[HISTORY: Adopted by the Township Council of the Township of Saddle Brook 5-21-1981 as Ord. No. 829. Amendments noted where applicable.]
It shall be unlawful for any person, partnership, firm, corporation or entity to establish, operate, maintain or permit to be established, operated or maintained upon any property owned or controlled or leased by him a motel or hotel without first having secured a license from the Township Council of the Township of Saddle Brook. Such license shall be for a period of one (1) year commencing on January 1 and terminating on December 31 of said year and shall be renewable for additional periods of one (1) 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.
The application for an issuance of a license hereunder shall constitute the consent of the applicant to an inspection of the entire licensed premises at reasonable times by the police, health and building inspectors, Uniform Construction Code officials, plumbing inspector, sanitation inspector, Chief of Police, Fire Chief and fire inspectors of the Township of Saddle Brook and other authorized agencies of the Township of Saddle Brook for the purpose of determining whether there is any violation by the premises sought to be licensed of any ordinances of the Township of Saddle Brook or any law of the State of New Jersey.
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.
Each applicant for such license shall make written application on forms prescribed and supplied by the Township Clerk setting forth:
The full name, residence and post office address of the applicant.
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 township and the exact dimensions of the land upon which the business is to be conducted.
A description of the building, structure and accommodations upon said land, including a statement of the number of sleeping 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, whether or not the same are fireproof, have fireproof walls, and a description of the automobile parking spaces and facilities.
The name, address and owner of said lands and buildings and the name and address of the individual or firm renting said buildings. In the event that the entity who owns or leases the licensed premises then happens to be a corporation, the name and address of the officers of the corporation and the particular position they hold, and the name and address of any stockholder holding five percent (5%) or more of the stock, directly or indirectly, or in any way beneficially of the corporation which is seeking a license.
The name or names of the person or persons on the licensed premises upon whom process may be served.
The application shall be accompanied by payment of the amount of the license fee for the period involved.
The Township Clerk shall forward all applications, together with the fees accompanying same, to the Township Council at its next meeting. In the event that the license applied for shall be denied, the fee accompanying the license shall be returned, less, however, the sum of ten percent (10%) thereof to cover the cost of investigation of the applicant.
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.
As used in this chapter, the following terms shall have the meanings indicated:
- Any structure or any portion of any structure which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes and includes any hotel, inn, tourist home or house or motel or any other similar structure or portion thereof.
- The use or possession or the right to the use or possession of any room or rooms or portion thereof in any hotel for dwelling, lodging or sleeping purposes.
- 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 a hotel 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 any reduction therefrom whatsoever.
- Any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or by the payment of any money for the right to occupy the premises for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a "transient" up to and including the 30th day. In determining whether a person is a "transient," uninterrupted periods of time extending both prior and subsequent to the effective date of this chapter may be considered.
Sixty (60) days prior to the expiration of the existing license, each applicant shall make an application annually 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 chapter.
Upon application for a license, the Township Clerk shall forthwith forward a copy of such application to the health officer or sanitation inspector, the fire inspectors, plumbing inspector, Chief of Police, Fire Chief, building or Uniform Construction Code officer and any other authorized agency who has an officer who shall have the duty to inspect each premises which will be 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 Township of Saddle Brook and State of New Jersey. If the premises do comply, the respective officers shall provide the Township 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 Township of Saddle Brook and laws of the State of New Jersey which are not being conformed to by the applicant. The Township Council may thereupon cause to be made such further investigation of the premises as it shall deem necessary. Upon completion of its investigation, it shall notify the applicant of its decision of 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 Township Council.
All written reports and certificates by the various officers charged with making an inspection under this chapter shall be completed within fourteen (14) days from the time an application is made. All written reports and certificates shall be transmitted to the Township Council when received by the Township Clerk.
The Township Council may consider the application at the meeting set by the Township Council for which the applications are to be considered for renewal 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 a hearing, which shall not be for more than ten (10) days from the date a hearing on a particular application has been set by the Township Council. At said hearing any objectors to the license and the applicant shall be heard and may present any relevant evidence.
A copy of all reports, certificates or investigations shall be made available to the applicant, if he so requests, at least seven (7) days prior to any hearing date set by the Township Council on a particular license.
In the event that objections in writing 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, the Township Council may set a date for a hearing. It shall then proceed to hear the objection and all evidence for and against the issuance of such license and within ten (10) days determine whether to issue or renew a license or to deny the same if the evidence presented indicates good cause for the denial of a license. A refusal to issue a license shall be in writing, and the reasons for a denial shall be stated. If the circumstances warrant, the Township Council may hold any hearing on the date set by the Township Council meeting for the renewal or issuance of a license or licenses.
After considering all evidence with respect to the application, the Township Council may deny, suspend or revoke the license to the applicant for good cause, and if any application for a license is denied, suspended or revoked the Township Council shall state in writing the reason for the denial, suspension or revocation.
The license when issued by the township shall be displayed in a conspicuous place upon the licensed premises at all times.
The Township 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 Township 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.
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 Saddle Brook or the rules, regulations and laws of the State of New Jersey 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 of Saddle Brook or the occupants of such licensed premises, the Township Council shall have the right, upon the finding of good cause, to suspend the license of such person, firm, partnership, corporation or entity licensed under this chapter immediately. In the event that a license is suspended in this manner, the Township Council shall within seven (7) business days hold a hearing, unless the licensee requests an adjournment. A written report upon which the Township 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 take such action as the Township 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.
Nothing contained herein shall prevent the Township of Saddle Brook 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 summons in the Magistrate's Court of the Township of Saddle Brook.
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 on any permanent basis, and no such occupant shall be deemed to be a resident therein. Every licensed premises shall maintain at all times a complete register of all rentals therein set forth and the true identification and correct hours of occupancy of each person using any room on the licensed premises.
No person shall use or occupy any room or any portion of a room in any hotel for more than thirty (30) consecutive calendar days, and a portion of a calendar day shall be considered a full day. This provision limiting the use or occupation of a room or a portion of a room to no more than thirty (30) consecutive days shall apply to all dwellings, lodgings or sleeping rooms or room or any portion of the same, whether located in the same hotel, as defined herein, or located in one (1) or more different hotels, as defined herein, as long as said hotel is located within the Township of Saddle Brook.
Editor's Note: This ordinance also provided that the Township Clerk forward a certified true copy of this ordinance to any and all hotels registered with the Township Clerk's office, as "hotels" are defined in this chapter.
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 or his or her party; and in the case of an operator of a motor vehicle, the state, license or registration number of the motor vehicle conveying him or her to the licensed premises. 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 and correct hours of occupancy of any person shall be deemed knowledgeable on the part of the licensed holder of such immoral or illegal purpose or use.
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 township.
All fire escapes shall comply with the rules, regulations and ordinances of the Township of Saddle Brook and State of New Jersey. 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.
A licensee shall report to the proper authorities of the Township of Saddle Brook all cases or persons or animals affected or suspected of being affected with any communicable disease in or about the licensed premises.
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 sanitation inspector and/or building inspector and/or Construction Code official of Saddle Brook.
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 or suffering from any contagious disease. No person shall own, directly or indirectly, more than five percent (5%) 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 shall be convicted of a crime involving moral turpitude.
In addition to the other inspections provided for by this chapter, the Chief of Police or other superior officer designated by the Chief shall make an inspection when deemed necessary, and not less than four (4) times a year, of the entire licensed premises, including the register and records and prepare and file in his office a complete detailed report with a copy of such report being furnished to the Township Council.
The annual fee for each license issued hereunder shall be the sum of fifty dollars ($50.) for each unit containing sleeping quarters.
The annual fees for each license issued hereunder shall be prorated where the license shall not have been issued on January 1 of a year, and any period of a month over fifteen (15) days shall constitute a full month, and any period less than fifteen (15) days shall constitute a half month for the purposes of prorating the annual fee.
Payment of said fees shall accompany filing of all applications for licenses or for any intention to renew thereafter.
Applications for such license shall be made on or before November 1 of each year on a form as set forth in this chapter and shall be signed and sworn by the person, firm, partnership, corporation or entity actually engaged in such business and actually the true owners thereof.
All licenses issued hereunder shall be issued for a period of one (1) year commencing on January 1 and expiring at 12:00 midnight on December 31 of the following year. All renewals shall be applied for and issued in a similar manner as the original application.
Noncompliance with the terms of this chapter shall constitute a violation.
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.
Any person, firm, partnership, corporation or entity violating any provisions of this chapter shall, upon conviction, be sentenced to a fine not exceeding five hundred dollars ($500.) or to imprisonment for a term not to exceed ninety (90) days, or both.