[HISTORY: Adopted by the Board of Trustees of the Village of Mount Morris 6-18-2018 by L.L. No. 3-2018. Amendments noted where applicable.]
GENERAL REFERENCES
Bed-and-breakfasts — See Ch. 61.
Fire Prevention and Building Code — See Ch. 101.
Rental housing — See Ch. 175.
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").
A. 
This chapter shall apply to all hotels and motels located in the Village. The provisions of this chapter shall supersede local laws, ordinances, codes or regulations to the extent that such local laws, ordinances, codes or regulations are inconsistent with the provisions of this chapter. However, nothing herein shall be construed to prevent the adoption and enforcement of a law, ordinance or regulation which is more restrictive or establishes a higher standard than those provided herein, and such more-restrictive requirement or higher standard shall govern during the time it is in effect.
B. 
In a case where a provision of this chapter is found to be in conflict with a provision of a zoning or building local law, ordinance, code or regulation, the more-restrictive local law, ordinance, code or regulation shall prevail.
C. 
Nothing herein shall limit the applicability of the New York State Uniform Fire Prevention and Building Code and all other New York State laws and codes which are applicable to hotels or motels located in 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,[1] all of which shall apply to any proposed development of a hotel or motel.
[1]
Editor's Note: See Ch. 232, Zoning.
A. 
The Village shall forthwith forward said application to the Village Code Enforcement Officer and the Fire Inspector of the Village, who shall inspect the premises to determine whether or not the premises comply with ordinances, laws, codes and regulations. If the premises do not so comply, said officers shall attach to said application a written list of recommendations and shall return the same to the Village, which shall, in turn, return said application to the applicant with a written list of recommendations. If the premises do so comply, said officers shall attach thereto certificates of approval. The Village Code Enforcement Officer shall present said application, with said certificates of approval attached, to the Mayor and Board of Trustees. The Mayor and Board of Trustees shall thereupon cause to be made such further investigation of the premises and the information set forth in said application as it may deem necessary and shall determine on the basis of said investigation and application whether or not such license shall be granted.
B. 
No license issued hereunder shall become final or effective until such time as the Village Code Enforcement Officer shall have issued a certificate of occupancy for the premises.
A. 
A fee for said license shall be paid annually in an amount as set forth in the Village's Master Fee Schedule, as same may be amended from time to time.
B. 
Said license fee is hereby declared to be for the purpose of defraying the cost of administering the laws or regulations pertaining to the operation of hotels and motels.
A. 
Any license under the provisions of this chapter shall be for a term of one year, commencing on July 1 and expiring on June 30. No license fee shall be apportioned, regardless of the date on which such license may be issued.
B. 
Each license shall be valid only to the applicant to whom it is issued and shall not be transferred except as hereinafter provided in Subsection C of this section. All licenses shall be displayed at a prominent place on the licensed premises.
C. 
On application made therefor, setting forth the same matters and things as are required by this chapter to be set forth in connection with an original application for a license, the Mayor and Board of Trustees, with the consent of the licensee and upon payment of a fee as set forth in the Village's Master Fee Schedule, as same may be amended from time to time, may transfer to such applicant any license issued under the provisions of this chapter. Said fee shall be retained by the Mayor and Board of Trustees whether the transfer is granted or not.
D. 
Any change in any of the information set forth in the application during the term of the license shall forthwith be communicated by the licensee, in writing, to the Village Code Enforcement Officer.
A. 
Each licensee shall at all times cause to be maintained on the licensed premises a register, consisting of consecutively numbered cards, which shall constitute the register of the licensed premises. Said register shall be preserved for three years upon the licensed premises.
B. 
No person shall occupy and no licensee shall permit any person to occupy any guest units on the licensed premises unless each person or the head of the party who is to occupy such guest unit shall first:
(1) 
Display to the licensee or to a duly authorized agent or employee of the licensee in charge of the register written, verified evidence of his or her identity and residence.
(2) 
Enter into the register, immediately following the preceding registration, in ink and in his or her own handwriting, his or her full and true name and address and, in the case of the operator of a motor vehicle or a member of his party, the make of said motor vehicle and the state license or registration number of the motor vehicle conveying him or her to the licensed premises. If the registrant does not provide such information, it shall be the duty of the licensee or his duly authorized employee to record said information.
C. 
In addition to the foregoing information, the licensee shall cause to be written into the register, in ink, the number or name of the guest unit assigned to each registrant, the date and hour of registration, a brief description or designation of the identification displayed to the licensee by the registrant pursuant to Subsection B(1) hereof, the signature of the person taking or accepting the registration and the date when the occupant or occupants of each guest unit quit and surrender the same.
D. 
Said register shall be kept and preserved by the licensee and shall be made available to any law enforcement agency with jurisdiction over the Village, to the extent permitted or required by law, upon the lawful request of such law enforcement agency.
E. 
Said register may be maintained in an electronic format.
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.