Robert E. Levy
Partner
201-896-7163 rlevy@sh-law.comKey Contacts
Back
Most businesses in Camden, N.J. must continue to shutter their doors at 11 p.m. Plaintiffs, including 7-Eleven, recently lost a lawsuit challenging the city’s curfew, which is established by local ordinance.
Under the city’s ordinance, businesses located within residential zones or located in a commercial or mixed zone situated less than 200 feet from a residential zone must be closed from 11 p.m. until 6 a.m. (the curfew is extended to 12 a.m. on Friday and Saturday). There are limited exceptions to the Camden business curfew, including pharmacies and gas stations. Businesses found in violation of the ordinance face suspension or revocation of their business license.
In 7-Eleven Inc. v. City of Camden, CAM-L-5662-11, Superior Court Judge F.J. Fernandez-Vina refused to strike down the business curfew. He specifically rejected arguments that the ordinance overstepped the municipality’s authority, finding that the city’s goal of deterring crime around businesses in residential areas “is a valid exercise of police power by the governing body.” He specifically cited testimony by defense experts that areas around the city’s 26 late-night establishments had violent crime rates that doubled the city’s average.
Fernandez-Vina was also not persuaded by arguments that the ordinance threatened the profitability of local businesses. As the New Jersey Law Journal reports, 7-Eleven argued at trial that its two Camden locations would lose 30 percent of their sales, while the owner of two Crown Fried Chicken stores in Camden testified that at least 30 percent of his income came from late-night customers. However, the judge concluded that plaintiffs “failed to show even by a preponderance of the evidence presented that they would suffer a financial loss of any significance if the stores were required to close.”
As this case highlights, local ordinances may not always allow a company to operate under its existing business model. Therefore, it is important to thoroughly research all applicable rules and regulations before launching or expanding a New Jersey business.
If you have any questions about this case or would like to discuss the legal issues involved, please contact me, Robert Levy, or the Scarinci Hollenbeck attorney with whom you work.
- Practices: Corporate Transactions & Business
- Locations: Red Bank, NJ, Little Falls, NJ, New York City
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate
The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]
Author: Donald M. Pepe
Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand
Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]
Author: Donald M. Pepe
Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them
The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]
Author: Paul Grossman
When a Child Turns 18: The Gap in Your Family’s Estate Plan
Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]
Author: George McGowan
Business Mediation: An Overview and Practical Tips
Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]
Author: Paul Grossman
Top 5 Causes Leading to Construction Defect Litigation
The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]
Author: Paul Grossman
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.