[HISTORY: Adopted by the City Council of the City of Yonkers 6-23-2021 by L.L. No. 9-2021. Amendments noted where applicable.]
The City Council seeks to protect and promote the public health,
safety, and welfare of its residents by mandating that all hotels
in the City of Yonkers apply for and have a valid hotel license, complying
with the provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
The Director of the Office of Licensing, or their designee(s).
A facility offering transient lodging accommodations to the
general public. For the purposes of this chapter, transient lodging
accommodations includes motels.
No person, firm, corporation, or like entity shall occupy, operate,
use or maintain any building or portion thereof as a hotel, nor establish
a hotel in any building or portion thereof without first having been
issued a license by the Director pursuant to an application upon forms
provided by the Department.
A license to operate a hotel shall be issued by the Director
in accordance with and subject to the provisions prescribed by this
chapter.
An application for a hotel license shall be made in writing
on forms provided by the Director and shall include the following
information:
A.
General
information.
(1)
Name,
address, and telephone number of the applicant(s).
(2)
Location
of the establishment by street address, with telephone number.
(3)
Name
of the owner(s) of the property, address of the owner(s) and telephone
number(s).
(4)
If applicable,
information regarding whether alcohol will be served or made available
on the premises.
B.
Insurance.
(1)
A certificate
of insurance for commercial general liability insurance, including
personal injury liability insurance, in the amount of $1,000,000 per
occurrence and $2,000,000 aggregate.
(2)
Proof
of New York State statutory workers' compensation and employers' liability
insurance for all employees, or a waiver of same as permitted by law.
C.
Proof of
all other certifications, licenses or authorizations required under
New York State law.
D.
Any additional
information requested by the Director in order to review the application.
A.
The City
of Yonkers may revoke or suspend a hotel license upon:
(1)
Failure
to comply with any provisions provided in this chapter.
(2)
(3)
A summons
issued pursuant to Yonkers City Code issued by any City department
or agency.
(a)
Any
City department or agency that issues a summons under the City Code
shall notify the Director.
(4)
If it
is discovered that a misdemeanor or felony under the New York State
Penal Law occurred on the premises.
B.
The Director,
in his or her discretion, may set forth terms of the suspension, including,
but not limited to, the completion of a remedial plan and/or removal
of violations, and upon which will result in the removal of the suspension
if deemed satisfactory.
(1)
Failure
to comply with terms of the suspension, including any requirements
or conditions imposed by the Director in his or her discretion, may
result in revocation of the hotel license.
C.
A revocation
or suspension of a hotel license shall occur only after notice and
an opportunity for a hearing before an Administrative Law Judge. Such
notice and opportunity to be heard shall be served upon the license
holder by means of certified mail, return receipt requested. The notice
shall inform the license holder of their right to apply within 10
days of service of the notice for a hearing.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter or the application to any person or circumstance
be adjudged by any court of competent jurisdiction invalid or unconstitutional,
that order or judgment will not affect, impair or invalidate the remainder
thereof but will be confined in its operation to the clause, sentence,
paragraph, subdivision, section or part of this chapter, or its application
to the person or circumstance directly involved in the controversy
in which that order or judgment is rendered.
