Town of Grand Island, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Grand Island 7-19-1954 (Ch. 42 of the 1963 Code); amended in its entirety 10-15-2012 by L.L. No. 3-2012. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 125.
Parking — See Ch. 236.
Plumbing — See Ch. 246.
Subdivision of land — See Ch. 327.
Travel trailers — See Ch. 348.
Zoning — See Ch. 407.
This chapter shall be known as the "Tourist Home, Bed-and-Breakfast and Motel Ordinance of the Town of Grand Island."
It is the purpose of this chapter to promote the health, safety, morals and general welfare of the inhabitants of the Town of Grand Island by the efficient regulation of tourist homes, bed-and-breakfasts and motels.
[Amended 9-22-2015 by L.L. No. 9-2015]
As used in this chapter, the following terms shall have the meanings indicated:
BED-AND-BREAKFAST
An owner-occupied private single-family dwelling customarily used as a residence which regularly or seasonally offers overnight accommodations in not more than five bedrooms to not more than 10 tourists or transients, which includes one off-street parking space (not located in the required front yard) for each bedroom. See § 407-10.
TOURIST HOME
A structure typically used as a residence which provides overnight accommodations to tourists or transients, including non-owner-occupied rental of single-family or multifamily dwellings, for a period of less than 30 continuous days.
MOTEL
Any room or rooms with ready access by car, attached or detached from one another, which regularly or seasonally offer overnight accommodations to tourists or transients.
TOURISTS or TRANSIENTS
Individuals occupying a dwelling unit or sleeping unit for less than 30 continuous days.
UNIT
Any room or rooms containing living, sanitary and sleeping facilities, with or without cooking facilities, arranged for the use of one family.
No person, firm or corporation shall own or operate a tourist home, bed-and-breakfast or motel, as defined by this chapter, within the Town of Grand Island without obtaining a license therefor as hereinafter provided. No person, firm or corporation being the owner or lessee of any land within the Town of Grand Island shall permit the use of the said land for a tourist home, bed-and-breakfast or motel, unless a license therefor is obtained as hereinafter provided.
A. 
Application for license. The application for such license must be on the form required by the Town and shall demonstrate compliance with this chapter, Chapter 407, Zoning, and any other regulatory requirement. Such application shall, when presented to the Town Clerk, be immediately referred to the Code Enforcement Officer, whose duty it shall be to enforce the provisions of this chapter, subject to the approval of the Town Board of the Town of Grand Island, to approve or reject such application. Upon the approval of such application by the Code Enforcement Officer, the Town Clerk shall issue such license. The approval or rejection of such application by the Code Enforcement Officer shall be in writing, and the rejection thereof shall state briefly the reasons for such rejection. Any person deeming himself aggrieved by the action of the Code Enforcement Officer may, 30 days thereafter, apply to the Town Board of the Town of Grand Island for a review of such action. The Town Board may affirm or reverse or modify the determination of the Code Enforcement Officer and may direct the Town Clerk to issue or refuse to issue such license.
B. 
Fees. The applicant shall, at the time of such license, pay to the Town Clerk a fee in the amount set forth in the schedule of fees adopted by Town Board resolution and filed in the office of the Town Clerk.
C. 
Such license shall be effective from and after the date of issuance to and including the 31st day of December next succeeding the date of issuance.
D. 
Issuance of license. The Town Clerk, upon written application and upon receipt of the license fee hereinbefore provided for, may, with the written approval of the Code Enforcement Officer, issue a license to become effective from the date thereof and to continue in force for the term specified therein, but in no event longer than through the 31st day of December next succeeding, for the use of premises therein specified as a tourist home, bed-and-breakfast, or motel. Such license shall not be transferable nor assignable.
A. 
Location. Tourist homes, motels and bed-and-breakfasts shall be located only as permitted by applicable provisions of Chapter 407, Zoning, of the Town of Grand Island.
B. 
The owner or operator of each such tourist home, motel and bed and breakfast shall keep, and retain for a period of not less than 1 year, a permanent record in writing of all guests and occupants of such home, which record shall include the following:
(1) 
Name and address of each person.
(2) 
Date of arrival.
(3) 
Date of departure.
(4) 
With regard to each vehicle in which a guest or occupant arrives, the owner or operator shall record permanently the following:
(a) 
Name of owner of vehicle.
(b) 
State in which vehicle registered.
(c) 
Car license number and make of vehicle.
Enforcement of the applicable provisions of this chapter shall be the duty of the Code Enforcement Officer or other duly authorized law-enforcing officers. Such officials shall have the right to enter upon such premises at any time to insure compliance with these provisions.
If the Code Enforcement Officer or other duly authorized law enforcement official shall find that such motel, tourist home, or bed-and-breakfast is not being maintained in a clean and sanitary condition, or that such motel, tourist home, or bed-and-breakfast is not being conducted in accordance with the regulations applicable to it and the provisions of this chapter, he or she shall serve upon the holder of such license or the person in charge of such motel, tourist home, or bed-and-breakfast, an order in writing directing that the conditions therein specified be remedied within five days after the service of such order. If after the expiration of such period, such conditions remain unchanged, or are not corrected in accordance with the order of the Code Enforcement Officer or other duly authorized Town official, he or she shall serve a notice in writing upon such owner or operator, requiring the holder of such license to appear before the Town Board at a time to be specified in such notice, not less than 24 hours after such service, and show cause why such license should not be revoked. The Town Board may, after a hearing at which testimony is taken and witnesses heard, revoke such license if the conditions described in the original order have not been corrected in accordance with the terms of such order, or if the holder of such license has violated the regulations applicable to it, or has violated any of the provisions of this chapter, or for other sufficient cause. Upon the revocation of such license, the premises shall forthwith cease to be used for the purposes of a motel, tourist home, or bed-and-breakfast and all its functions as such shall cease.
Application for the renewal of any motel, tourist home, or bed-and-breakfast licenses issued pursuant to this chapter must be filed with the Town Clerk on or before the first day of December next preceding the expiration of said license. The application for renewal shall be in writing and signed by the applicant and shall contain the same information as required by § 351-5A of this chapter. Upon approval of said application for renewal by the Code Enforcement Officer and the Town Board, the Town Clerk shall issue a renewal license which shall become effective upon the expiration of the prior license, and continue in force for the term specified therein, but in no event longer than for a period of one year. Such renewal license shall not be transferred or assigned except upon approval of the Town Board. The applicant shall, at the time of the application for any such renewal license, pay to the Town Clerk the same fee provided in § 351-5B of this chapter for the issuance of licenses, unless changes in the facilities of the motel, tourist home, or bed-and-breakfast warrant a different charge.
Any person, firm or corporation who violates any provision of this chapter shall be guilty of an offense and subject to a fine of not more than $250, or to imprisonment for not more than 15 days, or both such fine and imprisonment; and in addition, any and all persons who violate any of the provisions of this chapter or who shall omit, neglect or refuse to do any act required by this chapter, shall severally, for each and every such violation and noncompliance respectively, forfeit and pay a penalty of $100. The imposition of all penalties for any violation of this chapter shall not excuse the violation or permit it to continue. The application of the above penalty or penalties or the prosecution of the violation of the provision of this chapter shall not be held to prevent the enforced removal of conditions prohibited by this chapter.
Nothing herein shall be construed to abrogate any of the provisions of Chapter 407, Zoning, Chapter 125, Construction Codes, Uniform, and Chapter 246, Plumbing, of the Town of Grand Island, or other applicable provisions of town, county or state law.