[Adopted 4-19-2023 by Ord. No. 22-2023]
As used in this article, the following terms shall have the
meanings indicated:
Includes all of the following:
RESTAURANT, SIT-DOWNAn establishment where food and beverages, including alcoholic beverages, are prepared and sold and consumed primarily on the premises, where food sales constitute more than 50% of the gross sales receipts for all food and beverages. Such an establishment may include table or self-service, and food and beverages may be consumed either inside or at designated outdoor seating areas.
RESTAURANT, CARRYOUTAn establishment where food and beverages are prepared and sold for consumption on or off premises (customer tables or counters typically available). Such an establishment may take phone orders for food and may deliver food to customers.
RESTAURANT, DRIVE-THROUGHAn establishment where food and beverages are prepared and sold for consumption on or off premises, and which includes one or more drive-through customer service windows.
TAVERN or BARAn establishment where food and beverages, including alcoholic beverages, are prepared and sold and consumed on the premises, where food sales constitute 50% or less of the gross sales receipts for all food and beverages.
An establishment where food and beverages are offered for
retail sale for consumption off premises. Such foods or beverages
may be packaged in a ready-to-consume state or may come packaged and
sold in bulk quantities. Examples of retail food establishments include,
without limitation, grocery stores, ice cream shops, retail mini-marts,
bakeries, and delicatessens.
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods, including, but not
limited to, specialty shops and boutiques.
[Amended 6-12-2024 by Ord. No. 28-2024[1]]
Restaurants, retail food establishments, retail sales, and personal
services businesses identified by the Atlantic City Police Department
as areas of concern due to crimes involving but not limited to guns,
drugs, and other violent offenses are to be closed daily from 12:00
midnight to 6:00 a.m.
[1]
Editor's Note: This ordinance was vetoed by the Mayor 6-18-2024
and passed on reconsideration by City Council, and said veto overridden,
7-17-2024.
Restaurants, retail food establishments, retail sales, and personal
services businesses may operate in the City only within the time restrictions
set forth in this article.
Notwithstanding any other provisions of this article, the time
limitations in this article do not apply to the following:
The Director of Licensing and Inspections has the authority
and discretion to waive or modify the restrictions as recited herein
for specific days of the week, specific hours, specific dates, specific
events, and for as long a period of time or as short a period of time,
utilizing the following standards for waiver or modification:
A.
The hardship
that the restrictions herein may cause to commercial business, retail
business, office use, an event, festival, etc.
B.
The effectiveness
of the modification or waiver upon noise, traffic, and/or number of
individuals involved in the activity which is the subject of the restriction.
C.
Recommendations
and/or objections by individuals or the community that may be affected
by the waiver.
D.
Recommendation
and/or requirement of the Planning Board or Zoning Board of Adjustment
in an application before the Planning Board or Zoning Board of Adjustment.
Any person violating any of the provisions of this article shall,
upon conviction in the Municipal Court of the City of Atlantic City,
be punished for each offense by a fine not to exceed $2,000 or by
imprisonment for any term not exceeding 90 days in the county jail,
or in any place provided by the municipality for the detention of
prisoners, or both, in the discretion of the Municipal Judge.
