[HISTORY: Adopted by the Township Committee of the Township of Readington 3-19-1984. Amendments noted where applicable.]
It shall be unlawful for any person, partnership, firm, corporation or entity to establish, operate, maintain, occupy, offer for occupation or permit to be established, operated, maintained, occupied or offered for occupation upon any property owned or controlled or leased by him a motel, hotel or residential rental housing having three or more rental units or apartments without first having secured a license from the Township of Readington. Such license shall be for a period of no longer than one year commencing on January 1 and terminating on December 31 of said year and shall be renewable for additional periods of one year. Licenses shall not be transferable from one person, firm, partnership, corporation or entity to another person, firm, partnership, corporation or entity except as provided in this chapter.
The application for issuance of a license hereunder shall constitute the consent of the applicant to an inspection of the entire licensed premises at reasonable times by the Health and Building Inspectors, Uniform Construction Code officials, Zoning Officer, Plumbing Inspector, Fire Inspector and other authorized agencies of the Township of Readington for the purpose of determining whether there is any violation on the premises of any ordinances of the Township of Readington, any law of the State of New Jersey or any rules, regulations or standards established pursuant to said ordinances or laws.
Any license issued hereunder shall terminate at any time after its issuance in the event that the use of the building or part thereof for such purposes shall cease.
Each applicant for such license shall make written application on forms prescribed and supplied by the Township Clerk, setting forth:
The full name, residence and post office address of the applicant.
The exact location of the proposed licensed premises, giving the street address, block and lot number as shown on the Tax Assessment Map of the township and the exact dimensions of the land upon which the business is to be conducted.
A description of the building, structure and accommodations upon said land, including a statement of the number of sleeping units, the maximum number of persons who can be accommodated at any given time, a description of the character of said building or structure as to the size, type of construction, whether or not the same is fireproof, has fireproof walls, and a description of the automobile parking spaces and facilities.
The name and address of the owner of said lands and buildings and the name and address of the individual or firm renting said buildings; in the event that the entity who owns or leases the licensed premises then happens to be a corporation, the name and address of the officers of the corporation and the particular position they hold, and the name and address of any stockholder holding 5% or more of the stock, directly or indirectly or in any way beneficially, of the corporation which is seeking a license.
The name or names of the person or persons on the licensed premises upon whom process may be served.
The application shall be accompanied by payment of the amount of the license fee for the period involved.
If the applicant is not the owner of the site where the business is to be conducted, the owner's written consent to the conduct of the business described in the application shall be annexed to the application.
Sixty days prior to the expiration of the existing license, each applicant shall make an application annually upon forms issued by the Township Clerk. This section shall apply to any individual, firm, partnership, corporation or entity who is now or in the future conducting any activity within the township limits regulated by this chapter.
Upon application for a license, the Township Clerk shall forthwith forward a copy of such application to the Health Officer, the Fire Inspectors, Plumbing Inspector, Chief of Police, Building or Uniform Construction Code Officer and any other authorized agency who has an officer who shall have the duty to inspect each premises which will be regulated by this chapter. Each of the foregoing individuals shall inspect the premises to determine whether or not the premises comply with the rules and regulations and ordinances of the Township of Readington and State of New Jersey. If the premises do comply, the respective officers shall provide the Township Clerk with a written certificate of such approval. Thereupon the Township Clerk shall issue a license in accordance with the terms and conditions of this chapter.
If the premises do not comply, the respective inspectors or officials shall provide the Township Clerk with a written report setting forth the specific violations of applicable ordinances, statutes, rules, regulations or standards. The Township Clerk shall thereupon transmit a copy of such reports citing violations to the applicant, together with written notice that a license for the property will not be issued until the violations contained in the reports are corrected. The applicant shall have the right to request a hearing before the Township Committee to reconsider the denial of the license. Such request must be in writing.
All written reports and certificates by the various officers charged with making an inspection under this chapter shall be completed within 14 days from the time an application is made. All written reports and certificates shall be transmitted to the Township Clerk.
The Township Committee shall set a date for a hearing to be held on the denial of said application at a reasonable time thereafter, which hearing, however, shall not be later than December 15 of each year, or in the case of a new license, not later than 30 days from receipt of a written request for a hearing unless the applicant requests or consents to a postponement.
A copy of all reports, certificates or investigations shall be made available to the applicant, if he so requests, at least seven days prior to any hearing date set by the Township Committee on a particular license.
After considering all evidence with respect to the application, the Township Committee may uphold the denial, direct that the license be granted or take other appropriate action for good cause, and if any application for a license is denied, the Township Committee shall state in writing the reason for the denial.
The license, when issued by the township, shall be displayed in a conspicuous place upon the licensed premises at all times.
Every applicant for and/or holder of a license under this chapter shall give the Township of Readington, through its officers, agents and employees, free access to the licensed premises to inspect the same at any time. It shall be unlawful to refuse such access or to impede, hinder or interfere with any official in the proper performance of his duties hereunder.
In the event that the Township Committee finds, upon a written report filed, that there is such a serious infraction of the rules, regulations and ordinances of the Township of Readington or the rules, regulations and laws of the State of New Jersey that the operation of a premises licensed hereunder will constitute a serious menace to the health, safety, welfare and morals of the people of the Township of Readington or the occupants of such licensed premises, the Township Committee shall have the right, upon the finding of good cause, to suspend the license of such person, firm, partnership, corporation or entity licensed under this chapter immediately. In the event that a license is suspended in this manner, the Township Committee shall, within seven business days, hold a hearing, unless the licensee requests an adjournment. A written report upon which the Township Committee originally based its determination shall be given to the licensee at the time it originally suspends a license. The hearing to continue the suspension or take such action as the Township Committee deems in its lawful discretion shall proceed, where applicable, in the same manner as if the proceeding were for the issuance of a new license.
Nothing contained herein shall prevent the Township of Readington or the officers of the township from proceeding against an applicant who is in violation of any of the provisions of this chapter by filing a summons in the Municipal Court of the Township of Readington.
At least 85% of the sleeping accommodations of a hotel or motel shall be rented only for the use of transient occupants and shall be offered for limited tenure only as defined by N.J.S.A. 55:13B-3d, unless said hotel or motel holds a valid and current license issued pursuant to the Rooming and Boarding House Act of 1979. Every licensed premises shall maintain at all times a complete register of all rentals therein, setting forth the true identification and correct hours of occupancy of each person using any room on the licensed premises.
A licensee shall have the authority to ask the head of a party or any person renting accommodations on the licensed premises for written evidence of his or her identity and residence and, in addition thereto, the full and true name and address of each member of his or her party; and in the case of an operator of a motor vehicle, the state, license or registration number of the motor vehicle conveying him or her to the licensed premises. In addition to the other rules and regulations proposed hereunder, no licensee shall knowingly rent, allow or permit any room on the licensed premises to be used for any immoral or illegal purpose, and the failure to set forth the true identity and correct hours of occupancy of any person shall be deemed knowledge on the part of the license holder of such immoral or illegal purpose or use.
All structures, buildings, dwellings, houses or parts thereof used for the purposes herein regulated shall comply with the requirements of state laws and regulations and with the requirements of this chapter or any other applicable ordinance of the township.
All fire escapes shall comply with the rules, regulations and ordinances of the Township of Readington and State of New Jersey. An exit light shall be installed in the passageway or doorway leading to any such fire escapes. Doors leading to fire escapes shall be unlocked from the inside at all times and shall open outward.
All structures, buildings, dwellings, houses or parts thereof shall comply with the Uniform Construction Codes, the Land Development Ordinances, the Uniform Fire Safety Code, health ordinances and other applicable ordinances of the township.
A licensee shall report to the proper authorities of the Township of Readington all cases of persons or animals affected or suspected of being affected with any communicable disease in or about the licensed premises.
The operation, conduct and management of a motel or hotel shall not be under the management, control or supervision of any person convicted of a crime involving moral turpitude or suffering from any contagious disease. No person shall own, directly or indirectly, more than 5% of stock or be an officer or director of any corporation or participate in any way in the management of any licensed premises if he shall be convicted of a crime involving moral turpitude.
The annual fee for each license issued hereunder shall be the sum of $5 for each unit containing sleeping quarters.
The annual fee for each license issued hereunder shall be prorated where the license shall not have been issued on January 1 of a year, and any period of a month over 15 days shall constitute a full month, and any period less than 15 days shall constitute a half month for the purposes of prorating the annual fee.
Payment of said fees shall accompany the filing of all applications for licenses or for any intention to renew thereafter.
Applications for such license shall be made on or before November 1 of each year on a form as set forth in this chapter and shall be signed and sworn to by the person, firm, partnership, corporation or entity actually engaged in such business and actually the true owners thereof.
All licenses issued hereunder shall be issued for a period of one year commencing on January 1 and expiring at 12:00 midnight on December 31 of the same year. All renewals shall be applied for and issued in a similar manner as the original application.
Noncompliance with the terms of this chapter shall constitute a violation.
Each and every day any violation of this chapter exists or continues to exist shall be determined a separate violation or offense under this chapter.
Any person, firm, partnership, corporation or entity violating any provisions of this chapter shall, upon conviction, be sentenced to a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days and/or a period of community service not exceeding 90 days.
Within 60 days of the effective date of this chapter, all parties subject to the provisions hereof shall make application for a license to the Township Clerk. Failure to make such application within the sixty-day period shall constitute a violation of this chapter.