[HISTORY: Adopted by the Town Meeting of the Town of Lanesborough 6-8-2021 ATM by Art. 22. Amendments noted where applicable.]
As used in this bylaw, the following terms shall have the meanings indicated:
GUEST
The person who has requested a room or rooms to let to him/her.
LICENSE
A permit or approval issued by the designated authority in the Town of Lanesborough authorizing an owner to provide sleeping accommodations for transient persons upon the payment of a fee.
MOTEL
Any building or group of buildings located in the Town of Lanesborough which provides sleeping accommodations for transient persons upon payment of a fee, the premises having been licensed by the Board of Health to provide such services.
OCCUPANT
A person occupying a room other than a guest; provided, however, that a person under the age of 16 shall not be considered an occupant.
OPERATOR
The person responsible for the day-to-day operation of the motel.
OWNER
The person to whom the license to operate the motel is issued.
PERSON
Any individual, partnership, corporation, association and/or joint venture.
PREMISES
The area and building licensed by the appropriate licensing authority to operate the motel.
RECORD
A typed or neatly hand-printed permanent legible record prepared by the operator for each guest and occupant of the motel.
VACATE
When a guest and/or occupant has checked out or has otherwise removed his/her belongings from the room or rooms let to him/her.
A. 
Every operator of a motel shall keep a permanent record of each and every guest and occupant; except when five or more members of a business, fraternal or social group or other group having a common interest are engaging rooms, they may designate one person to make the entry on their behalf and prior to occupancy, or when said guest and occupant are registered under the direction of the Massachusetts Department of Transitional Assistance.
B. 
The record shall consist of the following:
(1) 
The name of each guest and occupant;
(2) 
The address of each guest and occupant;
(3) 
The driver's license number, state of issue and date of license expiration for each guest and occupant. If the guest or occupant has no driver's license, then the operator shall obtain another recognized form of picture identification such as an Alcoholic Beverage Control Card, Massachusetts Department of Transitional Assistance Card, Passport, Military Identification Card or the like. The operator shall indicate the type of identification used in order to complete the record. If the guest or occupant has none of the above identification, the operator may accept two forms of permanent identification that the reasonable prudent person would accept as valid in establishing a person's identity. Such identification as a social security card, check cashing privilege card, mail order forms of identification and the like are not acceptable forms of identification;
(4) 
The license plate number, date of registration and state of issue for the vehicle operated by each guest and occupant, if possible;
(5) 
The number of the room assigned to each guest and occupant;
(6) 
The date and time of the assignment of each room; and
(7) 
The date the guest and occupant vacated the room.
C. 
The records shall be available for immediate inspection by the licensing authority and/or a member or members of the Lanesborough Police Department upon a request made to the operator.
D. 
The record shall be retained by the operator or his/her successor for a period of two years from the date of creation.
E. 
The owner shall file annually on March 1 a statement of the beneficial ownership of the licensed premises. Said statement shall list each owner's name and address and percentage share of ownership. If the owner is a corporation which is not publicly traded, it shall list the total number of issued shares and the name and address of each owner. Publicly traded corporations shall file the names and addresses of the president and treasurer of the corporation. The owner shall file, along with the statement of beneficial interest, the name and address of the operator of the motel.
F. 
The owner shall file with the licensing authority, immediately upon or prior to the change of the operator, the name and address of the new operator.
G. 
The operator shall notify the Lanesborough Police Department, immediately, of any illegal activity occurring on the premises.
A. 
Each violation of these rules and regulations shall be reported to the Lanesborough Select Board immediately upon discovery of said violation.
B. 
Penalty.
(1) 
For the first two violations, the operator and owner shall receive a written warning from the Police Department;
(2) 
For the third violation, written notice shall be given by the Police Department to the operator and owner, and a fine imposed on the owner in the amount of $100; and
(3) 
For the fourth and subsequent violations, written notice shall be given by the Police Department to the operator and owner, and a fine imposed on the owner in the amount of $500.
C. 
Any and all penalties imposed under this section shall be payable within 30 days. Said payment shall be made to the Town of Lanesborough and a receipt for said payment shall be issued and the money so received forwarded to the Town Treasurer.
D. 
Failure to make payment as required by Subsection C will result in a request being forwarded to the appropriate licensing authority that the license to operate be suspended for a period of time not less than 10 business days.
E. 
Before any action is taken by the Select Board pursuant to this section, the owner shall receive at least seven days' written notice of the reported violation and shall be given the right to appear before the Select Board to answer the charges contained in the notice of violation.
F. 
Each day that a room is occupied in violation of these rules and regulations shall be considered a separate violation of the record-keeping provisions of these rules and regulations.
G. 
Any owner who objects to a penalty imposed under Subsection B may request a hearing before the Select Board by filing a written request with the office of the Select Board for a hearing within 20 days of the date of the notice of violation. The decision of the Select Board with respect to any appeal to it for penalties imposed under Subsection B shall be final.
In the event that any provision or clause of these rules and regulations is in conflict with applicable law, such provision or clause shall be ineffective and the remaining portions of these rules and regulations shall remain in full force and effect.