SAYREVILLE – Patrons of an all-nude juice bar on Route 35 in Sayreville will have to leave their beer and win at home, since the establishment lost the latest round in its legal battle with the borough.
Last month, the borough council adopted an ordinance that prevented businesses from allowing their patrons to bring alcoholic beverages to their establishments to consume. (Restaurants were exempt from the restriction.)
Club XXXV, also known as Club 35, took the matter to court and won a temporary restraining order to prevent the ordinance from being enforced.
Last week, Judge Glenn Berman lifted the injunction, so for now the ban is in effect. A full hearing will take place in the coming months to determine the legality of the ban.
Gregory Vella, an attorney for Club XXXV, argues that the ordinance is unfairly targeting the business and too subjective to be legal. Borough attorney say the ordinance is a quality of life measure.
In his ruling Berman said the ordinance does not cause “irreparable harm” to the business because serving food is not its main function. “People who go to Club 35 got to it, for lack of a better term, for entertainment,” Berman said. “I can’t say the ordinance is discriminatory.”
The club is also battling a separate attempt to close it down because it operates as a sexually-oriented business within 1,000 feet of a public park and homes.
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