SENATE COMMITTEE SUBSTITUTE FOR
SENATE, No. 296
STATE OF NEW JERSEY
ADOPTED JUNE 3, 1996
Sponsored by Senator BENNETT
An Act concerning certain hotels, guest houses, rooming houses and boarding houses, and amending and supplementing P.L.1989, c.67.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1989, c.67 (C.40:55D-68.1) is amended to read as follows:
1. Any hotel[,] or guest house[, rooming house or boarding house] which is situated in any municipality which borders on the Atlantic ocean in a county of the fifth or sixth class shall be permitted to operate on a full-year basis notwithstanding section 55 of P.L.1975, c.291 (C.40:55D-68) or any municipal ordinance, resolution, seasonal license, or other municipal rule or regulation to the contrary if it is demonstrated by affidavit or certification that:
a. a certificate of inspection has been issued for the hotel or guest house under the provisions of P.L.1967, c.76 (C.55:13A-1 et seq.) [or, in the case of a rooming house or boarding house, that a license has been issued under P.L.1979, c.496 (C.55:13B-1 et al.)]; and
b. a hotel or guest house in the municipality which has obtained a certificate of inspection pursuant to P.L.1967, c.76 (C.55:13A-1 et seq.) [or rooming house or boarding house in the municipality which is licensed under P.L.1979, c.496 (C.55:13B-1 et al.)] is not prohibited from operating on a full-year basis on February 9, 1989 or on any other day following February 9, 1989.
(cf: P.L.1989, c.67, s.1)
2. Section 2 of P.L.1989, c.67 (C.40:55D-68.2) is amended to read as follows:
2. [The] Except as provided in section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), the owner of any hotel[,] or guest house[, rooming house or boarding house] who proposes to increase its operation to a full-year basis and who can demonstrate that a hotel[,] or guest house[, rooming house or boarding house] in the municipality is not prohibited from operating on a full-year basis as provided under section 1 of [this act] P.L.1989, c.67 (C.40:55D-68.1) shall file copies of that information with the [Commissioner of Community Affairs] zoning officer in the municipality in which the hotel or guest house is situated in accordance with the requirements set forth in section 1 of [this act] P.L.1989, c.67 (C.40:55D-68.1) and provide copies of that information to the [clerks of the municipality and county in which the hotel, guest house, rooming house or boarding house is situated] Commissioner of Community Affairs. The [commissioner] zoning officer shall review that information submitted by the hotel[,] or guest house[, rooming house or boarding house] owner and, within 30 days of receiving the information submitted, provide a determination of whether or not the hotel[,] or guest house[, rooming house or boarding house] meets the requirements of section 1 of [this act] P.L.1989, c.67 (C.40:55D-68.1). If the [commissioner] zoning officer does not provide a determination within the 30-day period, the hotel[,] or guest house[, rooming house or boarding house] owner may commence the operation of the hotel[,] or guest house[, rooming house or boarding house] on a full-year basis.
(cf: P.L.1989, c.67, s.2)
3. (New section) Except as provided in section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), any rooming house or boarding house which has operated on a full-year basis under the authorization provided pursuant to section 2 of P.L.1989, c.67 (C.40:55D-68.2) prior to the effective date of P.L. , c. (pending before the Legislature as this bill) may continue to operate on a full-year basis, notwithstanding the provisions of section 1 of P.L.1989, c.67 (C.40:55D-68.1).
4. A hotel or guest house which was determined by the Superior Court prior to June 30, 1996 to have been used as a rooming house or boarding house subsequent to the enactment of P.L.1989, c.67, in violation of a municipal ordinance, resolution, seasonal license or other municipal rule or regulation as determined by the Superior Court prior to June 30, 1996, shall not be subject to the provisions of P.L.1989, c.67 or the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), but shall comply with all municipal ordinances, resolutions, seasonal licenses and other municipal rules and regulations.
5. This act shall take effect immediately.
Removes authorization of certain rooming and boarding houses to operate on year-round basis.