Bar Wars redux: Iron Bistro battle moving from Morristown to Newark courtroom

Jimmy Cavanaugh, left, confers with his lawyer, Robert C. Williams, at July 2014 hearing. Photo by Scott Schlosser
Jimmy Cavanaugh, left, confers with his lawyer, Robert C. Williams, at July 2014 hearing. Photo by Scott Schlosser
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Attorney Robert C. Williams, seated, cross-examines resident Sergio Burani at Iron Bistro hearing. Photo by Scott Schlosser
Attorney Robert C. Williams, seated, cross-examines resident Sergio Burani at Iron Bistro hearing in July 2014. Photo by Scott Schlosser

 

You didn’t really think the Iron Bistro battle ended last July, did you?

The Morristown council scarcely had finished announcing its 6-0 vote approving the Iron Bar’s liquor license expansion last summer when co-owner Jimmy Cavanaugh started chafing at conditions attached to it:  An 11:30 pm curfew for alcohol sales on Fridays and Saturdays, and an 11 pm limit on weeknights at his proposed Iron Bistro jazz restaurant.

Other bars in town serve alcohol until 2 am.

Next month the contest shifts to a Newark courtroom, in a case that may determine whether the council has authority to shape the character of a downtown where some residents blame a profusion of bars for eroding their quality of life.

Cavanaugh has appealed the town’s conditions to the state Division of Alcoholic Beverage Control,  and now the burden falls on local officials to prove their curfews are not “arbitrary, capricious and unreasonable.”

“It’s really disheartening that some of the council members have taken this position, especially against someone who’s been in business in town for 35 years,” said Cavanaugh, former owner of Jimmy’s Haunt.

The state ABC granted Cavanaugh a stay of the town’s conditions last October.  But it’s moot — construction of the proposed bistro adjacent to the Iron Bar on South Street has stalled.

“I’m having trouble getting financing, based on the town’s restrictions,” said Cavanaugh, who already has sunk nearly $1 million into the project, according to his lawyer’s testimony last year.

‘REASONABLE AND NECESSARY’

Elnardo Webster II, attorney for the council in this matter, said he feels “pretty comfortable that there are factual precedents for our decision.”

Jimmy Cavanaugh, left, confers with his lawyer, Robert C. Williams, at July 2014 hearing. Photo by Scott Schlosser
Jimmy Cavanaugh, left, confers with his lawyer, Robert C. Williams, at July 2014 hearing. Photo by Scott Schlosser

Fifteen residents filed objections to the license expansion, and many testified, during two hearings spanning six hours, about drunken misbehavior that washes from downtown bars onto streets and lawns of Morristown’s Historic District.

“The town’s position is that the council, sitting as the [town Alcoholic Beverage Commission], imposed restrictions that we believe are reasonable and necessary for the enjoyment of the downtown district of Morristown,” said Webster.

Council members felt the area “had reached a saturation point, and they didn’t want any more patrons in that vicinity. It was a volume discussion. They heard from people in the area that it already was overcrowded,” the lawyer said.

HEARINGS SET FOR MARCH, APRIL

Administrative Law Judge Evelyn Marose is scheduled to hear arguments on March 9 and 10, 2015, and again on April 9 and 10, if necessary, said Zach Hosseini, spokesman for the state ABC.

The judge can accept or reject the town council’s conditions for the Iron Bistro.  Her decision then goes to state ABC Director Michael Halfacre, who has the ultimate say, Hosseini said.

Artist's conception of Iron Bistro on South Street. Image courtesy of Carolyn Young
Artist’s conception of Iron Bistro on South Street. Image courtesy of Carolyn Young

Either side can appeal the director’s verdict to the state appellate division, the spokesman said.

“It’s not uncommon for towns to place restrictions on their licenses. Towns usually have the right to set conditions,” Hosseini said.

Morristown imposed a similar curfew on Cavanaugh’s prior attempt to expand the Iron Bar license, for a Mexican restaurant called the Gran Cantina that never got off the ground.

In 2013, the council handed an 11 pm liquor cutoff  to members of the Walsh family for a license expansion of Tashmoo, a bar they own on DeHart Street.

A victory for Cavanaugh could prompt the Walshes to challenge restrictions at Tashmoo.

Cavanaugh said the nearby Office Tavern Grill was given no curfews after undergoing extensive renovations. He questioned why the town would wage a costly legal battle against him, when the council is empowered to add restrictions as needed when liquor licenses are renewed every year.

‘QUALITY OF LIFE’

But the situation downtown has not improved significantly since last summer’s vote, according to Council President Rebecca Feldman.

“In the time since we heard this application for an expansion, what has changed, other than the town spending more money on cleaning up, and on public safety, and the Parking Authority spending more money on security at the garage?” Feldman said.

'EVERY PART OF TOWN DESERVES BETTER' : Councilwoman Rebecca Feldman states concerns about CVS pharmacy plans. Photo by Kevin Coughlin
Council President Rebecca Feldman, pictured in 2012.  Photo by Kevin Coughlin

“Six council persons were in the room, and six voted for these conditions based on what they heard from the public. We all represent the public,” she said.

Councilwoman Alison Deeb, who represents the Historic District, was absent from the meeting on July 16, 2014, and did not vote.

Residents questioned the credibility of the Iron Bistro team last summer after it posted a video that  falsely implied support by Morristown Medical Center and the Vail Mansion. A spokesman for the Mayo Performing Arts Center–also included in the video– testified that the nonprofit never gave its endorsement, either.

“I think this is really about the will of the residents of the town of Morristown,” Feldman said of next month’s legal re-match. “It’s about how do you maintain the quality of life when you live in a vibrant, mixed-use community.”

VIDEO: IRON BAR APPROVAL PART 1,  RESIDENTS SPAR WITH LAWYER

VIDEO: IRON BAR APPROVAL PART 2: ‘TOO MUCH HAVOC,’ SAYS COUNCIL PREZ

MORE ABOUT THE IRON BISTRO APPLICATION

 

 

13 COMMENTS

  1. I guess one should file an OPERA with the Town to get the Fire Marshal’s reports. That’s a heck of a job he must have to be at all the bars at about 1:30 am on a Saturday, simultaneously.

  2. in response the Fire Marshall checks occupancy every weekend. Iron bar has never been cited for over occupancy.

  3. How about this question – why hasn’t the Town been enforcing the fire code/ maximum capacity issue at the Iron Bar? I know of many young people who have attended into the wee hours and said how dangerous the over crowding situation is there.

  4. A level playing field seems awfully fair. Why isn’t anyone questioning why some business owners have carte blanche (think the owners that hold title to most of the bars in Morristown) and others are handicapped by petty restrictions? Screams of favoritism to me. And why? Who benefits from restricting only certain establishments? The obvious answer is the favored bar owners, and you can only assume, the politicians that bless their every move. Smell a rat?

  5. morristown could have just refused the expansion of license, saying that the place to place transfer was going to effect the quality of life for the residents of the town in a negative way. end of story no more arguments. trying to make everyone happy has now turned into another court case for the town..

  6. the new unwritten rule pertaining to expansion of licensed premises is the following, any place to place or person to person transfer is approved without closing hour restrictions. Expansions depending on who you are are restricted. The suggestion is buy another liquor license for the expansion. Think about that!!

  7. Comments about security by council president Feldman fail to mention that Iron Bar is the only establishment that voluntarily pays police officers every Thursday Friday and Saturday nights. This results in a potential savings to Morristown of close to $50,000 per year. Our professional clean up crew power washes the sidewalk and polices the area every night. The parking deck is patrolled by a private firm for security yes, but it is used by all the restaurants the Community theatre and residents. Why shouldn’t there be security ,our and other customers pay to park there bringing revenue to the authority. The only instance on record which was quite dangerous, were teenagers on a Sunday afternoon throwing rocks down from the top floor. Unfortunately some homeless sleep in these garages and this should be addressed no one should have to live that way. I urge the council to address this quality of life issue instead of wasting taxpayers money on frivolous law suits. Let’s try to work together and solve problems, our door is always open.

  8. This isn’t shaping downtown this is singling out one person, to advance a political agenda. Since this began Jocky Hollow Bar was given a liquor license while every other licensee bought theirs, the Office Tavern was permitted to expand, a new bar nightclub permitted to open on Speedwell Ave. All with no closing hour restrictions. No matter what side of the issue you are on this is just plain wrong, and dishonest. Iron Bar is not expanding its capacity. Simply adding a state of the art kitchen and dining facility to accommodate our customers, in our own building. Jim Cavanaugh

  9. BTW…should note that there are bars/restaurants in town that have been doing business for decades with minimal issues and have taken a proactive role in supporting the local community. As an example, places like The Dublin Pub, The Grasshopper and The Famished Frog have been generous supporters of local youth sports clubs, churches and numerous charitable causes. They run clean establishments and take pride in contributing back to our community. The invest in Morristown because it’s the right thing to do in the community that fuels your existence.

  10. Rather than punish someone that is investing heavily in his local business (and with a proven track record), why doesn’t Morristown go after the core issue? Everyone knows which bars are at the root of the issues, and exactly what owners are at fault. So after years of complaints by frustrated residents, what exactly is being done about the bars that care only about cashing out at our communities expense? The bars that cater only to the drunken 21-25yr old clientele are a blight in this town, and we all know exactly who is at fault. Ask anyone who lives near town, or any of the unfortunate business owners that surround these dumps. Take a 7:00am tour on any Saturday morning and see for yourself the trash and vomit left behind by their patrons. Ask the owners of these bars, what have they done to be good neighbors in our community? How hard would it be to have a cleaning crew out at 6:00am to TRY and clean up the mess left behind by their patrons? They are too busy counting money to care one bit about the community they are trashing on their way to an early retirement. Punish the guilty, not those that are trying to invest in our town…..

  11. I think 11 may be a bit early but 2 am is too late. There should be a limit to how many licence can be until 2am in any one block area. And if Mr . Cavanaugh can’t raise the money so be it. The residents would prefer more soft goods or a healthy, mellow ,upscale, adult friendly restaurant.

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