[HISTORY: Adopted by the Town Board of the Town of Schodack
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-14-2017 by L.L. No. 2-2017]
It is the purpose and intent of this article 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.
A. As used in this article the following terms shall have the meanings
indicated.
HIGH MANAGERIAL AGENT
The same meaning as set forth in § 20.20 of the
Penal Law of the State of New York and, in addition, means a member
of a limited-liability company or any other agent in a position of
comparable authority with respect to the formulation of corporate
policy or the supervision in a managerial capacity of subordinate
employees.
HOTEL or MOTEL
Any tourist accommodation or housekeeping cottage and any
other inn, tourist home, trailer park, trailer camp, boardinghouse,
rooming house, halfway house, rehabilitation facility, prison transitional
facility, or any other structure, building or part of a building used
in the business of renting rooms, individual or several, or a similar
establishment where sleeping accommodations are furnished for pay
to guests, lodgers, tourists, transients or travelers, whether meals
are served therein, or not, to such guests, lodgers, tourists, transients
or travelers, intending to include but not be limited to all of those
facilities described in New York State General Business Law § 204.
INSPECTION AGENT
Includes the Schodack Code Enforcement Officer, or a representative
of the Police Department of the Town of Schodack.
LICENSE
A registered sex offender occupancy license issued under
this article.
LICENSED PREMISES
Includes the hotel or motel as defined above, together with
all other real property and improvements appurtenant thereto, owned
or leased by the licensee or one or more of its officers, directors,
shareholders, partners or other principals.
LICENSEE
The holder of the license to conduct such hotel or motel
business.
PERSON
Includes an individual, or any firm, partnership, corporation,
limited-liability company or association of persons or entity of any
kind.
REGISTER
The register required to be maintained under §
134-11 of this article and § 204 of the New York General Business Law.
REGISTERED SEX OFFENDER
A person who has been convicted of a violation of a sexual
offense, as defined by the New York State Penal Law or federal law,
and who has received a Level Two or Three designation as described
in Article 6-C of the New York State Correction Law, or under any
other state or federal law which would require that individual to
register as a sex offender under such respective state or federal
law.
B. Unless specifically defined above, all terms used in this article
shall be interpreted to give them the meanings they have in common
usage and to give this article its most reasonable application.
A. No person shall engage in the business of owning or operating a hotel
or motel as defined herein that accepts placements, referrals or payment
by or on behalf of any federal, state or local government or any subdivision
thereof, or from any not-for-profit group, association or entity of
any type or nature, on account of providing accommodations to one
or more registered sex offenders without first obtaining a license
therefor for each hotel or motel owned or operated by the said person
from the Town Clerk of the Town of Schodack as hereinafter provided.
B. In addition to all the other enforcement provisions in this article,
if it is determined by the inspection agent that the operation of
a hotel or motel requiring such a license is continuing in the Town
of Schodack without such license or if any such hotel or motel is
operated after the determination or revocation or expiration of such
license, the Town Board may direct Town Counsel to seek injunctive
relief in Supreme Court and secure an order directing that the operation
of such hotel or motel be immediately terminated pending whatever
further directions may be given by the Court issuing the injunction.
A. Each applicant for a license under this article shall make a written
application on a form supplied by the Town Clerk setting forth:
(1) The name, residence and postal address of the applicant and the name
under which the applicant intends to do business, if different.
(2) The exact location of the proposed licensed premises.
(3) A description of the buildings, structures and accommodations that
comprise the licensed premises.
(4) A statement of the number of lawful housing or lodging units at said
hotel or motel and the maximum number of persons that can lawfully
be accommodated in the licensed premises and each individual unit
thereof at any given time.
(5) The number and location of the automobile parking spaces and parking
facilities at the licensed premises.
(6) The name and address of the owner of the licensed premises.
(7) The name or names of the person or persons on the licensed premises
upon whom process may be served.
(8) A detailed description of the register or system used for the registration
of persons to whom accommodations are extended as required by the
General Business Law of the State of New York.
(9) Whether the applicant, or any partner of a partnership applicant, or any officer, director, high managerial agent or stockholder of a corporate applicant holding 5% or more of the stock thereof, or any member of a limited-liability company, or any principal of any other applicant that is not a natural person, has ever been convicted of any crime listed in §
134-5 of this article, and if so, the details thereof, including, with respect to each conviction, the name of the person convicted, the date thereof, the nature of the crime, the court in which the conviction was entered and the punishment imposed.
(10)
If applicable pursuant to §
134-5 of this article, a certified copy of a certificate of relief from disabilities or certificate of good conduct granted to the applicant pursuant to Article 23-A of the New York State Correction Law.
(11)
In the case of any applicant that is a corporation, limited-liability
company, partnership or other entity:
(a)
The place of incorporation or establishment of the applicant.
(b)
A copy of the applicant's certificate of incorporation,
limited liability organizational instruments, partnership agreement
or other organizational documentation.
(c)
Any fictitious or assumed name under which the applicant does
business.
(d)
The names and residences of all stockholders, partners, members
or other principals holding 5% or more of any stock or other interest
of the applicant.
(e)
The names and residences of all officers, directors and high
managerial agents of the corporation and the office held by each.
B. Any hotel or motel required to be licensed pursuant to this article which are in operation on the effective date of this article shall apply for a license hereunder within 30 days of such effective date. Such application shall include all information set forth in Subsection
A above.
C. The licensee shall notify the Town Clerk, in writing, of any change
in information provided by the licensee in the license application
during the term of the license within 10 business days of such change.
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 article
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. All licenses issued under the provisions of this article shall be
for a term of one year commencing on the date of their issuance, unless
sooner revoked pursuant to this article.
B. All licenses shall be prominently displayed in a conspicuous place
in the lobby or registration area of the licensed premises.
C. Licenses shall be in a form approved by the Town Board and will be
issued by the Town Clerk. The license shall be at least 11 inches
by 17 inches and will include the name of the licensed premises, the
words "HOTEL AND MOTEL REGISTERED SEX OFFENDER OCCUPANCY LICENSE"
and reference the New York State Registry. The Town Board may designate
the color of the license and may change such color from year to year.
Every license shall state that a printed copy of this article is available
for inspection by the public in such registration office.
D. A license may not be altered in any manner.
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 article.
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 article 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 Schodack, 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 article are followed.
A. There is hereby established in the Town of Schodack an occupancy
point system applicable to licensed premises based upon and equal
to the risk level designation assigned to a sex offender by the sentencing
court pursuant to New York State Correction Law § 168-n.
For the purposes of this article, a Level Two sex offender is hereby
assigned two occupancy points and a Level Three sex offender is hereby
assigned three occupancy points.
B. Hotels, motels and other licensed premises as defined in this article
with 50 or fewer units are granted a total of six occupancy points.
Hotels, motels and other licensed premises as defined in this article
with 51 or more units are granted a total of nine occupancy points.
C. Hotels, motels or other licensed premises as defined in this article
may provide accommodations to registered sex offenders up to the maximum
allowable occupancy points per day.
It shall be a violation of this article to knowingly provide
accommodations to persons who are registered sex offenders in any
hotel or motel or other licensed premises in the Town of Schodack
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.
A. Any license issued under this article shall be revoked by the Town
Clerk for any of the following causes, provided that the licensee
shall be afforded a hearing before the Town Board or its designee
and notice of such hearing prior to the revocation:
(1) The violation by the licensee, or any officer, director, member,
partner, five-percent-or-greater shareholder, high managerial agent
or other principal of the licensee, of any provision of this article
or § 204 of the General Business Law of the State of New
York.
(2) Upon the recommendation of the inspection agent or his or her designee
for the failure to cure any violation of any applicable health, fire,
safety, construction or zoning ordinance, law, regulation or statute
within the time provided in the Schodack Town Code or other applicable
code after notification to the licensee of such violation.
(3) Upon the recommendation of the inspection agent or his or her designee
for knowingly permitting the licensed premises to be used, alone or
in association with others, for acts constituting violation of Articles
220, 225 or 230 of the Penal Law of the State of New York or failure
to make reasonable effort to abate such use by ejecting such occupants
or other persons on or about the licensed premises, notifying law
enforcement authorities or other legal means.
(4) False statements made in an application for a license.
B. Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of the hearing. Such notice shall be given personally
or mailed by first-class mail, postage prepaid, to the licensee at
the address provided in the application for the license at least five
days prior to the date set for such hearing.
C. Such license may, pending revocation proceedings, be suspended by
the Town Clerk if, in the opinion of the inspection agent or his or
her designee, the nature of the violation of this article by the licensee
is such that operation of the hotel or motel may be detrimental to
the health, safety and welfare of guests of said hotel or motel or
the inhabitants of the Town. In the event of any such suspension,
the licensee shall be entitled to a hearing before the Town Board
within 20 days after the suspension.
A. Any person, including but not limited to any licensee or person acting
on behalf of a licensee, who violates any provision of this article
shall, upon conviction thereof, be punished as follows:
(1) Upon a first conviction: by a fine not less than $50 and not more
than $250 or by imprisonment for a period not to exceed seven days,
or by both such fine and imprisonment.
(2) Upon a second conviction: by a fine not less than $100 and not more
than $500 or by imprisonment for a period not to exceed 10 days, or
by both such fine and imprisonment.
(3) Upon a third or subsequent conviction: by a fine not less than $500
or by imprisonment for a period not to exceed 15 days, or by both
such fine and imprisonment.
(4) Notwithstanding a conviction for an offense against any provisions
or sections hereof, a person, association or corporation convicted
shall be subject to the immediate revocation of any license herein
granted without reimbursement of fees paid therefor.
(5) Any penalties provided for in the Schodack Town Code.
B. The continuation of a violation on each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violations may be punished as provided for
above for each separate offense.
C. An action or proceeding in the name of the Town of Schodack may be
commenced in any court of competent jurisdiction to compel compliance
with or restrain by injunction the provisions of this article.
This article 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 article. 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 article 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 article.
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.
If any clause, sentence, paragraph, section, article or part
of this article shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, section, article or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
This article shall take effect on January 1, 2018.