[Amended 5-21-2020 by Ord. No. 20-40]
A.
No establishment on premises whose building(s) or grounds are closer
than 100 feet to the closest point of a residential property line
situated within any residential zone of the City shall be open for
business, nor conduct business, nor invite or permit access by the
general public for any purposes between the hours of 11:00 p.m. of
any day and 6:00 a.m. of the following day, prevailing time.
B.
During the hours of closing prescribed herein the property shall
be securely closed against access by the public to the building and
to the parking areas by the use of appropriately sized and placed
fencing, posts or chains and by posting "No Trespassing" signs.
C.
Locations that are currently and actively licensed for alcoholic beverage consumption or distribution in accordance with N.J.S.A. Title 33 and N.J.A.C. Title 13, Chapter 2, shall not be open for business, nor conduct business, nor allow the service or consumption of any alcoholic beverage directly or indirectly between the hours as set by § 10-5 of the City of Trenton Code.
D.
No establishment whose buildings or grounds are within 100 feet to the closest point of a residential property line situated within any residential zone of the City or located within a nonresidential zone shall be open for business or invite or permit access by the general public for any other purposes between the hours of 2:00 a.m. and 6:00 a.m. unless expressly exempted under § 146-23, Applicability.
This article applies to any business that sells to the general
public any goods, merchandise, food or material, except in those categories
of businesses listed below which are specifically exempted, along
with any businesses or establishments which have been in continuous,
uninterrupted operation since prior to October 6, 1988, are in the
same location and owned by the same individual or entity since that
date, and are primarily and substantially operated as:
A.
Hotels.
B.
Twenty-four hour diners.
C.
Fast-food or quick-service restaurants where business is conducted
solely through a drive-up window during otherwise prohibited hours
of service.
D.
Pharmacies.
E.
Licensed alcoholic beverage premises. This exemption extends only to the sale of alcoholic beverages between the hours of 11:00 p.m. and 2:00 a.m. Hours of operation as stipulated under § 10-5, Restrictions, still apply.
F.
Gasoline
stations.
(1)
This provision shall not exempt the operation of a retail portion of a business which is primarily a gasoline station unless the business owner can demonstrate that they cannot reasonably operate the gasoline filling portion of the business without accessing the retail portion. A gasoline station shall be exempt from the operating hour restrictions as defined in § 146-22 only if it fulfills one of the following requirements:
(a)
Operating on a property along state-administered highways or designated
trucking routes;
(b)
Employing an off-duty police officer between the hours of 12:00 midnight and 5:00 a.m. as set forth in § 2-58.2 of the Trenton City Code.
(c)
Taking other security measures as may be defined by the Director
of the Trenton Police Department or a designee.
(2)
All
gasoline stations not fulfilling one or more of the above criteria
shall not operate between the hours of 12:00 midnight. and 5:00 a.m.
G.
Bakeries in which baking operations are actually conducted on the
premises.
H.
Located within the City's established Entertainment District.
Any business that violates any provision of this article shall be subject to a penalty of $250 and shall be subject to license suspension or revocation in accordance with the provisions of Article VI of this chapter. Each violation shall be considered unique and shall incur a separate $250 penalty.
[1]
Editor's Note: Former § 146-25, Exceptions, was
repealed 5-21-2020 by Ord. No. 20-40.
