Township of Irvington, NJ Article III Hours of Operation

[Adopted 8-8-1972 by Ord. No. MC 2324 (Ch. 111, Arts. III and VI, of the 1981 Revised Code)]

§ 324-19 Establishments to be closed between certain hours; exception for certain convenience stores.

[Amended 10-25-1988 by Ord. No. MC 2872; 9-26-2017 by Ord. No. MC 3620]

A. All stores, establishments or places of business for the sale of meats, groceries or provisions for consumption off the premises, located within the Township, shall be closed to the public, and the business therein shall be and is hereby prohibited before the hour of 6:00 a.m. and after the hour of 11:00 p.m. on all days.

B. Exclusions. The following stores shall be excluded from the application of § 324-19A, all being either otherwise regulated by law, deemed to involve minimal nuisance characteristics, necessary to the public health, safety, welfare or convenience, or some combination of the foregoing, as follows:

(1) Convenience stores that are a minimum of 2,400 total square feet and are designed with the following characteristics:

(a) The convenience store must contain a retail security camera system as follows:

[1] That is approved by the Irvington Department of Public Safety;

[2] A security camera system that operates 24 hours a day seven days a week;

[3] At least one of the security cameras within the convenience store must be completely dedicated to monitoring the public entrance door;

[4] There must be a camera or cameras that monitor the entire area of the convenience store that is accessible by the public; and

[5] The video footage obtained by the security camera system must be maintained by the convenience store for no less than 30 days.

(b) The convenience store's register must meet the following conditions:

[1] Must be visible from the adjacent street.

[2] Must maintain no more than $25 to $50 in cash after the hours of 11:00 p.m.

(c) The convenience store must also post the following:

[1] Store policy that no more than some predetermined amount (often $25 to $50) is kept in the register at one time and that the store will accept no larger than $20 denominations.

[2] Signs inside and outside the store to emphasize your security policy on limited cash on hand and employee inaccessibility to the safe.

[3] Fifteen-minute parking signs in parking area of convenience store.

(d) The convenience store must install the following:

[1] A door signaling system like a buzzer/bell.

[2] Silent "hold-up" alarms should be considered.

(e) The convenience store must have a minimum of 2.0 footcandle around the perimeter of the premises and a minimum of 2.5 footcandle in the parking lot and the entrance of the premises.

§ 324-20 Sales prohibited between certain hours.

[Amended 10-25-1988 by Ord. No. MC 2872]

No person, firm or corporation shall sell or offer to sell in any store, establishment or place of business located within the Township any meats, groceries or provisions for consumption off the premises before the hour of 6:00 a.m. or after the hour of 11:00 p.m. of any day unless the premises, exclusive of parking, occupies more than 45,000 square feet of floor space, has a minimum of two security personnel, with one assigned indoors and one assigned outdoors, is located at least 100 feet from residences, is fenced pursuant to the provisions of this Code and is lit with a minimum of five candlepower delivered to the surface of the premises. The inventory and sales must take place indoors.

§ 324-21 Hours of operation for take-out or drive-through restaurants.

[Added 6-28-2005 by Ord. No. MC 3296; amended 1-10-2006 by Ord. No. MC 3310]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

DRIVE-THROUGH SERVICE

Provides food sales to customers in motor vehicles only. Walk-up service is strictly prohibited.

[Added 1-23-2007 by Ord. No. MC 3334]

EATERY

An eating establishment that prepares and services meals and food, which does not have seating for dining on its premises, whose business only consists of sales to customers for consumption outside its premises.

RESIDENTIAL ZONE

Any zone identified as R-1 (Single-Family Residential District) or R-2 (Two-Family Residential District) as set forth in §§ 650-14 and 650-15 of the Revised Code of the Township of Irvington.

TAKE-OUT RESTAURANT

A restaurant in accordance with § 650-4 of the Code of the Township of Irvington, which prepares 75% or more of its individual purchases for consumption outside of its premises.

B. Hours of operation.

(1) Any take-out restaurant or eatery located within a residential zone, or within 200 feet of a residential zone, or within 200 feet of two or more buildings used exclusively for residential purposes, shall not be permitted to conduct business between the hours of 11:00 p.m. and 6:00 a.m. inside the premises, and there shall be no drive-through service at such establishments between the hours of 3:00 a.m. and 6:00 a.m.

[Amended 1-23-2007 by Ord. No. MC 3334]

(2) The distance of 200 feet to a residential zone is measured in a straight line from the lot line of the take-out restaurant or eatery to the border of the residential zone. The distance of 200 feet or two or more buildings used exclusively for residential purposes is measured in a straight line from the lot line of the take-out restaurant to the lot line of the second furthest building from the take-out restaurant used exclusively for residential purposes.

C. Violations and penalties. Any person, association or corporation who shall violate any of the provisions of this section shall, upon conviction thereof, be subject to the penalty set forth in Chapter 1, Article III, Penalties, of the Township Code.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 324-22 Restaurant hours of operation.

[Added 7-15-2003 by Ord. No. MC 3225; amended 9-9-2003 by Ord. No. MC 3235]

Any restaurant with a seating capacity of 10 persons or less, and without a public rest room, shall not be permitted to operate between the hours of 11:00 p.m. and 6:00 a.m. Monday through Friday and from 11:00 p.m. to 6:00 a.m. Saturday and Sunday.