[HISTORY: Adopted by the Town Board of the Town of Colonie
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning and land use — See Ch. 190.
[Adopted 8-6-2009 by L.L. No. 8-2009[1]]
[1]
Editor's Note: This local law also provided statutory references
to Town Law §§ 130 and 136.
It is the purpose and intent of this article 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
REGISTERED SEX OFFENDER
As used in this article, 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 and, in addition, means a member
of a limited-liability company or any other agent in a position of
comparable authority with respect to the formulation of corporate
policy or the supervision in a managerial capacity of subordinate
employees.
Any hotel or motel as defined in the Town of Colonie Land
Use Law[1] and, in addition, any other inn, tourist home, trailer
park, trailer camp, boardinghouse, rooming house, halfway house, rehabilitation
facility, prison transitional facility, or any other structure, building
or part of a building used in the business of renting rooms, individual
or several, or a 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 registered sex offender occupancy license issued under
this article.
Includes the hotel or motel as defined above, together with
all other real property and improvements appurtenant thereto owned
or leased by the licensee or one 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,
limited-liability company or association of persons or entity of any
kind.
The register required to be maintained under § 119-11 of this article and § 204 of the New York General Business Law.
A person who has been convicted of a violation of a sexual
offense, as defined by the New York State Penal Law or federal law,
and who has received a Level One, Two or Three designation as described
in Article 6-C of the New York State Correction Law, or under any
other state or federal law which would require that individual to
register as a sex offender under such respective state or federal
law.
B.
Unless specifically defined above, all terms used in this article
shall be interpreted to give them the meanings they have in common
usage and to give this article its most reasonable application.
No person shall engage in the business of owning or operating
a hotel or motel as defined herein that accepts placements, referrals
or payment by or on behalf of any federal, state or local government
or any subdivision thereof, or from any not-for-profit group, association
or entity of any type or nature, on account of providing accommodations
to one or more registered sex offenders without first obtaining a
license therefor for each hotel or motel owned or operated by the
said person from the Town Clerk of the Town of Colonie as hereinafter
provided.
A.
Each applicant for a license under this article 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 parking
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 the applicant, or any partner of a partnership applicant, or any officer, director, high managerial agent or stockholder of a corporate applicant holding 5% or more of the stock thereof, or any member of a limited-liability company, or any principal of any other applicant that is not a natural person, has ever been convicted of any crime listed in § 119-5 of this article 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)
If applicable pursuant to § 119-5 of this article, a certified copy of a certificate of relief from disabilities or certificate of good conduct granted to the applicant pursuant to Article 23-A of the New York Correction Law.
(11)
In the case of any applicant that is a corporation, limited-liability
company, partnership or other entity:
(a)
The place of incorporation or establishment of the applicant.
(b)
A copy of the applicant's certificate of incorporation, limited
liability organizational instruments, 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, members
or other principals holding 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 required to be licensed pursuant to this article in operation on the effective date of this article shall apply for a license hereunder within 30 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 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 or 160 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 or limited-liability company in which any stockholder
holding 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 or 160 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 Director of the Building Department or designee and the
Fire Inspector shall inspect the premises within 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 does not comply with such regulations, the Director of the
Building Department or designee and/or Fire Inspector shall so notify
the Town Clerk within 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 30 days to correct any deficient
condition and request a reinspection for the purpose of securing a
license.
The annual fee per year for said license for licensed premises
with 50 or fewer units and for licensed premises with 51 or more units
shall be as set by resolution of the Town Board and shall be on file
in the Clerk's office. The fee is due upon application and is nonrefundable.
A.
All licenses issued under the provisions of this article shall be
for a term of one year commencing on the date of their issuance, unless
sooner revoked pursuant to this article.
B.
All licenses shall be prominently displayed in a conspicuous place
in the lobby or registration area of the licensed premises. The license
shall be denominated as the "registered sex offender occupancy license."
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 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 article.
The Director of the Building Department or designee and the
Fire Inspector and the Police Department of the Town of Colonie shall
have the authority to inspect the public areas 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 article are followed.
Any licensed premises as defined herein shall keep for a period
of three years a register which shall show the name, residence, date
of arrival and departure of all persons provided with sleeping accommodations
at the licensed premises. The said register must be available for
inspection by the Director of the Building Department or designee,
the Fire Inspector and the Police Department of the Town of Colonie,
who shall have the authority to inspect the register from time to
time, at any hour of the day or night without prior notice, to determine
that the provisions of this article are followed.
A.
There is hereby established in the Town of Colonie an occupancy point
system applicable to licensed premises based upon and equal to the
risk level designation assigned to a sex offender by the sentencing
court pursuant to Correction Law § 168-n. For the purposes
of this article, a Level One sex offender is hereby assigned one occupancy
point; a Level Two sex offender is hereby assigned two occupancy points;
and a Level Three sex offender is hereby assigned three occupancy
points.
B.
Hotels, motels and other licensed premises as defined in this article
with 50 or fewer units are granted a total of six occupancy points.
Hotels, motels and other licensed premises as defined in this article
with 51 or more units are granted a total of nine occupancy points.
C.
Hotels, motels or other licensed premises as defined in this article
may provide accommodations to registered sex offenders up to the maximum
allowable occupancy points per day. For the purpose of example only,
a licensed premises with 50 or fewer units may only provide accommodations
to no more than two Level Three registered sex offenders at any one
time or no more than three Level Two registered sex offenders at any
one time.
It shall be a violation of this article to knowingly provide
accommodations to persons who are registered sex offenders in any
hotel or motel or other licensed premises in the Town of Colonie if
the occupancy by such registered sex offender results in the hotel,
motel or other licensed premises exceeding the maximum number of assigned
occupancy points at any one time on any given day.
A.
Any license issued under this article 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 or its designee
and notice of such hearing prior to such a revocation:
(1)
The violation by the licensee, or any officer, director, member,
partner, five-percent-or-greater shareholder, high managerial agent
or other principal of the licensee, of any provision of this article
or § 204 of the General Business Law of the State of New
York.
(2)
Upon the recommendation of the Director of the Building Department
or designee or Fire Inspector, for the failure to cure any violation
of any applicable health, fire, safety, construction or zoning ordinance,
law, regulation or statute within the time provided in the Town of
Colonie Land Use Law[1] or other applicable code after notification to the licensee
of such violation by the Director of the Building Department or designee
or Fire Inspector.
(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 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 Director of the Building
Department or designee, Fire Inspector or Chief of Police, the nature
of the violation of this article 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 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 article is available for inspection
by the public in such registration office.
A.
Specific penalties.
(1)
Any licensee or person acting on behalf of a licensee who violates
any provision of this article shall, upon conviction thereof, be punished
as follows:
(a)
Upon a first conviction: by a fine not less than $50 and not
more than $250 or by imprisonment for a period not to exceed seven
days, or by both such fine and imprisonment.
(b)
Upon a second conviction: by a fine not less than $100 and not
more than $250 or by imprisonment for a period not to exceed 10 days,
or by both such fine and imprisonment.
(c)
Upon a third or subsequent conviction: by a fine not less than
$250 or by imprisonment for a period not to exceed 15 days, or by
both such fine and imprisonment.
(d)
Notwithstanding a conviction for an offense against any provisions
or sections hereof, a person, association or corporation convicted
shall be subject to revocation of any license herein granted without
reimbursement of fees paid therefor.
(e)
Any penalties provided for in Town Law § 135.
(2)
The continuation of a violation on 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.
B.
An action or proceeding in the name of the Town of Colonie may be
commenced in any court of competent jurisdiction to compel compliance
with or restrain by injunction the provisions of this article.
Any hotel or motel or other premises required to be licensed
pursuant to this article in operation on the effective date of this
article shall have 30 days after the issuance of a license hereunder
to comply with the terms of this article.
This article shall be liberally construed so as to effectuate
the purposes described in this article. Nothing herein shall abridge
the powers and responsibilities of any police department or law enforcement
agency to enforce the provisions of this article. Nothing herein shall
be construed to abridge the emergency powers of any health department
or the right of such department to engage in any necessary or proper
activities.
If this article conflicts with any federal, state or local legislation,
then, in that instance, the more stringent law shall apply. A law
shall be determined to be more stringent if it limits the allowable
number of registered sex offenders that may reside at a hotel, motel
or other licensed premises at any one time to a lesser number of registered
sex offenders than allowed by this article.
The Town Clerk shall keep a record of all applications, the
determinations thereon and all licenses issued and their date of termination
and/or revocation and shall maintain a record for each license issued
of the reports of violation relative thereto.
If any clause, sentence, paragraph, section, article or part
of this article shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, section, article or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
[Adopted 2-26-2015 by L.L. No. 3-2015]
It is the purpose of this article to promote the public health,
safety and general welfare of guests of transient lodging providers
located within the Town of Colonie, and to ensure the continued availability
of safe, sanitary, and code-compliant transient lodging within the
Town.
A.
Occupancy of any hotel/motel, bed-and-breakfast, inn, or boardinghouse by any individual shall be limited to no more than 28 consecutive days unless such hotel/motel, bed-and-breakfast, inn, or boardinghouse has an attached restaurant; provided that such occupancy shall be allowed for more than 28 days within an extended stay unit (as defined in § 190-6), which complies with all applicable New York State and Town codes.
B.
Occupancy of any hotel/motel, bed-and-breakfast, inn, or boardinghouse
by any individual shall be limited to no more than 60 days in any
180 day period, except that such occupancy shall be allowed within
an extended stay unit.
C.
Re-registering any guest or any person sharing or staying in the
same room as a guest in the same or a different room in the same hotel/motel,
bed-and-breakfast, inn, or boardinghouse or in a hotel/motel, bed-and-breakfast,
inn, or boardinghouse owned and operated by the same entity or an
entity with any of the same members having an interest of 5% or more
shall be considered a single occupancy for the purpose of these time
limits.
D.
The occupancy limitations set forth in § 119-23A shall not apply if an individual provides photo identification as required by § 119-24 that shows that the individual has a permanent place of residence other than the hotel/motel, bed-and-breakfast, inn, or boardinghouse at which the individual is registering. The owner or operator of any hotel/motel, bed-and-breakfast, inn, or boardinghouse shall photocopy the identification required by § 119-24 and shall keep such record for a minimum of one year. This record must be available for inspection by the members of the Town of Colonie Police Department and/or Building Department, or any of them or their designees, who shall have the authority to inspect the records from time to time, without prior notice.
E.
No person or entity owning, leasing, operating or managing any hotel/motel,
bed-and-breakfast, inn, or boardinghouse shall charge or accept money
or other consideration by an hourly rate or any increment less than
one full day's room rental.
F.
In extraordinary circumstances, a person or entity owning, leasing,
operating or managing any hotel/motel, bed-and-breakfast, inn, or
boardinghouse, together with the occupant at issue, may apply to the
Town Board in writing, by submitting a written request to the Town
Clerk, for an extension of the twenty-eight-day limitation period
upon a showing by clear and convincing proof that a time extension
is required for humanitarian reasons. The application must show not
only that an extraordinary circumstance exists by clear and convincing
proof but also must show all steps that have been taken to find the
occupant suitable permanent housing elsewhere.
Every hotel/motel, bed-and-breakfast, inn, or boardinghouse
must require all adult guests to produce government-issued photo identification
at the front desk immediately upon arrival.
Any individual occupying any hotel/motel, bed-and-breakfast,
inn, or boardinghouse for any length of time must be at least 18 years
of age, unless accompanied by a parent or legal guardian. However,
a hotel/motel, bed-and-breakfast, inn, or boarding board may rent,
lease or sign a contract for the use of the unit, room, or suite to
a person under the age of 18 if the individual is part of a school
group, sports or extracurricular team, convention, corporate meeting,
pageant or other similar major contracted booking at the hotel/motel,
bed-and-breakfast, inn, or boardinghouse and a copy of the contract
is on file at the establishment available for inspection by the members
of the Town of Colonie Police Department and Building Department,
or any of them or their designees.
Every hotel/motel, bed-and-breakfast, inn, or boardinghouse
shall keep for a period of one year a register which shall show the
name, residence, date of arrival and departure of all persons provided
with lodging at the premises. This register must be available for
inspection by the members of the Town of Colonie Police Department
and Building Department, or any of them or their designees, who shall
have the authority to inspect the register from time to time, without
prior notice.
A.
A violation of this article shall be punishable by a fine of not
less than $100 nor more than $500, or 15 days in jail, or both, except
that, where the owner, lessor, operator, or agent was found to have
violated this article within the preceding five years, the fine may
be not more than $1,000. Each day that a violation continues shall
be deemed a separate offense.
B.
The Police Department and the Building Department are authorized
to issue appearance tickets for any violation of this section, and
shall be primarily responsible for the enforcement of these provisions.
If any clause, sentence, paragraph, section, article or part
of this article shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, section, article or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
