SAYREVILLE, NJ —Anyone heading to Club 35 in Sayerville, NJ needs to remember to leave something at home. That something is alcohol, which a judge has ruled is no longer legal to bring onto the premises. Although Superior Court Judge Glenn Berman installed an injunction last month allowing the practice of packing wine and beer into establishments other than restaurants without liquor licenses, The Star-Legend reports that he has decided that things need to change.
Club 35 attorney Greg Vella contends that the ruling is discriminatory and singles his client out due to the nature of its business.
Berman disagrees, defending his decision to support a recently passed no-carry ordinance by stating that “Attendants at Yankee Stadium or Giants Stadium will be the same if beer is served or not. People are going for the game, not the food or liquor.”
In addition to denying patrons the right to bring their own alcohol into the club, the July 13 ordinance limits the kinds that can be brought into a restaurant to enough for three people. Restaurants may not charge entrance or membership fees, nor cover, corkage, or service charges. Further, they may not advertise that they are BYOB.
In order to qualify as a restaurant, a business must have “an adequate kitchen,” and food that is “served at tables by a restaurant employee,” after “customers are provide an individual menu.”
Vella attempted to defend Club 35, also known as XXXV Gentlemens’ Club, by pointing out that it had never had any problems during the two years that it allowed BYOB. In his opinion, the law is subjective and an abuse of police powers due to officers being charged with the responsibility of determining whether a location qualifies as a restaurant.
“There is no rational connection,” Vella insisted while pushing for either a universal ban or permit for BYOB establishments. “It creates different classes of competition and a different class of citizens. It’s unfair competition.”
Berman was unmoved, assuring Vella that he had failed to demonstrate how Club 35 would be harmed by the inability of patrons to bring alcohol into the establishment or purchase it from club employees.
Gregory Bevelock, who represented Sayreville, opined that Vella’s arguments are “based on the nonsensical notion than an all-nude dance club competes with restaurants.”
Problems with noise and violence at establishments that had abandoned their liquor licenses and allowed BYOB are alleged to be the inspiration for the ordinance.
A court date to determine whether the ordinance is valid or not is scheduled for October, with the club remaining in litigation for accusations that it violated a zoning law that forbids adult club operation within 1,000 feet of homes or public parks.
