As used in this article, the following terms shall have the meanings indicated:
BED-AND-BREAKFAST
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. 
Level 1: not more than five rooms, not more than 10 lodgers, food served only to lodgers.
B. 
Level 2: more than five but not more than 10 rooms, not more than 20 lodgers, food served only to lodgers.
HOTEL/MOTEL
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.
INN
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.
ROOMING HOUSE
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:
A. 
Neighborhood rooming house, as classified in Article II, Use Schedule, of the Zoning Ordinance, Level I: no more than four rooms.
B. 
Corridor rooming house, as classified in Article II, Use Schedule, of the Zoning Ordinance, Level II: more than four rooms but not more than 10 rooms.
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.
[Amended 1-16-2024]
Fees shall be established from time to time by the City Council for the licensure of lodging establishments. A schedule of all such fees will be available for review in the Office of the City Clerk and on the City's web page.
A. 
Payment of the applicable fee under this section shall be due upon filing or renewal of the lodging annual license.
Lodging Establishments, All Categories
Number of Rooms
Fee
5 or fewer
See City
Fee Schedule
6 to 10
11 to 25
26 to 100
100 or above
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.