[HISTORY: Adopted by the Town Board of the Town of Lake George
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-12-2010 by L.L. No. 2-2010]
It is the purpose and intent of this article to promote the
public health, safety and general welfare of the guests of hotels
and motels located within the Town and that of the general citizenry
of the Town.
A. As used in this article, the following terms shall have the meanings
indicated:
HIGH MANAGERIAL AGENT
The same meaning as set forth in § 20.20 of the
Penal Law of the State of New York and, in addition, means a member
of a limited-liability company or any other agent in a position of
comparable authority with respect to the formulation of corporate
policy or the supervision in a managerial capacity of subordinate
employees.
HOTEL or MOTEL
Any tourist accommodation as defined at §Â
175-7 of the Town of Lake George Zoning Ordinance and will be referred to herein as "hotel or motel" for
purposes of this article. Includes any other inn, tourist home, trailer
park, trailer camp, boarding house, rooming house, halfway house,
rehabilitation facility, prison transitional facility, or any other
structure, building or part of a building used in the business of
renting rooms, individual or several, or similar establishment where
sleeping accommodations are furnished for pay to guests, lodgers,
tourists, transients or travelers, whether meals are served therein
or not to such guests, lodgers, tourists, transients or travelers,
intending to include but not be limited to all of those facilities
described in § 204 of the General Business Law.
LICENSE
A registered sex offender occupancy license issued under
this article.
LICENSED PREMISES
Includes the hotel or motel as defined above, together with
all other real property and improvements appurtenant thereto owned
or leased by the licensee or one or more of his, her or its officers,
directors, shareholders, partners or other principals.
LICENSEE
The holder of the license to conduct such hotel or motel
business.
PERSON
Includes an individual or any firm, partnership, corporation,
limited-liability company or association of persons or entity of any
kind.
REGISTER
The register required to be maintained under §Â
90-11 of this article and § 204 of the New York General Business Law.
REGISTERED SEX OFFENDER
A person who has been convicted of a violation of a sexual
offense, as defined by the New York State Penal Law or federal law,
and who has received a level two or level three designation as described
in Article 6-C of the New York State Correction Law, or under any
other state or federal law which would require that individual to
register as a sex offender under such respective state or federal
law.
B. Unless specifically defined above, all terms used in this article
shall be interpreted to give them the meanings they have in common
usage and to give this article its most reasonable application.
A. No person shall engage in the business of owning or operating an establishment, as defined in §Â
90-2 (i.e., tourist accommodation or hotel and motel as defined in §Â
90-2), that accepts placements, referrals or payment by or on behalf of any federal, state or local government, or any subdivision thereof, or from any not-for-profit group, association or entity of any type or nature on account of providing accommodations to one or more registered sex offenders without first obtaining a license for each establishment owned or operated by said person from the Town Clerk of the Town of Lake George as hereinafter provided.
B. In addition to all the other enforcement provisions in this law,
if it is determined by the Town Board or the Zoning Officer that the
operation of a business requiring such a license is continuing in
the Town of Lake George without the application for such license,
or if any such business is operated after the determination or revocation
or expiration of such license, the Town Board may direct the Attorney
for the Town to seek injunctive relief in the Supreme Court and secure
an order directing that the operation of said business be immediately
terminated pending whatever further directions may be given by the
court issuing the injunction.
A. Each applicant for a license under this article shall make a written
application on a form supplied by the Town Clerk setting forth:
(1)Â The name, residence and postal address of the applicant and the name
under which the applicant intends to do business, if different.
(2)Â The exact location of the proposed licensed premises.
(3)Â A description of the buildings, structures and accommodations that
comprise the licensed premises.
(4)Â A statement of the number of lawful housing or lodging units at said
establishment and the maximum number of persons that can lawfully
be accommodated in the licensed premises and each individual unit
thereof at any given time.
(5)Â The number and location of the automobile parking spaces and parking
facilities at the licensed premises.
(6)Â The name and address of the owner of the licensed premises.
(7)Â The name or names of the person or persons on the licensed premises
upon whom process may be served.
(8)Â A detailed description of the register or system used for the registration
of persons to whom accommodations are extended as required by the
General Business Law of the State of New York.
(9) Whether the applicant, any partner of a partnership applicant, any officer, director, high managerial agent or stockholder of a corporate applicant holding 5% or more of the stock thereof, any member of a limited-liability company or any principal of any other applicant that is not a natural person has ever been convicted of any crime listed in §Â
90-5 of this article 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) If applicable, pursuant to §Â
90-5 of this article, a certified copy of a certificate of relief from disabilities or a certificate of good conduct granted to the applicant pursuant to Article 23-A of the New York Correction Law.
(11)Â In the case of any applicant that is a corporation, limited-liability
company, partnership or other entity:
(a)Â
The place of incorporation or establishment of the applicant.
(b)Â
A copy of the applicant's certificate of incorporation,
limited-liability organizational instruments, partnership agreement
or other organizational documentation.
(c)Â
Any fictitious or assumed name under which the applicant does
business.
(d)Â
The names and residences of all stockholders, partners, members
or other principals holding 5% or more of any stock or other interest
of the applicant.
(e)Â
The names and residences of all officers, directors and high
managerial agents of the corporation and the office held by each.
B. Any premises required to be licensed pursuant to this article in operation on the effective date of this article shall apply for a license hereunder within 30 days of such effective date. Such application shall include all information set forth in Subsection
A above.
C. The licensee shall notify the Town Clerk, in writing, of any change
in information provided by the licensee in the license application
during the term of the license within 10 business days of such change.
No such license shall be issued to any person who has been convicted
of any crime defined as a felony or a Class A misdemeanor under Articles
120, 125, 130, 135, 140 or 160 of the New York Penal Law, subject
in each case to the rehabilitation procedures under Article 23-A of
the New York Correction Law, nor shall any such license be issued
to any partnership in which any general partner shall have been convicted
or to any corporation or limited-liability company in which any stockholder
holding 5% or more of any of the stock thereof or any director, officer
or high managerial agent thereof, or any other applicant other than
a natural person, any owner or other principal of which shall have
been convicted of any crime defined as a felony or a Class A misdemeanor
under Articles 120, 125, 130, 135, 140 or 160 of the New York Penal
law, subject in each case to the rehabilitation procedures under Article
23-A of the New York Correction Law.
The Zoning Officer or his/her designee and a representative
of the Lake George Volunteer Fire Department shall inspect the premises
within 30 days of application to determine whether or not the licensed
premises and operation thereof comply with all applicable health,
fire, safety, construction and zoning ordinances, laws, regulations
and statutes. If the licensed, premises do not comply with such regulations,
the Zoning Officer or his/her designee and a representative of the
Lake George Volunteer Fire Department shall so notify the Town Clerk
within 10 days of such inspection, who shall notify the applicant
that the application is denied, setting forth the reasons for the
denial. The applicant shall have 30 days to correct any deficient
condition and request a reinspection for the purpose of securing a
license.
The annual fee per year for said license for any licensed premises
will be set by resolution of the Town Board and on file in the Clerk's
Office. The initial fee as set by the Board is $3,000. The fee is
due upon application and is nonrefundable even if a license is not
granted.
A. All licenses issued under the provisions of this article shall be
for a term of one year, commencing on the date of issuance, unless
sooner revoked pursuant to this article.
B. All licenses shall be prominently displayed in a conspicuous place
in the lobby or registration area of the licensed premises. The license
shall be denominated as the "registered sex offender occupancy license."
C. The license shall be in such form as is approved by the Town Board
and will include reference to the New York State registry.
D. A license may not be altered in any manner.
A license shall be valid only to the applicant to whom it is
issued and for the licensed premises stated on the license. No transfer
of any license issued hereunder shall be permitted. Any sale of all
or substantially all of the licensed premises or the assets thereof
or merger or other consolidation of or any transfer of more than 50%
in ownership or voting interest in any licensee that is a corporation,
partnership or other entity shall be deemed a transfer for purposes
of this article.
The Zoning Officer or his/her designee and a representative
of the Lake George Volunteer Fire Department shall have the authority
to inspect the public areas of the licensed premises from time to
time, at any hour of the day or night, without prior notice, to determine
that the provisions of this article are followed.
Any licensed premises as defined herein shall keep for a period
of three years a register which shall show the name, residence and
date of arrival and departure of all persons provided with sleeping
accommodations at the licensed premises. The said register must be
available for inspection by any representative of the Town of Lake
George, including but not limited to the Zoning Officer and a representative
of the Lake George Volunteer Fire Department, who shall have the authority
to inspect the register from time to time, at any time of the day
or night, without prior notice, to determine that the provisions of
this article are followed.
A. There is hereby established in the Town of Lake George an occupancy
point system applicable to licensed premises based upon and equal
to the risk level designation assigned to a sex offender by the sentencing
court pursuant to Correction Law § 168-n. For the purposes
of this article, a level two sex offender is hereby assigned two occupancy
points and a level three sex offender is hereby assigned three occupancy
points.
B. Hotels, motels and other licensed premises as defined in this article
are allowed a total of five occupancy points.
It shall be a violation of this article to knowingly provide
accommodations to persons who are registered sex offenders in any
hotel or motel or other licensed premises in the Town of Lake George
if the occupancy by such registered sex offender results in the hotel,
motel or other licensed premises exceeding the maximum number of assigned
occupancy points at any one time on any given day.
A. Any license issued under this article shall be revoked by the Town
of Lake George for any of the following causes, provided that said
licensee shall be afforded a hearing before the Town Board or its
designee and notice of such hearing be made prior to such a revocation:
(1)Â The violation by the licensee or any officer, director, member, partner,
five-percent-or-greater shareholder, high managerial agent or other
principal of the licensee of any provision of this article or § 204
of the General Business Law of the State of New York.
(2)Â Upon the recommendation of the Zoning Officer or his/her designee
or a representative of the Lake George Fire Department, for the failure
to cure any violation of any applicable health, fire, safety, construction
or zoning ordinance, law, regulation or statute within the time provided
in the Town of Lake George Zoning Ordinance other applicable code after notification to the licensee
of such violation by the Zoning Officer or his/her designee or Town
Constable, if there be one.
(3)Â Upon the recommendation of the Zoning Officer or his/her designee
or a representative of the Lake George Volunteer Fire Department,
for knowingly permitting the licensed premises to be used, alone or
in association with others, for acts constituting a violation of Articles
220, 225 or 230 of the Penal Law of the State of New York or for failing
to make a reasonable effort to abate such use by ejecting such occupants
or other persons on or about the licensed premises by notifying law
enforcement authorities or other legal means.
(4)Â False statements made in an application for a license.
B. Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of the complaint
and the time and place of the hearing. Such notice shall be given
personally or mailed by first class mail, postage prepaid, to the
licensee at his or her last known address at least five days prior
to the date set for such hearing.
C. Such license may, pending revocation proceedings, be suspended by
the Town Clerk if, in the opinion of the Zoning Officer or his/her
designee or a representative of the Lake George Volunteer Fire Department,
the nature of the violation of this article by the licensee is such
that operation of the hotel or motel may be detrimental to the health,
safety and welfare of guests of said hotel or motel or the inhabitants
of the Town. In the event of any such suspension, the licensee shall
be entitled to a hearing before the Town Board within 20 days after
the suspension.
Every licensee shall post in a public and conspicuous place
and manner in the registration office or lobby of the licensed premises
a notice that a printed copy of this article is available for inspection
by the public in such registration office.
A. Any licensee or person acting on behalf of a licensee who violates
any provision of this article shall, upon conviction thereof, be punished
as follows:
(1)Â Upon a first conviction, by a fine not less than $250 or by imprisonment
for a period not to exceed seven days, or by both such fine and imprisonment.
(2)Â Upon a second conviction, by a fine not less than $500 or by imprisonment
for a period not to exceed 10 days, or by both such fine and imprisonment.
(3)Â Upon a third or subsequent conviction, by a fine not less than $950
or by imprisonment for a period not to exceed 15 days, or by both
such fine and imprisonment.
(4)Â Notwithstanding a conviction for an offense against any provisions
or sections hereof, a person, association or corporation convicted
shall be subject to revocation of any license herein granted without
reimbursement of fees paid.
(5) Any penalties provided by the Town Zoning Ordinance §Â
175-97.
B. The continuation of a violation on 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.
C. An action or proceeding in the name of the Town of Lake George may
be commenced in any court of competent jurisdiction to compel compliance
with or restrain by injunction the provisions of this article.
Any hotel or motel or other premises required to be licensed
pursuant to this article in operation on the effective date of this
article shall have 30 days after the issuance of a license hereunder
to comply with the terms of this article.
This article shall be liberally construed so as to effectuate
the purposes described in this article. Nothing herein shall abridge
the powers and responsibilities of any police department or law enforcement
agency to enforce the provisions of this article. Nothing herein shall
be construed to abridge the emergency powers of any health department
or the right of such department to engage in any necessary or proper
activities.
If this article conflicts with any federal, state or local legislation,
then, in that instance, the more stringent law shall apply. A law
shall be determined to be more stringent if it limits the allowable
number of registered sex offenders that may reside at a hotel, motel
or other licensed premises at any one time to a lesser number of registered
sex offenders than allowed by this article.
The Town Clerk shall keep a record of all applications, the
determinations thereof and all licenses issued and their date of termination
and/or revocation and shall maintain a record for each license issued
of the reports of violation relative thereto.
If any clause, sentence, paragraph, section, article or part
of this article shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section, article or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.