[HISTORY: Adopted by the Town Board of the Town of Queensbury 4-19-2010 by L.L. No. 6-2010. Amendments noted where applicable.]
Zoning — See Ch. 179.
It is the purpose and intent of this chapter 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.
As used in this chapter, the following terms shall have the meanings indicated:
- HIGH MANAGERIAL AGENT
- The same meaning as set forth in New York State Penal Law § 20.20, 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 or housekeeping cottage as defined in the Zoning Ordinance of the Town of Queensbury, and any other inn, tourist home, trailer park, trailer camp, boardinghouse, 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 New York State General Business Law § 204.
- A registered sex offender occupancy license issued under this chapter.
- 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 its officers, directors, shareholders, partners or other principals.
- The holder of the license to conduct such hotel or motel business.
- Includes an individual, or any firm, partnership, corporation, limited-liability company or association of persons or entity of any kind.
- The register required to be maintained under § 44-11 of this chapter and New York State General Business Law § 204.
- 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 New York State Correction Law Article 6-C 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.
Unless specifically defined above, all terms used in this chapter shall be interpreted to give them the meanings they have in common usage and to give this chapter its most reasonable application.
No person shall engage in the business of owning or operating an establishment as defined in § 44-2, i.e., rooming house, tourist house, tourist accommodation or hotel and motel as defined in § 44-2 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 such person from the Town of Queensbury Town Clerk as hereinafter provided.
In addition to all the other enforcement provisions in this chapter, if it is determined by the Town Board or the Director of Building and Codes Enforcement that the operation of a hotel or motel requiring such a license is continuing in the Town of Queensbury without such license or if any such hotel or motel is operated after the determination or revocation or expiration of such license, the Town Board may direct Town Counsel to seek injunctive relief in Supreme Court and secure an order directing that the operation of such hotel or motel be immediately terminated pending whatever further directions may be given by the court issuing the injunction.
Each applicant for a license under this chapter shall make a written application on a form supplied by the Town Clerk setting forth:
The name, residence and postal address of the applicant and the name under which the applicant intends to do business, if different.
The exact location of the proposed licensed premises.
A description of the buildings, structures and accommodations that comprise the licensed premises.
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.
The number and location of the automobile parking spaces and parking facilities at the licensed premises.
The name and address of the owner of the licensed premises.
The name or names of the person or persons on the licensed premises upon whom process may be served.
A detailed description of the register or system used for the registration of persons to whom accommodations are extended as required by the New York State General Business Law.
Whether the applicant, or any partner of a partnership applicant, or any officer, director, high managerial agent or stockholder of a corporate applicant holding 5% or more of the stock thereof, or 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 § 44-5 of this chapter 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.
If applicable in accordance with § 44-5 of this chapter, a certified copy of a certificate of relief from disabilities or certificate of good conduct granted to the applicant in accordance with New York State Correction Law Article 23-A.
In the case of any applicant that is a corporation, limited-liability company, partnership or other entity:
The place of incorporation or establishment of applicant.
A copy of the applicant's certificate of incorporation, limited-liability organizational instruments, partnership agreement or other organizational documentation.
Any fictitious or assumed name under which the applicant does business.
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.
The names and residences of all officers, directors and high managerial agents of the corporation and the office held by each.
Any premises required to be licensed in accordance with this chapter which are in operation on the effective date of this chapter 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.
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 license shall be issued to any person who has been convicted of any crime defined as a felony or a Class A misdemeanor under New York State Penal Law Articles 120, 125, 130, 135, 140 or 160, subject in each case to the rehabilitation procedures under New York State Correction Law Article 23-A, nor shall any 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 New York State Penal Law Articles 120, 125, 130, 135, 140 or 160, subject in each case to the rehabilitation procedures under New York State Correction Law Article 23-A.
The Director of Building and Codes Enforcement (Director) or his or her designee and a representative of the Queensbury Fire Marshal 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 Director or designee and representative of the Queensbury Fire Marshal 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 a license for any licensed premises will be set by Town Board resolution and will be on file in the Town Clerk's office. The initial fee as set by the Town Board is $3,000. The fee is due upon application and is nonrefundable even if a license is not granted.
All licenses issued under the provisions of this chapter shall be for a term of one year commencing on the date of their issuance, unless sooner revoked in accordance with this chapter.
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."
Licenses shall be in a form approved by the Town Board and will be issued by the Town Clerk. The license shall be at least 11 inches by 17 inches and will include the name of the licensed premises, the words, "HOTEL AND MOTEL REGISTERED SEX OFFENDER OCCUPANCY LICENSE" and reference the NY State Registry. The Town Board may designate the color of the license and may change such color from year-to-year. Every licensee shall provide that a printed copy of this chapter is available for inspection by the public in such registration office.
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 of 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 chapter.
The Director of Building and Codes Enforcement or designee and a representative of the Queensbury Fire Marshal 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 chapter are followed.
Every licensed premises shall keep a register which shall show the name, residence, date of arrival and departure of all persons provided with sleeping accommodations at the licensed premises. Such register must be available for inspection by any representative of the Town of Queensbury, including, but not limited to, the Director of Building and Codes Enforcement, 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 chapter are followed. Such records shall be maintained by the licensed premises for a period of three years.
There is hereby established in the Town of Queensbury 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 in accordance with New York State Correction Law § 168-n. For the purposes of this chapter, a Level Two sex offender is hereby assigned two occupancy points and a Level Three sex offender is hereby assigned three occupancy points.
Hotels, motels and other licensed premises as defined in this chapter are granted a total of five occupancy points.
It shall be a violation of this chapter to knowingly provide accommodations to persons who are registered sex offenders in any hotel or motel or other licensed premises in the Town of Queensbury 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.
Any license issued under this chapter shall be revoked by the Town of Queensbury for any of the following causes, provided that the licensee is afforded a hearing before the Town Board or its designee, and notice of such hearing is made prior to such revocation:
The violation by the licensee or any officer, director, member, partner, 5% or greater shareholder, high managerial agent or other principal of the licensee of any provision of this chapter or New York State General Business Law § 204.
Upon the recommendation of the Director of Building and Codes Enforcement, the Town Zoning Administrator, or the Queensbury Fire Marshal 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 Queensbury Zoning Law or other applicable code after notification to the licensee of such violation.
Upon the recommendation of the Director of Building and Codes Enforcement, or designee, or representative of the Queensbury Fire Marshal, for knowingly permitting the licensed premises to be used, alone or in association with others, for acts constituting violation of New York State Penal Law Articles 220, 225 or 230 or failure to make reasonable effort to abate such use by ejecting such occupants or other persons on or about the licensed premises, notifying law enforcement authorities or other legal means.
False statements made in an application for a license.
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be given personally or mailed by first class mail, postage prepaid, to the licensee at the address provided in the application for license at least five days prior to the date set for such hearing.
Such license may, pending revocation proceedings, be suspended by the Town Clerk if, in the opinion of the Director of Building and Codes Enforcement or Queensbury Fire Marshal, the nature of the violation of this chapter by the licensee is such that operation of the hotel or motel may be detrimental to the health, safety and welfare of guests of such 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.
Any person, including but not limited to any licensee, who violates any provision of this chapter shall, upon conviction thereof, be punished as follows:
Upon a first conviction, by a fine not less than $250 or by imprisonment for a period not to exceed seven days, or both.
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.
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.
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.
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.
An action or proceeding in the name of the Town of Queensbury may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the provisions of this chapter.
Any hotel or motel or other premises required to be licensed in accordance with this chapter in operation on the effective date of this chapter shall have 30 days to obtain a license hereunder and to comply with the terms of this chapter.
This chapter shall be liberally construed so as to effectuate the purposes described herein. Nothing herein shall abridge the powers and responsibilities of any police department or law enforcement agency to enforce the provisions of this chapter. 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 chapter 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 allowed by this chapter.
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 chapter 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.