Judge rules patrons can’t bring liquor to Sayreville strip club
by Aliyah Shahid/For The Star-Ledger
Friday August 07, 2009, 11:46 AM

SAYREVILLE — Patrons of a Sayreville strip club should plan on leaving their beer and wine at home, now that a Superior Court judge has dismissed an injunction he issued last month allowing the practice to continue.

‘Attendants at Yankee Stadium or Giants Stadium will be the same if beer is served or not. People are going for the game, not for the food or liquor.” — Superior Court Judge Glenn Berman

The injunction was placed on an ordinance Sayreville passed last month, prohibiting establishments without liquor licenses — except restaurants — from allowing customers to bring their own alcohol.

Greg Vella, an attorney representing 35 Club, also known as XXXV Gentleman’s Club, on Route 35, said the rule is discriminatory and singles out XXXV because of the risque nature of the business.

Middlesex County Superior Court Judge Glenn Berman, sitting in New Brunswick, ruled today that Club 35 did not demonstrate that it would be significantly harmed because of the BYOB ordinance. He said patrons go to such clubs for entertainment, not necessarily because they can bring their own beer or wine. He drew similarities between patrons at a strip club and those at a baseball game.

“Attendants at Yankee Stadium or Giants Stadium will be the same if beer is served or not,” said Berman. “People are going for the game, not for the food or liquor.”

The law, which took effect shortly after its unanimous passage on July 13, also limits the amount of alcohol customers may bring to a restaurant (enough for three people). In addition, restaurants may not charge an admission fee, membership fee, cover, corkage, or service charge. And, restaurants may not advertise that they are BYOB.

The new law also defines a restaurant as “having an adequate kitchen,” “served at tables by a restaurant employee” and “customers are provided an individual menu.”

Vella argued that XXXV has had no problems since they’ve been BYOB for two years, and that the law is subjective and an abuse of police power because officers will determine what an adequate restaurant entails.

“There’s no rational connection,” said Vella, who argued that the borough should either permit or ban all establishments that have BYOB. “It creates different classes of competition and a different class of citizens. It’s unfair competition.”

Gregory Bevelock, an attorney representing Sayreville, said the ordinance was created because the borough had problems with owners who abandoned their liquor licenses, which were in danger of being revoked and operated as BYOB establishments instead. Problems, like noise and violence, have persisted.

Bevelock also said there is no evidence that XXXV would be hurt financially because of the ordinance, and that competition is fair because the patrons of restaurants and strip clubs are not the same.

“This is based on the nonsensical notion that an all-nude dance club competes with restaurants,” said Bevelock.

Jeff Bertrand, the borough’s business administrator said the ordinance was not created to single out any particular establishment, and that some municipalities, including Wall Township and Rahway have similar ordinances.

The club is currently in litigation for allegedly violating a zoning law that states the club isn’t allowed to operate within 1,000 feet of homes or public parks.

The court will reconvene in October, when there will be a trial to determine if the ordinance is valid or not, said Vella. Until then, BYOB will be illegal at XXXV.

“We’re disappointed,” said Vella. “But, we’ll continue to fight this.”