[Adopted 3-18-1942 by Ord. No. 524]
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.
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.
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.
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.
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.
[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.
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.
[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.
[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]
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.
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.
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.
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.
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.
[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. 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.
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.
[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.
[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.
[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.
[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.