[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.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 97.
Fees — See Ch. 108.
Fire prevention — See Ch. 110.
Hotel and motel occupancy tax — See Ch. 128.
Zoning — See Ch. 208.
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. 
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:
APPLICANT
Includes an individual, all partners, all principals of an association, all stockholders of a corporation as well as all corporate officers.
BOARDINGHOUSE
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.
GOOD CAUSE
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.
LICENSED PREMISES
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.
LODGING HOUSE
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.
MOTEL, HOTEL or INN
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]
ROOMING HOUSE
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:
[1] 
Correct name and permanent address, designating street and number, city and state.
[2] 
Actual hours of occupancy indicating check-in time, checkout time and room number.
[3] 
Correct license or registration number, state of registration and make of any vehicle or conveyance.
(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.
E. 
All structures, buildings, dwellings, houses or parts thereof used for the purposes herein regulated shall comply with Chapter 97, Uniform Construction Code; Chapter 208, Zoning; the Health Code; the Plumbing Code; Chapter 110, Fire Prevention; and other applicable ordinances of the Township.
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.