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
New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments
New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]
Author: Wendy Rubinstein Quiroga
“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy
A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]
Author: Sean M. Pena
Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders
Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]
Author: Nicholas Wall
Navigating Disputes: Hire a Partnership Dispute Lawyer
A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
Author: Jay McDaniel
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know
When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Author: John D. Giampolo
Zoning Laws Explained: What You Need to Know Before Buying Property
Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga
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.