[HISTORY: Adopted by the Town Board of the Town of Wawarsing 11-3-2011 by L.L. No.
2-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 112.
It shall be unlawful, without obtaining a license from the Town
Clerk, for any person, firm of corporation, either as owner, tenant
or agent, to run, operate or maintain in the Town of Wawarsing a hotel,
motel, boardinghouse or bed-and-breakfast or any building or part
of a building used in the business of renting rooms or furnishing
meals with accommodations for more boarders or roomers than allowed
as of right in a single-family dwelling.
A.
All applications for licenses or renewals thereof shall be made in
writing, in duplicate, containing the information called for, on forms
furnished by the Town Building Inspector/Code Enforcement Officer,
and shall be sworn to by the applicant or his or its duly authorized
agent or representative. Notwithstanding the foregoing, the applicant
is specifically required to represent on the application the maximum
occupancy limits of each room or dwelling unit offered for public
occupancy.
B.
Petition for relief from license. Any person or corporation, either
as owner, tenant or agent, seeking to operate or maintain a facility
listed herein within the Town may submit a petition to the Town Board
requesting relief from the requirement to gain a license before allowing
occupancy of said facility. Such petition shall be subject to approval
by the Town Board, and no occupancy shall be allowed without a license
unless approval of the Town Board has been previously obtained.
(1)
The Town Board, in making a determination to grant relief to a person
or corporation acting as owner, tenant or agent, may consider, in
reaching a decision on such request, any item that the Town Board
deems appropriate, including, but not limited to, the following: whether
the occupant is a victim of displacement of his/her primary residence
due to fire, flood, or other catastrophe; whether the occupancy will
be temporary in nature; whether the occupant is acting in the capacity
of property manager of the facility; whether the occupant is an immediate
family member of the owner, tenant or agent in control of the facility,
etc. The Town Board may also consider such other terms and conditions
as the Town Board deems appropriate.
C.
Applications under this section are required for all facilities in
existence at or prior to the adoption of this chapter by the Town
Board, as well as all facilities hereinafter that seek to operate
after the adoption hereof.
No license shall be issued or renewed except after the application
has been investigated and the premises inspected by the Building Inspector/Code
Enforcement Officer and except where the applicant keeps and maintains,
and agrees during the term of the license to keep and maintain, in
the entrance hall, lobby or reception room, a bound register, with
pages numbered consecutively, in which shall be plainly written, in
the English language:
A.
The name of each guest spending the night or taking a room;
B.
The permanent residence of said guest;
C.
The hour of the day, month and year at which such guest arrived and
departed from the premises in question and the number of the room
assigned to such guest.
D.
The establishment shall obtain and retain proof of identification
of each guest.
No license shall be issued or renewed for a longer period than
one year and all licenses shall expire on December 31 of each year.
All applications, properly filled out, must be filed at least 30 days
before applicant intends to commence operations.
Fees for the issue of a license hereunder or subsequent renewals
thereof shall be as set forth from time to time by resolution of the
Town Board.
No license shall be issued except where the applicant has satisfied
the Building Inspector/Code Enforcement Officer, after inspection
by him, that toilet and sewerage facilities are adequate and proper
for taking care of the number of guests for which the applicant proposes
to take out a license, and that an adequate supply of potable and
wholesome drinking water is at all times available, and hot water
for bathing and dish washing; also that the building is structurally
safe and properly protected from fire, and that the rooms are adequate
as to size and ventilation.
A.
Any and all licenses or renewals thereof issued hereunder may be
revoked by resolution of the Town Board upon proof being made to its
satisfaction that any of the terms and conditions under which such
license is issued have been violated, or that any statements made
in the application are false. In case of revocation, no license fee
will be returned. Before the Town Board revokes any such license,
it will be required to give the licensee five days' notice of
a hearing, which notice may be served by mail on the licensee at the
address designated in the application upon which the license or renewal
was issued. Where a license has once been revoked, no further license
for the same premises shall be issued until the owner or owners of
said premises satisfy the Town Board that the cause of revocation
of said license has been removed and that said premises in the future
can and will be operated in compliance therewith.
B.
Any and all licenses or renewals thereof may also be revoked by the
Town Board upon proof being made to its satisfaction that the owner,
manager and/or agent of the hotel, motel, boardinghouse or bed-and-breakfast
has, with or without actual knowledge or intent, permitted the occupancy
of any building, room or part thereof by the same guest, customer,
invitee, or permittee for more than 30 consecutive days or 90 total
days in any individual calendar year, whichever occurs first, under
the same revocation proceedings as set forth previously in this section.
All licenses issued hereunder must be permanently displayed
under glass over the desk or table where the register is kept.
A.
Every violation of this chapter shall be punished by a fine of $200
for each offense. Each day that the premises are operated in violation
of this chapter constitutes a separate and distinct offense, requiring
the payment of a separate, additional fine.
B.
In addition to the penalty above provided, the Town Board also ordains
that a violation of this chapter shall constitute disorderly conduct
and that the person violating the same shall be a disorderly person.
The Town Board may also enforce obedience to this chapter and
restrain violations thereof by injunction and may proceed against
all violators hereof by any and every other means or method provided
by law, although not herein specifically referred to.
This chapter is enacted by authority of § 20, Subdivision
5, of the Municipal Home Rule Law and any other law referenced herein
as authority herefore.
As used in this chapter, the following terms shall have the
meanings indicated:
As otherwise defined and described in the Code of the Town
of Wawarsing.[1]
A guest or customer of a hotel, motel, boardinghouse or bed-and-breakfast,
the nature of which the term of stay is limited to no more than 30
consecutive days or 90 total days in any individual calendar year.
