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Letter to Editor: BYOB Is Not the Highway to Hell

Ocean City resident Eric Sauder argues that there is 'no rational basis' for some 'no BYOB' statements.

To the editor:

Hey, if I were a Methodist minister living at the turn of the 20th century, I, too, might have invested in Ocean City simply because it is a “dry town.” I don’t doubt for a minute that there are people today who invest in Ocean City because it does not have bars and clubs and liquor stores. That does make it unique. Quite frankly I (like most other BYOB supporters) would like to see it stay that way. But whatever happens with the BYOB ordinance, Ocean City will remain a “dry town.” There will be no bars, clubs or liquor stores. It will keep its “brand.” It will still be unique among the shore towns. To claim that BYOB will turn Ocean City into another Wildwood (which allows liquor sales) appeals to fear. There is no rational basis for such a statement.

If these people feel that the public consumption of alcohol in Ocean City will be a detriment to the wholesome family image, why are they not petitioning to do away with Night in Venice? Is that not a public event? Has the booze bash kept people from coming to this island? Investing in this island? Has it adversely affected property values? What about the prohibition (still apparently on the books) against showing flesh in public? If we want to revert to the vision of the Methodists ministers, don’t we need to do something about the unnatural perversion of wearing revealing bathing suits? Reinstate the blue laws. Let’s be consistent with that vision.

The statement that BYOB will “be detrimental to the business community” is a curious one. How it is that keeping people on the island for dinner will be detrimental to our economy? Ocean City is not free of alcohol. It has an abundance of alcohol and has largely remained free of “rowdiness.” I suppose some of that has to do with the ratio of police to the number of tourists in the summer and to residents in the winter. There were times I had at least a few assigned just to me. Is it a surprise that having trendy restaurants isn’t valued highly by the people who come here? If those people valued trendy restaurants why would they come here in the first place? Besides which, most of them dine off the island. Is it a surprise then that the survey revealed this? 

I could go on and on with this. If BYOB doesn’t work, it can be repealed in three years. There is no proof that BYOB will harm the town (either). In regard to making suppositions without facts, the anti-BYOB group is the chief offender.  Where is the correlation between Ocean City’s property values and BYOB (for example)?  I do think, in part, the stress on our business community is related to the loss of residents. What are we going to do about it? Keep sending what business we do have across the bay? Keep tearing down commercial for vacation homes?

I know John Flood believes in the supremacy of city government in making decisions for the people of this town. If you’ve lived here for any length of time, you can clearly see the effects of that supremacy. Do you feel Ocean City is a better place to live than it was a decade or two ago? The statement that BYOB will be a gateway to permitting full liquor licenses is nothing but a fear tactic.  It won’t happen, because: 1) The people of this town don’t want it, and 2) City government doesn’t want it (and would have to apply for liquor license), and 3) Even if the sky falls and those two things were to happen, the population of this town would qualify it for ONE (1) liquor license. No, people, we’re not on the highway to hell with BYOB. I don’t really care what Rutherford did or Collingswood did. This is a vastly different town. This is about what is good (or not good) for Ocean City.

I do agree with one thing. People make a successful community. We need LEADERS in government to address the declining population and the loss of business. We need people in government that will advocate for this community and not just for real estate development and tourism. The BYOB issue pales in importance to the ward elections. The government you chose will determine the course of Ocean City in the future. Do you feel we’re on the right path? Go educate yourself. Ask the hard questions. And get out there and vote.

Eric Sauder,
Ocean City 

NoBYOB April 22, 2012 at 03:37 pm
Richard, Come on, be honest, go back and read your history of posting. Right from you very first posting to were pro-BYOB. And it is a great thing you didn't buy in Stone Harbor according to the Real Estate website Zillow.com. Stone Harbor's Real Estate prices are down 19.5% and Ocean City's are only down 3.5%. You'd be way underwater. (In no way am I inferring that BYOB has anything to do with this, I am just pointing it out)
NoBYOB April 22, 2012 at 03:38 pm
That was Year over Year prices by the way.
harry April 22, 2012 at 03:44 pm
It would be great if OC was sophisticated enough to be able to laugh at Fasy and his "Committee to Preserve OC". Because the silly arguments they spout would actually be ignored in most other places and this group would get the attention they deserve - none
Steve Purdy April 22, 2012 at 05:52 pm
Giovanni, I'm not arguing with you - so don't attack me - but let's be clear. You sound like you support the "concept" of a mature couple bringing a bottle of wine to dinner. The vote is NOT about the "concept". The vote is on a specific ordinance. The ordinance we are voting on has NO LIMIT on the amount of alcohol, and doesn't say wine and beer but wine and "malt beverages" (Mike's Hard Lemonade,Twisted Tea, Smirnoff Ice, etc). The ordinance contradicts State ABC laws in this regard.
Steve Purdy April 22, 2012 at 05:54 pm
Why is that Harry? Because they disagree with YOU??? Stop being so mean spirited and just cast your vote.
Jim April 22, 2012 at 06:12 pm
Byob is a tempest in a teapot, but a tempest none the less. Its clear that booze in restaurants will cause people to linger, lengthening the time people have to wait for a seat, thereby driving people "over the bridges and out of town." I have never understood the drive for this piece of legislation. I'll be glad when the voting is over. Problem is what's the next step? If the byobers lose this round, I have no doubt they will be back. Vote on the 8th.!
Jim Arthur
Eric Sauder April 22, 2012 at 06:31 pm
Jim I know restaurant owners here that would just like to see patrons during the dinner hours. They do a good b-fast and lunch but they just can't attract the dinner crowd. The rate of turnover is the least of their problems.
Eric Sauder April 22, 2012 at 06:41 pm
I should wait for the predictable response but I have to step out for a minute. Its isn't always a case of not serving good food. Remember, they do a good b-fast and lunch. I don't drink beer with b-fast (at least not yet :) I sometimes do with lunch (depending how late) but I invariably DO drink beer with dinner. I can have both good food and a beer if I go off the island. And that is the problm for our restaurants.
Richard Jacoby April 22, 2012 at 07:01 pm
Wow. Now your going to tell me what my real estate buying patterns and decisions should be. Your quite the ass. For your information. I was anti byob last spring right untill about the time I read a Patch article about a pro byob supporter being forced to resign because he and his family were harassed and tormented by the anti group. At about that time I started to follow the subject and have had my mind changed over the last year by people like you. I really don't care much about byob but couldnt stand the way your side acts. My vote which has been cast by mail was in retaliation for the way your side has conducted itself.
When I bought my house, I had no idea of just how screwed up many of the people in this town were. But I do notice that most of the Internet bullies on your side use names like Nobyob and don't show their faces while they launch attacks on the other side. You know who I am, why not let us know who you are
Richard Jacoby April 22, 2012 at 07:04 pm
Oh by the way my first post was about a month ago. This issue has been alive for over a year.
Eric Sauder April 22, 2012 at 08:00 pm
There is NO LIMIT on the amount of alcohol because it is STATE LAW that you cannot limit the amount of alcohol. The proprietor can limit the amount of alcohol carried into their restaurant but you cannot legislate a limit because it would be contradictory to that law. This is not a loophole or weakness in the ordinance.
Salt E Water April 22, 2012 at 08:16 pm
Mr. Purdey, your statement about the city ordinance contradicting the State Statute is absolutely false. It does not use the term beer -- it uses "malt beverage" . That is a legal term for beer. I also included the language on enforcement - that the opposition claims does not exist. If you want to see the whole statute, go to our website and click the link.
2C:33-27. Consumption of alcohol in restaurants a. No person who owns or operates a restaurant, dining room or other public place where food or liquid refreshments are sold or served to the general public, and for which premises a license or permit authorizing the sale of alcoholic beverages for on-premises consumption has not been issued: (1) Shall allow the consumption of alcoholic beverages, other than wine or a malt alcoholic beverage, in a portion of the premises which is open to the public; or . . . b. Nothing in this act shall restrict the right of a municipality or an owner or operator of a restaurant, dining room or other public place where food or liquid refreshments are sold or served to the general public from prohibiting the consumption of alcoholic beverages on those premises. c. A person who violates any provision of this act is a disorderly person, and the court, in addition to the sentence imposed for the disorderly person violation, may by its judgment bar the owner or operator from allowing consumption of wine or malt alcoholic beverages in his premises as authorized by this act.
Salt E Water April 22, 2012 at 08:22 pm
You will also note that in secion 1(c), restaurant owners are not required to allow BYOB if they do not want to. So if any restaurant owner wants to limit the time of year or day that they want to offer BYOB - or exclude it all together -- they can. The myth of table turnover problems is completely in the hands of the restaurant owners.
NoBYOB April 22, 2012 at 08:38 pm
According to the New Jersey state ABC handbook Page 12 (http://www.nj.gov/oag/abc/downloads/abchandbook02.pdf), "Unless there is a local ordinance prohibiting it, customers of an unlicensed restaurant may be permitted by the ownership of the restaurant to bring and consume only wine and beer."
Malt Beverages includes beer, but also includes Mike's Hard Lemonade, Twisted Tea, Captain Morgan Fool's Gold, Bacardi Silver Mojito and more. Therefore I would say it contradicts the NJ ABC Handbook.
Surfsup April 22, 2012 at 09:26 pm
Nice job Eric!! The anti BYOB's arguments get dummer by the day. Maybe when this is over they can all just go back to tearing down buildings for more rentals. They don't care if there's any businesses left for the people that live here, as long as they make money!! Their true colors are shining through!!!
Joanne April 22, 2012 at 09:27 pm
Well that's what you get when you try to practice law without a license. INCORRECT OPINIONS.
Joanne April 22, 2012 at 09:32 pm
For accurate answers to frequently asked question regarding BYOB please go to Friends of Shop, Dine and Play in Ocean City
sdpoc.bbnow.org
Salt E Water April 22, 2012 at 09:33 pm
That is a handbook written for lay people as a descriptive. It is not law. Once again twisting facts and fear mongering. You should confer with a lawyer if you are going to quote things as laws. I understand people opposing Byob for personal reasons, let's just give people facts to make whatever decision is right for them.
NoBYOB April 22, 2012 at 09:37 pm
It hasn't been updated, Could you please tell me how many feet away from the Boardwalk I need to be to be considered "Off" the Boardwalk according to the Ordinance? Thank you!
NoBYOB April 22, 2012 at 09:38 pm
I quoted the ABC Handbook, If it is different from the law perhaps we should contact the State and have them up-date it. Thanks.
Surfsup April 22, 2012 at 09:45 pm
They're Real Estate Agents, doesn't that make them lawyers too!! People look who's supporting the No BYOB effort, Their motives become clear!!
Eric Sauder April 22, 2012 at 11:25 pm
Honestly noBYOB, I don't care. That was a concession by the pro-BYOB people to the sensibilities of some of the people of this town. I would think that any store that fronts on the boardwalk, and is located on the boardwalk, regardles of how many feet it is from the boardwalk rightaway, would be considered to be "on the boardwalk." I'm fine with having the laywers hash it out. I'm not mortified by the prospect in any event. Isn't there anything else you can scare people with?
Eric Sauder April 22, 2012 at 11:53 pm
Are you aware, at the anti-BYOB meeting, that people were being registered as they came thru the door? Also that there was a stack of mail in ballots?
Anna April 23, 2012 at 01:08 am
I don't understand the concern of many anti BYOB supporters as a negative to BYOB is regarding people lingering in restaurants. Why do you care, it is really none of your concern. As correctly stated by Salt E Water "The myth of table turn over is completely in the hands of the restaurant owner. The owner is a professional business person with a professional staff trained to handle this type of situation, it is their responsibility. Let's finally put that concern to rest. Next argument to be taken off the table - Restaurant owners are not required to allow BYOB if they do not want to, simple, clear and concise, so for those owners who oppose BYOB, don't participate. These are insignificant concerns that are baseless, valueless and offer no reasons to oppose BYOB. Please make your decision based on facts and not the rumors based on fear that are permeating the mind-sets of OC residents. It is sad and pathetic to watch this taking place. I agree with Harry's comments regarding the sophistication level of OC residents and seeing through the arguments presented by the Committee to Preserve Ocean City. It is time for change and to stop the hypocrisy that OC is a dry town - it is a dry town in name only. If we are going to continue to call ourselves a dry town then revoke all the licenses issued to private clubs to allow drinking in their clubhouses, with members walking down Battersea Road publicly carrying their alcoholic beverages, not just beer and wine.
Jim April 23, 2012 at 01:30 am
These posts have become a forum for spleen venting. Lets not lose the idea of each of us having the right to our own opinion. I suppose with the need to win and dominate at any cost so apparent in today's political discourse, its not surprising that an emotionally charged issue such as byob would devolve the same way in our little town. Too bad. Just remember to vote on the 8th.
Jim Arthur
Eric Sauder April 23, 2012 at 02:01 am
Agreed Jim.
Joanne April 23, 2012 at 11:52 am
You repeatedly ask this question and it makes no sense. If as you claim, you have studied this ordinance you are well aware that verbage is not included in the ordinance. Nor does it specify the color of the reguired table coverings! Neither makes it flawed. More importantly , why would you want to pay the extreme prices for beach front real estate to open a restaurant so you could allow people to bring in their own wine and beer? There are plenty of empty stores and restaurants in the downtown area. That is the whole idea to eventually develop a vibrant restaurant scene to attract people to shop in our downtown stores after 5 pm. The people spoke up and said they didn't want it on the Boardwalk. We listened!
Joanne April 23, 2012 at 12:00 pm
Spleen venting? This has become a general platform where the Pro BYOB people can specifically correct the mis-information and twsted facts deliberately being put out to convince people that BYOB is an evil that will ruin our town. People need the truth to be told so they can accurately weigh the facts and then make the decision that is right for them on election day!
Eric Sauder April 23, 2012 at 12:27 pm
Joanne makes a good point. The boardwalk is doing fine (at least in the summer). But the downtown is all but deserted, especially in the evening. It can carve out its own niche. It doesn't need to compete with the boardwalk. It can offer dinning and shopping and entertainment, much as the mall area of Cape May, and become a destination of its own. The revitalization of of the downtown area can help extend the season. And people will be more inclined (I think) to gravitate to the downtown than they will to the boardwalk in the winter.
BYOB in and of itself will not make all that happen, but we're going to have a heck of a time attracting dinning etsablishments to the downtown if a large percentage of the dinning clientele is eliminated. I'm serious about revitalizing the downtown. But its going to take a commitment by our government officials to bring it to fruition. This is a ctizen's movement. We're doing what we can. Now we have to get people on city government to do what they can, or elect people to city government who will. My apologies to noBYOB for losing my patience.
steve fenichel April 24, 2012 at 12:21 am
On this thread there was a comment that was directed at Mr. Eric Sauder that was ugly:
"some people just make up Sh.t ..... Or as some say do not let the facts get in the way of a good story or its my lie and I'll make it as big as I want ... the pro BYOB mantra".Mr. Sauder is a person of the highest integrity who was the target of police intimidation.He is a man of impeccable character and speaks only the truth. Our community should be honored to have him in our midsts. Steven Fenichel, MD

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steef June 18, 2013 at 08:27 am
one more thing, it seems to be permanently formatted for a smart phone. i have all of this extraRead More real estate on the right of my screen. if we're not careful, some developer is going to pick it up and put 8 duplexes over there!!!