[HISTORY: Adopted by the Town Board of the Town of Newfane 3-23-1988 by L.L. No. 1-1988 (Ch. 5 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 270.
A. 
For purposes of this chapter, any establishment which lets rooms for hire for transient occupancy and which is not a hotel or motel, as defined by Chapter 270, Zoning, of the Code of the Town of Newfane, is considered a bed-and-breakfast establishment and subject to this chapter.
B. 
For purposes of this chapter, "transient occupancy" shall be defined as occupancy for hire for a period of 30 consecutive days or less.
A. 
No person, firm, corporation, association, partnership or any other entity or business shall operate a bed-and-breakfast establishment without first having obtained a permit from the office of the Building Inspector of the Town of Newfane. No bed-and-breakfast establishment shall exceed its maximum occupancy as established by this chapter at any time. No bed-and-breakfast establishment shall operate at any time in violation of the provisions of this chapter.
B. 
The form of the permit and the application therefor shall be prescribed by a resolution of the Town Board. The application shall state the information required thereby together with a drawing of the building floor plan (to scale), which drawing shall designate rooms for use by guests and shall designate exits and access to exits.
C. 
The application shall be signed by the owner of the premises and shall contain at least the following:
(1) 
The name and address of the owner.
(2) 
The name and address of the operator if different from the owner.
(3) 
The street address of the premises for which the permit is sought.
A. 
Before a permit may be issued, the following requirements shall be fulfilled:
(1) 
The premises shall be inspected by the Building Inspector or his deputy. The Building Inspector shall notify the local Fire Chief of the pending inspection.
(2) 
Each dwelling shall have exits clearly marked.
(3) 
Each dwelling shall have adequate exits (number, location and size) for the maximum number of guests which can be housed, pursuant to this chapter, in the dwelling.
(4) 
Each guest room shall have a functioning smoke detector.
(5) 
Each guest room shall have written information, clearly posted, showing location of all means of exiting the building in the event of an emergency.
(6) 
Each establishment shall have available for use by a guest one audio-visual-type smoke detector, and the availability of the same shall be clearly posted in a conspicuous place.
(7) 
Each establishment shall have a minimum of one fire extinguisher (2A-10BC rated) on each floor with sleeping quarters and may be, in the discretion of the Building Inspector, required to have additional such fire extinguishers available.
(8) 
The required fee shall be paid to the office of the Building Inspector.
B. 
Additional requirements.
(1) 
Maximum occupancy for each establishment shall be limited to six guest persons for each full bathroom available in the dwelling, up to a maximum of 10 guest persons per dwelling.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Occupancy shall not exceed two adults per guest room, except that a bunk room may be permitted, provided that the number will not exceed the permitted maximum occupancy as measured by one full bathroom for each six persons to occupy the dwelling, there is a regulation-sized single bed or bunk available to each person to occupy such bunk room and there are adequate emergency exits available for the occupants of each such room.
(3) 
Each permit shall be renewed annually.
(4) 
A separate permit is required for each bed-and-breakfast establishment.
(5) 
The permit issued by the Building Inspector shall be posted in a conspicuous place at all times.
(6) 
The Building Inspector shall keep a directory setting forth a current listing of all premises for which a permit has been issued.
(7) 
The issuance of a permit under this chapter shall in no way excuse or waive compliance with all provisions of Chapter 270, Zoning, of the Code of the Town of Newfane, or relieve the owner or operator from fully complying with all provisions of Chapter 270, Zoning, and shall not be evidence of compliance with the provisions of Chapter 270, Zoning.
The fee for the permit hereby required shall be established periodically by the Town Board by resolution, which fee shall be incorporated herein and made part hereof.
Any person, corporation, business, association, firm, partnership or bed-and-breakfast establishment found to be operating in violation of any provision of this chapter shall be guilty of a violation and shall be subject to a fine not exceeding $250 or imprisonment not exceeding 15 days, or both such fine and imprisonment. Each day a violation exists shall be considered a separate violation.