Chapter 181: Commercial Hours of Operation

§ 181-1 Purpose; findings.

The purposes of this chapter regulating the hours of operation of places of commerce, as defined below, in specific street areas noted below, are as follows:

(1)

Decrease noise and disturbance associated with the large crowds of juveniles, young adults and others congregating around retail food establishments and other late-night businesses on the specified streets.

(2)

Decrease overnight accumulation of litter, which the said crowds generate.

(3)

Discourage criminal activities, especially drug-related criminal activities and violent crime, in the said crowds.

Based on residents' complaints and Paterson Police records, the Municipal Council finds as follows:

(1)

Retail food establishments and other businesses in the street areas set forth below provide a haven for criminal activities, and these activities are difficult to control while these establishments remain open.

(2)

Crowds of juveniles, young adults and others are attracted to the street areas set forth below in part by retail fast food establishments and other businesses that remain open during the late-night hours.

(3)

Encouraged by the presence of retail food establishments and other businesses, the said unruly crowds congregate on the main streets and may spill over into parking lots and side streets.

(4)

The said unruly crowds create a disturbance in the neighborhood which prevents residents from sleeping and walking the streets and from enjoying the peace and quiet of their homes.

(5)

The said unruly crowds cause residents and pedestrians to fear for their personal safety, thus causing an increase in the need for police presence and calls for police service.

(6)

The presence of all-night food establishments and retail sales and services businesses has increased the volume of noise in these neighborhoods as a result in the increase of automobile and pedestrian traffic. The increase in automobile traffic is accompanied by loud radios, car horns and running automobile engines; the increase in pedestrian traffic by loud belligerent behavior, fights and general commotion on the streets.

(7)

The all-night operation of restaurants and retail sales and services businesses has left the streets in these areas covered with debris from food wrappings, bottles, cans and decomposing food products.

§ 181-2 General hours; terms defined; alcoholic beverages; exceptions; specified street areas.

Generally: Places of commerce, as defined below, located in specified street areas, as defined below, generally may operate in the City of Paterson during only from 5:00 a.m. to 12:00 midnight.

Terms defined; alcoholic beverages.

(1)

Terms defined. As used in this chapter, the following terms shall have the meanings indicated:

PLACE OF COMMERCE

Any business where goods or services are offered in exchange for payment, economic gain, or paid membership (other than membership in a charitable or benevolent organization) to persons whose presence is invited or permitted, regardless of whether the business is fixed or mobile. A place of commerce shall include, but shall not be limited to, a store, a restaurant, a take-out restaurant, a cafe, a market, a barber shop, or a place of entertainment or amusement.

(2)

Additionally, if and only if Paterson Code Chapter 113, entitled "Alcoholic Beverages," is amended to provide that alcoholic beverage licensees shall be subject to this chapter, or subject to any stated portion of the duties imposed by this chapter, then alcoholic beverage licensees shall be regulated as provided by the amended Chapter 113.

Exceptions: The time limitations in this chapter shall not apply to the following:

(1)

Industrial activities: the operations of factories, warehouses, wholesale food producers that are not open to the general public for retail sales, and other such activities that do not involve providing goods or services directly to the general public; or

(2)

Health care treatment: the commercial or not-for-profit operations of hospitals, clinics, or other providers of health care services; or

(3)

Housing, hotels, and rooming houses: the commercial offering of long-term or short-term housing or hotel accommodations, or any similar accommodations; or

(4)

Athletic fields, athletic courts or parks: Such sites are excluded from this chapter's time limitations, even in instances where admission is charged for a nighttime event; or

(5)

Schools, houses of worship, charitable or benevolent organizations: Such sites are likewise excluded from this chapter's time limitations, even in instances where admission is charged for a nighttime event; or

(6)

Maintenance, cleaning, administrative and clerical activities: activities commonly performed in places of commerce, as defined above, during hours when they are closed to the general public, including but not limited to stacking shelves, taking inventory, cleaning floors, or miscellaneous document preparation or organization.

(7)

Drive-through-only service, without indoor service, and with access to on-site parking barred: places of commerce that meet all of the following standards when operating during the hours of 12:00 midnight to 5:00 a.m.:

(a)

The place of commerce shall at those times be accessible to patrons solely by means of a drive-through facility;

(b)

The place of commerce shall at those times sell only to customers driving through in motor vehicles, with curb service and walk-up service prohibited; and

(c)

If the place of commerce has a parking area, then at those times the place of commerce shall physically close all sections of its parking area not utilized for requesting, awaiting, or receiving the said drive-through service, such that it shall not be physically possible for patrons to remain parked on the site in their cars.

Specified street areas, also including entire intersections:

(1)

Street areas: The specified street areas in which this chapter limits the hours of places of commerce are as follows:

[Amended 4-12-2016 by Ord. No. 16-028; 7-31-2018 by Ord. No. 18-040]

Street	Start	Finish	Sides of Street	Terminal Intersections Included
10th Ave.	E. 16th	E. 28th St.	Both	Entire T-intersection of 10th Ave. and E. 16th All four corners of 10th Ave. and E. 28th
17th Ave.	Rosa Parks Blvd.	E. 32nd St.	Both	Entire T-intersection of 17th Ave. and Rosa Parks Blvd. All four corners of 17th Ave. and E. 32nd St.
Broadway	Straight St.	Madison Ave.	Both	All four corners of Broadway and Straight St. All four corners of Broadway and Madison Ave.
E. 18th St.	8th Ave.	Broadway	Both	All four corners of E. 18th St. and 8th Ave. All four corners of E. 18th St. and Broadway
Governor St.	Auburn St.	Carroll St.	Both	Entire T-intersection of Governor St. and Auburn St. All four corners of Governor St. and Carroll St.
Temple St.	N. 6th St.	N. 7th St.	Both	All four corners of Temple St. and N. 6th St. All four corners of Temple St. and N. 7th St.
Main St.	Robert St.	Goshen St.	East	Both corners of Main St. and Robert St. Both corners of Main St. and Goshen St.
Main St.	Montclair Ave.	Gould Ave.	West	Both corners of Main St. and Montclair Ave. Both corners of Main St. and Gould Ave.
Rosa Parks Blvd.	Broadway	Lyon St.	Both	Entire T-intersection of Rosa Parks Blvd. and Lyon St., extending to the corner of Lyon St. and North York All four corners of Rosa Parks Blvd. and Broadway
Park Ave.	Straight St.	E. 23rd St.	Both	All four corners of Park Ave. and Straight St. All four corners of Park Ave. and E. 23rd St.
N. Main St.	Haledon Ave.	Clinton St.	Both	All four corners of N. Main St. and Haledon Ave. Entire T-intersection of N. Main St. and Clinton St.
Straight St.	Market St.	Van Houten St.	Both	All four corners of Straight St. and Market St. All four corners of Straight St. and Van Houten St.
Market St.	Straight St.	Madison Ave.	Both	All four corners of Market St. and Straight St. All four corners of Market St. and Madison St.
W. Broadway	Presidential Blvd.	Cliff St.	Both	All four corners of W. Broadway and Presidential Blvd. Entire T-intersection of W. Broadway and Cliff St.
Carroll St.	16th Ave.	Park Ave.	Both	All four corners of Carroll St. and 16th Ave. All four corners of Carroll St. and Park Ave.
12th Ave.	E. 18th St.	E. 24th St.	Both	All four corners of 12th Ave. and E. 18th St. All four corners of 12th Ave. and E. 24th St.
12th Ave.	Straight St.	Auburn St.	Both	Entire T-Intersection of 12th Ave. and Straight St. All four corners of 12th Ave. and Auburn St.
Weiss St.	Main St.	Chadwick St.	Both	Entire T-Intersection of Chadwick St. All four corners of Main St. and Weiss St.

(2)

Determining whether a site is within a specified street area:

(a)

Generally: A place of commerce located in one of the specified street areas set forth above is subject to this chapter's limitations upon hours of operation.

(b)

Off-street locations: Where a place of commerce operates in an off-street location, such as, for example, where there is a parking area, lawn, or other grounds between the place of commerce and the specified street area, then in such an instance if any borders of the real property on which the place of commerce operates are located on a specified street area, then the place of commerce is deemed to be within the specified street area.

(c)

Multiunit structures: Within a multiunit structure, any place of commerce shall be deemed to be in the specified street area if and only if there are no other units, whether residential or nonresidential, between the place of commerce and the specified street area.

(d)

Upper story businesses: Notwithstanding the preceding provision, within a multiunit structure, a place of commerce operating solely on a floor above street level shall be deemed to be within a specified street area if any public street level entrances via which it is accessed fall within a specified street area.

§ 181-3 Enforcement; violations and penalties.

This chapter may be enforced by the Police Department or by any department or division otherwise having jurisdiction over the place of commerce in question. Any person, firm or corporation found in violation of this chapter shall be subject to a fine not to exceed $2,000 or the maximum permitted by N.J.S.A. 40:49-5, or any successor law, or imprisonment for a period not to exceed 90 days, or both.

The said recitation of penalties is stated without limitation, and as such is not under any circumstances intended to preclude the City of Paterson from pursuing any other remedies, including but not limited to any applicable zoning actions, complaints to regulatory bodies, or court actions seeking similar remedies via injunctive relief.