[HISTORY: Adopted by the Mayor and Council of the Town of
Secaucus 4-12-1983 as Ord. No. 83-21. 12-27-1983 by Ord. No. 83-53;
4-10-1984 by Ord. No. 84-16; 11-13-1984
by Ord. No. 84-45; 5-14-1985 by Ord. No. 85-20; 9-22-1992 by Ord. No. 92-36; 12-18-2013 by Ord.
No. 2013-35; amended in entirety 7-25-2017 by Ord. No. 2017-18. Subsequent amendments
noted where applicable.]
Ord. No. 84-16, adopted 4-10-1984, amended the title of this Chapter 80A.
Ord. No. 2023-35, adopted 12-20-2023, 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 6-1-1983.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
Employees who work in Critical Classifications.
A conviction or finding of liability for:
A crime involving terrorism or moral turpitude, including, but
not limited to, prostitution, human trafficking, drug crimes and child
pornography.
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.
A violation of labor laws or codes which occurred within the
past three years.
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.
Any building, including but not limited to any related structure,
accessory building, and land appurtenant thereto, and part thereof,
which contains 10 or more units or sleeping facilities for 25 or more
persons, and is kept, used, maintained, advertised as, or held out
to be, a place where sleeping or dwelling accommodations are available
to transient or permanent guests. At least 85% of the hotel or motel
units must be for transient guests. The terms "hotel," "motel" and
"lodging house" shall be used interchangeably.
[Amended 12-12-2023 by Ord. No. 2023-35]
Any person, partnership, firm, association, corporation or
limited-liability corporation in the business of owning or 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. This
shall include an agent of the hotel owner, which operates the entirety
of the hotel or motel.
[Amended 12-12-2023 by Ord. No. 2023-35]
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.
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.[1]
An individual, firm, partnership, corporation, limited-liability
corporation or association of persons.
[Amended 12-12-2023 by Ord. No. 2023-35]
A hotel which employed critical employees to provide services
at a hotel immediately prior to a successor employer.[2]
The occurrence of any of the following:
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.
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.
Any construction that creates unusual noise.
Any strikes, lockouts, picketing or protest activity.
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.
A new hotel that succeeds the predecessor employer in the
provision of any similar services at a hotel.
A stay or residence at a hotel or motel for a period lasting
no more than 90 days.
[Added 12-12-2023 by Ord. No. 2023-35]
[1]
Editor's Note: The former definition of "occupant," which
immediately followed this definition, was repealed 12-12-2023 by Ord. No.
2023-35.
[2]
Editor's Note: The former definition of "rooming houses, boarding
houses and other lodging facilities," which immediately followed this
definition, was repealed 12-12-2023 by Ord. No. 2023-35.
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.
[Amended 12-12-2023 by Ord. No. 2023-35]
A.Â
Each applicant for such license shall make a written application
on a form supplied by the Construction Code Official setting forth
or attaching the following to indicate that all license requirements
stated below are met:
(1)Â
The name, residence and postal address of the applicant.
(2)Â
The exact location of the proposed licensed premises.
(3)Â
A description of the buildings, structures and accommodations upon
said lands.
(4)Â
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.
(5)Â
A description of the automobile parking spaces and facilities.
(6)Â
The name and address of the owner of said land and buildings.
(7)Â
The name or names of the person or persons on the licensed premises
upon whom process may be served.
(8)Â
A detailed description of the register or system used for the registration of persons to whom accommodations are extended as required by § 80A-9.
(9)Â
Whether any hotel operator, person, partner or stockholder of a partnership,
firm, association, corporation or 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.
(10)Â
A statement of the measures that will be taken to prevent criminal
activity in the hotel including terroristic acts, prostitution, drug
use or sale, theft, assault and battery and the like.
(11)Â
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.
(12)Â
The names and residences of any hotel operator, person, partner
or stockholder of a partnership, firm, association, corporation or
limited-liability corporation, and the names and residences of all
officers and the office held by each.
(13)Â
A
copy of the certificate of registration issued by the State of New
Jersey pursuant to N.J.S.A. 55:13A-12 and N.J.A.C. 5:10-1.11.
(14)Â
A
statement of compliance with all relevant provisions of the New Jersey
Uniform Fire Code, N.J.A.C. 5:70-1.1 et seq.
(15)Â
A
copy of hotel policy on fire safety in units, such as a safe operation
guide for any cooking apparatus or a prohibited cooking apparatus
list, and a statement as to how copies are provided to each guest
or provided in each unit in the interest of fire safety.
B.Â
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.
C.Â
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:
(1)Â
A description of any disruptions that created noise, nuisance 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.
(2)Â
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.
(3)Â
A list
of any fire and alarm system calls and emergency service responses
in the preceding year. If excessive or repetitive in nature, provide
a detailed explanation including the licensee's response, actions
taken and plan to prevent recurrence.
[Amended 12-12-2023 by Ord. No. 2023-35]
All hotels and motels are subject to the following:
A.Â
At least
85% of the hotel or motel units must be for transient guests. Transient
guests cannot extend their stay longer than 90 days by moving into
another unit within the same establishment. A permanent, on-site living
arrangement for management personnel is excluded for nontransient
rentals. Hotels and motels licensed for the year 2023 shall adhere
to the limitation on nontransient rentals by December 31, 2024. This
subsection shall apply immediately to hotels and motels newly licensed
after the adoption of this ordinance on December 12, 2023.
B.Â
For hotel
and motel units that install or want to permit the preparation, cooking
or heating of food in a unit, mechanical ventilation sufficient to
promptly remove cooking odors and vapor to the exterior of the premises
without first circulating them within the interior habitable space
of the unit are required. This subsection shall not apply to kitchen
facilities in hotel and motel units previously permitted and legally
operating prior to the adoption of this ordinance on December 12,
2023.
C.Â
A hotel
or motel, or any portion of such, shall not be used as an emergency
shelter or homeless shelter unless authorized by the Town of Secaucus
pursuant to a resolution in coordination with local and county offices
of emergency management, health departments and law enforcement.
A.Â
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.
[Amended 12-12-2023 by Ord. No. 2023-35]
B.Â
The Official shall consider the following in determining whether
to grant an initial or renewal license:
(1)Â
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.
(2)Â
Applicant's employment practices reflect Secaucus' desire to promote
good jobs and economic benefits for its residents and those who work
within its boundaries.
(3)Â
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.
(4)Â
The applicant does not rent or offer to rent rooms for periods of
less than 12 consecutive hours.
(5)Â
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.
(6)Â
The applicant has not violated the provisions contained in this chapter,
or the applicant has sufficiently remedied violation(s) and minimized
the possibility of the recurrence of such violation(s) in a manner
and to an extent that is satisfactory to the Construction Code Official.
[Amended 12-12-2023 by Ord. No. 2023-35]
(7)Â
The requirements of N.J.S.A. 55:13A-1 et al and all local, State
and Federal regulations are met.
(8)Â
The
applicant, hotel operator, person, partner or stockholder of a partnership,
firm, association, corporation or limited-liability corporation does
not have a disqualifying violation.
[Added 12-12-2023 by Ord. No. 2023-35]
(9)Â
The
applicant provided full information and not made any false statements
in connection with an application for licensure under this chapter.
[Added 12-12-2023 by Ord. No. 2023-35]
[Amended 6-27-2023 by Ord. No. 2023-11]
A.Â
The annual fee per calendar year for said license shall be as follows:
each establishment of less than 100 units: $1,200; each establishment
with more than 100 units: $1,500.
A.Â
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.
B.Â
All licenses shall be prominently displayed on the licensed premises.
C.Â
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.
A.Â
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.
B.Â
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:
(1)Â
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.
(2)Â
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.
C.Â
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.
D.Â
In addition to the foregoing information, the licensee shall maintain
the in its registry the full true name and address of each critical
employee.
E.Â
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.
[Amended 12-12-2023 by Ord. No. 2023-35]
A.Â
The person, partnership, firm, association, corporation or limited-liability corporation receiving a license pursuant to this chapter shall comply with all conditions set forth. Noncompliance with the requirements of this vhapter or with a license may subject the person, partnership, firm, association, corporation or limited-liability corporation receiving a license to suspension or revocation of the license and/or a penalty as specified in Subsection B.
B.Â
Any person, partnership, firm, association, corporation or limited-liability
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.
A.Â
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.
B.Â
Exceptions. No obligation to notify will apply if the service disruption
is fully resolved within 24 hours.
C.Â
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.
[Amended 12-12-2023 by Ord. No. 2023-35]
Whenever an application for a license or renewal is denied,
or a license is revoked or suspended pursuant to this chapter, the
applicant or licensee may appeal such to the Town Administrator by
filing a written notice of appeal with the Town Clerk within 10 days
after receiving written notice of the denial, revocation or suspension.
The Town Administrator shall thereafter hold a hearing within 20 days
on the matter and may modify, affirm or reverse the decision. At the
sole discretion of the Construction Code Official, the licensee may
or may not be permitted to operate pending appeal and the final decision
in the interest of health, safety and welfare.
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.
