Bill Text: NY S05615 | 2015-2016 | General Assembly | Introduced
Bill Title: Requires the New York city planning commission to hold a public community forum prior to approving the locating of a hotel in the borough of the Bronx.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CITIES [S05615 Detail]
Download: New_York-2015-S05615-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5615
2015-2016 Regular Sessions
I N S E N A T E
May 20, 2015
___________
Introduced by Sen. KLEIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities
AN ACT to amend the administrative code of the city of New York, in
relation to the establishment, construction and location of hotels in
the borough of the Bronx
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 25-111 of the administrative code of the city of
2 New York is amended by adding a new subdivision d to read as follows:
3 D. 1. FOR THE PURPOSES OF THIS SUBDIVISION, "HOTEL" MEANS A BUILDING
4 OR PORTION THEREOF WHICH IS REGULARLY USED AND KEPT OPEN FOR THE LODGING
5 OF GUESTS, AND WHICH IS LOCATED IN THE BOROUGH OF THE BRONX. SUCH TERM
6 INCLUDES AN APARTMENT HOTEL, A MOTEL, BOARDING HOUSE OR CLUB THAT
7 CONTAINS TEN OR MORE ROOMS, WHETHER OR NOT MEALS ARE SERVED.
8 2. THE CITY PLANNING COMMISSION SHALL NOT AUTHORIZE THE ESTABLISHMENT,
9 CONSTRUCTION OR LOCATION OF A HOTEL IN THE BOROUGH OF THE BRONX UNTIL
10 THE PROVISIONS OF THIS SUBDIVISION HAVE BEEN COMPLIED WITH.
11 3. NO HOTEL SHALL BE ESTABLISHED, CONSTRUCTED OR LOCATED IN THE
12 BOROUGH OF THE BRONX UNTIL THE OWNER THEREOF SHALL HAVE FILED NOTICE OF
13 SUCH PROPOSED HOTEL WITH THE CITY PLANNING COMMISSION AND THE COMMUNITY
14 BOARD OF THE LOCALITY IN WHICH THE HOTEL IS PROPOSED TO BE ESTABLISHED,
15 CONSTRUCTED OR LOCATED. SUCH NOTICE SHALL CONTAIN A DESCRIPTION OF THE
16 PROPOSED HOTEL, INCLUDING ITS LOCATION, FLOOR PLANS, THE BUILDING FOOT-
17 PRINT ON THE BUILDING PARCEL, ARCHITECTURAL RENDERINGS, NUMBER OF ROOMS
18 TO BE USED AND KEPT OPEN FOR LODGING OF GUESTS, AND A FINANCIAL PLAN TO
19 DEMONSTRATE SUCH HOTEL'S FINANCIAL VIABILITY AS A BONA FIDE HOTEL. SUCH
20 FINANCIAL PLAN SHALL DEMONSTRATE THAT THE HOTEL CAN REMAIN ECONOMICALLY
21 VIABLE AS A BONA FIDE HOTEL AND WILL NOT BECOME TRANSFORMED OR CONVERTED
22 INTO A HOTEL OR BUILDING THAT CONDONES, SANCTIONS OR ALLOWS CRIMINAL
23 ACTIVITIES INCLUDING, BUT NOT LIMITED TO, PROSTITUTION, THE SALE OR USE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11268-01-5
S. 5615 2
1 OF CONTROLLED SUBSTANCES, OR THE POSSESSION OR SALE OF STOLEN PROPERTY,
2 TO BE CONDUCTED UPON SUCH PREMISES.
3 4. NOT LESS THAN FORTY-FIVE DAYS NOR MORE THAN NINETY DAYS AFTER AN
4 OWNER'S NOTICE PURSUANT TO PARAGRAPH THREE OF THIS SUBDIVISION, THE CITY
5 PLANNING COMMISSION SHALL HOLD A PUBLIC COMMUNITY FORUM FOR THE PURPOSE
6 OF OBTAINING PUBLIC AND COMMUNITY BOARD INPUT CONCERNING THE ANTICIPATED
7 IMPACT OF THE PROPOSED HOTEL UPON THE COMMUNITY. SUCH IMPACT MAY INCLUDE
8 AND RELATE TO: (A) ANY POTENTIAL ADVERSE EFFECTS UPON THE COMMUNITY; AND
9 (B) ANY ILLEGAL ACTIVITIES WHICH MAY BE CAUSED OR CONDONED EITHER NOW OR
10 IN THE REASONABLE FUTURE, BY THE POTENTIAL HOTEL INCLUDING, BUT NOT
11 LIMITED TO, PROSTITUTION, THE SALE OR USE OF CONTROLLED SUBSTANCES, OR
12 THE POSSESSION OR SALE OF STOLEN PROPERTY. THE CITY PLANNING COMMISSION
13 SHALL AFFORD COMMUNITY MEMBERS, REPRESENTATIVES OF THE LOCAL COMMUNITY
14 BOARD, LOCAL BUSINESSES AND RESIDENTS A REASONABLE OPPORTUNITY TO SPEAK
15 ABOUT RELEVANT MATTERS AT SUCH COMMUNITY FORUM, INCLUDING COMMENTS ON
16 THE FINANCIAL PLAN OF SUCH HOTEL AND ITS ECONOMIC VIABILITY TO BECOME
17 AND REMAIN A BONA FIDE HOTEL. EVERY SUCH FORUM SHALL BE HELD UPON NOT
18 LESS THAN TWENTY DAYS NOTICE TO THE AFFECTED COMMUNITY AND THE LOCAL
19 COMMUNITY BOARD.
20 5. THE CITY PLANNING COMMISSION SHALL, PRIOR TO ESTABLISHING THE DATE,
21 TIME AND LOCATION OF THE PUBLIC COMMUNITY FORUM, CONSULT WITH AND OBTAIN
22 THE ADVICE AND CONSENT OF THE APPROPRIATE COMMUNITY BOARD, AS TO ESTAB-
23 LISHING A CONVENIENT DATE, TIME AND LOCATION TO CONDUCT THE FORUM FOR
24 THE LOCALLY IMPACTED COMMUNITY. SUCH FORUM LOCATION SHALL BE WITHIN
25 REASONABLE PROXIMITY OF THE PROPOSED HOTEL, AND IN SUITABLE FACILITIES
26 THAT PROVIDE ADEQUATE ROOM AND ACCESS TO HEAR PUBLIC COMMENTS PRESENTED.
27 6. NOT LESS THAN SIXTY DAYS, NOR MORE THAN NINETY DAYS, AFTER HOLDING
28 A COMMUNITY FORUM THE CITY PLANNING COMMISSION SHALL, AFTER DUE CONSID-
29 ERATION OF THE COMMENTS AT SUCH FORUM, EITHER APPROVE OR DENY AUTHORI-
30 ZATION FOR THE ESTABLISHMENT, CONSTRUCTION OR LOCATION OF THE HOTEL. IN
31 MAKING ITS DECISIONS, THE COMMISSION SHALL EVALUATE THE FINANCIAL PLAN
32 OF SUCH HOTEL AND ITS ABILITY TO REMAIN ECONOMICALLY VIABLE AS A BONA
33 FIDE HOTEL AND NOT BECOME TRANSFORMED OR CONVERTED INTO A HOTEL OR
34 BUILDING THAT CONDONES, SANCTIONS OR ALLOWS CRIMINAL ACTIVITIES INCLUD-
35 ING, BUT NOT LIMITED TO, PROSTITUTION, THE SALE OR USE OF CONTROLLED
36 SUBSTANCES, OR THE POSSESSION OR SALE OF STOLEN PROPERTY, ON SUCH PREM-
37 ISES.
38 7. THE CITY PLANNING COMMISSION, IN GRANTING APPROVAL FOR THE ESTAB-
39 LISHMENT, CONSTRUCTION OR LOCATION OF A HOTEL, MAY REVOKE, RESCIND OR
40 CONDITIONALLY SUSPEND AUTHORIZATION TO CONDUCT ANY BUSINESS ACTIVITY AT
41 SUCH HOTEL INCLUDING, BUT NOT LIMITED TO, ITS USE AS A HOTEL, IF IT HAS
42 BEEN SUCCESSFULLY DEMONSTRATED TO THE COMMISSION THAT SUCH HOTEL HAS
43 SYSTEMATICALLY CONDONED, SANCTIONED OR ALLOWED CRIMINAL ACTIVITIES
44 INCLUDING BUT NOT LIMITED TO, PROSTITUTION, THE SALE OR USE OF
45 CONTROLLED SUBSTANCES, OR THE POSSESSION OR SALE OF STOLEN PROPERTY, TO
46 BE CONDUCTED ON THE PREMISES THEREOF.
47 S 2. This act shall take effect on the sixtieth day after it shall
48 have become a law.
