[HISTORY: Adopted by the Board of Commissioners of the Village of Ridgefield Park 11-10-1987 by Ord. No. 22-87 (Ch. 133 of the 1985 Code). Amendments noted where applicable.]
Zoning — See Ch. 96.
Development regulations — See Ch. 96A.
Amusements — See Ch. 118.
Animals — See Ch. 123.
Unfit or unsafe buildings — See Ch. 142.
Uniform construction codes — See Ch. 160.
Fire protection — See Ch. 188.
Food and beverage vending machines — See Ch. 202.
Housing standards — See Ch. 225.
Noise — See Ch. 254.
The following words as used herein, unless otherwise expressly stated or unless the context or subject matter is otherwise, shall have the following meanings:
- A structure, building, dwelling or house where the business of keeping boarders is generally carried on and where furnished rooms are offered and meals are regularly served as a part of such accommodations.
- LODGING HOUSE
- A structure, building or house where the business of accommodating lodgers is carried on in substantially the same manner as a rooming house, except that the units rented as a part of such accommodation are furnished apartments rather than furnished rooms.
- MOTEL, HOTEL or INN
- A structure, building or group of buildings, dwelling or house where the business of renting, leasing, maintaining, keeping, operating, conducting or providing of overnight or temporary sleeping or housing accommodations, for a consideration, to tourists, transients or travelers or any building or structure or group of buildings or structures devoted exclusively or primarily to said business, commonly known as "tourist lodges," "motels," "motor lodges," "motor courts" or "hotels," whether meals are served therein or not.
- ROOMING HOUSE
- A structure, building, dwelling or house where the business of accommodating roomers is carried on in substantially the same manner as a boardinghouse, except that no meals are served as a part of such accommodations.
It shall be unlawful for any person, partnership, firm, corporation or entity to establish, operate, maintain or permit to be established, operated or maintained upon any property owned or controlled by him a motel, hotel, inn, boardinghouse, rooming house or lodging house without first having secured a license from the Village of Ridgefield Park. Such license shall be for a period of 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.
Such a licensed premise or premises shall at all times comply with all the terms and provisions of all the ordinances of the Village of Ridgefield Park and regulations and laws of the State of New Jersey, including but not limited to Chapter 160, Construction Codes, Uniform; Chapter 188, Fire Protection; Chapter 214, Garbage, Rubbish and Refuse; Chapter 96, Zoning; Chapter 225, Housing Standards; Chapter 287, Property Maintenance, and any ordinance of the Village establishing minimum heat requirements and other applicable ordinances.
Authorization. The application for an 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 police, health and building inspectors, Plumbing Inspector, Sanitation Inspector, Chief of Police, Fire Chief and fire inspectors of the Village of Ridgefield Park and other authorized agencies of the Village of Ridgefield Park for the purpose of determining whether there is any violation by the premises sought to be licensed of any ordinances of the Village of Ridgefield Park or any law of the State of New Jersey.
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.
Form of application.
Each applicant for such a license shall make written application on forms prescribed and supplied by the Village 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 numbers shown on the Tax Assessment Map of the Village, 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 housing or lodging 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 are fireproof or have fireproof walls, and a description of the automobile parking spaces and facilities.
The name, address and 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 the licensed premises or leases them 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 stock 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.
An applicant for a license shall cause notice of the application to be published at least once in a newspaper circulated within the Village of Ridgefield Park, which publication shall not be more than 28 days prior to the date for consideration of said application by the Village governing body, and the applicant shall also file due proof of publication of said application with the Village Clerk prior to the date for the consideration of said application.
Forty-five days prior to the expiration of the existing license, each applicant shall make an application annually upon forms issued by the Village 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 Village limits regulated by this chapter.
Upon application for a license, the Village Clerk shall forthwith forward a copy of such application to the Health Officer, Fire Inspectors, Plumbing Inspector, Chief of Police, Fire Chief, Construction Official 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 Village of Ridgefield Park and the State of New Jersey. If the premises do comply, the respective officers shall provide the governing body with a written certificate of such approval.
If the premises do not comply, the respective officers shall return a written certificate or report setting forth the specific violations of the rules and regulations or ordinances of the Village of Ridgefield Park and laws of the State of New Jersey which are not being conformed to by the applicant. The Village governing body shall thereupon cause to be made such further investigation of the premises and the information set forth in the application and said written certificate or report from an officer of the municipality who states that the premises does not comply as it shall deem necessary. Upon completion of its investigation, it shall notify the applicant of its decision of whether or not it is going to have a hearing on the issuance or renewal of the applicant's license, and the applicant shall be entitled to a hearing.
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 governing body when received by the Village Clerk.
The governing body may consider the application at the meeting set by the governing body for which the applications are to be considered for renewal or it may set a date for a hearing to be held on said application at a reasonable time thereafter, which hearing, however, shall not be later than December 15 of each year, unless the applicant requests or consents to a postponement of a hearing, which shall not be for more than 10 days from the date a hearing on a particular application has been set by the governing body. At said hearing, any objectors to the license and the applicant shall be heard and may present any relevant evidence.
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 Village governing body on a particular license.
In the event that objections in writing are filed with the Village governing body 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, the governing body may set a date for a hearing. It shall then proceed to hear the objection and all evidence for and against the issuance of such license and within five days determine whether to issue or renew a license or to deny the 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 state the reasons for a denial. If the circumstances warrant, the Village governing body may hold any hearing on the date set by the governing body meeting for the renewal or issuance of a license or licenses.
After considering all evidence with respect to the application, the governing body may deny, suspend or revoke the license to an applicant for good cause, and, if any application for license is denied, suspended or revoked, the governing body shall state in writing the reason for the denial, suspension or revocation.
The license, when issued by the Village, shall be displayed in a conspicuous place upon the licensed premises at all times.
The Village governing body, after investigating and considering an application for a license hereunder or after a hearing on the same, shall, if the application complies with the provisions of this chapter, authorize the Village Clerk to issue a license to the applicant, which license shall be effective from the date of issuance to midnight of December 31 of the year in which issued.
In the event that the governing body finds upon a written report filed that there is such a serious infraction of the rules, regulations and ordinances of the Village of Ridgefield Park 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 Village of Ridgefield Park or the occupants of such licensed premises, the governing body shall have the right, upon the finding of good cause, to suspend the license of such a person, firm, partnership, corporation or entity licensed under this chapter immediately. In the event that a license is suspended in this manner, the governing body shall, within seven business days, hold a hearing, unless the licensee requests an adjournment. A written report upon which the governing body 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 governing body 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 Village of Ridgefield Park or the officers of the Village from proceeding against an applicant who is in violation of any of the provisions of this chapter by having an appropriate Village official file a summons in the Municipal Court of the Village of Ridgefield Park.
Limit of stay; registration requirements.
The sleeping accommodations of a hotel, motel or inn shall be rented only for the use of transient occupants and shall not be used or occupied under any permanent basis, and no such occupant shall be deemed to be a resident therein. No motel or rental space therein shall be occupied by the same guest or guests for a consecutive period exceeding 30 days.
Each licensee, through its agent, shall cause to be maintained on the premises a complete register consisting of consecutively numbered cards no less than four inches by 5 1/2 inches. Each card shall have the name and address of the premises plainly printed on the top and shall contain the following information on each person using any room in said premises:
Upon the filling of any register, it shall be preserved at all times upon the licensed premises. The register shall be kept and preserved by the licensee and shall be available on request at any hour of the day or night to any police officer of the Village. The system of registration as described in the owner's application shall not be altered in any manner unless the owner shall first have applied for and received the permission of the Board of Commissioners to do so.
No person shall occupy and no licensee shall permit any person to occupy any room on the premises unless the head of the party or the person renting the accommodations shall first:
Display written evidence of his or her identity and residence, such as through a driver's license, car registration or major credit card, and in addition thereto the full and true identity of each member of his or her party. In all cases, the licensee shall inquire from each party registering for accommodations the name of the operator of the motor vehicle in the party and the car registration of the vehicle conveying individuals seeking to occupy the licensed premises. A driver's license and car registration shall be displayed by at least one member of the party. Where the party denies that any person occupying the premises is the operator of a motor vehicle or has a driver's license, then such information shall be appropriately mentioned on the registration card, and the registration card shall note the means to identify the party seeking to be registered, such as a major credit card. The Commissioner in charge of the Department of Public Safety shall have the authority to promulgate applicable rules regarding the registration and identification of all parties and all premises sought to be licensed hereunder. As may be necessary from time to time, such rules and regulations shall go into effect within 72 hours after the licensee has received written notice of such rules and regulations.
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 of and correct hours of occupancy by any person shall be deemed to show knowledge on the part of the licensee of such immoral or illegal purpose or use.
A licensee shall report to the proper authorities of the Village of Ridgefield Park all cases of persons or animals affected or suspected of being infected with any communicable disease in or about the licensed premises.
All structures, buildings, dwellings, houses or parts thereof shall comply with the Building Code, Zoning Ordinance, Health Code, Plumbing Code, Fire Code and other applicable ordinances of the Village.
All structures, buildings, dwellings 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 Village.
Not more than two persons over the age of four years shall live, sleep or otherwise occupy any room on any premises which is licensed under this chapter for each 120 square feet of floor space therein usable for living purposes.
No business shall be conducted in any room or on the premises for any purposes other than sleeping or those activities normally associated with a motel, hotel, inn, boardinghouse, rooming house and other similar places, including restaurant facilities or eating facilities, the sale of newspapers, cigarettes and other items normally sold by such facilities, recreational facilities such as swimming pools and service facilities, including barbershops, cleaning establishments and other uses which are incidental to the activities of such premises, such as catering, conventions and leasing of facilities for meetings. These activities shall be limited for the use of those persons actually staying at the premises as guests or using the facilities in the manner for which they were intended.
If a licensee or guest wishes to conduct any other business in any room or upon the premises, written permission shall be obtained from the Village 72 hours in advance on a form issued by the Village Clerk, which activity shall not be conducted more than 30 days at a time unless such permission is renewed in a similar manner as for the original permission. In granting such permission, the Village shall take into consideration whether such activity on the premises by other guests or occupants of the premises, the public convenience and necessity for granting such permission and whether such activity would be violative of the spirit and tenor of this chapter and other ordinances of the Village of Ridgefield Park.
It shall be the duty of the members of the police force of the Village to inspect the premises from time to time, at any hour of the day or night, to determine that the provisions of this chapter are being complied with. Other officials of the Village of Ridgefield Park may inspect the premises from time to time in order to carry out their duties.
The Village governing body, for good cause, may revoke, suspend or take such other lawful action within its power against a licensee at any time during the period for which the license was issued upon receiving a written report from any official of the Village of Ridgefield Park of a violation under this chapter or on the objection of any public official having a duty to enforce any law or regulation pertaining to the conduct of the licensee or on the written objection of any taxpayer or inhabitant of the Village of Ridgefield Park. Such action shall be taken after a hearing provided to the licensee or applicant following complaint in writing and at least seven business days' notice to the licensee setting forth the ground of the complaint; the determination by the governing body to refuse, suspend or revoke a license shall be in writing and made within five days after the hearing unless the applicant or licensee consents to or requests an adjournment. In any event, all determinations shall be made within 30 days from the date of the hearing.
The annual fees 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 1/2 month for the purposes of prorating the annual fee.
Payment of said fees shall accompany filing of all applications for licenses or for any intention to renew thereafter. In the event that an application for license is denied or renewal license is denied, said fee shall be returned, less 10% for the cost of the Village in investigating and processing the same. In the event that a license shall be revoked for good cause shown or terminated voluntarily by the licensee, there shall be no refund of any portion of the license fee.
Applications for such license shall be made on or before November 1 of each year, which application shall be made on a form which can be obtained from the Village Clerk's office 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 following year. All renewals shall be applied for and issued in a similar manner as the original application.
All licenses subsequently issued during the year and applications for new licenses for the year shall be made in the manner prescribed by this chapter. All licenses shall be displayed at a prominent place on the licensed premises, and each license shall be valid only to the applicant to whom it is issued and to such applicant to whom the license may be transferred as hereinafter provided.
A transfer of a license may be requested on a form prescribed by the Village Clerk setting forth the same matters and information as required by this chapter as set forth in connection with the original application for a license. The governing body, with the consent of the licensee and upon payment of 10% of the annual fee of the license sought to be transferred, may transfer to such applicant any license issued under the terms and provisions of this chapter, said 10% to be retained by the Village of Ridgefield Park whether the transfer is granted or not. No additional fee shall be paid to the Village upon a transfer.
Any change in any of the information set forth in the applications during the term of the license shall forthwith be communicated by the licensee in writing to the Village Clerk.
Any person, firm, partnership, corporation or entity, including an applicant or licensee, aiding or abetting any other person, firm, partnership, corporation or entity, including an owner, applicant or licensee, violating any of the provisions of this chapter, shall be guilty of a violation thereof.
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, including an owner, applicant or licensee, violating any provisions of this chapter or aiding or abetting any other person, firm, partnership, corporation or entity, including an owner, applicant or licensee, violating this chapter shall, upon conviction, be sentenced as provided in Chapter 1, General Provisions, Article II, General Penalty.
In addition to the foregoing penalties stated above, if and when the Village governing body shall receive any complaints which shall appear to it to be based upon reasonable grounds and good cause, it shall, in addition to having such violation prosecuted in the Municipal Court of the Village of Ridgefield Park, determine whether or not it wishes to hold the hearing as stated above to refuse, suspend or revoke said license of an applicant, in which case the license shall be refused, suspended or revoked, as the case may be. The Village governing body, in addition to having the power to refuse, suspend or revoke a license, shall also have the power to notify a licensee or applicant of a violation of this chapter and order him to abate such violation within three business days. It shall inform the licensee or applicant that, upon failure to comply with said notice, proceedings for the violation of this chapter will be taken against the licensee in a manner deemed appropriate by the governing body for the violation. All of the officials of the Village having jurisdiction over a licensed premises shall comply and cooperate with each other in the enforcement of this chapter.