[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.]
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.
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.
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:
The full name, residence and post office address of the applicant.
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.
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.
The name and address of the owner of said lands and buildings.
The name or names of the person or persons on the licensed premises upon whom process may be served.
A detailed description of the register or system used for the registration of persons to whom accommodations are extended.
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.
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.
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]
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.
It is hereby made the duty of the attendant or persons in charge of the motel to:
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 (3) 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 himself to be registered therein. No person occupying such a room shall fail to register or cause himself 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.
Maintain the motel in a clean, orderly and sanitary condition at all times.
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 his attention.
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.
Prevent the running loose of dogs, cats or other animals or pets.
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 (1) to each motel unit.
Prohibit the lighting of open fires on the premises.
Prohibit the use of any motel unit by a greater number of occupants than that which it is designed to accommodate.
Maintain, in motels with a total of more than twelve (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 (1) 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.
[Amended 3-24-1986 by L.L. No. 7-1986, effective 4-4-1986]
See that unoccupied rooms remain locked.
Modification of requirements.
[Added 3-24-1986 by L.L. No. 7-1986, effective 4-4-1986]
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.
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]
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.
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.
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.
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.