The Township Council finds that it is in the best interest of the Township to establish certain minimum safety and security requirements for hotels and motels operations in order to enhance public safety and good order.
[HISTORY: Adopted by the Township Council of the Township of East Brunswick 5-12-2025 by Ord. No. 25-18. Amendments noted where applicable.]
The following terms shall, for the purpose of this chapter, have the meaning indicated in this section.
Any structure or any portion of any structure that is occupied or intended or designed for temporary occupancy by transients for dwelling, lodging, or sleeping purposes. For purposes of this chapter, 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.
Criminal activity, noise complaints, or other disruptive behavior occur with regularity, adversely impacting the surrounding neighborhood or public safety.
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 to or subsequent to the effective date of this chapter 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 East Brunswick. The term of said license shall be for one year and shall be renewed each year thereafter. A license shall not be transferable from one person, firm, partnership, corporation, or entity to another person, partnership, corporation, or entity except as provided in this chapter.
A.
An application for a motel operation license shall be made on or before April 1 of each year and shall be signed and sworn to before a notary public by the person, firm, partnership, corporation, or entity who owns the business.
B.
Each applicant for such license shall make a 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 location of the premises, including the street address and block and lot number as identified on the Tax Map of the Township of East Brunswick.
(3)
A description of the business, structure, and accommodations upon said premises, 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 owner and operators of a motel shall be required to undergo a background investigation. In addition, the application shall contain a certification that the statements made by the applicant attesting that the information requested in Subsections A and B are accurate and true; that that the applicant makes such statements to induce the Township of East Brunswick to issue a license to operate a motel and/or hotel; and that applicant agrees to comply with all rules, regulations, and laws of the State of New Jersey and Township ordinances applicable to same.
D.
The annual fee for each license hereunder shall be the sum of $75 plus $25 per each unit containing sleeping quarters for units one to 10; $15 for units 11 to 20; $10 unit thereafter. The annual fee for each license issued hereunder shall be prorated where the license shall not have been issued on January 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. 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 and background checks relative to said application.
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.
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 under Subsection B in License procedures below, 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 24-hour notice of this inspection to ensure the owner's/operator's presence during such inspection. This requirement shall not limit 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 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 be filed with the Township Clerk. Incomplete applications will not be accepted.
B.
Upon receipt of a fully completed application for a new or renewed license, the Township Clerk shall send a copy of same to the Business Administrator, Township Zoning Officer, Fire Inspector, Construction Code Official, and Chief of Police. 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 chapter. The Township shall coordinate the date and time of its inspection and provide 24-hour notice to the motel owner. If all of the written reports are satisfactory, the Township Clerk shall issue a license to the applicant.
C.
If any deficiencies are identified in the course of inspection, the appropriate 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 official to cure the deficiency within 10 days upon receipt of written notice sent by certified and regular mail. 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 chapter, the Chief of Police 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 Business Administrator due to exigent circumstances.
E.
If the operator does not cure the deficiencies noted in the inspections pursuant to Subsections 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 Township Clerk shall provide written notice to the applicant that the license is denied.
F.
Nothing contained herein shall prevent the Township of East Brunswick or the officers of the Township from proceeding against an applicant who is in violation of any of the provisions of this chapter by filing a complaint in a court of competent jurisdiction.
G.
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 if not accompanied by a parent or legal guardian or providing written proof of emancipation.
(c)
Satisfactory identification for legal residents of the United States shall consist of one of the following: valid driver's license issued; a federal, state, or county government photograph identification card; military identification card; official 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 shall maintain a record log and photocopy of the identification produced by the guest(s). The record log shall include the name of the guest, current address, identification number (i.e., motor vehicle license number), number of guests in a room, 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 vehicles if guest intends to park a vehicle at the establishment.
(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 may 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 shall safeguard the record in a manner directed by the officer or authorized representative to ensure that no one can tamper with the record.
[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, the officer or authorized representative may apply for the administrative subpoena, administrative search warrant, or such other court order within 48 hours of said refusal.
(2)
Parking requirement regulations.
(a)
The operator must inform each guest that vehicles shall be parked nose- in to the parking space. For security reasons, back-in parking shall not be permitted. In addition, the operator shall conspicuously post on the premises permanent signs, which are at least 10 inches in height and eight inches width, which state "Nose-in Parking Required - Minimum $100 fine."
(b)
The operator shall inform each guest that failure to abide by this request may result in police intervention.
(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 shall not be permitted.
(d)
Any owner or operator of a motor vehicle who parks a vehicle in violation of this chapter 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 24-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 28 consecutive days or more than 28 days during any 90-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 28 consecutive days or more than 28 days during any 90-day period."
(b)
A minimum of seven days prior to the expiration of the 28-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 28 days when such guest provides proof of current, valid residency more than 30 miles from Township of East Brunswick and is utilizing the motel while performing a temporary function or service in Township of East Brunswick, 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 28 days remains at the sole discretion of the Chief of Police or his or her designee and may be appealed to the Business Administrator in writing and filed with the Township Clerk in the same manner as provided for denial of license as provided in license procedures of this chapter.
(5)
Identification of renters; renting for illegal purpose. No licensee shall knowingly rent, allow, or permit any room on the licensed premises to be used for illegal 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 a reasonable effort to notify the Township Police Department of the names and permanent addresses of guests who 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 24-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.
B.
Nuisance; illness.
(1)
The owner and/or operator of any hotel or motel shall be responsible for maintaining the premises in a manner that does not create a public nuisance. This includes, but is not limited to, the prevention of criminal activity, addressing noise disturbances, and ensuring the overall safety and well-being of guests, staff, and the surrounding community.
(2)
In the event that a hotel or motel exhibits behavior that constitutes a public nuisance (including but not limited to criminal activity, noise violations, or other disruptive behavior), the owner or management shall immediately notify the Police Department and provide a written report outlining the specific concerns. This report must include, at a minimum, documented incidents of criminal activity, noise complaints, or other disturbances occurring on the premises.
(3)
An owner and/or operator shall report to the proper authorities of the Township of East Brunswick any person or animal who may be reasonably affected with an illness in or about the licensed premises.
(4)
Failure to abate nuisance conditions.
(a)
If an owner and/or operator of a motel fails to adequately address or resolve the identified nuisance conditions within 10 days of receiving written notice by certified and regular mail, the property shall be subject to the following:
(b)
Continued failure to resolve nuisance issues may result in further action by the Township, including but not limited to additional fines, suspension or revocation of the owner and/or operator's motel operation license, and requiring the property owner or operator to employ an off-duty police officer to provide security and ensure compliance with applicable laws and ordinances.
A.
All structures, buildings, dwellings, houses, or parts thereof used for the purposes herein regulated shall comply all applicable State, County and municipal laws and regulations including but not limited to Uniform Construction Code, Uniform Fire Safety Code, health ordinances, and land use ordinances.
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 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 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 manner similar to 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 East Brunswick, the holder of the license shall notify the Township Clerk of such termination or relocation not less than 20 days prior to the effective date of the termination or change of location.
60 days prior to the expiration of the existing license, each operator shall make an application using the forms issued by the Township Clerk.
In the event that the Business Administrator finds, based upon written report(s) filed by the appropriate Township official, that an operator is in violation of any the requirements in this chapter, the Business Administrator shall have the right to immediately suspend or revoke the license of the operator upon serving written notice by certified and regular mail which is not corrected within 10 days upon receipt of said notice. Nothing contained herein shall prevent the Township of East Brunswick or the officers of the Township from proceeding against the applicant in a court of competent jurisdiction.
A.
Any person aggrieved by a decision of the Township Business Administrator denying, suspending or revoking a permit or a person requesting relief pursuant to § 65-5E or § 65-10 may appeal same. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Township Business Administrator.
B.
An appeal from the decision of the Township Business Administrator shall be filed within 10 days of the Township Business Administrator's decision being made known to the applicant. The Township Business Administrator shall set the matter down for a hearing within 30 days of the day on which the notice of appeal was filed. The appeal hearing shall take place before a three-person panel, including i) the Mayor or their designee; ii) the Business Administrator or their designee; and iii) the Chief of Police or their designee ("Appeal Panel"). The decision of the Appeal Panel shall be issued within 10 business days of the hearing date. If such decision is not issued within the time required, the decision of the Township Business Administrator shall be deemed to be reversed, and a permit shall be issued in conformity with the application or relief pursuant to § 65-5E or § 65-10 deemed denied.
Any owner and/or operator, who is found to be in violation of this chapter shall be subject to a fine in the minimum amount of $250 and not to exceed $2,500 for the first violation. For a second violation, the fine shall be a minimum amount of $500 and not to exceed $2,500, and/or imprisonment for a term of not more than 90 days or a period of community service not exceeding 90 days.