[HISTORY: Adopted by the Township Committee of the Township of Elk 7-15-2025 by Ord. No. O-16-2025. Amendments noted where applicable.]
The purpose of this chapter is to regulate the business hours of all industrial, commercial, retail and personal service businesses in the Township of Elk to:
A. 
Improve the quality of life for residents in the residential areas of the Township, particularly during the late night/early morning hours.
B. 
Decrease the incidence of arrests, criminal activity, nuisance complaints, and littering associated with large crowds of individuals congregating in, or in close proximity to, residential areas in the Township during the late night/early morning hours, which individually and collectively have a negative impact on the quality of life for residents.
C. 
Discourage activities that compromise the public safety of residents and business patrons in certain areas of the Township during the late night/early morning hours.
D. 
Provide the efficient, effective and economical provision of scarce government resources in addressing each of the aforementioned purposes.
For the purposes of this chapter, the following terms shall have the following meanings:
PERSONAL SERVICES
Establishments primarily engaged in providing services involving the care of a person or his or her goods or apparel, including, but not limited to, laundering, tattoo and/or body piercing, hair and body care, tailoring, pet accessories, spas, tanning salons, nutrition/weight loss centers and nail salons.
RETAIL FOOD ESTABLISHMENTS
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 package or may come packaged and sold in bulk quantities. Examples of retail food establishments include, without limitation, grocery stores, ice creams stores, retail mini-marts, bakeries and delicatessens, whether or not connected or attached to another business or service.
RETAIL SALES
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.
A. 
Industrial, commercial, retail and personal service businesses may operate in the Township only within the time restrictions set forth in this section:
(1) 
Monday through Sunday: 6:00 a.m. to 10:00 p.m.
B. 
Notwithstanding any other provisions of this chapter, the time limitations in this section do not apply to the following:
(1) 
Holders of plenary retail consumption or retail distribution licenses under the Alcoholic Beverage Law, N.J.S.A. 33:1-1 et seq., which holders are subject to the aforesaid state law and the Township's Alcoholic Beverages Ordinance; and
(2) 
All farming operations which are protected by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
Any person who shall violate any of the terms or provisions of this chapter or shall commit or do any act or thing prohibited by the terms of this chapter shall, upon conviction thereof, be subject to a fine not less than $250, nor more than $500 for a first offense and a fine not less than $500, nor more than $750 for a second and subsequent violation. Offenses on separate days shall be deemed to be separate offenses, so that a continued violation from day to day shall be construed to be a new violation for each day such violation occurs.