[HISTORY: Adopted by the Borough Council of the Borough of Paramus 5-14-1969 by Ord. No. 608 (Ch. 8, Art. 3, of the 1969 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- BUSINESS OF CONDUCTING A TOURIST LODGE OR MOTEL OR HOTEL
- 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," "tourist camps" or "hotels," 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 a tourist lodge or motel or hotel.
No person shall engage in the business of conducting a tourist lodge or motel or hotel without first having applied for and obtained from the Borough a license therefor as hereinafter provided.
Each applicant for such license shall make a written application on a form supplied by the Borough Clerk, setting forth:
The full name, residence and post office address of the applicant.
The exact location of the proposed licensed premises, giving the street address, block and lot number as shown on the Tax Assessment Map of the Borough, and the exact dimensions of the lands upon which the business is to be conducted.
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.
A description of automobile parking spaces and facilities.
The name and address of the owner of said lands and buildings.
The name or names of the person or persons on the licensed premises upon whom process may be served.
A detailed description of the register or system used for the registration of persons to whom accommodations are extended.
Whether any person constituting the individual or partnership applicant or whether the corporate applicant or any stockholder holding 10% 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.
In the case of corporate applicants, the names and residents of all stockholders holding 10% or more of any stock of the corporation, the names and residences of all officers of the corporation and the office held by each.
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.
Each application shall be made in triplicate and shall be signed and sworn to by the applicant and presented to the Borough Clerk, together with a certified or bank check or cash in the amount of the hereinafter prescribed license fee.
The Borough Clerk shall forthwith forward said application to the Health Officer and to the Fire Chief, who shall inspect the premises to determine whether or not the premises comply with applicable health and fire ordinances and regulations. If the premises do not comply, said officials shall attach to the application a written list of recommendations and return the same to the Borough Clerk, who shall in turn forward said application to the applicant. If the premises do comply, said officials 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.
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 10% 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.
The annual fee for said license shall be and the same is hereby fixed and determined as follows:
No license fee shall be apportioned, regardless of the date of issuance.
Said license fee is hereby declared to be for the purpose of revenue.
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.
The application for a transfer of a license shall set forth the same matters and things as are required by this chapter to be set forth in connection with an original application for a license.
The application for a transfer shall be accompanied by the consent of the licensee and a transfer application fee equal to 10% of the annual license fee of the license sought to be transferred.
The Mayor and Council, with the consent of the licensee and upon payment of the transfer application fee, may transfer to such applicant any license issued under the terms and provisions of this chapter. Said transfer application fee shall be retained by the Mayor and Council, whether the transfer is granted or not.
Each licensee shall at all times cause to be maintained on the licensed premises a bound register, consisting of a permanent volume of consecutively numbered pages or a card register consisting of consecutively numbered cards. Each licensee shall submit to the Chief of Police of the Borough the bound register, where used, and the Chief of Police shall endorse the flyleaf thereof with the words "Official Register," followed by the name of the licensee, the date of endorsement and the signature of the Chief. In the event of the absence or disability of the Chief, the endorsement shall be made by the Acting Chief or by such other person as the Borough Council may hereafter direct. All registrations hereinafter required to be made shall be made in either the Official Register, where used, or in the card register as described above. All registers shall be preserved for not less than six years upon the licensed premises.
No person shall occupy and no licensee shall permit any person to occupy any housing or lodging unit on the licensed premises unless the head of the party who is to occupy such housing or lodging unit shall first:
Display to the licensee or to a duly authorized agent or employee of the licensee in charge of the register written evidence of his identity and residence; and
Write in the Official Register immediately following the latest registration or in the card register, in ink and in his own handwriting, his full and true name and address and the name and address of each person to occupy the unit and, in the case of the operator of the motor vehicle or a member of his party, the state license or registration number of the motor vehicle conveying him to the licensed premises. If the registrant does not write in the register the information herein required as to the motor vehicle, it shall be the duty of the licensee or his duly authorized employee to write in said information.
In addition to the foregoing information, the licensee shall cause to be written into the register, in ink, the number or name of the housing or lodging unit assigned to each registrant; the date and hour of registration; a brief description or designation of the identification displayed to the licensee by the registrant pursuant to Subsection B(1) of this section; the signature of the person taking or accepting the registration; and the date when the occupant or occupants of each housing or lodging unit quits and surrenders the same.
Said registers shall be kept and preserved by the licensee and shall be available on request at any hour of the day or night to any police officer of the Borough.
It shall be the duty of the members of the police force of the Borough to inspect the licensed premises from time to time, at any hour of the day or night, to determine that the provisions of this chapter 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 such conviction.
Any license issued under this chapter may be suspended or revoked by the Mayor and Council for:
Violation by the licensee of any of the provisions of this chapter or other applicable ordinances of the Borough.
Any disorderly or immoral conduct knowingly permitted by the licensee upon the licensed premises.
False statements made in an application for a license or transfer thereof.
Due notice of the charges and of the date fixed for the hearing hereof shall be given to the licensee to the end that he shall have the opportunity to be heard at said hearing prior to revocation or suspension of his license.
[Amended 11-24-1992 by Ord. No. 92-23; 3-14-2006 by Ord. No. 06-2]
Any person who violates any provision of this chapter shall, upon conviction, be subject to the penalties provided by § 1-15 of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.