Gates, N.Y., Code of Ordinances ch. 148 (eCode360 ed. 2026) § 148-7

A. Application for permit. (1) It shall be unlawful and a violation of this chapter for any owner of any short-term rental property or rental dwelling unit in the Town of Gates to establish, maintain, use, let, lease, rent or suffer or permit the occupancy of such short-term rental property or rental dwelling unit without first obtaining and thereafter maintaining in full force and effect a valid short-term rental property permit from the Building Inspector. An owner shall obtain a short-term rental permit under this section in addition to a rental property permit and certificate of compliance under §§ 148-4 and 148-6 if that owner's property is being used as a short-term rental property as defined herein. (2) Application for a short-term rental permit shall be made by the owner to the Building Inspector on forms available in the office of the Building Inspector. Applicants shall provide such information and documents as may be required in the discretion of the Building Inspector, but which shall include the following: (a) The names, permanent residence addresses and telephone numbers of all owners of the premises. (b) The names and permanent residence addresses of all expected tenants known at the time of application, which shall be supplemented prior to permitting the occupancy of any tenant whose information was not provided to the Building Inspector at the time of application. (c) Written acknowledgement of receipt of the Town's code of conduct that tenants will be expected to abide by. The Building Inspector shall provide said code of conduct to the owner, who shall post a copy of said code in a conspicuous place at the rental property during all rental occupancies. (d) A copy of a posting of emergency contact information, which shall be posted in a conspicuous place at the property during all rental occupancy. Such information shall include the name, addresses and phone numbers of the building owner(s) and instructions on dialing 911 for emergency/fire/ambulance assistance. B. Issuance of permits. (1) The Building Inspector shall review or cause to be reviewed applications for permits, together with documents filed therewith, and if in compliance with the applicable provisions, rules and regulations of this chapter, a permit may be issued by and bear the name and signature of the Building Inspector. A permit so issued shall be issued to the owner(s) of the subject rental property, and only one permit shall be required for multiple rental dwelling units located at premises bearing the same tax account number. Fees collected shall be as specified on the Town of Gates Fee Schedule, as approved from time to time by Town Board resolution. (2) A record of all permits issued pursuant to this chapter shall be kept in the office of the Code Enforcement Officer. (3) Supplement to application required upon change of information. Upon any change to any information provided to the Building Inspector by an applicant pursuant to this chapter, including but not limited to changes of address or telephone numbers, such applicant shall provide written notice of the change and updated information to the Building Inspector within 90 days of said change. (4) A short-term rental property permit issued pursuant to this chapter shall remain valid for a period of one year from the date of issuance, unless sooner terminated pursuant to this chapter. Upon expiration or termination of a permit, the owner shall apply for and obtain a new short-term rental property permit prior to permitting subsequent short-term rental occupancy. C. Grounds for possible denial or revocation of short-term rental property permit. The Building Inspector may deny or revoke a short-term rental property permit on any of the following grounds: (1) The application does not comply with the provisions of this chapter. (2) The applicant has failed to obtain a valid standard rental properties permit and subsequent certificate of compliance under §§ 148-4 and 148-6 herein. (3) The applicant has falsified or failed to provide information of substantial and material import in the application. (4) The applicant has had a short-term rental permit revoked for cause during the calendar year immediately preceding the date of the application or during the calendar year in which the application is made. (5) The applicant or any tenant violated any provisions of the Code of the Town of Gates during the calendar year immediately preceding the date of the application or during the calendar year in which the application is made. D. Appeals. (1) If the Building Inspector denies or revokes a short-term rental property permit, he or she shall notify the applicant in writing. Such notice shall include or be accompanied by a statement reciting the ground or grounds for the denial or revocation. (2) An applicant may appeal from such denial or revocation by filing a written request for an appeal hearing before the Town Board of Zoning Appeals. Such request shall be filed with the Town Clerk. The Town Clerk shall give the appealing party at least five days' written notice of the time and place of the appeal hearing. (3) At the appeal hearing, the Board of Zoning Appeals shall give the appealing party an opportunity to be heard. In all cases, the burden of proof to show that the determination of the Building Inspector was arbitrary, capricious or in excess of this authority shall be upon the appealing party. The decision of the Board of Zoning Appeals on such appeal shall be final and conclusive.