[Ord. 6PSF-G, 12-17-2014; Ord. 6PSF-A(S), 1-7-2016]
In this chapter, the following words and phrases shall have
the meanings stated in this section unless the context otherwise requires:
Shall mean a Certificate of Registration issued by the Police
Official under this chapter to the owner or operator of a convenience
store.
Shall mean basic food primarily for off-premises consumption,
household and/or pharmaceutical items.
Shall mean any retail establishment that sells convenience
goods, tobacco products, magazines, and having less than 10,000 square
feet of retail floor space accessible to the public. This definition
includes small retail stores located on the same parcel as, or operated
in conjunction with, a service station.
Shall mean any person who performs any service on the premises
of a convenience store on a full-time, part-time, temporary or contract
basis (including managers), whether or not the person is denominated
an employee, independent contractor, agent, or otherwise. Employee
does not include a person exclusively on the premises for repair,
maintenance or cleaning of the premises or for the delivery of goods
to the premises.
Shall mean the person designated in the registration application
filed under this chapter as being responsible for the daily operation
of a convenience store.
Shall mean any written notice that the Police Official is
required to give an applicant or registrant under this chapter.
Shall mean any individual, corporation, organization, partnership,
association, or other legal entity.
Shall mean the Director of the Department of Public Safety
for the City of Newark or person he may designate to act as the official
primarily responsible for the administration of this chapter.
Shall mean the person identified in the registration application
filed under this chapter who is authorized to receive on behalf of
the convenience store any legal process or notice required or provided
for in this chapter.
Shall mean a person issued a Certificate of Registration
for a convenience store under this chapter and includes all owners,
lessees and operators of the convenience store identified in the registration
application filed under this chapter.
[Ord. 6PSF-G, 12-17-2014]
No person shall keep, maintain, or operate a convenience store
in the City of Newark without first having registered with the Police
Official.
[Ord. 6PSF-G, 12-17-2014]
The Police Official shall implement and enforce this chapter
and may establish rules, regulations, or procedures as necessary to
carry out the purpose of this chapter.
[Ord. 6PSF-G, 12-17-2014]
a.
Each newly constructed or established convenience store within the
City of Newark must comply with the provisions of this chapter not
later than 30 calendar days following completion of construction or
commencement of business operations, whichever occurs first.
b.
A registrant must obtain a new Certificate of Registration within
30 calendar days after any change in the information contained in
the application for a Certificate of Registration for a convenience
store, including, but not limited to, any changes in ownership of
the convenience store, and any changes in the registered agent, manager,
or emergency contact person for the convenience store.
[Ord. 6PSF-G, 12-17-2014]
To obtain a Certificate of Registration for a convenience store,
a person must submit to the Police Official a notarized application
on a form provided by the Police Official. The applicant must be the
person who will own, operate, or manage the convenience store.
[Ord. 6PSF-G, 12-17-2014]
The application for registration shall be made to the Licenses
and Permits Unit on a blank form prepared and furnished by the Police
Official. Such application shall give the name and physical post office
address of the applicant, the location of the convenience store, the
name of the owner of the property and such other information as the
Licenses and Permits Unit may require to locate such business and
its owners and to show compliance with the provisions of this chapter
and any other applicable laws or regulations of the City of Newark.
[Ord. 6PSF-G, 12-17-2014]
a.
The Police Official shall issue to the applicant a Certificate of
Registration for a convenience store if the Police Official determines
that the applicant has complied with all requirements for issuance
of the Certificate of Registration.
b.
A Certificate of Registration must be displayed in a conspicuous
manner and location in the convenience store that is visible to the
public inside the store. The Certificate of Registration must be presented
upon request to the Police Official or any other designated agents
having responsibility for enforcement of this Code for examination.
[Ord. 6PSF-G, 12-17-2014]
The administrative fee for registration shall be $100.
[Ord. 6PSF-G, 12-17-2014]
a.
A Certificate of Registration for a convenience store expires December
31st of each calendar year.
b.
A registrant may apply for renewal within 30 calendar days prior
to the expiration of the Certificate of Registration by making application
to the Police Official. However, a Certificate of Registration must
be renewed within 10 days following expiration.
[Ord. 6PSF-G, 12-17-2014]
An applicant or registrant shall permit, at reasonable times
upon request, representatives any designated agent of the City of
Newark to inspect the interior and exterior of the convenience store
for the purpose of ensuring compliance with this chapter and other
City ordinances and State and Federal laws applicable to convenience
stores.
[Ord. 6PSF-G, 12-17-2014]
The applicant or registrant commits an offense if either personally
or through an agent or employee, the applicant or registrant refuses
to permit a lawful inspection of the convenience store as required
by this section or is found to be operating a convenience store in
the City of Newark without being registered with the Police Official.
[Ord. 6PSF-G, 12-17-2014]
a.
No convenience store to which the public is invited, shall be opened
to the public or conduct any such business, operations or activities
in any manner before 5:00 a.m. on any day and after midnight on the
same day on Mondays through Thursdays, or after 1:00 a.m. on Fridays
through Sundays and legal holidays.
b.
Except with respect to security lighting, all exterior and window
electrical lighting or illumination, whether temporary or permanent,
for each such business or commercial establishment shall be extinguished
at the closing time thereof, as established herein.
[Ord. 6PSF-G, 12-17-2014]
a.
The following convenience stores shall be excluded from the application of Section 8:30-12a, 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.
Establishments licensed for the sale of alcoholic beverages whose
hours and mode of operation are governed separately by City ordinances
and by N.J.S.A. 33:1-1 et seq. of the laws of New Jersey pertaining
to alcoholic beverages.
2.
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:
(i)
A security camera system that operates 24 hours
a day seven days a week;
(ii)
At least one of the security cameras within the
convenience store must be completely dedicated to monitoring the public
entrance door;
(iii)
There must be a camera or cameras that monitor
the entire area of the convenience store that is accessible by the
public; and
(iv)
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 be completely visible
from the adjacent street.
3.
In-house cafeteria and similar retail food operations customarily
servicing employees or residents of institutions but not the general
public, and operating within the interior of an enclosed building
or structure.
4.
Gasoline service stations, provided such operations do not include automobile, truck or other motor vehicle repair or body and fender repair work during the hours of operation prohibited by subsection 8:30-12a above.
5.
Hotels and motels.
6.
Medical and dental offices, hospitals, nursing homes and rehabilitation
centers.
7.
Movies and other theatrical performances provided that the final
performance or featured film on any given date commences at or before
11:00 p.m. on that date.
[Ord. 6PSF-G, 12-17-2014]
Any person, firm, corporation, limited liability company, partnership
or other business entity or commercial establishment of any type whatsoever
violating the provisions of this section or any other sections in
this chapter shall, upon conviction, pay a fine of at least $100 but
not more than $500 and may be subject to imprisonment for not more
than 60 days or to a period of community service for a period of not
more than 60 days or both, in the discretion of the court. A separate
offense shall be deemed committed on each day or part thereof during
or on which a violation occurs or continues.
[Ord. 6PSF-G, 12-17-2014]
Any waiver of or relief from the provisions contained in this
chapter, in whole or in part, must be sought by way of an application
made to the Police Official and filed by the applicant in the Licenses
and Permits Unit, pursuant to this chapter, and only the Police Official
shall have the authority to provide relief from and/or waive the provisions
contained in this chapter, in whole or in part.
[Ord. 6PSF-G, 12-17-2014]
All new and unregistered existing businesses operating as a
convenience store in the City of Newark shall be given notice of this
chapter by way of Business Registration Notices provided through the
Division of Tax Abatements/Special Taxes, Tax Collection Notices,
Water and Sewer Payment Notices or through any and all other appropriate
modes of communication as determined by the Police Official.
