[HISTORY: Adopted by the Township Committee
of the Township of Cinnaminson 12-19-2007 by Ord. No. 2007-26.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 356, Motels and Housing Accommodations, adopted 5-17-2006
by Ord. No. 2006-5.
The recitals set forth above are incorporated
herein by reference as if set forth at length.[1]
[1]
Editor's Note: A complete copy of Ord. No.
2007-26, including the recitals mentioned in this section, is on file
in the Township offices.
The Township Committee finds and determines
that it is important for the safety of visitors to our community to
control vice, disturbances and narcotics offenses; and to protect
the general public and for peace and good order. To meet these goals,
the Township requires certain security measures at motels and temporary
housing accommodations, including requiring the licensing of motels
and mandating additional requirements necessary to ensure safety based
in part on minimum standards required for a motel to receive or renew
a motel operation license and requiring additional registration requirements
and limiting the length of stay of guests.
For the purpose of this chapter, the following
words will have the following meanings:
Any person who exercises occupancy or is entitled to occupancy
by reason of a contract or voucher or by other payment method from
a state, county or local agency or not-for-profit corporation engaged
in providing housing accommodations for the right to occupy the premises
for a period of one calendar month or less. Any such person so occupying
space in a motel shall be deemed a "transient" up to and including
the last day of a calendar month. In determining whether a person
is a "transient," uninterrupted periods of time extending both prior
or subsequent to the effective date of this chapter may be considered.
Any structure or any portion of any structure which is occupied
or intended or designed for occupancy by transients for dwelling,
lodging or sleeping purposes. For purposes of this chapter, the term
“motel” shall include any hotel, inn, tourist home or
residential rental housing having three or more rental units or apartments,
or any other similar structure or portion thereof.
Any person who exercises occupancy or is entitled to occupancy
by reason of concession, permit, right to access, license or by other
payment of any money for the right to occupy the premises for a period
of up to 31 calendar days or less, counting portions of the calendar
days as full days. Any such person so occupying space in a motel shall
be deemed a "transient" up to and including the 31st day of occupancy.
In determining whether a person is a "transient," uninterrupted periods
of time extending both prior or subsequent to the effective date of
this chapter may be considered. “Non-contract guest” shall
not include the owner and his immediate family or one specifically
identified employee and his family occupying a living unit on-site
equipped with a full kitchen and separate living and sleeping quarters,
where same is available. Existing motel rooms shall not, however,
be converted to create such living space.
The use or possession or the right to the use or possession
of any room(s) or portion thereof in any motel for sleeping purposes.
Any person, as defined herein, and including agents, employees,
and independent contractors thereof, responsible for the day-to-day
management and performance of motel activities.
Any individual, firm, partnership, joint venture, association,
social club, fraternal organization, joint-stock company, corporation,
estate, trust, business trust, receiver, trustee, syndicate or any
other group or combination acting as a unit
The consideration charged, whether or not received, for the
occupancy of space in the motel valued in money, whether to be received
in money, goods, labor or otherwise, including all receipts, cash,
credits and property and service of any kind or nature, without reduction
therefrom whatsoever.
One whose presence in Cinnaminson Township is temporary or
fleeting.
Any person, not employed by or a registered guest of a motel,
not including minors and dependents of registered guests.
A.
It shall be unlawful for any person, partnership,
firm, corporation or entity to establish, operate, maintain, occupy
or offer for occupancy any property owned, controlled or leased by
him as a motel as defined herein, without first having secured a license
from the Township of Cinnaminson. Said license shall be for a period
of no more than one year commencing January 1 and terminating December
31 of each calendar year and shall be renewable for additional periods
of one year.
When any person shall, by the use of signs,
circulars, business cards, newspapers, other publications, radio or
television stations, advertise or solicit patronage, actively or passively,
it shall be considered prima facie evidence of the operation of a
motel, and a license shall be required for the ownership and/or operation
of a motel.
A.
Applications for a Cinnaminson Township motel operation
license shall be made on or before November 1 of each year on a form
approved by the Township Committee 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. 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
of Cinnaminson regulated by this chapter.
B.
Each applicant for such license shall make written
application on forms supplied by the Township Clerk setting forth:
(1)
The full name, phone number, address and post office
address, if applicable, of the applicant (if a corporation, provide
the names and addresses of the president and secretary and registered
agent, if applicable; if a partnership, provide the names and addresses
of all partners).
(2)
The exact location of the proposed licensed premises,
including the street address, and block and lot number as described
on the Tax Map of the Township of Cinnaminson.
(3)
A description of the business, structure and accommodations
upon said land, including a statement of the number of sleeping units
and the maximum number of persons who can be accommodated at any given
time.
(4)
The name, address and owner of said lands and buildings and the name and address of the individual, corporation, partnership or other entity renting said building if different than Subsection B(1) above. In the event that the entity which owns or leases the licensed premises is a corporation, the name and address of the officers of the corporation and the particular position they hold, the name and address of any stockholder holding 10% or more of stock, or indirectly, or in any way beneficially of the corporation which is seeking a license and the name, address and phone number of the registered agent, if applicable.
(5)
The name(s) of the person or persons on the licensed
premises upon whom process may be served.
(6)
A statement acknowledging whether the applicant has
ever held a motel or hotel license and whether said license(s) has
ever been denied or revoked and setting forth details of same.
(8)
The name and address of the applicant's attorney,
if applicable.
(9)
The telephone number(s) where the owner(s) and/or
his or her agent may be reached in the event of an emergency.
C.
The application must contain a certification that the statements made by the applicant in connection with the application and covering the information requested in Subsections A and B are true and that the applicant makes such statements to induce the Township of Cinnaminson to issue a license to operate a motel covering the applicant's business and that the applicant agrees to comply with all rules, regulations and laws of the State of New Jersey and Township ordinances applicable to same.
D.
The application shall be accompanied by a payment in the amount of the license fee for the period involved. In the event that the license applied for shall be denied, said fee shall be returned to the applicant less 10% thereof to cover investigation costs relative to said application plus the cost of notice required under § 356-7G.
E.
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.
F.
Unless the applicant opts for third-party inspection, the application for an issuance of a license hereunder shall constitute the consent of the applicant to an inspection of the licensed premises by the Police Department, using the standard established at § 356-7B, for the purpose of determining whether there exists on the premises sought to be licensed compliance with the appropriate registration requirements as defined herein. The applicant shall be given twenty-four-hour notice of this inspection to ensure the owner's/operator’s presence during such inspection. This requirement in no way limits the Police Department's or other law enforcement agency’s ability to perform unannounced inspections as part of ongoing investigations to prevent or discover criminal activity.
[Amended 11-15-2021 by Ord. No. 2021-13]
G.
Unless the motel license is currently under a suspended
or revoked status, the motel will be permitted to operate while the
Township considers a pending original or renewal application.
A.
Each applicant shall make an application 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.
B.
Upon application for a license, the Township Clerk
shall send a copy of same to the Police Department, the Township Administrator,
Township Zoning Officer, Fire Inspector and Construction Code Official.
Each of the foregoing departments or agencies shall have 14 days from
the date of the application to inspect the premises and issue a written
report determining whether or not the premises comply with this chapter
and the rules and regulations and laws of the State of New Jersey.
The Township shall coordinate the date and time of its inspection
and provide twenty-four-hour notice to the motel owner. In lieu of
inspection by the Police Department, an applicant may request that
the Police Department’s review be performed by a neutral third-party
inspector, subject to the Township’s approval of the proposed
inspector and with the costs of the inspection to be paid for by the
applicant. The third-party inspector shall coordinate with and provide
its findings to the Township Police Department. If the premises comply,
the Police Department and other authorized agencies shall provide
the Township Clerk with a written notice of such approval. Thereupon,
if the applicant has complied with the other licensing provisions
set forth in this chapter, the Township Clerk shall issue a license
in accordance with the terms and conditions of this chapter.
[Amended 11-15-2021 by Ord. No. 2021-13]
C.
The Township of Cinnaminson shall issue a motel operation license only when said motel is in compliance with the registration standards established in this chapter, including evidence of maintenance of the occupancy requirements of § 356-10.
D.
If, upon inspection, the premises do not comply with
the registration requirements set forth in this chapter, the Police
Department and other authorized agencies shall provide the Township
Clerk with a written report setting forth the specific violations.
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 premises will not be considered and the operator
shall have 30 days to cure deficiencies prior to reinspection. If
the inspection revealed deficiencies based on fire, zoning or construction
defects, the applicant shall make the necessary application to the
appropriate agency to cure the deficiency within 14 days of notice
and cure said deficiency within 60 days of such notice. The Township
reserves the right to take immediate action outside the scope of this
licensing ordinance to abate an issue which, in the Township’s
sole discretion, is a life-safety issue. The applicant shall have
the right to request a hearing before the Township Committee to reconsider
the inspection report. Said request for hearing must be in writing
and received within five business days from receipt of notice sent
by the Township Clerk.
E.
The Township Committee shall set a date for a hearing
to be held on the denial of said application at a reasonable time
thereafter or, in the case of a new license, not later than 30 days
from the date of a written request for a hearing unless the applicant
requests or consents to a postponement.
F.
A copy of all reports and investigations shall be
made available to the applicant, upon request, at least seven days
prior to any hearing date set by the Township Committee on a particular
license.
G.
The Township Clerk shall make notice, not less than
seven days prior to the hearing, in the official newspaper of the
Township and by certified mail, return receipt requested, to all property
owners with 200 feet of the applicant’s property line, using
a straight line from the property line, of the time, place and location
of the hearing concerning the denial of license application and the
manner in which interested parties may make proper objection either
in writing or through oral testimony. Such objection must be based
upon an alleged violation of laws promulgated or enacted by the federal,
state, county or local government. The applicant has the right to
contest any objection presented.
H.
In the event that objections in writing are filed with the Township Clerk as to the issuance or renewal of a particular license or objections are made orally on the night set for issuance or renewal of a license or the date of the hearing described in Subsection F above, the Township Committee shall then proceed to hear the objections and all evidence for and against the issuance of such license and within 10 days determine whether to issue or renew a license or deny same if the evidence presented indicates good cause for the denial of a license. A refusal to issue a license shall be in writing, and the reasons for a denial shall be stated. If the circumstances warrant, the Township Committee may hold an additional hearing on a date set by the Township Committee meeting for the renewal or issuance of a license(s).
I.
Nothing contained herein shall prevent the Township
of Cinnaminson 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 complaint in a court of competent jurisdiction.
J.
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 motel purposes shall cease.
A.
All structures, buildings, dwellings, houses or parts
thereof used for the purposes herein regulated shall comply with the
Uniform Construction Code or building codes in existence at the time
of the issuance of the certificate of occupancy, the Land Use Development
Ordinances, the Uniform Fire Safety Code, health ordinances and other
applicable ordinances of the Township of Cinnaminson and with the
rules, regulations and laws of the State of New Jersey. Any area of
renovation shall be done at the uniform construction standards existing
at the time of renovation and with proper permits issued by the Township
of Cinnaminson when necessary.
B.
All fire escapes shall comply with the rules, regulations
and ordinances of the Township of Cinnaminson and the 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.
C.
Each motel shall be equipped with sufficient hand
fire extinguishers, as determined by the Fire Marshal, whose discretion
shall be informed and guided by the New Jersey Uniform Fire Safety
Code, which shall be at all times in working order and readily accessible
to the occupants.
D.
All such licensed accommodations shall be provided
with an adequate supply of potable drinking water, together with toilets
and lavatory facilities for guests, and shall contain not less than
one separate toilet for each five guests. Said toilet and lavatory
facilities shall be maintained in a clean and sanitary manner and
disinfected daily.
E.
All trash or other waste matter shall be kept in closed
containers, and provisions shall be made for removal of all trash,
waste matter or garbage from the licensed premises.
F.
All entrances to motels shall be adequately lighted
after dark, and all ground areas about motels shall be adequately
illuminated.
A.
The annual fee for each license hereunder shall be
the sum of $75 plus $25 per each unit containing sleeping quarters
for units one through 10; $15 for units 11 through 20; $10 per unit
thereafter.
B.
The annual fee for each license issued hereunder shall
be prorated where the license shall not have been issued on January
1 of each year. 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.
C.
Payment of said fee shall accompany the filing of
the application for licenses and any intention to renew thereafter.
D.
Except as otherwise provided, all license fees shall
become part of the Township's treasury.
E.
Where the licensee is engaged in more than one activity
as enumerated in this chapter, at the same location, which may be
subject to more than one fee, said licensee shall be required to pay
that fee which would be charged for the activity assessed the highest
fee.
All motels are required to meet the following
minimum security requirements:
A.
Guest registration regulations.
(1)
Every registering guest shall furnish to an operator
of a motel satisfactory identification as part of the registration
process for the hire of lodgings at that motel by the transient.
(2)
No room shall be rented to any person who shall be
under 21 years of age at the time of the rental when not accompanied
by a parent or legal guardian or providing proof of emancipation.
Said age is set to deter security issues associated with underage
drinking.
(3)
Satisfactory identification for legal residents of
the United States shall consist of one of the following: valid driver’s
license issued in the transient’s state; a federal, state or
county government photograph identification card; military identification
card; a passport; or any other form of valid government identification
on which the guest’s photograph appears. For persons legally
residing outside the United States, valid government identification
shall include an official passport, U.S. visa, INS alien registration
card or INS border crossing card.
(4)
The operator of the motel shall maintain a record log and photocopy of the identification produced by the guest(s). The record log shall include the name of the transient, current address, ID number (i.e., motor vehicle license number) and state or country of issuance of identification, date of birth, date and time of check in and check out, method of payment and make, model and license plate number of guest vehicle, if guest intends to park vehicle at establishment. Irrespective of method of payment, the motel operator shall comply with Subsection A(1) of this section.
(5)
An operator shall notify any guest who fails or refuses
to provide proper identification or refuses to identify occupants
to any operator that a room will not be rented.
(6)
The record log shall be made immediately available for inspection
by the Chief of Police, or his designee, who shall be a uniformed
police officer, and shall also be immediately available to any member
of the Cinnaminson Police Department or other law enforcement agency,
in the event of a police service incident at the motel. Said log shall
be kept by the motel owner for a period of no less than three years.
[Amended 9-21-2015 by Ord. No. 2015-15; 11-15-2021 by Ord. No. 2021-13]
(a)
The officer shall request to inspect the record log by asking
the operator, or the operator's designee who is "on duty" and/or working
at the time, to inspect the record. If inspection is refused, the
operator or the operator's employee/designee must secure the record
in the presence of the officer or an authorized representative of
the Police Department or other law enforcement agency, in a manner
directed by the officer or authorized representative, to ensure that
no one can tamper with the record and so that the record can be maintained
securely in the presence of the officer or authorized representative
until such time as an administrative subpoena, an administrative search
warrant, or other court order has been issued or denied. If the operator
or the operator's designee cannot be located, or if inspection is
refused, the police officer or an authorized representative may seek
entry by serving the issuance of the administrative subpoena, an administrative
search warrant, or other court order authorizing the inspection of
the record log.
(b)
Whenever possible, the inspection shall be conducted at a time
and in a manner that minimizes any interference with the operation
of the business.
(c)
No person shall alter, deface or erase the record so as to make
the information recorded in it illegible or unintelligible or hinder,
obstruct, or interfere with any inspection of the record under this
section.
(d)
If, upon refusal to allow the officer to inspect the record,
and the officer requires the record to be secured, the officer or
authorized representative must apply for the administrative subpoena,
administrative search warrant, or such other court order in an expeditious
fashion, but within no less than 48 hours following said refusal.
(e)
Administrative subpoena/administrative search warrant.
[1]
In the event that the law enforcement officer or authorized
representative seeks an administrative search warrant, same shall
be sought and processed and the conduct of same shall be in accordance
with applicable New Jersey Court Rules and/or other statutes.
[2]
In the event that the law enforcement officer or authorized
representative seeks an administrative subpoena, then same may only
be sought if the Township's governing body has established an Investigative
Committee under the New Jersey Municipal Investigations Act, N.J.S.A.
40:48-25 et seq. Should the governing body form such an Investigative
Committee, it shall be entitled to exercise all powers delegated to
it under said statutory provisions, including the authority to issue
subpoenas such as those contemplated herein.
[3]
In the event that the law enforcement officer or authorized representative
seeks an administrative search warrant or administrative subpoena,
the operator of the motel may obtain a precompliance review by a Township-approved
neutral third-party decision maker who shall review the Police Department’s
demand to review the motel records to determine if the administrative
search warrant or administrative subpoena would be enforceable.
(7)
The duties imposed on an operator by this chapter
shall not be interpreted or applied so as to violate or cause the
violation of the Americans with Disabilities Act of 1990 (P.L. 101-336).
(8)
In
lieu of inspection by the Police Department, an applicant may request
that review under this section be performed by a neutral third-party
inspector, subject to the Township’s approval of the proposed
inspector and with the costs of the inspection to be paid for by the
applicant. The third-party inspector shall coordinate with and provide
its findings to the Township Police Department.
[Added 11-15-2021 by Ord. No. 2021-13]
B.
Parking requirement regulations.
(1)
The operator shall inform each guest that vehicles
must be parked nose in to the parking space. For security reasons,
back-in parking will not be permitted. In addition to informing the
guest at check in that nose-in parking is required, the operator shall
conspicuously post the property with permanent signs no less than
10 inches in height by eight inches in length which state "Nose-in
Parking Required - $100 fine – Ord. 356-10."
[Amended 7-16-2012 by Ord. No. 2012-16]
(2)
The operator shall inform the guest that failure to
abide by this request may result in Police Department action.
(3)
All persons utilizing parking spaces on a motel property shall park
their vehicles nose in to the parking space. For security reasons,
back-in parking will not be permitted.
[Added 7-16-2012 by Ord. No. 2012-16]
C.
Frequency of rental. The operator shall not rent any
room more than two times during any twenty-four-hour period, beginning
at 12:00 noon and ending at 12:00 noon the following day.
D.
Occupancy. The sleeping accommodations of a motel
shall be rented only for the use of contract and non-contract guests
as transient occupants and shall not be used or occupied on any permanent
basis, and no such occupant shall be deemed to be a resident therein.
Every licensed premises shall maintain at all times a complete register
of all rentals therein and the true identification and correct dates
of occupancy of each person using any room on the licensed premises.
(1)
Contract guests. No contract guest shall use or occupy
any room or a portion of any room in any motel for more than a calendar
month or more than one month during any three calendar months.
(2)
Non-contract guests.
(a)
No non-contract guest shall use or occupy any
room or a portion of any room in any motel for a period of more than
31 consecutive days or more than 31 days during any ninety-day period.
A portion of a calendar day shall constitute a full day.
(b)
A minimum of seven days prior to the expiration of the thirty-one-day limit, it shall be an affirmative duty of the operator to petition the Chief of Police in writing to permit a non-contract guest to avail himself of the use of the motel for a period longer than 31 days when such non-contract guest provides (i) proof of current, valid residency more than 30 miles from Cinnaminson Township and is utilizing the motel while performing a temporary function or service in Cinnaminson Township such as employment on a construction project or (ii) where the non-contract guest is in need of temporary quarters while improvements are being performed on the non-contract guest’s primary residence making it temporarily uninhabitable, where such time frame remains limited to a definite timeline and where vacancy of the motel premises will occur at the conclusion of the construction project or the primary residents becomes habitable. The decision to permit any stay longer than 31 days remains at the sole discretion of the Chief of Police and may be appealed to the Township Committee in the same manner as provided for denial of license as provided in § 356-7 of this chapter.
E.
Identification of renters; renting for improper purposes
prohibited. 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 illegal or immoral purpose.
The licensee's failure to set forth the true identity and correct
hours shall serve as prima facie evidence of violation of this provision.
F.
Restriction on ownership and management. The operation,
conduct and management of a motel shall not be under the management
of, control or supervision of any person convicted of a felony or
any conviction involving the sale of drugs and/or narcotics, prostitution
or underage drinking. No person shall own, directly or indirectly,
more than 10% 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 or she has been convicted of a crime as described in this subsection.
G.
Maintenance and enforcement of no rent/no trespass
list.
(1)
The Township shall maintain and provide a no rent/no
trespass list of persons convicted of any crime while on a Cinnaminson
motel property or while registered as a guest at a motel in the Township.
(2)
The operator shall refuse to further rent any room
on the premises to said guest on the list or allow the individuals
on said list to remain on the property. At no time shall the operator
allow the person on the list or members of the person’s party
to visit other properly registered guests or visitors.
(3)
Names shall remain on the no rent/no trespass list
for the remainder of the current calendar year and the next immediate
calendar year (i.e., up to one year and 364 days).
H.
Notification to police of suspicious guests. The motel
operator shall make reasonable effort to notify the Cinnaminson Township
Police Department of the names and permanent addresses of guests that
behave suspiciously after check-in. Suspicious activity shall include
an act or event which causes an ordinarily prudent person to believe
that unlawful behavior is in process or imminent.
I.
Requirement of on-site manager 24 hours a day. The
operator shall cause the motel to maintain twenty-four-hour supervision
by an on-site manager. Said manager(s) will have supervisory responsibilities
over all other employees on site and shall serve as the first point
of contact for the Cinnaminson Police Department.
A.
In the event that the Township Committee finds upon
a written complaint filed that there is such a serious infraction
of the rules, regulations and ordinances of the Township of Cinnaminson
or the rules, regulations and laws of the State of New Jersey or 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 or the occupants of such licensed premises, the Township
Committee shall have the right to hold a hearing where said operator
and complainant will be given the right to provide testimony and be
subject to cross-examination regarding said complaint. Upon the Committee’s
finding of good cause, it may immediately suspend the license of such
person, firm, partnership, corporation or entity licensed under this
chapter. In the event that a license is suspended as set forth herein,
the operator must correct such issues and be reinspected before the
Township Committee will hold another hearing to reconsider the license.
The hearing to continue the suspension or revocation of the license
or take such other action as the Township Committee deems necessary
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 Cinnaminson
or the officers of the Township from proceeding against the applicant
in a court of competent jurisdiction. The Township reserves the right
to notify all financial interest(s) of said motel of denial, suspension
or revocation of a license.
B.
In the event the license is suspended or revoked,
the motel operator shall cause the contract guests and non-contract
guests to be removed from the motel within 48 hours from the decision
of the Township Committee. The motel operator shall be responsible
for any and all costs associated with the relocation of contract and
non-contract guests. In the event the motel operator fails to meet
said responsibility and the Township is required to arrange and provide
for the relocation of said guests, all costs and expenses incurred
by the Township in the course of action associated with said relocation
shall become a lien against the property.
A.
Imposition of occupancy tax. It is hereby imposed
within the Township of Cinnaminson a tax to be charged in accordance
with the provisions of Assembly Bill No. 3710, adopted June 30, 2003,
on charges of rent for every occupancy within a hotel, motel, or boardinghouse
room. The tax shall be at the rate of 3% on charges of rent for every
occupancy. Said tax shall be in addition to any and all taxes or fees
imposed under state statute or local ordinances upon the occupancy
of a hotel, motel, or boardinghouse. For purposes of this section,
the word “hotel” shall include motels and boardinghouses,
as well as hotels.
B.
Payment of and responsibility for occupancy tax.
(1)
All taxes imposed by this section shall be paid by
the occupant of the room. For the purpose of this section, “occupant”
shall be defined as a person who, for a consideration, uses, possesses
or has the right to use or possess any room in a hotel, motel, or
boardinghouse, under any lease, concession, permit, right of access,
license to use, or other agreement or otherwise.
(2)
The owner of the hotel and/or the person or entity
making the hotel room available for occupancy shall not assume or
absorb any of the tax imposed by this section.
(3)
The owner of the hotel and/or the person making the
room available for occupancy shall not in any manner advertise or
hold out any person or to the public in general, in any manner, directly
or indirectly, that the tax will be assumed or absorbed by the owner,
that the tax will not be separately charged and stated to the occupant,
or that the tax would be refunded to the occupant.
C.
Collection of tax.
(1)
The tax imposed by this section shall be collected
on behalf of the municipality by the person collecting the rent from
the hotel occupant. That person shall either be the owner of the hotel,
the manager or salesperson or other employee of the owner who arranges
with the occupant for the rental of the room.
(2)
Individual liability. Each person required to collect
the tax imposed by this section shall be personally liable for the
tax imposed, collected or required to be collected hereunder. Any
such person shall have the same right in respect to collecting the
tax from an occupant as if the tax were a part of the rent and payable
at the same time.
D.
Payment of tax to state; distribution by state to
Township.
(1)
A person required to collect the tax imposed under
this section as described above shall, on or before, the 28th day
of each month, forward to the Director of the Division of Taxation
in the Department of the Treasury, the tax collected in the preceding
month and shall make and file a return for the preceding month with
the Director on any form and containing any information as the Director
shall prescribe as necessary to determine liability for the tax in
the preceding month during which the person was required to collect
the tax. Should the Director determine to require payments of tax
liability at any intervals and based upon any collection classifications
other than described in this section, the person required to collect
the tax shall comply with any determinations made in that regard by
the Director.
(2)
The Director of the Division of Taxation shall collect
and administer the tax imposed under this section and shall determine
and certify to the State Treasurer, on a quarterly or more frequent
basis, the amount of revenues collected in each municipality. The
State Treasurer, upon certification to the Director and upon the warrant
of the State Comptroller, shall pay and distribute on a quarterly
or more frequent basis, as prescribed by the State Treasurer, the
amount of revenues determined and certified as described above, to
the Township of Cinnaminson.
The proper enforcement of the provisions of
this chapter dealing with licenses shall be within the jurisdiction
of the Township of Cinnaminson Police Department and within the jurisdiction
of those officers at the state, county and local levels of government
charged with providing the necessary inspections, regulations and
enforcement of the law.
A.
Noncompliance with the terms and conditions of this
chapter shall constitute a violation.
B.
Each and every day any violation of this chapter exists
or continues to exist shall be determined as a violation or offense
under this chapter.
C.
Any person, firm, partnership, corporation or entity
violating any provision of this chapter by the performance of a prohibited
act or by failing, neglecting or refusing to do any act or anything
required by this chapter shall, upon a trial and conviction by a court
of competent jurisdiction, forfeit or pay such fines not in excess
of the sum of $2,000 for each offense, or be sentenced to a jail term
not exceeding 90 days (if the convicted is a natural person) and/or
a period of community service not exceeding 90 days.
D.
Any owner or operator of a motor vehicle who shall park or allow his vehicle to be parked in violation of § 356-10B(3), upon a trial and conviction by a court of competent jurisdiction, shall pay a fine of $100.
[Added 7-16-2012 by Ord. No. 2012-16]
