent rival of The Whitebrier hired a private attorney who videotaped a violation of the borough’s condition, not to serve directly from the service bar, and then submitted it to the police.
Police Chief David Dean said the department was alerted to the videotapes in October and he then discussed the complaint with solicitor Barse and council.
Bittner said the private detective asserted a condition violation without any police notice to her client.
She said the “finding” was without proper authorities’ involvement and was submitted by someone with whom her client is in litigation.
Bittner said similar complaints of other establishments were handled through summons, citation, and hearing.
She said her client did not receive a notice of complaint or opportunity to be heard and therefore did not have due process.
Council held four previous hearings concerning the outdoor music. Zurawski had attended a previous hearing and requested the outdoor music condition without comment from council concerning the service bar condition, Bittner said.
She said her client wasn’t made aware that use of the service bar would be denied until that evening.
Avalon solicitor Stephen Barse said there was not a due process issue and council has a right to consider past behavior to determine conditions on liquor licensees.
Just as council prepared to vote on amended liquor license renewals, Bittner approached council again with news she recently discovered that “Butch” the bartender was on his way to the meeting to testify that the “surreptitious” videotaping private eye had allegedly given him a $40 tip and therefore they had an argument for entrapment.
Council denied further comment and unanimously voted for the amended licenses.
Barse said there had been ample opportunity for comment.
Covington alleged The Whitebrier has a complaint with the Office of the Attorney General Division of Alcoholic Beverage Control (ABC.)
Bittner said the only complaint on record with the ABC was an underage drinking charge due to a patron using false ID that will be subject to a trial.
Covington said council made an effort to create outdoor dining using The Whitebrier as the first establishment to showcase that type of atmosphere about six years ago.
The Whitebrier was the first licensee that asked for outdoor dining in 2003, Covington said.
Bittner argued that it was onerous to punish and restrict The Whitebrier based on “who hands alcohol to whom” from the service bar.
The Whitebrier is the only license with that restriction.
Councilwoman Nancy Hudanich said when outside bars and outside music are together noise levels tend to “escalate” and council seeks to protect citizens from “harm” because they “are entitled to peace and quiet, same as you (The Whitebrier) are entitled to make a living.”
Bittner asked where “harm” was in serving drinks directly from an outside service bar.
Covington said, despite whether or not the bar agreed with the necessity of restrictions, it should have asked council to lift service bar restrictions before using it to distribute alcohol directly to patrons.
Ellenberg said he supported granting outdoor music at The Whitebrier because it has an outside dining venue.
Lisa Voellm of Jack’s Place made several requests to amend conditions to its liquor license to include allowing female employees to use its parking lot for safety reasons, allowing door personnel to stand inside during inclement weather and less frequent required announcements asking patrons to be quiet while they exit with respect to being in a residential zone.
Jack’s Place has several inherent restrictions other establishments do not because it is zoned as a non-conforming use located in residential zone, Voellm said.
All licensees with those same conditions were amended per a request by attorney William Serber, who represents The Windrift, in order to be“ fair across the board.”
During a hearing June 10, council debated the merits of attempting to control types of music permitted but ultimately decided it is up to the judgment of establishments.
Contact Truluck at (609) 886-8600 ext. 24 or at: ltruluck@cmcherald.com
Wildwood – So Liberals here on spout off, here's a REAL question for you.
Do you think it's appropriate for BLM to call for "Burning down the city" and "Black Vigilantes" because…
