Addressing the Problem of Illegal Dumping

PERTH AMBOY – BID Board Memberes Barry Rosengarten and Sergio Diaz went before the City Council at the 5/20/13 Caucus Meeting. They presented facts as to why they felt that the Council should consider amendments to the Sidewalk Café ordinance. This included expanding outdoor seating to restaurants throughout the City – not only in the BID District.

Rosengarten stated that the BID worked with the Zoning Board and they went out and measured the areas around restaurants who may be eligible for the outside dining. He also requested that the $300 charge be removed for having outside dining, but the $50 fee for the permit and premises should remain intact.

He explained that one of the requirements for having an outside dining area would require a space 4 feet from the curb area. There is a 25 foot area maximum for the outside seating.

When Rosengarten and Diaz spoke about the BYOB (bring your own bottle) they said it would be restricted to wine and beer only. Customers cannot bring in any hard liquor. When a customer brings a bottle of wine or beer it cannot be brought into the restaurant. If a customer requests, the restaurant can provide ice, but cannot charge the customer for it.

A customer dining outside cannot bring their own alcoholic beverage if an establishment already has an area where they sell drinks in that outside area on their premises.

Rosengarten said they are basing all of their information according to New Jersey statures and City laws. BID members pay a tax for special privileges. The BID is looking to take a stronger stand for those who violate their guidelines. Step 1 would be a verbal warning then a written warning and then a summons which would come from the City.

City Clerk Elaine Jasko told the Council and Rosengarten, “City Attorney Mark Blunda and I need to research the state laws on BYOB to help guide the Council on this matter.”

During the public portion fellow BID member and business owner Virginia Lugo said she was surprised that Barry Rosengarten and another person were here talking about the BYOB issue. “I just want to let you know it was their own opinion and the other members of the BID were not informed. It was not discussed by the BID as a whole.”

Also on the agenda at the Caucus was an item discussing a possible ordinance to address illegal dumping which has been a problem in the City for a long time. Business Administrator

Greg Fehrenbach said he would like to develop an ordinance with the law department to address this issue. “We need an ordinance to charge violators with. There is an ordinance in place concerning littering and illegal dumping. But there is nothing in place to show how this will be enforced or issuing any fines.”

Councilman Fernando Irizarry said he would be in favor of community service for violators.