[Adopted 9-1-2010 by L.L. No. 3-2010]
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.
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 Articles
120, 125, 130, 135, 140 or 160 of the New York Penal Law, subject
in each case to the rehabilitation procedures under Article 23-A of
the New York Correction Law, nor shall any such 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 Articles 120, 125, 130, 135, 140 or 160 of the New York Penal
Law, subject in each case to the rehabilitation procedures under Article
23-A of the New York Correction Law.
The inspection agent or his or her designee 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 inspection agent or his or her designee 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 the license required by this chapter
shall be set by resolution of the Town Board and will be on file in
the Town Clerk's office. The fee is due upon application and
is nonrefundable.
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 inspection agent or his or her designee 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.
Any licensed premises shall keep for a period of three years
a register which shall show the name, residence, date of arrival and
departure of all persons provided with sleeping accommodations at
the licensed premises. The said register must be available for inspection
by any representative of the Town of Greenport, including but not
limited to, the inspection agent or his or her designee, who shall
have the authority to inspect the register 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.
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 Greenport
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 within a single twenty-four-hour period.
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 than allowed by this chapter.
The Town Clerk shall keep a record of all applications, the
determinations thereon and all licenses issued and their date of termination
and/or revocation and shall maintain a record for each license issued
and/or the reports of violation relative thereto.