[HISTORY: Adopted by the Board of Trustees of the Village of Lynbrook as Ch. 14, Art. VII, of the 1967 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 81.
Electrical standards — See Ch. 112.
Fire prevention — See Ch. 126.
Licenses — See Ch. 153.
Multiple dwellings — See Ch. 161.
Plumbing — See Ch. 181.
Property maintenance — See Ch. 185.
Zoning — See Ch. 252.
As used in this chapter, the following terms shall have the meanings indicated:
BOARDINGHOUSE, LODGING HOUSE, ROOMING HOUSE, HOTEL OR MOTEL
A private housing accommodation or dwelling unit where the owner, principal tenant or occupant thereof is engaged in renting or hiring out rooms or space to persons not related by blood, marriage or adoption to such owner, principal tenant or occupant, for any part of a day or for a longer period.
[Amended 1-8-1973; 8-15-1977 by L.L. No. 13-1977]
PERSON
A human being more than 18 months of age.
[Amended 1-8-1973; 1-13-2014 by L.L. No. 4-2014]
It shall be unlawful for any person, either as owner, lessee or agent to maintain a lodging, boarding- or rooming house or hotel or motel in the Village without first obtaining an annual license therefor. Such license shall be referred to as a "room rental license."
No license shall be issued hereunder, and any license heretofore or hereafter issued shall be subject to revocation by the Board of Trustees, unless the applicant or holder of such license shall fully comply with the requirements set forth in this chapter.
Every applicant for a license shall file with the Village Clerk a statement signed and sworn to by the applicant, in person if an individual, by all partners if a partnership, or by the president and secretary if a corporation, showing the following:
A. 
Name and address of the applicant.
B. 
Location of the premises intended to be licensed.
C. 
The number of room or rooms intended to be used for the purposes set forth in this chapter.
D. 
Whether or not the applicant or, in the case of a corporation, whether any officer or director or any stockholder has ever been convicted of a crime or violation of any ordinance of the Village and, if so, the nature of such offense and the penalty assessed therefor.
E. 
In the event that the applicant acts as an agent, sufficient and satisfactory credentials from his principal to act as such agent.
F. 
References or letters of recommendation by at least three reputable business men or property owners of the Village which will establish, to the satisfaction of the Mayor, the good character and business responsibility of the applicant.
G. 
Fingerprints of the applicant and of any manager of the premises to be licensed, to be obtained and cleared with the Police Department.
H. 
Any other information or data that may be required in the application by the Board of Trustees from time to time, as in its discretion, it may see fit to include therein.
[Added 9-16-2013 by L.L. No. 12-2013]
A. 
No license shall be issued to a person who has been convicted in the last five years of a felony or of any crime involving fraud or fraudulent practices or moral turpitude, including violations of Penal Law §§ 120.01 et seq. (assault), 120.50 (stalking), 135.05 and 135.10 (unlawful imprisonment); Penal Law Articles 125 (homicide), 155 (larceny), 160 (robbery), 178 (illegal possession of prescription medications), 220 (controlled substances), 235 (obscenity), 245 (exposure), 260 (child abandonment or nonsupport; child endangerment), 265 (possession of firearms), and/or 270 (violations against public safety).
B. 
The applicant may, upon obtaining a certificate of relief, be considered for issuance of a license, except for a conviction of Penal Law § 120.01 et seq. (assault), Penal Law Article 125 (homicide), or Penal Law Article 260 (conduct endangering a child), if there were no violations for any offenses defined in Subsection A above as a crime within the past five years preceding the date of the license application.
C. 
No license shall be issued to a person who has been convicted in the past five years of a violation of § 1192, Subdivisions 1, 2, 2-a, 3 or 4-a (DWI), or §  1212 (reckless driving) of the Vehicle and Traffic Law.
D. 
A license shall not be issued to a person who has been convicted of Penal Law Articles 130 (sex offenses), 135 (kidnapping), 230 (prostitution), 263 (sexual performance by a child), and/or § 120.70 (luring a child).
In addition to the information set forth in § 78-4, the following information must be given in an application for license hereunder:
A. 
The location and size of the room offered for rent, together with the number to be assigned to said room.
B. 
The proposed number of occupants for each room, together with the number assigned to each room.
C. 
The number and location of bathroom and toilet facilities in said premises.
[Amended 7-25-2005 by L.L. No. 5-2005]
There shall be separate annual fees for premises licensed hereunder in such amounts as determined by the Board of Trustees by resolution for the following:
A. 
When not more than two rooms are offered for rent or for hire to not more than four people and the premises are owner-occupied.
B. 
When more than two rooms are offered for rent or for hire and the premises are owner-occupied.
C. 
When the premises are not owner-occupied.
D. 
For each manager or operator who is not the owner of the licensed premises.
When an applicant for a license has not engaged in the business or occupation until after the expiration of more than six months of the current license year, the license fee for the remaining period of the current license year shall be 1/2 the yearly fee, and said fee shall be paid for the remaining six months or fraction thereof during which the business has been, or will be, conducted. The foregoing provision for proration of fee shall apply to the fees prescribed in § 78-7C.
[Amended 1-8-1973]
In the event of a sale or transfer of licensed premises used as a lodging, boarding- or rooming house or hotel or motel, the new owner or transferee, upon filing a new application as set forth in this chapter, shall be issued a license for the unexpired term of the existing license upon the payment of a fee of $5 to the Village Clerk.
[Amended 1-13-2014 by L.L. No. 4-2014; 10-17-2016 by L.L. No. 8-2016]
A. 
Any room rental license issued under this chapter can be revoked at any time by the Village Board after a hearing open to the public for the violation of this chapter upon two weeks' written notice to the licensee, to be sent to the address shown upon the application at the time that the license is issued. Said hearing shall be conducted before a panel consisting of three Trustees appointed by the Mayor. The notice provided to the licensee shall state the issues to be heard and the fact that the license may be revoked. The licensee may be represented by counsel. The panel shall not be bound by the formal rules of evidence; however, all exhibits must be marked and made a part of the record.
B. 
The determination by the panel to revoke a license may be appealed to the Lynbrook Board of Zoning Appeals within 30 days after the date that the written notice of revocation is served by certificated mail and regular first-class mail to the licensee and the attorney, if any, who represented the licensee at the hearing.
[Amended 1-13-2014 by L.L. No. 4-2014]
A. 
Each premises licensed hereunder shall have present upon same the owner or a duly licensed manager or operator who shall be in charge of the licensed premises.
B. 
Each premises shall be maintained and supervised so as to provide compliance with the following minimum standards for guests' conduct:
(1) 
A guest must not interfere with the privacy or comfort of other guests.
(2) 
A guest must not engage in drug dealing or on-premises sale or use of any controlled substance as that term is defined in the New York State Penal Law.
(3) 
Guests must not engage in any unlawful conduct involving weapons or ammunition.
(4) 
A guest may not use the rented premises for any unlawful purpose.
(5) 
The guest may not employ any form of space heater in the rental rooms including portable electric or petroleum/gas-fired heaters or portable cooking equipment.
(6) 
A guest shall not cause a blockage of any common area including corridors and/or stairways.
(7) 
A guest may not bring an animal, other than a seeing-eye dog, onto the premises.
C. 
The owner and manager are responsible for such conduct of the guests on the premises. Any unlawful conduct by a guest must be reported to the police.
D. 
Three or more violations of the standards of conduct set forth in Subsection B above in any three-month period shall be presumptive evidence of a failure to supervise by the owner and manager and shall constitute grounds for revocation of the annual license issued under § 78-2 herein by the Board of Trustees after a hearing on notice.
Premises licensed hereunder shall be inspected by the Police Department, Fire Department, Building Department or any other duly licensed agent of the Village at any reasonable time, and failure to permit such inspection to be made by the municipality shall be grounds for revocation of the license for said premises.
In addition to filing the application as required in this chapter, the Mayor or the Board of Trustees shall cause inquiry to be made by the Building Superintendent or any other duly designated agent as to the physical characteristics and appurtenances of the building for which such license is sought. If such inspection discloses that the licensed premises are inadequate under this chapter or are of such nature as to be detrimental to the health, safety or general welfare of the occupants thereof or of the community at large, the license shall not be granted or, if granted, shall be revoked. Inspection of licensed premises may be made at any time, and failure to permit such inspection shall cause such license to be revoked.
[Amended 1-8-1973; 8-15-1977 by L.L. No. 13-1977]
Each of the premises for which a license hereunder is to be issued must comply with the following requirements:
A. 
Heating. All licensed premises shall be heated by a central heating plant.
B. 
Appliances. No appliances for heating, cooking or storing food in a lodging, boardinghouse, rooming house, hotel or motel shall be installed, maintained, used or stored, or be permitted to be installed, maintained, used or stored, by the owner, tenant, guest, invitee, licensee or other occupant of any lodging, boardinghouse, rooming house, hotel or motel, except for that portion of the premises occupied by the owner or a kitchen designated by the owner for the use in common by boarders or lodgers.
C. 
Room numbers. All sleeping rooms rented or offered for rent shall be numbered with a raised figure not less than three inches in height placed on the outside of the door to each room, and no two rooms shall bear the same number.
D. 
Use of attic. No room shall be used or occupied in the attic of any dwelling or premises, except for storage.
E. 
Use of cellar or basement. No rooms shall be used or occupied or rented or offered for rent in any cellar or basement or in any floor below the street grade.
F. 
Toilet, bathroom facilities. Every boardinghouse, rooming house, lodging house, hotel or motel shall provide bathroom facilities for every three persons or portion thereof, including the landlord and his family, consisting of a toilet, wash basin and bathtub or shower. Such toilet and bathroom facilities may be contained in a single room, but such room may not be used for any other purpose.
No room other than those specified in the application and license issued hereunder shall be rented or offered for rent. In the event additional rooms shall become available for renting purposes during the license period, such rooms may not be rented or offered for rent unless prior application has been filed and a supplemental license granted and an additional fee paid therefor.
Each of the premises licensed under this chapter shall keep and maintain at all times upon such licensed premises a register showing the names of the occupants, dates of occupancy and the rooms occupied by all persons residing or living in and upon said premises. The same shall be open for inspection at all times to the Police Department, the Superintendent of Buildings or his employees or any other agent duly designated by the Village Board, and such inspection may be made upon demand. Failure to maintain, keep and exhibit such register shall be grounds for revocation of the license.