[Adopted 9-20-2000 by Ord. No. 2000-12; amended in its entirety 4-14-2022 by Ord. No. 2022-04]
A.
The Township Council finds and determines that it is important for
the safety of visitors to our community to control vice, disturbances
and narcotics offenses; and to protect the general public and for
peace and good order. To meet these goals, the Township requires certain
security measures at motels and temporary housing accommodations,
including requiring the licensing of motels and mandating additional
requirements necessary to ensure safety based in part on minimum standards
required for a motel to receive or renew a motel operation license
and requiring additional registration requirements and limiting the
length of stay of guests.
B.
INVESTIGATIVE COMMITTEE
MOTEL
OCCUPANCY
OPERATOR
PERSON
RENT
TRANSIENT
VISITOR
The following terms shall, for the purpose of this article, have
the meaning indicated in this section.
A committee formed by the governing body under the New Jersey
Municipal Investigations Act, N.J.S.A. 40:48-25 et seq.
Any structure or any portion of any structure which is occupied
or intended or designed for temporary occupancy by transients for
dwelling, lodging or sleeping purposes. For purposes of this article,
the term "motel" shall include any hotel, inn, tourist home or residential
rental housing having three or more rental units or apartments, or
any other similar structure or portion thereof.
The use or possession or the right to the use or possession
of any room(s) or portion thereof in any motel for sleeping purposes.
Any person, as defined herein, and including agents, employees,
and independent contractors thereof, responsible for the day-to-day
management and performance of motel activities.
Any individual, firm, partnership, joint venture, association,
social club, fraternal organization, joint-stock company, corporation,
estate, trust, business trust, receiver, trustee, syndicate or any
other group or combination acting as a unit.
The consideration charged, whether or not received, for the
occupancy of space in the motel valued in money, whether to be received
in money, goods, labor or otherwise, including all receipts, cash,
credits and property and service of any kind or nature, without reduction
therefrom whatsoever.
In determining whether a person is a transient, uninterrupted
periods of time extending both prior or subsequent to the effective
date of this article may be considered.
Any person, not employed by or a registered guest of a motel,
not including minors and dependents of registered guests.
It shall be unlawful for any person, partnership, firm, corporation
or entity to establish, operate, maintain, occupy or offer for occupation
upon any property owned, controlled or leased by him or her a motel
as defined herein without first having secured a license from the
Township of Maple Shade. Said license shall be for a period of no
more than one year commencing April 1 and terminating March 31 of
the next calendar 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, partnership,
corporation or entity except as provided in this article.
When any person shall, by the use of signs, circulars, business
cards, newspapers, other publications, radio or television stations,
advertise or solicit patronage, actively or passively, it shall be
considered prima facie evidence of liability, and a license shall
be required for the ownership and/or operation of a motel.
A.
Applications for a Maple Shade Township motel operation license shall
be made on or before April 1 of each year on a form approved by the
Township Council 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. This section shall apply to
any individual, firm, partnership, corporation or entity who is now
or in the future conducting any activity within the Township of Maple
Shade regulated by this article.
B.
Each applicant for such license shall make written application on
forms supplied by the Township Clerk setting forth:
(1)
The full name, phone number, address and post office address, if
applicable, of the applicant (if a corporation, provide the names
and addresses of the president and secretary and registered agent,
if applicable; if a partnership, provide the names and addresses of
all partners).
(2)
The exact location of the proposed licensed premises, including the
street address, and block and lot number as described on the Tax Map
of the Township of Maple Shade.
(3)
A description of the business, structure and accommodations upon
said land, including a statement of the number of sleeping units and
the maximum number of persons who can be accommodated at any given
time.
(4)
The name, address and owner of said lands and buildings and the name and address of the individual, corporation, partnership or other entity renting said building if different than Subsection B(1) above. In the event that the entity which owns or leases the licensed premises is a corporation, the name and address of the officers of the corporation and the particular position they hold, the name and address of any stockholder holding 10% or more of stock, or indirectly, or in any way beneficially of the corporation which is seeking a license and the name, address and phone number of the registered agent, if applicable.
(5)
The name(s) of the person or persons on the licensed premises upon
whom process may be served.
(6)
A statement acknowledging whether the applicant has ever held a motel
or hotel license and whether said license(s) has ever been denied
or revoked and setting forth details of same.
(8)
The name and address of the applicant's attorney, if applicable.
(9)
The telephone number(s) where the owner(s) and/or his or her agent
may be reached in the event of an emergency.
C.
The application must contain a certification that the statements made by the applicant in connection with the application and covering the information requested in Subsections A and B are true and that the applicant makes such statements to induce the Township of Maple Shade to issue a license to operate a motel covering the applicant's business and that the applicant agrees to comply with all rules, regulations and laws of the State of New Jersey and Township ordinances applicable to same.
D.
The application shall be accompanied by a payment in the amount of the license fee for the period involved. In the event that the license applied for shall be denied, said fee shall be returned to the applicant less 10% thereof to cover investigation costs relative to said application plus the cost of notice required under § 114-16G.
E.
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.
F.
Unless the applicant opts for third-party inspection, the application for the issuance of a new or renewed license hereunder shall constitute the consent of the applicant to an inspection of the licensed premises by the Police Department, using the standard established at § 114-16B, for the purpose of determining whether there exists on the premises sought to be licensed compliance with the appropriate registration requirements as defined herein. The applicant shall be given twenty-four-hour notice of this inspection to ensure the owner's/operator's presence during such inspection. This requirement in no way limits the Police Department's or other law enforcement agency's ability to perform unannounced inspections as part of ongoing investigations to prevent or discover criminal activity.
G.
Unless the motel license is currently under a suspended or revoked
status, the motel will be permitted to operate while the Township
considers a pending original or renewal application.
H.
Restriction on ownership and management. The operation, conduct and
management of a motel shall not be under the management of, control
or supervision of any person convicted of a felony or any conviction
involving the sale of drugs and/or narcotics, prostitution or underage
drinking. No person shall own, directly or indirectly, more than 10%
of stock or be an officer or director of any corporation or participate
in any way in the management of any licensed premises if he or she
has been convicted of a crime as described in this subsection.
A.
Each applicant for a new or renewal license shall make an application
upon forms issued by the Township Clerk. This section shall apply
to any individual, firm, partnership, corporation or entity who is
now or in the future conducting any activity within the Township limits
regulated by this article. Incomplete applications will not be processed.
B.
Upon receipt of a fully completed application for a new or renewed
license, the Clerk shall send a copy of same to the Township Manager,
Township Zoning Officer, Fire Inspector, Construction Code Official
and Police Department. Each of the foregoing departments or agencies
shall have 30 days from the date of application to inspect the premises
and issue a written report determining whether or not the premises
comply with this article and the rules and regulations and laws of
the State of New Jersey. The Township shall coordinate the date and
time of its inspection and provide twenty-four-hour notice to the
motel owner. In lieu of inspection by the Police Department, an applicant
may request that the Police Department's review be performed by a
neutral third-party inspector, subject to the Township's approval
of the proposed inspector and with the costs of the inspection to
be paid for by the applicant. The third-party inspector shall coordinate
with and provide its findings to the Township Police Department. If
the premises comply, the Police Department and other authorized agencies
shall provide the Township Clerk with a written notice of such approval.
Thereupon, if the applicant has complied with the other licensing
provisions set forth in this article, the Township Clerk shall issue
a license in accordance with the terms and conditions of this article.
C.
If deficiencies based on fire, zoning or construction defects are
identified in the course of inspection, the appropriate inspecting
agency or official shall provide written notice to the applicant of
the specific violations with a copy to the Township Clerk. The applicant
shall make any required application to the appropriate agency to cure
the deficiency within 14 days of notice and cure said deficiency within
60 days of such notice. The Township reserves the right to take immediate
action outside the scope of this licensing ordinance to abate an issue
which, in the Township's sole discretion, is a life-safety issue.
D.
If, upon inspection, the premises do not comply with the security
requirements set forth in this article, the Police Department shall
provide written notice to the applicant of the specific violations
with a copy to the Township Clerk. The operator shall have 30 calendar
days to cure deficiencies prior to reinspection and reconsideration
of the license application unless the cure period is extended by the
Township Manager due to exigent circumstances.
E.
If the operator does not cure the deficiencies noted in the inspections pursuant to Subsection C or D above within the time provided or if the applicant fails to address any deficiencies in the application documentation as noticed by the Township Clerk, the Clerk shall provide written notice to the applicant that the license is denied. The applicant shall have the right to request a hearing to reconsider. Said request for hearing must be in writing and received within five business days from receipt of notice sent by the Township Clerk.
F.
The Township Council shall set a date for a hearing to be held on
the denial of said application at a reasonable time thereafter or,
in the case of a new license, not later than 30 days from the date
of a written request for a hearing unless the applicant requests or
consents to a postponement.
G.
A copy of all reports and investigations shall be made available
to the applicant, upon request, at least seven days prior to any hearing
date set by the Township Council on a particular license.
H.
The Township Clerk shall make notice, not less than seven days prior
to the hearing, in the official newspaper of the Township and by certified
mail, return receipt requested, to all property owners with 200 feet
of the applicant's property line, using a straight line from the property
line, of the time, place and location of the hearing concerning the
denial of license application and the manner in which interested parties
may make proper objection either in writing or through oral testimony.
Such objection must be based upon an alleged violation of laws promulgated
or enacted by the federal, state, county or local government. The
applicant has the right to contest any objection presented.
I.
In the event that written objections are filed with the Township 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 or the date of the hearing described in Subsection F above, the Township Council shall consider all evidence for and against the issuance of such license and within 10 days of the date of hearing, determine whether to issue or renew a license or deny same if the evidence presented indicates good cause for the denial of a license. Notice of denial of applicant's appeal and the reasons for denial shall be provided, in writing, to the applicant within 14 days of the hearing. If the circumstances warrant, the Township Council may hold an additional hearing on a date set by the Township Council meeting for the renewal or issuance of a license.
J.
Nothing contained herein shall prevent the Township of Maple Shade
or the officers of the Township from proceeding against an applicant
who is in violation of any of the provisions of this article by filing
a complaint in a court of competent jurisdiction.
K.
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 motel purposes shall cease.
A.
Security requirements. All motels are required to meet the following
minimum-security requirements:
(1)
Guest registration.
(a)
Every registering guest, irrespective of method of payment,
shall furnish to an operator of a motel satisfactory identification
as part of the registration process for the hire of lodgings at that
motel by the transient.
(b)
No room shall be rented to any person who shall be under 21
years of age at the time of the rental when not accompanied by a parent
or legal guardian or providing proof of emancipation. Said age is
set to deter security issues associated with underage drinking.
(c)
Satisfactory identification for legal residents of the United
States shall consist of one of the following: valid driver's license
issued in the transient's state; a federal, state or county government
photograph identification card; military identification card; a passport;
or any other form of valid government identification on which the
guest's photograph appears. For persons legally residing outside the
United States, valid government identification shall include an official
passport, U.S. visa, USCIS (United States Citizenship and Immigration
Services) alien registration card (green card) or USCIS border crossing
card.
(d)
The operator of the motel shall maintain a record log and photocopy
of the identification produced by the guest(s). The record log shall
include the name of the transient, current address, identification
number (i.e., motor vehicle license number), number of guests in room,
and state or country of issuance of identification, date of birth,
date and time of check-in and checkout, method of payment and make,
model and license plate number of guest vehicle, if guest intends
to park vehicle at establishment. A mirror hangtag shall be required
for any guest vehicle to be parked on the premises which tag shall
be placed on the guest vehicle rearview mirror and shall identify
the guest's check-in and checkout dates and the vehicle license plate
number.
(e)
An operator shall notify any guest who fails or refuses to provide
proper identification or refuses to identify occupants to any operator
that a room will not be rented.
(f)
The record log shall be made immediately available for inspection
by the Chief of Police, or his or her designee, or other law enforcement
agency, in the event of a police service incident or criminal investigation
at the motel. Said log shall be kept by the motel owner and readily
accessible for a period of no less than three years.
[1]
The officer shall request to inspect the record log by asking
the operator, or the operator's designee who is on duty and/or working
at the time, to inspect the record. If inspection is refused, the
operator or the operator's employee/designee must secure the record
in the presence of the officer or an authorized representative of
the Police Department or other law enforcement agency, in a manner
directed by the officer or authorized representative, to ensure that
no one can tamper with the record and so that the record can be maintained
securely in the presence of the officer or authorized representative
until such time as an administrative subpoena, an administrative search
warrant, or other court order has been issued or denied. If the operator
or the operator's designee cannot be located, or if inspection is
refused, the police officer or an authorized representative may seek
entry by serving the issuance of the administrative subpoena, an administrative
search warrant, or other court order authorizing the inspection of
the record log.
[2]
Whenever possible, the inspection shall be conducted at a time
and in a manner that minimizes any interference with the operation
of the business.
[3]
No person shall alter, deface or erase the record so as to make
the information recorded in it illegible or unintelligible or hinder,
obstruct, or interfere with any inspection of the record under this
section.
[4]
If, upon refusal to allow the officer to inspect the record,
and the officer requires the record to be secured, the officer or
authorized representative must apply for the administrative subpoena,
administrative search warrant, or such other court order in an expeditious
fashion, but within no less than 48 hours following said refusal.
[5]
In the event that the law enforcement officer or authorized
representative seeks an administrative search warrant, same shall
be sought and processed and the conduct of same shall be in accordance
with applicable New Jersey Court Rules and/or other statutes.
[6]
In the event that the law enforcement officer or authorized
representative seeks an administrative subpoena, then same may only
be sought if the Township's governing body has established an investigative
committee under the New Jersey Municipal Investigations Act, N.J.S.A.
40:48-25 et seq. Should the governing body form such an investigative
committee, it shall be entitled to exercise all powers delegated to
it under said statutory provisions, including the authority to issue
subpoenas such as those contemplated herein.
(2)
Parking requirement regulations.
(a)
The operator shall inform each guest that vehicles must be parked
nose-in to the parking space. For security reasons, back-in parking
will not be permitted. In addition to informing the guest at check
in that nose-in parking is required, the operator shall conspicuously
post the property with permanent signs no less than 10 inches in height
by eight inches in length which state "Nose-in Parking Required -
Minimum $100 fine."
(b)
The operator shall inform the guest that failure to abide by
this request may result in Police Department action.
(c)
All persons utilizing parking spaces on a motel property shall
park their vehicles nose-in to the parking space. For security reasons,
back-in parking will not be permitted.
(d)
Any owner or operator of a motor vehicle who shall park or allow
their vehicle to be parked in violation of this article, shall pay
a fine of $100 for a first offense and $200 for each subsequent offense.
(3)
Frequency of rental. The operator shall not rent any room more than
two times during any twenty-four-hour period, beginning at 12:00 noon
and ending at 12:00 noon the following day.
(4)
Occupancy. The sleeping accommodations of a motel shall be rented
only for the use of guests as transient occupants and shall not be
used or occupied on any permanent basis, and no such occupant shall
be deemed to be a resident therein. Every motel shall maintain at
all times a complete register of all rentals there and the true identification
and correct dates of occupancy of each person using any room on the
premises.
(a)
No guest shall use or occupy any room or a portion of any room
in any motel for a period of more than 31 consecutive days or more
than 31 days during any ninety-day period. A portion of a calendar
day shall constitute a full day. The period of occupancy continues
even if the occupant moves to another room in the same motel or to
another motel within the Township. Operator shall at all times conspicuously
display a notice at the registration desk or entryway stating: "No
guest shall use or occupy any room or a portion of any room in any
motel for a period of more than 31 consecutive days or more than 31
days during any ninety-day period."
(b)
A minimum of seven days prior to the expiration of the thirty-one-day limit, it shall be an affirmative duty of the operator to petition the Chief of Police or his designee, in writing, to permit a guest to avail himself or herself of the use of the motel for a period longer than 31 days when such guest provides proof of current, valid residency more than 30 miles from Maple Shade Township and is utilizing the motel while performing a temporary function or service in Maple Shade Township, such as employment on a construction project, or where the guest is in need of temporary quarters while improvements are being performed on the guest's primary residence, making it temporarily uninhabitable, where such time frame remains limited to a definite timeline and where vacancy of the motel premises will occur at the conclusion of the construction project or the primary residence becomes habitable. The decision to permit any stay longer than 31 days remains at the sole discretion of the Chief of Police or his or her designee and may be appealed to the Township Council, in writing, and filed with the Township Clerk in the same manner as provided for denial of license as provided in § 114-16 of this article.
(5)
Identification of renters; renting for improper purposes prohibited.
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 illegal or immoral purpose. The
licensee's failure to set forth the true identity and correct hours
shall serve as prima facie evidence of violation of this provision.
(6)
Notification to police of suspicious guests. The motel operator shall
make reasonable effort to notify the Township Police Department of
the names and permanent addresses of guests that behave suspiciously
after check-in. Suspicious activity shall include an act or event
which causes an ordinarily prudent person to believe that unlawful
behavior is in process or imminent.
(7)
Requirement of on-site manager 24 hours a day. The operator shall
cause the motel to maintain twenty-four-hour supervision by an on-site
manager. Said manager(s) will have supervisory responsibilities over
all other employees on-site and shall serve as the first point of
contact for the Township Police Department.
A.
All structures, buildings, dwellings, houses or parts thereof used
for the purposes herein regulated shall comply with the Uniform Construction
Code, the land use development ordinances, the Uniform Fire Safety
Code, health ordinances and other applicable ordinances of the Township
of Maple Shade and with the rules, regulations and laws of the State
of New Jersey.
A licensee shall report to the proper authorities of the Township
of Maple Shade all cases of persons or animals affected or suspected
of being affected with any communicable disease in or about the licensed
premises.
B.
The annual fee for each license issued hereunder shall be prorated
where the license shall not have been issued on April 1 of each year.
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 fee shall accompany the filing of the application
for licenses and any intention to renew thereafter.
D.
Except as otherwise provided, all license fees shall become part
of the Township's treasury.
E.
Where the licensee is engaged in more than one activity as enumerated
in this article, at the same location, which may be subject to more
than one fee, said licensee shall be required to pay that fee which
would be charged for the activity assessed the highest fee.
A.
Applications for such license shall be made on or before the April
1 of each year on a form as set forth in this article 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 period of one
year commencing on April 1 and expiring at 12:00 midnight on March
31 of the next calendar year. All renewals shall be applied for and
issued in a similar manner as the original application.
C.
In the event of a termination or closing of a motel, or a moving of same to a location outside the Township of Maple Shade, the holder of the license shall notify the Township Clerk of such termination or relocation not less that 20 days prior to the effective date of the termination or change of location. The change of location as set forth in this section is to apply only to those changes of location whereby the motel operation is moving beyond the boundary lines of the Township of Maple Shade. Changes of location within the Township of Maple Shade are governed by § 114-25 of this article.
Sixty days prior to the expiration of the existing license,
each applicant shall make an application upon the forms issued by
the Township Clerk. This section shall apply to any individual, firm,
partnership, corporation or entity who is now or in the future conducting
any activity within the Township of Maple Shade regulated by this
article.
The location of any motel or of any permitted use may be changed,
provided that 10 days' notice thereof is given to the Township Clerk
and approval is granted by the Township Council, and also provided
that there is compliance with the requirements of this article.
In the event that the Township Council finds upon a written
report filed that there is such a serious infraction of the rules,
regulations and ordinances of the Township of Maple Shade or the rules,
regulations and laws of the State of New Jersey or that the operation
of a premises licensed hereunder will constitute a serious menace
to the health, safety, welfare and morals of the people of the Township
or the occupants of such licensed premises, the Township Council shall
have the right, upon the finding of good cause, to immediately suspend
the license of such person, firm, partnership, corporation or entity
licensed under this article. In the event that a license is suspended
as set forth herein, the Township Council shall, within seven business
days, hold a hearing, unless Council and the licensee mutually agree
to hold same at a later date. A written report upon which the Township
Council originally based its determination shall be given to the licensee
at the time the Council suspends its license. The hearing to continue
the suspension, revoke the license or take such other action as the
Township Council deems necessary in its lawful discretion shall proceed
where applicable in the same manner as if the proceeding were for
the issuance of a new license. Nothing contained herein shall prevent
the Township of Maple Shade or the officers of the Township from proceeding
against the applicant in a court of competent jurisdiction.
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.
The proper enforcement of the provisions of this article dealing
with motel licenses shall be within the jurisdiction of the Township
of Maple Shade Police Department and, additionally, within the jurisdiction
of those officers charged with providing the necessary inspections
and regulations.
[Amended 10-12-2023 by Ord. No. 2023-21]
