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a. It shall be unlawful to operate a hotel without a license. Where no license has been obtained, there shall be a rebuttable presumption that an owner of a hotel is the operator of such hotel.
b. A license issued pursuant to this subchapter shall be valid for a term of two years. The fee for such license shall be $350.
(L.L. 2024/104, 11/4/2024, eff. 5/3/2025)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2024/104.
a. A license to operate a hotel shall be granted in accordance with the provisions of this title.
b. To obtain or renew a hotel license, a hotel operator shall file an application in such form and detail as the commissioner shall prescribe, and shall furnish the commissioner with the following:
1. The name, address, contact phone number, and electronic mail address of such hotel operator;
2. Such information as the commissioner shall require to establish that the operator has adequate procedures and safeguards to ensure compliance with this subchapter, including compliance with the staffing requirements of subdivisions a and b of 20-565.4, the safety requirements of subdivision b of 20-565.5*, the guest room cleanliness standards of subdivision c of 20-565.5*, the direct employment provisions of 20-565.6*, and the panic button provisions of 20-565.7*. The provisions of this paragraph shall be satisfied by a collective bargaining agreement that expressly incorporates the requirements of this subchapter. Such satisfaction shall continue for the longer of the duration of the collective bargaining agreement or ten years from date of the application, provided that the hotel shall notify the commissioner if such agreement is modified to remove the incorporation of the requirements of this subchapter. Nothing in this subchapter shall be deemed to diminish the rights, privileges, or remedies of any employee under any collective bargaining agreement; and
3. Such other information as the commissioner may require.
c. A Hotel license shall not be assignable, except for transfers made in accordance with section 22-510, provided that such successor hotel operator notify the commissioner of the transfer, provide all the information required by paragraph 1 of subdivision b of section 20-565.2, and makes all required submissions to the department prior to the expiration of the predecessor’s license, provided further than nothing here shall excuse noncompliance with the provisions of this subchapter.
d. A licensee who has submitted the application forms and fees required to renew their license pursuant to this subchapter shall be permitted to operate a hotel until they receive a determination from the commissioner. Failure by the commissioner to make a determination prior to the expiration date of an applicant’s license shall not be cause to cease operation of a hotel.
e. Prior to any revocation, the commissioner shall first notify the licensee of an anticipated revocation in writing and afford the licensee thirty days from the date of such notification to correct the condition. The commissioner shall notify the licensee of such thirty-day period in writing. If the licensee proves to the satisfaction of the commissioner that the condition has been corrected within such thirty-day period, the commissioner shall not revoke such license. The commissioner shall permit such proof to be submitted to the commissioner electronically or in person. The licensee may seek review by the commissioner of the determination that the licensee has not submitted such proof within fifteen days of receiving written notification of such determination.
(L.L. 2024/104, 11/4/2024, eff. 5/3/2025)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2024/104.
a. Each licensee shall conspicuously display a true copy of the license issued pursuant to this subchapter in publicly visible areas of the hotel where other legally required notices may be displayed.
b. In accordance with applicable law and rules, the commissioner may inspect a hotel for violations of this subchapter and rules promulgated thereunder.
(L.L. 2024/104, 11/4/2024, eff. 5/3/2025)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2024/104.
a. Front desk staffing.
1. Except as provided by paragraph 2 of this subdivision, a hotel operator must schedule at least one employee to provide continuous coverage of a front desk.
2. During an overnight shift, in lieu of such front desk staff, an operator of a hotel may schedule a security guard who is able to assist guests and has undergone human trafficking recognition training in accordance with this subchapter.
3. The staff required pursuant to paragraphs 1 and 2 of subdivision a of this section must be available to confirm the identity of guests checking in to such hotel.
b. Security guards.
1. Each hotel must maintain safe conditions for guests and hotel workers.
2. An operator of a large hotel must schedule at least one security guard to provide continuous coverage on the premises of such hotel while any guest room in such hotel is occupied.
c. Guest room cleanliness.
1. An operator of a hotel must maintain the cleanliness of guest rooms, sanitary facilities, and hotel common areas.
2. An operator of a hotel must provide every guest room with clean towels, sheets, and pillowcases prior to occupancy by a new guest.
3. Upon request by a guest, an operator of a hotel must replace the towels, sheets, and pillowcases of an occupied guest room.
4. An operator of a hotel must clean an occupied guest room and remove trash daily unless a guest affirmatively declines such cleaning and trash removal services. Hotels may not impose any fee or collect any charge for daily room cleaning nor offer any discount or incentive to forgo daily room cleaning.
d. Prohibition against short duration bookings. An operator of a hotel, other than an airport hotel, may not accept reservations for a guest room for a duration of less than 4 hours.
e. Prohibition against facilitating human trafficking. An operator of a hotel may not permit the premises of such hotel to be used for the purposes of human trafficking.
(L.L. 2024/104, 11/4/2024, eff. 5/3/2025)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2024/104.
a. Direct employment required for core employees. A hotel owner of a hotel other than a small hotel must directly employ all core employees, except as provided in this section.
b. A hotel operator must provide a human trafficking recognition training in accordance with section 205 of the general business law to core employees. A hotel operator must provide human trafficking recognition training to a new core employee within 60 days of employment.
c. Except for hotel owners of small hotels, contracting to any third parties for core employees, including staffing agencies or other contractors or subcontractors, is not permitted except that a hotel owner may retain a single hotel operator to manage all hotel operations involving core employees at a hotel on the hotel owner’s behalf, which includes employment of core employees of the hotel by the hotel operator. Where a hotel owner retains a hotel operator in accordance with this subsection, a hotel owner need not be a direct employer of core employees.
(L.L. 2024/104, 11/4/2024, eff. 5/3/2025)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2024/104.
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