This chapter shall be known as the "Village of Mt. Morris Hotel
and Motel Law."
The purpose of the Village of Mt. Morris Hotel and Motel Law
is to provide licensing requirements, to regulate the lengths of stays
and to provide general regulation for hotels and motels operating
in the Village of Mt. Morris, New York (the "Village").
The terms used in this chapter are hereby defined as follows:
BUSINESS OF CONDUCTING HOTELS
A.
The renting, leasing, maintaining, keeping, operating, conducting
or providing of overnight or temporary sleeping or housing accommodations
for a consideration, to tourists, transients, nontransients or travelers,
collectively "guests," in a single building or structure comprising
at least two floors devoted exclusively or primarily to said business,
commonly known as "hotels."
B.
Occupancy of a hotel unit by a nontransient guest may be for
periods in excess of 30 days.
BUSINESS OF CONDUCTING MOTELS
The renting, leasing, maintaining, keeping, operating, conducting
or providing of overnight or temporary sleeping or housing accommodations
for a consideration, to tourists, transients or travelers, collectively
"guests," in any building or structure or group of buildings or structures
comprising less than two floors devoted exclusively or primarily to
said business, commonly known as "motels," "tourist lodges," "tourist
cabins," "motor lodges," "motor courts," "tourist courts" or "tourist
camps," whether meals are served therein or not.
HOTEL
A building or part of a building, comprised of at least two
floors, containing no less than 30 or more guest rooms or suites ("guest
units") offering transient or nontransient residence for compensation.
Hotels may include a manager's unit and incidental amenities
and services customarily provided by hotels. Incidental services may
include: cooking facilities within units; furnishings; linen service;
maid service; food service; banquet, reception, meeting and recreational
facilities; and ancillary internal retail sales and services provided
for the convenience of hotel guests.
MOTEL
A building or part of a building, comprised of less than
two floors, containing six or more guest rooms or suites ("guest units")
offering temporary residence for compensation, primarily for transient
guests. Motels may include a manager's unit and incidental amenities
and services customarily provided by hotels and motels. Incidental
services may include: furnishings; linen service; maid service; food
service; banquet, reception, meeting and recreational facilities;
and ancillary internal retail sales and services provided for the
convenience of hotel and motel guests.
NONTRANSIENT
A.
Occupancy of a hotel unit by a guest for periods in excess of
30 days, but not for periods in excess of 90 consecutive days, unless
such a guest falls into one of the following categories, in which
case a nontransient guest may occupy a hotel unit for greater than
90 days:
(1)
Corporate guest: a guest registered at a hotel via a corporate
account for a business-related stay or a long-term project;
(2)
Humanitarian guest: a guest registered at a hotel who has a
permanent residence other than the hotel but requires occupancy away
from his/her permanent residence due to a state or local evacuation
or residential disaster caused by fire, flood, infestation or other
similar disaster, but in no event shall such stay exceed 180 days;
or
(3)
Circumstance-driven guest: a guest registered at a hotel who
has a permanent residence other than the hotel but requires occupancy
away from his/her permanent residence due to home reconstruction or
renovations, marital separation or divorce, medical treatment or other
similar circumstances, but in no event shall such stay exceed 180
days.
B.
Nontransient guests, upon registering at a hotel, must provide
the hotel with registration information, including, but not limited
to:
(1)
The type of nontransient guest category (corporate, humanitarian,
or circumstance-driven);
(2)
A primary residence address that is not the hotel's address;
and
(3)
The ages and school enrollment of any minors/children. If any
school-age children of nontransient guests are attending school during
the duration of their time as a guest in the hotel, school enrollment
shall be based on the guest's primary residence address, not
the address of the hotel.
C.
Nontransient stays shall not be permitted in motels.
PERSON
Any person, individual, firm, association, partnership, corporation,
limited liability company or other business entity.
TRANSIENT
Occupancy of a hotel or motel unit by a guest for not more
than 30 days within any ninety-day period.
No person shall engage in the business of operating a hotel
or motel without first having applied for and obtained from the Village
a license to do so.
Each applicant for such license shall make written application
on forms prescribed and supplied by the Village Board of Trustees,
setting forth:
A. The full name, residence and post office address of the applicant.
B. The exact location of the proposed licensed premises, giving the
street address, block and lot numbers as shown on the current Tax
Assessment Map of the Village, and the exact dimensions of the lands
upon which the business is to be conducted.
C. A description of the buildings, structures and accommodations upon
said lands, including a statement of the number of guest units and
the maximum number of persons who can be accommodated at any given
time; a description of the character of said buildings or structures
as to size, and type of construction; and a description of automobile
parking space and facilities.
D. The name and address of the owner of said lands and buildings.
E. The name or names of the person or persons on the licensed premises
upon whom process may be served.
F. A detailed description of the register or system used for the registration
of persons to whom accommodations are extended.
G. In the case of corporate or limited liability company applicants,
the names and residences of all stockholders holding 5% or more of
any stock of the corporation or membership interests of the limited
liability company, the names and residences of all officers of the
corporation or limited liability company and the office held by each.
The requirements contained in this chapter are in addition to
any requirements for site plan or subdivision approval and other requirements
of the Village Zoning Law, all of which shall apply to any proposed development of
a hotel or motel.
The following requirements for any building or structure erected,
operated and/or used as a hotel or motel are mandatory and not subject
to variance:
A. Each sleeping room or unit shall have full bathroom facilities, including
toilet, basin, tub and/or shower.
B. No kitchen or cooking facilities and no cooking may be provided or
permitted in any motel room or unit.
C. The building or buildings comprising a motel must be of approved
fire-rated construction.
D. A motel may contain no less than six rental units, arranged in one
or more buildings of less than two floors in any such building(s).
E. A hotel may contain no less than 30 rental units, arranged in one
building of no less than two or more floors.
F. Each hotel or motel shall have a clerk or other employee on duty
at all times at the office or registration desk of such hotel or motel.
It shall be the duty of the Village Code Enforcement Officer
to inspect the licensed premises from time to time, upon reasonable
notice to the licensee, to determine that the provisions of this chapter
are being complied with.
Any license issued under this chapter may be suspended or revoked
for any violation of this chapter, after due notice of the charges
and a hearing by the Board of Trustees of the Village, at which hearing
the licensee shall be afforded full opportunity to be heard.
Any person or corporation, whether as owner, lessee or the agent
or employee or any of them, who violates or is accessory to the violation
of any provision of this chapter or any regulation made under the
authority conferred by this chapter shall be subject to a penalty
not exceeding $500 for each violation hereof plus the reasonable costs
incurred by the Village in any action to enforce this chapter. Each
week that any violation continues shall constitute a separate offense
subject to an additional penalty for such separate violation.