[HISTORY: Adopted by the Township Committee of the Township of Hanover 3-24-2016 by Ord. No. 11-16; amended in its entirety 9-9-2021 by Ord. No. 27-2021. Subsequent amendments noted where applicable.]
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) 
This chapter shall apply to all retail sales or retail service establishments operating within the Township of Hanover to which the public is invited, either outright or on a membership basis, unless excluded by this chapter or by other applicable law. For the purpose of administering this chapter, a "retail sales establishment" shall be defined as an establishment engaged in the selling or rental of goods or merchandise and in some cases rendering services incidental to the sale of such goods, usually to the general public for personal use or household consumption, but also to business and institutional customers. A "retail service establishment" shall be defined as an establishment engaged in providing services or entertainment, as opposed to products, to the general public for personal or household use, and in which said services and entertainment are provided to the public on the same site as the establishment.
(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:
(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 and motels;
(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; and
(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.
A. 
No retail sales or retail service establishment to which the general public is invited shall be open for business between the hours of 12:00 midnight and 5:00 a.m. prevailing time, unless permitted or exempted by this chapter.
B. 
On any property located within 250 feet of any residential property within a residential zone district, no retail sales or retail service establishment to which the general public is invited shall be open for business between the hours of 10:00 p.m. and 6:00 a.m. the following day, unless permitted or exempted by this chapter. Said distance shall be measured from the property line of the commercial establishment to the property line of the residential use. For purposes of administering this regulation, a "residential property" and "residential zone" shall mean a property in any municipality used primarily for residential purposes and uses accessory thereto, and a zone in any municipality intended to be developed and used primarily for residential purposes.
A. 
Any retail sales or retail service establishment to which the general public is invited between the hours of 12:00 midnight and 5:00 a.m. shall comply with the following:
(1) 
There shall be at least two employees on continuous duty in that part of the business or commercial establishment to which the public is invited.
(2) 
The retail sales or retail service establishment shall employ a security officer, or the premises shall have in operation a security device approved by the Chief of Police of the Township, which may consist of a silent and/or audible burglar alarm connected to a central security monitoring system designed to activate police response, a closed circuit television connected to a central security monitoring system designed to activate police response, or such other device which can be activated instantaneously to notify law enforcement officers that a crime or disorderly person's activity is in progress.
(3) 
A burglarproof drop safe that regulates a clerk's access to cash shall be used on the premises.
(4) 
The exterior portion of the retail sales or retail service establishment, including parking areas, shall be well lit during business hours. Said lighting shall be designed so as to not unduly interfere with any neighbor's reasonable use and/or enjoyment of the property.
B. 
Any retail sales or retail service establishment to which the general public is invited that operates between the hours of 12:00 midnight and 5:00 a.m. shall file an annual certification of compliance with the Township Clerk. The following provisions shall apply:
(1) 
Each certification shall state that the establishment is and will remain in compliance with § 220-3A and that all security equipment provided in conformance with § 220-3A is and will remain in proper working order.
(2) 
The certification of compliance shall be filed at least 45 days prior to:
(a) 
The desired date upon which such operation is to begin; or
(b) 
The end of the calendar year for any annual certification renewal.
(3) 
Prior to the start of such operation, the equipment must be approved as to proper working order by the Chief of Police, Township of Hanover, or his designee.
(4) 
The certification of such operation shall expire at 11:59 p.m. on December 31 of the same calendar year, unless renewed in accordance with this section.
(5) 
The renewal of the annual certification shall require the filing of a new certification in accordance with the same procedures as set forth in § 220-3B(1) through (4).
The Chief of Police or his/her designee may make periodic inspections of a retail sales or retail service establishment which operates between the hours of 12:00 midnight and 5:00 a.m. to ensure that the establishment is in compliance with this chapter.
Any person(s) who shall violate any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $1,000. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.