[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[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Food Establishments, adopted 7-14-1931 by Ord. No. 238, as amended.
A.
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.
B.
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.
C.
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.
D.
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:
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.
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.
A.
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.
B.
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:
(1)
Name of applicant.
(2)
The address of the premises desired for use as a bed-and-breakfast
establishment.
(3)
Statement of compliance with owner occupancy requirements.
(4)
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.
A.
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.
B.
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.
A.
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.
B.
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.
