Cape May Moves to End Open Alcohol Consumption

UPDATE: Cape May City Council approved this ordinance, at its July 6 meeting. There was no public comment prior to its passage.
CAPE MAY – Cape May City Council June 1 introduced an ordinance that would continue to permit outdoor dining while requiring that it end at 10 p.m. The combination of seats allocated to outdoor and indoor dining cannot exceed the total seats approved in the establishment’s mercantile license. 
The move came as Gov. Phil Murphy surprised local officials with a change to his executive order restrictions. The state will allow full capacity indoor dining, without the social distancing of tables.
At the same meeting, the council didn’tact on its previous temporary allowance of open consumption of alcohol within 50 feet of a licensed premise. Since that earlier action by the municipality was tied to the indoor capacity restrictions imposed by the state, the open consumption allowance expires naturally because of the governor’s action. The city will revert to its long-established policy prohibiting open alcohol consumption.
Some residents used the meeting’s public comment period to voice opposition to the continuation of outdoor dining,asking for a return to what they termed a “pre-Covid normal.” Those in opposition found support on the council from Deputy Mayor Stacy Sheehan, who moved that all the city’s temporary measures to allow expanded outdoor dining be ended. Sheehan’s motion was defeated, 4-1.
Mayor Zach Mullock argued that local businesses were “blindsided” by the governor’s announcement. 
“Lots of time, effort and money have been invested in preparing for another season of outdoor dining,” Mullock said. 
He felt businesses would be hurt by a sudden withdrawal of the outdoor dining flexibility they enjoyed during the past year. Site plans were approved by the city in advance.
Speaking to those who asked for a return to pre-Covid rules regarding outdoor dining, Mullock citedthe fact that the council was taking action to curb the hours by requiring outdoor dining to end at 10 p.m. He also reminded the public that by inaction, the council is allowing the open consumption flexibility to expire.
Mullock also noted that while the city has control over open consumption in public spaces, establishments can still sell sealed, to-gococktails sinceitis approved by the state Alcoholic Beverage Commission, which has yet to make any changes in conjunction with the governor’s action.
Outdoor dining’s popularity over the past year is a challenge to those who would turn the clock back to pre-Covid rules. Mullock suggested the council needs to consider what future role outdoor dining might play in the mix of amenities the resort offers to its visitor.
Since the earlier actions by the city to promote the use of outdoor space for dining were tied to the state of emergency and health emergency declared by the governor in response to the pandemic, the city is also using this newly introduced ordinance to provide clarity to the business community given the recent ending of the public health emergency. The new ordinance will hold the flexibilities granted in site plan approvals in place until Dec. 31 regardless of the state regulations.
In the interim until the new ordinance can be adopted in early July, City Manager Michael Voll said he would issue an executive order, permitting a continuation of the current rules. In a June 4 phone conversation, Voll said the order was being drafted and would be issued soon.
Mullock and Councilman Chris Bezaire said they will have little patience with establishments that misuse the flexibility the city is providing. The ordinance allowing outdoor dining, even with a return to full capacity indoor dining, must not be used “to artificially increase seating” beyond the limits imposed by the mercantile license. Penalties include the immediate loss of the temporary permit.
The ordinance is expected to come up for a public hearing and possible adoption at the July 6 council meeting.
To contact Vince Conti, email vconti@cmcherald.com.