[Adopted by the Mayor and Council of the Borough of Neptune
City 6-24-1957 by Ord. No. 57-3. Sections 84-4, 84-5, 84-6 and 84-12 amended at time of
adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The renting, leasing, maintaining, keeping, operating, conducting
or providing of overnight or temporary sleeping or housing 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,"
"motels," "tourist cabins," "motor lodges," "motor courts," "tourist
courts" or "tourist camps," wherein no meals are served.
Any room, cabin or quarters, whether or not physically attached
to or connected with any other building or structure, used for the
sleeping or housing accommodations in the business of conducting tourist
lodges.
Any person, individual, firm, association, partnership or
corporation.
No person shall engage in the business of conducting tourist
lodges, motels, tourist cabins, motor lodges, motor courts, tourist
courts and tourist camps without first having applied for and obtained
from the Borough of Neptune City a license to do so. No such license
shall be issued to any person who has been convicted of a crime involving
moral turpitude, nor shall any such license be issued to any corporation
in which any stockholder holding 5% or more of any of the stock thereof
or in which any director or officer shall have been convicted of a
crime involving moral turpitude within a period of five years from
the date of release or discharge from prison or other place of confinement,
either upon full discharge or upon probation.
Each applicant for such license shall make written application,
on forms prescribed and supplied by the Mayor and Council, setting
forth the following:
A.
The full name, residence and post office address of the applicant.
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 spaces 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.
A detailed description of the register or system used for the registration
of persons to whom accommodations are extended.
G.
Whether any person constituting the individual or partnership applicant
or whether the corporate applicant or any stockholder holding 5% or
more of the stock thereof or any director or officer thereof has ever
been convicted of any crime 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.
H.
In the case of corporate applicants, the names and residences of
all stockholders holding 5% or more of any of the corporation, the
names and residences of all officers of the corporation and the office
held by each.
[Amended 11-8-1976 by Ord. No. 76-10]
No cooking facilities of any kind shall be constructed, installed,
placed or used in any tourist lodge or motel within the Borough of
Neptune City; nor shall any food be prepared, cooked or made suitable
for human consumption on or about any such tourist lodge or motel;
nor shall the preparation, cooking or making suitable for human consumption
of food on or about or in such tourist lodge or motel be permitted
by the owners, managers, lessees, operators or licensees thereof,
except for a restaurant operating as such exclusively for the preparation
and serving of food, and except for one superintendent's or manager's
apartment containing not less than two rooms.
[Amended 11-8-1976 by Ord. No. 76-10]
The Borough Clerk shall forthwith forward said application to
the Health Officer of the Board of Health and to the Fire Inspector
of the borough, who shall inspect the premises to determine whether
or not the premises comply with Board of Health and fire ordinances[1] and regulations. If the premises do not comply, said officers
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. If the premises do so comply, said
officers shall attach thereto certificates of approval. The Borough
Clerk shall present said application, with said certificates of approval
attached, to the Mayor and Council. The Mayor and Council shall thereupon
cause to be made such further investigation of the premises and of
the information set forth in said application as it may deem necessary,
and shall determine on the basis of said investigation and application
whether or not such license shall be granted.
[Amended 11-8-1976 by Ord. No. 76-10; 12-13-1982 by Ord. No. 82-10; 7-22-2002 by Ord. No. 2002-14]
A.
A license issued under the provisions of this chapter shall be for
a term of one year, commencing January 1 and expiring December 31;
provided, however, that any license issued during the year 1957, and
after the effective date of this chapter, shall be at 1/2 the annual
rate. Each license shall be valid only to the applicant to whom it
is issued and to such applicant to whom the license may be transferred
as hereinafter provided. All licenses shall be displayed at a prominent
place on the licensed premises.
B.
On application made therefor, setting forth the same matters and
things as are required by this chapter 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 license fee for the license sought to be transferred,
may transfer to such applicant any license issued under the terms
and provisions of this chapter. Said 10% fee shall be retained by
the Mayor and Council whether the transfer is granted or not.
C.
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.
A.
Each licensee shall at all times cause to be maintained on the licensed
premises a register, consisting of consecutively numbered cards, which
shall constitute the register of the licensed premises. Said register
shall be preserved for three years upon the licensed premises.
B.
No person shall occupy and no licensee shall permit any person to
occupy any housing or lodging unit on the licensed premises, unless
each person or head of the party who is to occupy such housing unit
shall first:
(1)
Display to the licensee or a duly authorized agent or employee of
the licensee in charge of the register written evidence of his or
her identity and residence.
(2)
Write in the register immediately following the preceding registration,
in ink, and in his or her own handwriting, his or her full name and
address and, in the case of the operator of the motor vehicle or a
member of his party, the state license or registration number of the
motor vehicle conveying him or her to the licensed premises.
C.
If the registrant does not write in the register the information
herein required as to the motor vehicle, it shall be the duty of the
licensee or his duly authorized employee to write in said information.
D.
In addition to the foregoing information, the licensee shall cause to be written into the register, in ink, the number or name of the housing or lodging 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) hereof, the signature of the person taking or accepting the registration and the date when the occupant or occupants of each housing or lodging unit quit and surrender the same.
E.
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 Neptune City, or to any duly authorized
agent of the governing body of the Borough of Neptune City.
It shall be the duty of the Police Department of the Borough
of Neptune City 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 being complied with.
No licensee shall employ in, on or about the licensed premises
any person convicted of a crime involving moral turpitude within a
period of five years from the date of release or discharge from prison
or other place of confinement, either upon full discharge or upon
probation.
Any license issued under this chapter may be suspended or revoked
for any violation of this chapter, or for any conviction of any licensee
or of any stockholder holding 5% or more of the stock of any corporate
licensee, or director or officer thereof, of a crime involving moral
turpitude, after due notice of the charges and a hearing by the Council
of the Borough of Neptune City, at which time the licensee shall be
afforded full opportunity to be heard.
