[HISTORY: Adopted by the Township Council
of the Township of Saddle Brook 5-21-1981 by Ord. No. 829. Amendments noted where
applicable.]
A.
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 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.
B.
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.
C.
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.
D.
Each applicant for such license shall make written
application on forms prescribed and supplied by the Township Clerk
setting forth:
(1)
The full name, residence and post office address of
the applicant.
(2)
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.
(3)
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.
(4)
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 5% or more of the stock,
directly or indirectly, or in any way beneficially of the corporation
which is seeking a license.
(5)
The name or names of the person or persons on the
licensed premises upon whom process may be served.
E.
The application shall be accompanied by payment of
the amount of the license fee for the period involved.
F.
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 10% thereof to cover the cost of investigation
of the applicant.
G.
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.
[Added 8-18-1994]
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 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.
A.
Sixty 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.
B.
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.
C.
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.
D.
All written reports and certificates by the various
officers charged with making an inspection under this chapter shall
be completed within 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.
E.
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 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.
F.
A copy of all reports, certificates or investigations
shall be made available to the applicant, if he so requests, at least
seven days prior to any hearing date set by the Township Council on
a particular license.
G.
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 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.
H.
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.
I.
The license when issued by the Township shall be displayed
in a conspicuous place upon the licensed premises at all times.
J.
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.
K.
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 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.
L.
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.
A.
Occupancy.
[Amended 8-18-1994[1]]
(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 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.
(2)
No person shall use or occupy any room or any portion
of a room in any hotel for more than 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 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 or
more different hotels, as defined herein, as long as said hotel is
located within the Township of Saddle Brook.
[1]
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.
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
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.
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 Township.
D.
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.
F.
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.
G.
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.
H.
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 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.
I.
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 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.
A.
The annual fee for each license issued hereunder shall
be the sum of $50 for each unit containing sleeping quarters.
B.
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 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.
A.
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.
B.
All licenses issued hereunder shall be issued for
a period of one 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.
A.
Noncompliance with the terms of this chapter shall
constitute a violation.
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
violating any provisions of this chapter shall, upon conviction, be
sentenced to a fine not exceeding $500 or to imprisonment for a term
not to exceed 90 days, or both.
