By Kevin Coughlin
They stopped short of defining bars. But Morristown council members spent an awful lot of time arguing about them this week.
An ordinance spelling out what separates bars and nightclubs from restaurants got tabled, to give anxious proprietors more time to digest the document.
That decision came on a night when the council heard an anthropologist and a resident debate the resident’s report about bar-related incidents in town.
The council also approved a slew of liquor license renewals–with one catch that virtually guarantees a legal battle. By a 3-1 vote, the governing body continued an alcohol curfew for the as-yet-unopened Iron Bistro.
That South Street venue is adjacent to the Iron Bar, which has permission to share its liquor license–with the condition that the new Bistro cease serving alcohol at 11 pm on weeknights and 11:30 pm on Fridays and Saturdays.
“There is absolutely no reason why those conditions should stay on,” said Robert C. Williams, attorney for owner Jimmy Cavanaugh. The lawyer vowed to appeal the Bistro curfew — again– to the acting director of the state Division of Alcoholic Beverage Control.
The state ABC already has ruled twice in their favor, according to Williams. Cavanaugh anticipates opening the Iron Bistro in July and contends he has the legal right to serve alcohol until 2 am, like other establishments.
“I’m saying they don’t,” said Assistant Town Attorney Elnardo Webster II, who is preparing for a hearing in Trenton on July 15, 2016. “We’re going to have some fun.”
The council voted 3-1 to continue the curfew condition. Councilman Michael Elms was absent and Councilwomen Alison Deeb and Hiliari Davis left prior to the vote.
Michelle Dupree Harris cast the lone dissenting vote, saying it’s unfair to impose a curfew in light of the Iron Bar’s violation-free record.
Council President Stefan Armington countered that the Iron Bistro has no track record yet. He questioned the owner’s pledge that the combined venues won’t exceed the present occupancy of the Iron Bar, and said his concern was to “reduce the adverse effects of the drinking population” on neighbors, who filed objections to the license expansion.
DEBATING THE NUMBERS
One downtown resident, Donna Gaffney, spent months combing through police reports to provide the council with data about alcohol-related incidents.
From January 2014 to early July 2015, Gaffney counted 735 such incidents. These included 96 drunk driving charges; 207 reports of intoxication, disorderly conduct, violent behavior, defiant trespassing or property damage; 225 drinking-in-public charges and 194 public urination summonses.
Some 447 of these incidents occurred after 11 pm, and at least 297 of the defendants were under age 30. (Ages were not available in some cases.)
Noting that downtown venues with liquor licenses are licensed to accommodate more than 3,000 patrons, Gaffney cited studies that she said suggested links between violent behavior and clustering of bars.
Taking exception to those correlations, Cavanaugh presented John Perry, who described himself as a consulting anthropologist who has taught at William Paterson University, to rebut the findings.
Perry called Gaffney’s paper “a jumble of statistics that makes almost no serious points,” and said the studies she cited pertain to high-crime urban areas that differ greatly from Morristown.
Gaffney, who has masters degrees from Rutgers and Columbia universities and a doctorate from the University of Pennsylvania, said her report was intended to promote informed decisions about quality of life issues.
“It is not a research paper. It’s a summary of police reports based on data I received from the police department,” she told the council.
WHAT IS A BAR?
The zoning ordinance to define bars and nightclubs is an attempt to give town officials tools for controlling future growth, Armington said. Residents have questioned applications by proprietors who appear to pitch bars as restaurants; the Iron Bistro was characterized as a restaurant during license expansion hearings.
Despite assurances by town attorneys that their ventures would be grandfathered as “pre-existing” uses, some liquor license holders were wary of the ordinance.
Sushi Lounge owner Andrew Gering voiced fears that the classifications would devalue his liquor license. Cavanaugh asked how the ordinance would affect places that serve restaurant crowds on weeknights, and nightclub patrons on weekends.
Councilwoman Harris reiterated her call for a meeting to solicit input from bar owners. Armington said he and Councilman Bob Iannaccone, whose First Ward includes most of the bars, already met with the Morristown Partnership, the organization representing downtown businesses.
Addressing the council, Jennifer Wehring of the Partnership offered to host a special meeting. The council’s next chance to introduce the ordinance is July 12.
The measure would set the following definitions:
Class I Restaurant: Licensed for alcohol consumption, but alcohol sales are secondary to the sale of food; no cover charge or other minimum fee is charged for admission; alcohol cannot be sold after 11 pm, unless it accompanies food.
Class II Restaurant (with extended bar hours): Food sales predominate until 11 pm, when alcohol becomes the focus.
Class III Restaurant (without liquor license): Cooking facilities, waiters, tables (not fast food). BYOB for beer and wine only.
Bar: Serves alcohol for consumption on premises; kitchen of at least 50 square feet is not open during regular meal hours for sale and consumption of food.
Nightclub: Alcohol is sold for consumption on premises; music, dancing and/or entertainment is offered on a regular (weekly) basis AND either… more than 30 percent of the floor space is devoted to entertainment, the main use between noon and 9 pm is not the sale of food, or certain occupancy limits are met.
Class II restaurants, bars and nightclubs would be required to…
- Post “adequate security” at entrances and exits.
- Obtain council approval for any outdoor bar areas.
- Store garbage and recyclables indoors.
- Provide on-site queuing (for new facilities) of most patrons, along with plans for crowd- and litter control and pedestrian movement for any overflow on public areas.
- Clean public rights-of-way before 8 a.m. each day.
One winner on Tuesday was Billy Walsh, who has converted the Dark Horse Lounge on DeHart Street to the Laundromat.
The Laundromat caters to older patrons than its predecessor, said Robert C. Williams, the attorney, who got a laugh by citing Mayor Tim Dougherty as a recent visitor.
Accordingly, two conditions imposed on the Dark Horse were lifted. The Laundromat won’t need to hire an off-duty Morristown police officer for security. And private party “open bar” events now are allowed.
Morristown property values and the overall town appeal have increased dramatically because of the great restaurants, bars, and night life. Younger professionals who are flocking to the city want these places open later in the night, not a town that closes up at 11pm. Please do not stop Morristown’s downtown growing popularity, and realize this is the reason your home is now worth more.
Council president Armington still on the attack against the bars and restaurants . Well statistics have shown over the past 10 years crime in Morristown has declined. Property values are up and 40 park resales have increased as much as 20 percent. So what is he trying to do ???
Here we go again, council president Armington is appealing Revolutions right to stay open as late as all the other restaurant and bars in Morristown. No regard for the Morris county employees who have been hired. These people need these jobs. Shamefull
The State ABC has lifted the closing hour restriction imposed by the Morristown Council. The council president will continue to harass us and waste taxpayers money in this vendetta against me. Maybe it’s time to start a recall and have him removed from office. He hasn’t even visited our new addition, how can he possibly understand what he’s is doing. Just a puppet on a string.
Every great city, large and small attract people because of Hospitality Venues such as theatre, restaurants, bars, night clubs. To those opposing such venus may I suggest to sell your homes or condo units and move out of the city where there is peace and quiet as you perceive it. The good news is your property values are up because of the vibe Morristown now has (Shall we call that Irony!)
This borders on criminal, in fact it probably crosses the line into criminal behavior. Are authorities questioning how the Walsh family operates with no restrictions at multiple bars, but one establishment and one owner continues to be singled out?? Seems the Mayor and several Council members ought to explain how this discrimination is legal?
As for the lawyer “having fun” with this, typical for a guy being paid by the hour with tax payer dollars. Criminal, and nothing short of.
The town attorneys quote, let’s have some fun,with taxpayers money? How about the jobs and people who depend on making a living , what do we tell them now the council wants you to loose your job, because the attorney and council president wants to have some fun. Shameful.
Isn’t the definition of a Bar to be that a kitchen of at least 50 sq ft be OPEN during normal meal hours. ? The definition above states it is not to be open.
@Jim I need to be on Morristown’s council. I have only been a resident for 2 years, but I was brought here for the lively downtown. Not for a town to shut down. I would live in Mendham for that…
Matt, politics at its worst, Armington can’t get it out of his mind my association with the willow hall development which he vehimantly opposed. It doesn’t matter to him the millions of dollars invested in this property the clientele who bring revenue into Morristown and the fact that no one opposed our renewal. This is not leadership both Armington and iannacone have been invited to tour our establishment and communicate their concerns so as to stop this needless expense litigating. It’s our tax money wasted. Thanks to our supporters and the hundreds who have signed out petition.
The resident spent months combing through data? I wish I had the kind of time to do completely useless things. These bars are GOOD for Morristown. They have driven development and brought patrons to Morristown that weren’t here 10 years ago. I don’t understand why Morristown makes such a difficult case for this businesses. Minor regulations are fine, but this is all ABSURD.