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City Clerk Certifies Enough Valid Signatures to Trigger Vote on BYOB Proposal

Ocean City voters decide in a Nov. 8 referendum whether restaurants can have the option of allowing patrons to bring beer or wine to consume while eating.

 

The BYOB proposal is heading for a vote.

The vote on a proposed ordinance allowing restaurants a "bring your own bottle" option is set for Nov. 8 after Ocean City Municipal Clerk Linda MacIntyre certified Thursday morning that enough signatures of registered city voters were verified.

Petitioners, primarily restaurant owners, had submitted 583 signatures on Aug. 4.

MacIntyre said Thursday that she had certified at least the 498 signatures required to trigger a referendum. That's 10 percent of the voters in the last election in the city.

She declined to say how many of the submitted signatures she invalidated or for what reasons.

"My feeling is I don't want to get into a numbers game. My job is to certify the signatures," and she said she felt she had done that. She will present her findings certifying the signatures to City Council at their next regular meeting on Aug. 25.

The issue has divided the town, with pro-BYOB and anti-BYOB websites, anti-BYOB lawn signs and anti-BYOB t-shirts popping up for months now.

Letters and online comments in local media are frequent and passionate.

Opponents have discussed forming a political action committee to fight the proposal, which would allow beer and wine in restaurants.

Likewise, supporters of the BYOB proposal will form a continuing political committee to campaign for the proposal, according to their lawyer, Jeff Sutherland, himself an Ocean City resident.The state Election Law Enforcement Commission requires registration and financial disclosure reporting for such committees.

Sutherland said learning that there were enough signatures was "anticlimactic" because the petitioners had taken on the task of collecting names in an orderly way.

Sutherland said the committee will likely take a break until after Labor Day and then move forward with a campaign to support the initiative.

A message for Ocean City Tabernacle leader Richard Stanislaw, one of the major opponents of the referendum, was not immediately returned.

The Tabernacle had provided anti-BYOB supporters with signs pleading that Ocean City not be changed which were paid for by an anonymous donor. Such donations cannot by made anonymously under the state's disclosure guidelines for political committees. 

Bill McGinnity, leader of the pro-BYOB restaurant owners, praised the clerk's office for reviewing the signatures in a timely way.

He said the goal of the pro-BYOB political action committee is to educate potential voters, not print bumper stickers or make t-shirts.

"We're not trying to overturn the dry town status, but a 1984 ordinance," that formally banned the practice of allowing BYOB at restaurants, said McGinnity.

Mayor Jay Gillian, who is on the record opposing the BYOB proposal, did not respond to requests for comment left for him at City Hall or at his business. Mike Dattilo, the business administrator, also did not respond to a request for comment.

City Council, which has already preemptively come out against allowing the bring your own bottle option, has scheduled a special meeting Friday at 3 p.m. to discuss legal issues related to the proposed ordinance.

A recent court ruling calls into question if towns can regulate precisely how BYOBs are policed once they are established.

Sutherland said the New Jersey Legislature could easily change the language of the state law, clearing the way for legal oversight.


Related Topics: BYOB petition, Byob, Ocean City BYOB, and Ocean City NJ

Greg Hurst

1:16 pm on Thursday, August 18, 2011

What a shame. I love OC for it's Christian values and now you have people most of which probably have not been residents too long wanting to change what the town was founded on. Jay Gillian and city council hold your ground and stand up for what you know is right. Being I'n the restaurant business my whole life I can tell you this is only going to lead to problems. How are restaurants going to control the amount of alcohol someone consumes and more importantly who will be responsible when someone's goes out of a restaurant and gets I'n an accident and this WILL happen.

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Florence Moyer

6:02 pm on Thursday, August 18, 2011

Yeah, those Christian values were really shining when a BYOB proponent was harrassed about his views at his kids OCHS honors ceremony - in a church.

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Chris M

6:43 pm on Thursday, August 18, 2011

Florence, I have been opposed to BYOB and will certainly say that those who did that should be ashamed. I have absolutely no problem with a vote on the issue. This is America, right? As far as Christian values, as a catholic I am quite accustomed to alcohol being served at church events and don’t see that being the issue at all. I don’t view those who drink as behaving in a non Christian way.

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Joanne

3:34 am on Saturday, August 20, 2011

It wil be enforced by the same people that enforce every ordinance, the police.

DTK

3:09 pm on Thursday, August 18, 2011

Democracy at work..... a thing of beauty!!

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DTK

7:34 pm on Thursday, August 18, 2011

Jesus drank wine at his Last Supper..... this is NOT about Christianity..... this is about democracy and giving a community what it does or does not want.... that's what voting is about..... so, let's keep religion out of it......and I hope it will be a fair fight.... no boycotting, no harassment, and no name calling!!!

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happycamper

10:52 pm on Thursday, August 18, 2011

Yes, Florence, a shining moment in Ocean City for sure . . . and a moment that helped to change my mind about a lot of things . . .

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Davey

11:23 pm on Thursday, August 18, 2011

Christianity has nothing to do with it. Democracy has nothing to do with it. Change has nothing to do with it. I'm tired of hearing about night in Venice, and drinking at HOME in OC. This issue is about Cousins, Scully's, and Captain somebody (a true hole in the wall) wanting to blame their God awful, horrible, and ridiculously ugly restaurants on a lack of alcohol. I've been to all 3 and to be as kind as I can be they suck beyond words. Restaurateurs , spend a few bucks, learn the business and you might be surprised how much business you might get. I guess you'll go to the airport next and bitch that planes land and it hurts your business...cast a vote to close the airport. My sincere hope is that this vote loses with embarrassing numbers. OC is a non drinking in restaurant community... Not a dry town. BTW - do any of you live here? If not stay out of our business and fix yours.

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Eleanor

6:19 am on Friday, August 19, 2011

I wont be as harsh as Davey but i think he makes a point. The restaurants for the most part that have pushed for this referendum are ones that have not done well - and are owned by people who want to make money here but dont want to live here and bear the negative brunt of what the policy might bring about, and naively think that allowing patrons to bring in alcohol would turn them around. Maybe they should have put a comment card with each meal for a number of months - 'Would you be more likely to eat here if you could BYOB?'
While a lot of summer resort eateries may do well because they are convenient the reality is most restaurants that do well have good food at a fair price. People may like a drink with dinner but they do not go to restaurants to drink they go to eat - good food, polite service, a decent atmosphere (with attention to the lighting, the spacing of the tables, the sound level and the cleanliness), a location that is convenient and does not require parking four blocks away or pumping change into a meter are things that make a restaurant look good to most vacationing or family oriented people.

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Chris M

8:33 am on Friday, August 19, 2011

Eleanor, your argument is flawed. People go out to eat and have drinks I have always felt that this is a losing argument. A better one might be, Keep the city the way it was founded and intended. The point of BRAND is, I think, a much better one.
We don't want to alter the perception of what OC stands for.

Chris M

8:21 am on Friday, August 19, 2011

Congrats, if we lose the vote, it will be because idiots like this have turned so many people off. I am starting to believe people like Davey work for the other side. I don’t know where you come from, but this is about the people. They are the ones voting, not the business owners. We know that more than 10 percent of the voters went out of their way to sign the petition. Nobody was knocking on doors. These voters had to make an effort to sign. We also know that much of the opposition to this is non voters. Every house with the Don’t change sign my area, is on a non-voting house. If you continue to act like this, you will continue to lose support for your side, and believe me you are. I am one of the very few anti BYOB people that doesn’t become hostel toward the opposition, and people like you are pushing me to the fence on this issue.

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pat duran

9:01 am on Friday, August 19, 2011

Davey...a little harsh aren't you...Cousins has been here for years and serves great food, as does Scullys.(haven't visited Captains). All this name calling only helps the BYOB cause.

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DTK

9:09 am on Friday, August 19, 2011

I think Davey needs a drink! ........... and how is this NOT about democracy, sir????

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Chris M

11:08 am on Friday, August 19, 2011

He was drunk when he wrote that.

Eleanor

9:19 am on Friday, August 19, 2011

Chris M - i have made the 'branding' argument before and think it is the best one. But i also think that if these restaurants think that the inability to offer a drink option is why they are not doing well they may be kidding themselves. Look at the places people line up to eat in and the places that are drawing a half-full dining room and be honest about why that is.
What happens if we go to the trouble to change something that is part and parcel of our 'brand' and then these places still dont do well - what if people go to Somers Pt or AC or Cape May because they like the food and ambience better and the drink is only a small part of the equation? It seems like we are making a serious change in the character of OC for the sake of a handful of restaurants that may or may not do better owned by people who have no 'skin in the game' when it comes to living in the town that will bear the brunt of any negatives, and based on an unproven and maybe unprovable theory that a few restaurants that offer BYOB is going to improve the economy of the entire business district.

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Chris M

11:05 am on Friday, August 19, 2011

Evryone I know likes to have a drink if they are going to drop a hundered or so bucks on dinner. Thats my point. I wouldn't eat in OC even with BYOB. For the same price as a meal without alcohol on the island, I can go over the bridge and have whatever drink I want served to me and in a much nicer establishment. I understand that some might disagee and eat in OC with BYOB, but I am betting it wouldn't be a lot. In my opinion you would need a lot more than just BYOB to get most people to stay on island to eat. You would need places like the crab trap or such on the bay and thats not happening without sales.

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Rick

5:03 pm on Friday, August 19, 2011

As a person in support of BYOB, this was always the most compelling argument against it, of them all. It should have been the main point against it. Instead we got the drunks in the streets and strip clubs on Atlantic Ave argument. I have always been concerned that BYOB wouldn't successfully solve the problem, but thought it was a starting point worth trying.

Chris M

11:06 am on Friday, August 19, 2011

After all I have to drive across the bridge anyway to get my bottle of wine.

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Rick

11:15 am on Friday, August 19, 2011

Chris, Are you sure you live in Ocean City? You are way too grounded to be an anti byob'er from the island. This is a pleasant first on the Patch.

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Joanne

9:54 pm on Friday, August 19, 2011

People listen to yourselves! These comments have turned down right mean spirited and ugly! You should be ashamed of yourselves! How are YOUR comments representing Ocean City as the World's Greatest Family Resort? You may disagree with the pro-BYOB folks but they are honest hard working business people who put their actions where their mouths are. They did not hide under an anonymous cloak but put their names and businesses at risk to stand up for what they believe is right. They followed the letter of the law to change an ordinance they felt was holding Ocean City back from becoming all that it could be. You say there is only "a handful of restaurants", that have come out in support of this. In that you are right! There were only a handful of owners that had the courage to stand up to the harassment and threats of boycotts and mean spirited comments leveled by people who run out of legitimate arguments and spin fear of strip clubs and stumbling drunks! Don't forget the "handful" had 583 people who also had the courage to put their names on that petition. There are always two sides to every argument. Let's do this democratically and save your voice and vote for the election. Don’t descend into name-calling and negative comments. You are wasting your breath trying to change people’s minds that have already made it up against your position. Be the kind of town folks that you tell the rest of the world you are!

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