[HISTORY: Adopted by Mayor and Council of the Borough of Atlantic Highlands as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-10-2012 by Ord. No. 11-2012]
Editor's Note: This ordinance also repealed former Art. I, Food Establishments, adopted 7-14-1931 by Ord. No. 238, as amended.
License required. It shall be unlawful for any person or body corporate to conduct any commercial, retail or mercantile establishment without first having procured a license from the Clerk of the municipality or from such other municipal official as is designated by the Clerk.
Prior to the issuance of any license under this article, the applicant shall be required to pay an annual license fee as provided in Chapter 168, Article II, to cover costs incurred by the Borough in the issuance of the license and any inspections incidental thereto. No fee shall be charged to a nonprofit organization which shall make an application for a license under this article, provided that an appropriate person or officer of the organization shall file with the Municipal Clerk a statement, signed under oath, indicating that the organization applying for said license is, in fact, a duly qualified nonprofit organization under the laws of the State of New Jersey.
Interstate commerce not affected. No provision of this article shall be applied so as to impose any unlawful burden on either interstate commerce or any activity of the Borough, County of Monmouth, State of New Jersey, or the federal government.
No mercantile license will be issued to any retail food establishment as defined in and governed by N.J.A.C. 8:24-1.1 et seq. (Sanitation in Retail Food Establishments and Food and Beverage Vending Machines) without first having procured a license from the local Board of Health or without complying with any or all of the provisions concerning operation and maintenance of the same as contained in the aforementioned N.J.A.C. 8:24-1.1 et seq. (Sanitation in Retail Food Establishments and Food and Beverage Vending Machines).
[Adopted 7-27-2011 by Ord. No. 11-2011]
As used in this article, the following terms shall have the meanings indicated:
- BED-AND-BREAKFAST ESTABLISHMENT
- Shall also meet the definitions and standards established by any applicable federal, state or local building, fire, health, or safety code. Bed-and-breakfast establishments shall not include establishments providing accommodations that are classified as "R-3 Bed-and-Breakfast Home Stay" or providing long-term accommodations such as a rooming house or boardinghouse as defined by N.J.S.A. 55:13B-3.
- COMPLIANCE CODES
- All applicable federal, state and local codes regulating bed-and-breakfast establishments including, but not limited to, building, fire, health and safety codes.
- The title owner of record to property on which a bed-and-breakfast establishment is proposed to be conducted.
- Any individual, firm, partnership, corporation, limited liability company, voluntary association, incorporated association and any principal or agent thereof.
It shall be unlawful for any person to operate a bed-and-breakfast establishment within the Borough of Atlantic Highlands without first obtaining a license.
Application for license. Any person desiring a license to operate a bed-and-breakfast establishment must be the owner of the property on which said establishment is to be located and shall file with the Municipal Clerk an application containing the following information:
Name of applicant.
The address of the premises desired for use as a bed-and-breakfast establishment.
Statement of compliance with owner occupancy requirements.
Information relating to proposed business operations. The applicant shall also provide the following information with the license application: including number of employees, maximum number of occupants, meals to be provided, amenities to be provided and hours of operation.
Following the filing of the application, the Code Enforcement Officer shall conduct an inspection of the property and shall issue an approval or rejection of the application. Upon payment of the prescribed fee, the license herewith shall be issued by the Municipal Clerk. The license shall not be transferable from the person to whom issued to any other person. In the event of a change of the owner/operator, of a bed-and-breakfast establishment, a new license shall be applied for and obtained before the new owner/operator may conduct business on the premises.
The guest register shall be available for inspection by authorized Borough officials at all times, only for the enforcement of compliance with federal, state and local laws.
All licenses shall be issued on forms prepared and approved by the municipality. The license shall be posted in a conspicuous location on the business premises and shall be produced at the request of any official of the Borough.
The license fee shall be as provided in Chapter 168, Article II, and shall be valid for one year from the date of issue. It shall be the licensee's responsibility to renew the license on a timely basis. Any license not renewed within 30 days after expiration will be deemed lapsed and a new application will be required along with the application fee as provided in Chapter 168, Article II, and the satisfaction of all requirements to obtain a license.
Any license issued hereunder may be suspended or revoked by the Mayor and Council of the Borough of Atlantic Highlands upon conviction for violation of the terms of the license or of any Borough ordinance, state or federal statute or regulation including, but not limited to, violations of compliance codes, misrepresentation or falsification in applying for a license. After a written complaint is filed with the appropriate agency, and upon the determinations thereof, the Mayor and Council must, within 45 days, schedule a hearing and may or may not at that time proceed with an action to revoke or suspend the license.
Temporary suspension. If the violation concerns the health, safety and welfare of the Borough or the guests of the established bed-and-breakfast, a temporary suspension may be issued by the hand delivering of such notice of suspension and by mailing a notice, by certified mail, to the owner, at the address appearing on the application. The temporary suspension notice shall state at a time certain, within 10 days from the date of notice, that the opportunity for a hearing will be given before the Borough Administrator, Municipal Clerk and Code Enforcement Officer, who may continue the suspension of the license until such time, as previously stated, in which the governing body has to convene.
In the event of the failure of a licensee to appear at any of the above-mentioned hearings, the license shall automatically be revoked and the establishment closed.
Prior to the issuance of any license or annually, prior to renewal, the premises shall be inspected by the appointed Code Enforcement Officer and Fire Marshal to confirm compliance with all federal, state and local regulations and other compliance codes. The license holder shall also permit inspection by an authorized Official of the Borough at any time to insure compliance with the terms of the license, upon 24 hours' notice or, in the case of an emergency, without notice.
The maximum penalty upon conviction by any person, firm, corporation or entity who shall violate any of the provisions of this article shall be by one or more of the following: imprisonment in the county jail or in a place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days; and each violation of any of the provisions of this article, and each day the same is violated shall be deemed and taken to be a separate and distinct offense.