Borough of Spring Lake, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Spring Lake by Ord. No. 326 (§ 4-5 of the Revised General Ordinances), as amended through Ord. No. 14-2000. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
BOARDINGHOUSE
Any building which contains two or more units of dwelling space arranged or intended for single room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services are provided to the resident but excluding any hotel, motel, or established guest house wherein a minimum of 85% of the units of dwelling place are offered for limited tenure only.
LIMITED TENURE
Residents at a rooming or boardinghouse on a temporary basis, for a period lasting no more than 90 days, when a resident either maintains a primary residence at location other than the rooming or boardinghouse, or intends to establish a primary residence at such a location and does so within 90 days after taking up original residence at the rooming or boardinghouse.
ROOMING HOUSE
A boardinghouse wherein no meals or other food services, personal or financial services are provided to the residents.
A. 
No person, firm or corporation shall engage in the business of conducting, maintaining or operating a hotel, boardinghouse, rooming house or lodging house, as herein defined, in the Borough without securing a license therefor after making application in writing to the Borough Clerk under oath, signed by the owner or operator of such hotel, boardinghouse, rooming house or lodging house, and setting forth the following:
(1) 
Full name and address of proprietor or operator of such hotel, boardinghouse, rooming house or lodging house and of the owner of the premises.
(2) 
Location of the hotel, boardinghouse, rooming house or lodging house.
(3) 
The portions of the building intended to be used as a hotel, boardinghouse, rooming house or lodging house, together with drawings showing dimensions of floor plans of all buildings not originally constructed as a hotel, boardinghouse, rooming house or lodging house.
(4) 
Number of bedrooms on each floor and maximum number of persons which each bedroom can accommodate.
(5) 
Statement of sanitary facilities, including the number per floor of the sanitary facilities in the hotel, boardinghouse, rooming house or lodging house.
B. 
The application shall be signed by the owner and shall contain a certification of the truth of the information contained therein by the owner. Any false information shall constitute a violation of this chapter. Any false information rendered knowingly and intentionally may, upon complaint subject the party rendering it to criminal prosecution and grounds for potential revocation of any license approved pursuant thereto.
A. 
The annual license fee for conducting and operating a hotel, boardinghouse, rooming house, lodging house or guest house shall be in accordance with the following schedule:
(1) 
From one to 25 guest sleeping rooms, inclusive, the sum of $35.
(2) 
From 26 to 50 guest sleeping rooms, inclusive, the sum of $100.
(3) 
From 51 to 100 guest sleeping rooms, inclusive, the sum of $150.
(4) 
More than 100 guest sleeping rooms, the sum of $200.
B. 
The foregoing license fee shall accompany the filing of an application form furnished by the Borough of Spring Lake, and, further, an application for a license shall be filed each year.
A. 
The Code Enforcement Officer shall make such investigations and inspections as may be necessary to determine whether or not the provisions of this chapter are being observed and shall report all violations to the Borough Council. The Code Enforcement Officer shall perform his duties under the terms and conditions of this chapter without additional compensation.
B. 
Any inspection conducted pursuant to this chapter shall be conducted during normal business hours.
C. 
If a complete inspection is not possible because one or more rooms are occupied and the occupants are in the premises at the time, the Code Enforcement Officer will return at a later time. There will be no additional fee charged for the follow-up inspection.
A. 
All applications for a license to conduct or operate a hotel, boardinghouse, rooming house or lodging house shall be made to the Borough Clerk, and the Code Enforcement Officer shall make an inspection of such hotel, boardinghouse, rooming house or lodging house in which the business is to be conducted to ascertain if the building thereon is suitable for the purpose and if the building complies with the provisions of this chapter and any and all ordinances and regulations of the Borough of Spring Lake and with the laws of the State of New Jersey. The Code Enforcement Officer shall file with the Borough Clerk a report in writing concerning the result of his examination, and, if the report of the Code Enforcement Officer discloses that the premises for which the license is sought complies with the provisions of this chapter and with all other ordinances and regulations of the Borough of Spring Lake and with the laws of the State of New Jersey, the Borough Clerk may issue a license to conduct and operate the business of hotel, boardinghouse, rooming house or lodging house on the premises.
B. 
If the Code Enforcement Officer shall determine, upon inspection of the premises for which the license is applied for, that the building thereon does not comply with this chapter or with all other ordinances and regulations of the Borough of Spring Lake or with the laws of the State of New Jersey, then and in that event no license shall be granted to conduct the business of operating a hotel, boardinghouse, rooming house or lodging house on the premises, and the license fee therefor shall be returned to the applicant.
C. 
Nothing herein contained shall prevent the Chief of Police, the Chief of the Fire Department, the Board of Health or the Construction Code Official from inspecting or investigating the premises to determine whether or not the ordinances and regulations of the Borough of Spring Lake are being complied with.
No room in any hotel, boardinghouse, rooming house or lodging house which is occupied or is intended, arranged or designed to be occupied for sleeping purposes shall be so overcrowded that there shall be afforded less than 400 cubic feet of air space to each person 12 years of age and over, and 200 cubic feet of air space to each child under 12 years of age. No greater number of occupants than thus established shall be permitted to sleep in any one room. No room shall be used for a sleeping room which does not open to the outside of the building on street or alley side or to a yard or court, and each sleeping room shall have at least one window and one door. The total area of windows shall be not less than 10% of the floor area of the room, including the area of every recess or alcove. Each window shall be constructed to permit at least 50% of its full area to be opened, either the top or bottom or side. The tops of all such windows shall be not less than six feet above the floor of any sleeping room.
Every sleeping room in a hotel, boardinghouse, rooming house or lodging house in the Borough shall have a clear height between floor and ceiling of not less than seven feet. Its least horizontal dimensions shall be not less than seven feet and it shall have a floor area not smaller than 70 square feet.
No room in any hotel, boardinghouse, rooming house or lodging house shall be used as a sleeping room which was not originally constructed for such purpose, and no basement, garage or barn shall be used or occupied as a sleeping room, and no porches shall be occupied as sleeping rooms, unless the adjoining space is occupied by the same party, and then only if the cubic content and floor space thereof comply with the provisions of this chapter.
No person, firm or corporation which shall conduct the business of boarding or lodging one or more persons in any building in the Borough either with or without the service of meals, for a consideration, shall erect any sign or advertise the taking of roomers, boarders or lodgers, in any way, without first making application for a license and paying the fee therefor, as provided herein, and complying with all the other provisions of this chapter.
In every hotel, boardinghouse, rooming house and lodging house there shall be toilets in the ratio of at least one toilet for every 10 occupants, or fraction of such number.
No gas, coal or electric range or stove or any other apparatus or appliance shall be used for the cooking or preparation of food or shall be installed in any room in any hotel, boardinghouse, rooming house or lodging house which is occupied or is intended, arranged or designed to be occupied for sleeping purposes, nor shall any food be cooked or otherwise be prepared or stored in any room in any hotel, boardinghouse, rooming house or lodging house, which room is occupied or is intended, arranged or designed to be occupied for sleeping purposes.
It shall be unlawful for the lessee, proprietor or operator of any hotel, boardinghouse, rooming house or lodging house to let, underlet, rent or permit any hotel, boardinghouse, rooming house or lodging house or any part thereof, for the purpose of being occupied by any person or persons with the privilege of installing in any room which is occupied or intended, arranged or designed to be occupied as a sleeping room, any gas, coal or electric range or stove or any other apparatus or appliance to be used for the purpose of cooking, storing or preparing foods.
It shall be unlawful for the lessee, or occupant of any hotel, boardinghouse, rooming house or lodging house to store foodstuffs or to cook or otherwise prepare food in any room in a hotel, boardinghouse, rooming house or lodging house, which room or rooms is or are occupied or intended, arranged or designed to be occupied as a sleeping room or rooms.
There shall be posted in a conspicuous place in every hotel, boardinghouse, rooming house or lodging house a copy of this chapter, which copy shall be furnished by the Borough of Spring Lake.
A. 
Any license issued hereunder shall cover only the number of occupants and that part of the premises described in the application therefor. Any increase in rooming units or in the number of roomers to be accommodated, or in the part of the premises utilized as a rooming house, or other structural changes affecting the data contained in the application provided for in § 206-2 above, or change in the person or persons actually owning or in charge of operating or maintaining the premises, shall require the submission and filing of an amended application containing the additional information to the Borough Clerk within 30 days of the change, including a certification of the truth of the information, under oath.
B. 
There will be a fee of $25 charged for filing the amended application.
A. 
The license issued hereunder shall be transferable, and no person other than the owner/manager shall operate or be permitted by the owner to operate the licensed premises.
B. 
The transfer of ownership does not require the inspection by the Code Enforcement Officer and issuance of a certificate of inspection permitting occupancy pursuant to § 211-13 of Chapter 211, Housing Standards, since the uses, subject to this chapter, are inspected annually by the Fire Official and the Code Enforcement Officer.
C. 
Where there is to be a change of ownership or operation, the application shall be amended, as set forth in § 206-15 above.
The applicant shall not be entitled to any refunds of any fees paid hereunder.
Every hotel, boardinghouse, rooming house or lodging house subject to licensing shall keep a register in which there shall be set forth in a permanent manner the name, last permanent address of the registrant and room number or room name to be occupied by the registrant. In the event that a room is to be occupied by someone other than the registrant for 30 days or more, the register shall also contain the name, last permanent address of the occupant and the room number, or name to be occupied. Said register shall be available at all times to the authorized representative of the Zoning Officer and the Police Department of the Borough of Spring Lake.
A. 
In order to promote the health, safety, welfare and morals of the citizens of the Borough of Spring Lake, the occupancy by a minor (unaccompanied by a parent), whether emancipated or unemancipated, of any boardinghouse or rooming house, subject to licensing under this chapter is prohibited. For the purpose of this chapter, a minor shall be any person under the age of 18 years. The operator and occupant of the premises in which such occupancy occurs shall be liable hereunder. The manager and owner shall not be liable for violation of this subsection if the minor presents reasonable proof of age which is otherwise false or inaccurate, such as a driver's license or other generally accepted proof of age.
B. 
Overcrowding prohibited. Occupancy in excess of the maximum occupancy permitted under the provisions of the BOCA Basic Housing - Property Maintenance Code or the occupancy data set forth in the application under § 206-2 is prohibited.
C. 
The maximum number of occupants per room residing in a boardinghouse or rooming house over 45 days shall be two.
[Added 8-26-2003 by Ord. No. 17-2003; amended 2-24-2004 by Ord. No. 6-2004]
A. 
Purpose. It is the purpose of this section to implement the provisions of P.L. 2003, c. 114 (N.J.S.A. 54:32D-1 et seq.), which authorizes the governing body to adopt an ordinance imposing a tax at a uniform percentage rate of 1% on charges of rent for every occupancy on or after July 1, 2003, but before July 1, 2004, and not to exceed 3% on charges or rent for every occupancy on or after July 1, 2004, of a room or rooms in a hotel subject to taxation pursuant to Subsection (d) of Section 3 of P.L. 1966, c. 40 (N.J.S.A. 54:32B-3) which shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the occupancy of a hotel room.
B. 
There is hereby established a hotel and motel room occupancy tax in the Borough of Spring Lake which shall be fixed at a uniform percentage of 1% on charges of rent for every occupancy of a hotel, motel or bed and breakfast facility's room or rooms in the Borough of Spring Lake on or after July 1, 2003, but before July 1, 2004, and 3% on charges of rent for every occupancy of a hotel, motel or bed and breakfast facility's room or rooms in the Borough of Spring Lake on or after July 1, 2004, subject to taxation pursuant to Subsection (d) of Section 3 of P.L. 1966, c. 40 (N.J.S.A. 54 32B-2) [sales tax].
C. 
The hotel and motel room occupancy tax shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the occupancy of a hotel room.
D. 
In accordance with the requirements of N.J.S.A. 54:32D-1 et seq.:
(1) 
All taxes imposed by this section shall be paid by the purchaser.
(2) 
A vendor shall not assume or absorb any tax imposed by this section.
(3) 
A vendor shall not in any manner advertise or hold out to any person or to the public in general, in any manner, directly or indirectly, that the tax will be assumed or absorbed by the vendor, that the tax will not be separately charged and stated to the customer, or that the tax will be refunded to the customer.
(4) 
Each assumption or absorption by a vendor of the tax shall be deemed a separate offense, and each representation or advertisement by a vendor for each day that the representation or advertisement continues shall be deemed a separate offense.
(5) 
The penalty for violation of the foregoing provisions shall be as provided in § 206-21 for each offense.
E. 
The tax imposed by this section shall be collected on behalf of the Borough of Spring Lake by the person collecting the rent from the hotel, motel or bed and breakfast facility customers. Each person required to collect the tax herein imposed shall be personally liable for the tax imposed, collected or required to be collected hereunder. Any such person shall have the same right in respect to collecting the tax from customers as if the tax were a part of the rent and payable at the same time, provided that the Chief Financial Officer of the Borough shall be joined as a party in any action or proceeding brought to collect the tax.
Each and every person violating any of the provisions of this chapter shall, upon conviction thereof, be liable to the penalty in Chapter 1, Article II, General Penalty.