[HISTORY: Adopted by the Town Board of the Town of Clifton
Park 9-11-2023 by L.L. No. 7-2023. Amendments noted where applicable.]
It is hereby the finding and determination of the Town Board
that the occupancy of hotels and motels within the Town shall remain
consistent with the Town's existing Zoning Code,[1] definitions, and site plan approvals for each such facility
currently operating within the Town.
Occupancy of any hotel, motel, or bed-and-breakfast by any individual
shall be limited to no more than 28 consecutive days unless such hotel,
motel or bed-and-breakfast has an attached restaurant, provided that
such occupancy shall be allowed for more than 28 days within an extended
stay unit which complies with all applicable New York State and Town
codes.
Occupancy of any hotel, motel, or bed-and-breakfast by any individual
shall be limited to no more than 60 days in any 180-day period, except
that such occupancy shall be allowed within an extended stay unit.
Re-registering any guest or any person sharing or staying in
the same room as a guest in the same or a different room in the same
hotel, motel, or bed-and-breakfast, or in a hotel, motel, or bed-and-breakfast
owned and operated by the same entity or an entity with any of the
same members having an interest of 5% or more shall be considered
a single occupancy for the purpose of these time limits.
The occupancy limitations set forth in this chapter shall not
apply if an individual provides photo identification as required by
this chapter that shows that the individual has a permanent place
of residence other than the hotel, motel, or bed-and-breakfast at
which the individual is registering. The owner or operator of any
hotel, motel, or bed-and-breakfast shall photocopy the identification
required by this chapter and shall keep such record for a minimum
of one year. This record must be available for inspection by the members
of the Town Building and Development Department, Code Enforcement,
or any of them or their designees, who shall have the authority to
inspect the records from time to time, without prior notice.
No person or entity owning, leasing, operating or managing any
hotel, motel, or bed-and-breakfast shall charge or accept money or
other consideration by an hourly rate or any increment less than one
full day's room rental.
In extraordinary circumstances, a person or entity owning, leasing,
operating or managing any hotel, motel, or bed-and-breakfast, together
with the occupant at issue, may apply to the Town Board in writing,
by submitting a written request to the Town Clerk for an extension
of the twenty-eight-day limitation period upon a showing by clear
and convincing proof that a time extension is required for unforeseen
reasons. The application must show not only that an extraordinary
circumstance exists by clear and convincing proof but also must show
all steps that have been taken to find the occupant suitable permanent
housing elsewhere.
Every hotel, motel, or bed-and breakfast shall require all adult
guests to produce government-issued photo identification at the front
desk upon arrival.
A.
Specific penalties.
(1)
Any licensee or person acting on behalf of a licensee who violates
any provision of this chapter shall, upon conviction thereof, be punished
as follows:
(a)
Upon a first conviction: by a civil penalty of not less than
$250 and not more than $500.
(b)
Upon a second conviction: by a civil penalty of not less than
$500 and not more than $1,000.
(c)
Upon a third or subsequent conviction: by a civil penalty of
not less than $1000 and not more than $1,500.
(d)
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 therefor.
(e)
Any penalties provided for in NYS Town Law § 135.
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 Clifton Park may
be commenced in any court of competent jurisdiction to compel compliance
with or restrain by injunction the provisions of this article.
D.
This chapter shall be enforced by the Director of Building and Development,
Building Inspectors and Code Enforcement Officers.
