Golden Inn Punished for Outdoor Music Violation

AVALON – Borough Council July 22 decided to suspend outdoor music at the Golden Inn from Monday July 27 through Thursday July 30 for playing tunes outside after 8 p.m. on July 11, a violation of liquor license special condition.
Golden Inn was cited for playing tunes after the established cutoff time of 8 p.m. on July 11, ten days after July 1 start date for the new condition.
On June 24 council approved live or amplified outdoor music for licensees with outdoor dining venues from noon until 8 p.m., for one probationary year.
Council President Charles Covington said it was “very upsetting” because he thought it would be the “easiest condition to control.”
Avalon Detective Sgt. Benjamin Gery testified that, during a routine liquor license check, he drove by 79th Street and the beach and could “clearly hear music” at 8:45 p.m. on Saturday July 11.
Gery said he continued to patrol other licensed establishments, discussed it with Capt. William McCormick and returned to the Golden Inn at 9:15 p.m. to discover music continued in the outside bar area. Gery spoke with General Manager Kevin Sterling, advised him of the violation and was assured it would be shut off.
Attorney William Serber, representing the Golden Inn, said the establishment didn’t deny the infraction and was “extremely embarrassed about the incident.”
Sterling said two speakers above outdoor bar area were connected an iPod controlled by a bartender and a cell phone application was used to measure the decibel level of the music, which he said was below 70 decibels.
Sterling said he was “deeply sorry” about the incident. He said music was overlooked because it was a busy evening during which they were short on employee help and tending to a wedding party.
Sterling said at the time of the violation he was helping in the kitchen and unaware that music continued after the designated cutoff time.
Councilman David Ellenberg said all are expected to comply “regardless of how busy.”
Serber noted the violation didn’t cause a complaint by a resident or visitor. Councilwoman Nancy Hudanich said it was a moot point whether the infraction caused a complaint.
“You’ve delineated the trust account with a mighty big withdraw,” Hudanich said.
Hudanich said she would like council to develop new penalties, including fines, for future violations by ordinance.
Councilman Joseph Tipping suggested the four-weekday penalty so it wouldn’t be “too onerous” for weekend business.
Serber said The Golden Inn had a “pristine impeccable prior record” throughout its 45 years of operation, in that it had never before been cited for a violation by the borough or state Attorney General Division of Alcoholic Beverage Control (ABC).
“We’re not dealing with super clean skirts here,” Tipping said noting that Golden Inn had three warning letters last summer for outdoor music, before council had permitted it.
“Once is too much,” Councilman Richard Dean said.
Serber said The Golden Inn took remedial efforts to ensure it would not happen again.
Sterling said from now on an automatic timer would shut off outdoor music at 7:45 p.m. and all managers are required to sign verification that music ceased before 8 p.m. Serber said the Golden Inn would furnish proof of compliance, if requested.
Hudanich said the remediation plan was “very well thought out…after the fact.”
Several council members said they were “disappointed.”
Tipping noted council had put in a lot of work to establish the outdoor music special condition through several public meetings and gatherings of subcommittee.
Ellenberg said the precedent is set that there will be no warnings and first offense of this condition will lead to some penalty.
Contact Truluck at (609) 886-8600 ext. 24 or at: ltruluck@cmcherald.com.