[HISTORY: Adopted by the City Council of the City of Garfield 7-11-1972 by Ord. No. 1494 (Ch. 204 of the 1979 Code). Amendments noted where applicable.]
[Amended 5-13-2025 by Ord. No. 3072]
A. 
"Retail business" means and includes any business which holds itself out to the general public for the sale of retail goods and services including, but not limited to, the sale of gasoline, food, prepared foods, groceries, snacks items, tobacco, household items, and cannabis.
B. 
It shall be unlawful to conduct any retail business upon any premises in the City between the hours of 10:00 P.M. and 6:00 A.M. Every retail business within the City shall be closed to the public, and business with the public therein shall be and is hereby prohibited after the hour of 10:00 P.M. and before the hour of 6:00 A.M. of any day.
C. 
It shall be unlawful to keep open for the public or to admit or allow the public to remain on or within any premises used as a retail business after the hour of 10:00 P.M. and before the hour of 6:00 A.M. of any day.
[Amended 12-16-2008 by Ord. No. 2543; 5-13-2025 by Ord. No. 3072]
A. 
The provisions of § 256-1 shall not apply to restaurants and taverns whose primary purpose is the sale at retail of prepared meals or food and/or beverages for consumption on the premises of such restaurants or taverns. These establishments are regulated pursuant to other provisions of the City Code.
B. 
The provisions of § 256-1 shall not apply to supermarkets, grocery stores or convenience stores whose primary purpose is the sale at retail of food and beverages in packaged form; provided, however, that such establishments are not located within 200 feet of a residence or a residential zone.
C. 
The 200-foot retail business location restriction shall be measured in all directions from the corners of the property on which the retail business is operated to the nearest property line of the residential property or residential zone.
[Amended 5-20-1980 by Ord. No. 1723; 4-25-2006 by Ord. No. 2457; 5-13-2025 by Ord. No. 3072]
Every person, firm or corporation including but not limited to franchisors and franchisees guilty of a violation of this chapter shall be punished by one or more of the following:
A. 
A fine not exceeding $2,000 for each violation; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days.
B. 
The imposition of a restraining order and permanent injunction by the Superior Court of New Jersey suspending operations subject to the dictates of this chapter without the need for posting of a bond or any undertaking or security and providing for civil penalties and the award of attorney's fees to the City for obtaining said relief.