[HISTORY: Adopted by the City Council of the City of Newburgh 11-12-2002 by L.L. No. 4-2002. Amendments noted where applicable.]
Legislative intent. It is the purpose of this chapter to protect the health, safety and welfare of the residents of the City of Newburgh and those persons passing through as transients or visitors or who otherwise are within the jurisdiction of the City of Newburgh by regulating the hours of operation of certain retail business establishments. The City Council of the City of Newburgh has enacted this chapter to address the negative secondary effects of retail establishments open during the late evening hours and early morning hours, based upon police resources, the crime rate, the public order, public safety, public health, physical and mental health, property values, environmental noise, light and air pollution, littering, sanitation and local motor vehicle traffic. The provisions of this chapter have neither the purpose nor effect of restricting or denying access to merchandise or protected speech.
Findings. The Mayor and members of the City Council of the City of Newburgh are all residents of the City and familiar with the locations of businesses which operate during the late evening and early morning hours. Many of such businesses are in close proximity to residences. The Mayor and Council are also cognizant of serious public safety concerns in the local community associated with the nighttime operations of such retail businesses. Based upon the Mayor's and Council's local knowledge and evidence concerning the impacts or "secondary effects" of nighttime retail establishment operations on the community, as presented in hearings and in studies and reports made available to the Council with respect to local business locations, it is hereby found that the operations of certain retail establishments during the late evening and early morning hours lend themselves to unlawful activities at and in nearby proximity to such premises, that are not within the proper control of the operators of the establishments. Such unlawful activities include the discharge of firearms, illegal handgun possessions, assaults, larcenies and narcotics crimes, as well as City Code violations. There are not adequate legal provisions making the owners of these establishments responsible for such activities. Such unlawful activities, coupled with the additional negative effects of late evening and early morning business hours of retail establishments, including noise and light pollution associated with motor vehicle traffic, littering and sanitation issues, and impacts on adjacent and nearby property values constitute a menace to the public health, safety and welfare, which in the absence of corrective measures will result in a deterioration in social values, a curtailment of investment and tax revenues and an impairment of economic values. The imposition of limits on the late evening and early morning hours of operation of such businesses will serve as a deterrent to and reduce opportunities for illegal activities by, between or against customers, as well as mitigate other negative environmental, traffic and sanitary secondary effects. The hours of operation of such retail establishments should be reasonably regulated in order to protect the substantial governmental concerns raised by the various findings herein.
As used in this chapter, the following terms shall have the meanings indicated:
- A premises where alcoholic beverages are sold for consumption on premises; or a premises operated as a place of assembly where alcoholic beverages are provided by the operator of the premises, his or her agents, servants or employees.
- Any store, shop, market or place of business in which goods, wares, food, beverages or merchandise of any type, nature or description are offered for sale to a purchaser.
- GASOLINE STATION
- Premises used for the sale of gasoline and any other motor vehicle fuel, oil and other lubricating substances to the public, including incidental sale of motor vehicle accessories, prepackaged food items and tangible consumer goods primarily for self-service by the customer. Related motor vehicle services may also be provided, including the repair, greasing, washing, servicing and adjusting of vehicles.
- Premises where prescription drugs are sold at retail, together with dry goods, foods or beverages.
- Premises where food is sold and which provides seating at tables or counters for its patrons to consume the food on premises. This definition shall not include premises where a nonalcoholic beverage or snack is available but is incidental to the conduct of the business at the premises.
- The sale or the offer for sale of goods, wares, food, beverages or merchandise of any description, type or nature on a direct basis to a purchaser to be consumed primarily off premises.
[Amended 3-28-2011 by L.L. No. 2-2011]
It shall be unlawful for any retail establishment, except those set forth in § 189-4 hereof, to operate and remain open to the public between the hours of 12:00 midnight and 5:00 a.m.
This chapter shall not apply to restaurants, bars, bowling alleys, billiard parlors, barber shops, beauty parlors, movie theaters and playhouses, hotels and motels, gasoline stations, pharmacies and pharmacy sections of any store which dispenses prescription drugs which must be physically separated from the other areas of the store; provided, however, that this chapter will apply to the remainder of said store, and further provided that said pharmacy and pharmacy section is under the immediate supervision of a licensed pharmacist. This chapter shall also not apply to any establishments whose hours of operation are otherwise regulated by state laws or regulations which preempt the regulation of hours of operation by the City.
Any violation, by a person, firm, partnership, corporation or other entity, of this chapter shall be deemed an offense punishable by a fine not to exceed $500 or imprisonment for a period not to exceed six months, or both.
Any person who takes part in or assists in any violation of this chapter shall also be subject to the penalties provided herein.
Each day or part thereof that a violation of this chapter is committed or permitted to exist shall constitute a separate offense.
The Police Department shall enforce the provisions of this chapter against any person found to be violating the same.
Nothing contained herein shall be deemed or construed so as to prevent the enforcement of any other remedy at law, concurrent or otherwise, available to the City Council or other law enforcement authority to avoid or prevent any violation or attempted violation of this chapter, such as but not limited to an injunction or restraining order.
This chapter is in addition to any other law, ordinance or regulation affecting the subject matter herein and is not in limitation thereof.