By DONALD WITTKOWSKI
Sea Isle City has no intention of getting embroiled in its own version of the “Hotdog Wars.”
Hotdog vendors are allowed to operate at eight beach locations in Sea Isle: 32nd Street, 40th Street, 52nd Street, 59th Street, 75th Street, 77th Street, 81st Street and 85th Street. By state law, the licenses to sell hotdogs are given to military veterans.
One summer resident, however, urged City Council at its meeting Tuesday to remove 52nd Street as one of the locations, claiming that there is too much congestion created by having a hotdog vendor there.
“It is an accident waiting to happen,” said Alfred Giuliano, who has been a summer resident on 52nd Street since 1998.
Giuliano submitted photos to Council documenting what he alleged were unsafe conditions at the end of 52nd Street created by the hotdog vendors. He said vendors have blocked the street and the driveways of private homes, including his house, in violation of city regulations.
“It’s a major safety issue. It’s a major inconvenience issue,” he said.
Ultimately, though, Giuliano was unsuccessful in his attempt to persuade city officials to revoke the hotdog vendor license for 52nd Street.
City Solicitor Paul Baldini explained that state law and a landmark court case “are very protective” of hotdog vendors who are veterans.
Baldini said Sea Isle would simply invite a lawsuit if it removed 52nd Street as one of the locations for hotdog vendors. He added that he is all but certain that the city would lose such a suit.
“If there are code violations out there, they can be addressed by the municipality. But I can guarantee any attempt to move hotdog vendors or eliminate hotdog vending spaces will result in a lawsuit against the city that will not be won by the city,” Baldini said.
During his remarks, Baldini cited a celebrated court battle from the 1980s dubbed the “Hotdog Wars.” The Atlantic City casinos attempted to have hotdog vendors moved away from their buildings, but a state Superior Court judge ruled against the gaming industry.
“Hotdog vendors are veterans here in the state of New Jersey and they are protected by state statute,” Baldini said. “The state statute has been interpreted by the courts. Specifically, by Judge (Philip) Gruccio in what are now known as the ‘Hotdog War’ cases. It emanated from casinos wanting to move hotdog vendors away from the casinos.”
“In those series of cases, Judge Gruccio ruled that the hotdog vendor statute surpasses even the casino statute, and ordered that those hotdog vendors were permitted to be on the street and were to remain on the street,” Baldini added.
In response to Baldini, Giuliano questioned whether was there was strong demand for the hotdog vendor license at 52nd Street.
Giuliano stressed that he supported the idea of veterans having hotdog stands. But he also said that over the years, hotdog vendors have shown up only sporadically at 52nd Street because “it’s clearly not a profitable venture.”
“There’s a waiting list of hotdog vendors who want more street ends, not less,” Baldini replied. “This is the plan that the city has and will keep in place at my recommendation, because to change it and to start moving things around is likely to result in lawsuits against the city – lawsuits that the city will not win in the end.”
For countless seashore vacationers, one of the quintessential experiences of summer is stopping at the beachfront hotdog stands for a quick bite to eat at affordable prices.
Beach hotdog stands were offering outdoor dining and takeout food long before New Jersey’s restaurants and eateries were temporarily restricted to outdoor dining, takeout orders and deliveries during the coronavirus pandemic.
In a story last summer about the popularity of the beachfront hotdog stands, SeaIsleNews.com reported that the vendors said they were doing extremely well during the pandemic because of the preference for people to eat outdoors.
Here is the link to the story: In Sea Isle, the ‘Dogs’ Are Delicious | Sea Isle News
