[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.
Multiple dwellings — See Ch.
161.
Property maintenance — See Ch.
185.
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.
A separate license shall be issued for each
manager or operator who is not the owner of premises licensed hereunder.
[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.