[HISTORY: Adopted by the Township Committee of the Township of Rochelle Park 11-20-1972 by Ord. No. 338. Amendments noted where applicable.]
It shall be unlawful for any person to establish, operate or maintain, or permit to be established, operated or maintained upon any property owned or controlled by him, a motel within the limits of the Township of Rochelle Park in the zone districts where motels are permitted, without having first secured a license therefor from the Township Clerk. Such license shall be for a period of one year commencing on January 1 and terminating on December 31 of said year and shall be renewable for additional periods of one year. Licenses shall not be transferable from one person to another.
The application for such license or the renewal thereof shall be filed with the Clerk of the township and shall be accompanied by a fee of $2,000. The application for license or renewal thereof shall be made on printed forms furnished by the Clerk of the township and shall include the name and address of the owner of the motel, the legal description of the premises upon which the motel is or will be located as will readily identify and locate the premises, the number of units and the experience of the owner or manager in the motel business.
[Amended 11-16-1981 by Ord. No. 453; 2-19-1985 by Ord. No. 500]
The Township Clerk is authorized to issue a license after the license has been approved by the Township Committee.
In every motel there shall be set aside a portion of the building for an office for the person in charge of said motel. A copy of the motel license and of this chapter shall be posted therein and the motel register shall at all times be kept in said office.
It is hereby made the duty of the attendant or person in charge, together with the licensee, to:
Keep at all times a register of all guests, which shall be open at all times to inspection by state and federal officers and officers of the Township of Rochelle Park, showing for all guests:
Maintain the motel in a clean, orderly and sanitary condition at all times.
See that the provisions of this chapter are complied with and enforced and report promptly to the proper authorities any violations of this chapter or any other violations of law which may come to his attention.
Report to the Health Inspector all cases of persons or animals affected or suspected of being affected with any communicable disease.
Maintain in convenient places, approved by the Fire Department, hand fire extinguishers in good operating condition in the ratio of one to each 10 sleeping units.
Prohibit the use of any sleeping unit by a number of occupants greater than that which is authorized by the Fire Prevention Bureau.
No license shall be issued to any person who has been convicted of a crime involving moral turpitude, nor shall any license be issued to any corporation in which any stockholder holding 5% or more of the stock thereof or in which any director or officer shall have been convicted of a crime involving moral turpitude. No licensee shall employ in or about the licensed premises any person convicted of a crime involving moral turpitude within a period of five years from the date of conviction.
The Health Inspector shall inspect all motels as often as shall be necessary and in any event not less than once every four months in each calendar year. If after such inspection it is found by the Health Inspector that a motel is being conducted in an unclean or unsanitary manner or in violation of this chapter or any other ordinance of the township, the Health Inspector shall thereupon notify the owner or operator of said motel of such condition and that such owner or operator shall have five days from the date of the receipt of notice from the Inspector to remedy such condition, and if after the said five-day period the owner or operator fails to remedy such condition, the Inspector shall report such facts to the Township Committee, which, after public hearing, shall have the power to cancel or suspend the said license. In addition, notwithstanding the above, if after the said five-day notice period the owner or operator fails to remedy such conditions, the Inspector may issue a complaint against the owner or operator of said motel, alleging a violation of the terms of this chapter. Any owner or operator of said motel who takes part or assists in any violation of this chapter shall, upon conviction thereof, pay a fine of not less than $50 nor more than $500 for each offense or be imprisoned in the county jail for a term not to exceed 90 days, or both, in the discretion of the Judge before whom such conviction shall be had. In case of failure of any person to pay any fine imposed herein, such Judge may cause such person to be imprisoned in the county jail for any term not to exceed 90 days. Each day that a violation is permitted to exist shall constitute a separate offense.
[Amended 5-5-1986 by Ord. No. 519]
Each motel unit shall have a complete bathroom, including flush toilet, sink, bath or shower. Floors of bathrooms shall be constructed of concrete tile or similar materials which are impervious to water. Each bathroom shall be provided with an adequate supply of hot and cold running water, soap, individual towels and toilet paper at all times.
It shall be unlawful for any owner or operator of a motel to charge a price greater than the motel's accommodation price as displayed within the sleeping units.
It shall be unlawful for any owner or operator of a motel to post or allow to remain posted on any outdoor advertising sign rates for accommodations in such motel.
[Added 5-18-1994 by Ord. No. 677]
Definition. For the purpose of this chapter, the following terms shall have the meanings indicated:
- ADULT MOTEL
- A hotel, motel or similar commercial establishment which:
- (1) Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction of specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way which advertises the availability of this adult-type of photographic reproductions;
- (2) Offers a sleeping room for rent for a period of time that is less than 24 hours; or
- (3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 24 hours.
Management. In addition to requirements of § 130-2, the following shall apply to motels:
Evidence that a sleeping room in a hotel, motel or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this chapter.
It is unlawful if a person, as the person in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have a sexually oriented permit and/or license, rents or subrents a sleeping room to a person and, within 10 hours from the time the room is rented, he rents or subrents the same sleeping room again.