[Adopted 4-9-1974 by Ord. No. 621 (Ch. 118, Art. I, of the 1966 Code)]
[Amended 4-10-1979 by Ord. No. 79-694]
A. 
As used in this article, the following terms shall have the meanings indicated:
BUSINESS OF CONDUCTING TOURIST LODGES, CABINS, CAMPS, INNS, MOTELS AND HOTELS
The renting, leasing, maintaining, keeping, operating, conducting or providing of overnight or temporary sleeping accommodations, for a consideration, to tourists, transients or travelers in any building or structure, or group of buildings or structures, devoted exclusively or primarily to said business, commonly known as "tourist lodges," "motor lodges," "motor courts," "tourist courts," "tourist camps," "inns" and "motels and hotels," whether meals are served therein or not.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
HOTEL
Every building kept, used, maintained, advertised or held out to be a place where sleeping accommodations are supplied, for pay, to transient guests, in which 15 or more rooms on the premises are rented, furnished or unfurnished, including any rooms found to be arranged for or used for sleeping purposes, with or without meals, for the accommodation of such guests, or every building or part thereof which is rented for hire to 30 or more persons for sleeping accommodations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
HOUSING OR LODGING UNIT
Any room, cabin or quarters, whether or not physically attached or connected with any other buildings or structures, used for sleeping accommodations in the business of conducting tourist lodges, cabins, camps, inns, motels and hotels.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
PERSON
Any person, individual, firm, association, partnership or corporation.
B. 
A residential dwelling which does not have more than five rooms rented or used for tourist business is not governed or regulated by this article.
[Amended 4-10-1979 by Ord. No. 79-694]
No person shall engage in the business of conducting tourist lodges, cabins, camps, inns, motels and hotels without first having applied for and received from the Borough of Montvale a license to do so.
[Amended 4-10-1979 by Ord. No. 79-694]
Each applicant for such license shall make written application on forms prescribed and supplied by the Mayor and Council, setting forth:
A. 
The full name, residence and post office address of the applicant and of any person or persons, not the applicant, who have an interest, directly or indirectly, in the business or, if the applicant or such person or persons having an interest, directly or indirectly, in the business are a corporation or partnership, the names, residences and post office addresses of the officers, stockholders, directors, partners or any other person or persons having an interest, directly or indirectly, in the ownership of said corporation or partnership.
B. 
The exact location of the proposed licensed premises, giving the street address, block and lot number as shown on the Tax Assessment Map of the Borough, and the exact dimensions of the lands upon which the business is to be conducted.
C. 
A description of the buildings, structures and accommodations upon said lands, including a statement of the number of housing or lodging units; the maximum number of persons who can be accommodated at any given time; a description of the character of said buildings or structures as to size, type of construction and whether or not the same are fireproof; and a description of automobile parking space and facilities.
D. 
The name and address of the owner of said lands and buildings.
E. 
The name or names of the person or persons on the licensed premises upon whom process may be served.
F. 
Whether any of the persons required by Subsection A above to be named in this application have ever been convicted of a crime. If the answer to the foregoing is yes, the details of such conviction shall be stated.
[Amended 4-10-1979 by Ord. No. 79-694]
A. 
The Borough Clerk shall forthwith forward the application to the Health Officer of the Board of Health and to the Fire Prevention Bureau of the Borough of Montvale, who shall inspect the premises to determine whether or not the premises comply with the Board of Health and fire ordinances and regulations. If the premises do not so comply, the Secretaries of said Board and/or Bureau shall attach to said application a written list of recommendations and return the same to the Borough Clerk, who shall, in turn, return said application to the applicant.
B. 
The Chief of Police shall cause to be made an investigation of all persons having direct or indirect interest in the business, which persons are required by § 362-3A of this article to be named in the application, or in the premises, which persons are required by § 362-3D of this article to be named in the application. The investigation shall be concerned particularly with the criminal record or other evidences of bad moral character of any of the persons so named.
C. 
If the premises does comply with the health and fire regulations, it shall be the duty of the Mayor and Council to issue a license to the applicant, unless by reason of the unfitness of any or several of the persons pursuant to § 362-3A or D of this article, as determined by the following standards, it shall deem issuance of a license to the applicant to be reasonably detrimental to the public health and morals.
D. 
The reasons for which an application may be denied are:
(1) 
Such applicant has made a material false statement or concealed a material fact in connection with the application.
(2) 
Such applicant, or any person named in the application pursuant to § 362-3A or D of this article, was the former holder of a license similar to the one applied for here, or was an officer, director, stockholder or partner in a corporation or partnership which held such a license, and which license has been revoked or suspended by the proper authority.
(3) 
Such applicant or the persons set forth in the application as the owners of the business or premises are not the true owners thereof.
(4) 
Such applicant, or any other person named pursuant to § 362-3A or D of this article, has been convicted of a crime involving moral turpitude.
(5) 
Such applicant, or the persons named in the application pursuant to § 362-3A or D of this article, are of bad moral character.
E. 
If an application is denied because of unfitness or one or more of the aforementioned grounds, the applicant shall be informed of the specific reasons for such denial and shall be entitled, at his request, to a hearing before the Mayor and Council, at which hearing the applicant shall be afforded the opportunity to offer any reasons which may tend to offset the facts on the basis of which his application was denied.
[Amended 4-10-1979 by Ord. No. 79-694]
A. 
The annual fee for said license shall be as provided in § 457-9, Fees, Subsection B.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
The license fee is hereby declared to be for the purpose of revenue.
[Amended 4-10-1979 by Ord. No. 79-694]
Any license issued under the provisions of this article shall be for the term of one year, commencing January 1 and expiring December 31; provided, however, that any license issued during the year 1979 shall run from the date of issuance to December 31, 1979, and the fee thereof shall be apportioned accordingly. From and after January 1, 1980, no license fee shall be apportioned, regardless of the date on which said license may be issued. Each license shall be valid only to the applicant to whom the license may be transferred as hereinafter provided. All licenses shall be displayed at a prominent place on the licensed premises. On application then made therefor, setting forth the same matters and things as are required by this article to be set forth in connection with an original application for a license, the Mayor and Council, with the consent of the licensee and upon payment of a fee of 10% of the annual fee for the license sought to be transferred, may transfer to such applicant any license issued hereunder under the terms and provisions of this article, and 10% shall be retained by the Mayor and Council whether it be granted or not. Any change in any of the information set forth in the application during the term of the license shall forthwith be communicated by the licensee, in writing, to the Borough Clerk.
[Amended 4-10-1979 by Ord. No. 79-694; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Each licensee shall at all times cause to be maintained on the licensed premises a register, consisting of a permanently bound volume of consecutively numbered pages immediately following the effective date hereof, or a permanent card system enclosed in a metal card index box with consecutive numbered cards immediately following the effective date hereof, or an electronic or computer-generated file with consecutively numbered records immediately following the effective date hereof. Each licensee shall submit to the Borough Clerk of the Borough of Montvale said register or permanent metal card index box or electronic or computer-generated file, and the Borough Clerk shall endorse on the flyleaf of the register or on the outside cover of the card index box or on the disc or device on which the electronic or computer-generated file is stored the words "official register," followed by the name of the licensee, the date of endorsement and the signature of the Borough Clerk. No registration hereinafter required to be made shall be made in any register other than the official register endorsed as aforesaid unless and until said official register shall have been completely filled. Upon the filling of any register, it shall be preserved at all times on the licensed premises, and a new register endorsed as aforesaid shall thereupon be used for subsequent registrations. Said register shall be kept and preserved by the licensee and shall be available on request at any hour of the day or night to any police officer of the Borough of Montvale. The system of registration as described in the licensee's application shall not be altered in any manner.
No person shall occupy and no licensee shall permit any person to occupy any room on the licensed premises unless the head of the party or the person renting the accommodations shall first:
A. 
Display to the licensee or to a duly authorized agent or employee of the licensee in charge of registration written evidence of his or her identity and residence and, in addition thereto, write or cause to be written on the card record in ink his or her full and true name and address and the full and true name and address of each member of the party and, in the case of an operator of a motor vehicle, the state license or registration number of the motor vehicle conveying him or her to the licensed premises.
B. 
In addition to the foregoing, the licensee shall cause to be written into the register in ink the number of the room designated to each registrant, the date and hour of the registration, the signature or identification of the person taking or accepting the registration and the date and hour when the occupant or occupants of each room surrenders the same.
It shall be the duty of the Police Department of the Borough of Montvale to inspect the premises from time to time, at any hour of the day or night, to determine that the provisions of this article are being complied with.
Any license issued under this article may be revoked for any violation of this article, after due notice of the charges and a hearing at which the licensee shall be afforded full opportunity to be heard.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Violations of this article shall be punished as set forth in Chapter 1, Article I, General Penalty.
If any section, subsection, sentence, clause or phrase of this article is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this article, but such decision shall apply only to the section, subsection, sentence, clause or phrase so invalidated as it contains or relates to a requirement for obtaining a license; the other requirements not so invalidated shall be deemed to be the only requirements necessary for obtaining a license and shall remain in full force and effect.
Ordinances or parts thereof in force at the time that this article shall take effect and are inconsistent therewith are hereby repealed.