[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.]
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:
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.
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.
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.
Individuals occupying a dwelling unit or sleeping unit for
less than 30 continuous days.
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:
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.
