[HISTORY: Adopted by the Board of Commissioners of the Borough
of Avon-by-the-Sea 10-25-2010 by Ord. No. 15-2010. Amended in entirety 3-14-2022 by Ord. No. 06-2022. Prior history includes
Ord. No. 35 and Ord. No. 36.]
[Amended in entirety 3-14-2022 by Ord. No. 06-2022. Amendments noted
where applicable.]
[Amended 3-14-2022 by Ord. No. 06-2022]
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 and operator of such hotel or guest house, and
setting forth the following:
A.
Full name and address of owner and proprietor or operator of such
hotel or guest house.
B.
Location of the hotel or guest house.
C.
Number and location of bedrooms of hotel or guest house.
D.
Statement of sanitary facilities of such hotel or guest house.
E.
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.
[Amended 3-14-2022 by Ord. No. 06-2022]
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.
[Amended 3-14-2022 by Ord. No. 06-2022]
The owner and 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: fifteen dollars ($15) per room, minimum fee three hundred dollars ($300).
[Amended 3-14-2022 by Ord. No. 06-2022]
There shall be appointed by the Board of Commissioners an inspector
of hotels and guest houses, to be known as the Hotel and Guest House
Inspector. Said Inspector shall serve on a yearly basis and shall
be appointed annually by the Board of Commissioners. The Inspector
shall make such investigations and inspections as shall be necessary
to determine whether or not the provisions of this article are being
observed. The Inspector shall report all violations to the Borough
Administrator.
[Amended 3-14-2022 by Ord. No. 06-2022]
A.
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. The Inspector shall report, in writing, the
result of the Inspector's examination, and if the report of said
Inspector discloses that the premises for which the 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 authorizes
and directs 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 Borough Administrator, Hotel and Guest House
Inspector and attested by the Borough Clerk.
B.
If the Inspector shall determine, upon inspection of the premises
for which the 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 the premises,
and the application fee shall be forfeited as reimbursement to the
Borough for costs of inspection.
C.
Nothing herein contained shall prevent the Chief of Police, Chief
of the Fire Department, a representative of the Board of Health, Inspector
of Buildings, Code Enforcement Officer, Fire Official, Guest and Rooming
House Inspector, 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.
[Amended 3-14-2022 by Ord. No. 06-2022]
A.
The license applied for or issued pursuant to this ordinance may
be denied, suspended, or revoked by the Hotel and Guest House Inspector
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.
B.
Upon written request made within five (5) days of the giving of such
notice, the applicant or licensee may request a hearing before the
Board of Commissioners, 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.
[Amended 3-14-2022 by Ord. No. 06-2022]
The owner and proprietor or operator of a hotel or guest house
shall maintain a register of guests with their names and permanent
residences, verified by government issued ID, 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.
[Amended 3-14-2022 by Ord. No. 06-2022]
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:
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(Name of premises)
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MANAGER ON DUTY
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(NAME)
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Such placard shall be prominently displayed at the registration
desk, and the lettering thereon shall be at least two (2) inches high.
[Amended 3-14-2022 by Ord. No. 06-2022]
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.
[Amended 3-14-2022 by Ord. No. 06-2022]
Any person not so registered with the Borough Clerk as a manager shall not 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.
[Amended 3-14-2022 by Ord. No. 06-2022]
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.
[Amended 3-14-2022 by Ord. No. 06-2022]
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 and shall be in compliance
with the NJ Fire Code.
[Amended 3-14-2022 by Ord. No. 06-2022]
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.
[Amended 3-14-2022 by Ord. No. 06-2022]
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. 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.
[Amended 3-14-2022 by Ord. No. 06-2022]
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.
[Amended 3-14-2022 by Ord. No. 06-2022]
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.
[Amended 3-14-2022 by Ord. No. 06-2022]
No gas, coal or electric range, microwave, hot plate or stove
or any other apparatus or appliance shall be used for the cooking,
heating, 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, heated 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.
[Amended 3-14-2022 by Ord. No. 06-2022]
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.
[Amended 3-14-2022 by Ord. No. 06-2022]
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.
[Amended 3-14-2022 by Ord. No. 06-2022]
It shall be unlawful for any owner of a private residence to
engage in the business of lodging or boarding of persons.
