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Borough of East Rutherford, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of East Rutherford as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Violations and penalties — See Ch. 1, Art. III.
Alcoholic beverages — See Ch. 95.
Amusement machine licenses — See Ch. 97.
Dog licenses-- See Ch. 100, Art. I.
Moped and motorbike licenses-- See Ch. 109, Art. II.
Entertainment establishment licenses — See Ch. 141.
Nonlicense fees — See Ch. 149.
Filming — See Ch. 153.
Motor vehicle service station licenses — See Ch. 193.
Peddling and soliciting licenses — See Ch. 217.
Secondhand dealers' licenses — See Ch. 231.
Taxicab and limousine licenses — See Ch. 266.
Towers' license — See Ch. 274.
[Adopted 1-1-1982 as Sec. 4-1 of the 1982 Recodification]
Unless otherwise specified, every license issued pursuant to the Code of the Borough of East Rutherford shall expire on the last day of December in the year during which the license is issued.
A. 
Licenses issued pursuant to this article are not transferable from person to person. In the case of any food-vending machine, coin-operated amusement game or newspaper stand, unless otherwise specified, transfer of a license from machine to machine is permitted.
B. 
Not more than one machine shall be operated under one license. A licensed machine may be transferred from one location to another within the borough upon notification to the Borough Clerk to such effect reciting the new location at which the machine is to be maintained for operation.
Any license or permit issued under the provisions of this article or any other chapter of this Code or any ordinances of the Borough of East Rutherford may be revoked or suspended by the officer issuing such license after notice and hearing, for any of the following causes:
A. 
Fraud, misrepresentation or false statement contained in any application for a permit or license.
B. 
Fraud, misrepresentation or false statement in the conduct of any business or activity authorized by such license.
C. 
Any violation of this article.[1]
[1]
Editor's Note: For provisions on violations and penalties, see Ch. 1, General Provisions, Art. III, Violations and Penalties.
D. 
Conviction of any crime or misdemeanor involving moral turpitude.
E. 
Conducting any business or activity under any license or permit in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of the hearing for revocation or suspension of a license or permit shall be given in writing setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed to the licensee at his last known address at least five days prior to the date set for the hearing.
Any person aggrieved by the denial of any application for permit or license or a revocation or suspension of the same or the refusal to renew the same may appeal to the Borough Council by filing with the Borough Clerk, within 14 days after the aggrieved person has been notified of the action complained of, a written statement setting forth the grounds of the appeal. The Borough Council shall set a time and place for a hearing on such appeal, and notice shall be given to the appellant in the manner provided in § 181-4. The decision and order of the Borough Council on such appeal shall be final and conclusive.
Licenses issued under the rules and regulations of the Alcoholic Beverage Control Act[1] are hereby exempt from the provisions of this article to the extent the provisions of this article are inconsistent with the rules and regulations of the Alcoholic Beverage Commission.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
[Adopted 4-18-2000 by Ord. No. 2000-1]
This article is for the purpose of regulating and safeguarding the health, welfare and safety of the occupants of hotels and motels covered herein and is not for the purpose of generating revenue.
As used in this article, the following terms shall have the meanings indicated:
HOTEL or MOTEL
A facility offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms and recreational facilities. In addition, every building kept, used, maintained or advertised as or held out to be a place where sleeping accommodations are supplied for pay to transients.
A. 
No building or parts of any building shall be used as a hotel or motel prior to application for a license as such, to the Zoning Official and Construction Official of the municipality. The application shall be on a form adopted by the governing body and must be in writing setting forth the name of the applicant, his address, occupation, location of the building, number of rooms therein and the numbers of stories and height.
B. 
A fee of $100 shall be paid at the time of presentation of the application to the Municipal Officials.
C. 
A license shall be issued to only a person of good moral character and shall not be transferable. A license shall only be issued to a building meeting the requirements of this article and shall cease at any time such use is abandoned by the applicant or, in the discretion of the Zoning Official, deemed not in compliance with this article.
D. 
All licenses shall be signed by the Zoning Official of the municipality, and shall be posted in a prominent place in the building. Each license shall run from January 1 of each year and shall terminate on December 31 of the same year. Renewals of permits must be made as if the original permit is applied for.
A. 
Before any license is issued, the Zoning Official shall receive the written approval of the Fire Official and Construction Official.
B. 
No permit shall be issued for the use of any building as a hotel/motel unless the building complies with the permit requirements of N.J.S.A. 55:13A-1.
All license applicants must comply with all local, county and state requirements, all fire and police regulations, the requirements of the Building Code of the Borough of East Rutherford, and regulations prescribed by the statutes of the State of New Jersey.
A. 
Each licensee shall cause to be maintained, on the licensed premises, a complete register consisting of either consecutively numbered cards in which each card shall have the name and address of the premises printed at the top and shall contain the following information on each person using any room on the premises:
(1) 
The correct name and permanent address of the occupant.
(2) 
The actual hours of occupancy including check-in time, check-out time and room number.
(3) 
Identification of the vehicle by license or registration number, or designation of other means of arrival and departure from the hotel.
B. 
Each card shall be kept for a period of least five years and shall remain on the premises at least one year after the checkout date.
C. 
Each premises may also keep this form of record by any other means, provided that the criteria set forth herein are complied with, including any electronic means.
Hotels or motels may only be used for the purpose of transient occupants and may not be used or occupied under any permanent basis, and no such occupant shall be deemed a resident therein. No rental space therein shall be occupied by the same guest or guests for a consecutive period exceeding 60 days.
It shall be unlawful for any person to register in any hotel or motel in any other or different name or provide any false information required at the time of registration.
A. 
Licenses issued hereunder may be revoked by the Zoning Official of the Borough of Rutherford if it is found that the premises' owner or the agent, operator or employee of the licensee has violated any provisions of this article, or any other ordinance of the Borough of East Rutherford or statute of the State of New Jersey, in the conduct of its business for which the license is held.
B. 
Licenses shall not be revoked unless charges, in writing, shall first have been filed with the Municipal Clerk, setting forth the nature of the charges.
C. 
Upon filing of the charges, a hearing shall be scheduled and a notice of the hearing shall be provided to the licensee, setting forth the time and place of hearing as well as the charges levied against the licensee.
D. 
Notices.
(1) 
All notices shall be served at least five days prior to the date fixed for hearing.
(2) 
Manor of service:
(a) 
By personal delivery; or
(b) 
By certified and regular mail.
The authority and duty to carry out the provisions of this article shall vest in the Zoning Official of the Borough of East Rutherford.
A. 
Any person engaging in the business of a hotel or motel, as defined herein, without a license, or who shall violate any provisions of this article, shall, upon conviction before the Municipal Court of the Borough of East Rutherford, be subject to a fine not exceeding $1,000 or to imprisonment for a period not exceeding 90 days, or both. The amount of such fine and imprisonment, within the limitations aforesaid, shall be at the discretion of the Municipal Court Judge.
B. 
Any corporation which by its officers, agents or employees shall violate any provision of this article shall, upon conviction before the Municipal Court, be subject to a fine of not more than $1,000. The amount of such fine, within the limitations set forth herein, shall be determined at the discretion of the Municipal Court Judge.
C. 
The municipality shall be empowered in the name of the Mayor and Council to compel compliance with this article, or to prevent, enjoin or restrain the use of any premises where the uses are in violation of this article, by any action at law which the municipality deems necessary,
Any existing hotel or motel within the borders of East Rutherford shall have 60 days from the effective date of this article to make application to the Zoning Official for a permit. Thereafter, renewals are to be applied for on an annual basis. Permits for newly constructed hotels or motels shall be applied for prior to conducting any business as such.