Sunday, June 7, 2020

The Wisdom of Yoda



This past week, pursuant to Governor Murphy's Executive Order No. 150, which shall allow restaurants to reopen for outdoor dining on June 15, 2020, the State of New Jersey Department of Law and Public Safety Division of Alcoholic Beverage Control promulgated its own Special Ruling. 

SR 2020-10, signed on June 3, 2020 by James Graziano, Acting Director of the ABC, is entitled "Special Ruling Establishing Temporary COVID-19 Permit to Expand Licensed Premises".  You can read it in its entirety here.  Here are some of its highlights (the emphasis is mine): 

The Director of the Division of Alcoholic Beverage Control (the “Division”) has determined it necessary to create a temporary permit, known as the COVID-19 Expansion of Premises Permit (“COVID-19 Expansion Permit”), to enable licensees and permittees to expand their licensed premises into outdoor areas, either contiguous or non-contiguous to their permanently licensed premises. This Special Ruling will establish which licensees are eligible for the permit, the application process, and the privileges and limitations of the permit. Licensees may apply immediately through the POSSE ABC Online Licensing System (“POSSE”), but no permit that is issued shall be effective before June 15, 2020. All licensees and permittees with on-premises retail consumption privileges are eligible to apply for this permit, and if they meet the criteria set forth herein, the Division will issue a permit...

This permit would also allow Class A manufacturers, such as plenary and farm wineries, limited breweries, craft distilleries and cideries and meaderies, to expand their licensed tasting rooms into outdoor areas, but would not otherwise expand their existing privileges.


Examples of permissible expansion areas include, but are not limited to: decks, patios, sidewalks, and parking lots adjacent to or contiguous with the licensed premises, or parks, “parklets” established by a municipality, and other public rights-of-way, as long as these areas are accessible from the licensed premises and comply with all provisions of the Governor’s Executive Orders and Administrative Orders concerning public health and social distancing requirements...

Upon submission of a complete COVID-19 Expansion Permit application in POSSE and payment of the permit fee, the application will be transmitted to the municipal clerk and police chief (or designee) of the locality where the license is issued, whether the license is municipally-issued or State-issued. 

At the end of March, as New Jersey was trending towards the worst of the worst with regard to COVID-19's impact on our state, Steve Ashton and his wife, Donna, opened Ashton Brewing at 600 Lincoln Boulevard in Middlesex.  Although their original action plan called for patrons to be able to enjoy their many excellent beers from the comfort of their simply-beautiful Taproom, rather than simply delaying their opening until that shall be possible, Steve and Donna pivoted.  For the past two months, they have been open Thursday through Sunday for curbside pick up and for delivery.  

As soon as Governor Murphy issued Executive Order No. 150 - and Director Graziano promulgated SR 2020-10, Steve and Donna sprung into action so that they can obtain a temporary permit, which will allow them to place a few tables in their parking lot, right next door to Ashton Brewing's Taproom, and invite patrons to enjoy their exquisitely-crafted beers fresh from the tap.  

Middlesex is a small town.  To date, Steve and Donna's efforts have been stymied (it is the municipality that controls the issuance of the permit) for the most absurd reason:  They are not from here.  There is at least one establishment in town, owned by a local, a man who has lived here most of - if not all of - his life, who has gotten in the ear of the Borough Administrator for the purpose of preventing Ashton Brewery from getting its permit.  So far, his efforts have been successful.  

People of Middlesex, how about we allow our voices to be heard on this issue?  Let us set aside for a moment that Ashton Brewing's success in our little town inures to our collective benefit, because a revenue-generating, commercial enterprise is operating in a formerly-vacant space, which contributed nothing to our tax rolls.  How about we do something simply because it is the right thing to do?  Who gives a shit how long they have been in town.  The important consideration is how long their business shall not simply exist here, but thrive here, and how long it shall be here going forward.  

"Same as it ever was" might be the single-most ignorant reason to do something and it is particularly so when the proponent for maintenance of the status quo acts out of a sense of entitlement mixed together with an irrational fear of competition.  Let us put an end to business as usual.  

Tuesday night, the Borough Council is apparently discussing the topic of temporary COVID-19 permits during its regularly-scheduled meeting, which shall begin at 7:00 pm, and which shall be conducted remotely via telephone. 


June 9, 2020 - 7PM
The Governing Body of Middlesex Borough had originally scheduled a Regular Meeting to be held on Tuesday, June 9, 2020 at 7PM in the Middlesex Borough Municipal Building, 1200 Mountain Avenue, Middlesex, NJ.
The meeting will now be held remotely. Anyone can access the meeting via a telephone with the following call in number and password.
Call in Number: +1 848-220-3300

Password: 561-913
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The meeting is open to the public and we ask that any comments or questions be emailed to lchismar@middlesexboro-nj.gov <mailto:lchismar@middlesexboro-nj.gov>; prior to 2PM on June 9, 2020 so that we can read them aloud into the record during the Privilege of the Floor.  Please state if it is a comment for the Public Hearing on either Ordinance No. 1997-20, Ordinance No. 1998-20 or Ordinance No. 1999-20.  If you have any questions regarding access, please email lchismar@middlesexboro-nj.gov <mailto:lchismar@middlesexboro-nj.gov>; ahead of the meeting.
Sincerely yours,
Linda Chismar, RMC
Deputy Clerk


-AK

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