Council Meeting Moves to High School for BYOB Vote

As City Council members look for the cleanest way to address a BYOB initiative in Ocean City, they're moving their Aug. 25 meeting to Ocean City High School to accommodate an anticipated crowd.

The Thursday meeting, open to public comment, will be held 7 p.m. at the William J. Hughes Performing Arts Center at Ocean City High School (entrance on Sixth Street).

Though they have already expressed unanimous opposition to ending "prohibition" in the dry town of Ocean City, council members distributed an agenda for Thursday's meeting that had them considering two separate ordinances that would permit "bring your own bottle," or BYOB, restaurants.

Councilman Keith Hartzell sponsored a resolution that proposed a public referendum on a new BYOB ordinance as a result of concerns that the first might be legally invalid.

Even though Hartzell does not support BYOB, he said the revised ordinance addressed two elements: "People wanted to get it over with and people wanted to get it right."

But council learned late Tuesday that the council's proposed referendum could not possibly meet deadlines to make the Nov. 8 ballot. The second ordinance would not have its desired effect: to end a divisive debate on BYOB in Ocean City by November.

"We're right back to ," Hartzell said.

FIRST BYOB ORDINANCE

The first ordinance (click on PDF icon above to read it) is the result of a petition drive organized by a group of restaurant owners. The petitioners secured enough signatures to bring the question to Ocean City voters in the Nov. 8 election.

The successful petition drive is considered the first "reading" of the proposed ordinance. The public question would be considered the second and final reading. If BYOB passes on Nov. 8, the new ordinance would become law.

Council is scheduled to vote on this ordinance on Thursday. The anticipated "no" vote would be symbolic -- the question would still go to the public on Nov. 8. But a "yes" vote would become the second and final reading of the ordinance. BYOB would become law, and the Nov. 8 election would not be necessary.

SECOND BYOB ORDINANCE

The second BYOB ordinance on the council agenda for Thursday is the result of concern that the first might be legally invalid.

Wanting the BYOB debate to end with the Nov. 8 election and not continue into the next year with legal challenges, City Council proposed its own version of the ordinance. The new version is essentially the same as the original -- minus a section that limits how much alcohol can be consumed.

That section of the ordinance may be subject to challenge based on a June appeals court decision in a Sayreville case. The court ruled that the state's version of BYOB regulation supersedes the local ordinance.

Council proposed introducing the revised ordinance as a first reading. If they would vote "yes," and the BYOB petitioners would agree to the changes, the new ordinance would go to the ballot on Nov. 8.

But Hartzell said that council learned Wednesday that the timing of the city proposing its own referendum doesn't work -- in part because of the need for the county clerk to be able to send absentee ballots overseas.

COUNCIL AGENDA

The revised ordinance remains on the agenda, but will likely not be voted on -- as council will explain the timing problems. The original ordinance will also be considered.

Mayor Jay Gillian still has the option to ask a Superior Court judge to rule on the validity of the part of the original ordinance that regulates how much alcohol a diner can bring into an establishment.

Beyond that, "it's the petitioners responsibility at this point," Hartzell said.

Council's agenda for Thursday includes amendments to zoning that will change parts of Haven Avenue (between 13th and 14th streets) from business to residential. It also includes a resolution to authorize a closed session to discuss pending litigation, including Mark McCulley vs. the City of Ocean City, Nicholas Foglio vs. the City of Ocean City and "Myers vs. Ocean City."