[HISTORY: Adopted by the Township Committee
of the Township of South Hackensack 12-2-1976 as Ch. 102 of the 1976 Code. Amendments
noted where applicable.]
Within the limits of the Township of South Hackensack,
no person, firm, partnership, corporation or entity shall operate,
conduct, carry on, lease, rent or cause, permit or allow any property
under its control to be used as a motel, hotel, inn, boardinghouse,
rooming house, lodging house and similar accommodations or as other
places or buildings used for sleeping purposes, as the same are hereinafter
defined, or engage in the business of the operation of or work in,
occupy or utilize, directly or indirectly in any manner whatsoever,
the aforementioned places, unless and until it, he or she shall be
granted by the Township Committee of the Township of South Hackensack,
in accordance with the terms of this chapter, a license to do so for
the place and premises in or at which such use shall be conducted
or carried on, and which license shall be in full force and effect.
A.
General definition. For the purpose of this chapter,
a hotel, motel, inn, lodging house, boardinghouse and rooming house
shall include every dwelling house and any other building or structure
kept or used where sleeping, lodging, boarding or light housekeeping
rooms are offered for pay for four or more persons.
B.
APPLICANT
BOARDINGHOUSE
GOOD CAUSE
LICENSED PREMISES
LODGING HOUSE
MOTEL, HOTEL or INN
ROOMING HOUSE
Specific terms defined. The following words as used
herein, unless otherwise expressly stated or unless the context or
subject matter is otherwise, shall have the following meanings:
Includes an individual, all partners, all principals of an
association, all stockholders of a corporation as well as all corporate
officers.
A structure, building, dwelling or house where the business
of keeping boarders is generally carried on and where furnished rooms
are offered and meals are regularly served as a part of such accommodations.
Includes 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 his or her 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 § 148-5.
Any lands or buildings, or both, on which a motel, hotel,
inn, boardinghouse, rooming house or lodging house is maintained for
which a license is issued hereunder.
A structure, building or house where the business of accommodating
lodgers is carried on in substantially the same manner as a rooming
house, except the units rented as a part of such accommodation are
furnished apartments rather than furnished rooms.
A structure, building or group of buildings, dwelling or
house where the business of renting, leasing, maintaining, keeping,
operating, conducting or providing of overnight or temporary sleeping
or housing accommodations, for a consideration, to tourists, transients
or travelers in any building or structure or group of buildings or
structures devoted exclusively or primarily to said business, commonly
known as "tourist lodges," "motels," "tourist cabins," "motor lodges,"
"motor courts," "tourist courts," "tourist camps" or "hotels," whether
meals are served therein or not.
[Amended 4-2-1981]
A structure, building, dwelling or house where the business
of accommodating roomers is carried on in substantially the same manner
as a boardinghouse, except no meals are served as a part of such accommodations.
A.
It shall be unlawful for any person, partnership,
firm, corporation or entity to establish, operate or maintain, or
permit to be established, operated or maintained upon any property
owned or controlled by him, her or it, a motel, hotel, inn, boardinghouse,
rooming house or lodging house without first having secured a license
from the Township Committee of the Township of South Hackensack. 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.
Such licensed premises shall at all times comply with all the terms and provisions of all the ordinances of the Township of South Hackensack and the regulations and laws of the State of New Jersey, including but not limited to Chapter 97, Construction Codes, Uniform; Chapter 110, Fire Prevention; the Plumbing Code; the Health Code; the garbage disposal regulations, Chapter 208, Zoning; the ordinance of the Township establishing minimum heat requirements, the Police Ordinance and this chapter.
C.
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
by the police, Health Inspectors, Construction Code Official, Plumbing
Inspector, Sanitation Inspector, Chief of Police, Fire Chief and fire
inspectors of the Township of South Hackensack and other authorized
agencies of the Township of South Hackensack for the purpose of determining
whether there is any violation by the premises sought to be licensed
of any ordinances of the Township of South Hackensack or any law of
the State of New Jersey.
D.
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.
E.
Form of application.
(1)
Each applicant for such a license shall make written
application on forms prescribed and supplied by the Township Clerk,
setting forth:
(a)
The full name, residence and post office address
of the applicant.
(b)
The exact location of the proposed licensed
premises, giving the street address, block and lot numbers 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.
(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 said land and
building and the name and address of the individual or firm renting
said building. In the event that the entity who owns the licensed
premises or leases it happens to be a corporation, the application
shall set forth the names and addresses of the officers of the corporation
and the particular positions 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.
(e)
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 Township Clerk shall forward all applications,
together with the fees accompanying same, to the Township Committee
at its next meeting following receipt of proofs of publication from
the applicant. In the event the license applied for shall be denied,
the fee accompanying the application shall be returned, less, however,
the sum of 10% thereof to cover the cost of investigation of 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 Township of South Hackensack, which publication
shall not be more than 28 days prior to the date for consideration
of said application by the Township Committee, and the applicant shall
also file due proof of publication of said application with the Township
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 Township 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 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, Construction Code Official and any other
authorized agency which 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 Township of South Hackensack and State of New Jersey. If the
premises do comply, the respective officers shall provide the Township
Committee 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 South Hackensack and laws of the
State of New Jersey which are not being conformed with by the applicant.
The Township Committee 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
Township Committee.
C.
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
Committee when received by the Township Clerk.
D.
The Township Committee may consider the application
at the meeting set by the Township Committee 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 10 days from the date a
hearing on a particular application has been set by the Township Committee.
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 Township
Committee on a particular application.
F.
In the event 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 Committee 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 Township
Committee may hold any hearing on the date set by the Township Committee
for a meeting for the renewal or issuance of a license or licenses.
G.
After considering all evidence with respect to an
application, the Township Committee 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 Township
Committee shall state in writing the reason for the denial, suspension
or revocation.
H.
The license when issued by the Township shall be displayed
in a conspicuous place upon the licensed premises at all times.
I.
The Township Committee, 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.
J.
In the event that the Township Committee finds upon
a written report filed that there is such a serious infraction of
the rules, regulations and ordinances of the Township of South Hackensack
or the rules, regulations and laws of the State of New Jersey 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 Township of South Hackensack or the occupants of such
licensed premises, the Township Committee 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 Township
Committee shall, within seven business days, hold a hearing, unless
the licensee requests an adjournment. A copy of the written report
upon which the Township Committee 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 Township Committee 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 Township
of South Hackensack or the officers of the Township 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 Township
of South Hackensack.
A.
Limitations; registration card.
[Amended 4-2-1981]
(1)
The sleeping accommodations of a hotel, motel or inn
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 motel or rental space
therein shall be occupied by the same guest or guests for a consecutive
period exceeding 30 days.
(2)
Maintenance of register.
(a)
Each licensee, through its agent, shall cause
to be maintained on the licensed premises a complete register consisting
of consecutively numbered cards no less than four by 5 1/2 inches.
Each card shall have the name and address of the licensed premises
plainly printed on the top and shall contain the following information
on each person using any room in said premises:
(b)
Each registration card shall be kept for a period
of at least five years and shall remain on the premises at least one
year after the checkout date.
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 Township.
D.
All fire escapes shall comply with the rules, regulations
and ordinances of the Township of South Hackensack 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 South Hackensack all cases of persons or animals
affected or suspected of being affected with any communicable disease
in or about the licensed premises.
G.
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 Seeing Eye dogs, 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 Township of South Hackensack.
H.
A licensee shall maintain in a convenient place approved
by the Chief of the 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 which shall be designated by the Fire Prevention Bureau
of the Township of South Hackensack.
I.
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 Construction Code Official of the Township of South
Hackensack.
J.
For each 120 square feet of floor space in any room
usable for living purposes on any premises which is 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.
K.
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 68º F., the
owner of such premises shall supply a constant heat for said premises
or parts thereof at a minimum of 70º F. between the hours of
6:00 a.m. and 10:00 p.m. and at no less than 68º F. at such other
times.
L.
The operation, conduct and management of a motel,
hotel, inn, lodging house, boardinghouse, rooming house, furnished
rooms or similar accommodations 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 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.
M.
Any hotel, motel or inn 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, motels or inns 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
which is licensed under the provisions of this chapter.
N.
In any hotel, motel or inn 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.
O.
All sidewalks, driveways, parking facilities, porches
and entranceways in any licensed premises shall be adequately lighted
at least between one hour after sundown and 1/2 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 ordinances and regulations of the Township of South Hackensack
and the regulations and laws of the State of New Jersey applicable
to the licensed premises.
P.
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, motel or inn, 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 Township Committee.
Q.
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, hotel, inn, boardinghouse,
rooming house and similar places which may be licensed under this
chapter, including but not limited to restaurant facilities or eating
facilities, sale of newspapers, cigarettes and other items of this
nature, recreational facilities such as swimming pools and service
facilities such as barbershops, cleaning and mending of clothes. These
activities shall be limited for the use of those persons actually
staying at the licensed premises as guests or using the facilities
in the manner for which it was licensed, except that where any licensed
premises has facilities for restaurant purposes, eating or the serving
of liquor, then and in that case those facilities may be used by persons
other than occupants, guests or employees of the licensee.
(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 Township Committee 72 hours in advance on a form issued by the Township 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 Township Committee 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 and other ordinances of the Township of South Hackensack hereinafter set forth in Subsection R and the rules and regulations of the county and state agencies and the laws of the State of New Jersey.
R.
A licensed premises shall at all times comply with the terms and provisions of all the ordinances of the Township of South Hackensack, including but not limited to the Chapter 97, Construction Codes, Uniform; Chapter 110, Fire Prevention; the Plumbing Code; the Health Code; Chapter 208, Zoning; the Police Ordinance and this chapter, and the regulations of county and state agencies and the laws of the State of New Jersey.
S.
Restaurant facilities, eating facilities and those
facilities which have a liquor license on a licensed premises may
be used for banquets, meeting rooms and similar purposes.
The Township Committee, 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 official
of the Township of South Hackensack 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 inhabitant of the Township
of South 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 ground of the complaint. Determinations by the Township Committee
to refuse, suspend or revoke a license shall be in writing and made
within five days after the hearing unless the applicant or licensee
consents to or requests an adjournment. In any event, all determinations
shall be made within 30 days from the date of the hearing.
A.
The annual fee for each license issued hereunder shall be the sum as provided in Chapter 108, Fees.
[Amended 4-6-1989; 12-19-1996 by Ord. No. 96-14]
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
Township 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.
Applications for such a license 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 period of one year commencing 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 Township 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 Township Committee, 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 Township of South Hackensack
whether the transfer is granted or not. No additional fee shall be
paid to the Township 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 Township 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, violating any of the provisions of this chapter, shall 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, violating
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.
[Amended 12-19-1996 by Ord. No. 96-14; 2-14-2008 by Ord. No.
2008-02]
D.
In addition to the foregoing penalties stated above,
if and when the Township Committee 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 Township of South 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 Township
Committee 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 him or her to abate such
violation within three business days. It shall inform the licensee
or applicant 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 Township Committee for the violation.
All of the officials of the Township having jurisdiction over a licensed
premises shall comply and cooperate with each other in the enforcement
of this chapter.
[Added 4-2-1981]
It shall be the duty of the members of the police
force of the Township to inspect the licensed premises from time to
time, at any hour of the day or night, to determine that the provisions
of this chapter are being complied with.
