[Added 5-15-2017 by Ord.
No. 2017-7; amended 12-2-2019 by Ord. No. 2019-36]
For the purpose of this chapter, the following words will have
the following meanings:
Any structure, group of structures, or any portion of any
structure that is occupied or intended or designed for occupancy by
transients for dwelling, lodging or sleeping purposes. For purposes
of this chapter, the term "motel" shall include any hotel, inn, tourist
home or residential rental housing having three or more rental units
or apartments, or any other similar structure or portion thereof.
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.
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 Mount Laurel Township is temporary
or fleeting. In determining whether a person is a "transient," uninterrupted
periods of time extending both prior or subsequent to the effective
date of this chapter may be considered.
The sleeping accommodations of a motel shall be rented only
for the use of 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 motel shall maintain at all
times a complete register of all rentals there and the true identification
and correct dates of occupancy of each person using any room on the
premises.
A.
No guest shall use or occupy any room or a portion of any room in
any motel for a period of more than 14 consecutive days or more than
14 days during any ninety-day period. A portion of a calendar day
shall constitute a full day. The period of occupancy continues even
if the occupant moves to another room in the same motel or to another
motel within the Township of Mount Laurel.
B.
A minimum of seven days prior to the expiration of the fourteen-day
limit, it shall be an affirmative duty of the operator to petition
the Chief of Police in writing to permit a guest to avail himself
of the use of the motel for a period longer than 14 days when such
guest provides i) proof of current, valid residency more than 30 miles
from Mount Laurel Township and is utilizing the motel while performing
a temporary function or service in Mount Laurel Township, such as
employment on a construction project, or ii) where the guest is in
need of temporary quarters while improvements are being performed
on the 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 14 days remains at the sole
discretion of the Chief of Police and may be appealed to the Township
Council in writing and filed with the Township Clerk.
(1)
In the event that objections in writing are filed with the Township
Clerk as to the denial of permission to stay longer than 14 days,
the Township Council shall set a date for a hearing to be held on
the denial of permission at a reasonable time thereafter. The Township
Council shall then proceed to hear the objections and all evidence
and within 10 days determine whether the appeal shall be granted or
denied. A denial of an appeal shall be in writing, and the reasons
for a denial shall be stated. If the circumstances warrant, the Township
Council may hold an additional hearing on a date set by the Township
Council.
C.
Identification of renters; renting for improper purposes prohibited.
In addition to the other rules and regulations promulgated hereunder,
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.
D.
The owner or employee 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.
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 for legal residents of the United States
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. For persons legally residing outside
the United States, valid government identification shall include an
official passport, U.S. visa, INS alien registration card or INS border
crossing card.
(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 the
guest's vehicle, if the guest intends to park a vehicle at the
establishment. Irrespective of method of payment, the motel operator
shall comply with this section.
(5)
An operator shall notify any guest who fails 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 Mount Laurel Police Department or other law enforcement agency,
in the event of a police service incident or investigation 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 an administrative subpoena, an administrative search
warrant, or other court order has been issued or denied. If the operator
or the operator's designee cannot be located, or if inspection
is refused, the police officer or an authorized representative may
seek entry by serving the issuance of the administrative subpoena,
an administrative search warrant, or other court order authorizing
the inspection of the record log.
(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.
(d)
If, upon refusal to allow the officer to inspect the record,
and the officer requires the record to be secured, the officer or
authorized representative must apply for the administrative subpoena,
administrative search warrant, or such other court order in an expeditious
fashion, but within no less than 48 hours following said refusal.
(e)
Administrative subpoena/administrative search warrant.
[1]
In the event that the law enforcement officer or authorized
representative seeks an administrative search warrant, same shall
be sought and processed and the conduct of same shall be in accordance
with applicable New Jersey Court Rules and/or other statutes.
[2]
In the event that the law enforcement officer or authorized
representative seeks an administrative subpoena, then same may only
be sought if the Township's governing body has established an
investigative committee under the New Jersey Municipal Investigations
Act, N.J.S.A. 40:48-25 et seq. Should the governing body form such
an investigative committee, it shall be entitled to exercise all powers
delegated to it under said statutory provisions, including the authority
to issue subpoenas such as those contemplated herein.
B.
Notification to police of suspicious guests. The motel operator shall
make reasonable effort to notify the Mount Laurel 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.
C.
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 Mount Laurel Police Department.
A.
Noncompliance with the terms and conditions of this chapter shall
constitute a violation.
B.
Each and every day any violation of this chapter exists or continues
to exist shall be determined as a violation or offense under this
chapter.
C.
Any person, firm, partnership, corporation or entity violating any
provision of this chapter by the performance of a prohibited act or
by failing, neglecting or refusing to do any act or anything required
by this chapter 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.
D.
Any guest violating any provision in violation of this section, upon
a trial and conviction by a court of competent jurisdiction, shall
pay a fine of $500.
