MARGATE – The Board of Commissioners March 20 took two actions that will allow local restaurants to ensure their customers enjoy their summer at the shore.
The board approved a three-year lease for a restaurant in the shadow of Lucy the Elephant to operate its existing beach bar on a portion of the beach in front of the restaurant. The lease requires Yo-Leven, Inc., trading as Ventura’s Greenhouse, to lease a section of the beach owned by the city for a sum of $25,000 for the first year, with 3% increases in years two and three.
The lease allows the restaurant to serve alcohol and food in a restricted area according to NJ Division of Alcoholic Beverage Control and NJ Department of Environmental Protection Land Use regulations, between May 1 and Oct. 31.
Resident Dennis Gorniowski questioned the city’s ability to allow alcohol service on the beach where children are present.
“There’s no drinking on the beach but you’re going to permit it in that area? If someone has an open can near Delavan entrance, they can give them a summons? That makes no sense,” Gorniowski said. “Then why have an ordinance that says you can’t drink on the beach.”
Ventura's Greenhouse Beach BarThe beach bar was first approved during the COVID-19 pandemic under an Executive Order signed by Gov. Phil Murphy as a way to allow restaurants to survive amid indoor dining restrictions.
“Are you going to enforce no drinking on the beach,” he asked.
“We have no open containers on the beach, and we do what we can with our ATVs on the beach,” Police Chief Matthew Hankinson said, explaining there are certain privacy rights officers cannot violate.
The agreement got a thumbs-up from local developer Steven Baglivo, who said the Police Department canvases the beach constantly during the summer months.
“I think the approval for Ventura’s is warranted,” he said.
Yo-Leven is required to comply with all laws and regulations that prevent it from becoming a public nuisance or conflicting with Fire Department regulations; hold the city harmless and indemnify the city from liability claims; and provide a minimum of $1 million of coverage for liquor, automobile and comprehensive liability insurances, and an additional $1 million liability umbrella policy. The lease may not be assigned.
NJDEP is requiring the city to use the rent payments for recreation purposes, Mayor Michael Collins said.
Following an executive session at the end of the meeting, the board unanimously approved a revocable license agreement for Sunrise Wine & Tequila, LLC at 9700 Ventnor Ave., to lease a portion of the city’s right of way to accommodate a handicapped access ramp on Monroe Avenue.
Sunrise Wine & Tequela Bar will pay the sum of $1 for the ingress-egress area that encroaches on the city’s property as long as the building exists. Like Ventura’s, the company is required to purchase a $1 million general liability policy and hold the city harmless of any claims.
“It’s necessary, under handicapped access law, they have to have the ramp,” Abbott said.
The ramp that provides ADA access is already built, he said.
No one from the city was able to answer Baglivo's question if the job was inspected before the concrete was poured. Building Department Supervisor Palma Shiles was absent from the meeting.
Administrator Patrick Moran said he would get Baglivo an answer the next business day.
The owners will also replace the entire sidewalk around the property after it did not pass the inspection of both the city and the county, he said.
In other business, Abbott reported that the city finalized the purchase of Taylor’s Liberty gas station, which it plans to turn into a parking lot, and that the building will soon be demolished and two tanks that are beneath the building will be removed. Taylor has until the end of the month to remove everything from the building.
The design of the parking lot will be finalized before it is reviewed by the Atlantic County Department of Regional Planning and Development because it is located along a county roadway, Abbott said.
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