The terms used in this article are hereby defined
as follows:
BUSINESS OF CONDUCTING TOURIST LODGES OR MOTELS
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 or tourist
camps, whether meals are served therein or not.
HOUSING OR LODGING UNIT
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 tourist lodges.
PERSON
Any person, individual, firm, association, partnership or
corporation.
No person shall engage in the business of conducting
tourist lodges or motels without first having applied for and obtained
from the Borough of Totowa a license to do so. 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 5% 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.
Each applicant for such license shall make written
application on forms prescribed and supplied by the Mayor and Council
setting forth:
A. The full name, residence and post office address of
the applicant.
B. The exact location of the proposed licensed premises,
giving the street address, block and lot number as shown on the 1973
Tax Assessment Map of the Borough, and the exact dimensions of the
lands upon which the business is to be conducted.
[Amended 11-12-1974 by Ord. No. 1027]
C. 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; a description of the character of said buildings
or structures as to size, type of construction and whether or not
the same are fireproof; and a description of automobile parking space
and facilities.
D. The name and address of the owner of said lands and
buildings.
E. The name or names of the person or persons on the
licensed premises upon whom process may be served.
F. A detailed description of the register or system used
for the registration of persons to whom accommodations are extended.
G. Whether any person constituting the individual or
partnership applicant or whether the corporate applicant or any stockholder
holding 5% 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.
H. In the case of corporate applicants, the names and
residences of all stockholders holding 5% or more of any stock of
the corporation, the names and residences of all officers of the corporation
and the office held by each.
The Borough Clerk shall forthwith forward said
application to the Health Officer of the Board of Health and to the
Fire Chief of the Borough of Totowa, who shall inspect the premises
to determine whether or not the premises comply with Board of Health
and fire ordinances and regulations. If the premises do not so comply,
said officers shall attach to said application a written list of recommendations
and return the same to the Borough Clerk, who shall in turn return
said application to the applicant. If the premises do so comply, said
officers shall attach thereto certificates of approval. 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.
[Amended 5-16-1972 by Ord. No. 991]
A. Any license issued under the provisions of this article
shall be for a term of one year commencing on July 1 and expiring
June 30. No license fee shall be apportioned, regardless of the date
on which such license may be issued.
B. 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. All licenses shall be displayed
at a prominent place on the licensed premises.
C. On application made therefor, setting forth the same
matters and things as are required by this article to be set forth
in connection with an original application for a license, the Mayor
and Council, with the consent of the licensee, and upon payment of
a fee of 10% of the annual license fee for the license sought to be
transferred, may transfer to such applicant any license issued under
the provisions of this article. Said fee of 10% shall be retained
by the Mayor and Council whether the transfer is granted or not.
D. 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.
It shall be the duty of the Police Department
of the Borough of Totowa to inspect the licensed premises from time
to time, at any hour of the day or night, to determine that the provisions
of this article 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 conviction.
Any license issued under this article may be
suspended or revoked for any violation of this article or for any
conviction of any licensee or any stockholder holding 5% or more of
the stock of any corporate licensee, or director or officer thereof,
of a crime involving moral turpitude, after due notice of the charges
and a hearing by the Council of the Borough of Totowa, at which the
licensee shall be afforded full opportunity to be heard.