Title
AN ORDINANCE AMENDING AND SUPPLEMENTING, TITLE VIII, BUSINESSES AND OCCUPATIONS, CHAPTER 30, REGULATION OF CONVENIENCE STORES, SECTION 2, REGISTRATION OF ALL NEW AND PRE-EXISTING CONVENIENCE STORES, TO CREATE SUBSECTION 8:30-2(A), PROHIBITED DISTANCE FROM EXISTING CONVENIENCE STORES, AND TO FURTHER INCLUDE THE INCREASING OF FINES AND PENALTIES SET FORTH IN SECTION 8:30-13, VIOLATION AND PENALTY.
Sponsor(s): Council Member, Patrick O. Council
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WHEREAS, the Municipal Council on behalf of the City of Newark wishes to create distance between new and existing convenience stores citywide; and
WHEREAS, the City realizes the need to amend existing enforcements and penalties; and
WHEREAS, the Municipal Council finds and declares the following amendments to the Revised General Ordinances of the City of Newark, New Jersey, 2000, are deemed necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Note: Additions are shown in Bold and Underlined. Deletions are shown in Strikeouts.
SECTION 1. Title VIII, Business and Occupations, Chapter 30, Regulation of Convenience Stores, Section 2, Registration of all New and Pre-Existing Convenience Stores, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, to create a new subsection 8:30-2(a), Prohibited Distance from Existing Convenience Stores and increase existing fines and penalties established in 8:30-13, Violation and Penalty as follows:
CHAPTER 30, Regulation of Convenience Stores
§ 8:30-2(a) PROHIBITED DISTANCE FROM EXISTING CONVENIENCE STORES.
No person shall keep, maintain, or operate a convenience store in the City of Newark without first having registered with the Police Official.
a. No new, newly constructed or established convenience store shall be permitted to be maintained, located or operated within 500 feet of any existing convenience stores in the City of Newark, New Jersey.
§ 8:30-13 VIOLATION AND PENALTY.
Any person, firm, corporation, limited liability company, partnership, or other business entity or commercial establishment of any type whatsoever violating the provisions of this section or any other sections in this Chapter shall, upon conviction, pay a fine of at least $100 $500.00 but not more than $500 $1,000.00 and may be subject to imprisonment for of not more than 60 days or top a period of community service for a period of not more than 60 days or both, in the discretion of the Court. A separate offense shall be deemed committed on each day or part thereof during or on which a violation occurs or continues.
SECTION 2. All City ordinances or portions of ordinances inconsistent herewith are hereby repealed to the extent of their inconsistency only.
SECTION 3. Severability. If any provision of this amendment shall be deemed unenforceable by a Court of competent jurisdiction, the remainder of the amendment shall remain in full force and effect.
SECTION 4. This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
SECTION 5. Codification. This Ordinance shall be a part of the Code of the City of Newark as though codified and fully set forth therein. The City Clerk shall have this Ordinance codified and incorporated in the official copies of the Code. The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Newark in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.
STATEMENT
This Ordinance amends Title VIII, Business and Occupations, Chapter 30, Regulation of Convenience Stores, Section 2, Registration of all New and Pre-Existing Convenience Stores, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, to create a new subsection 8:30-2(a), Prohibited Distance from Existing Convenience Stores, to prohibit the opening, construction, establishment and/or operation of a convenience store within 500 feet of an existing convenience store and increase existing fines and penalties established in 8:30-13, Violation and Penalty.