[HISTORY: Adopted by the Board of Commissioners of the Borough of Avon-by-the-Sea 10-25-2010 by Ord. No. 15-2010. Amendments noted where applicable.]
Editor's Note: This ordinance amended in its entirety former Ch. 70, comprised of Art. I, adopted 4-13-1948 by Ord. No. 36, as amended; and Art. II, adopted 5-11-1948 by Ord. No. 35, as amended.
No person, firm or corporation shall engage in the business of conducting, maintaining or operating a hotel or guest house in the Borough of Avon-by-the-Sea, in which more than one (1) person is boarded or lodged, either with or without service of meals, for a consideration, without making application in writing to the Borough Clerk for a license, upon forms furnished by the Board of Commissioners, signed by the owner or operator of such hotel or guest house, and setting forth the following:
Full name and address of proprietor or operator of such hotel or guest house.
Location of the hotel or guest house.
Number and location of bedrooms of hotel or guest house.
Statement of sanitary facilities of such hotel or guest house.
A statement authorizing the Hotel and Guest House Inspector or any other officer or agent of the Borough of Avon-by-the-Sea to enter upon said premises at any time to inspect said premises for the purpose of ascertaining whether or not said premises is operated in compliance with the ordinances of the Borough of Avon-by-the-Sea.
The owner(s) of premises previously permitted to be operated as a guest house may apply for an annual in-active license for the premises provided that the same shall not be used or held out for use as a guest house thereunder. The owner(s) shall execute an acknowledgment of the inactive status of the license and the license itself shall be endorsed to show its inactive status. Said license shall not be transferable. The fee for said license shall be that established by Section 70-2. The inspection requirements of this chapter shall not apply to an inactive license.
The proprietor or operator of every hotel or guest house in the Borough of Avon-by-the-Sea shall, at the time of filing the application set forth in Section 70-1, tender an annual license fee based upon the number of sleeping rooms in the premises operated, as follows: ten dollars ($10) per room, minimum fee two hundred fifty dollars ($250).
There shall be appointed by the Board of Commissioners an inspector of hotels and guest houses, to be known as the Hotel and Guest Inspector. Said Inspector shall serve on a yearly basis and shall be appointed annually by the Board of Commissioners. He shall make such investigations and inspections as shall be necessary to determine whether or not the provisions of this article are being observed. He shall report all violations to the Board of Commissioners. Said Inspector may be paid a salary to be established from time to time by the Board of Commissioners.
Any application for a license to conduct or operate a hotel or guest house shall be referred to the Hotel and Guest House Inspector, and said Inspector shall make an inspection of such hotel or guest house in which said business is to be conducted, to ascertain if the building thereon is suitable for said purpose and if said building complies with the provisions of this article and any and all ordinances and regulations of the Borough of Avon-by-the-Sea and with the laws of the State of New Jersey. Said Inspector shall report, in writing, the result of his examination, and if said report of said Inspector discloses that said premises for which said license is sought complies with the provisions of this article and with all other ordinances and regulations of the Borough of Avon-by-the-Sea and with the laws of the State of New Jersey, the Board of Commissioners shall authorize and direct the Borough Clerk to issue a license to conduct and operate the business of hotel or guest house on said premises, which license shall be signed by the Director of Revenue and Finance and attested by the Borough Clerk.
If said Inspector shall determine, upon inspection of said premises for which said license is applied, that the building thereon does not comply with this article or with all other ordinances and regulations of the Borough of Avon-by-the-Sea, or with the laws of the State of New Jersey, then and in that event, no license shall be granted to conduct the business of operating a hotel or guest house on said premises, and said application fee shall be returned to said applicant.
Nothing herein contained shall prevent the Chief of Police or the Chief of the Fire Department or the Clerk of the Board of Health or the Inspector of Buildings, or any of them, from inspecting or investigating the premises to determine whether or not the ordinances and regulations of the Borough of Avon-by-the-Sea are being complied with.
The license applied for or issued pursuant to this article may be denied, suspended or revoked by the Board of Commissioners for violations of this article; violations of applicable health, safety and fire laws, codes and regulations; violations of other laws, ordinances and regulations; and for other good cause. Notice of the proposed denial, suspension or revocation shall be given in writing to the applicant or licensee at the address stated on the application or license setting forth the reasons therefor and the proposed action to be taken.
Upon written request made within five (5) days of the giving of such notice, the applicant or licensee may request a hearing which shall be held within thirty (30) days thereafter. Within fourteen (14) days after the conclusion of the hearing, the Board of Commissioners shall render its decision in writing setting forth its reasons for the action taken.
Every person, firm or corporation operating a hotel or guest house shall maintain a register of guests with their names and permanent residences, which said register shall be available for inspection by the Hotel and Guest House Inspector or by any other officer or agent of the Borough of Avon-by-the-Sea.
Every hotel having the capacity to accommodate fifty (50) guests or more shall have on the premises at all times a manager who shall be in charge of and responsible for said premises. The manager on duty at any particular time shall be identified by name at the registration desk of the hotel by a placard bearing the following legend:
(Name of premises)
MANAGER ON DUTY
Such placard shall be prominently displayed at the registration desk, and the lettering thereon shall be at least two (2) inches high.
The names of those persons designated as managers pursuant to Section 70-5.1 shall be registered with the Borough Clerk at the time of the license application. Any changes in the list of designated persons shall be immediately reported in writing to the Borough Clerk.
No person not so registered with the Borough Clerk as a manager shall act in that capacity. Any hotel required by Section 70-5.1 to have a manager on the premises and failing to comply with the requirements regarding same shall be in violation of this article and shall be liable in accordance with Section 70-16.
Every sleeping room in a hotel or guest house in the Borough of Avon-by-the-Sea shall have a clear height between floor and ceiling of not less than seven (7) feet. Its least horizontal dimensions shall be not less than seven (7) feet, and it shall have a floor area not smaller than seventy (70) square feet.
Sleeping rooms on or above the third-floor level of every hotel or guest house, except those equipped with metal fire escapes, shall be equipped with emergency means of escape tested and approved by the Borough Hotel and Guest House Inspector.
No room in any hotel or guest house which is occupied or is intended, arranged or designed to be occupied for sleeping purposes shall be so overcrowded that there shall be afforded less than four hundred (400) cubic feet of air space to each person twelve (12) years of age and over and two hundred (200) cubic feet of air space to each child under twelve (12) years of age. No greater number of occupants than thus established shall be permitted to sleep in any one (1) room. No room shall be used for a sleeping room which does not open to the outside of the building on the street or alley side or to a yard or court, and each sleeping room shall have at least one (1) window and one (1) door. The total area of windows shall be not less than ten percent (10%) of the floor area of the room, including the area of every recess or alcove. Each window shall be constructed to permit at least fifty percent (50%) of its full area to be opened, either the top or bottom or side. The tops of all such windows shall be not more than two (2) feet below the ceiling of any sleeping room. If the report of the Inspector discloses that any sleeping room does not vary by more than ten percent (10%) from any of the requirements as to dimensions and window size and area set forth in Section 70-6 and in this section, the Board of Commissioners may at its discretion authorize the issuance of a license, provided that said building complies with all other provisions and requirements of this article.
No room in any hotel or guest house not originally constructed as a sleeping room shall be used for such purpose unless such room has been or shall be altered or remodeled to comply with the provisions of this article, and no cellar, outbuilding or other area shall be used or occupied as a sleeping room or rooms unless such room or rooms comply with the provisions of this article and unless such building is equipped with toilet facilities as provided in Section 70-11, and no porches shall be occupied as sleeping rooms unless the adjoining space is occupied by the same party, and then only if the cubic content and floor space thereof comply with the provisions of this article.
No hotel or guest house containing less than twenty-five (25) sleeping rooms shall erect more than one (1) sign on said premises in which said business is conducted and said signs on said hotels and guest houses containing less than twenty-five (25) sleeping rooms shall occupy not more than four hundred ninety-six (496) square inches of space and shall be attached to the side or front of the building in which said business is conducted or operated.
In every hotel and house, there shall be toilets in the ratio of at least one (1) toilet for every twelve (12) occupants or fraction of such number.
No gas, coal or electric range or stove or any other apparatus or appliance shall be used for the cooking or preparation of food or shall be installed in any room in any hotel or guest house which is occupied or is intended, arranged or designed to be occupied for sleeping purposes, nor shall any food be cooked or otherwise be prepared or stored in any room in any hotel or guest house, which room is occupied or is intended, arranged or designed to be occupied for sleeping purposes.
There shall be posted in a conspicuous place in every hotel, or guest house a copy of this article, which copy shall be furnished by the Borough Clerk upon application for same.
No meals, food or beverages shall be served by the owner, proprietor or operator of any hotel or guest house licensed under the provisions of this article, except within the confines of the building so licensed.
It shall be unlawful for any owner of a private residence to engage in the business of lodging or boarding of persons.