As used in this chapter, the following terms
shall have the meanings indicated:
HOTEL or BOARDINGHOUSE
A building used or intended to be used for the accommodation
of guests and where food is prepared and served under a single management
in a central dining area available to all guests and which is not
licensed by the State of New Jersey as a sheltered care facility.
ROOMING HOUSE
A dwelling containing guest rooms in which lodging is provided,
without meals, for compensation and which is let to three or more
guests and which is not licensed by the State of New Jersey as a sheltered
care facility.
All food preparation areas and procedures shall comply with Chapter
12 of the New Jersey State Sanitary Code (N.J.A.C. 8:012 and N.J.S.A. 26:1A-9).
[Amended 6-7-2022 by Ord. No. 5-2022]
No person shall own, manage, conduct, or carry
on the business of a hotel, boardinghouse, or rooming house without
first obtaining a certificate of approval from the New Jersey Department
of Community Affairs.
The application for a certificate of approval
to manage, conduct and carry on the business of a hotel, boardinghouse
or rooming house shall be made by the operator, in writing, to the
Health Officer in accordance with the procedure hereinafter provided,
and the application shall contain the following information and data:
A. The location of the premises and the names and addresses
respectively of the owner of the premises and the person operating
or intending to operate the premises. Where the applicant is not an
individual, the applicant shall state the names of all officers, members
of the board of directors and owners of more than 10% of the stock
or all officers, trustees, directors or governing officials or all
partners thereof, as the case may be.
B. Where an applicant seeks a certificate of approval
for a hotel, boardinghouse or rooming house in an area which is not
zoned to permit the use and the application is based on facts which
constitute a lawful nonconforming use, the applicant shall state in
the application the name and address of the owner and operator of
the premises as of the date when the use, by reason of the zone change
or variance, first became a nonconforming use, indicating the number
of rooms and the number of guests as of that date.
C. If the applicant is not the owner of the premises,
the owner's consent to the use of the premises for a hotel, boardinghouse
or rooming house shall be affixed to the application.
D. There shall be submitted to the Health Officer, by
each applicant, floor plans showing the number of rooms on each floor
of the premises, including any basement rooms, the size, area and
height of each of such rooms, the size and location of each window
in each room and the sanitary facilities available for use by the
guests, of what they consist and their location in the premises.
E. The application shall also state the number of guest
rooms in the building and the number of persons proposed to be accommodated
and shall indicate the capacity of each guest room.
[Amended 6-7-2022 by Ord. No. 5-2022]
The enforcing agency for properties covered by this chapter
shall be the Department of Community Affairs.
This chapter shall be effective only in those
municipalities in the County of Atlantic that are participants in
and are part of the County of Atlantic Public Health Agency.
Any person found guilty of violating any of
the provisions of this chapter shall be subject to a fine not exceeding
$200 or to imprisonment in the county jail for a period not exceeding
90 days, in the discretion of the Judge who may hear the case, or
as set forth in N.J.S.A. 40:24-7 and 40:24-9.
[Added 6-13-1979]
Where the provisions of this chapter of the
Atlantic County Code are contrary to or in conflict with state statutes
concerning the sheltered care facilities and particularly dealing
with the size of rooms, the provisions of the state statute or the
Administrative Code of the Department of Health of the State of New
Jersey shall take precedence.