Photo by Alexis Tarrazi

By Alexis Tarrazi
Senior Reporter

CARLSTADT (May 27, 2009, 11:30 p.m.) — In an effort to ease the concerns of those residents living near Jay-Dee’s Bar & Grill, the controversial establishment on Route 17 whose seemingly intoxicated clientele routinely spills out onto borough streets, the Calrstadt Mayor and Council have created a special nightclub ordinance that looks to offer more regulation over businesses that attract a nighttime crowd.

The measure, which was passed earlier this month, essentially bans any nightclub atmosphere from certain areas of the borough.

“This was made to directly address concerns of residents,” Council President Dennis Ritchie said. “There have been numerous police reports and complaints filed by residents. Residents have come to council meetings complaining about parking, broken beer bottles and whiskey bottles on their lawns and people urinating on their lawns coming from Jay-Dee’s. The criteria in this ordinance will address those things.”

Councilman Joseph Crifasi said the motive behind the new ordinance is safety. “First and foremost, we are here to protect the residents,” Crifasi said. “This ordinance will do that.”

The ordinance defines what a nightclub is and confines the location of such establishments to Route 17 or east of the highway, toward the industrial district. Carlstadt only has residential housing west of Route 17.

As defined by the ordinance, a nightclub is any indoor commercial establishment at which alcoholic beverages are sold or consumed and has some or all of the following factors: either the establishment charges a cover/door charge or has a minimum alcoholic drink requirement.

If neither of those factors come into play, then there is a second threshold. If any two of the following factors are present, then the business is considered a nightclub: a dance floor or place for viewing live entertainment; hours of operation between 10 p.m. and 8 a.m. on any day; maximum capacity is more than 200 people; advertisements for the establishment include signs such as “Rock band tonight” or “DJ Thursday night”; and the place has a platform or stage for performances.

“Jay-Dee’s was a wake up call,” Crifasi said. “I think (this ordinance) is a balance of being business friendly with the extent that businesses establish themselves and strive, and at the same time take into account any inconveniences that come from an overly active business that affects residents.”

Borough Zoning Official Tom Cox said that Jay-Dee’s is zoned to be a restaurant and in order to become a nightclub, it would need to file a change of use application with the planning board.

No application has been submitted yet.

Cox added that Jay-Dee’s could still apply; however, with the new ordinance now in place, it would make it extremely difficult. “If they applied,” Cox said. “It won’t fly here.”

There is essentially only one option Cox could think of for an establishment such as Jay-Dee’s: “Turn back into a restaurant and grill.”