[HISTORY: Adopted by the Township Council of the Township of Livingston as indicated in article histories. Amendments noted where applicable.]
Special sales — See Ch. 244.
Editor's Note: Former Art. I, Sunday Closings, adopted 11-5-1979 as §§ 9-73 and 9-76 of the 1979 Revised General Ordinances, was repealed 3-5-2012 by Ord. No. 2-2012.
[Adopted by Ord. No. 10-1989 (§§ 9-78 to 9-81.3 of the 1979 Revised General Ordinances)]
The purpose of this article is for the regulation of the opening and closing hours of all business and commercial establishments to which the public is invited in the interests of the protection of the employees. The provision and requirements of this article shall not apply to, nor include, any business or commercial establishments issued a license or permit for on-the-premises consumption of alcoholic beverages.
The following terms, when used in this article, shall be construed as follows:
- RETAIL ESTABLISHMENT
- An establishment, enterprise or business that sells to the general public goods, merchandise, food or material.
No retail establishment, as herein defined, to which the general public is invited shall be open for business between the hours of 12:00 midnight and 6:00 a.m. prevailing time (2400 to 0600 hours), unless the following terms and conditions are implemented and approved:
That there are at least two employees on continuous duty in that portion of the retail establishment to which the public is invited, or one employee and the following:
That the retail establishment shall have in operation a video camera in addition to a silent and/or audible burglar alarm system which is connected to a central security monitoring system designed to activate police response; and
That the video camera and burglar alarm system shall be approved by the Chief of Police, Township of Livingston, or his designee.
That the retail establishment shall implement the following crime prevention measures:
A burglarproof drop safe shall be used on the premises that regulates a clerk's access to cash.
The retail establishment shall post a window sign which is conspicuous and asserts that a safe is located on the premises, but that the safe is not accessible to employees of the retail establishment.
Signs shall be put in a visible place indicating that the retail establishment does not keep more than $100. The exterior portion of the retail establishment, including parking area, shall be well lit throughout the night and early morning hours Said lighting shall be designed so as to not unduly interfere with any neighbor's reasonable use and/or enjoyment of the property.
Each retail establishment shall be located not less than 200 feet from any residential property line.
On May 1, 1989, and each succeeding year, a retail establishment that chooses to open during the aforesaid hours shall file a certification of compliance with the Clerk of the Township of Livingston. Each certification shall state that the retail establishment is in compliance with § 95-5 hereof and that said equipment is in proper working order. The equipment must be approved as to proper working order by the Chief of Police, Township of Livingston, or his designee, within two weeks of the applicant's filing of a certification of compliance.
Any retail establishment as herein defined which already is in operation between the hours of 12:00 midnight and 6:00 a.m. need not comply with § 95-6 of this article.
Any person(s) who shall violate any of the provisions of this article shall, upon conviction thereof, be subject to a fine not exceeding $500.