[HISTORY: Adopted by the Township Council of the Township
of Pemberton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-16-2017 by Ord. No. 21-2017]
The Township Council finds and determines that it is important
for the safety of visitors to our community to control vice, disturbances
and narcotics offenses and to protect the general public and for peace
and good order. To meet these goals, the Township requires certain
security measures at motels and temporary housing accommodations,
including requiring the licensing of motels and mandating additional
requirements necessary to ensure safety based in part on minimum standards
required for a motel to receive or renew a motel operation license
and requiring additional registration requirements and limiting the
length of stay of guests.
For the purpose of this article, the following words will have
the following meanings:
Any person who exercises occupancy or is entitled to occupancy
by reason of a contract or voucher or by other payment method from
a state, county or local agency or not-for-profit corporation engaged
in providing housing accommodations for the right to occupy the premises
for a period of one calendar month or less. Any such person so occupying
space in a motel shall be deemed a "transient" up to and including
the last day of a calendar month. In determining whether a person
is a "transient," uninterrupted periods of time extending both prior
or subsequent to the effective date of this article may be considered.
Any structure or any portion of any structure which is occupied
or intended or designed for occupancy by transients for dwelling,
lodging or sleeping purposes. For purposes of this article, the term
"motel" shall include any hotel, inn, tourist home or residential
rental housing having 10 or more rental units or apartments or any
other similar structure or portion thereof.
Any person who exercises occupancy or is entitled to occupancy
by reason of concession, permit, right to access, license or by other
payment of any money for the right to occupy the premises for a period
of up to 31 calendar days or less, counting portions of the calendar
days as full days. Any such person so occupying space in a motel shall
be deemed a "transient" up to and including the 31st day of occupancy.
In determining whether a person is a transient, uninterrupted periods
of time extending both prior or subsequent to the effective date of
this article may be considered. "Non-contract guest" shall not include
the owner and the owner's immediate family or one specifically
identified employee and the employee's family occupying a living
unit on site equipped with a full kitchen and separate living and
sleeping quarters, where same is available. Existing motel rooms shall
not, however, be converted to create such living space.
The use or possession or the right to the use or possession
of any room(s) or portion thereof in any motel for sleeping purposes.
Any person, as defined herein, and including agents, employees,
and independent contractors thereof, responsible for the day-to-day
management and performance of motel activities.
Any individual, firm, partnership, joint venture, association,
social club, fraternal organization, joint-stock company, corporation,
estate, trust, business trust, receiver, trustee, syndicate or any
other group or combination acting as a unit.
The consideration charged, whether or not received, for the
occupancy of space in the motel valued in money, whether to be received
in money, goods, labor or otherwise, including all receipts, cash,
credits and property and service of any kind or nature, without reduction
therefrom whatsoever.
One whose presence in Pemberton Township is temporary or
fleeting.
Any person, not employed by or a registered guest of a motel,
not including minors and dependents of registered guests.
A.
It shall be unlawful for any person, partnership, firm, corporation
or entity to establish, operate, maintain, occupy or offer for occupancy
any property owned, controlled or leased by him as a motel as defined
herein, without first having secured a license from the Township of
Pemberton. Said license shall be for a period of no more than one
year commencing January 1 and terminating December 31 of each calendar
year and shall be renewable for additional periods of one year, except
that the initial license period shall commence on November 1, 2017,
and end on December 31, 2018.
When any person shall, by the use of signs, circulars, business
cards, newspapers, other publications, radio or television stations,
advertise or solicit patronage, actively or passively, it shall be
considered prima facie evidence of the operation of a motel, and a
license shall be required for the ownership and/or operation of a
motel.
A.
Applications for a Township of Pemberton motel operation license
shall be made on or before October 1 of each year on a form approved
by the Township Business Administrator 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. This
section shall apply to any individual, firm, partnership, corporation
or entity who is now or in the future conducting any activity within
the Township of Pemberton regulated by this article.
B.
Each applicant for such license shall make written application on
forms supplied by the Township Clerk setting forth:
(1)
The full name, phone number, address and post office address, if
applicable, of the applicant (if a corporation, provide the names
and addresses of the president and secretary and registered agent,
if applicable; if a partnership, provide the names and addresses of
all partners).
(2)
The exact location of the proposed licensed premises, including the
street address, and block and lot number as described on the Tax Map
of the Township of Pemberton.
(3)
A description of the business, structure and accommodations upon
said land, including a statement of the number of sleeping units and
the maximum number of persons who can be accommodated at any given
time.
(4)
The name, address and owner of said lands and buildings and the name and address of the individual, corporation, partnership or other entity renting said building if different than Subsection B(1) above. In the event that the entity which owns or leases the licensed premises is a corporation, the name and address of the officers of the corporation and the particular position they hold, the name and address of any stockholder holding 10% or more of stock, or indirectly, or in any way beneficially of the corporation which is seeking a license and the name, address and phone number of the registered agent, if applicable.
(5)
The name(s) of the person or persons on the licensed premises upon
whom process may be served.
(6)
A statement acknowledging whether the applicant has ever held a motel
or hotel license and whether said license has ever been denied or
revoked and setting forth details of same.
(8)
The name and address of the applicant's attorney, if applicable.
(9)
The telephone number(s) where the owner(s) and/or his or her agent
may be reached in the event of an emergency.
C.
The application must contain a certification that the statements made by the applicant in connection with the application and covering the information requested in Subsections A and B are true and that the applicant makes such statements to induce the Township of Pemberton to issue a license to operate a motel covering the applicant's business and that the applicant agrees to comply with all rules, regulations and laws of the State of New Jersey and Township ordinances applicable to same.
D.
The application shall be accompanied by a payment in the amount of
the license fee for the period involved. In the event that the license
applied for shall be denied, said fee shall be returned to the applicant
less 10% thereof to cover investigation costs relative to said application.
E.
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.
F.
The application for an issuance of a license hereunder shall constitute the consent of the applicant to an inspection of the licensed premises by the Township of Pemberton Police Department, using the standard established at § 127-6B, for the purpose of determining whether there exists on the premises sought to be licensed compliance with the appropriate registration requirements as defined herein. The applicant shall be given twenty-four-hour notice of this inspection to ensure the owner's/operator's presence during such inspection. This requirement in no way limits the Police Department's or other law enforcement agency's ability to perform unannounced inspections as part of ongoing investigations to prevent or discover criminal activity.
G.
Unless the motel license is currently under a suspended or revoked
status, the motel will be permitted to operate while the Township
considers a pending original or renewal application.
A.
Each applicant shall make an application upon forms issued by the
Township 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 Township limits regulated by this article.
B.
Upon application for a license, the Township Clerk shall send a copy
of same to the Police Department, the Township Business Administrator,
Township Zoning Officer, Fire Inspector and Construction Code Official.
Each of the foregoing departments or agencies shall have 21 days from
the date of the application to inspect the premises and issue a written
report determining whether or not the premises comply with this article
and the rules and regulations and laws of the State of New Jersey.
The Township shall coordinate the date and time of its inspection
and provide twenty-four-hour notice to the motel owner. If the premises
complies, the Police Department and other authorized agencies shall
provide the Business Administrator and the Township Clerk with a written
notice of such approval. Thereupon, if the applicant has complied
with the other licensing provisions set forth in this article, the
Township Clerk shall issue a license in accordance with the terms
and conditions of this article.
C.
The Township of Pemberton shall issue a motel operation license only when said motel is in compliance with the registration standards established in this article, including evidence of maintenance and security requirements set forth in § 127-9.
D.
If, upon inspection, the premises does not comply with the registration
requirements set forth in this article, the Police Department and
other authorized agencies shall provide the Business Administrator
and the Township Clerk with a written report setting forth the specific
violations. The Township Clerk shall thereupon transmit a copy of
such reports citing violations to the applicant, together with written
notice that a license for the premises will not be considered and
the operator shall have 30 days to cure deficiencies prior to reinspection.
If the inspection revealed deficiencies based on fire, zoning or construction
defects, the applicant shall make the necessary application to the
appropriate agency to cure the deficiency within 14 days of notice
and cure said deficiency within 60 days of such notice. The Township
reserves the right to take immediate action outside the scope of this
licensing ordinance to abate an issue which, in the Township's
sole discretion, is a lifesafety issue. The applicant shall have the
right to request a hearing before the Township Council to reconsider
the inspection report. Said request for hearing must be in writing
and received within five business days from receipt of notice sent
by the Township Clerk.
E.
The Township Council shall set a date for a hearing to be held on
the denial of said application at a reasonable time thereafter or,
in the case of a new license, not later than 30 days from the date
of a written request for a hearing unless the applicant and the Township
agree in writing to a postponement for a reasonable period of time.
F.
A copy of all reports and investigations shall be made available
to the applicant, upon request, at least seven days prior to any hearing
date set by the Township Council on a particular license.
G.
Nothing contained herein shall prevent the Township of Pemberton
or the officers of the Township from proceeding against an applicant
who is in violation of any of the provisions of this article by filing
a complaint in a court of competent jurisdiction.
H.
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 motel purposes shall cease.
A.
All structures, buildings, dwellings, houses or parts thereof used
for the purposes herein regulated shall comply with the Uniform Construction
Code or building codes in existence at the time of the issuance of
the certificate of occupancy, the Land Use Development Ordinances,
the Uniform Fire Safety Code, health ordinances and other applicable
ordinances of the Township of Pemberton and with the rules, regulations
and laws of the State of New Jersey. Any area of renovation shall
be done at the uniform construction standards existing at the time
of renovation and with proper permits issued by the Township of Pemberton
when necessary. All fire escapes shall comply with the rules, regulations
and ordinances of the Township of Pemberton and 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.
B.
Each motel shall be equipped with sufficient hand fire extinguishers,
as determined by the Fire Marshal, whose discretion shall be informed
and guided by the New Jersey Uniform Fire Safety Code, which shall
be at all times in working order and readily accessible to the occupants.
C.
All such licensed accommodations shall be provided with an adequate
supply of potable drinking water, together with toilets and lavatory
facilities for guests, and shall contain not less than one separate
toilet for each five guests. Said toilet and lavatory facilities shall
be maintained in a clean and sanitary manner and disinfected daily.
D.
All trash or other waste matter shall be kept in closed containers,
and provisions shall be made for removal of all trash, waste matter
or garbage from the licensed premises.
E.
All entrances to motels shall be adequately lighted after dark, and
all ground areas about motels shall be adequately illuminated.
A.
The annual fee for each license hereunder shall be the sum of $75
plus $25 per each unit containing sleeping quarters for units one
through 10; $15 for units 11 through 20; and $10 per unit thereafter.
B.
The annual fee for each license issued hereunder shall be prorated
where the license shall not have been issued on January 1 of each
year. Any period of a month over 15 days shall constitute a full month,
and any period less than 15 days shall constitute a half month for
the purposes of prorating the annual fee.
C.
Payment of said fee shall accompany the filing of the application
for licenses and any intention to renew thereafter.
All motels are required to meet the following minimum security
requirements:
A.
Guest registration regulations.
(1)
Every registering guest shall furnish to an operator of a motel satisfactory
identification as part of the registration process for the hire of
lodgings at that motel by the transient.
(2)
No room shall be rented to any person who shall be under 21 years
of age at the time of the rental when not accompanied by a parent
or legal guardian or providing proof of emancipation. Said age is
set to deter security issues associated with underage drinking.
(3)
Satisfactory identification shall consist of one of the following:
valid driver's license issued in the transient's state;
a federal, state or county government photograph identification card;
military identification card; a passport; or any other form of valid
government identification on which the guest's photograph appears.
(4)
The operator of the motel shall maintain a record log and photocopy of the identification produced by the guest(s). The record log shall include the name of the transient, current address, ID number (i.e., motor vehicle license number) and state or country of issuance of identification, date of birth, date and time of check in and checkout, method of payment and make, model and license plate number of guest vehicle, if guest intends to park the vehicle at the establishment. Irrespective of method of payment, the motel operator shall comply with Subsection A(1) of this section.
(5)
An operator shall notify any guest who falls or refuses to provide
proper identification or refuses to identify occupants to any operator
that a room will not be rented.
(6)
The record log shall be made immediately available for inspection
by the Chief of Police, or his designee, who shall be a uniformed
police officer, and shall also be immediately available to any member
of the Pemberton Township Police Department or other law enforcement
agency, in the event of a police service incident at the motel. Said
log shall be kept by the motel owner for a period of no less than
three years.
(a)
The officer shall request to inspect the record log by asking
the operator, or the operator's designee who is "on duty" and/or
working at the time, to inspect the record. If inspection is refused,
the operator or the operator's employee/designee must secure
the record in the presence of the officer or an authorized representative
of the Police Department or other law enforcement agency, in a manner
directed by the officer or authorized representative, to ensure that
no one can tamper with the record and so that the record can be maintained
securely in the presence of the officer or authorized representative
until such time as the officer takes action authorized by law to require
the inspection of the record log and/or a copy of same.
(b)
Whenever possible, the inspection shall be conducted at a time
and in a manner that minimizes any interference with the operation
of the business.
(c)
No person shall alter, deface or erase the record so as to make
the information recorded in it illegible or unintelligible or hinder,
obstruct, or interfere with any inspection of the record under this
section.
B.
Frequency of rental. The operator shall not rent any room more than
two times during any twenty-four-hour period, beginning at 12:00 noon
and ending at 12:00 noon the following day.
C.
Occupancy. The sleeping accommodations of a motel shall be rented
only for the use of contract and non-contract guests as transient
occupants and shall not be used or occupied on any permanent basis,
and no such occupant shall be deemed to be a resident therein. Every
licensed premises shall maintain at all times a complete register
of all rentals therein and the true identification and correct dates
of occupancy of each person using any room on the licensed premises.
(1)
Contract guests. No contract guest shall use or occupy any room or
a portion of any room in any motel for more than a calendar month
or more than 31 days during any three calendar months.
(2)
Non-contract guests.
(a)
No non-contract guest shall use or occupy any room or a portion
of any room in any motel for a period of more than 31 consecutive
days or more than 31 days during any ninety-day period. A portion
of a calendar day shall constitute a full day.
(b)
A minimum of seven days prior to the expiration of the thirty-one-day limit, it shall be an affirmative duty of the operator to petition the Township Business Administrator in writing to permit a non-contract guest to avail himself of the use of the motel for a period longer than 31 days when such non-contract guest provides i) proof of current, valid residency more than 30 miles from the Township of Pemberton and is utilizing the motel while performing a temporary function or service in Pemberton Township, such as employment on a construction project, or ii) where the non-contract guest is in need of temporary quarters while improvements are being performed on the non-contract guest's primary residence making it temporarily uninhabitable, where such time frame remains limited to a definite timeline and where vacancy of the motel premises will occur at the conclusion of the construction project or the primary residence becomes habitable. The decision to permit any stay longer than 31 days remains at the sole discretion of the Township Business Administrator and may be appealed to the Township Council in the same manner as provided for denial of license as provided in § 127-6 of this article.
D.
Identification of renters; renting for improper purposes prohibited.
In addition to the other rules and regulations set forth in this article,
no licensee shall knowingly rent, allow or permit any room on the
licensed premises to be used for any illegal or immoral purpose. The
licensee's failure to set forth the true identity and correct
hours shall serve as prima facie evidence of violation of this provision.
E.
Restriction on ownership and management. The operation, conduct and
management of a motel shall not be under the management, control or
supervision of any person convicted of a felony or any conviction
involving the sale of drugs and/or narcotics, prostitution or underage
drinking. No person shall own, directly or indirectly, more than 10%
of stock or be an officer or director of any corporation or participate
in any way in the management of any licensed premises if he or she
has been convicted of a crime as described in this subsection.
F.
Maintenance and enforcement of no-rent/no-trespass list.
(1)
The Township shall maintain and provide a no-rent/no-trespass list
of persons convicted of any crime while on a motel property or while
registered as a guest at a motel in the Township.
(2)
The operator shall refuse to rent any room on the premises to said
guest on the list or allow the individuals on said list to remain
on the property. At no time shall the operator allow the person on
the list or members of the person's party to visit other properly
registered guests or visitors.
(3)
Names shall remain on the no-rent/no-trespass list for the remainder
of the current calendar year and the next immediate calendar year
(i.e., up to one year and 364 days).
G.
Notification to police of suspicious guests. The motel operator shall
make reasonable effort to notify the Pemberton Township Police Department
of the names and permanent addresses of guests that behave suspiciously
after check-in. Suspicious activity shall include an act or event
which causes an ordinarily prudent person to believe that unlawful
behavior is in process or imminent.
H.
Requirement of on-site manager 24 hours a day. The operator shall
cause the motel to maintain twenty-four-hour supervision by an on-site
manager. Said manager(s) will have supervisory responsibilities over
all other employees on site and shall serve as the first point of
contact for the Pemberton Township Police Department.
A.
In the event that the Township Council finds upon a written complaint
filed that there is such a serious infraction of the rules, regulations
and ordinances of the Township of Pemberton or the rules, regulations
and laws of the State of New Jersey or 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 Township or the occupants
of such licensed premises, the Township Council shall have the right
to hold a hearing where said operator and complainant will be given
the right to provide testimony and be subject to cross-examination
regarding said complaint. Upon the Council's finding of good
cause, it may immediately suspend the license of such person, firm,
partnership, corporation or entity licensed under this article. In
the event that a license is suspended as set forth herein, the operator
must correct such issues and be reinspected before the Township Council
will hold another hearing to reconsider the license. The hearing to
continue the suspension or revocation of the license or take such
other action as the Township Council deems necessary 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 Township of Pemberton or the officers of
the Township from proceeding against the applicant in a court of competent
jurisdiction. The Township reserves the right to notify all financial
interest(s) of said motel of denial, suspension or revocation of a
license.
B.
In the event the license is suspended or revoked, the motel operator
shall cause the contract guests and non-contract guests to be removed
from the motel within 48 hours from the decision of the Township Council.
The motel operator shall be responsible for any and all costs associated
with the relocation of contract and non-contract guests. In the event
the motel operator fails to meet said responsibility and the Township
is required to arrange and provide for the relocation of said guests,
all costs and expenses incurred by the Township in the course of action
associated with said relocation shall become a lien against the property.
The proper enforcement of the provisions of this article dealing
with licenses shall be within the jurisdiction of the Director of
Community Development and the Township of Pemberton Police Department,
within the jurisdiction of those officers at the state, county and
local levels of government charged with providing the necessary inspections,
regulations and enforcement of the law.
A.
Noncompliance with the terms and conditions of this article shall
constitute a violation.
B.
Each and every day any violation of this article exists or continues
to exist shall be determined as a violation or offense under this
article.
C.
Any person, firm, partnership, corporation or entity violating any
provision of this article by the performance of a prohibited act or
by failing, neglecting or refusing to do any act or anything required
by this article shall, upon a trial and conviction by a court of competent
jurisdiction, forfeit or pay such fines not in excess of the sum of
$2,000 for each offense or be sentenced to a jail term not exceeding
90 days (if the convicted is a natural person) and/or a period of
community service not exceeding 90 days.