[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:
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.
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.
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:
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.
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.
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.
