Letter to Editor. Open Containers: Atlantic City Council Fail

Letter to the Editor from Chairman of Atlantic City Alcohol Beverage Control Board. RE: COUNCIL AGAIN FAILING TO VOTE ON OPEN CONTAINER ORDINANCE.

Needless to say, it was very disappointing to see that City Council once again FAILED to vote on Atlantic City’s Open Container Ordinance. The issue of Open Containers of Alcohol has been a two year project for the Atlantic City Alcohol Beverage Control Board. This included comprehensive research as to the legal issues and financial windfall created by such ordinances. The same or similar ordinances have proven to be very successful in destination resort City’s and towns such as Las Vegas, New Orleans, Key West, Memphis, Savannah and even Disney World to name a few.

Any councilman not in agreement with supporting open containers simply has FAILED to do their homework, not attending any committee meetings or communicating any concerns to our ABC Board or City Attorney’s.

An example of this misinformation was Councilman Tibbetts claiming it would strain our ACPD, apparently NOT knowing that the CRDA was paying for additional Class II Officers on the Boardwalk in addition to the already substantial CRDA Boardwalk Ambassadors.

A second example was Councilman Gilliams question as to whether “this ordinance was an amenity or a revenue generator”? The answer is simply, amenities ARE revenue generators in a Tourist Resort.

The Atlantic City ABC Board voted on June 7 and unanimously voted to support this ordinance for City Council to pass. ALL members of the Public and Business owners spoke in favor of this ordinance at the ABC Meeting. After Councils failure to vote on this matter, the ABC Board Chairman, Tom Forkin, has reached out to the State to see if there are actually any new concerns, or if that claim was misinformation from council.

The legal issue which now arises from Councils failure to once again vote, is not simply their lack of communication and research; it is whether the State can usurp Councils inability to legislate in the State Tourism Zone for the benefit of the City as a whole. This is unique in the sense that while State Statute leaves such open container issues with the municipality, Atlantic City is the only Municipality with a State Tourism Zone of which the State controls. Following the City ABC Board supporting this legislation as well as the City Administration can the State intervene. This issue is developing as the City ABC is waiting to hear back from the State, in a good faith effort to help alleviate what appears to be council playing petty politics with an important issue.

Some Councilmen have tried to position themselves as supporting Atlantic City as more of a “Family” resort? We respectfully disagree in that we already have 24 hour gaming, 24 hour bars & restaurants, and “gentlemens club”. Frankly, we will never compete with Ocean City as “Americas Greatest Family Resort”; we simply need to embrace who and what we are which is an adult destination resort, with such amenities.

Another issue presently being researched by the City ABC is legalized marijuana in Atlantic City. Given the financial condition of the City we must explore ALL options. The tremendous economic success legalized and properly taxed marijuana has had in places like Colorado and California have been very clear. There are also tremendous medical benefits.

New Jersey has been debating for some time as to legalizing marijuana and Atlantic City is the perfect test cite. It is hard to argue against this after the State has legalized and financed a needle exchange program here. Such a law would mirror present ABC standards and age requirements (21), with all taxed revenue going directly to pay Atlantic City’s Debt. This should be included in the City’s financial plan to be submitted to the State.

Cape May County recorded a record 6 BILLION in Tourist Revenue in 2015, with other Jersey Shore towns experiencing the same or similar windfalls. Atlantic City needs to distinguish itself from our competitors which includes those adult amenities and accommodations necessary to drive commerce in Atlantic City and Atlantic County.