[HISTORY: Adopted by the Mayor and Council
of the Borough of Metuchen 5-5-1986 by Ord. No. 86-7. Amendments noted where
applicable.]
The Mayor and Council hereby find that unprotected
and understaffed business and commercial enterprises have become easy
prey to the criminal element in our society and that the perils from
criminal predators to those individuals either employed at or patronizing
those establishments is at its highest during the late night and early
morning hours. The purpose of this chapter is to regulate closing
hours of all retail, business and commercial establishments to which
the public is invited in the interest of the protection of the employees
and the patrons and to discourage and minimize criminal activities
by mandating multiple employees on the premises and the installation
of security devices, as hereinafter described.
No retail, business or commercial establishment
shall be open for business between the hours of 12:00 midnight and
5:00 a.m. local time, unless:
A.Â
Two or more employees are continually on the premises
within that portion of the business to which the public is invited;
and, in addition thereto,
B.Â
One or more of the following security measures is
taken:
(1)Â
The employment of a uniformed guard solely for the
premises during these hours, who may be counted as one of the two
necessary employees if he or she continually remains on the premises.
(2)Â
The operation on the premises of a security device
approved by the borough Chief of Police which may consist of a silent
and/or audible burglar alarm connected to a central security monitoring
system designed to activate police response.
(3)Â
A closed circuit television camera connected to a
central security monitoring system designed to activate police response.
(4)Â
Such other device as can be activated instantaneously
to notify law enforcement officers that a crime or disorderly persons
activity is or may be in progress.
The provisions of this chapter shall not apply
to any premises maintaining a license for plenary retail consumption
of alcoholic beverages on the premises, which businesses shall continue
to be regulated in accordance with N.J.S.A. 33:1-40 as implemented
by other borough ordinances.[1]
Any and all persons or entities, as well as
their chief operating and executive officers, shall be responsible
for any violation of the provisions set forth in the within chapter,
except that the employees of the retail, business or commercial establishment
assigned to work during the restricted hours established by this chapter
shall not be held answerable for any violation or penalty pursuant
to its provisions. No employer of any covered retail, business or
commercial establishment shall take any adverse personnel action against
any employee who refuses to work on the premises of their establishment
during the restricted hours described herein unless the employer is
in full compliance with the terms of this chapter.
Any person or entity who shall violate or cause to be violated all or any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in Chapter 1, General Provisions, Article 1. Each day a violation occurs or continues shall be deemed to be the commission of a separate offense for purposes of assessing penalties described herein.
