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24-HOUR RETAIL BAN MAY OCCUR, WITH EXEMPTIONS

TC voted 3-2 against ban on new all-night businesses, but discussion brought possible township-wide ban on 24-hour outlets, with exemptions

After the Township Committee rejected a new ordinance Tuesday night that would have banned new 24-hour retail outlets in redevelopment zones, particularly most of Springfield Ave, the TC launched an effort to fashion a ban on such outlets township-wide. But with the option of applying for a 24-hour permit of sorts.
"If you want to open 24 hours you would come in and show why you should be 24 hours," Mayor Vic De Luca said at the meeting. Further discussion came up with a general proposal to bar 24-hour outlets, with most to be closed betwen 2 a.m. and 5 a.m., but with some kind of exemption if a business applies for a permit or exemption.
The township would also have the power to suspend such a permit if the business is found to have problems or complaints.
The meeting ended with an agreement for township officials to study and write a specific proposal for the next meeting in September. 

The original ordinance would have barred new retail outlets from opening between 2 a.m. and 5 a.m., except those for emergency medical care and pharmacies. That was done in part to satisfy the request for a new Walgreens at Springfield Avenue and Burnett.

The Walgreens remains under consideration by the Planning Board, which has held two hearings and has a third set for Aug. 11.

The 24-hour ban had drawn concern from residents because it would allow some businesses to remain at all-night hours. A 7-11 slated for Springfield was recently rejected by the planning board. It had sought a 24-hour approval initially, but was also denied because the company wanted to build a new building on the former auto repair site.

Currently, two outlets, the Maplewood Diner and Quik Chek, are 24-hour businesses and would have been allowed to remain.

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