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CAPE MAY – Cape May City Council June 2 debated the merits of suspending the portion of the city’s ordinance that prohibits public consumption of alcohol on sidewalks, parks, beaches and other public places.
The ordinance suspension is seen by supporters as a way to aid distressed restaurant owners, who are preparing to implement outdoor dining beginning June 15.
Opponents of the move argued that this would change the character of Cape May, as a family resort. They also fear that once the prohibition is lifted, it may be difficult to reinstate with the same level of compliance as it previously enjoyed.
For another group, the need to support local businesses during this public health crisis is paramount, but they want to see appropriate limits placed on the suspension of public consumption rules, measures that would designate specific areas and time frames for relaxed public consumption rules.
The discussion on this issue occupied the majority of the time at the council meeting, resulting in no immediate vote on the issue. City Solicitor Frank Corrado was given the task of tightening the rules around the suspension, in the hopes of finding sufficient common ground for council to be able to fully back the move.
Corrado’s efforts could necessitate a special meeting of the council to consider a new draft of a resolution since the next regularly scheduled meeting of the governing body is after the outdoor dining opportunity goes into effect.
Police Chief Anthony Marino expressed concern that the action could lead to increased public intoxication at precisely the point when the department is shorthanded. The Cape May Police Department usually adds as many as 15 Class II special officers for the summer, when the population in the city swells.
This year, the COVID-19 pandemic forced the closure of the county Police Academy in March, leading to a cancellation of the Class II training program. Marino said the department would probably operate with seven Class II officers this year.
Marino also raised concern about an increase in trash around the city from the disposal of drink containers and the likelihood that some visitors will take advantage of the new permission by carrying drinks in glass containers from their lodgings.
“We have seen firsthand the dangers such containers present if a fight breaks out,” Marino added.
While Marino spoke, some members of the public weighed in silently on the chat feed, scrolling along the side of the Facebook page that was displaying the virtual meeting to the public. One worried that Cape May would go the way of New Orleans.
City Manager Jerry Inderwies Jr. also spoke to the need for the city to be careful about how it presents itself, suggesting the governing body look for other ways to aid distressed businesses.
Mayor Clarence Lear argued that these were temporary measures aimed at helping local businesses that have been devastated by the lockdown since March. “We can roll this back if it gets out of hand,” he said.
The discussion took place in advance of the publication of Gov. Murphy’s Executive Order No. 150 (https://bit.ly/3dCOBkm), which explained the regulations for outdoor dining and offered a path for state approval of extended premised boundaries for the serving of alcohol by licensed establishments.
Several towns considering or having passed similar relaxation of public consumption rules have done so with demarcated areas for public consumption and daily times when the practice would be legal.
Councilman Zack Mullock suggested Cape May end public consumption at 10 p.m. each day and limit it to within 100 feet of a restaurant or other business allowed to sell alcohol. Deputy Mayor Patricia Hendricks cautioned that such a limitation would crowd people in the designated space, defeating the goal of social distancing.
The debate went on with Councilwoman Stacy Sheehan worried that the move would make it easier for minors to get and consume alcohol. Lear argued in response that there was no change to the prohibition against underage drinking.
Mullock continued to seek some way to tie the relaxation of constraints to the licensed establishments who, he said, were in a position to handle resulting trash, monitor approaching intoxication, to train staff in dealing with incidents that might arise. Hendricks said it was a simple matter, “Either you are for it, or against it,” she said. Her position was, “We should try.”
Former Mayor Bob Elwell called in to add his voice to those who oppose the move.
Others called in to urge the council to make a decision. “Stop kicking the can down the road,” one said.
While Mullock worried that the proposed action “opens the entire town to open containers,” others pointed to the layout of the city with establishments spread around town. Cape May restaurants are not as concentrated as other towns, making it difficult to put limits on the relaxation of public consumption rules, said others.
Business owners reminded council that time is running out. A call from a member of the Chamber of Commerce noted that there are 30 or so restaurants and liquor establishments in town. “They are drowning and need help,” was the message.
No decision was reached at the meeting, leaving Corrado the task of using his notes on the discussion to recraft a resolution that can gain sufficient support on council.
Lear left little doubt that a special meeting would be needed in the coming week.
To contact Vince Conti, email vconti@cmcherald.com.
