[Adopted 4-18-2000 by Ord. No. 2000-1]
This article is for the purpose of regulating
and safeguarding the health, welfare and safety of the occupants of
hotels and motels covered herein and is not for the purpose of generating
revenue.
As used in this article, the following terms
shall have the meanings indicated:
A facility offering transient lodging accommodations on a
daily rate to the general public and providing additional services,
such as restaurants, meeting rooms and recreational facilities. In
addition, every building kept, used, maintained or advertised as or
held out to be a place where sleeping accommodations are supplied
for pay to transients.
A.
No building or parts of any building shall be used
as a hotel or motel prior to application for a license as such, to
the Zoning Official and Construction Official of the municipality.
The application shall be on a form adopted by the governing body and
must be in writing setting forth the name of the applicant, his address,
occupation, location of the building, number of rooms therein and
the numbers of stories and height.
B.
A fee of $100 shall be paid at the time of presentation
of the application to the Municipal Officials.
C.
A license shall be issued to only a person of good
moral character and shall not be transferable. A license shall only
be issued to a building meeting the requirements of this article and
shall cease at any time such use is abandoned by the applicant or,
in the discretion of the Zoning Official, deemed not in compliance
with this article.
D.
All licenses shall be signed by the Zoning Official
of the municipality, and shall be posted in a prominent place in the
building. Each license shall run from January 1 of each year and shall
terminate on December 31 of the same year. Renewals of permits must
be made as if the original permit is applied for.
All license applicants must comply with all
local, county and state requirements, all fire and police regulations,
the requirements of the Building Code of the Borough of East Rutherford,
and regulations prescribed by the statutes of the State of New Jersey.
A.
Each licensee shall cause to be maintained, on the
licensed premises, a complete register consisting of either consecutively
numbered cards in which each card shall have the name and address
of the premises printed at the top and shall contain the following
information on each person using any room on the premises:
B.
Each card shall be kept for a period of least five
years and shall remain on the premises at least one year after the
checkout date.
C.
Each premises may also keep this form of record by
any other means, provided that the criteria set forth herein are complied
with, including any electronic means.
Hotels or motels may only be used for the purpose
of transient occupants and may not be used or occupied under any permanent
basis, and no such occupant shall be deemed a resident therein. No
rental space therein shall be occupied by the same guest or guests
for a consecutive period exceeding 60 days.
It shall be unlawful for any person to register
in any hotel or motel in any other or different name or provide any
false information required at the time of registration.
A.
Licenses issued hereunder may be revoked by the Zoning
Official of the Borough of Rutherford if it is found that the premises'
owner or the agent, operator or employee of the licensee has violated
any provisions of this article, or any other ordinance of the Borough
of East Rutherford or statute of the State of New Jersey, in the conduct
of its business for which the license is held.
B.
Licenses shall not be revoked unless charges, in writing,
shall first have been filed with the Municipal Clerk, setting forth
the nature of the charges.
C.
Upon filing of the charges, a hearing shall be scheduled
and a notice of the hearing shall be provided to the licensee, setting
forth the time and place of hearing as well as the charges levied
against the licensee.
The authority and duty to carry out the provisions
of this article shall vest in the Zoning Official of the Borough of
East Rutherford.
A.
Any person engaging in the business of a hotel or
motel, as defined herein, without a license, or who shall violate
any provisions of this article, shall, upon conviction before the
Municipal Court of the Borough of East Rutherford, be subject to a
fine not exceeding $1,000 or to imprisonment for a period not exceeding
90 days, or both. The amount of such fine and imprisonment, within
the limitations aforesaid, shall be at the discretion of the Municipal
Court Judge.
B.
Any corporation which by its officers, agents or employees
shall violate any provision of this article shall, upon conviction
before the Municipal Court, be subject to a fine of not more than
$1,000. The amount of such fine, within the limitations set forth
herein, shall be determined at the discretion of the Municipal Court
Judge.
C.
The municipality shall be empowered in the name of
the Mayor and Council to compel compliance with this article, or to
prevent, enjoin or restrain the use of any premises where the uses
are in violation of this article, by any action at law which the municipality
deems necessary,
Any existing hotel or motel within the borders
of East Rutherford shall have 60 days from the effective date of this
article to make application to the Zoning Official for a permit. Thereafter,
renewals are to be applied for on an annual basis. Permits for newly
constructed hotels or motels shall be applied for prior to conducting
any business as such.
