Borough of Hasbrouck Heights, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Hasbrouck Heights as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 133.
Fire prevention — See Ch. 139.
Property maintenance — See Ch. 206.
Rental property — See Ch. 212.
Zoning — See Ch. 275.
[Adopted 3-18-1942 by Ord. No. 524]

§ 160-1 Definitions.

The following words, as used in this article, are hereby defined as follows:
BOARDINGHOUSE
Includes any house, building, structure or dwelling in which three or more persons are lodged and served with meals for a consideration; provided, however, that the boarding of relatives, by blood or marriage, of the owner or occupant of such house, building, structure or dwelling shall not be included within the terms of this article.
CONDUCT
Refers to engaging in the business of keeping, maintaining, controlling, directing or managing a boardinghouse or a lodging house.
LODGING HOUSE
Includes any house, building, structure, dwelling or shelter, whether affixed to realty or not, in which three or more persons are lodged or permitted to sleep for a consideration; provided, however, that the lodging of relatives, by blood or marriage, of the owner or occupant of such house, building, structure, dwelling or shelter shall not be included within the terms of this article.
PERSON
Includes any person, persons, firm, association, partnership or corporation, whether principal or agent, servant or employee, conducting a boardinghouse or a lodging house.

§ 160-2 License required.

No person shall conduct a boardinghouse or a lodging house within the Borough of Hasbrouck Heights without first having applied for and received from the Mayor and Council of the Borough of Hasbrouck Heights a license for that purpose.

§ 160-3 Application information.

Every application for a license to conduct a boardinghouse or a lodging house within the Borough of Hasbrouck Heights shall be in writing and shall set forth:
A. 
The full name and address of the person in whose name such license is to be issued.
B. 
The location by street and number of the proposed boardinghouse or lodging house.
C. 
The full name and address of the owner of the premises upon which such house is located.
D. 
What portion of the premises is intended to be used for boardinghouse or lodging house purposes.
E. 
The size of the house and the character of the material of which it is constructed.
F. 
Whether or not the house is connected with a sewer.
G. 
The number, location and dimensions of each sleeping room.
H. 
The number of windows in each sleeping room.
I. 
The number of water closets and washbasins on each floor.
J. 
The number and description of all bathing and shower facilities on each floor.
K. 
The number of boarders or lodgers provided for in each sleeping room.
L. 
The number of boarders provided for in the dining room or rooms.
M. 
A description of the size, capacity and accommodations of the dining room or rooms of the proposed boardinghouse.
N. 
A description of the size, location, space for storage and ventilating facilities of the kitchen or kitchens of the proposed boardinghouse.

§ 160-4 Occupancy restrictions; minimum requirements.

No person conducting a boardinghouse or a lodging house shall permit more than two adult persons in any one sleeping room, nor shall he permit more than two adult persons in every 100 square feet of floor surface in any room in said boardinghouse or lodging house. Each room shall have adequate ventilation and adequate heating, lighting, toilet and bathing facilities. There shall be in each boardinghouse or lodging house at least one toilet, one bathtub or shower and one washstand for each six boarders or lodgers.

§ 160-5 Investigation; issuance of license.

A. 
Each application for a license to conduct a boardinghouse or a lodging house shall be made to the Borough Council of the Borough of Hasbrouck Heights, which shall cause the premises to be investigated by an authorized agent of the Borough.
B. 
If, in the discretion of the Borough Council, the place in which the proposed boardinghouse or lodging house is to be conducted is suitable for said purpose, a license shall be granted by resolution of the Borough Council directed to the Borough Clerk authorizing and directing him to issue said license upon the payment of the fees as hereinafter fixed.
C. 
Every license shall specify the name of the person to whom it is issued, the street and number where the boardinghouse or lodging house is located and for which the license is granted, the maximum capacity of said boardinghouse or lodging house and the time when the license expires. It shall be signed by the Borough Clerk and sealed with the Borough's Seal. No license shall be valid except for the place specified therein as the place where the boardinghouse or lodging house is to be conducted, and said license shall not be transferable, nor shall such license be deemed to grant or confer any vested right.
D. 
Every license may, for sufficient cause, upon notice and opportunity to be heard, be suspended or revoked by the Borough Council. If not sooner revoked, all licenses issued under this article shall expire on the 31st day of December next after the same shall have been issued. If issued after July 1, the fees thereof shall be 1/2 of the fee hereinafter fixed for such license.

§ 160-6 Registry book.

Each and every operator of a lodging house and boardinghouse in the Borough of Hasbrouck Heights will provide and maintain a registry book wherein shall be entered and recorded the name and home address of each lodger or boarder, the dates of arrival and departure and, if possessing or operating a motor vehicle, the make of vehicle and the license number. Said registry book will be permanently located at the place of lodging or boarding of the registrant and shall be available at all times for inspection by authorized representatives of the Borough.

§ 160-7 Fees.

[Amended 5-29-1990 by Ord. No. 1538; 4-11-2000 by Ord. No. 1893]
The fees for licenses for conducting a boardinghouse or lodging house shall be as set forth in Chapter 133, Fees.

§ 160-8 Existing houses.

Any person now conducting a boardinghouse or lodging house within the Borough of Hasbrouck Heights shall apply for a license, as herein provided, within 60 days after this article shall take effect.

§ 160-9 Violations and penalties.

[Amended 5-29-1990 by Ord. No. 1538; 2-10-2009 by Ord. No. 2201]
Any person who conducts a boardinghouse or a lodging house without first having obtained therefor the license provided for in this article or any person who, having obtained said license, violates or causes to be violated any provisions of this article shall, upon conviction, be subject to such penalties as are provided in Chapter 204 of this Code.

§ 160-10 Intent.

[Amended 5-29-1990 by Ord. No. 1538]
It is hereby declared that this article is intended to regulate both boardinghouses and lodging houses.
[Adopted 11-26-1984 by Ord. No. 1287]

§ 160-11 Definitions.

As used in this article, the following terms shall have the meanings indicated:
HOTEL and MOTEL
Any person, partnership, firm, association or corporation in the business of conducting a hotel, motel, inn, tourist home, rooming house or similar establishment where sleeping accommodations are furnished for pay to transients or permanent guests, whether meals are served therein to such transient or permanent guests. This definition shall not be construed to include any building defined as a multiple dwelling in N.J.S.A. 55:13A-3(k), nor shall it be applicable to any hotel or motel of fewer than four sleeping units or any operation of fewer than three furnished units or to the rental of single or individual units where the landlord lives on the premises.
LICENSEE
The holder of the license to conduct such hotel or motel business.
PERSON
An individual, firm, partnership, corporation or association of persons.

§ 160-12 License required.

Within the Borough of Hasbrouck Heights, no person shall engage in the business of conducting a hotel or motel without first obtaining a license therefor in accordance with the terms and provisions of this article.

§ 160-13 Issuing authority.

The governing body shall be the issuing authority for all licenses under this article and, through its agents, servants and employees, shall be responsible for the enforcement of its terms and provisions. Upon receipt of proof of satisfactory compliance by the licensee of all of the requirements of this article, the governing body may direct the Borough Clerk to issue the appropriate license.

§ 160-14 Application information.

A. 
Each applicant for such license shall make a written application on a form supplied by the Borough Clerk, setting forth:
(1) 
The name, residence and postal address of the applicant.
(2) 
The exact location of the proposed licensed premises.
(3) 
A description of the buildings, structures and accommodations upon said lands.
(4) 
A statement of the number of housing or lodging units at said hotel or motel and the maximum number of persons that can be accommodated at any given time.
(5) 
A description of the automobile parking spaces and facilities.
(6) 
The name and address of the owner of said land and buildings.
(7) 
The name or names of the person or persons on the licensed premises upon whom process may be served.
(8) 
A detailed description of the register or system used for the registration of persons to whom accommodations are extended as required.
(9) 
Whether any person or any partner of a partnership or any stockholder of a corporation holding 5% or more of the stock thereof or any director or officer thereof has ever been convicted of any crime and, if so, the details thereof, including, with respect to each conviction, the name of the person convicted, the date thereof, the nature of the crime, the court in which the conviction was entered and the punishment imposed.
(10) 
In the case of corporate applicants, the names and residences of all stockholders holding 5% or more of any stock of the corporation, the names and residences of all officers of the corporation and the office held by each.
B. 
Application change. Any change in the information set forth in the application during the terms of the license shall be forthwith communicated by the licensee in writing to the Borough Clerk.

§ 160-15 Criminal convictions barring issuance of license.

No such license shall be issued to any person who has been convicted of a crime involving moral turpitude, nor shall any such license be issued to any corporation in which any stockholders holding 5% or more of any of the stock thereof or in which any director or officer shall have been convicted of a crime involving moral turpitude.

§ 160-16 Employment of certain personnel restricted.

No licensee shall employ in, on or about the licensed premises any person convicted of a crime involving moral turpitude within a period of three years from the date of such conviction.

§ 160-17 Inspection of premises and investigation of applicant.

[Amended 4-14-1986 by Ord. No. 1353]
A. 
Upon receipt of an application hereunder, the Borough Clerk shall notify the Health Officer of the Board of Health, the Chief Inspector of the Fire Prevention Bureau and the Building Inspector, each of whom shall thereupon immediately cause an inspection of the premises to determine whether it complies with the Health Code of the Borough of Hasbrouck Heights, the Fire Prevention Code of the Borough of Hasbrouck Heights, the Zoning Ordinance of the Borough of Hasbrouck Heights and the Property Maintenance Code of the Borough of Hasbrouck Heights.[1] Each of the aforesaid officers shall certify to the Borough Clerk such compliance or, in the event that the premises does not comply, shall certify to the Borough Clerk those respects in which it does not comply. If complete compliance is found, the Borough Clerk shall proceed to process the application as provided hereunder; if noncompliance in any respect is found, the Borough Clerk shall so notify the applicant, return the application and deliver to the applicant a copy of the certificate of noncompliance.
[1]
Editor's Note: See Ch. 139, Fire Prevention; Ch. 206, Property Maintenance; and Ch. 275, Zoning.
B. 
Further, upon receipt of an application, the Borough Clerk shall notify the Chief of Police, who shall cause to be made an investigation of all persons named in the application as having direct or indirect ownership or management interest in the subject business to determine the existence of a criminal record or other evidence of bad moral character of such person. If such criminal record or other evidence of bad moral character is found, the application shall be presented to the Mayor and Council for its determination as to whether, by reason of the unfitness of one or several of the persons named, the issuance of a license to the applicant would be detrimental to public health and morals. The reasons for which an application may thus be denied by the Mayor and Council are:
(1) 
The applicant has made a material false statement or concealed a material fact in connection with his application.
(2) 
The applicant or any person named in the application pursuant to § 160-14A(1) or (6) was the former holder of a license similar to the one applied for here or was an officer, director, stockholder or partner in a corporation or partnership which held such a license, and which license has been revoked or suspended by the proper authority.
(3) 
The applicant or any other person named pursuant to § 160-14A(1) or (6) has been convicted of a crime involving moral turpitude as provided by § 160-15 hereof, as amended.
(4) 
The applicant or the persons set forth in the application as the owners of the business or premises are not the true owners thereof.
(5) 
The applicant or the persons named in the application pursuant to § 160-14A(1) or (6) are of bad moral character.
C. 
If an application is denied because of unfitness on one or more of the aforementioned grounds, the applicant shall be informed of the specific reasons for such denial and shall be entitled, at his request, to a hearing before the Mayor and Council, at which hearing the applicant shall be afforded full opportunity to offer any reasons which may tend to offset the fact on the basis of which his application was denied.

§ 160-18 License fee.

[Amended 4-11-2000 by Ord. No. 1893]
The annual fee per calendar year or for any part thereof for a license, as required by this article, shall be as set forth in Chapter 133, Fees.

§ 160-19 Term of license; display; transfer; fee.

[Amended 4-11-2000 by Ord. No. 1893]
Any license issued under the provisions of this article shall be for a term of one year, commencing January 1 and expiring December 31. No license fee shall be apportioned, regardless of the date on which such license may be issued. Each license shall be valid only to the licensee to whom it is issued and to such applicant to whom the license may be transferred as hereinafter provided. All licenses shall be displayed at a prominent place on the licensed premises. On applications made therefor setting forth the same matters and things as required by § 160-14 of this article, in connection with an original application for a license, the governing body, with the consent of the licensee and upon payment of a nonrefundable fee as set forth in Chapter 133, Fees, may authorize the transfer of a license.

§ 160-20 Keeping of register required; information.

A. 
Irrespective of the number of units/rooms of a hotel or motel, each licensee shall at all times maintain on the licensed premises a register consisting of consecutively numbered cards or consecutively numbered spaces in a numbered book which shall constitute the register of the licensed premises. Such register shall be preserved for three years upon the licensed premises.
B. 
No person shall occupy and no licensee shall permit any person to occupy any housing or lodging unit on the licensed premises unless each person or the head of the party who is to occupy such housing shall first:
(1) 
Display to the licensee or to a duly authorized agent or employee of the licensee in charge of the register written evidence of his identity and residence.
(2) 
Write in the register immediately following the latest registration, in ink and in his own handwriting, his full and true name and address and the name and address of each person to occupy the unit and, in the case of the operator of the motor vehicle or a member of his party who has arrived at said hotel or motel in a motor vehicle, the state license or registration number of the motor vehicle conveying him to the licensed premises. If the registrant does not write in the register the information herein required as to the motor vehicle, it shall be the duty of the licensee or his duly authorized employee to write in said information.
C. 
In addition to the foregoing information, the licensee shall cause to be written in the register, in ink, the number or name of the unit assigned to each registrant, the date and hour of registration, a brief description or designation of the identification displayed to the licensee by the registrant pursuant to Subsection B(1) of this section, the signature of the person taking or accepting the registration and the date when the occupant or occupants of each housing or lodging unit quits and surrenders the same.
D. 
Said register shall be kept and preserved by the licensee for three years and shall be available on request at any hour of the day or night to any police officer of the Borough.

§ 160-21 Suspension or revocation of license; hearing.

A. 
Any license issued under this article may be suspended or revoked by the governing body for any of the following causes, provided that said licensee shall be afforded a hearing and reasonable notice of such hearing prior to such suspension or revocation before the governing body.
(1) 
The violation by the licensee of any provisions of this article.
(2) 
Knowingly permitting the licensed premises to be used regularly, along or in association with others, for lewdness or public indecency, both defined by Title 2C of the New Jersey Statutes Annotated (New Jersey Code of Criminal Justice), or any disorderly conduct or any other violation of the law or failure to make reasonable effort to abate such use by ejecting such tourists, transients, travelers or other occupants of the licensed premises, notifying law enforcement authorities or other legal means.
(3) 
False statements made in an application for a license.
(4) 
Convictions of a crime involving moral turpitude by:
(a) 
The licensee, if an individual.
(b) 
Any stockholder holding 5% or more of a corporate license.
(c) 
Any director or officer of said corporate license.
B. 
Notice of the hearing for suspension or revocation of a license shall be given in writing setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be given personally or mailed to the licensee at his last known address at least five days prior to the date set for such hearing.

§ 160-22 Payment of property taxes required.

[Added 5-29-1990 by Ord. No. 1538]
Prior to the issuance or renewal of a license required by this article, payment of delinquent property taxes or assessments is required pursuant to N.J.S.A. 40:52-1.2. Where there has been a failure to pay the taxes due on the property for three consecutive quarters, the license issued pursuant to this article may be revoked.

§ 160-23 Violations and penalties.

[Amended 5-29-1990 by Ord. No. 1538; 2-10-2009 by Ord. No. 2201]
Any person who violates any provisions of this article shall, upon conviction thereof, be subject to such penalties as are provided in Chapter 204 of this Code. The continuation of each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violations may be subject to the punishment provided for above for each separate offense.