[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Editor’s Note: This local law also repealed former Ch.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:
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."
Occupancy of a hotel unit by a guest may be for periods in excess
of 30 days.
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.
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.
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.
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:
Corporate Guest: A guest registered at a hotel via a corporate
account for business-related stay or a long term project;
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
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.
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.
Nontransient stays shall not be permitted in motels.
Any person, individual, firm, association, partnership, corporation,
limited liability company or other business entity.
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]
