[Added 8-9-2011 by Ord. No. MC-4629]
A. 
The purpose of this article regulating the business hours of restaurants, retail food establishments, and retail sales and service businesses in the City of Camden is to:
(1) 
Improve the quality of life for residents in the residential areas of the City, particularly during the late night/early morning hours.
(2) 
Decrease the incidence of arrests, criminal activity, nuisance complaints, and littering associated with large crowds of individuals congregating in, or in close proximity to, residential areas in the City during the late night/early morning hours, which individually and collectively have a negative impact on the quality of life for residents.
(3) 
Discourage activities that compromise the public safety of residents and business patrons in certain areas of the City during the late night/early morning hours.
(4) 
Provide for the efficient, effective and economical provision of scarce government resources in addressing each of the aforementioned purposes.
B. 
From input provided by residents of the City's neighborhoods and by the Police Department, Department of Code Enforcement and Department of Public Works, this City Council finds that a uniform closing time for businesses located within a residential zone or a certain distance from a residential zone, may significantly:
(1) 
Reduce the crowds of individuals who are attracted to businesses located in, or in close proximity to, residential areas in the City, which businesses remain open during the late night/early morning hours when similar businesses in other parts of the City have long since closed.
(2) 
Discourage crowds of individuals from congregating not only on the main streets and thoroughfares, but also onto adjoining residential streets, lots and parking areas, which prevents neighborhood residents from sleeping, safely walking their streets and enjoying the peace and quiet of their homes.
(3) 
Reduce the incidence of disorderly conduct and criminal activities, including loitering, littering, public drinking, drug dealing, noise, disturbance and other unlawful acts during the late night/early morning hours, which would lead to a commensurate reduction in the need for police presence and calls for police service in, or in close proximity to, residential areas.
(4) 
Reduce debris in residential areas from improperly discarded food containers, wrappings, bottles, cans, utensils, and decomposing food products.
For the purposes of this article, the following terms shall have the following meanings:
PERSONAL SERVICES
Establishments primarily engaged in providing services involving the care of a person or his or her goods or apparel, including, but not limited to, laundering, shoe repair, hair and body care, tailoring, travel agents, spas, tanning salons, and nutrition/weight loss centers.
RESIDENTIAL ZONE
R-1, R-2 or R-3 Residential Zone, as defined in the City's Zoning Code.[1]
RESTAURANT
Includes all of the following:
A. 
RESTAURANT, SIT-DOWNAn establishment where food and beverages, including alcoholic beverages, are prepared and sold and consumed primarily on the premises, where food sales constitute more than 50% of the gross sales receipts for all food and beverages. Such an establishment may include table or self-service, and food and beverages may be consumed either inside or at designated outdoor seating areas.
B. 
RESTAURANT, CARRYOUTAn establishment where food and beverages are prepared and sold for consumption on or off premises (customer tables or counters typically available). Such an establishment may take phone orders for food and may deliver food to customers.
C. 
RESTAURANT, DRIVE-THROUGHAn establishment where food and beverages are prepared and sold for consumption on or off premises, and which includes one or more drive-through customer service windows.
D. 
TAVERN or BARAn establishment where food and beverages, including alcoholic beverages, are prepared and sold and consumed on the premises, where food sales constitute 50% or less of the gross sales receipts for all food and beverages.
RETAIL FOOD ESTABLISHMENT
An establishment where food and beverages are offered for retail sale for consumption off premises. Such foods or beverages may be packaged in a ready-to-consume state or may come packaged and sold in bulk quantities. Examples of retail food establishments include, without limitation, grocery stores, ice cream shops, retail mini-marts, bakeries, and delicatessens.
RETAIL SALES
Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods, including, but not limited to, specialty shops and boutiques.
[1]
Editor's Note: See Ch. 870, Zoning and Land Use.
A. 
Restaurants, retail food establishments, retail sales, and personal services businesses located within a Residential Zone or within 200 feet of a Residential Zone may operate in the City only within the time restrictions set forth in this section:
(1) 
Sunday through Thursday: 6:00 a.m. to 11:00 p.m.
(2) 
Friday through Saturday: 6:00 a.m. to 12:00 a.m.
B. 
The distance of 200 feet to a Residential Zone is measured in a straight line from the lot line of the restaurant, retail food establishment, retail sales, or personal services business to the border of the Residential Zone.
C. 
Notwithstanding any other provisions of this article, the time limitations in this section do not apply to the following:
(1) 
Holders of plenary retail consumption or retail distribution licenses under the Alcoholic Beverage Law, N.J.S.A. 33:1-1 et seq., which holders are subject to the aforesaid state law and the City's Alcoholic Beverages Ordinance, Chapter 181 of the City Code; and
(2) 
For the purposes of residents' health and safety:
(a) 
The sale of gasoline, diesel fuel, propane gas or kerosene at gasoline filling stations; and
(b) 
The sale of prescription or nonprescription (over-the-counter) medications in drugstores and pharmacies.
Unless otherwise provided in this chapter, penalties against persons violating the provisions of this chapter shall be imposed in accordance with the provisions of § 1-15 of the City Code.