Resident's Questions Lead to Changes in Hours of Operation Ordinance

Washington Township councilmen decided to amend an ordinance restricting hours of operation for retail businesses after a resident raised questions Monday night during the public hearing on the measure.

Resident Michael Ullman asked if an establishment like was considered a restaurant for the purposes of the ordinance. As written, restaurants were excluded from the mandated closing hours of midnight to 5 a.m.

Township Attorney Kenneth Poller said that Dunkin Donuts was considered fast food and therefore a fast food restaurant. After discussion, members of the council decided to include restaurants in the restricted hours as long as they do not have a liquor license. Those with liquor licenses would be controlled by the New Jersey Division of Alcoholic Beverage Control. They said restaurants without liquor licenses include , and .

The other issue Ullman raised was with , located in . He said oftentimes movies begin at 10 p.m. and have longer running times than two hours. He asked how the ordinance would affect business there.

Township officials said they hadn't thought about the movie theater conflict when considering the ordinance. Council Vice President Steve Cascio added that the movie theater sometimes holds midnight showings for popular movies that don't end until 2 a.m.

Members of the council considered if the ordinance would mean the movie theater would have to close its concession stand at midnight or would not be permitted to have patrons on the premises after that hour.

To avoid the conflict, Poller suggested members of the governing body exempt movie theaters in the ordinance. He said if it turns out to be a problem at a later date, the council could address it then.

The councilmen agreed and an updated version of the ordinance is expected to appear on the June 13 agenda.

New wording for the ordinance providing hours of operation for retail businesses:

"Every retail business located within the Township, excluding movie theaters, catering businesses and businesses regulated by the New Jersey Division of Alcoholic Beverage Control, shall be closed to the public, and business with the public therein shall be and is hereby prohibited, between the hours of 12 a.m. and 5 a.m."