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LL 06 Hotel & Motel Reg. Sex Offender Occupancy License Law STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA DAVID A. PATERSON 99 WASHINGTON AVENUE LORRAINE A. CORTES-VAZQVEZ GOVERNOR ALBANY, NY 1 2231-0001 SECRETARY OF STATE April 26, 2010 Karen A O'Brien r Deputy Town clerk 1 742 Bay Road Queensbury NY 12804-5902 RE: Town of Queensbury, Local Law 5, 6 & 7,2010, filed on April 26,2010 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.ny.us. Sincerely, State Records and Law Bureau (518) 474-2755 WWW.DOS.STATE.NY.US - E-MAIL:INFO@DOS,STATE.NY.US Darleen Dougher From: Dave Hatin Sent: Wednesday, May 26_2010 9:08 AM To: Queensbury Town Supervisor Dan Stec;Town Board; Darleen Dougher Subject: Sex Offenders I verified all sex offenders have vacated all Queensbury Hotels/Motels and I have also signed up for emails alerts for the addresses of these Hotel/Motels commonly frequented by sex offenders so we can be notified if those addresses are used by them. Should make tracking them much easier if the email alert system works. I will periodically check the registry and with Warren County Officer Paul Wells to verify locations i Z��cal �CrWz�'Zng NEW YORKSTATE DEPARTMENT OF STATE 41 STATE STREET ALBANY,NY 12231 (Use this form-to file a local law with the Secretary of State.) Text of law should be given as amended. .-Do not include matter being eliminated and do not use italics or underlining to indicate.new matter. XN=ty xxtyx Town of-----------------�U E EN S B U R Y----------------------------------------------------- xVN�e . 6 Local Law No.------------------------------------ of the year 2,0 Q__ A local law_.__:LO_AMEI�Il__QIlEEI�S�CI�Y___CQ1V..CODE__BY__ADDING_ NEW CHAPTER ----------------------- "HOTEL_ LND MOTEL REGISTERED SEX i Y_ I C E N S E_LAW"------------------------------ ----------- I Be it enacted'by the -----I�T� OWI�N_j B��O�ARD--------------------------------------------------------------- of the of----=---------------QU EEN S B URY-------------------------------------------------- 8S follows Zbwn ' VHfige GENERAL REFERENCES §44-1 Purpose and.intent. It is the purpose and intent of this Local Law 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. § 44 2 Definitions. As used in this Local Law, the following terms shall have the meanings indicated. HIGH MANAGERIAL AGENT The same meaning as set forth in New Yprk State Penal Law §20.20, 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. (If additional space is needed,attach:pages/the same size as this sheet,and numbereach.) OS-239(Rev.11/99) `�l HOTEL or MOTEL Any Tourist Accommodation or Housekeeping Cottage as defined in the Zoning Ordinance of the Town of Queensbury, and any other inn, tourist home, trailer park, trailer camp, boarding house, 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 be limited to all of those facilities described in New York State General Business Law §204. LICENSE A Registered Sex Offender Occupancy License issued under this Local Law. LICENSED PREMISES 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 (1) or more of its officers, directors, shareholders,partners or other principals. LICENSEE The holder of the License to conduct such Hotel or Motel business. PERSON Includes an individual, or any firm, partnership, corporation, limited liability company or association of persons or entity of any kind. REGISTER The register required to be maintained under §44-11 of this Local Law and New York State General Business Law §204. REGISTERED SEX OFFENDER 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 Two (2) or Three (3) designation as described in New York State Correction Law Article 6-C 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. Unless specifically defined above, all terms used in this Local Law shall be interpreted to give them the meanings they have in common usage and to give this Local Law its most reasonable application. (2) §44-3 License required. No person shall engage in the business of owning or operating an establishment as defined in §44-2, i.e., rooming, tourist house, tourist accommodation or Hotel and Motel as defined in §44- 2 that accepts placements, referrals or payment by or on behalf of any Federal, State or Local government or any subdivision thereof, or front any not-for-profit group, association or entity of any type or nature, on account of providing accommodations to one (1) or more registered sex offenders without first obtaining a License for each establishment owned or operated by such person from the Town of Queensbury Town Clerk as hereinafter provided. In addition to all the other enforcement provisions in this law, if it is determined by the Town Board or the Director of Building and Codes Enforcement that the operation of a Hotel or Motel requiring such a License is continuing in the Town of Queensbury without such License or if any such Hotel or Motel is operated after the determination or revocation or expiration of such License, the Town Board may direct Town Counsel to seek Injunctive Relief in Supreme Court and secure an Order directing that the operation of such Hotel or Motel be immediately terminated pending whatever further directions may be given by the Court issuing the Injunction. § 44-4 Application for License. A. Each applicant for a License under this Local Law 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 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 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 New York State (3) General Business Law. (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 five percent (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 §44-5 of this Local Law, 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 in accordance with §44-5 of this Local Law, a certified copy of a certificate of relief from disabilities or certificate of good conduct granted to the applicant in accordance with New York State Correction Law Article 23-A. (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 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 premises required to be Licensed in accordance with this Local Law which are in operation on the effective date of this Local Law shall apply for a License hereunder within thirty (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 ten (10) business days of such change. § 44-5 Criminal convictions barring issuance of License. ----- ----------- - No License shall be issued to any person who has been convicted of any crime defined as a felony or a Class A misdemeanor under New York State Penal Law Articles 120, 125, 130, 135, (4) 140 or 160, subject in each case to the rehabilitation procedures under New York State Correction Law Article 23-A, nor shall any 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 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 New York State Penal Law Articles 120, 125, 130, 135, 140 or 160, subject in each case to the rehabilitation procedures under New York State Correction Law Article 23-A. §44-6 Investigation; issuance of License. The Director of Building and Codes Enforcement (Director) or his or her designee and a representative of the Queensbury 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 Director or designee and representative of the Queensbury 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 re-inspection for the purpose of securing a License. § 44-7 License Fee. The annual fee per year for a License for any Licensed premises will be set by Town Board Resolution and will be on file in the Town Clerk's Office. The initial fee as set by the Town Board is $3,000. The fee is due upon application and is non-refundable even if a License is not granted. § 44-8 Term of License; display required. A. All Licenses issued under the provisions of this Local Law shall be for a term of one (1) year commencing on the date of their issuance, unless sooner revoked in accordance with this Local Law. 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. C. Licenses shall be in a form approved by the Town Board and will be issued by the Town Clerk, The License shall be at least 11" x 17" and will include the name of the Licensed -- Premised, the Words, "HOTEL AND MOTEL REGISTERED SEX OFFENDER OCCUPANCY LICENSE" and reference the NY State Registry. The Town Board may designate the color of the License and may change such color from year-to-year. Every .Licensee shall provide that a printed copy of this Local Law is available for inspection by the public in such registration office. (5) D. A License may not be altered in any manner. § 44-9 Transfer of 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 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 Local Law. §44-10 Inspection of premises. The Director of Building and Codes Enforcement or designee and a representative of the Queensbury Fire Marshal 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 Local Law are followed. § 44-11 Register. Every Licensed Premise shall keep a register which shall show the name, residence, date of arrival and departure of all persons provided with sleeping accommodations at the Licensed premises. Such register must be available for inspection by any representative of the Town of Queensbury, including but not limited to, the Director of Building and Codes Enforcement, 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 Local Law are followed. Such records shall be maintained by the Licensed Premises for a period of three (3) years. § 44-12 Occupancy Points. A. There is hereby established in the Town of Queensbury 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 in accordance with New York State Correction Law §168-n. For the purposes of this Local Law, a Level Two (2) sex offender is hereby assigned two (2) occupancy points and a Level Three (3) sex offender is hereby assigned three (3) occupancy points. B. Hotels, Motels and other Licensed Premises as defined in this Local Law are granted a total of five (5) occupancy points. 44-13 Prohibited uses. It shall be a violation of this Local Law to knowingly provide accommodations to persons who are registered sex offenders in any Hotel or Motel or other Licensed premises in the Town of Queensbury if the occupancy by such registered sex offender results in the Hotel, Motel or other (6) Licensed premises to exceed the maximum number of assigned occupancy points at any one time on any given day. § 44-14 Suspension or revocation of License; hearing. A. Any License issued under this Local Law shall be revoked by the Town of Queensbury for any of the following causes, provided that the Licensee is afforded a hearing before the Town Board or its designee, and notice of such hearing be made prior to such evocation: (1) The violation by the Licensee or any officer, director, member, partner, five- percent (5%) or greater shareholder, High Managerial Agent or other principal of Licensee of any provision of this Local Law or New York State General Business Law §204. (2) Upon the recommendation of the Director of Building and Codes Enforcement, the Town Zoning Administrator, or the Queensbury Fire Marshal 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 Queensbury Zoning Law or other applicable code after notification to the Licensee of such violation. (3) Upon the recommendation of the Director of Building and Codes Enforcement, or designee, or representative of the Queensbury Fire Marshal, for knowingly permitting the Licensed Premises to be used, alone or in association with others, for acts constituting violation of New York State Penal Law Articles 220, 225 or 230 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 the address provided in the application for License 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 Director of Building and Codes Enforcement or Queensbury Fire Marshal, the nature of the violation of this Local Law by the Licensee is such that operation of the Hotel or Motel may be detrimental to the health, safety and welfare of guests of such 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. (7) §44-15 Penalties for offenses. A. Any Person, including but not limited to any Licensee, who violates any provision of this Local Law shall, upon conviction thereof, be punished as follows: (1) Upon a first conviction, by a fine not less than $250 or by imprisonment for a period not to exceed seven (7) days, or both. (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. (3) Upon a third or subsequent conviction, by a fine not less than $950 or by imprisonment for a period not to exceed 15 days, or by both. (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. (5) Any penalties provided under the Town Zoning Ordinance Article. 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 Queensbury may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the provisions of this Local Law. § 44-16 Pre-existing Use. Any Hotel or Motel or other premises required to be Licensed in accordance with this Local Law in operation on the effective date of this Local Law shall have thirty (30) days to obtain a License hereunder and to comply with the terms of this Local Law. § 44-17 Interpretation. This Local Law shall be liberally construed so as to effectuate the purposes described herein. Nothing herein shall abridge the powers and responsibilities of any police department or law enforcement agency to enforce the provisions of this Local Law. 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. § 44-18 Conflicts. If this Local Law 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 (g) 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 allowed by this Local Law. § 44-19 Records. The Town 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. § 44-20 Severability. If any clause, sentence, paragraph, section, article or part of this Local Law 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. (9) (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) (Final adoption by local legislative body only.) hereby certify that the local law annexed hereto, desiggnnated as local law No. --------------- _______________ of.201.0_ f the�( )(Town) 1�} e)of-____4_�7NS_B_URY ___ _ _ _ was duly passed by the TA"Kr ----------------- ono---c-----___-__ 2010_,in accordance with the applicable provisions of law. 'ame o/Legislarive body) (passage by local legislative body with approval,no disapproval or.repassage.after disapproval by the Elective Chief Executive Officer*.) iereby certify that the local law annexed hereto,designated as local law No. ----------------------------------- of 20------ 'the(County)(City)(Town)(Village)of----------------------------------------------------------------- was duly passed by the -------------------------------------------- on------------------ 20 _,._,and was(approved)(not approved)(repassed after. me of Legisla6vc Body) ,approval) by the-------------------------------------------------- and was deemed duly adopted on -----__----------- 20_--_, (Ekedive ChiefExec"ve Officer') accordance with the applicable provisions of law. (Final adoption by referendum.) ereby certify that the local law annexed hereto,designated as local law No- -----------------------------------.cif_20--__-_ the (County)(City)(Town)(Village)of----------------------------------------------------------------- was duly passed by the ----------------------------------------------- on------------------ 20----,and was(approved)(not approved)(repassed after te efLegislanve Body) approval)by the------------------------------------------------- on------------------- 20----. Such local law was submitted (Elective ChiefExeeutive Officer*) hepeople by reason of a (mandatory)(permissive)referendum,and received the affirmative vote of a majority of qualified electors voting thereon at the(general)(special)(annual).election held on------------------ 2a-__ ,in ordance with the applicable provisions of law. ;Subject to permissive referendum and final adoption because no valid.petition was filed requesting. -eferendum.) reby certify that the local law annexed hereto,designated as local law No- ___________________________________ of 20-_____ ie (County)(City)(Town)(Village)of-----------------------------------------------------------------was duly-passed by the _____________________________ on-------------------20____ ,and was(approved)(not approved)(repassed after o/Legiskave body) pproval)by the-------------------------------------------------- qn------------------ 20---.. Such local law was subject to (Elective Chic/Executive Officer*) nissive referendum and no valid petition requesting such referendum•was filed as of----.------------- 2Q___ ,in ordance with the applicable provisions of law. ctive Chief Executive Officer means or includes the chief executive officer of.a county elected on a county- le basis or, If there be none, the chairperson of the county legislative body,the mayor of a city or village, or supervisor of a town where such officer is vested with the power to approve-or veto local laws or ordinances. .00) 5. (City local lbw concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto,designated as local law No- -----=----------------------------- of 20------ of the City of--------------------------------------------- having been submitted to referendum pursuant to the provisions•of section (36)(37)of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general)election-held on-------------------20----, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto,designated as local law No- -----------------------_---------- of20------ :)f the County of---------------------------------------------------- State of New York,having been submitted to the electors it the General Election of November----------------------20----,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cit- es of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit +oting at said general election,became operative. f any other authorized form of final adoption has been followed,please provide an appropriate certification.) further certify that I have compared the preceding local law with the original on file in this office and that the same a correct transcript therefrom and of the whole of such original local law,and was finally adopted in the manner in- icated in paragraph-I--------,above. Clerkof the County iegislative.bodygMy,,Town or Yago Clerk or offi=desiguated by local legislative body !Seal) Date: Apra 1 20, 2010 - ertirication to be executed by County Attorney,Corporation Counsel,Tbwn Attorney;Village Attorney or ier.authorized attorney of locality.) ATE OF NSW YORK JNTYOF WARREN he undersigned,hereby certify that the foregoing local law contains the correct text and that all proper proceedings ,e been had or taken for the enactment of the local law annex hereto. Signature Cathi L. Radner TOWN COUNSEL Titie • witty ' of n�IFFN�Ri]RY Town X�lliavge Date: Apri I 9n. 9010 (11 )