§ 8-23. MOTELS.
8-23.1 Definitions. The following terms shall, for the purpose of this section, have the meaning indicated in this section.
Motel means a facility offering transient lodging accommodations to the general public and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities.
Occupancy means the use or possession or the right to the use or possession of any room(s) or portion thereof in any motel for sleeping purposes.
Person means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint means stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit.
Rent means the consideration charged, whether or not received, for the occupancy of space in the motel value in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and service of any kind or nature, without reduction there from whatsoever.
Transient means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right to access, license or by other payment of any money for the right to occupy the premises for a period of fifteen (15) consecutive calendar days or less, counting portions of the calendar days as full days. Any such person so occupying any space in a motel shall be deemed a "transient" up to and including the 15th day. In determining whether a person is a "transient", uninterrupted period of time extending both prior or subsequent to the effective date of this section may be considered.
(Ord. No. 173-11, § 1, 12-12-2011; Ord. No. 268-14, § 1, 9-8-2014)
8-23.2 License Required. It shall be unlawful for any person, partnership, firm, corporation or entity to establish, operate, maintain, occupy or offer for occupation upon any property owned, controlled or leased by him a motel as defined herein without first having secured a license from the Borough of Sayreville. Said license shall be for a period of one (1) calendar year from January 1st to December 31st. There is no proration of the annual license fee. Said license shall be renewed for additional periods of one (1) calendar year. Said renewal shall be completed no later than 30 (thirty) days prior to the termination of the existing license. Licenses shall not be transferrable from one (1) person, firm, partnership, corporation or entity to another person, partnership, corporation or entity except as provided in this section.
(Ord. No. 173-11, § 1, 12-12-2011; Ord. No. 268-14, § 1, 9-8-2014)
8-23.3 Conditions Requiring License. When any person shall by the use of signs, circulars, business cards, newspapers, other publications, radio or television stations advertise or solicit patronage, actively or passively, it shall be considered prima facie evidence of liability, and a license shall be required for the ownership and/or operation of a motel.
(Ord. No. 173-11, § 1, 12-12-2011; Ord. No. 268-14, § 1, 9-8-2014)
8-23.4 Application for a License.
A.
Each applicant for such license shall make written application on forms prescribed and supplied by the Borough Clerk setting forth:
1.
The full name, phone number, address and post office address, if applicable, of the applicant (if a corporation, provide the names and addresses of the President and Secretary and Registered Agent, if applicable; if a partnership, provide the names and addresses of all partners). The address provided must be different than that of the motel to be licensed.
2.
The exact location of the proposed licensed premises, including the street address, block and lot number as described on the Tax Map of the Borough of Sayreville.
3.
A description of the business, structure and accommodations upon said land, including a statement of the number of sleeping units, the maximum number of persons who can be accommodated at any given time.
4.
The name, address and owner of said lands and buildings and the name, address of the individual, corporation, partnership or other entity renting said building. In the event that the entity who owns or leases the licensed premises is a corporation, the name and address of the officers of the corporation and the particular position they hold, the name and address of any stockholders holding five (5) percent or more of the stock, directly or indirectly, or in any way beneficially of the corporation which is seeking a license and the name, address and phone number of the registered agent, if applicable.
5.
The name(s) of the person or persons on the licensed premises upon whom process may be served.
6.
The residence of the applicant during the past five (5) years, if the applicant is an individual.
7.
Indication of whether the applicant has ever had a license to conduct any type of business anywhere denied or revoked and setting forth details of same.
8.
Details of any arrest and/or convictions for crimes or disorderly conduct, including the nature of the offense for which arrested and/or convicted, the date of conviction and the court in which said conviction occurred.
9.
The name and address of the applicant's attorney, if applicable.
10.
The telephone number(s) where the owner(s) and/or his or her agent may be reached in the event of an emergency. A minimum of at least three (3) emergency contacts must be provided prior to the issuance of the license.
B.
The application should contain a certification that the statements made by the applicant in connection with the application and covering the information requested in Paragraph A are true and that the applicant makes such statements to induce the Borough of Sayreville to issue a license to operate a motel covering the applicant's business and that the applicant agrees to comply with all Rules, Regulations and Laws of the State of New Jersey and Borough Ordinances applicable to same.
C.
The application shall be accompanied by a payment in the amount of the license fee for the period involved. In the event that the license applied for shall be denied, said fee shall be returned to the applicant less ten (10%) percent thereof to cover investigation costs relative to said application.
D.
If the applicant is not the owner of the site where the business is to be conducted, the owner's written consent to the conduct of the business described in the application shall be annexed to the application.
E.
The application for an issuance of a license hereunder shall constitute the consent of the applicant to an inspection of the entire premises at reasonable times by the Middlesex County Health Inspectors, Chief of Police, Fire Official, Director of Code Enforcement and other authorized agencies of the Borough of Sayreville for the purpose of determining whether there exists on the proposed licensed premises, violations of any Ordinances of the Borough of Sayreville or any Laws of the State of New Jersey.
(Ord. No. 173-11, § 1, 12-12-2011; Ord. No. 268-14, § 1, 9-8-2014)
8-23.5 Licensing Procedures.
A.
Each applicant shall make an application upon forms issued by the Borough Clerk. This section shall apply to any individual, firm, partnership, corporation or entity who is now or in the future conducting any activity within the Borough limits regulated by this chapter.
B.
Upon application for a license, the Borough Clerk shall send a copy of same to the Middlesex County Health inspector, Fire Official, Chief of Police, Director of Code Enforcement and any other authorized agency who has an officer who shall have the duty to inspect each premises regulated by this section. If the premises are determined to be in compliance, the respective officers shall provide the Borough Clerk with a written certificate of such approval. Thereupon, if the applicant has complied with the other licensing provisions set forth in this section, the Borough Clerk shall issue a license in accordance with the terms and conditions of this section.
C.
If, upon inspection, the premises do not comply, the respective officers shall provide the Borough Clerk with a written report setting forth the specific violations of applicable ordinances, statutes, rules, regulations or standards. The Borough Clerk shall thereupon transmit a copy of such reports citing violations to the applicant, together with written notice that a license for the premises will not be considered until the violations contained in the reports are corrected. The applicant shall have the right to request a hearing before the Borough Business Administrator to reconsider the denial of the license. Said request must be in writing.
D.
All written reports and certificates by the various officers charged with making an inspection under this Section shall be completed within fourteen (14) days from the date the application is made. All written reports and certificates shall be transmitted to the Borough Clerk.
E.
The Borough Clerk shall set a date for a hearing to be held on the denial of said application at a reasonable time thereafter, which hearing, however, shall not be later than March 15th of each year, or in the case of a new license, not later than thirty (30) days from the date of a written request for a hearing unless the applicant requests or consents to a postponement. The Borough Business Administrator will act as hearing officer for said hearing. The Business Administrator will be assisted by the Borough Attorney during this process.
F.
A copy of all reports, certificates and investigations shall be made available to the applicant, upon request, at least seven (7) days prior to any hearing date set by the Borough Clerk on a particular license.
G.
All applications that are deemed acceptable shall be presented to the Mayor and Council for final review and approval by resolution. This shall include any application(s) that may have been initially denied but had subsequently corrected any concerns or deficiencies through routine correspondence or the administrative appeal process described within.
H.
In the event that objections in writing are filed with the Borough Clerk as to the issuance or renewal of a particular license after a recommendation for approval is made to the Mayor and Council or objections are made orally on the night set for issuance or renewal of a license, the governing body may set a date for a hearing. The Council shall then proceed to hear the objection(s) and all evidence for and against the issuance of such license and within ten (10) days determine whether to issue or renew a license or deny same if the evidence presented indicates good cause for the denial of a license. A refusal to issue a license shall be in writing, and the reasons for a denial shall be stated. If the circumstances warrant, the Mayor and Council may hold a hearing on the date set by the Borough Council meeting for the renewal or issuance of a license(s).
I.
After considering all evidence with respect to the application, the Borough Council may deny, suspend or revoke the license to the applicant for good cause, and if any application for a license is denied, suspended or revoked, the Borough Council shall state in writing the reason for the denial.
J.
Nothing contained herein shall prevent the Borough of Sayreville or officers of the Borough from proceeding against an applicant who is in violation of any of the provisions of this Section by filing a Complaint in a Court of competent jurisdiction.
(Ord. No. 173-11, § 1, 12-12-2011; Ord. No. 268-14, § 1, 9-8-2014)
8-23.6 Occupancy.
A.
The sleeping accommodations of a motel shall be rented only for the use of transient occupants and shall not be used or occupied on any permanent basis, and no such occupant shall be deemed to be a resident therein. Every licensed premises shall maintain at all times a complete register of all rentals therein and the true identification and correct hours of occupancy of each person using any room on the licensed premises.
B.
No person shall use or occupy any room or a portion of any room in any motel for more than fifteen (15) consecutive calendar days unless placed by Municipal, County or State Agency. A portion of a calendar day shall constitute a full day.
(Ord. No. 173-11, § 1, 12-12-2011; Ord. No. 268-14, § 1, 9-8-2014)
8-23.7 Identification of All Renters in each room/unit; Renting for Improper Purposes Prohibited. A licensee shall have the authority to ask the head of a party or any person renting accommodations on the licensed premises for written evidence of his or her identity and residence and, in addition thereto, the full and true name and address of each member of his or her party. In the case of the operator of a motor vehicle, a licensee shall have the authority to ask same the state, license and registration number of the motor vehicle conveying him or her to the licensed premises. In addition to the other rules and regulations proposed hereunder, no licensee shall knowingly rent, allow or permit any room on the licensed premises to be used for any illegal purpose. The licensee's failure to set forth the true identity and correct hours of occupancy of any person shall be deemed knowledge on the part of the license holder of such illegal or immoral purpose or use.
(Ord. No. 173-11, § 1, 12-12-2011; Ord. No. 268-14, § 1, 9-8-2014)
8-23.8 Compliance with all Laws and Regulations Required.
A.
All structures, buildings, dwellings, houses or parts thereof used for the purposes herein regulated shall comply with the Uniform Construction Code, the Land Use Development Ordinances, the Uniform Fire Safety Code, Middlesex County Health Code and other applicable Ordinances of the Borough of Sayreville and with the Rules, Regulations and Laws of the State of New Jersey.
B.
All fire escapes shall comply with the New Jersey Uniform Construction Code. An exit light shall be installed in the passageway or doorway leading to any such fire escapes. Doors leading to fire escapes shall be unlocked from the inside at all times and shall open outward.
(Ord. No. 173-11, § 1, 12-12-2011; Ord. No. 268-14, § 1, 9-8-2014)
8-23.9 Report of Communicable Diseases. A licensee shall report to the proper authorities of the Borough of Sayreville all cases of persons or animals affected or suspected of being affected with any communicable disease in or about the licensed premises.
(Ord. No. 173-11, § 1, 12-12-2011; Ord. No. 268-14, § 1, 9-8-2014)
8-23.10 Restriction on Ownership and Management. The operation, conduct and management of a motel shall not be under the management of, control or supervision of any person convicted of a crime involving moral turpitude or suffering from any contagious disease. No person shall own, directly or indirectly, more than five (5%) percent of stock or be an officer or director of any corporation or participate in any way in the management of any licensed premises if he or she has been convicted of a crime involving moral turpitude.
(Ord. No. 173-11, § 1, 12-12-2011; Ord. No. 268-14, § 1, 9-8-2014)
8-23.11 Payment of Fees.
A.
The annual fee for each license hereunder shall be the amount set forth in Chapter 2-64 "Fees and Licenses" of the Revised General Ordinances of the Borough of Sayreville, entitled "Motels".
$300.00—Application Fee (New or Renewal, change of ownership)
+ $20.00—Annual per room fee
B.
Payment of said fee shall accompany the filing of the application for licenses and any intention to renew thereafter.
C.
Except as otherwise provided, all license fees shall become part of the Borough's Treasury.
D.
Where the licensee is engaged in more than one (1) activity as enumerated in this section, at the same location, which may be subject to more than one (1) fee, said licensee shall be required to pay that fee which would be charged for the activity assessed the highest fee.
(Ord. No. 173-11, § 1, 12-12-2011; Ord. No. 268-14, § 1, 9-8-2014)
8-23.12 Time for Submission of Applications; Term of License.
A.
Applications for such license shall be made on a form as set forth in this Section and shall be signed and sworn to by the person, firm, partnership, corporation or entity actually engaged in such business and actually the true owners thereof.
B.
All licenses issued hereunder shall be issued for a period of one (1) year commencing January 1st and expiring at 12:00 midnight on December 31st. All renewals shall be applied for and issued in a similar manner as the original application.
C.
In the event of a termination or closing of a motel, or a moving of same to a location outside the Borough of Sayreville, the holder of the license shall notify the Borough Clerk of such termination or relocation not less than twenty (20) days prior to the effective date of the termination or change of location. The change of location as set forth in this subsection is to apply only to those changes of location whereby the motel operation is moving beyond the boundary lines of the Borough of Sayreville. Changes of location within the Borough of Sayreville are governed by this section.
(Ord. No. 173-11, § 1, 12-12-2011; Ord. No. 268-14, § 1, 9-8-2014)
8-23.13 Renewal Date. No later than forty-five (45) days prior to the expiration of the existing license, each applicant shall make an application upon the forms issued by the Borough Clerk. This subsection shall apply to any individual, firm, partnership, corporation or entity who is now or in the future conducting any activity within the Borough of Sayreville regulated by this section.
(Ord. No. 173-11, § 1, 12-12-2011; Ord. No. 268-14, § 1, 9-8-2014)
8-23.14 Change in Ownership, Corporate Address, and Emergency Contact Information.
1.
Any change or modification of ownership of the license motel during the term shall require the execution of a new application. Review of the modifications to ownership shall follow the same procedures as stipulated for all other applications. There shall only be charged an application fee as set forth in Chapter 2-64 of the Revised General Ordinances of the Borough of Sayreville. There shall be no additional "per room fees" associated with this form of application.
2.
In the event that emergency contact information (as stipulated in Section 8-23.4) has changed, the owner shall provide updated information to the Borough Clerk in a manner and format prescribed by the Borough Clerk within three (3) calendar days of the change.
(Ord. No. 173-11, § 1, 12-12-2011; Ord. No. 268-14, § 1, 9-8-2014)
8-23.15 Suspension and Revocation of License. In the event that the Borough Clerk finds upon a written report filed that there is such a serious infraction of the Rules, Regulations and Ordinances of the Borough of Sayreville or the rules, regulations and Laws of the State of New Jersey or that the operation of a premises licensed hereunder will constitute a serious menace to the health, safety, and welfare of the people of the Borough or the occupants of such licensed premises, the Borough Clerk shall have the right, upon the finding of good cause, to immediately suspend the license of such person, firm, partnership, corporation or entity licensed under this section. In the event that a license is suspended as set forth herein, the Borough Business Administrator shall within seven (7) business days hold a hearing, unless the Administrator and the licensee mutually agree to hold same at a later date. A written report upon which the Borough Clerk originally based its determination shall be given to the licensee at the time the Borough Clerk suspends its license.
The hearing to continue the suspension, revoke the license or take such other action as the Borough Council deems necessary in its lawful discretion shall proceed where applicable in the same manner as if the proceeding were for the issuance of a new license. Nothing contained herein shall prevent the Borough of Sayreville or the officers of the Borough from proceeding against the applicant in a court of competent jurisdiction.
(Ord. No. 173-11, § 1, 12-12-2011; Ord. No. 268-14, § 1, 9-8-2014)
8-23.16 Enforcement. The proper enforcement of the provisions of this section dealing with motel licenses shall be within the jurisdiction of the Borough of Sayreville Police Department and, additionally, within the jurisdiction of those officers charged with providing the necessary inspections and regulations.
(Ord. No. 173-11, § 1, 12-12-2011; Ord. No. 268-14, § 1, 9-8-2014)
8-23.17 Violations and Penalties.
A.
Noncompliance with the terms and conditions of this section shall constitute a violation.
B.
Each and every day any violation of this section exists or continues to exist shall be determined as a violation or offense under this section.
C.
Any person, firm, partnership, corporation or entity violating any provision of this section shall, upon conviction, be sentenced to a fine not exceeding the statutory limit as provided by State Law, be sentenced to a jail term not exceeding ninety (90) days and/or a period of community service not exceeding ninety (90) days.
(Ord. No. 173-11, § 1, 12-12-2011; Ord. No. 268-14, § 1, 9-8-2014)
8-23.18 Deadline for Existing Operations. Within sixty (60) days of the effective date of this section, all parties regulated hereunder shall make application for a license to the Borough Clerk. Failure to make such application within the sixty (60) day period shall constitute a violation of this section.
(Ord. No. 173-11, § 1, 12-12-2011; Ord. No. 268-14, § 1, 9-8-2014)