[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 4-12-83 as Ord. No. 83-21. 12-27-83 by Ord. No. 83-53; 4-10-84 by Ord. No. 84-16; 11-13-84 by Ord. No. 84-45; 5-14-85 by Ord. No. 85-20; 9-22-92 by Ord. No. 92-36; 12-18-13 by Ord. No. 2013-35; amended in entirety 7-25-17 by Ord. No. 2017-18. Subsequent amendments noted where applicable.]
Ordinance No. 84-16 adopted 4-10-84 amended the title of this Chapter 80A.
Editor's Note: This ordinance also provided that "notwithstanding § 80A-6 (License fees) for the 1983 calendar year all payments will be 1/2 the regular fee required by § 80A-6A." Said ordinance also provided that it shall take effect 6-1-83.
As used in this chapter, the following terms shall have the meanings indicated:
- CRITICAL CLASSIFICATIONS
- A job classification related to housekeeping, food preparation or food service, front desk/front service and engineering at a hotel. Such classifications include but are not limited to room attendants, house persons, bell/door persons, front desk agents, engineers and maintenance employees, cooks, stewards, bartenders and servers.
- CRITICAL EMPLOYEES
- Employees who work in Critical Classifications.
- DISQUALIFYING VIOLATION
- A conviction or finding of liability for:
- (1) A crime involving terrorism or moral turpitude, including, but not limited to, prostitution, human trafficking, drug crimes and child pornography.
- (2) A violation of health and safety laws or codes, including, but not limited to, building safety, fire safety, and food hygiene laws which occurred within the past five years.
- (3) A violation of labor laws or codes which occurred within the past three years.
- (4) A willful violation of any of the provisions of Chapter 80A which occurred within the past five years.
- Any person who occupies a unit of dwelling space either as a temporary occupant or transient in an establishment holding itself out as serving transients or on a temporary or permanent basis in an establishment providing housekeeping or dining services on a regular basis to occupants.
- HOTEL, MOTEL
- Any person, partnership, firm, association or corporation in the business of conducting a hotel, motel, inn, tourist home, or similar establishment where sleeping accommodations are furnished for pay to persons, regardless of whether such persons are tourists, transients or residents. The term hotel, motel and lodging house shall be used interchangeably.
- HOTEL OPERATOR
- An agent of the hotel owner, which operates the entirety of the hotel or motel.
- HOTEL OWNER
- The person or entity which has title to the premises which operates as a hotel or motel.
- The holder of the license to conduct such hotel or motel business.
- MODIFIABLE MEDIA
- Any media which has yet to be disseminated or which may be modified after dissemination, including but not limited to any type of digital advertising. By way of example, an ad in print newspaper that has already been printed is not modifiable, but a digital ad is. By way of further example, a hotel's web site, social media account webpage, booking site and the like are modifiable media.
- Any person or persons, including guests, in actual physical possession or occupancy of a unit of dwelling space on a regular basis. For purposes of assigning specific duties or responsibilities, the term "occupant," unless the text indicates otherwise, shall mean the tenant, lessee, head of the family or household or other adult person or emancipated minor assuming basic responsibility for the continued renting or occupancy of the dwelling space.
- An individual, firm, partnership, corporation or association of persons.
- PREDECESSOR EMPLOYER
- A hotel which employed critical employees to provide services at a Hotel immediately prior to a successor employer.
- ROOMING HOUSES, BOARDING HOUSES AND OTHER LODGING FACILITIES
- Any building, together with any related structure, which is not regulated by the State of New Jersey, Department of Community Affairs pursuant to the Rooming and Boarding House Act of 1979 and amendments thereto.
- SERVICE DISRUPTION
- The occurrence of any of the following:
- (1) The temporary or permanent closure of any advertised amenity for a period of 24 hours or more, including but not limited to, pool, spa, shuttle service or food and beverage service.
- (2) Any uncontested or final determination by a local, State or Federal court or agency of health or safety violations, including, but not limited to, food safety, fire safety, building safety or the like.
- (3) Any construction that creates unusual noise.
- (4) Any strikes, lockouts, picketing or protest activity.
- (5) Any infestation of hotel rooms by bed bugs, lice or other insects or vermin that are capable of spreading disease or being carried that has not been evaluated and/or in the process of being remedied by a licensed exterminator.
- SUCCESSOR EMPLOYER
- A new hotel that succeeds the predecessor employer in the provision of any similar services at a hotel.
No person shall engage in the business of conducting a hotel or motel without first obtaining a license therefor from the Town of Secaucus as hereinafter provided.
Each applicant for such license shall make a written application on a form supplied by the Construction Code Official setting forth:
The name, residence and postal address of the applicant.
The exact location of the proposed licensed premises.
A description of the buildings, structures and accommodations upon said lands.
A statement of the number of housing or lodging units at said hotel or motel and the maximum number of persons that can be accommodated at any given time.
A description of the automobile parking spaces and facilities.
The name and address of the owner of said land and buildings.
The name or names of the person or persons on the licensed premises upon whom process may be served.
A detailed description of the register or system used for the registration of persons to whom accommodations are extended as required by § 80A-9 hereof.
Whether any person or any partner of a partnership, member of a limited liability corporation or any stockholder of a corporation holding 5% or more of the stock thereof or any director or officer thereof, has ever been liable for a disqualifying violation and if so, the details thereof, including, with respect to each conviction, the name of the person convicted, the date thereof, the nature of the crime, the court in which the conviction was entered and the punishment imposed.
A statement of the measures that will be taken to prevent criminal activity in the hotel including terroristic acts, prostitution, drug use or sale, assault and battery and the like.
A statement of the measures that will be utilized to avoid excessive noise, congestion and conditions that would necessitate the utilization of public resources and/or impede vehicular or pedestrian traffic, such as public intoxication, loitering, construction, repairs, strikes, pickets, or other activity.
In the case of corporate or Limited Liability Company ("LLC") applicants, the names and residences of all stockholders/members holding 5% or more of any stock of the corporation, the names and residences of all officers of the corporation or LLC and the office held by each.
Application change. Any change in the information set forth in the application during the term of the license shall be forthwith communicated by the licensee in writing to the Construction Code Official.
Renewal application. Each applicant for a renewal license shall make a written application each year on a form supplied by the Construction Code Official setting forth all of the information set forth in Subsection A and, in addition:
A description of any disruptions that created noise or impeded vehicular or pedestrian traffic outside of the hotel, such as public intoxication, loitering, construction/repairs, pickets or protest activity that required outreach to and/or involvement of police or on-site security. For each such incident, provide a detailed explanation, including the licensee's response and plan to prevent recurrence, if any.
A description of any charges filed or convictions based on criminal activity at the hotel, including, but not limited to, terroristic acts, the use or sale of drugs, prostitution, assault or battery, and the like. For each such incident, provide a detailed explanation, including the licensee's response and plan to prevent recurrence.
No such license shall be issued to or renewed for any person who has a disqualifying violation, nor shall any such license be issued to any corporation or limited liability corporation in which any stockholders/members holding 5% or more of any of the stock thereof or in which any director, officer or member shall have a disqualifying violation. A license applicant may request a waiver of this bar by submitting a letter with an explanation of the disqualifying violations and how they have been remedied, along with any supporting documentation. The Mayor and Council shall have the authority to grant such a waiver after reviewing the applicant's request, if they determine that the disqualifying violations have been remedied, are unlikely to recur, and denial of a license would be contrary to the interests of the Town and would cause undue hardship to the applicant.
The Construction Code Official shall forward copies of all applications for initial and renewal licenses to the Health Officer and the Fire Inspector of the Town of Secaucus, each of whom, including the Construction Code Official, shall inspect the premises to determine whether or not the premises comply with applicable health, fire and construction code ordinances, regulations and statutes. If the premises do not comply with such regulations, said official shall notify immediately the Construction Code Official in a written report, or in the case where the Construction Code Official determines noncompliance with the applicable regulations, which the Construction Code Official shall attach to the application and forward to the applicant, notifying the applicant that his application is denied. The applicant may correct any deficient situation and request a reinspection for the purpose of securing a hotel-motel license. The Construction Code Official shall also forward a copy of the application to the Secaucus Police Department for investigation of the applicant. If the reports of the aforementioned Town officers/inspectors and Police Department indicate that the premises and applicant are satisfactory, the Construction Code Official shall certify the same and issue said license along with a copy of the approved application to the Mayor and Council.
The Official shall consider the following in determining whether to grant an initial or renewal license:
The applicant has demonstrated an ability to ensure the health and safety of customers, employees, residents and others who interact with the applicant's business.
Applicant's employment practices reflect Secaucus' desire to promote good jobs and economic benefits for its residents and those who work within its boundaries.
The applicant's business is not substantially disruptive to the peace, comfort or overall well-being of the surrounding community. Examples of disruptions include, but are not limited to, undue noise; congestion; obstruction of pedestrian or vehicular traffic; and circumstances unjustifiably conducive to public intoxication/loitering, crowds/noise and criminal activity.
The applicant does not rent or offer to rent rooms for periods of less than 12 consecutive hours.
The applicant's hospitality business is operated in such a manner that attracts and does not deter entities from seeking hospitality services in Secaucus and that promotes Secaucus' competitive advantage with respect to other, nearby hospitality markets.
The applicant has not violated the rules contained in this section, unless the applicant has sufficiently remedied violation(s) and minimized the possibility of the recurrence of such violation(s).
The requirements of N.J.S.A. 55:13A-1 et al and all local, State and Federal regulations are met.
The annual fee per calendar year for said license shall be as follows: each establishment of less than 100 units: $250; each establishment with more than 100 units: $350.
All licenses issued under the provisions of this chapter shall be for a term of one year commencing on January 1 and expiring on December 31 of the year of their issuance.
All licenses shall be prominently displayed on the licensed premises.
Every license issued under the authority of this chapter shall be for the calendar year or any part thereof in which the same is issued. Applications for renewal thereof shall be made to the office of the Construction Code Official before January 1 of the succeeding calendar year.
Each license shall be valid only to the hotel owner to whom it is issued and for the premises stated on the license. Each premises may have only one license holder. Only the license holder may employ critical employees. A license may be transferred to another hotel operator for the same premises stated on the license for a transfer fee of $25 provided the hotel operator comply with all provisions of this chapter and obtain a license from the Construction Code Official, which shall presume that any current certification issued remains valid.
A license may be transferred from a predecessor employer to a successor employer for the same premises stated on the license for a transfer fee of $25 provided the successor obtains a license, which shall presume that the certification issued by the Construction Code Official remains valid and, provided further, that the successor employer shall fill its job positions in Critical Classifications at the hotel by first hiring from the pool of critical employees who have been or who are being displaced by the departure or reduction-in-force of a predecessor employer at such hotel and shall offer such employees equal or better wages and benefits.
Irrespective of the number of units/rooms of a hotel, motel, rooming house or boarding house, each licensee shall at all times maintain on the licensed premises a register, either digital or written, consisting of consecutively numbered cards or consecutively numbered spaces in a numbered book or have a substantially similar registration system, which shall constitute the register of the licensed premises. The licensee shall make a good faith effort to preserve such register for three years upon the licensed premises. However, the licensee shall not be deemed to be in violation of the subsection if such register/records have been inadvertently destroyed provided, however, that the licensee advises the Town each time, and within seven business days of such inadvertent destruction, of the extent of such loss.
No person, guest or occupant shall occupy and no licensee shall permit any person to occupy any housing or lodging unit on the licensed premises, unless each person, guest or occupant or the head of the party who is to occupy such housing unit shall first:
Display to the licensee or to a duly authorized agent or employee of the licensee in charge of the register, written evidence of their identity and residence. Such written evidence shall include a valid driver's license, passport, Military ID and any other photo identification card issued by any Federal, State or local governmental agency.
Document in the register immediately following the latest registration, in ink and in their own handwriting, their full and true name and address and the name and address of each person, guest or occupant or the head of the party to occupy the unit, or provide and acknowledge the information in a substantially similar manner and, in the case of the operator of the motor vehicle or a member of the party who has arrived at said hotel or motel in a motor vehicle, the State license or registration number of the motor vehicle conveying them to the licensed premises. If the registrant does not provide the information herein required as to the motor vehicle, it shall be the duty of the licensee or his duly authorized employee to write or input said information.
In addition to the foregoing information, the licensee shall cause to be written or recorded in the register, the number or name of the unit assigned to each registrant, the date and hour of registration, a brief description or designation of the identification displayed to the licensee by the registrant pursuant to Subsection B(1) of this section, the signature of the person taking or accepting the registration and the date when the person, guest or occupant or occupants of each housing or lodging unit quits and surrenders the same.
In addition to the foregoing information, the licensee shall maintain the in its registry the full true name and address of each critical employee.
Said register and information shall be kept and preserved by the licensee for three years and shall be available on request at any hour of the day or night to any police officer, Fire Official or Inspector or Construction Official of the Town, subject to the hotel's right to demand an administrative or judicial subpoena in accordance with the law.
It shall be the duty of members of the Police Department, Fire Official or Inspector or Construction Official of the Town, to inspect the licensed premises from time to time, at any hour of the day or night, to determine that the provisions of this chapter are followed.
No licensee shall employ in, on or about the licensed premises any person convicted of a crime involving moral turpitude within a period of three years from the date of such conviction.
Any license issued under this chapter may be suspended or revoked by the Construction Code Official for any of the following causes, provided that said licensee shall be afforded a hearing and reasonable notice of such hearing prior to such suspension or revocation before the Town Administrator.
Knowingly permitting the licensed premises to be used regularly, alone or in association with others, for "lewdness" or "public indecency," both defined by Title 2C of the New Jersey Statute Annotated (New Jersey Code of Criminal Justice) or any disorderly conduct or any other violation of the law or failure to make reasonable effort to abate such use by ejecting such tourists, transients, travelers or other occupants of the licensed premises, notifying law enforcement authorities or other legal means.
False statements made in an application for a license.
Notice of the hearing for suspension or revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be given personally or mailed to the licensee at his last known address at least five days prior to the date set for such hearing.
Such license may, pending suspension or revocation proceedings, be suspended for not more than 10 days by the Construction Code Official if, in his opinion, the conduct of the licensee is detrimental to the health, safety and welfare of guests of said hotel or motel or the inhabitants of the Town.
A licensee may appeal any decision of the Town Administrator to the Mayor and Council by the filing of a written notice to appeal within seven days of the Town Administrator's decision. The Mayor and Council shall hear such appeal within 10 days of the notice to appeal by the applicant. An appeal to the Mayor and Council shall stay a suspension or revocation. The Mayor and Council shall affirm, reverse, modify or remand back to the Town Administrator such decision, to the licensee within 15 days of such hearing.
Notifications. Upon the occurrence of a Service Disruption, Hotels shall have the affirmative obligation, within 24 hours, to notify guests and potential guests in all modifiable mediums in which the hotel advertises, solicits customers or through which customers can book or reserve rooms or services. Such notification shall be displayed prominently and unmistakably and must state the nature of the service disruption at the beginning of such communication in large font and distinct color.
Exceptions. No obligation to notify will apply if the service disruption is fully resolved within 24 hours.
For purposes of this section, the term guests shall also include a customer of the meeting, food or beverage facilities and services offered by a hotel.
Any person, limited liability corporation or corporation, by its officers, employers, agents or members who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days or both. The continuation of each successive day shall constitute a separate offense and the person or persons allowing or permitting the continuation of the violations may be punished as provided for above for each separate offense.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.