It shall be unlawful for any person, partnership, firm, corporation
or entity to establish, operate, maintain, occupy, offer for occupation or
permit to be established, operated, maintained, occupied or offered for occupation,
upon any property owned or controlled or leased by such person, a motel, hotel,
rooming house, boardinghouse housing boarders, bed-and-breakfast and/or inn
without first having secured a license from the Township of Stillwater to
operate such establishment. Said license shall be for a period of no longer
than one year, commencing January 1 and terminating December 31 of said year,
and shall be renewable for additional periods of one calendar year. Such license(s)
shall not be transferable from one person, partnership, firm, corporation
or entity except as provided in this chapter.
In this chapter, the following terms shall have the following meanings:
BED-AND-BREAKFAST
A private single-family residence which provides overnight lodging
for transient guests and provides breakfast for registered guests in the forenoon
of each day where rooms are available for use for said purpose(s).
BOARDINGHOUSE
A dwelling unit or part thereof which contains two or more units
of dwelling space arranged or intended for single-room occupancy, wherein
personal or financial services are provided to the residents. "Financial services"
means any assistance permitted or required to be furnished by an owner or
operator to a resident in the management of personal financial matters, including
but not limited to cashing of checks, holding of personal funds for safekeeping
in any manner or assistance in the purchase of goods or services with a resident's
personal funds. "Personal services" means any services permitted or required
to be furnished by an owner or operator to a resident, other than shelter,
including but limited to meals or other food services and assistance in dressing,
bathing or attending to other personal needs.
HOTEL
A building which contains furnished living units for transient occupants
and in which no living unit contains more than two rooms, exclusive of bathroom,
foyer, closet or dressing area, terraces or balconies, and providing, among
other things, such services and features as a lobby, mail and valet services,
linens, central dining rooms, lounges, concessions, room service, dispensary,
game and hobby rooms and public assembly areas, as well as other services
and features, including twenty-four-hour desk service.
INN
Essentially a hotel where at least two daily meals are regularly
served, alcohol may be purchased/consumed on site and there are living units
available as described under the definition of "hotel" above.
MOTEL
A building which contains living or sleeping accommodations for transient
occupancy and has individual entrances to each unit and provides some or all
of the amenities/services of a hotel.
ROOMING HOUSE
A boardinghouse wherein no personal or financial services are provided
to the residents.
TRANSIENT OCCUPANCY
Occupancy of any facility required to be licensed pursuant to the
terms of this chapter for a period not exceeding 30 consecutive calendar days.
Nothing herein shall prevent the permanent occupancy of the owner or
operator of the licensed premises, and, in the case of a hotel or motel having
in excess of 20 units, one additional room may be permanently occupied by
an employee of the licensed premises.
At least 60 calendar days prior to the expiration of the existing license
(and no later than October 31), any applicants shall make an application to
the Township, via the Township Clerk, upon forms issued by the Township or
its designee for the renewal of said license. This section shall apply to
any person required to have a license issued pursuant to this chapter.
Any license issued pursuant to this chapter shall be kept and displayed
in a conspicuous place upon the licensed premises at all times. The license
shall specify whether it is issued to the premises for operation as a hotel,
motel, rooming house, boardinghouse, bed-and-breakfast and/or inn and shall
state that the licensee shall at all times comply with all other applicable
ordinances and laws of the Township of Stillwater or State of New Jersey.
The holder of a license issued pursuant to this chapter shall be deemed
to have given the Township of Stillwater, through its officers, agents and
employees, access to the licensed premises to inspect the same at any time
during normal business hours, and it shall be unlawful to refuse such access
or impede, hinder or interfere with any official in the proper performance
of his duties.
Should the Township or any of its (or other applicable) enforcing officials
find that any licensed premises is being operated in violation of the provision
of this chapter or other Township ordinance or in violation of any regulation
or law of the State of New Jersey, such fact shall be reported to the Township
Committee immediately. The Township Committee shall thereupon fix a date for
a hearing on said matter and notify the owner or operator of the licensed
premises to appear and respond to the allegations concerning such violations.
If, after such a hearing, the Township Committee finds that there are violations,
the Township Committee may suspend such license until the violations have
been remedied or, where warranted, may revoke the license. The hearing on
any alleged violation shall be commenced within 20 calendar days from the
date that the complaint shall have been filed and shall be completed within
45 calendar days thereafter. Any action or decision made by the Township Committee
shall be set forth in a resolution which shall be adopted within 30 calendar
days from the date of the Township Committee's decision.
The Zoning Officer is designated as the principal officer charged with
the enforcement of this chapter. However, the Health Officer, Fire Inspector,
Construction Official and/or Chief of Police shall, within the respective
areas of their authority, take all steps necessary for the enforcement of
provisions of this chapter. Reference to the term "the enforcing official"
in this chapter shall apply to any of the officials specified herein.
Nothing contained herein shall prevent the Township of Stillwater or
the officers of the Township or any other law enforcement officer or other
applicable official from proceeding against a licensee who is in violation
of any of the provisions of this chapter by filing a summons in the Stillwater-Hampton
Municipal Court or from seeking injunctive relief, fines and penalties or
any other remedy provided by law.
Every licensed hotel, inn and/or motel shall comply with the following
regulations:
A. There shall be maintained at all times a complete register
of all rentals therein set forth and the true identification and correct dates
of occupancy of each person using any room in the licensed premises, which
register shall also set forth the license number of any vehicle owned or used
by any occupant and the state issuing said license;
B. There shall be no cooking in the rooms except where kitchenette
facilities have been approved by the appropriate municipal agency or agencies
for specific rooms and have been installed in full compliance with all applicable
codes;
C. No licensee shall knowingly rent any room on the licensed
premises to be used for any immoral or illegal purposes nor shall any licensee
allow or permit any immoral or illegal activities to continue on said licensed
premises after having knowledge thereof; and/or
D. All structures, buildings, dwellings, houses or parts
thereof used for the purposes herein regulated shall comply with the requirements
of state laws and regulations and with the requirements of this chapter or
any other applicable ordinance of the Township.
Every licensee shall report to the enforcing official or the Township
Clerk of the Township of Stillwater all cases of persons or animals that are
infected, or suspected of being infected, with any communicable disease in
or about the licensed premises, unless otherwise prohibited by law.
Any person, firm, partnership, corporation or entity violating any provisions of this chapter shall, upon conviction, be subject to the penalties set forth in Chapter
1, Article
III of the Code of the Township of Stillwater.
Any applicant or licensee violating any provision of this chapter shall, in addition to any penalty, reimburse the Township for extraordinary costs or expenses incurred by the Township resulting from such violation as provided in Chapter
248, Article
II of the Code of the Township of Stillwater.
This chapter is adopted pursuant to the authority set forth by law.