[HISTORY: Adopted by the Board of Trustees
of the Village of Mamaroneck 9-23-1985 as L.L. No. 22-1985, effective 9-27-1985. Sections 246-5A,
246-11B(2) and 246-15 amended at time of adoption of Code; see Ch.
1, General Provisions, Art. I. (Local
Law No. 22-1985 was included as Ch. 24 of the Unified
Code of Ordinances.) Other amendments noted where applicable.]
GENERAL REFERENCES
Housing standards — See Ch.
226.
Zoning — See Ch. 342.
As used in this chapter, the following terms
shall have the meanings indicated:
A series of attached, semiattached or detached dwelling units
with separate entrances, operated as a single business, containing
individual sleeping or living units with bathrooms and closet space,
with or without kitchens, designed for or used by automobile tourists
and transients, and includes tourist courts, auto courts and motor
lodges, with convenient access to a parking space for the use of the
units' occupants and direct and convenient access to a traveled road,
and maintained and held out to the public as accommodations for auto
tourists and transients by the day, week or month, whether a charge
is made or not.
Includes individuals, copartnerships, corporations and incorporated
and joint-stock associations.
A.
No person shall engage in the business of conducting
tourist lodges or motels without first having applied for and obtained
from the Village of Mamaroneck a license to do so. All existing motels
being operated within the Village of Mamaroneck must, within sixty
(60) days from the effective date of this chapter, make application
for the license required herein. The license shall be issued and reissued
on an annual basis.
B.
No such license shall be issued to any person who
has been convicted of a crime involving moral turpitude, nor shall
any such license be issued to any corporation in which any stockholder
holding five percent (5%) or more of any of the stock thereof or in
which any director or officer shall have been convicted of a crime
involving moral turpitude.
Each applicant for such license shall make written
application on forms prescribed and supplied by the Mayor and 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 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 housing or
lodging 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, type of construction and whether or not
the same are fireproof 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.
Whether any person constituting the individual or
partnership applicant or whether the corporate applicant or any stockholder
holding five percent (5%) or more of the stock 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 corporate applicants, the names and
residences of all stockholders holding five percent (5%) or more of
any stock of the corporation, the names and residences of all officers
of the corporation and the office held by each.
The Clerk of the Village of Mamaroneck shall
forthwith forward said application to the Building Inspector and Board
of Fire Inspectors of the Village of Mamaroneck, who shall inspect
the premises to determine whether or not the premises comply with
the ordinances, laws, codes or 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 Clerk of
the Village of Mamaroneck, who 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 Clerk of the Village of Mamaroneck 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 they may deem necessary and shall
determine, on the basis of said investigation and application, whether
or not such license shall be granted.
A.
The annual fee for said license is hereby fixed and determined as set forth in Chapter A347, Fees.
[Amended 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987]
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 motels and tourist lodges.
Any license under the provisions of this chapter
shall be for a term of one (1) year, commencing on January 1 and expiring
on December 31. No license fee shall be apportioned, regardless of
the date on which such license may be issued.
Each license shall be valid only to the applicant
to whom it is issued and to such applicant to whom the license may
be transferred as hereinafter provided. All licenses shall be displayed
at a prominent place on the licensed premises.
On application made therefor, setting forth
the same matters and things as 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 of ten percent (10%) of the annual license fee
for the license sought to be transferred, may transfer to such applicant
any license issued under the provisions of this chapter. Said fee
of ten percent (10%) shall be retained by the Mayor and Board of Trustees
whether the transfer is granted or not.
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 of Mamaroneck.
In every motel, there shall be an office of
the person in charge of said motel. A copy of this chapter shall be
posted therein, and the motel register shall, at all times, be kept
in said office.
A.
It is hereby made the duty of the attendant or persons in charge
of the motel to:
[Amended 3-24-1986 by L.L. No. 7-1986, effective 4-4-1986; 5-22-2023 by L.L. No.
10-2023, effective 9-1-2023]
(1)
Keep, at all times on the licensed premises, a list of consecutively
numbered cards, which shall constitute a register of all guests as
provided in § 204 of the General Business Law of the State
of New York, which shall be preserved for three years on the premises
and which shall be open at all times to inspection by state and federal
officers and officers of the Village of Mamaroneck, showing, for all
guests, the name and home address of each guest for whom accommodations
are afforded and his room assignment; the dates of arrival and departure;
the license number, as shown on automobile registration produced by
the guest, make and type of all automobiles; and the name and state
issuing such automobile licenses. No person shall write or cause to
be written or, if in charge of a register, knowingly permit to be
written in any register in a motel any other or different name or
designation than the true name or names in ordinary use of the person
registering or causing themself to be registered therein. No person
occupying such a room shall fail to register or cause themself to
be registered. If the registrant does not write in the register the
information herein required, it shall be the duty of the licensee
or his duly authorized employee to write in said information.
(2)
Require each guest to verify his or her identity by presenting a
government- issued photo identification document and maintain a copy
of the document as part of the guest card.
(3)
Maintain the motel in a clean, orderly and sanitary condition at
all times.
(4)
See that the provisions of this chapter are complied with and enforced
and report promptly to the proper authorities any violations of this
chapter or any other violation of law which may come to the attention
of the attendant or persons in charge.
(5)
Report to the Department of Health of the County of Westchester all
cases of persons or animals infected or suspected of being infected
with any communicable disease.
(6)
Prevent the running loose of dogs, cats or other animals or pets.
(7)
Maintain in convenient places, approved by the Fire Department of
the Village of Mamaroneck, hand fire extinguishers in good operating
condition in the ratio of one to each motel unit.
(8)
Prohibit the lighting of open fires on the premises.
(9)
Prohibit the use of any motel unit by a greater number of occupants
than that which it is designed to accommodate.
(10)
Maintain, in motels with a total of more than 12 rooms for hire,
whether or not such rooms are occupied, at the cost and expense of
the owner, lessee, proprietor or manager, at least one uniformed and
bonded private security guard on weekdays between the hours of 7:00
a.m. and 9:00 a.m. and 4:00 p.m. and 10:00 p.m., from September 1
through June 30, to be stationed on the exterior of the premises for
the purpose of patrolling the grounds and maintaining order. The name
of each such security guard, along with the scheduled hours of employment
for each such security guard, shall be kept on file with the Village
of Mamaroneck Police Department. Notification of any changes in the
aforesaid schedule, whether temporary or permanent, shall be given
to the Police Department desk officer as soon as practicable so that
the Police Department records shall remain current.
(11)
See that unoccupied rooms remain locked.
(12)
Provide and maintain surveillance cameras that view and record
all persons entering and exiting the motel and preserve the recordings
made by those cameras for not less than 30 days. This paragraph will
take effect September 1, 2023.
B.
Modification of requirements.
[Added 3-24-1986 by L.L. No. 7-1986,
effective 4-4-1986]
(1)
Upon an appeal or request from a motel owner or operator and subject to such terms and conditions as it may establish in specific cases, the Board of Trustees may vary or modify the application of any provision of this § 246-11 relating to management duties where it finds that, owing to exceptional and extraordinary circumstances, there are practical difficulties or unnecessary hardship in the carrying out of the strict letter of this section.
(2)
Any such requests to vary or modify the provisions hereof shall be made in writing and shall demonstrate that exceptional and/or extraordinary circumstances exist creating practical difficulties or unnecessary hardship in the carrying out of the strict letter of this section. An original and ten (10) copies of such written application shall be filed with the Village Clerk, along with a filing fee as set forth in Chapter A347, Fees.
[Amended 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987]
(3)
Upon the filing of such an appeal or request, the
Board of Trustees shall schedule a public hearing, upon at least ten
(10) days' advance public notice, for the purpose of conducting a
hearing with respect to the same and, thereafter, render a determination.
It shall be unlawful for any person in charge
of any motel, either as owner, agent, manager, clerk, servant or employee,
to permit the same or any portion thereof to be used as a house of
ill fame, brothel or bawdy or disorderly house or permit the same
to be used for the purpose of prostitution or lewdness or deviate
sexual intercourse, as defined in § 130.00 of the Penal
Law of the State of New York, or suffer lascivious cohabitation, adultery
or lewd practice to be carried on therein.
The members of the Police, Fire, Building and
Health Departments shall have access at all reasonable times to all
motels for the purpose of investigating any complaint or enforcing
any ordinances or regulations relating thereto.
The owner, lessee, licensee or occupant of any
premises upon which a motel is located who commits any act in violation
of any of the provisions of this chapter shall each be liable for
any such violation and for the penalty therefor. Each day such violation
shall continue or be permitted to exist shall constitute a separate
violation.
[Amended 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987]
Any person, firm or corporation who violates
any provision of this chapter shall be subject to a fine of not more
than two hundred fifty dollars ($250.) or to imprisonment for a period
not more than fifteen (15) days, or to both such fine and imprisonment,
and, in addition, any and all persons who violate any of the provisions
of this chapter or who shall omit, neglect or refuse to do any act
required by this chapter shall, severally, for each and every such
violation and noncompliance respectively, forfeit and pay a penalty
of one hundred fifty dollars ($150.), recoverable in a civil action
brought by or on behalf of the Village of Mamaroneck. The imposition
of all penalties for any violation of this chapter shall not excuse
the violation or permit it to continue. The application of the above
penalty or penalties or the prosecution of the violation of the provisions
of this chapter shall not be held to prevent the enforced removal
of conditions prohibited by this chapter.
A.
The Mayor and Board of Trustees of the Village of
Mamaroneck are hereby authorized to revoke any license issued pursuant
to the terms of this chapter if, after due investigation, they determine
that the holder thereof has violated any of the provisions of this
chapter or that any motel is being maintained in an unsanitary or
unsafe manner or is a nuisance.
B.
Hearing on granting, denial, renewal or revocation
of license. Any person aggrieved by an order of the Mayor and Board
of Trustees of the Village of Mamaroneck granting, denying, renewing
or revoking a license for a motel, as provided for herein, may file
a written request for a hearing before the Board within ten (10) days
after issuance of such order. The Board shall give notice of a public
hearing on this request to be heard in not less than five (5) days
after the service of the notice on the person requesting the hearing.
The Board may also give notice of the hearing to other persons directly
interested in the order in question. At such hearing, the Board shall
determine whether the granting, denial, renewal or revocation of the
license was in accordance with the provisions of this chapter and
shall issue written findings of fact, conclusions of law and an order
to carry out its findings and conclusions. These findings of fact,
conclusions and order shall be filed with the Clerk of the Board and
served by said Clerk upon all parties heard and/or represented at
said hearing.
C.
Court review. Any order either granting, denying,
renewing or revoking any license under the provisions of this chapter
may be reviewed by the Supreme Court in the same manner as provided
in Article 78 of the Civil Practice Law and Rules of the State of
New York. Any such review from such order must be taken within thirty
(30) days after the order is issued, and, upon any such review, the
findings of fact of the Mayor and Board of Trustees, if supported
by substantial evidence, shall be conclusive.
