Cigar Lounge Sues Bridgewater For Preventing Store Opening: Lawsuit

BRIDGEWATER, NJ — A cigar lounge looking to open in Martinsville is suing Bridgewater and its Township Health Officer Kevin Sumner for refusing to issue a Certificate of Occupancy(CO).

R.D.S. Smokers Delight Inc. of Union, who filed the lawsuit in Somerset County Superior Court on Aug. 28, is looking to open Pals Premium Cigar & Pipe Lounge at 1962 Washington Valley Road.

The business would operate as "a retail store with a designated smoking area, for the sale and testing of premium cigars and pipe tobacco and related accessories."

No cigarettes, vapor products, or cannabis would be present.

The lawsuit claims the building inspector refused to issue the certificate of occupancy required to open and operate the store based upon the direction of Sumner.

Sumner is requiring the business to remove the pool table, remove all seating including the bar stools, and remove the word "lounge" from the store name, according to the lawsuit.

The lawsuit also alleges Sumner has refused to meet with R.D.S. Smokers Delight Inc. "to discuss his demands or to provide a written justification therefor."

R.D.S. Smokers Delight Inc.'s plans for the Bridgewater location would be for customers to be able to test the product on the premises and provide a comfortable environment for that activity.

"Testing tobacco products always takes a considerable and significant amount of time and when done properly, cannot be rushed," according to the lawsuit. "Seating, tables, televisions all make sense when taking this into account as well as efforts to keep people comfortable. Not providing this for customers, employees and industry professionals would be very unusual and detrimental to the business. People will decide not to visit/work because it is uncomfortable."

The lawsuit also alleges that two of the Township’s health inspectors signed off on the plaintiff’s food license prior to construction knowing that the store was going to have seating in a tobacco store.

"If the Township had advised plaintiff that his proposed store would not be recognized as a tobacco retail establishment with seating permitted, plaintiff would not have rented the space, or incurred the cost of renovating and furnishing the space or of the installation of the exhaust and fire alarm systems," according to the lawsuit.

The lawsuit is demanding that the denial of the permits be deemed as illegal, the issuance of permits and certificates, and award the plaintiff costs of the lawsuit.

Bridgewater Township had "no to comment on this pending litigation."

See the lawsuit below:

CivilCaseJacket (7) by Alexis Tarrazi on Scribd

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