[HISTORY: Adopted by the Township Committee of the Township of Stillwater 8-18-1998
by Ord. No. 98-4 (Ch. XXII of the 1971 Revised General Ordinances).
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 such person, a motel, hotel,
rooming house, boardinghouse housing boarders, bed-and-breakfast and/or inn
without first having secured a license from the Township of Stillwater to
operate such establishment. Said license shall be for a period of no longer
than one year, commencing January 1 and terminating December 31 of said year,
and shall be renewable for additional periods of one calendar year. Such license(s)
shall not be transferable from one person, partnership, firm, corporation
or entity except as provided in this chapter.
In this chapter, the following terms shall have the following meanings:
A private single-family residence which provides overnight lodging
for transient guests and provides breakfast for registered guests in the forenoon
of each day where rooms are available for use for said purpose(s).
A dwelling unit or part thereof which contains two or more units
of dwelling space arranged or intended for single-room occupancy, wherein
personal or financial services are provided to the residents. "Financial services"
means any assistance permitted or required to be furnished by an owner or
operator to a resident in the management of personal financial matters, including
but not limited to cashing of checks, holding of personal funds for safekeeping
in any manner or assistance in the purchase of goods or services with a resident's
personal funds. "Personal services" means any services permitted or required
to be furnished by an owner or operator to a resident, other than shelter,
including but limited to meals or other food services and assistance in dressing,
bathing or attending to other personal needs.
A building which contains furnished living units for transient occupants
and in which no living unit contains more than two rooms, exclusive of bathroom,
foyer, closet or dressing area, terraces or balconies, and providing, among
other things, such services and features as a lobby, mail and valet services,
linens, central dining rooms, lounges, concessions, room service, dispensary,
game and hobby rooms and public assembly areas, as well as other services
and features, including twenty-four-hour desk service.
Essentially a hotel where at least two daily meals are regularly
served, alcohol may be purchased/consumed on site and there are living units
available as described under the definition of "hotel" above.
A building which contains living or sleeping accommodations for transient
occupancy and has individual entrances to each unit and provides some or all
of the amenities/services of a hotel.
A boardinghouse wherein no personal or financial services are provided
to the residents.
Occupancy of any facility required to be licensed pursuant to the
terms of this chapter for a period not exceeding 30 consecutive calendar days.
Nothing herein shall prevent the permanent occupancy of the owner or
operator of the licensed premises, and, in the case of a hotel or motel having
in excess of 20 units, one additional room may be permanently occupied by
an employee of the licensed premises.
A.
The application for issuance of a license shall constitute the consent of the applicant to an inspection of the entire licensed premises during regular business hours by the Township-designated enforcement official, as well as inspectors of all other agencies of the Township of Stillwater or any other governmental agencies or officials having jurisdiction for the purpose of determining whether there is any violation on the premises of any ordinances of the Township or any law, rule or regulation of the State of New Jersey. Inspections shall be made prior to the issuance of any initial license and for the renewal of any license and prior to October 15 of each year by each of the officials specified in § 223-12 of this chapter.
B.
Each applicant for such license shall make written application
on forms prescribed by the Township or its designee and supplied by the Township
Clerk, setting forth:
(1)
The full name, residence and post office address of the
applicant(s).
(2)
The exact location of the proposed licensed premises,
giving the street address, the block and lot numbers as shown on the Tax Map
of the Township of Stillwater, the zoning district in which the property is
located and the exact dimensions of the land upon which the business is to
conducted.
(3)
A description of the building, structure and accommodations
upon said land, including a sworn 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 or has fireproof
walls and a description of the automobile parking spaces and facilities.
(4)
The name, address and owner(s) of said lands and buildings
and the name and address of the individual(s) or firm renting said buildings;
in the event that the entity who owns or leases the licensed premises is a
corporation, the name of the registered agent and the name and address of
the officer(s) of the corporation and the particular position they hold, as
well as 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.
(5)
The name(s) of the person(s) on the licensed premises
upon whom process may be served and the name(s) of the person(s) in charge
of the premises.
C.
The application shall be accompanied by payment of the
amount of the license fee for the period involved.
D.
If the applicant is not the owner(s) of the site where
the business is to conducted, the owner's sworn written consent to the conduct
of the business described in the application shall be annexed to the application.
At least 60 calendar days prior to the expiration of the existing license
(and no later than October 31), any applicants shall make an application to
the Township, via the Township Clerk, upon forms issued by the Township or
its designee for the renewal of said license. This section shall apply to
any person required to have a license issued pursuant to this chapter.
A.
Upon the filing of an application for issuance of a new
license or for the renewal of a license, the Township Clerk shall forthwith
forward a copy of such application to the Township (or other applicable) Health
Officer, Fire Inspector, Plumbing Inspector, Chief of Police, Construction
Official, Zoning Officer and any other authorized municipal/county/state agency
having the duty to inspect premises regulated by this chapter. Each of these
foregoing officials shall inspect the applicable premises to determine whether
or not the premises comply with the rules and regulations and ordinances of
the Township of Stillwater and the State of New Jersey. If the premises do
comply, the respective officers shall provide the Township Clerk with a written
certificate of such approval. If all applicable approvals are received, then
the Township Clerk shall issue a license in accordance with the terms and
conditions of this chapter.
B.
If the premises do not comply, the respective inspectors or officials shall provide to the Township Clerk a written report setting forth the specific violation of applicable ordinances, statutes, rules, regulations and/or standards. The Township Clerk shall thereupon transmit a copy of such report, by regular mail, citing said violations to the applicant, together with written notice that the license for the property will not be issued until the violations referred to are corrected. The applicant shall then have the right to request a hearing before the Township Committee to reconsider the denial of the license pursuant to § 223-8 of this chapter. Such request must be made in writing and filed with the Township Clerk.
C.
All written reports and certificates by the various officers
charged with making an inspection under this chapter shall be completed within
21 calendar days from the time the application is made and filed with the
Township Clerk. All written reports and certificates shall be transmitted
to the Township Clerk.
A.
Separate and apart from the requirements of this chapter,
the Township has elected to license boardinghouses and rooming houses within
the Township of Stillwater. All regulations under this chapter shall not be
inconsistent with the provisions of N.J.S.A. 55:13B-1 et seq. Upon adoption
of this chapter, the Township shall be required to notify the Commissioner
of the New Jersey State Department of Community Affairs or designee of its
desire to elect to license such premises.
B.
Such premises, upon application and inspection, must
establish that:
(1)
They are in compliance with all applicable building,
housing, health and safety codes and regulations. Inspections performed by
a municipal enforcement agent under a contractual agreement with the Department
of Community Affairs pursuant to N.J.S.A. 55:13B-1 et seq. may be deemed by
the Township to satisfy the necessary investigation requirements.
(2)
The location of such premises will not, in conjunction
with the proximity of other rooming and boarding houses, lead to an excessive
concentration of such facilities in the Township.
(3)
As to the owner(s) of the premises: if a natural person(s),
the person(s) is 21 years of age or older, a citizen of the United States
and a resident of New Jersey and never convicted in this state or elsewhere
of a crime involving moral turpitude or of any crime under any state law licensing
or regulating a rooming or boarding house and having never had a license required
under N.J.S.A. 55:13B-1 et seq. revoked; if a corporation, that all officers
or members of the board of directors and every stockholder holding 10% or
more of the stock of the corporation, directly or indirectly having a beneficial
interest therein, have the same qualifications as set forth herein for a natural
person(s).
(4)
With respect to the operator or proposed operator, that
the operator meets the requirements for licensure by the Department of Community
Affairs.
(5)
The owner and operator, either individually or jointly,
have established sufficient guaranty of financial and other responsibility
to assure appropriate relocation of the residents of the rooming or boarding
house to suitable facilities in the event that the license is subsequently
revoked or its renewal denied. The Department of Community Affairs shall determine,
in the case of each type of rooming and boarding house under its jurisdiction,
what constitutes suitable facilities for this purpose.
C.
The owner of the rooming or boarding house must pay all
Township property taxes due and owing on the rooming and boarding house prior
to license renewal. As to the initial application, the applicant must have
paid all Township property taxes due and owing on any other rooming and boarding
house located within the Township and owned by the applicant, provided that
the owner has received written notice of any payment delinquency which has
remained unpaid for more than 120 calendar days.
D.
The applicant has complied with the regulations adopted
in accordance with N.J.S.A. 40:52-10.
E.
Revocation or refusal to renew a license.
(1)
The Township may revoke or refuse to renew, under the
procedures set forth in this chapter, a license granted under this chapter
for any of the following reasons:
(a)
A finding that there was misstatement of material fact
in the application upon which the license was issued;
(b)
The occurrence of any fact which, had it occurred and
been known to the Township before issuance of the license, would have resulted
in the denial of the application;
(c)
Repeated violations or prolonged failure to correct any
violations of any applicable building, health, housing or safety code or regulations;
(d)
Refusal to allow access to any portion of the licensed
premises at all reasonable times, with or without advance notice, in order
that officers or agents of the Township or any official charged with enforcement
within the Township of any building, health, housing or safety code or regulations
applicable to the premises may determine compliance with such codes or regulations;
(e)
Revocation by the New Jersey State Department of Community
Affairs of the operator's license or other authorization to operate a rooming
or boarding house on the premises;
(f)
Notification by the New Jersey State Department of Community
Affairs that the premises are not or are no longer suitable for operation
of a rooming or boarding house on the premises;
(g)
Failure or refusal to comply with any lawful regulation
or order of the Township; and/or
(h)
A determination by the Township that the issuance or
renewal of a license to such a person would be contrary to the best interests
of the residents of any rooming or boarding house or of the public generally.
(2)
Furthermore, and in addition to any other requirements
of this chapter, a license shall not be revoked until five calendar days'
prior notice of the grounds therefor has been served upon the licensee, either
personally or by certified mail, return receipt requested, addressed to the
licensee at the licensed premises and a reasonable opportunity given to the
licensee to be heard thereon.
A.
Upon receipt of an appeal by the Township Clerk, the
Township Committee shall set a date for any hearing to be held on the denial
or conditional denial of any application at a reasonable time thereafter.
However, such appeal hearing shall be held not later than 30 calendar days
from the receipt by the Township of the written request for a hearing unless
the applicant consents to a postponement.
B.
A copy of all reports, certificates or investigations
shall be made available to the applicant, if he so requests, at least seven
calendar days prior to any hearing date set by the Township Committee on a
particular license.
C.
After considering all of the 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. The
action of the Township Committee shall be memorialized in the form of a resolution,
which shall state the reasons for the action taken by the Committee. Said
resolution shall be adopted within 30 calendar days after the date of the
hearing unless the applicant consents to a longer period of time.
Any license issued pursuant to this chapter shall be kept and displayed
in a conspicuous place upon the licensed premises at all times. The license
shall specify whether it is issued to the premises for operation as a hotel,
motel, rooming house, boardinghouse, bed-and-breakfast and/or inn and shall
state that the licensee shall at all times comply with all other applicable
ordinances and laws of the Township of Stillwater or State of New Jersey.
The holder of a license issued pursuant to this chapter shall be deemed
to have given the Township of Stillwater, through its officers, agents and
employees, access to the licensed premises to inspect the same at any time
during normal business hours, and it shall be unlawful to refuse such access
or impede, hinder or interfere with any official in the proper performance
of his duties.
Should the Township or any of its (or other applicable) enforcing officials
find that any licensed premises is being operated in violation of the provision
of this chapter or other Township ordinance or in violation of any regulation
or law of the State of New Jersey, such fact shall be reported to the Township
Committee immediately. The Township Committee shall thereupon fix a date for
a hearing on said matter and notify the owner or operator of the licensed
premises to appear and respond to the allegations concerning such violations.
If, after such a hearing, the Township Committee finds that there are violations,
the Township Committee may suspend such license until the violations have
been remedied or, where warranted, may revoke the license. The hearing on
any alleged violation shall be commenced within 20 calendar days from the
date that the complaint shall have been filed and shall be completed within
45 calendar days thereafter. Any action or decision made by the Township Committee
shall be set forth in a resolution which shall be adopted within 30 calendar
days from the date of the Township Committee's decision.
The Zoning Officer is designated as the principal officer charged with
the enforcement of this chapter. However, the Health Officer, Fire Inspector,
Construction Official and/or Chief of Police shall, within the respective
areas of their authority, take all steps necessary for the enforcement of
provisions of this chapter. Reference to the term "the enforcing official"
in this chapter shall apply to any of the officials specified herein.
Nothing contained herein shall prevent the Township of Stillwater or
the officers of the Township or any other law enforcement officer or other
applicable official from proceeding against a licensee who is in violation
of any of the provisions of this chapter by filing a summons in the Stillwater-Hampton
Municipal Court or from seeking injunctive relief, fines and penalties or
any other remedy provided by law.
Every licensed hotel, inn and/or motel shall comply with the following
regulations:
A.
There shall be maintained at all times a complete register
of all rentals therein set forth and the true identification and correct dates
of occupancy of each person using any room in the licensed premises, which
register shall also set forth the license number of any vehicle owned or used
by any occupant and the state issuing said license;
B.
There shall be no cooking in the rooms except where kitchenette
facilities have been approved by the appropriate municipal agency or agencies
for specific rooms and have been installed in full compliance with all applicable
codes;
C.
No licensee shall knowingly rent any room on the licensed
premises to be used for any immoral or illegal purposes nor shall any licensee
allow or permit any immoral or illegal activities to continue on said licensed
premises after having knowledge thereof; and/or
D.
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.
A.
All fire escapes shall comply with the rules, regulations
and ordinances of the Township of Stillwater and all statutes, rules and regulations
of 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.
Every licensee shall report to the enforcing official or the Township
Clerk of the Township of Stillwater all cases of persons or animals that are
infected, or suspected of being infected, with any communicable disease in
or about the licensed premises, unless otherwise prohibited by law.
A.
All premises with five or more rental/dwelling units
and every hotel, irrespective of the number of rental/dwelling units, shall
be equipped with smoke detectors or smoke alarms, or both, in conformance
with the rules and regulations promulgated by the New Jersey State Department
of Community Affairs, which shall specify the number, location, specifications,
maintenance and periodic testing of smoke detectors and smoke alarms based
upon the construction, size and design of such building.
B.
All premises with five or more rental/dwelling units
shall provide handicapped parking pursuant to the provisions of N.J.S.A. 55:13A-7.3.
A.
Annual fees.
(1)
Bed-and-breakfast and inn (three or more rooms). The
annual fee for each bed-and-breakfast and inn license issued hereunder shall
be the sum of $50, plus $10 for each unit containing sleeping quarters.
(2)
Boarding or rooming house. The annual fee for each boarding
or rooming house license issued hereunder shall be the sum of $50, plus $10
for each unit containing sleeping quarters.
(3)
Hotels. The annual fee for each hotel license issued
hereunder shall be the sum of $50, plus $10 for each unit containing sleeping
quarters.
(4)
Motels. The annual fee for each motel license issued
hereunder shall be the sum of $50, plus $10 for each unit containing sleeping
quarters.
B.
Payment of said fees shall accompany the filing of all
applications, whether initial or renewal. Renewal applications shall be submitted
to the Township Clerk on or before October 31 of each year for a license for
the following year.
This chapter is adopted pursuant to the authority set forth by law.
