[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 4-12-1983 as Ord. No. 83-21. 12-27-1983 by Ord. No. 83-53; 4-10-1984 by Ord. No. 84-16; 11-13-1984 by Ord. No. 84-45; 5-14-1985 by Ord. No. 85-20; 9-22-1992 by Ord. No. 92-36; 12-18-2013 by Ord. No. 2013-35; amended in entirety 7-25-2017 by Ord. No. 2017-18. Subsequent amendments noted where applicable.]
Ord. No. 84-16, adopted 4-10-1984, amended the title of this Chapter 80A.
Ord. No. 2023-35, adopted 12-20-2023, amended the title of this Chapter 80A.
Editor's Note: This ordinance also provided that "notwithstanding § 80A-6 (License fees) for the 1983 calendar year all payments will be 1/2 the regular fee required by § 80A-6A." Said ordinance also provided that it shall take effect 6-1-1983.
[Amended 12-12-2023 by Ord. No. 2023-35; 11-12-2025 by Ord. No. 2025-37]
As used in this chapter, the following terms shall have the meanings indicated:
CIRCUMSTANCE-DRIVEN GUEST
A guest who is utilizing a hotel, motel, or lodging house as temporary lodging due to home renovations, separation from a spouse, divorce, medical treatment, or similar circumstances or a guest who is utilizing a hotel, motel or lodging house as temporary lodging due to a disaster at their primary residence, including fire, flooding, infestation, collapse, mold, and other similar disasters that render their primary residence uninhabitable.
CORPORATE GUEST
A guest who is utilizing a hotel, motel, or lodging house as temporary lodging due to long-term work assignments or training.
CRITICAL CLASSIFICATIONS
A job classification related to housekeeping, food preparation or food service, front desk/front service and engineering at a hotel. Such classifications include but are not limited to room attendants, house persons, bell/door persons, front desk agents, engineers and maintenance employees, cooks, stewards, bartenders and servers.
CRITICAL EMPLOYEES
Employees who work in Critical Classifications.
DISQUALIFYING VIOLATION
A conviction or finding of liability for:
(1) 
A crime involving terrorism or moral turpitude, including, but not limited to, prostitution, human trafficking, drug crimes and child pornography.
(2) 
A violation of health and safety laws or codes, including, but not limited to, building safety, fire safety, and food hygiene laws which occurred within the past five years.
(3) 
A violation of labor laws or codes which occurred within the past three years.
(4) 
A willful violation of any of the provisions of Chapter 80A which occurred within the past five years.
GUEST
Any person who occupies a unit of dwelling space either as a temporary occupant or transient in an establishment holding itself out as serving transients or on a temporary or permanent basis in an establishment providing housekeeping or dining services on a regular basis to occupants.
HOTEL, MOTEL
Any building, including but not limited to any related structure, accessory building, and land appurtenant thereto, and part thereof, which contains 10 or more units or sleeping facilities for 25 or more persons, and is kept, used, maintained, advertised as, or held out to be, a place where sleeping or dwelling accommodations are available to transient or permanent guests. At least 85% of the hotel or motel units must be for transient guests. The terms "hotel," "motel" and "lodging house" shall be used interchangeably.
HOTEL OPERATOR
Any person, partnership, firm, association, corporation or limited-liability corporation in the business of owning or conducting a hotel, motel, inn, tourist home, or similar establishment where sleeping accommodations are furnished for pay to persons, regardless of whether such persons are tourists, transients or residents. This shall include an agent of the hotel owner, which operates the entirety of the hotel or motel.
HOTEL OWNER
The person or entity which has title to the premises which operates as a hotel or motel.
LICENSEE
The holder of the license to conduct such hotel or motel business.
MODIFIABLE MEDIA
Any media which has yet to be disseminated or which may be modified after dissemination, including but not limited to any type of digital advertising. By way of example, an ad in print newspaper that has already been printed is not modifiable, but a digital ad is. By way of further example, a hotel's web site, social media account webpage, booking site and the like are modifiable media.
PENDING EVICTION GUEST
A guest who the hotel, motel, or lodging house has a pending eviction proceeding against in the landlord/tenant section of the Superior Court of New Jersey.
PERSON
An individual, firm, partnership, corporation, limited-liability corporation or association of persons.
PREDECESSOR EMPLOYER
A hotel which employed critical employees to provide services at a hotel immediately prior to a successor employer.
SERVICE DISRUPTION
The occurrence of any of the following:
(1) 
The temporary or permanent closure of any advertised amenity for a period of 24 hours or more, including but not limited to, pool, spa, shuttle service or food and beverage service.
(2) 
Any uncontested or final determination by a local, State or Federal court or agency of health or safety violations, including, but not limited to, food safety, fire safety, building safety or the like.
(3) 
Any construction that creates unusual noise.
(4) 
Any strikes, lockouts, picketing or protest activity.
(5) 
Any infestation of hotel rooms by bed bugs, lice or other insects or vermin that are capable of spreading disease or being carried that has not been evaluated and/or in the process of being remedied by a licensed exterminator.
SUCCESSOR EMPLOYER
A new hotel that succeeds the predecessor employer in the provision of any similar services at a hotel.
TRANSIENT GUEST or TRANSIENT RENTAL
A stay or residence at a hotel or motel for a period lasting no more than 90 days.
No person shall engage in the business of conducting a hotel or motel without first obtaining a license therefor from the Town of Secaucus as hereinafter provided.
[Amended 12-12-2023 by Ord. No. 2023-35]
A. 
Each applicant for such license shall make a written application on a form supplied by the Construction Code Official setting forth or attaching the following to indicate that all license requirements stated below are met:
(1) 
The name, residence and postal address of the applicant.
(2) 
The exact location of the proposed licensed premises.
(3) 
A description of the buildings, structures and accommodations upon said lands.
(4) 
A statement of the number of housing or lodging units at said hotel or motel and the maximum number of persons that can be accommodated at any given time.
(5) 
A description of the automobile parking spaces and facilities.
(6) 
The name and address of the owner of said land and buildings.
(7) 
The name or names of the person or persons on the licensed premises upon whom process may be served.
(8) 
A detailed description of the register or system used for the registration of persons to whom accommodations are extended as required by § 80A-9.
(9) 
Whether any hotel operator, person, partner or stockholder of a partnership, firm, association, corporation or limited-liability corporation or any stockholder of a corporation holding 5% or more of the stock thereof or any director or officer thereof, has ever been liable for a disqualifying violation 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.
(10) 
A statement of the measures that will be taken to prevent criminal activity in the hotel including terroristic acts, prostitution, drug use or sale, theft, assault and battery and the like.
(11) 
A statement of the measures that will be utilized to avoid excessive noise, congestion and conditions that would necessitate the utilization of public resources and/or impede vehicular or pedestrian traffic, such as public intoxication, loitering, construction, repairs, strikes, pickets, or other activity.
(12) 
The names and residences of any hotel operator, person, partner or stockholder of a partnership, firm, association, corporation or limited-liability corporation, and the names and residences of all officers and the office held by each.
(13) 
A copy of the certificate of registration issued by the State of New Jersey pursuant to N.J.S.A. 55:13A-12 and N.J.A.C. 5:10-1.11.
(14) 
A statement of compliance with all relevant provisions of the New Jersey Uniform Fire Code, N.J.A.C. 5:70-1.1 et seq.
(15) 
A copy of hotel policy on fire safety in units, such as a safe operation guide for any cooking apparatus or a prohibited cooking apparatus list, and a statement as to how copies are provided to each guest or provided in each unit in the interest of fire safety.
B. 
Application change. Any change in the information set forth in the application during the term of the license shall be forthwith communicated by the licensee in writing to the Construction Code Official.
C. 
Renewal application. Each applicant for a renewal license shall make a written application each year on a form supplied by the Construction Code Official setting forth all of the information set forth in Subsection A and, in addition:
(1) 
A description of any disruptions that created noise, nuisance or impeded vehicular or pedestrian traffic outside of the hotel, such as public intoxication, loitering, construction/repairs, pickets or protest activity that required outreach to and/or involvement of police or on-site security. For each such incident, provide a detailed explanation, including the licensee's response and plan to prevent recurrence, if any.
(2) 
A description of any charges filed or convictions based on criminal activity at the hotel, including, but not limited to, terroristic acts, the use or sale of drugs, prostitution, assault or battery, and the like. For each such incident, provide a detailed explanation, including the licensee's response and plan to prevent recurrence.
(3) 
A list of any fire and alarm system calls and emergency service responses in the preceding year. If excessive or repetitive in nature, provide a detailed explanation including the licensee's response, actions taken and plan to prevent recurrence.
[Amended 12-12-2023 by Ord. No. 2023-35; 11-12-2025 by Ord. No. 2025-37]
All hotels and motels are subject to the following:
A. 
At least 85% of the hotel or motel units must be for transient guests. Transient guests cannot extend their stay longer than 90 days by moving into another unit within the same establishment. A permanent, on-site living arrangement for management personnel is excluded for nontransient rentals. Hotels and motels licensed for the year 2023 shall adhere to the limitation on nontransient rentals by December 31, 2024. This subsection shall apply immediately to hotels and motels newly licensed after the adoption of this ordinance on December 12, 2023.
(1) 
The following guest classifications shall be excluded when calculating the percentage of nontransient rentals:
(a) 
Corporate guests;
(b) 
Circumstance-driven guests; and
(c) 
Pending eviction guest.
(2) 
Corporate guests and circumstance-driven guests pursuant to Subsection A(1) of this section shall complete an attestation form, which shall be available from the Town Clerk, attesting to the fact that:
(a) 
The hotel, motel, or lodging house is not their primary residence;
(b) 
Their primary residence is the address listed on their registration card pursuant to this chapter;
(c) 
They fall into one of the guest categories listed in Subsection A(1) of this section; and
(d) 
Any school-age children staying with them during the duration of their stay will be enrolled in a school based on their primary residence and not the hotel's, motel's, or lodging house's address.
B. 
For hotel and motel units that install or want to permit the preparation, cooking or heating of food in a unit, mechanical ventilation sufficient to promptly remove cooking odors and vapor to the exterior of the premises without first circulating them within the interior habitable space of the unit are required. This subsection shall not apply to kitchen facilities in hotel and motel units previously permitted and legally operating prior to the adoption of this ordinance on December 12, 2023.
C. 
A hotel or motel, or any portion of such, shall not be used as an emergency shelter or homeless shelter unless authorized by the Town of Secaucus pursuant to a resolution in coordination with local and county offices of emergency management, health departments and law enforcement.
A. 
The Construction Code Official shall forward copies of all applications for initial and renewal licenses to the Health Officer and the Fire Inspector of the Town of Secaucus, each of whom, including the Construction Code Official, shall inspect the premises to determine whether or not the premises comply with applicable health, fire and construction code ordinances, regulations and statutes. If the premises do not comply with such regulations, said official shall notify immediately the Construction Code Official in a written report, or in the case where the Construction Code Official determines noncompliance with the applicable regulations, which the Construction Code Official shall attach to the application and forward to the applicant, notifying the applicant that his application is denied. The applicant may correct any deficient situation and request a reinspection for the purpose of securing a hotel-motel license. The Construction Code Official shall also forward a copy of the application to the Secaucus Police Department for investigation of the applicant. If the reports of the aforementioned Town officers/inspectors and Police Department indicate that the premises and applicant are satisfactory, the Construction Code Official shall certify the same and issue said license.
[Amended 12-12-2023 by Ord. No. 2023-35]
B. 
The Official shall consider the following in determining whether to grant an initial or renewal license:
(1) 
The applicant has demonstrated an ability to ensure the health and safety of customers, employees, residents and others who interact with the applicant's business.
(2) 
Applicant's employment practices reflect Secaucus' desire to promote good jobs and economic benefits for its residents and those who work within its boundaries.
(3) 
The applicant's business is not substantially disruptive to the peace, comfort or overall well-being of the surrounding community. Examples of disruptions include, but are not limited to, undue noise; congestion; obstruction of pedestrian or vehicular traffic; and circumstances unjustifiably conducive to public intoxication/loitering, crowds/noise and criminal activity.
(4) 
The applicant does not rent or offer to rent rooms for periods of less than 12 consecutive hours.
(5) 
The applicant's hospitality business is operated in such a manner that attracts and does not deter entities from seeking hospitality services in Secaucus and that promotes Secaucus' competitive advantage with respect to other, nearby hospitality markets.
(6) 
The applicant has not violated the provisions contained in this chapter, or the applicant has sufficiently remedied violation(s) and minimized the possibility of the recurrence of such violation(s) in a manner and to an extent that is satisfactory to the Construction Code Official.
[Amended 12-12-2023 by Ord. No. 2023-35]
(7) 
The requirements of N.J.S.A. 55:13A-1 et al and all local, State and Federal regulations are met.
(8) 
The applicant, hotel operator, person, partner or stockholder of a partnership, firm, association, corporation or limited-liability corporation does not have a disqualifying violation.
[Added 12-12-2023 by Ord. No. 2023-35]
(9) 
The applicant provided full information and not made any false statements in connection with an application for licensure under this chapter.
[Added 12-12-2023 by Ord. No. 2023-35]
[Amended 6-27-2023 by Ord. No. 2023-11]
A. 
The annual fee per calendar year for said license shall be as follows: each establishment of less than 100 units: $1,200; each establishment with more than 100 units: $1,500.
B. 
Initial licenses issued on or after July 1 of any calendar year shall be apportioned in that the fee shall be one-half the regular license fee as established in § 80A-6A hereof. No other apportionments shall be considered.
A. 
All licenses issued under the provisions of this chapter shall be for a term of one year commencing on January 1 and expiring on December 31 of the year of their issuance.
B. 
All licenses shall be prominently displayed on the licensed premises.
C. 
Every license issued under the authority of this chapter shall be for the calendar year or any part thereof in which the same is issued. Applications for renewal thereof shall be made to the office of the Construction Code Official before January 1 of the succeeding calendar year.
Each license shall be valid only to the hotel owner to whom it is issued and for the premises stated on the license. Each premises may have only one license holder. Only the license holder may employ critical employees. A license may be transferred to another hotel operator for the same premises stated on the license for a transfer fee of $25 provided the hotel operator comply with all provisions of this chapter and obtain a license from the Construction Code Official, which shall presume that any current certification issued remains valid.
A license may be transferred from a predecessor employer to a successor employer for the same premises stated on the license for a transfer fee of $25 provided the successor obtains a license, which shall presume that the certification issued by the Construction Code Official remains valid and, provided further, that the successor employer shall fill its job positions in Critical Classifications at the hotel by first hiring from the pool of critical employees who have been or who are being displaced by the departure or reduction-in-force of a predecessor employer at such hotel and shall offer such employees equal or better wages and benefits.
[Amended 11-12-2025 by Ord. No. 2025-37]
A. 
Irrespective of the number of units/rooms of a hotel, motel, rooming house or boarding house, each licensee shall at all times maintain on the licensed premises a register, either digital or written, consisting of consecutively numbered cards or consecutively numbered spaces in a numbered book or have a substantially similar registration system, which shall constitute the register of the licensed premises. The licensee shall make a good faith effort to preserve such register for three years upon the licensed premises. However, the licensee shall not be deemed to be in violation of the subsection if such register/records have been inadvertently destroyed; provided, however, that the licensee advises the Town each time, and within seven business days of such inadvertent destruction, of the extent of such loss.
B. 
No person, guest or occupant shall occupy and no licensee shall permit any person to occupy any housing or lodging unit on the licensed premises, unless each person, guest or occupant or the head of the party who is to occupy such housing unit shall first:
(1) 
Display to the licensee or to a duly authorized agent or employee of the licensee in charge of the register, written evidence of their identity and residence. Such written evidence shall include a valid driver's license, passport, Military ID and any other photo identification card issued by any Federal, State or local governmental agency.
(2) 
Document in the register immediately following the latest registration, in ink and in their own handwriting, their full and true name and address and the name and address of each person, guest or occupant or the head of the party to occupy the unit, or provide and acknowledge the information in a substantially similar manner and, in the case of the operator of the motor vehicle or a member of the party who has arrived at said hotel or motel in a motor vehicle, the State license or registration number of the motor vehicle conveying them to the licensed premises. If the registrant does not provide the information herein required as to the motor vehicle, it shall be the duty of the licensee or his duly authorized employee to write or input said information.
C. 
In addition to the foregoing information, the licensee shall cause to be written or recorded in the register, the number or name of the 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 person, guest or occupant or occupants of each housing or lodging unit quits and surrenders the same.
D. 
In addition to the foregoing information, the licensee shall maintain the in its registry the full true name and address of each critical employee.
E. 
Said register and information and any completed attestation forms described in§ 80A-4A(1) shall be kept and preserved by the licensee for three years and shall be available on request at any hour of the day or night to any police officer, fire official or inspector or construction official of the Town, subject to the hotel's right to demand an administrative or judicial subpoena in accordance with the law.
It shall be the duty of members of the Police Department, Fire Official or Inspector or Construction Official of the Town, 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 followed.
[Amended 12-12-2023 by Ord. No. 2023-35; 11-12-2025 by Ord. No. 2025-37]
A. 
The person, partnership, firm, association, corporation or limited-liability corporation receiving a license pursuant to this chapter shall comply with all conditions set forth. Noncompliance with the requirements of this chapter or with a license may subject the person, partnership, firm, association, corporation or limited-liability corporation receiving a license to suspension or revocation of the license and/or a penalty as specified in Subsection B.
B. 
Any person, partnership, firm, association, corporation or limited-liability corporation, by its officers, employers, agents or members who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days or both. The continuation of each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violations may be punished as provided for above for each separate offense.
A. 
Notifications. Upon the occurrence of a Service Disruption, Hotels shall have the affirmative obligation, within 24 hours, to notify guests and potential guests in all modifiable mediums in which the hotel advertises, solicits customers or through which customers can book or reserve rooms or services. Such notification shall be displayed prominently and unmistakably and must state the nature of the service disruption at the beginning of such communication in large font and distinct color.
B. 
Exceptions. No obligation to notify will apply if the service disruption is fully resolved within 24 hours.
C. 
For purposes of this section, the term guests shall also include a customer of the meeting, food or beverage facilities and services offered by a hotel.
[Amended 12-12-2023 by Ord. No. 2023-35]
Whenever an application for a license or renewal is denied, or a license is revoked or suspended pursuant to this chapter, the applicant or licensee may appeal such to the Town Administrator by filing a written notice of appeal with the Town Clerk within 10 days after receiving written notice of the denial, revocation or suspension. The Town Administrator shall thereafter hold a hearing within 20 days on the matter and may modify, affirm or reverse the decision. At the sole discretion of the Construction Code Official, the licensee may or may not be permitted to operate pending appeal and the final decision in the interest of health, safety and welfare.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.