[Ord. No. 2005-06 §§ 1-1]
It is the purpose of this section to implement the provisions
of P.L. 2003, c. 114, which authorizes the governing body of a municipality
to adopt an ordinance imposing a tax at a uniform percentage rate
not to exceed 3% on charges of rent for every occupancy on or after
July 1, 2004, of a room or rooms in a hotel subject to taxation pursuant
to Subsection (d) of Section 3 of P.L. 1966, c. 40 (N.J.S.A. 54:32B-3)
which shall be in addition to any other tax or fee imposed pursuant
to statute or local ordinance or resolution by any governmental entity
upon the occupancy of a hotel room.
[Ord. No. 2005-06 §§ 1-2]
There is hereby established a hotel and motel room occupancy
tax in the Township of Greenwich which shall be fixed at a uniform
percentage rate of 3% on charges of rent for every occupancy of a
hotel or motel room in the Township of Greenwich on or after July
1, 2005, of a room or rooms in a hotel subject to taxation pursuant
to Subsection (d) of Section 3 of P.L. 1966, c. 40, N.J.S.A. 54:32B-3
(sales tax).
[Ord. No. 2005-06 §§ 1-3]
The hotel and motel room occupancy tax shall be in addition
to any other tax or fee imposed pursuant to statute or local ordinance
or resolution by any governmental entity upon the occupancy of a hotel
room.
[Ord. No. 2005-06 §§ 1-4]
The hotel and motel room occupancy tax authorized herein shall
not be imposed on the rent for an occupancy if the purchaser, user
or consumer is an entity exempt from the tax imposed on an occupancy
under the "Sales and Use Tax Act" pursuant to Subsection (a) of Section
9 of P.L. 1966, c. 30 (C. 54:32B-9).
[Ord. No. 2005-06 §§ 1-5]
In accordance with the requirements of P.L. 2003, c. 114:
a.
All taxes imposed by this section shall be paid by the purchaser.
b.
A vendor shall not assume or absorb any tax imposed by this section.
c.
A vendor shall not in any manner advertise or hold out to any person
or to the public in general, in any manner, directly or indirectly,
that the tax will be assumed or absorbed by the vendor, that the tax
will not be separately charged and stated to the customer, or that
the tax will be refunded to the customer.
d.
Each assumption or absorption by a vendor of the tax shall be deemed
a separate offense and each representation or advertisement by a vendor
for each day that the representation or advertisement continues shall
be deemed a separate offense.
[Ord. No. 2005-06 §§ 1-6]
The tax imposed by this section shall be collected on behalf
of the Township by the person collecting the rent from the hotel or
motel customer. Each person required to collect the tax herein imposed
shall be personally liable for the tax imposed, collected or required
to be collected hereunder. Any such person shall have the same right
in respect to collecting the tax from a customer as if the tax were
a part of the rent and payable at the same time; provided that the
Chief Financial Officer of the Township shall be joined as a party
in any action or proceeding brought to collect the tax.
[Ord. No. 2006-14 § 1]
Fire inspectors within the Township of Greenwich have duly noted
that there have been a number of safety violations by guests at hotels
and motels within the Township of Greenwich. Said safety hazards constitute
hazards to all Township of Greenwich residents. Police officers within
the Township of Greenwich have reported that extended stay guests
within hotels and motels within the Township of Greenwich have had
a propensity for being cited for illegal activities to a greater extent
than the Township of Greenwich residents as a whole.
[Ord. No. 2006-14 § 2]
The purpose of this section is to: protect the public health,
safety, convenience and general welfare of the Township of Greenwich.
A further purpose is to better understand and regulate transient housing
in hotels and motels within the Township of Greenwich.
[Ord. No. 2006-14 § 3]
Every hotel and motel in the Township of Greenwich shall be
required to do the following:
a.
Registry established. Maintain at all times a registry identifying
the name of each occupant of each rooming unit, together with the
principal residence address of each such occupant and the date upon
which their occupancy of such rooming unit commenced. The registry
shall include a valid drivers license and/or picture ID, which must
be kept on file and subject to review by the Code Enforcement Officer
of the Township of Greenwich upon periodic inspections.
b.
Posting of rates. Must post in a conspicuous place or manner in each
rooming unit a statement of the range of rates charged by the hotel
or motel, including seasonal rates and a legible printed copy.
c.
Length of stay. Transient Clientele shall mean a temporary occupant
of a hotel or motel. Transient clientele shall not occupy a room or
unit located within the hotel or motel for more than 10 days in any
seasonal quarter (i.e., Summer, Fall, Winter and Spring) in any calendar
year. The seasonal quarter shall be:
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Summer - June 21 to September 20
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Fall - September 21 - December 20
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Winter - December 21 - March 20
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Spring - March 21 - June 20
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The prohibition shall further provide, with the exception of
an owner or an owner's guest occupying the room, unit or apartment
during this ten-day period, any users of the unit shall pay no less
than the market rental for the unit as determined by the management
of the establishment.
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d.
Extension of stay. No hotel or motel owner can take it upon themselves
to extend the stay of any visitor without the consent of the governing
body in the form of a resolution.
e.
Maximum occupancy. Maximum occupancy per hotel or motel room shall
be five guests.
[Ord. No. 2006-14 § 4]
Any owner of any hotel or motel found to be in violation of
this section will be subject to the issuance of violations, fines
and court appearances, when necessary as set forth below:
Any owner of any hotel or motel found to be in violation of
this section will be subject to the following fine:
a.
First offense - not less than $250 up to $1,000 per day for every
day they exceed the occupancy.
b.
Second offense - not less than $500 up to $1,500 per day for every
day they exceed the occupancy.
c.
Third offense - not less than $1,000 up to $2,000 per day for every
day they exceed the occupancy.
d.
Each offense thereafter - imprisonment for a term not exceeding six
months or a period of community service not exceeding 90 days.
[Ord. No. 2006-14 § 5]
The Township of Greenwich Fire Inspector or any person appointed
by said Fire Inspector shall be the enforcement officer of this section.
