[HISTORY: Adopted by the Mayor and Council of the Borough of Riverton 4-10-1997 by Ord. No. 10-97. Amendments noted where applicable.]
A bed-and-breakfast establishment as defined within the Land Use Ordinance of the Borough of Riverton shall not be operated in the Borough of Riverton by any person, firm or corporation until:
The Borough Council authorizes the issuance of up to, but no more than, seven licenses for bed-and-breakfast establishments to operate within the Borough of Riverton: four bed-and-breakfast home licenses and three bed-and-breakfast lodge licenses.
The application form and a list of all accompanying documents required for approval of a license of a bed-and-breakfast establishment may be obtained from the Borough Clerk. Upon completion, the forms shall be returned to the Borough Clerk along with a nonrefundable application fee in the amount of $100 to cover the costs of processing and a license fee of either $50 for a bed-and-breakfast home or $100 for a bed-and-breakfast lodge. If not granted, the license fee will be returned to the unsuccessful applicant.
Contents of application. The application at a minimum shall contain the following information:
Name and address of applicant. The applicant shall state whether it is a person, corporation, partnership or association. If the applicant is not a person, then the applicant shall provide the name and addresses of all members or stockholders of the entity. In addition, the owner or principal of the owner who will operate the establishment as resident manager must be provided. The name and address of the registered applicant for all corporations shall be provided.
Description of premises. The applicant shall provide a full description of the premises to be licensed. This description shall include a diagram of the existing interior of all structures located on the premises. It shall also include a drawing to scale slowing all existing improvements and any new improvements which are to be constructed to service the needs of the establishment.
Description of alterations. The applicant shall provide a detailed list of all alterations it intends to make to any existing structure on the premises to accommodate alterations it intends to make to any existing structure on the proposed establishment.
Name and address of the owner. If different than the applicant, the name and address of the owner of the premises sought to be licensed, together with their consent to the application, shall be provided.
Name, address and experience of the resident manager. The applicant shall provide the name, address and experience which qualifies the person to manage the establishment sought to be licensed of the proposed resident manager.
Certifications. The applicant shall certify that all taxes, whether local, state or federal in nature, are current and will remain current during the operation of the establishment. The applicant shall also certify that the premises is free of all code violations or, by the renovations contemplated by the application, will be made free of such violations prior to occupancy of the premises as a licensed establishment.
Planning Board approval. Along with its completed application form, the applicant also shall submit a copy of the Riverton Planning Board's approval of the applicant's conditional use application. The applicant shall demonstrate to the Council how the applicant intends to comply with any conditions imposed on the conditional use approval by the Planning Board.
The Borough Council shall grant a license to operate a bed-and-breakfast establishment if a license is available to be issued and the applicant demonstrates that it can comply with the operational standards set forth below.
All bed-and-breakfast establishments will be operated in the following manner:
Use. The principal use of the premises shall be residential.
Resident manager. A designated individual shall act in the capacity as a resident manager for each bed-and-breakfast establishment, provided that:
For a bed-and-breakfast home, the owner shall serve in the capacity as resident manager, and the premises shall be the principal domicile of the owner.
For a bed-and-breakfast lodge, the resident manager will be an owner or a principal of the owner. The resident manager must reside at the lodge, and his name must be kept on file with the borough.
Occupancy limit. No more than one family unit or two individuals shall be lodged in any one room.
Limit on residency. No guest shall reside at an establishment for more than 14 days within any thirty-day period.
Operational controls. All trash will be stored indoors or in an outdoor enclosure of a design approved by the Planning Board which keeps all trash containers invisible from the public right-of-way and from any other property.
Guest register. A current guest register shall be maintained, including names, addresses and dates of occupancy of all guests.
Service of meals. Breakfast shall be available to all guests. No meals other than breakfast shall be served to guests. No patrons may be served food other than registered guests of that bed-and-breakfast establishment.
A licensed establishment. The premises shall remain in continuous compliance with all codes and ordinances of the borough, including but not limited to the Uniform Construction Code Act, Fire Code and all like regulations regarding health and food service. The owner shall obtain and keep in continuous force all required approvals.
Clean appearance. Portions of the premises which are visible from the public right-of-way shall be kept clean and in good repair.
Conditional use condition. The premises shall continue to demonstrate compliance with the conditions of the conditional use approval.
Taxes. Licensees shall, as a condition to their license, pay all taxes, whether local, state or federal in nature, when and as due.
Financial capacity. Licensees shall demonstrate, as a condition to the license, that they have the financial capacity to execute the responsibilities imposed upon them by the grant of the Planning Board's conditional use approval and to implement the standards set forth within this chapter.
No other business. No business other than the operation of the bed-and-breakfast establishment may be conducted on the premises, except for any business which may be otherwise permitted in a residential district.
The owner of a licensed bed-and-breakfast establishment shall renew its license annually, upon the payment of the annual license fee. The renewal date shall be the anniversary of the date the license first became valid for operation following an inspection by the Borough Code Enforcement Officer, as provided herein. If the establishment has been found to be in violation of any of the terms and conditions of this chapter, the Borough Council, after a hearing, shall have the right to deny renewal unless the licensee can demonstrate that the violation has been abated and further violations are unlikely.
A bed-and-breakfast home license or bed-and-breakfast lodge license shall be automatically forfeited if any of the following shall occur:
Abandonment. A bed-and-breakfast establishment shall have no registered guests during a period of 180 consecutive days.
Fraud. If any material information provided by the applicant, either at the public hearing on the conditional use application or submitted in writing for the license, is determined by the Borough Council to be false.
Violation. If two violations of this chapter occur during any license year.
Conditional use. A conditional use approval for a bed-and-breakfast establishment is issued to a specific premises and cannot be transferred to any other premises.
Exchange. A bed-and-breakfast home license cannot be exchanged for a bed-and-breakfast lodge license or vice versa without reapplication for conditional use approval and license.
Sale. If a bed-and-breakfast establishment is in full compliance with the terms and conditions of this chapter and its conditional use approval, its owner may transfer the license for a bed-and-breakfast establishment to a new owner when title to the premises is conveyed. However, the new owner must file an amended license application form within 30 days of settlement or the license is forfeited. Such a filing shall not require any license fee and shall not cause the term of the outstanding license to be extended. All terms, conditions and obligations pursuant to this chapter bearing on the original owner shall continue in full force for any subsequent owner.
Presence of violations. The license of any bed-and-breakfast establishment shall not be transferable if the premises and/or its owner are in violation of any of the terms and conditions of this chapter at the time of settlement.
This chapter shall be enforced by the Code Enforcement Officer of the borough. No permit or license of any kind as provided in this chapter shall be issued by him for any purpose except in compliance with the provisions of this chapter, a decision of the Planning Board or Council, or decision by a court.
Inspection. Each bed-and-breakfast establishment shall be subject to inspection by the Borough Code Enforcement Officer for compliance with all applicable borough ordinances. The first inspection must be performed and the premises found in compliance before the bed-and-breakfast home license or bed-and-breakfast lodge license shall be valid for operation. Inspections may be made semiannually thereafter or in response to specific citizen complaints filed in accordance with this chapter. Premises with outstanding violations shall be subject to inspection at any time at the discretion of the Code Enforcement Officer. Current guest registers and those for the immediately preceding twelve-month period shall be available for inspection by the Borough Code Enforcement Officer at any time with reasonable notice.
Complaints. Whenever a violation of this chapter is believed to have occurred, any person may file a written and signed complaint. The complaint shall state the nature of the alleged violation. It shall be filed with the Code Enforcement Officer. He shall record promptly any such complaint and immediately investigate and take appropriate action thereon as provided by this chapter.
Notice of violation. If the Code Enforcement Officer shall find that any of the provisions of this chapter are being violated, he shall notify the person responsible for such violations in writing, both by certified mail and hand delivery to the premises, indicating the nature of the violation, and after appropriate hearing, if requested, order the action necessary to correct it. The date of hand delivery of the notice of violation shall constitute the violation notice date for the purposes of this chapter.
Violation of the provisions of this chapter can cause harm to the citizens of the borough which is cumulative over time. Thus, it is the intent of this chapter that penalties for violations will accrue over time.
Any person, partnership or corporation who or which shall violate the provisions of this chapter shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than $1,000. In default of payment of the fine, such person, the members of such partnership or the officers of such corporation shall be liable to imprisonment for not more than 90 days, or both, at the discretion of the sentencing magistrate. Whenever such person has been officially notified by the Code Enforcement Officer (i.e., on the violation notice date) or by service of a summons in a prosecution or in any other official manner that he is committing a violation, then each day after that a violation is continued shall constitute a separate offense and be punishable by like fine or penalty.
For any and every violation of the provisions of this chapter, the owner, resident lodge manager or other persons interested in any premises where any such violation has been committed or shall exist, and who refuses to abate said violation within five days after written notice has been served upon him either by mail or personal service, shall for each and every violation be subject to punishment as a disorderly person. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this chapter.
If any violation remains outstanding for longer than 60 days, the bed-and-breakfast home license or bed-and-breakfast lodge license shall be automatically suspended, and the establishment's operation shall cease. In this event, if the violation can be remedied through the performance of specific repairs, the borough may, at its discretion, perform those repairs and pursue any legal avenue to recover the costs of such repairs from the owner.