[HISTORY: Adopted by the Annual Town Meeting of the Town
of Westwood 5-7-2012 by Art. 34. Amendments noted where applicable.]
HOTEL — Any building used for the feeding and
lodging of guests licensed or required to be licensed under the provisions
of MGL c. 140, § 6.
The person(s) or entity listed on the license and the owner
of the land and building where the facility is operated.
Any person residing in a rooming unit, including any person
listed on the register or rental agreement.
Shall refer to any hotel, lodging house or motel as defined
above.[1]
A house where lodgings are let to four or more persons not
within the second degree of kindred to the person conducting it, licensed
or required to be licensed under MGL c. 140, § 23.
Any building or portion thereof, other than a hotel or lodging
house, in which persons are lodged for hire with or without meals
and which is licensed or required to be licensed under the provisions
of MGL c. 140, § 32B, or is a private club.
The room or group of rooms let to an individual for use as
living and sleeping quarters.
The licensee shall be responsible for the proper supervision,
operation and maintenance of the lodging facility in accordance with
the requirements of this bylaw and all other pertinent state laws,
regulations and other Town bylaws. The appointment of an agent shall
in no way relieve the licensee from responsibility for full compliance
with all of the foregoing laws and regulations.
A.
If the licensee is unable to exercise proper supervision of the premises,
the licensee shall designate one or more agents to carry out all or
part of its responsibilities. The owner of any such lodging facility
having 12 or more units shall be required to have an agent present
on the premises at all times. Upon recommendation of the Chief of
Police, for reasons of public safety, the Board of Selectmen may require
the owner of a facility having fewer than 12 units to have an agent
present on premises at all times. Based on the qualifications of the
agent(s) designated and the extent of their responsibilities, the
Board of Selectmen may require more than one agent be provided. If,
for any reason, an agent ceases to exercise his or her responsibilities,
the licensee shall at once notify the Board of Selectmen and take
immediate steps to provide proper interim supervision and obtain a
suitable replacement.
B.
The agent(s) shall be available on a twenty-four-hour basis, and
the telephone number for the on-duty agent must be posted in a conspicuous
place inside each rooming unit or in a public area in the lodging
facility office. The licensee must provide to the Board of Selectmen
a list of all agents, including land line and cell phone contact information.
The Selectmen's Office will provide the contact information to
the Police, Fire, Health and Building Departments.
A.
The licensee of every lodging facility shall keep or cause to be
kept, in a permanent form, a register. Such register shall contain
the name and residence (or last residence for a person with no current
residence) of every person engaging or occupying a private room together
with a true and accurate record of the room assigned to such person
and the day and hour of check-in and checkout. The entry of the name(s)
of the person(s) engaging a room shall be made by said person(s).
Until the entry of such name(s) and the record of the room have been
made, no one shall be allowed to occupy any room.
B.
In addition, each licensee shall keep or cause to be kept a card
file or database containing current information on each lodger, including
full name, date and time of registration, room number, address, registration
number, state of registration and make of automobile. To ensure compliance
with this section, the licensee or agent will require proof of identification
of the lodger. Acceptable identification will include a government-issued
photo identification showing the true name and date of birth of the
holder. A photocopy of the identification will be maintained with
the register card. These cards should be kept for a minimum of one
year after departure of the lodger. The register and card file required
by this section shall be available for inspection at all times by
the Board of Selectmen, the Building Commissioner, the Health Director
or any of their agents or any officer of the Westwood Police Department.
No person renting a room shall give a wrong or false name or address or any fictitious information pertaining to his or her identity. No licensee or agent shall knowingly permit the entry of any wrong or false information into the records described in § 310-4. Any police officer taking cognizance of any such violation may request the offender to state his or her true name and address. Whoever, upon such a request, refuses to state his or her name or address, or states a false name or address, or a name or address which is not his or her name or address in ordinary use, may be arrested by a police officer without a warrant.
No licensee shall let a room to any person under the age of
18, knowing or having reason to believe him or her to be such.
All licensees and agents of each lodging facility shall complete
a one-time training conducted by the Westwood Police Department along
with representatives from the Town's Health, Building and Fire
Departments. This instructional program will cover the requirements
and expectations of the Town's lodging facility regulations and
any other laws or regulations as the participating Town officials
deem necessary for the safe and proper operation of the lodging facility.
Any newly designated licensee or agent shall be required to complete
the training program within 30 days of his or her designation. The
Westwood Police Department will submit a list of persons completing
the training program to the Board of Selectmen. Failure to comply
with the training requirement may result in revocation of the license
at the discretion of the Board of Selectmen.
The provisions of this chapter are severable, and if any of
its provisions shall be held unconstitutional or invalid by any court
of competent jurisdiction, the decision of said court shall not affect
any of the remaining provisions.
