[HISTORY: Adopted by the City Council of the City of Hackensack 2-23-2021 by Ord. No. 06-2021. Amendments noted where applicable.]
It is declared that the operation of hotels and motels, as defined in this chapter, is a business affecting the public health, safety and welfare of the City of Hackensack and its residents. In order to ensure the protection of such public health, safety and welfare, the City finds that it must license and regulate such establishments in a manner authorized by and consistent with state statute and regulations. This chapter is not for revenue purposes.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Includes an individual, all partners, all principals of an association, all members of a limited liability company, all stockholders of a corporation as well as all corporate officers.
EXTENDED STAY HOTEL OR MOTEL
A building containing guest rooms for lodging, offered to the public for compensation, which are advertised, designed, intended, marketed or routinely utilized for weekly or monthly occupancy, or alternatively, in which at least 30% of the guest rooms have facilities for the refrigeration and preparation of food by guests, such as a refrigerator and cooktop/stove (or a refrigerator, a microwave, and a dishwasher or kitchenette sink), and a self-serve laundry facility is available for guest use.
GOOD CAUSE
Includes, but is not limited to, any applicant's lack of good moral character, his or her conviction for a crime involving moral turpitude, a violation of any of the provisions of this chapter or a failure to pay the license fee due hereunder, as well as a violation of the standards set forth in this chapter, including but not limited to those set forth under § 99-5.
GUEST ROOM
A room, whether furnished or unfurnished, which is occupied or is intended, arranged or designed to be occupied for sleeping purposes by one or more guests.
HOTEL
A building consisting of at least two stories above ground level, which building provides sleeping accommodations to the general public and which building contains a central entrance leading to a common lobby. Access to sleeping rooms shall be only through hallways extending from said common lobby areas, and no sleeping room shall contain doors providing entrance or exit to sleeping rooms other than from said common hallway except as may be required by other ordinances or regulations for safety purposes. For purposes of this chapter and the regulations contained herein, this definition includes an extended stay hotel.
MOTEL
A building or a group of detached, semi-attached or attached buildings containing guest rooms or dwelling units, each of which, or each pair of which, has a separate entrance leading directly to the outside of the building with garage or parking space conveniently located to each unit, and which are designed, used or intended to be used primarily for the accommodation of motor vehicle transients, but not including hotels, boarding or rooming houses or trailer camps. For purposes of this chapter and the regulations contained herein, this definition includes an extended stay motel.
A. 
It shall be unlawful for any hotel or motel to operate within the City of Hackensack without obtaining a license from the City Clerk in accordance with the provisions set forth hereunder and as set forth in Chapter 107 of the Code of the City of Hackensack ("City Code"), "Licenses and Permits." The license to be issued is specific to hotels and motels and is independent from any certificate of occupancy, zoning approval or any other approval that may be required by other provisions of the City Code for the use of any premises as a hotel or motel.
B. 
Licenses shall be issued for a period of one year commencing on January 1 and terminating on December 31 of said year and shall be renewable for additional periods of one year. Licenses shall not be transferable from one person, firm, partnership, corporation or entity to another person, firm, partnership, corporation or entity, except as provided in this chapter.
C. 
Owners and operators of licensed premises, and their officers, employees, agents and servants are responsible for knowing and shall at all times comply with all applicable terms and provisions of the City Code and state regulations and laws.
D. 
Authorization. The application for and issuance of a license hereunder shall constitute the consent of the applicant to an inspection of the entire licensed premises at reasonable times, without the need for further authorization or an administrative search warrant, by the Hackensack Police Chief, Fire Chief, Health Officer, Construction Code Official, Zoning Officer and/or Code Enforcement Officer, or their designees, for the purpose of determining whether the licensed premises is in violation of any provision of the City Code or any state law or regulation. The foregoing is subject to any limitations established by federal or state law with specific respect to the inspection of a guest room presently being occupied by a guest of the hotel or motel.
E. 
Any license issued hereunder shall terminate at any time after its issuance in the event that the use of the building or part thereof for such purposes shall cease.
F. 
Form of application.
(1) 
Each applicant for such a license shall make written application on forms prescribed and supplied by the City Clerk, setting forth:
(a) 
The full name, residence and post office address of the applicant, if applicable. If the applicant is a corporation, it must also provide the names and addresses of the president and secretary of the corporation. If the applicant is a partnership or limited liability company, it must provide the names and addresses of all partners or members, respectively.
(b) 
The exact location of the proposed licensed premises, giving the street address, block and lot numbers as shown on the City's tax map, and the exact dimensions of the land upon which the business is to be conducted.
(c) 
A description of the building or structure and accommodations upon said land, 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 building or structure as to the size, type of construction and whether or not the same is fireproof and has fireproof walls and a description of the automobile parking spaces and facilities.
(d) 
The name, address and owner of the property upon which the licensed premises is situated. For purposes of this section, if the owner is a corporation, partnership or limited liability company, the application shall set forth the names and address of any person or entity that owns, directly or indirectly, at least 5% of the equity or ownership interests or income interests in that entity, along with the names and addresses of any officers or directors of the entity and the particular positions that they hold.
(e) 
If applicable, the name and address of any individual or entity leasing the property upon which the licensed premises is situated, or any building thereupon. For purposes of this section, if the owner is a corporation, partnership or limited liability company, the application shall set forth the names and address of any person or entity that owns, directly or indirectly, at least 5% of the equity or ownership interests or income interests in that entity, along with the names and addresses of any officers or directors of the entity and the particular positions that they hold.
(f) 
The name or names of the person or persons on the licensed premises upon whom process may be served.
(2) 
The application shall be accompanied by payment of the license fee for the period involved.
(3) 
The City Clerk shall forward all applications, together with the fees accompanying same, to the City Council at its next meeting following receipt of proofs of publication from the applicant.
(4) 
If the applicant is not the owner of the site where the business is to be conducted, the owner's written consent to the conduct of the business described in the application shall be annexed to the application.
(5) 
An applicant for a license shall cause notice of the application to be published at least once in a newspaper published and circulated within the City of Hackensack, which publication shall not be more than 28 days prior to the date for consideration of said application by the City Clerk, and the applicant shall also file due proof of publication of said application with the City Clerk prior to the date for the consideration of said application.
A. 
Forty-five days prior to the expiration of an existing license, each applicant shall make an application annually upon forms issued by the City Clerk. This section shall apply to any individual, firm, partnership, corporation or entity who is now conducting or shall in the future conduct any activity within the City limits regulated by this chapter.
B. 
Upon application for a license, the City Clerk shall forthwith forward a copy of such application to the Hackensack Police Chief or other superior officer in charge of the Police Department in the event there is no Chief of Police, Fire Chief, Health Officer, Construction Code Official, Zoning Officer and/or Code Enforcement Officer and any other authorized agency that has an officer who shall have the duty to inspect the premises regulated by this chapter. Each of the foregoing individuals shall inspect the premises to determine whether or not the premises comply with the rules and regulations and ordinances of the City and state. If the premises do comply, the respective officers shall provide the City Council with a written certificate of such approval. If the premises do not comply, the respective officers shall return a written certificate or report setting forth the specific violations of the rules and regulations or ordinances of the City and state laws or regulations that are not being conformed with by the applicant. The City Council shall thereupon cause to be made such further investigation of the premises and the information set forth in the application and said written certificate or report from an officer of the municipality who states that the premises do not comply as it shall deem necessary. Upon completion of its investigation, it shall notify the applicant of its decision as to whether or not it is going to have a hearing on the issuance or renewal of the applicant's license, and the applicant shall be entitled to a hearing before the City Council.
C. 
All written reports and certificates by the various officers charged with making an inspection under this chapter shall be completed within 21 days from the time an application is made. All written reports and certificates shall be transmitted to the City Council when received by the City Clerk.
D. 
The City Council may consider the application at the meeting set by the City Council for which the applications for renewal are to be considered, or it may set a date for a hearing to be held on said application at a reasonable time thereafter, which hearing, however, shall not be later than December 15 of each year unless the applicant requests or consents to a postponement of such hearing, which shall not be for more than 14 days from the date a hearing on a particular application has been set by the City Council. At said hearing, any objectors to the license and the applicant shall be heard and may present any relevant evidence.
E. 
A copy of all reports, certificates or investigations shall be made available to the applicant if he or she so requests at least seven days prior to any hearing date set by the City Council on a particular application.
F. 
In the event objections in writing are filed with the City Clerk as to the issuance or renewal of a particular license, or objections are made orally on the night set for issuance or renewal of a license, the City Council may set a date for a hearing. It shall then proceed to hear the objections and all evidence for and against the issuance of such license and shall, within five days, determine whether to issue or renew the license or to deny the same if the evidence presented indicates good cause for the denial of such license. A refusal to issue a license shall be in writing and state the reasons for a denial. If the circumstances warrant, the City Council may hold any hearing on the date set by the City Council for a meeting for the renewal or issuance of a license or licenses.
G. 
After considering all evidence with respect to an application, the City Council may, for good cause, deny a license to an applicant or suspend or revoke an existing license, and if any application or license is denied, suspended or revoked, the City Council shall state in writing the reason for the denial, suspension or revocation.
H. 
The license when issued by the City shall be displayed in a conspicuous place upon the licensed premises at all times.
I. 
The City Council, after investigating and considering an application for license hereunder, or after hearing on the same, shall, if the application complies with the provisions of this chapter, authorize the City Clerk to issue a license to the applicant, which license shall be effective from the date of issuance to 12:00 midnight of December 31 of the year in which issued.
J. 
In the event that the City Council finds upon a written report filed that there is such a serious infraction of the rules, regulations and ordinances of the City or state rules, regulations and laws that the continued operation of a premises licensed hereunder will constitute a serious menace to the health, safety, welfare and morals of the peoples of the City or the occupants of such licensed premises, the City Council shall have the right, upon a finding of good cause, to suspend immediately the license of such person, firm, partnership, corporation or entity licensed under this chapter. In the event a license is suspended in this manner, the City Council shall, within 10 business days, hold a hearing, unless the licensee requests an adjournment. A copy of the written report upon which the City Council originally based its determination shall be given to the licensee at the time it originally suspends a license. The hearing to continue the suspension or to take such action as the City Council deems in its lawful discretion shall proceed, where applicable, in the same manner as if the proceeding were for the issuance of a new license.
K. 
Nothing contained herein shall prevent the City or its officers and agents from proceeding against a licensee who is in violation of any of the provisions of this chapter, by filing a summons in the Municipal Court of the City of Hackensack.
A. 
Stay limitations; maintenance of register.
(1) 
The sleeping accommodations of a hotel or motel shall be rented only for the use of transient occupants and shall not be used or occupied under any permanent basis, and no such occupant shall be deemed to be a resident therein. No hotel or motel guest may occupy a hotel or motel unit in such facility for more than 21 consecutive days or 30 days within any forty-five-day period and may not extend such occupancy by moving into another unit within the same facility. However, hotels and motels may permit extended stays under the following conditions:
(a) 
During a school term and subject to an agreement between the hotel or motel and a public institution of higher learning regulated by the State of New Jersey pursuant to N.J.S.A. 18A:16-1 et seq. Such agreement shall provide for the institution to provide for a resident assistant to reside on site to supervise the student occupants and to help to ensure the maintenance of appropriate occupancy standards. A copy of said agreement shall be submitted to the City Clerk or designee.
(b) 
The City Clerk or designee is provided documentation, consistent with HIPPA privacy rules, that an occupant is considered family or is providing care for a patient who is admitted at a hospital within the City of Hackensack or in a contiguous municipality, not to exceed 60 consecutive days.
(c) 
The City Clerk or designee is provided documentation from an insurance company or federal, state or local agency that an occupant has been displaced from his or her home by a natural disaster or fire, not to exceed 60 consecutive days.
(d) 
The City Clerk or designee is provided documentation from a federal, state or local agency that the occupant is actively engaged in official government business at a location in Bergen County, not to exceed 60 consecutive days.
(e) 
An individual who is quarantining in his or her guest room at the direction of public health authorities due to exposure to or contraction of a communicable disease may remain past the twenty-one-consecutive-day limit; provided, however, that individual shall vacate his or her guest room no later than 48 hours after the required quarantine period expires.
(f) 
These limitations shall not apply to the extent they are superseded by valid and applicable state laws, regulations or orders.
(2) 
Maintenance of register.
(a) 
Each licensee, through its agent, shall cause to be maintained on the licensed premises a standard hotel register, containing the following information:
[1] 
The correct name and permanent address of each and every guest or person renting or occupying a guest room or rooms, including street and number, city and state.
[2] 
The actual hours of each guest's occupancy indicating check-in time, checkout time and guest room number.
[3] 
The correct license or registration number, state of registration and make of any vehicle or conveyance.
(b) 
Each register shall be kept for a period of at least five years and available for review by any City official with regulatory authority under this chapter upon reasonable notice. The register shall further remain on the premises for at least one year after the checkout date and shall be immediately made available to any City official with regulatory authority under this chapter upon request.
B. 
A licensee shall have the authority to ask the head of a party or any person renting accommodations on the licensed premises for written evidence of his or her identity and residence and, in addition thereto, the full and true name and address of each member of his or her party; and in the case of an operator of a motor vehicle, the state and license or registration number of the motor vehicle conveying him or her to the licensed premises. In addition to the other rules and regulations proposed hereunder, no licensee shall knowingly rent, allow or permit any room on the licensed premises to be used for any immoral or illegal purpose, and the failure to set forth the true identity of and correct hours of occupancy by any person shall be deemed to show knowledge on the part of the license holder of such immoral or illegal purpose or use.
C. 
All structures, buildings, dwellings, houses or parts thereof used for the purposes herein regulated shall comply with the requirements of state laws and regulations and with the requirements of this chapter or any other applicable ordinance of the City, and all applicable building and fire codes.
D. 
All fire escapes shall comply with the rules, regulations and ordinances of the City and state, and all applicable building and fire codes. An exit light shall be installed in the passageway or doorway leading to any such fire escapes. Doors leading to fire escapes shall be unlocked from the inside at all times and shall open outward.
E. 
A licensee shall report to the proper authorities of the City all cases of persons or animals affected or suspected of being affected with any communicable disease in or about the licensed premises.
F. 
A licensee shall prevent the running loose of dogs, cats or other animals or pets in or about the licensed premises. All dogs shall be put in a kennel while their owners are actually occupying the premises. No animals, except for service animals as that term is defined by law and that are actually performing the task that they are trained to do, shall be kept on any premises licensed under the provisions of this chapter where it may be a nuisance to other occupants of the licensed premises or residents of the City of Hackensack.
G. 
A licensee shall maintain in a convenient place approved by the Hackensack Fire Department Fire Prevention Bureau, in writing, hand fire extinguishers in good operating condition of at least 2 1/2 gallons' capacity approved by the Underwriters' Laboratories, Inc., in a ratio of one to each three units, except an additional extinguisher shall be provided in each room where cooking facilities are maintained. The extinguisher in a room where cooking facilities are maintained shall be one that shall be designated by the Fire Prevention Bureau. To the extent that any provisions of an applicable building or fire code provide establish a more stringent or restrictive requirement, those provisions shall apply instead.
H. 
Every licensee, when necessary, shall provide a central garbage and trash collection station as well as a central storage facility, properly screened from view and approved by the City's Health Officer and Construction Code Official.
I. 
For each 120 square feet of floor space in any room usable for living purposes on any premises licensed under this chapter, not more than two persons over the age of four years shall live or sleep in or otherwise occupy such room.
J. 
Whenever an owner is required by law to supply heat to buildings, structures or parts thereof or has undertaken or assumed the obligation to do so, said owner shall maintain said heating apparatus in good working order and condition at all times and all seasons of the year. Should the outside temperature fall below 68° F., the owner of such premises shall supply a constant heat for said premises or parts thereof at a minimum of 70° F. between the hours of 6:00 a.m. and 10:00 p.m. and at no less than 68° F. at such other times.
K. 
The operation, conduct and management of a motel or hotel shall not be under the management, control or supervision of any person convicted of a crime involving moral turpitude. No person shall own directly or indirectly more than 5% of the stock or be an officer or director of any corporation licensed hereunder or participate in any way in the management of any licensed premises if he or she shall be convicted of a crime involving moral turpitude.
L. 
Any hotel or motel with common rooms and using in common any interior hallway or corridor connecting the rooms thereon shall be fire-resistant throughout with a minimum fire rating of one hour. All hotels and motels shall have self-closing doors leading from each level to the stairwell, and all stairs leading from the cellar or basement up to the first floor shall be enclosed with masonry walls of not less than eight inches in thickness, with self-closing fire doors at the top and bottom of the stairs. No kitchen or other cooking equipment shall be permitted in any sleeping unit in any premises licensed under the provisions of this chapter. To the extent that any provisions of an applicable building or fire code provide establish a more stringent or restrictive requirement, those provisions shall apply instead.
M. 
In any hotels or motels without common rooms and interior stairways or corridors hereafter constructed, the sleeping units shall be separated by a fire wall which shall be of masonry construction of not less than eight inches in thickness and without any openings or penetrations of not less than six inches below the lowest level of the structure and not less than eight inches above the roof. To the extent that any provisions of an applicable building or fire code provide establish a more stringent or restrictive requirement, those provisions shall apply instead.
N. 
All sidewalks, driveways, parking facilities, porches and entranceways in any licensed premises shall be adequately lighted at least between one hour after sundown and one-half hour before sunrise. Every licensed premises shall have a custodian or caretaker who shall be responsible for the enforcement of and compliance with the terms of the City Code and state regulations and laws applicable to the licensed premises.
O. 
In addition to the other inspections provided for by this chapter, the Chief of Police or other superior officer in charge of the Police Department in the event there is no Chief of Police shall make an inspection when deemed necessary and not less than four times a year in the case of each hotel or motel, of the entire licensed premises, including the register and records, and in the case of all other licensed premises, when necessary and at least three times a year, and prepare and file in his or her office a complete detailed report, with a copy of such report being furnished to the City Council.
P. 
Conducting businesses on premises.
(1) 
No business shall be conducted in any room or on any licensed premises for any other purpose than sleeping or those activities normally associated with the activities of a motel or hotel. Such permissible business activities specifically include those accessory uses authorized by §§ 175-6.6 and 175-7.3 of the City Code, including automobile rental establishments, banks, barber and beauty shops, book and stationery stores, confectionery and tobacco sales, dry cleaning establishments, florists, gift shops, newspaper stands, restaurants and other eating and drinking establishments, and travel agencies. The licensing and other requirements of the City Code, including the Zoning Ordinance, remain fully applicable to any such business activity on the licensed premises. All such business activities must be entirely contained within the hotel or motel building, with no direct access from the outside of the building. There shall be no exterior signs or appurtenances advertising the business activity.
(2) 
If a licensee wishes to conduct any other business in any room or upon the licensed premises, written permission shall be obtained from the City Manager at least 72 hours in advance on a form issued by the City Clerk, which activity shall not be conducted more than 30 days at a time unless such permission is renewed in a similar manner as for the original permission. In granting such permission, the City Manager shall take into consideration whether such activity on the licensed premises would reasonably interfere with the use of the licensed premises by other guests or occupants of the licensed premises, the public convenience and necessity for granting such permission and whether such activity would be violative of the spirit and tenor of this chapter, the City Code, and any other applicable laws and regulations.
Q. 
A licensed premises and all of the structures located on the licensed premises shall at all times comply with the terms and provisions of all the ordinances of the City, including but not limited to Chapter 88, Fire Prevention; Chapter 97, Health and Sanitation; Chapter 153, Taxation; Chapter 175, Zoning; and any other applicable regulations of county and state agencies and state laws.
R. 
Restaurant facilities, eating facilities and those facilities that have a liquor license on a licensed premises may be used for banquets, receptions, meeting rooms and similar purposes, subject to any other applicable provisions of the City Code.
The City Council, for good cause, may revoke or suspend a license or take such other lawful action within its power against a licensee at any time during the period for which the license was issued, upon receiving a written report from any City official of a violation under this chapter or upon the objection of any public official having a duty to enforce any law or regulation pertaining to the conduct of the licensee or upon the written objection of any taxpayer or resident of the City of Hackensack. Such action shall be taken after a hearing provided to the licensee or applicant following complaint in writing and upon at least seven business days' notice to the licensee setting forth the grounds of the complaint. Determinations by the City Council to refuse, suspend or revoke a license shall be in writing and made within 10 business days after the hearing unless the applicant or licensee consents to or requests an adjournment. In any event, all determinations shall be made within 45 days from the date of the hearing.
A. 
The annual fee for each license issued hereunder shall be $500 for a hotel or motel with 10 or fewer guest rooms, and $1,000 for a hotel or motel with more than 10 guest rooms.
B. 
The annual fee for each license issued hereunder shall be prorated where the license shall not be issued on January 1 of a year, and any period of a month over 15 days shall constitute a full month and any period less than 15 days shall constitute a half month for the purposes of prorating the annual fee.
C. 
Payment of said fees shall accompany filing of all applications for licenses or for any intention to renew thereafter. In the event an application for license is denied or renewal license is denied, said fee shall be returned less 10% for the cost of the City in investigating and processing the same. In the event a license shall be revoked for good cause shown or terminated voluntarily by the licensee, there shall be no refund of any portion of the license fee.
A. 
Except for an initial application, which may be made at any time during the year, applications for a license under this chapter shall be made on or before November 15 of each year on a form as set forth in this chapter and shall be signed and sworn to by the person, firm, partnership, corporation or entity actually engaged in such business and actually the true owners thereof.
B. 
All licenses issued hereunder shall be issued for a calendar year beginning on January 1 and expiring at 12:00 midnight on December 31 of the year in which issued. All renewals shall be applied for and issued in a similar manner as the original application.
C. 
All licenses shall be displayed at a prominent place on the licensed premises, and 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.
D. 
A transfer of a license may be requested on a form prescribed by the City Clerk, setting forth the same matters and information required by this chapter as set forth in connection with the original application for a license. The City Council, with the consent of the licensee and upon payment of 10% of the annual fee of the license sought to be transferred, may transfer to such applicant any license issued under the terms and provisions of this chapter, said 10% to be retained by the City whether the transfer is granted or not. No additional fee shall be paid to the City upon a transfer.
E. 
Any change in any of the information set forth in the applications during the term of the license shall forthwith be communicated by the licensee in writing to the City Clerk.
A. 
Any person, firm, partnership, corporation or entity, including an applicant or licensee, aiding or abetting any other person, firm, partnership, corporation or entity, including an applicant or licensee, in the violation of any of the provisions of this chapter, shall also be guilty of a violation thereof.
B. 
Each and every day any violation of this chapter exists or continues to exist shall be determined a separate violation or offense under this chapter.
C. 
Any person, firm, partnership, corporation or entity, including an applicant or licensee, violating any provisions of this chapter or aiding or abetting any other person, firm, partnership, corporation or entity, including an applicant or licensee, in the violation of any of the provisions of this chapter, shall, upon conviction, be sentenced to a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days, a period of community service not exceeding 90 days, or any combination thereof.
D. 
In addition to the foregoing penalties stated above, if and when the City Council shall receive any complaints which shall appear to it to be based upon reasonable grounds and good cause, it shall, in addition to having such violation prosecuted in the Municipal Court of the City of Hackensack, determine whether or not it wishes to hold the hearing as stated above to refuse, suspend or revoke said license of an applicant, in which case the license shall be refused, suspended or revoked, as the case may be. The City Council shall, in addition to having the power to refuse, suspend or revoke a license, also have the power to notify a licensee or applicant of a violation of this chapter and order that such violation be abated within three business days. In such instance, the licensee or applicant shall be informed that upon failure to comply with said notice, proceedings for the violation of this chapter will be taken against the licensee in a manner deemed appropriate by the City Council for the violation.