[Adopted 10-10-2012 by Ord. No. 11-2012]
Any person violating any of the provisions of this article shall be subject to penalties as provided in Chapter
1, Article
II, General Penalty.
[Adopted 7-27-2011 by Ord. No. 11-2011]
As used in this article, the following terms shall have the
meanings indicated:
BED-AND-BREAKFAST ESTABLISHMENT
Shall also meet the definitions and standards established
by any applicable federal, state or local building, fire, health,
or safety code. Bed-and-breakfast establishments shall not include
establishments providing accommodations that are classified as "R-3
Bed-and-Breakfast Home Stay" or providing long-term accommodations
such as a rooming house or boardinghouse as defined by N.J.S.A. 55:13B-3.
COMPLIANCE CODES
All applicable federal, state and local codes regulating
bed-and-breakfast establishments including, but not limited to, building,
fire, health and safety codes.
OWNER
The title owner of record to property on which a bed-and-breakfast
establishment is proposed to be conducted.
PERSON
Any individual, firm, partnership, corporation, limited liability
company, voluntary association, incorporated association and any principal
or agent thereof.
Following the filing of the application, the Code Enforcement
Officer shall conduct an inspection of the property and shall issue
an approval or rejection of the application. Upon payment of the prescribed
fee, the license herewith shall be issued by the Municipal Clerk.
The license shall not be transferable from the person to whom issued
to any other person. In the event of a change of the owner/operator,
of a bed-and-breakfast establishment, a new license shall be applied
for and obtained before the new owner/operator may conduct business
on the premises.
The license fee shall be as provided in Chapter
168, Article
II, and shall be valid for one year from the date of issue. It shall be the licensee's responsibility to renew the license on a timely basis. Any license not renewed within 30 days after expiration will be deemed lapsed and a new application will be required along with the application fee as provided in Chapter
168, Article
II, and the satisfaction of all requirements to obtain a license.
Any license issued hereunder may be suspended or revoked by
the Mayor and Council of the Borough of Atlantic Highlands upon conviction
for violation of the terms of the license or of any Borough ordinance,
state or federal statute or regulation including, but not limited
to, violations of compliance codes, misrepresentation or falsification
in applying for a license. After a written complaint is filed with
the appropriate agency, and upon the determinations thereof, the Mayor
and Council must, within 45 days, schedule a hearing and may or may
not at that time proceed with an action to revoke or suspend the license.
A. Temporary suspension. If the violation concerns the health, safety
and welfare of the Borough or the guests of the established bed-and-breakfast,
a temporary suspension may be issued by the hand delivering of such
notice of suspension and by mailing a notice, by certified mail, to
the owner, at the address appearing on the application. The temporary
suspension notice shall state at a time certain, within 10 days from
the date of notice, that the opportunity for a hearing will be given
before the Borough Administrator, Municipal Clerk and Code Enforcement
Officer, who may continue the suspension of the license until such
time, as previously stated, in which the governing body has to convene.
B. In the event of the failure of a licensee to appear at any of the
above-mentioned hearings, the license shall automatically be revoked
and the establishment closed.
Prior to the issuance of any license or annually, prior to renewal,
the premises shall be inspected by the appointed Code Enforcement
Officer and Fire Marshal to confirm compliance with all federal, state
and local regulations and other compliance codes. The license holder
shall also permit inspection by an authorized Official of the Borough
at any time to insure compliance with the terms of the license, upon
24 hours' notice or, in the case of an emergency, without notice.
The maximum penalty upon conviction by any person, firm, corporation
or entity who shall violate any of the provisions of this article
shall be by one or more of the following: imprisonment in the county
jail or in a place provided by the municipality for the detention
of prisoners, for any term not exceeding 90 days; or by a fine not
exceeding $2,000; or by a period of community service not exceeding
90 days; and each violation of any of the provisions of this article,
and each day the same is violated shall be deemed and taken to be
a separate and distinct offense.