[HISTORY: Adopted by the Mayor and Council of the Borough of Atlantic Highlands 10-10-2018 by Ord. No. 19-2018. Amendments noted where applicable.]
No business or commercial establishment to which the public is invited within the Central Business District or the Historic Business District, as set forth in Chapter 150, Development Regulations, as amended or as may hereafter be amended or supplemented, shall be open to the public or conduct any such business, operations or activities in any manner before 5:00 a.m. on any day and after midnight on the same day, seven days per week.
The following businesses and commercial establishments, if not otherwise excluded pursuant to § 110-1, shall be excluded from the application of § 110-1, all being either otherwise regulated by law, deemed to involve minimal nuisance characteristics, necessary to the public health, safety, welfare or convenience, or some combination of the foregoing, as follows:
Establishment licensed for the sale of alcoholic beverages pursuant to Chapter 85, Alcoholic Beverages, § 85-7, Hours, of the Code of the Borough of the Atlantic Highlands whose hours and mode of operation are governed separately by Borough ordinance and by N.J.S.A. 33:1-1 et seq. of the Laws of New Jersey pertaining to alcoholic beverages.
Movies and other theatrical performances, provided that the final performance or feature film on any given date commences at or before midnight.
Automatic teller machines (ATM's) associated with banks that would otherwise be closed.
Hotels and motels.
Incidental activities, not involving business operations or sales or services, within or about any business or commercial establishment which may be required in advance of or after the hours of operation permitted by § 110-1 including but not limited to, preparation of food and baked goods for retail sale, 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.
Any person, firm or corporation who shall violate any provision of this chapter shall be punishable upon conviction, as provided in Chapter 1, General Provisions, Article II, General Penalty, § 1-15, Violations and penalties of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.