[Amended 12-12-2024 by Ord. No. 28-2024]
A.
Purpose. The purpose of this chapter is to regulate the opening and closing hours of retail sales and retail service establishments to which the public is invited and to require security measures for establishments that are permitted to operate during late night or early morning hours. It has been determined by the Township of Hanover that:
(1)
Unprotected and understaffed business and commercial enterprises are prey to the criminal element in our society during the late night and early morning hours;
(2)
Certain security devices must be provided in order to protect the general public, patrons, employees and law enforcement personnel; and
(3)
Retail business and commercial establishments open during late evening or early morning hours impose detrimental and disruptive effects upon the quality of life of area residents and the community as a whole.
B.
Scope.
(1) RETAIL SALES ESTABLISHMENT RETAIL SERVICE ESTABLISHMENT
This chapter shall apply to all retail sales or retail service establishments operating within the Township of Hanover, unless excluded by this chapter or by other applicable law. For the purpose of administering this chapter, the following definitions shall apply:
An establishment which is engaged primarily in the selling or rental of goods or merchandise to the general public for personal or household consumption, either outright or on a membership basis, and where the general public typically visits the location of the establishment to complete such sale or rental. Examples of retail sales establishments include, but are not limited to, stores selling groceries and beverages, electronic goods, furniture and appliances, hardware and home improvement supplies, household goods, printed matter, confectionery, pharmaceutical and personal care items, office supplies, stationery, etc.
An establishment which is primarily engaged in providing services or entertainment, as opposed to goods or merchandise, to the general public for personal or household use, either outright or on a membership or lease basis, and where the general public typically visits the location of the establishment to receive such services. Examples of retail service establishments include, but are not limited to, eating and drinking places; hotels and motels; finance, real estate, and insurance offices; personal services such as barbers or beauticians; physical fitness facilities; theaters and other amusement and recreation services; health, educational, and social services; museums; galleries; and self-storage facilities.
(2)
In case of any conflict between the provisions of this chapter and the provision(s) of any other chapter of the Code of the Township of Hanover, the more restrictive provision(s) shall apply.
C.
Exclusions. The provisions and requirements of this chapter shall not apply to the following; provided that the exclusion of any of the following uses shall not be construed to mean that such uses are permitted or prohibited in any location:
(1)
The operation of any retail sales or retail service establishment to which the public is invited during the hours prohibited by this chapter when such operation and hours were approved by the Township Committee, Township Planning Board, Township Board of Adjustment, Site Plan Exemption Committee or Township Building Department prior to April 1, 2016;
(2)
Hotels, motels, and other accommodation establishments which provide for the overnight lodging of persons;
(3)
Pharmacies during the hours that a pharmacist is present for the dispensing of prescription medicines to the general public;
(4)
Automated teller machines accessory to a bank;
(5)
Any retail sales or retail service establishment located on property having frontage on New Jersey Route 10;
(6)
Any convenience store, defined as an establishment primarily engaged in the retail sale of convenience foods and beverages, newspapers and magazines, located on property having frontage on Columbia Turnpike (County Route 510) or East Hanover Avenue (County Route 650), provided such property is not located within 250 feet of a residential zone district as prohibited by § 220-2B;
(7)
Any retail sales or retail service establishment permitted to carry on a business or commercial activity under the laws of the United States, the State of New Jersey or other municipal ordinance not inconsistent with the provisions of this chapter;
(8)
Any retail service establishment that provides on-premises inpatient or emergency health care services to persons and their domestic pets, including freestanding emergency medical centers and clinics, urgent medical care centers and clinics, general medical and surgical hospitals, residential health care facilities, and animal hospitals; and
(9)
Any social assistance establishment involving on-premises residential services, including community housing services, temporary shelters, and emergency and other relief services.