News
Sea Bright Bar Seeks To Extend Liquor License Ichabod's needs ABC approval for storage site
By Ryan Fennell
Sea Bright - Despite the Sea Bright Borough Council carrying a public hearing on a place-to-place liquor license transfer application submitted by Ichabod's Bar and Grill now scheduled for Oct. 5, several residents in the area of East Church Street raised the issue anyway.
According to Borough Administrator Maryanne Smeltzer, Ichabod's has applied for a place-to-place transfer of its liquor license to include a small garage across the street.
"It's not to move their license from where they are, but they want an extension of the licensed premises," Smeltzer said. "The extension would be to a shed across the street in the middle of the block in a residential area. According to the licensee, it would be to store liquor."
"Right now it's not a licensed area. It's not a contiguous piece of property either," added Smeltzer. "It's between two residential homes."
The public hearing was carried to Oct. 5 because the licensee, Stephen N. Grulich, Inc., has requested an advisory opinion from the director of the Division of Alcohol Beverage Control (ABC) contesting the opinion submitted by John Sorrentino, Sea Bright Chief of Police, regarding the application.
"Both premises are owned by the license holder and utilized in operation of the business only," Grulich's letter to the ABC states. "The Chief's interpretation of Title 33 requiring the property to be one contiguous piece is incorrect."
Ichabod's is seeking an "advisory opinion as to whether there can be an intervening public right of way, in this case a public street, between licensed structures provided the structures are one specific place of business as defined in case law."
According to Borough Attorney Patrick McNamara there have been legal cases that have indicated that the properties do not necessarily need to be contiguous.
"Those tend to be very unique circumstances," McNamara said. "Each case is evaluated by the state on the facts and circumstances of that particular facility."
According to Smeltzer, McNamara is also in the process of writing to the Director of the ABC for an advisory opinion.
According to McNamara even if Ichabod's receives a favorable opinion from the ABC, the applicant must still appear before the governing body for a public hearing.
