$100K Suit Filed Against Mahwah For 'Arbitrary' Rules On Outdoor Entertainment

MAHWAH, NJ — A casual-dining restaurant in Mahwah is suing the township over an ordinance that, the lawsuit alleges, arbitrarily and capriciously imposes new regulations on outdoor entertainment that are contrary to New Jersey law and prior approval of a site plan application.

The Mason Jar, owned by Ira Kaplin, filed the lawsuit mid-October in the state Superior Court in Bergen County, seeking at least $100,000 in damages for expenses associated with the establishment's efforts to comply with the regulations, and "any additional relief that the court deems just and equitable." The restaurant also asks that the court order the township to rescind the ordinance in question and declare it a nullity.

The ordinance, enacted Sept. 1, limits and restricts live musical entertainment to time frames and within decibel levels that, the lawsuit alleges, are inconsistent with state law, and target and adversely impact the Mason Jar. For this reason, the lawsuit said, the ordinance, which "bears no rational relation to public health," should be stricken in its entirety.

Moreover, the ordinance, the lawsuit continues, "improperly renders" the township's recent approval of a site plan for an outdoor pavilion, erected expressly for the purpose of such entertainment, a nullity. The pavilion, constructed in the parking lot in lieu of an outdoor tent, was approved in June 28, 2021.

Specifically, the ordinance requires the following:

• A person must apply for a license 21 days before each proposed event.
• Licenses are limited to seven events per year and two per month.
• License times are restricted to a maximum of three hours between noon and 7 p.m. Monday through Thursday, and between noon and 9 p.m. Fridays and Saturdays, and preclude Sundays altogether.
• Each license costs $100.
• Sound levels are not allowed to exceed 55 decibels, in contrast with state's rules of 65 decibels before 10 p.m. and 50 decibels after 10 p.m.

For 13 years, the Mason Jar, at 219 Ramapo Valley Road, had "lawfully provided" outdoor live musical entertainment without incident, and this ordinance, the lawsuit said, "unreasonably prohibits and restricts" outdoor entertainment without a license.

The township attorney's office or council president did not immediately respond to a request for comment.