December 17, 2014

Ordinance Adopted By Princeton Council Restricting Business Hours

Princeton Council has unanimously adopted an ordinance mandating that businesses near residential neighborhoods close their doors between 2 and 5 a.m. The vote at Monday night’s special meeting came after an amendment suggested by Council President Bernie Miller to monitor the measure during a period of three years, after which the ordinance would expire. A task force will be named to evaluate the ordinance’s effect on economic development and the quality of life in the community.

The controversial ordinance has been the subject of much discussion at recent Council meetings. Residents, mainly from the “tree streets” neighborhood, have been in favor of the measure because they believe it will curtail noise from businesses near their homes. Many area merchants have been opposed to the measure because they feel it is restrictive.

Robert Bratman and Lou Carnevale, who own the former West Coast Video and Wild Oats Market, respectively, have been especially vocal in their opposition. Mr. Bratman wants to bring a 7-Eleven to his site, and that company’s business model is for a 24-hour establishment.

The measure was set to be voted on at last week’s Council meeting, but Mayor Liz Lempert held it off because of the absence of Mr. Miller. Mayor Lempert broke a Council tie last month in order to introduce the ordinance. Previously, Council members Lance Liverman, Heather Howard, and Mr. Miller had been in favor, while Jo Butler, Patrick Simon, and Jenny Crumiller had not.

In comments before the vote was taken, resident Daniel Harris said he was troubled by the opposition of the Princeton Merchants Association to the ordinance. “People who live here, who can still afford to live here, enjoy the freedom of a small town,” he said. Merchants may “prefer a commercial metropolis.” Resident Kip Cherry said she was in favor of the ordinance because restrictions are needed to maintain quality of life. “I think we are anticipating that as Princeton moves forward, either we become more like a city or remain more like a town,” she said. “We want to remain more like a town. 24-hour retail is not the way to do it.”

Resident Chip Crider spoke against the ordinance, saying it was based on fear of the unknown. “You have a noise control ordinance,” he said to Council. “If it’s not enforceable, then change it.”

Pharmacies and medical care operations are exempt from the ordinance, as are businesses in zones near Princeton University. Also not affected are restaurants that have liquor licenses. The ordinance requires that businesses wanting to remain open past 2 a.m. can do so for up to six days a year, but have to get permission from the town’s administrator Marc Dashield or Police Chief Nick Sutter.

Several Council members thanked Mr. Miller for coming up with the amendment, which was slightly tweaked before the final vote was taken. Mr. Simon had proposed exempting the central business district, Princeton Shopping Center, and the Clifftown shopping strip from the measure, but the governing body would have had to start the discussions over again in January if that change had been made. Council decided not to incorporate it.

Mayor Lempert also thanked Mr. Miller for coming up with a compromise. “We talk a lot about being proactive, and this is a way to do that,” she said.