Village of Elmsford, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 12-5-2016 by L.L. No. 8-2016.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Dancing and dining establishments — See Ch. 135.
[1]
Editor’s Note: This local law also repealed former Ch. 201, Hotels, Motels and Tourist Lodges, adopted 6-6-1977 by L.L. No. 5-1977, as amended.
The terms used in this chapter are hereby defined as follows:
A. 
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 or primarily to said business, commonly known as "hotels."
B. 
Occupancy of a hotel unit by a guest may be for periods in excess of 30 days.
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 or primarily 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 residence for compensation. Hotels may include a manger's unit and incidental amenities and services customarily provided by hotels. Incidental services may include: cooking facilities within units; furnishings; linen service; maid service; food service; banquet, reception, meeting and recreational facilities; and ancillary internal retail sales and services provided for the convenience of hotel guests.
MOTEL
A building or part of a building, comprised of less than three floors, containing six or more guest rooms or suites ("guest units") offering temporary residence for compensation, primarily for transient guests. Motels may include a manager's unit and incidental amenities and services customarily provided by hotels and motels. Incidental services may include: cooking facilities within units; furnishings; linen service; maid service; food service; banquet, reception, meeting and recreational facilities; and ancillary internal retail sales and services provided for the convenience of hotel and motel guests.
A. 
Occupancy of a hotel unit by a guest for periods in excess of 30 days, but not for periods in excess of 90 consecutive days unless such a guest falls into one of the following categories, in which case a nontransient guest may occupy a hotel unit for greater than 90 days:
(1) 
Corporate Guest: A guest registered at a hotel via a corporate account for business-related stay or a long term project;
(2) 
Humanitarian Guest: A guest registered at a hotel who has a permanent residence other than the hotel but requires occupancy away from his/her permanent residence due to a state or city evacuation or residential disaster caused by fire, flood, infestation or other similar disaster, but in no event shall such stay exceed 180 days; or
(3) 
Circumstance-Driven Guest: A guest registered at a hotel who has a permanent residence other than the hotel but requires occupancy away from his/her permanent resident due to home reconstruction or renovations, marital separation or divorce, medical treatment or other similar circumstances, but in no event shall such stay exceed 180 days.
B. 
Nontransient guests, upon registering at a hotel, must provide the hotel with registration information, including but not limited to (i) the type of nontransient guest category (corporate, humanitarian, circumstance-driven), (ii) a primary residence address that is not the hotel's address, and (iii) the ages and school enrollment of any minors/children. If any school-age children of nontransient guests are attending school during the duration of their time as a guest in the hotel, school enrollment shall be based on the guests' primary residence address, not the address of the hotel.
C. 
Nontransient stays shall not be permitted in motels.
PERSON
Any person, individual, firm, association, partnership, corporation, limited liability company or other business entity.
TRANSIENT
Occupancy of a hotel or motel unit by a guest for not more than 30 days within any ninety-day period.
No person shall engage in the business of conducting hotels or motels without first having applied for and obtained from the Village of Elmsford a license to do so. 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 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 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 current 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 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 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 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 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 Village of Elmsford shall forthwith forward said application to the Building Inspector and Fire Inspector of the Village of Elmsford, who 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 Village of Elmsford which 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 Village of Elmsford 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 it may deem necessary and shall determine on the basis of said investigation and application whether or not such license shall be granted.
A. 
A fee for said license shall be paid annually in an amount as set forth in the Village's Master Fee Schedule as same may be amended from time to time.
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 hotels and motels.
A. 
Any license under the provisions of this chapter shall be for a term of one year commencing on July 1 and expiring on June 30. No license fee shall be apportioned, regardless of the date on which such license may be issued.
B. 
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.
C. 
On application made therefor, setting forth the same matters and things as are 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 as set forth in the Village's Master Fee Schedule as same may be amended from time to time, may transfer to such applicant any license issued under the provisions of this chapter. Said fee shall be retained by the Mayor and Board of Trustees whether the transfer is granted or not.
D. 
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 Elmsford.
A. 
Each licensee shall at all times cause to be maintained on the licensed premises a register, consisting of consecutively numbered cards, which shall constitute the register of the licensed premises. Said register shall be preserved for three years upon the licensed premises.
B. 
No person shall occupy and no licensee shall permit any person to occupy any guest units on the licensed premises unless each person or the head of the party who is to occupy such housing unit shall first:
(1) 
Display to the licensee or to a duly authorized agent or employee of the licensee in charge of the register written evidence of his or her identity and residence.
(2) 
Write in the register immediately following the preceding registration, in ink and in his or her own handwriting, his or her full and true name and address and, in the case of the operator of the motor vehicle or a member of his party, the state license or registration number of the motor vehicle conveying him or her to the licensed premises. If the registrant does not write in the register the information herein required as to the motor vehicle, it shall be the duty of the licensee or his duly authorized employee to write in said information.
C. 
In addition to the foregoing information, the licensee shall cause to be written into the register, in ink, the number or name of the guest unit assigned to each registrant, the date and hour of registration, a brief description or designation of the identification displayed to the licensee by the registrant pursuant to Subsection B(1) hereof, the signature of the person taking or accepting the registration and the date when the occupant or occupants of each guest unit quit and surrender the same.
D. 
Said register shall be kept and preserved by the licensee and shall be available on request at any hour of the day or night to any police officer of the Village of Elmsford or any other duly authorized agent of the governing body of the Village of Elmsford.
E. 
Said register may be maintained in an electronic format.
The following requirements for any building or structure erected, operated and/or used as a hotel or motel are mandatory and not subject to variance:
A. 
Each sleeping room or unit shall have full bathroom facilities, including toilet, basin, tub and/or shower.
B. 
No kitchen or cooking facilities and no cooking may be provided or permitted in any motel room or unit.
C. 
The building or buildings comprising a motel must be of approved fire-rated construction.
D. 
A motel may contain no less than six rental units, arranged in one or more buildings of less than three floors in any such building(s).
E. 
A hotel may contain no less than 30 rental units, arranged in one building of no less than three floors.
It shall be the duty of the Building Inspector of the Village of Elmsford to inspect the licensed premises from time to time, at any hour of the day or night, to determine that the provisions of this chapter are being complied with.
No licensee shall employ in, on or about the licensed premises any person convicted of a crime involving moral turpitude within a period of five years from the date of conviction.
Any license issued under this chapter may be suspended or revoked for any violation of this chapter or for any conviction of any licensee or any stockholder holding 5% or more of the stock of any corporate licensee, or a director or officer thereof, of a crime involving moral turpitude, after due notice of the charges and a hearing by the Board of Trustees of the Village of Elmsford, at which hearing the licensee shall be afforded full opportunity to be heard.
A. 
Any person or corporation, whether as owner, lessee or the agent or employee or any of them, who violates or is accessory to the violation of any provision of this chapter or any regulation made under the authority conferred by this chapter shall be liable to a penalty not exceeding, in the case of any one violation, $500 to be recovered with costs. Each week's continued violation shall constitute a separate offense.
B. 
The Building Inspector, upon his becoming aware thereof, shall serve notice of any violation of this chapter on the person or entity committing or permitting the same, except that no such notice need be issued for subsequent violations of this chapter within one year of the issuance of such a notice for the same violation; in which case, the Building Inspector may issue an appearance ticket.
[Amended 9-6-2017 by L.L. No. 4-2017]