[Adopted 11-24-1998 by Ord. No. 98-13 as
Ch. 240 of the 1998 Code]
A code regulating retail food establishments
and fixing penalties is hereby established pursuant to N.J.S.A. 26:3-69.1
et seq. A copy of the code is annexed to this article and made a part
of it without the inclusion of the text thereof herein.
The code established and adopted by this article
is described and commonly known as the "Retail Food Establishment
Code of New Jersey (1965)."
Three copies of the Retail Food Establishment
Code of New Jersey (1965) have been placed on file in the offices
of the Secretary of the Board of Health and the Township Clerk for
the use and examination of the public.
The code is amended in Section 1.82 to read
as follows:
1.82. "Health Authority" shall mean regular
and special patrolmen and superior officers of the Police Department,
the Township Building Inspector or Building Official, the Plumbing
Inspector, the Health Official, or any other official authorized by
the Board of Health to enforce this code and chapter.
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[Adopted 4-27-2004 by Ord. No. 04-07;
amended 12-14-2004 by Ord. No. 04-19]
No retail sales or service business shall conduct
any such business before 6:00 a.m. on any day, after 11:00 p.m. on
the same day on Mondays through Thursdays, or after 12:00 midnight
on Fridays through Sundays and legal holidays, in any manner, if located
within 250 feet of any building or structure zoned or occupied for
residential purposes.
For purposes of this article, the above-specified
minimum distance of 250 feet shall be measured on a straight line:
A. From the point in any building or structure used for
any such retail or service business closest to the nearest building
or structure zoned or occupied for residential purposes; and
B. To that point on any such residential building or structure closest to the point referred to in Subsection
A hereof; but
C. Excluding any residential building or structure occupied
by the owner, operator or any employee of the retail or service business
concerned.
The following retail sales and service business operations, and activities ancillary and customarily incidental thereto, including food service, shall, if not otherwise excluded pursuant to §
400-6 hereof, be specifically exempted from the application of this article, all being either otherwise regulated by law, deemed to involve minimal nuisance characteristics, necessary for the public health, safety or convenience, or some combination of the foregoing, as follows:
A. Establishments licensed for the sale of alcoholic beverages pursuant to Chapter
91 of the Ewing Township Code, whose hours and mode of operation are governed separately by Township ordinances and by N.J.S.A. 33:1-1 et seq. of the laws of New Jersey pertaining to alcoholic beverages.
B. Barbershops, barber schools or barber colleges.
C. Bowling alleys operating within the interior of an
enclosed building or structure.
D. In-house cafeterias 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.
E. Gasoline service stations, provided such operations
do not include automobile or truck repair or body and fender repair
work during the hours prohibited by this article.
G. Medical and dental services, including hospitals,
nursing homes and rehabilitation centers.
H. Movies or other theatrical performances, provided
that the final performance or featured film of any given date commences
at or before 11:00 p.m. on that date.
I. Supermarkets, groceries, convenience stores selling
food products within the interior of an enclosed building or structure
primarily for off-premises preparation or consumption.
J. Restaurants, offering full-service meals on a twenty-four-hour
basis, seven days a week.
K. Incidental activities not involving retail sales or
service within or about any retail or service business which may be
required in advance of or after the hours of operation permitted by
this article, including, but not limited to, cleaning and sweeping,
off-street loading and unloading of inventory and supplies, and disposal
of waste and garbage, provided such activities are carried on in such
reasonable manner as to emit the least possible noise.
Establishments selling only prepared foods for
purposes of immediate take-out off-premises consumption only may apply
to Council to operate after the hours designated in this article as
provided hereafter:
A. Any such take-out only services provided by an establishment
that also permits on-premises seating and consumption during regular
hours must close all such seating off from the public from 11:00 p.m.
to 6:00 a.m. Mondays through Thursdays and from 12:00 midnight to
6:00 a.m. Fridays, Saturdays and Sundays.
B. Any establishment wishing to remain open for take-out
purposes only must submit a security plan to the Chief of Police demonstrating
the measures that the establishment intends to implement to prevent
the congregation of the establishment's customers in the parking lot
and ares surrounding the establishment. Establishments having submitted
a security plan that has been approved by the Chief of Police may
apply to Council for authority to operate after the hours established
by this article.
C. Failure to submit a satisfactory security plan that
has been approved by the Chief of Police or if the police indicate
that the operation of the establishment during extended hours constitutes
a nuisance, noise detriment or security risk to patrons and the surrounding
residential areas shall result in rejection of the establishment's
request for extended hours of operation.
D. An establishment serving take-out that received authority
to operate after the hours established in this article must reapply
to Council for authority to operate after the hours established in
this article if an incident occurs at the establishment during such
extended hours in which the police are summoned. For any such reapplication
for authority to continue to operate in extended hours, the establishment
must provide proof, satisfactory to the Council, that the police do
not consider the continued operation of the establishment during such
extended hours to be a nuisance, noise detriment or security risk
to the surrounding residential areas.
Any person, firm or corporation violating any
provision of this article shall, upon conviction therefor, pay a fine
of not to exceed $500, with each violation or day of continued violation
constituting a separate offense.