UPDATE Hoboken Councilman Proposes Bar Crawl Law Before Leprecon

HOBOKEN, NJ — With an infamous bar crawl called Leprecon coming to Hoboken next month, and a second crawl scheduled for the following week, Hoboken 1st Ward Councilman Michael DeFusco has proposed an ordinance that he says will help keep the city safe while not hurting the bars' ability to make a living.

The proposed ordinance, detailed below, would require promoters of bar crawls — defined as involving two or more bars — to seek a special permit for $3,000. For another $1,000, they could use their outdoor area, normally allowed in Hoboken only for the warmest months.

The ordinance is on the agenda for this Wednesday's council meeting.

DeFusco — whose ward contains the train station, the south waterfront, and many of the city's bars — said he first proposed such an ordinance last spring but it was tabled. He said the matter is open for discussion from restaurant owners and the community alike.

"It protects our neighborhoods, but more importantly, it quantifies what a bar crawl should be worth in Hoboken," he said Tuesday morning. "Now, the city spends [thousands] on cleanup and protection. Frankly, it’s unfair to taxpayers. We shouldn’t have to pick up the bill for a private event.”

This year, private organizers have scheduled an early St. Patrick's-themed "Leprecon" Bar Crawl in the mile-square city from 10 a.m. to 4 p.m. on Saturday, March 7. In addition, separate organizers have announced a second crawl on March 14 at 1 p.m., a "Luck of the Irish" event, requiring separate tickets.

The "Official Hoboken Leprecon Crawl 2020" site for March 7 says, "The times might surprise you - starting at 10AM? Yep! That's what Hoboken and the first Saturday in March is famous for."

While Hoboken police and officials have complained about crawls like Santacon and Leprecon every year, they haven't cut bar hours. However, they have stepped up enforcement, bringing in details from other towns, and have seen the rowdiness decline.

DeFusco says in his ordinance that he doesn't want to hurt the businesses. "Forcing further restrictions on bars, such as limiting hours of operation, would create an undue hardship on an establishment’s ability to stay economically viable," the ordinance says.

The bar owners have said that special days like St. Patrick's Day have helped keep them alive through the slower summer months, when patrons head to the beach.

A spokesman for the Hoboken Police Department said last week that the department has already met twice to plan for the upcoming crawls, and planned to meet again this week.

On Tuesday, in response to news of DeFusco's proposal, Hoboken Police Chief Ken Ferrante released a comment through the city saying, “It is impossible for me to give an opinion or statement at this time, on a first reading of an ordinance that I have not seen yet. When I receive it, I will sit down with our ABC [Alcoholic Beverage Control Board] Investigators Lieutenant Charles Kucz and Detective Anthony Caruso to get their opinion on it since they are the ones in our city who handle ABC Enforcement, along with the State ABC. We will always deploy personnel based on data analysis, just like we do for all Con events and any other large annual events. I appreciate and welcome any ordinance that can continue to help us curb SantaCon or any other events that bring outside promoters who make money by advertising Con events as charitable events, where we never hear what was collected and donated to charities.”

Holiday-related bar crawls have a checkered history in the mile-square city, beginning in 2012 after Hoboken's longtime St. Patrick's Parade Committee refused to move their traditional parade to a weekday night, ignoring requests from Mayor Dawn Zimmer, who was tired of the rowdy house parties and celebrations that were held the same day.

Independent promoters scheduled their own crawls on the first Saturday of March each year, when the parade traditionally ran. (Hoboken's St. Patrick's Parade was held early so it wouldn't have to compete with other cities' parades for bands).

This year's "Official Hoboken Leprecon Crawl 2020" offers $10 admission to bars including the INN, The Ainsworth (reopened in 2015 by Albie Manzo and Chris Manzo of "Real Housewives of New Jersey,") and Texas Arizona, all of which are a few blocks' walking distance from the Hoboken train station. The website says a total of 12 bars are participating.

DeFusco said that last year, even the John Oliver show made fun of Hoboken after Santacon.

He said, "With shows like John Oliver unfavorably mocking Hoboken, that’s not the kind of positive publicity any of us want to have for our city."

The proposed ordinance (as of Tuesday morning) is here:

<blockquote>AN ORDINANCE ADDING CHAPTER §68-17 “PUB CRAWL PERMITS AND APPLICATIONS” TO THE MUNICIPAL CODE

WHEREAS large-scale pub crawls, such as SantaCon and LepreCon attracts thousands of bar patrons to Hoboken and require a larger portion of City services than on days where pub crawls are not held; and,
WHEREAS, the City of Hoboken in its responsibility to residents and visitors provides health and environmental services as well as public safety enforcement; and,
WHEREAS, the cost of these city services, such as public safety enforcement and environmental services cleanup, routinely costs the City in excess of $100,000 per pub crawl event; and,
WHEREAS, the additional costs incurred by the City place a strain on financial resources and grossly impacts the fiscal operating budget; and,
WHEREAS, fairly imposing licensing fees will offset the impact to taxpayers while supporting hard working City employees and the residents they serve; and,
WHEREAS, the City Council recognizes that we can not legally prohibit patrons from patronizing multiple bars in a single day; and,
WHEREAS, forcing further restrictions on bars, such as limiting hours of operation, would create an undue hardship on an establishment’s ability to stay economically viable; and,
WHEREAS, this ordinance does not interfere with the authority of the mayor, Police Chief or Fire Chief to enforce any or all existing laws.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hoboken, that a chapter establishing a pub crawl permit and license shall be added to the Municipal Code.
THE MAYOR AND COUNCIL OF THE CITY OF HOBOKEN DO HEREBY ORDAIN AS FOLLOWS:
Section 1: The following additions shall be made to Chapter 68 of the Code of the City of Hoboken entitled “Alcoholic Beverages” to add a new section, §68-17 entitled “Pub Crawl Rules and Permitting” as follows:
§68-17A Pub Crawls Event Permits.
A. This section shall apply to any business entity (hereinafter “Organizer” or “Organizers”) that arranges, advertises, plans or coordinates in a pub crawl within the City of Hoboken.
B. “Pub Crawl” is defined as when two (2) or more business licensed to sell alcohol in the City of Hoboken (hereinafter “Establishment” or “Establishments”) jointly participate in an event featuring the sale and service of alcohol wherein 300 or more patrons are encouraged to spend some time at the Establishments participating in the Pub Crawl.
C. When a permit is issued for a specific event, copies of the permit shall be provided by the Organizer to all participating Establishments. A copy of the permit must be visibly displayed by all participating Establishments.
§68-17B Applications.
A. Pub Crawl applications will be maintained in the City Clerk’s office. There shall be a nonrefundable application fee of $200.00 per event, listing the names of all participating Establishments.
B. Permits shall cost the applicant $3,000 per participating Establishment
C. Use of a pre-existing licensed outdoor cafe space shall be granted in coordination with the Hoboken Police Department and Hoboken Fire Department for an additional $1,000 per Establishment. Outdoor occupancy will be limited from 11am to 6pm on the day of the event.
Section 2: This Ordinance shall be a part of the Code of the City of Hoboken as though codified and fully set forth therein. The City Clerk shall have this Ordinance codified and incorporated in the official copies of the Code.
Section 3: The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Hoboken in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.
Section 4: This ordinance shall take effect as provided by law.
Section 5: All ordinances or parts thereof in conflict or inconsistent with this Ordinance are hereby repealed, but only however, to the extent of such conflict or inconsistency, it being the legislative intent that all ordinances or part of ordinances now existing or in effect unless the same being conflict or inconsistent with any provision of this Ordinance shall remain in effect. This Ordinance shall also supersede any inconsistent provisions contained in any resolution or ordinance previously adopted by the Hoboken City Council.
Section 6: The provisions of this Ordinance are declared to be severable and if any section, subsection, sentence, clause or phrase thereof for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this Ordinance, but shall remain in effect; it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 7: This Ordinance shall take effect upon passage and publication as provided by law.</blockquote>

The Hoboken City Council meets at 7 p.m. at City Hall, First and Washington streets.

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