[HISTORY: Adopted by the Board of Trustees of the Village
of Lake George 8-16-2010 by L.L. No. 11-2010. Amendments noted
where applicable.]
It is the purpose and intent of this chapter to promote the
public health, safety and general welfare of the guests of dwellings
located within the Village and that of the general citizenry of the
Village.
A.
DWELLING
HIGH MANAGERIAL AGENT
LICENSE
LICENSED PREMISES
LICENSEE
PERSON
REGISTER
REGISTERED SEX OFFENDER
As used in this chapter, the following terms shall have the meanings
indicated.
Any dwelling will have the same definition as contained in
the Zoning Ordinance of the Village of Lake George[1] and will be referred to herein as hotel or motel for purposes
of this chapter and will also include 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 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,
intending to include but not limited to all of those facilities described
in § 204 of the General Business Law.
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.
A registered sex offender occupancy license issued under
this chapter.
Includes the dwellings 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, motel, or
dwelling rental 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 § 167-11 of this chapter 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 chapter
shall be interpreted to give them the meanings they have in common
usage and to give this chapter its most reasonable application.
A.
No person shall engage in the business of owning or operating an establishment as defined in § 167-2, i.e., rooming, tourist house, tourist accommodation or hotel and motel as defined in § 167-2, 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 establishment owned or operated by the said person from the Village Clerk of the Village of Lake George as hereinafter provided.
B.
In addition to all the other enforcement provisions in this chapter,
if it is determined by the Village Board or the Code Enforcement Officer
that the operation of business requiring such a license is continuing
in the Village of Lake George without the application for such license
or if any such business is operated after the determination or revocation
or expiration of such license, the Village Board may direct the Attorney
for the Village to seek injunctive relief in Supreme Court and secure
an order directing that the operation of said business be immediately
terminated pending whatever further directions may be given by the
Court issuing the injunction.
A.
Each applicant for a license under this chapter shall make a written
application on a form supplied by the Village 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
establishment 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 who 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 § 167-5 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)
If applicable pursuant to § 167-5 of this chapter, 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 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 premises required to be licensed pursuant to this chapter in operation on the effective date of this chapter 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 Village 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 Code Enforcement Officer or designee and a representative
of the Lake George Fire District 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 do not comply with such regulations, the
Zoning Enforcement Officer or designee and representative of the Lake
George Fire District shall so notify the Village 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 any licensed premises
will be set by resolution of the Village Board and on file in the
Clerk's office; the initial fee as set by the Board is $3,000.
The fee is due upon application and is nonrefundable even if a license
is not granted.
A.
All licenses issued under the provisions of this chapter shall be
for a term of one year commencing on the date of their issuance, unless
sooner revoked pursuant to this chapter.
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 chapter.
The Code Enforcement Officer or designee, a representative of
the Lake George Fire District and a peace officer of the Village of
Lake George 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
chapter 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 any representative of the Village of Lake George, including
but not limited to the Code Enforcement Officer, who shall have the
authority to inspect the register from time to time, at any time of
the day or night without prior notice, to determine that the provisions
of this chapter are followed.
A.
There is hereby established in the Village of Lake George 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 chapter, a Level 1 sex offender is hereby assigned one occupancy
point; a Level 2 sex offender is hereby assigned two occupancy points;
and a Level 3 sex offender is hereby assigned three occupancy points.
B.
Hotels, motels and other licensed premises as defined in this chapter
are granted a total of three occupancy points.
It shall be a violation of this chapter to knowingly provide
accommodations to persons who are registered sex offenders in any
hotel or motor or other licensed premises in the Village of Lake George
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 chapter shall be revoked by the Village
of Lake George for any of the following causes, provided that said
licensee shall be afforded a hearing before the Village 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 chapter or § 204
of the General Business Law of the State of New York.
(2)
Upon the recommendation of the Code Enforcement Officer, or designee,
or representative of the Lake George Fire Department or Village Constable,
if there be one, 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 Village of Lake George
Zoning Law[1] or other applicable code after notification to the licensee
of such violation by the Zoning Enforcement Officer or designee or
Village Constable, if there be one.
(3)
Upon the recommendation of the Code Enforcement Officer, or designee,
or representative of the Lake George Fire Department or Village Constable,
if there be one, 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 person 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 Village Clerk if, in the opinion of the Code Enforcement Officer
or designee, or representative of the Lake George Fire Department,
the nature of the violation of this chapter by the licensee is such
that operation of the hotel or motel or the inhabitants of the Village.
In the event of any such suspension, the licensee shall be entitled
to a hearing before the Village Board within 20 days after the suspension.
Every licensee shall post in a public and conspicuous place
and manner in the registration office or other conspicuous place on
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 follows:
(1)
Upon a first conviction, by a fine not less than $350 or by imprisonment
for a period not to exceed seven days, or by both such fine and imprisonment.
(2)
Upon a second conviction, by a fine not less than $500 or by imprisonment
for a period not to exceed 10 days, or by both such fine and imprisonment.
(3)
Upon a third or subsequent conviction, by a fine not less than $1,000
or by imprisonment for a period not to exceed 15 days, or by both
such fine and imprisonment.
(4)
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.
B.
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.
C.
An action or proceeding in the name of the Village of Lake George
may be commenced in any court of competent jurisdiction to compel
compliance with or restrain by injunction the provisions of this chapter.
Any hotel or motel or other premises required to be licensed
pursuant to this chapter in operation on the effective date of this
chapter shall have 30 days after the issuance of a license hereunder
to comply with the terms of this chapter.
This chapter shall be liberally construed so as to effectuate
the purposes described in this chapter. Nothing herein shall abridge
the powers and responsibilities of any police department or law enforcement
agency to enforce the provisions of this chapter. 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 chapter 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 the hotel, motel
or other licensed premises at any one time to a lesser number of registered
sex offenders than allowed by this chapter.
The Village Clerk shall keep a record of all applications, the
determinations thereof 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 chapter 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.
This chapter shall take effect immediately upon filing of this
chapter with the Department of State.
