[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.]
GENERAL REFERENCES
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.
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.
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.
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.
A.
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.
B.
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.[1]
C.
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.
D.
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.
E.
Form of application.
(1)
Each applicant for such a license shall make written
application on forms prescribed and supplied by the Village Clerk,
setting forth:
(a)
The full name, residence and post office address
of the applicant.
(b)
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.
(c)
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.
(d)
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.
(e)
The name or names of the person or persons on
the licensed premises upon whom process may be served.
(2)
The application shall be accompanied by payment of
the amount of the license fee for the period involved.
(4)
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.
(5)
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
The license, when issued by the Village, shall be
displayed in a conspicuous place upon the licensed premises at all
times.
J.
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.
K.
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.
L.
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.
A.
Limit of stay; registration requirements.
(1)
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.
(2)
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:
(3)
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.
B.
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:
(1)
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.
(2)
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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.
A.
License fee.
(1)
The annual fee for each license issued hereunder shall
be as follows:
|
Type of Accommodation
|
Fee
| |
|---|---|---|
|
Rooming houses
|
$150
| |
|
Lodging houses
|
$200
| |
|
Boardinghouses
|
$200
| |
|
Motels, hotels and inns
|
$350
|
(2)
The annual fee for a licensee hereunder shall be increased
as follows: $5 for each unit containing sleeping quarters where said
licensed premises has accommodations for 15 or more units.
B.
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.
C.
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.
A.
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.[1]
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.[1]
D.
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.
