As used in this article, the following terms shall have the
meanings indicated:
A private residential structure, either owner-occupied or
under the supervision of a resident manager, in which rooms and meals
are made available to lodgers for compensation and incidental to the
residential use. Bed-and-breakfast establishments are classified as
follows:
A public building or group of public buildings in which more than six rooms are made available to lodgers for compensation for any rental period, which has a lobby and a register, and that may offer food service for compensation to lodgers or to both lodgers and the public. Food service to the public shall require a food establishment license pursuant to Article II of this chapter.
A private residential building in which more than 10 but
not more than 25 rooms are made available to not more than 50 lodgers
for compensation; food served only to lodgers.
A single-family or two-family private residential structure,
owner-occupied or under the supervision of a resident manager, in
which rooms are made available to lodgers for compensation and in
which food may also be provided to lodgers for compensation. Rooming
houses shall provide lodging to people for a rental period of no less
than 28 consecutive days. A rooming house may have a common kitchen
facility available to lodgers but shall have no kitchen or dining
facilities in any guestroom. Rooming houses are classified as follows:
No person, corporation, firm or other entity shall engage in
the business of operating a bed-and-breakfast, rooming house, inn,
hotel or motel in the City of Saratoga Springs unless and until a
lodging establishment permit for such an establishment has been obtained
pursuant to this article.
A.
Nothing in this article shall be construed so as to supersede or
limit any of the provisions of the New York State Building and Fire
Codes, the New York Public Health Law and Sanitary Codes, the New
York State Workers' Compensation Law, the Zoning Ordinance of the
City of Saratoga Springs, or any law which imposes a tax of any kind
upon any of the establishments described by this chapter. It shall
be the responsibility of each applicant to determine if his or her
lodging establishment is in compliance with all applicable laws.
B.
No license issued under this article shall be construed as granting
authority for any event, celebration or other gathering, whether social
or business related, that includes persons who are not lodgers at
the lodging establishment, nor for any event defined as a "special
event" under the Zoning Ordinance of the City or under Chapter 69
of the City Code.
An application for a lodging establishment permit shall be made
in writing on forms provided by the Commissioner of Accounts and shall
include the following information:
A.
General information.
(1)
Name, address, and telephone number of the applicant(s).
(2)
Type of lodging establishment applied for and services provided to
lodgers.
(3)
Location of the establishment by street address, with telephone number.
(4)
Name of the owner(s) of the property, address of the owner(s) and
telephone number(s).
(5)
The locations, together with a narrative description, of all fire
protection equipment to be used on the premises.
(6)
If applicable, the bars or other similar service locations where
alcoholic beverages will be served in the establishment.
B.
Insurance.
[Amended 11-5-2012; 2-5-2013]
(1)
A certificate of insurance for commercial general liability insurance,
including personal injury liability insurance, in the amount of $1,000,000
per occurrence and $2,000,000 aggregate, naming the City of Saratoga
Springs as an additional insured. The City shall be included as an
additional insured on said insurance for the permit process.
(2)
Proof of New York State statutory workers' Compensation and employers'
liability insurance for all employees, or a waiver of same as permitted
by law.
(3)
(Reserved)
(4)
If the applicant will employ security guards, proof from the New
York State Department of State, Division of Licensing Services, that
the applicant complies with the requirements of the Article 7-A of
the General Business Law relative to the employment of security guards.
C.
A fully executed hold-harmless agreement, in a form satisfactory
to the City, by which the applicant shall indemnify and save harmless
the City and its agents and employees from and against all claims,
damages, loss and expense (including but not limited to attorney's
fees), arising out of or resulting from the licensed activity, sustained
by any person or persons, provided that any such claims, damage, loss
or expense is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of property caused by the tortious
act or negligent act or omission of the applicant, or the applicant's
employees, agents or subcontractors.
D.
If the establishment will employ security guards:
(1)
Proof of registration and licensure from the New York State Division
of Criminal Justice Services that the applicant has a security guard
license authorizing the applicant to employ security guards at the
establishment.
(2)
The locations of any fixed stations for security guards to be maintained
at the establishment.
(3)
A description of a distinctive identifying uniform, emblem or other
identification to be worn on the person of all security guard personnel
at all times when employed on the premises. All such identification
must show the name of the establishment and must be in a form approved
by the Department of Public Safety.
(4)
Proof of New York State certification for all persons employed as
security guards, to be submitted within five business days of the
commencement of employment.
E.
Proof of all other certifications, licenses or authorizations required
under New York State law or regulations.
F.
Any additional information reasonably necessary for the Commissioner
of Accounts to review the application.
G.
The application shall also include a detailed set of plans which
shall show:
(1)
A floor plan indicating the location of all rooms, hallways, doors,
windows, reception areas, kitchen facilities, bathroom facilities,
and exits.
(2)
The location of the structure relative to the parcel or parcels of
land, and relative to adjacent streets, sidewalks, and public ways.
(3)
The location of any on-site parking facilities.
(4)
A narrative summary of all proposed uses on the premises.
The application shall be submitted to the Commissioner of Accounts.
Upon receipt, the Commissioner shall refer the application for the
lodging establishment to the Building Department, the Office of Risk
and Safety, and the Department of Public Safety for comments and recommendations.
The Building Department and the Department of Public Safety shall
have authority to impose such restrictions and/or modifications upon
the application that will ensure compliance with all applicable laws
and regulations of the State of New York and of the City of Saratoga
Springs.
Upon the completion of all reviews by the Building Department,
the Office of Risk and Safety, and the Department of Public Safety
and upon determining that the provisions of this article have been
complied with, the Commissioner of Accounts shall have authority to
issue a lodging establishment permit. The Commissioner shall also
have authority to impose reasonable conditions in the public interest
upon any lodging establishment permit issued. Any conditions imposed
shall be plainly noted on or attached to the issued lodging establishment
permit. Each lodging establishment permit shall indicate the name
of the lodging establishment, the name of the applicant, the fee paid,
the type of lodging establishment, the location of the lodging establishment,
the expiration date of the lodging establishment permit, the date
of issue, the signature of the Commissioner of Accounts, the date
of fire inspection and the number of the health certificate issued
to the lodging establishment.
Fees for lodging establishment permits under this article shall
be as follows:
|
Lodging Establishments, All Categories
| |
|---|---|
|
Number of Rooms
|
Fee
|
|
5 or fewer
|
$25
|
|
6 to 10
|
$50
|
|
11 to 25
|
$75
|
|
26 to 100
|
$100
|
|
100 or above
|
$150
|
Each holder of a lodging establishment permit under Article I of this chapter shall keep an accurate record of the names and addresses of lodgers who occupy rooms in the lodging establishment. This record shall also identify which rooms in the establishment were occupied each day or part thereof and how many persons occupied each room.
