CAPE MAY — In a divided vote, City Council extended the hours during which open containers of alcohol are allowed in public.
According to City Manager Jerry Inderwies, the move is aimed at streamlining enforcement. Usually, bars and restaurants in Cape May can continue to serve drinks on premise until 2 a.m. But the open beverage container rules approved a few weeks ago allow outside dining and open containers only until 10 p.m.
The difference created problems for enforcement, he told City Council during a Wednesday workshop meeting, held remotely. He described the proposal as a compromise, adding two hours for open containers and outside dining, while rolling back the time bars can be open, so that everything now closes at midnight.
“We’re trying to set one time for open containers, tables and bar hours,” Inderwies said. “All food and beverage sales would cease at midnight.”
There was substantial confusion under the previous ordinance, he said.
Council approved the change in a 3-2 vote, with council members Zach Mullock and Stacy Sheehan voting no. The two have been in opposition on multiple issues this year, including on easing restrictions on alcohol sales.
On June 11, council members Shaine Meier and Patricia Gray Hendricks joined Mayor Clarence “Chuck” Lear in a vote allowing the consumption of alcohol in several areas of town, including the beach, the Washington Street Mall and several parks.
Before the vote, Lear had argued the change was needed to help keep local businesses afloat through the summer, in the face of strict restrictions from Trenton aimed at slowing the spread of COVID-19.
At the July 8 meeting, Hendricks said it is unlikely inside restaurant dining would return to New Jersey this summer, as cases of the virus rapidly increase around the country and New Jersey sees a resurgence.
In the June vote, Sheehan voted no, while Mullock abstained. His family business holds a liquor license. On Wednesday, he joined Sheehan in voting no, saying he does not see a conflict because the expansion of open containers would likely help his business.
Sheehan suggested the city was being reckless, potentially encouraging people to gather at bars, which has been shown to be a driving factor in some spikes in new coronavirus infections.
“The whole reason that we’re discussing this in the first place is COVID-19,” she said.
Inderwies said Gov. Phil Murphy’s recently announced plan — to require masks be worn outside where keeping 6 feet of distance was not possible — would resolve that issue. But city officials acknowledged that it will be very difficult to enforce.
Cape May police Chief Anthony Marino told council members the city has not seen a significant increase in issues related to alcohol, including noise complaints or disorderly person calls. There were two noise complaints related to outside dining, he said, because a restaurant moved its live music closer to residential properties as part of its outside dining plan. He said that has been resolved.
Under the approved amendment, police could still issue summonses over noise complaints, Marino said.
“We would still be monitoring and controlling noise and any disorderly conduct that would occur,” he said.
Mullock was not convinced. He argued that allowing open containers of alcohol did little for business and hurt the city.
“To sell out the community and make this less safe for people just for the handful of businesses, I just find it outrageous,” he said, adding later, “I think we should be doing away with the open container in general, not increasing it.”
A complaint from Sheehan and Mullock that had been raised in other matters came up at the workshop meeting. Mullock said they were not informed about the open container discussion, noting that the police chief had enough notice to prepare a report on noise violations and other complaints.
He argued they should have had more notice about an important decision.
“I just feel like I’m walking into something where everybody knows what’s going on except for me and maybe Stacy,” he said.
Inderwies said the matter had been on the agenda prior to the meeting, and that neither Mullock nor Sheehan contacted him with any questions beforehand.
The amendment will allow people to sit or stroll with beer, wine or mixed drinks on the beach, the Promenade, along the length of the Washington Street Mall and its adjoining Rotary Park, and several city streets from 5 p.m. until midnight.
A disconnect remains between when alcohol can be served at bars and when it can be consumed in public. Cape May’s ordinance allows bars and restaurants to serve starting at 10 a.m. City attorney Frank Corrado said a state mandate now allows licensed restaurants and bars to serve alcohol in a sealed to-go container when they are legally allowed to open.
“They just can’t drink it until 5,” he said. The customer could carry it home or to their hotel room to drink it, but Sheehan said there seemed to be little enforcement of the rules during the day, saying she has seen many people walking to the beach with drinks.
