Uptown Bar granted right to serve on deck
Merla speaks at council meeting for first time since guilty plea
BY KAREN E. BOWES
Staff Writer

"The bottom line is we have successful businesses in town and that we're here to stay." - John Merla former Mayor

KEYPORT - Former Mayor John Merla spoke up during the July 10 Borough Council meeting, his first public appearance since he admitted in January to accepting cash bribes in an FBI sting.

Merla showed up about halfway through the July 10 meeting, seated himself toward the back of the room and spoke only briefly during a discussion regarding the Uptown Bar & Grille, an establishment owned by his family. At the suggestion of the New Jersey Division of Alcoholic Beverage Control (ABC), the council granted the owners permission to serve alcohol on the bar's new outdoor seating area. On Monday, Merla confirmed that the deck is now open for business.

During a break in the meeting, Merla told a reporter he had no idea when he would be sentenced on the one count of accepting corrupt payments, or why the U.S. Attorney's Office postponed his sentencing indefinitely. When asked if the delay was due to a conflict in the judge's schedule, as rumors had suggested, Merla again said he did not know, but was "ready to go" as soon as his attorney called to tell him the new date.

For a fleeting moment or two it was just like old times. Free to do whatever he likes now more than ever, Merla handled himself as he always had at council meetings. When he wasn't making wisecracks under his breath for the amusement of those seated nearby, he was defending himself against charges of illegal behavior and holding court during the break as several residents sought his attention and/or advice on a particular topic.

One notable difference was his manner of dress. Instead of a suit and tie, Merla donned shorts, plastic Crocs-style sandals and a T-shirt bearing a large Star of David, the emblem of the Jewish faith. The T-shirt read, "Shalom from New York." Asked if he had converted to Judaism, Merla replied, "No, I just like the shirt."

Merla's official comments came after resident Michael Lane criticized the Merla brothers, as he has often done before, for not paying property taxes on the Uptown Bar & Grille's new deck and outdoor seating area. The outdoor seating area, completed over a year and a half ago, infringes on the bar's next-door neighbor, a storefront church. The church is tax-exempt and, according to Lane, so is the new deck.

Merla claimed otherwise, saying his family is the process of buying the property, and has been paying the taxes all along.

"In the meantime, even though churches are exempt, they are receiving a tax bill because there is no church activity happening on that deck," Merla said. "If they were to perform church activities on that deck, technically it would be exempt. We told the judge that's not happening, and we also told the tax assessor it's not happening."

Lane first brought the issue up last year during the course of two lively public hearings. The Merlas, having applied for a liquor license expansion for the purpose of serving alcohol on the new deck, were accused of everything from perpetuating criminal activity to shoveling their neighbor's snow-covered parking lot too close to the property line. Police Capt. Thomas Mitchell testified against the expansion, noting several "ongoing investigations" into the bar.

Things quickly got ugly as Merla accused Mitchell of laughing at the memory of his late mother, telling the officer he "was full of s- -," and "just you wait." The former mayor also muttered the phrase "Cinco de Mayo," several times while Mitchell nodded knowingly in response. The meaning of this strange exchange was never fully explained by either party in interviews. Merla later apologized for using foul language in the public setting, saying he accidentally split his pants.

An elderly woman who lives near the bar was also allowed to show a video that she filmed from her upper-level apartment. The film, shot over the course of a year, showed clips of bar patrons leaving the establishment and/or walking to their cars. One clip showed an officer leading a person in handcuffs to a squad car while another showed bar employees picking cigarette butts off the sidewalk.

The liquor license matter was eventually referred to the state ABC, where it lingered until last week.

"It's just another example of a waste of money," Merla said on Monday, noting the process cost the town money, too. "It cost us over $4,000 in legal fees to really accomplish nothing.

"Basically we went to Mercerville, me and my brother Charlie, to meet with [Robert] Ludwig and Lane 100 miles from home," Merla said, referring to the two main objectors to the transfer.

"If it didn't go through, to be honest with you, we'd have a great lawsuit," Merla said. "It's crazy when it comes to the scrutinizing of a liquor license transfer."

Merla noted that several other bars in town have recently built decks or outdoor seating areas and were cleared by the town to serve liquor without incident.

"The law's the law," Merla said. "We don't want nothing more, but we don't want nothing less either."

Merla added that he and his brother agreed to all the terms set forth by the judge, including providing signs that tell patrons where they can and can't drink alcoholic beverages.

"The bottom line is we have successful businesses in town and that we're here to stay," Merla said.