The terms used in this chapter are hereby defined as follows:
ANNUAL QUARTER
The standard calendar quarters that make up the year are
as follows:
A.
January, February, and March (Q1).
B.
April, May, and June (Q2).
C.
July, August, and September (Q3).
D.
October, November, and December (Q4).
BUSINESS OF CONDUCTING HOTELS
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 three floors devoted exclusively to said business, commonly
known as "hotels."
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 three floors devoted exclusively 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 three
floors, containing no less than 30 or more guest rooms or suites ("guest
units") offering transient or nontransient temporary residence for
compensation.
MORAL TURPITUDE
For purposes of this chapter, the normative definition of
"moral turpitude" shall also include any sex offense, prostitution
offense or sex trafficking offense defined under New York State Penal
Law.
MOTEL
A building or part of a building, comprised of less than
three floors, containing three or more guest rooms or suites ("guest
units") offering temporary residence for compensation, only for transient
guests. This includes the "adult motels" as defined elsewhere in the
Cortlandt Town Code.
NONTRANSIENT (LONG-TERM)
Occupancy of a unit or property by a guest or renter for
periods in excess of 30 consecutive days within a calendar year.
OWNER
Any person who owns more than a de minimis share of a dwelling's
equitable, or legal, title; or any person who has been given an ownership
interest in a dwelling and is able to fully act and alter a property
as someone who owns a dwelling's equitable or legal title would.
TRANSIENT (SHORT-TERM)
Occupancy of a unit or property by a guest for not more than
30 days within any annual year.
Each applicant for an operating permit shall make a written
application on forms prescribed and supplied by the Department of
Code Enforcement, setting forth:
A. The full name, residence and post office address of the applicant.
B. The exact location of the proposed permitted premises, giving the
street address, section, block and lot numbers as shown on the current
Tax Assessment Map of the Town, 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 each and every person having an ownership
interest in the land's structures.
E. The name or names of the person or persons on the permitted premises
upon whom process may be served, including all managers or front desk
persons.
F. A detailed description of the register or system used for the registration
of persons to whom accommodations are extended.
G. Whether any person constituting the individual or partnership applicant
or whether the corporate applicant or any equity holder holding 5%
or more of the equity thereof or any director or officer thereof has
ever been convicted of a crime, 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.
H. In the case of legal entities (non-real live persons), the names
and residences of all stock or equity holders holding 5% or more of
the stock or equity of the entity, the names and residences of all
officers of the entity and the office held by each. In the case of
a trust, the names and addresses of all those with interests in the
trust must be listed. The names and addresses of the executor, trustor
and settlor shall also be listed.
The Department of Technical Services, Code Enforcement Division,
shall review such application and 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 applicant. If the premises do so comply, said
officers shall attach thereto certificates of approval, and the Town
Clerk shall issue a permit to operate the hotel or motel to the applicant.
No permitted person or entity shall employ in, on or about the
permitted premises any person convicted of a crime involving moral
turpitude within a period of five years from the date of conviction.
Any permit issued under this chapter may be suspended or revoked
for any violation of this chapter after due notice of the charges
presented by the Department of Code Enforcement and a hearing by the
Cortlandt Zoning Board of Appeals at which hearing the interested
persons shall be afforded a public hearing. Any denial of a permit
application, or adverse determination by the Department of Code Enforcement,
arising under this chapter may likewise be appealed to the Zoning
Board of Appeals.