[HISTORY: Adopted by the Township Committee of the Township of Hanover as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-14-2017 by Ord. No. 20-2017]
A. 
Guard required. Pursuant to the process set forth in Subsection B below, commercial establishments for which more than 10 complaints per month regarding alleged criminal activity are submitted to the Township's Police Department shall be required to have present on the premises an armed security guard for every twenty-four-hour period, during every day of the year, to patrol both buildings and grounds.
B. 
Security plan process.
(1) 
The Chief of Police shall create a written security plan for any commercial establishment within the Township for which the Township's Police Department receives more than 10 complaints regarding alleged criminal activity per month. The Chief of Police shall review each complaint to establish its validity as a complaint related to alleged criminal activity.
(2) 
The security plan shall be provided to the owner and operator of the commercial establishment with a notice advising the owner and operator of their right to a hearing before a Board consisting of the Township's Business Administrator, Chief of Police, and Township Health Officer. Five days prior to this hearing, the commercial establishment may submit an alternate security plan that it has devised for consideration by the Board.
(3) 
The Board shall make a final determination within 15 calendar days as to which plan is to be adopted by the Police Department.
(4) 
The final plan, as determined by the Board, shall be effective on the third day after the Board's final determination.
(5) 
If the number of complaints to the Police Department drops to 10 or below for two months in a row, the owner and operator shall be entitled to a reevaluation of the existing security plan by the Board for a possible revision.
C. 
Failure to comply. If a commercial establishment fails to comply with the security plan approved by the Board, the Township may seek relief in the Superior Court of New Jersey, Morris County, or employ its own police officers to enforce the plan, to be paid for by way of the Township seeking reimbursement from the property owner and/or operator.
As used in this article/section, the following terms have the meanings indicated:
ARMED SECURITY GUARD
A guard armed with a handgun which is licensed or otherwise allowed by law to carry such a weapon while performing the duties of a security guard.
COMMERCIAL ESTABLISHMENT
A. 
RETAIL SALES ESTABLISHMENTA building and/or property to which the general public is invited and at which goods and/or merchandise are available for sale or rent, primarily to the general public.
B. 
RETAIL SERVICES ESTABLISHMENTA building and/or property to which the general public is invited and at which services or entertainment are available for sale to the general public.