[HISTORY: Adopted by the Town Board of the
Town of Brighton 10-12-1994 as L.L. No. 5-1994. Amendments noted where
applicable.]
GENERAL REFERENCES
Comprehensive development regulations — See
Volume II.
It is the purpose and intent of this chapter
to promote the public health, safety and general welfare of the guests
of hotels and motels located within the town and that of the general
citizenry of the town.
A.
HIGH MANAGERIAL AGENT
HOTEL or MOTEL
LICENSE
LICENSED PREMISES
LICENSEE
PERSON
REGISTER
As used in this chapter, the following terms shall
have the meanings indicated:
The same meaning as set forth in § 20.20 of the
Penal Law of the State of New York.
Any hotel or motel, as defined in the Town of Brighton Comprehensive
Development Code (Volume II of the Code of the Town of Brighton),
and, in addition, any other hotel, motel, inn, tourist home, rooming
house or similar establishment where sleeping accommodations are furnished
for pay to guests, lodgers, tourists, transients or travelers, whether
meals are served therein or not to such guests, lodgers, tourists,
transients or travelers.
A hotel or motel license issued under this chapter.
Includes the hotel or motel together with all other real
property and improvements appurtenant thereto owned or leased by the
licensee or one (1) or more of its officers, directors, shareholders,
partners or other principals.
The holder of the license to conduct such hotel or motel
business.
Includes an individual, or any firm, partnership, corporation
or association of persons or entity of any kind.
The register required to be maintained under § 79-10 of this chapter and § 204 of the New York General Business Law.
B.
Unless specifically defined above, all terms used
in this chapter shall be interpreted to give them the meanings they
have in common usage and to give this chapter its most reasonable
application.
No person shall engage in the business of owning
or operating a hotel or motel without first obtaining a license therefor
from the Town Clerk of the Town of Brighton as hereinafter provided.
A.
Each applicant for a license under this chapter shall
make a written application on a form supplied by the Town Clerk setting
forth:
(1)
The name, residence and postal address of the applicant
and the name under which the applicant intends to do business, if
different.
(2)
The exact location of the proposed licensed premises.
(3)
A description of the buildings, structures and accommodations
that comprise the licensed premises.
(4)
A statement of the number of lawful housing or lodging
units at said hotel or motel and the maximum number of persons that
can lawfully be accommodated in the licensed premises and each individual
unit thereof at any given time.
(5)
The number and location of the automobile parking
spaces and facilities at the licensed premises.
(6)
The name and address of the owner of the licensed
premises.
(7)
The name or names of the person or persons on the
licensed premises upon whom process may be served.
(8)
A detailed description of the register or system used
for the registration of persons to whom accommodations are extended
as required by the General Business Law of the State of New York.
(9)
Whether any person, or any partner of a partnership applicant, or any officer, director, high managerial agent or stockholder of a corporate applicant holding five percent (5%) or more of the stock thereof, or any principal of any other applicant that is not a natural person has ever been convicted of any crime listed in § 79-5 of this chapter, 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.
(10)
In the case of any applicant that is a corporation,
partnership or other entity:
(a)
The place of incorporation or establishment
of applicant.
(b)
A copy of the applicant's certificate of incorporation,
partnership agreement or other organizational documentation.
(c)
Any fictitious or assumed name under which the
applicant does business.
(d)
The names and residences of all stockholders,
partners or other principals holding five percent (5%) or more of
any stock or other interest of the applicant.
(e)
The names and residences of all officers, directors
and high managerial agents of the corporation and the office held
by each.
B.
Any hotel or motel in operation on the effective date of this chapter shall apply for a license hereunder within sixty (60) days of such effective date. Such application shall include all information set forth in Subsection A above.
C.
The licensee shall notify the Town Clerk, in writing,
of any change in information provided by the licensee in the license
application during the term of the license within ten (10) business
days of such change.
No such license shall be issued to any person
who has been convicted of any crime defined as a felony or a Class
A misdemeanor under Articles 120, 125, 130, 135, 140, 160, 220, 225
or 230 of the New York Penal Law, subject in each case to the rehabilitation
procedures under Article 23-A of the New York Correction Law, nor
shall any such license be issued to any partnership in which any general
partner shall have been convicted or to any corporation in which any
stockholder holding five percent (5%) or more of any of the stock
thereof or any director, officer or high managerial agent thereof,
or any other applicant other than a natural person, any owner or other
principal of which shall have been convicted of any crime defined
as a felony or a Class A misdemeanor under Articles 120, 125, 130,
135, 140, 160, 220, 225 or 230 of the New York Penal Law, subject
in each case to the rehabilitation procedures under Article 23-A of
the New York Correction Law.
The Commissioner of Public Works or designee
and Fire Marshal shall inspect the premises within thirty (30) days
of application to determine whether or not the licensed premises and
operation thereof comply with all applicable health, fire, safety,
construction and zoning ordinances, laws, regulations and statutes.
If the licensed premises do not comply with such regulations, the
Commissioner of Public Works or designee and/or Fire Marshal shall
so notify the Town Clerk within ten (10) days of such inspection,
who shall notify the applicant that the application is denied, setting
forth the reasons for the denial. The applicant shall have thirty
(30) days to correct any deficient condition and request a reinspection
for the purpose of securing a license.
[Amended 1-24-1996 by L.L. No. 1-1996]
The annual fee per year for said license for
licensed premises with fewer than fifty (50) units and for licensed
premises with fifty (50) or more units shall be as set by resolution
of the Town Board and on file in the Clerk's office.
A license shall be valid only to the applicant
to whom it is issued and for the licensed premises stated on the license.
No transfer of any license issued hereunder shall be permitted. Any
sale of all or substantially all of the licensed premises or the assets
of or merger or other consolidation of or any transfer of more than
fifty percent (50%) in ownership or voting interest in any licensee
that is a corporation, partnership or other entity shall be deemed
a transfer for purposes of this chapter.
The Commissioner of Public Works or designee,
the Fire Marshal and the Police Department of the Town of Brighton
shall have the authority to inspect the public area of the licensed
premises from time to time, at any hour of the day or night without
prior notice, to determine that the provisions of this chapter are
followed.
A.
It shall be a violation of this chapter for any person
to reside in any unit of any hotel or motel unless such unit and the
hotel or motel comply with all aspects of applicable section of the
Town Code, local laws and ordinances, including but not limited to
all bulk and district regulations pertaining to dwelling units.
B.
It shall be a violation of this chapter for any person
or entity to occupy a unit at any hotel or motel for the primary purpose
of operating a business from such unit or for any licensee to knowingly
permit such use. Notwithstanding the foregoing, business use of a
hotel or motel unit that is incidental to the use of such unit for
lodging purposes shall not constitute a violation of this chapter.
A.
Any license issued under this chapter shall be revoked
by the Town Clerk for any of the following causes, provided that said
licensee shall be afforded a hearing before the Town Board and notice
of such hearing prior to such a revocation:
(1)
The violation by the licensee or any officer, director,
five-percent-or-greater shareholder, high managerial agent or other
principal of licensee of any provision of this chapter or § 200
of the General Business Law of the State of New York.
(2)
Upon the recommendation of the Commissioner of Public
Works or designee or Fire Marshal, for the failure to cure any violation
of any applicable health, fire, safety, construction or zoning ordinance,
law, regulation or statute within thirty (30) days of the licensee
being notified of such violation by the Commissioner of Public Works
or designee or Fire Marshal.
(3)
Upon the recommendation of the Chief of Police, for
knowingly permitting the licensed premises to be used, alone or in
association with others, for acts constituting violation of Articles
220, 225 or 230 of the Penal Law of the State of New York or failure
to make reasonable effort to abate such use by ejecting such occupants
or other persons on or about the licensed premises, notifying law
enforcement authorities or other legal means.
(4)
False statements made in an application for a license.
B.
Notice of the hearing for revocation of a license
shall be given in writing, setting forth specifically the grounds
of complaint and the time and place of hearing. Such notice shall
be given personally or mailed by first class mail, postage prepaid,
to the licensee at his or her last known address at least five (5)
days prior to the date set for such hearing.
C.
Such license may, pending revocation proceedings,
be suspended by the Town Clerk if, in the opinion of the Commissioner
of Public Works or designee, Fire Marshal or Chief of Police, the
nature of the violation of this chapter by the licensee is such that
operation of the hotel or motel may be detrimental to the health,
safety and welfare of guests of said hotel or motel or the inhabitants
of the town. In the event of any such suspension, the licensee shall
be entitled to a hearing before the Town Board within twenty (20)
days after the suspension.
Every licensee shall post in a public and conspicuous
place and manner in the registration office or lobby of the licensed
premises a notice that a printed copy of this chapter is available
for inspection by the public in such registration office.
A.
Any licensee or person acting on behalf of a licensee who violates any provision of this chapter shall, upon conviction thereof, be punished as provided in Chapter 1, General Provisions. The continuation of each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violations may be punished as provided for above for each separate offense.
[Amended 1-24-1996 by L.L. No. 1-1996]
B.
An action or proceeding in the name of the Town of
Brighton may be commenced in any court of competent jurisdiction to
compel compliance with or restrain by injunction the provisions of
this chapter.
