Retail Businesses in the Township Must Close Between Midnight and 5 a.m.

Members of the Washington Township council unanimously approved the hours of operation ordinance Monday night, which will require retail businesses to shut their doors between midnight and 5 a.m.

The ordinance excludes movie theaters, catering businesses and businesses regulated by the New Jersey Division of Alcoholic Beverage Control (ABC). It includes restaurants and fast food establishments that are not under the authority of the ABC.

The first draft of the ordinance, which was , excluded restaurants and included movie theaters. But , held May 23, resident Michael Ullman brought up late movie showings at and said that food establishments like are considered restaurants. Councilmen decided to amend the original ordinance and reintroduced it with the changes during the June 13 meeting.

During the public hearing Monday night, resident David Snyde said he wanted members of the governing body to consider the future and how the midnight closing time could affect residents. He said he feared a later closing time could increase the chances of robbery or other negative situations.

"I think the earlier we close, the better we are," Snyde said. "I think the later we stay open, we open ourselves up to problems."

Council President Fred Goetz said dictating an earlier closing time could open the township up to lawsuits from business owners. He also pointed out that the council considered a later closing time, 1 a.m., and chose midnight after discussions.

Councilman Richard Hrbek said the council could amend the ordinance if problems arose, which township Attorney Kenneth Poller said would take two weeks to complete.

The new law affects an application currently before the township Zoning Board. Sky Trading has on the site of the current at the intersection of Pascack Road and Washington Avenue. Now that convenience store, if approved, would need to close from midnight to 5 a.m.