[HISTORY: Adopted by the Borough Council
of the Borough of Paramus 5-14-1969 by Ord. No. 608 (Ch. 8, Art. 3,
of the 1969 Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The 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.
Any room, cabin or quarters, whether or not physically attached
or connected with any other building or structure, used for sleeping
or housing accommodations in the business of conducting a tourist
lodge or motel or hotel.
No person shall engage in the business of conducting
a tourist lodge or motel or hotel without first having applied for
and obtained from the Borough a license therefor as hereinafter provided.
A.
Each applicant for such license shall make a written
application on a form supplied by the Borough Clerk, setting forth:
(1)
The full name, residence and post office address of
the applicant.
(2)
The exact location of the proposed licensed premises,
giving the street address, block and lot number as shown on the Tax
Assessment Map of the Borough, and the exact dimensions of the lands
upon which the business is to be conducted.
(3)
A description of the buildings, structures and accommodations
upon said lands, including a statement of the number of housing or
lodging units and the maximum number of persons who can be accommodated
at any given time.
(4)
A description of the character of said buildings or
structures as to size, type of construction and whether or not the
same are fireproof.
(5)
A description of automobile parking spaces and facilities.
(6)
The name and address of the owner of said lands and
buildings.
(7)
The name or names of the person or persons on the
licensed premises upon whom process may be served.
(8)
A detailed description of the register or system used
for the registration of persons to whom accommodations are extended.
(9)
Whether any person constituting the individual or
partnership applicant or whether the corporate applicant or any stockholder
holding 10% or more of the stock thereof or any director or officer
thereof has ever been convicted of any crime and, if so, the details
thereof, including, with respect to each conviction the name of the
person convicted, the date thereof, the nature of the crime, the court
in which the conviction was entered and the punishment imposed.
(10)
In the case of corporate applicants, the names and
residents of all stockholders holding 10% or more of any stock of
the corporation, the names and residences of all officers of the corporation
and the office held by each.
B.
Any change in any of the information set forth in
the application during the term of the license shall forthwith be
communicated by the licensee, in writing, to the Borough Clerk.
Each application shall be made in triplicate
and shall be signed and sworn to by the applicant and presented to
the Borough Clerk, together with a certified or bank check or cash
in the amount of the hereinafter prescribed license fee.
A.
The Borough Clerk shall forthwith forward said application
to the Health Officer and to the Fire Chief, who shall inspect the
premises to determine whether or not the premises comply with applicable
health and fire ordinances and regulations. If the premises do not
comply, said officials shall attach to the application a written list
of recommendations and return the same to the Borough Clerk, who shall
in turn forward said application to the applicant. If the premises
do comply, said officials shall attach thereto certificates of approval.
B.
The Borough Clerk shall present said application,
with said certificates of approval attached, to the Mayor and Council.
The Mayor and Council shall thereupon cause to be made such further
investigation of the premises and of the information set forth in
said application as it may deem necessary and shall determine on the
basis of said investigation and application whether or not such license
shall be granted.
No such license shall be issued to any person
who has been convicted of a crime involving moral turpitude nor shall
any such license be issued to any corporation in which any stockholder
holding 10% or more of any of the stock thereof or in which any director
or officer shall have been convicted of a crime involving moral turpitude.
A.
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.
B.
The application for a transfer of a license shall
set forth the same matters and things as are required by this chapter
to be set forth in connection with an original application for a license.
C.
The application for a transfer shall be accompanied
by the consent of the licensee and a transfer application fee equal
to 10% of the annual license fee of the license sought to be transferred.
D.
The Mayor and Council, with the consent of the licensee
and upon payment of the transfer application fee, may transfer to
such applicant any license issued under the terms and provisions of
this chapter. Said transfer application fee shall be retained by the
Mayor and Council, whether the transfer is granted or not.
A.
Each licensee shall at all times cause to be maintained
on the licensed premises a bound register, consisting of a permanent
volume of consecutively numbered pages or a card register consisting
of consecutively numbered cards. Each licensee shall submit to the
Chief of Police of the Borough the bound register, where used, and
the Chief of Police shall endorse the flyleaf thereof with the words
"Official Register," followed by the name of the licensee, the date
of endorsement and the signature of the Chief. In the event of the
absence or disability of the Chief, the endorsement shall be made
by the Acting Chief or by such other person as the Borough Council
may hereafter direct. All registrations hereinafter required to be
made shall be made in either the Official Register, where used, or
in the card register as described above. All registers shall be preserved
for not less than six years upon the licensed premises.
B.
No person shall occupy and no licensee shall permit
any person to occupy any housing or lodging unit on the licensed premises
unless the head of the party who is to occupy such housing or lodging
unit shall first:
(1)
Display to the licensee or to a duly authorized agent
or employee of the licensee in charge of the register written evidence
of his identity and residence; and
(2)
Write in the Official Register immediately following
the latest registration or in the card register, in ink and in his
own handwriting, his full and true name and address and the name and
address of each person to occupy the unit and, in the case of the
operator of the motor vehicle or a member of his party, the state
license or registration number of the motor vehicle conveying him
to the licensed premises. If the registrant does not write in the
register the information herein required as to the motor vehicle,
it shall be the duty of the licensee or his duly authorized employee
to write in said information.
C.
In addition to the foregoing information, the licensee shall cause to be written into the register, in ink, the number or name of the housing or lodging unit assigned to each registrant; the date and hour of registration; a brief description or designation of the identification displayed to the licensee by the registrant pursuant to Subsection B(1) of this section; the signature of the person taking or accepting the registration; and the date when the occupant or occupants of each housing or lodging unit quits and surrenders the same.
D.
Said registers shall be kept and preserved by the
licensee and shall be available on request at any hour of the day
or night to any police officer of the Borough.
It shall be the duty of the members of the police
force of the Borough 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.
No licensee shall employ in, on or about the
licensed premises any person convicted of a crime involving moral
turpitude within a period of five years from the date of such conviction.
A.
Any license issued under this chapter may be suspended
or revoked by the Mayor and Council for:
B.
Due notice of the charges and of the date fixed for
the hearing hereof shall be given to the licensee to the end that
he shall have the opportunity to be heard at said hearing prior to
revocation or suspension of his license.
[Amended 11-24-1992 by Ord. No. 92-23; 3-14-2006 by Ord. No. 06-2]
Any person who violates any provision of this chapter shall, upon conviction, be subject to the penalties provided by § 1-15 of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
