(a) Provided the application is complete, the Administrator shall issue a new permit, or grant the renewal of a permit, except as provided in subsections (b) or (c) of this section, which require the Administrator to deny any application for a new permit, or renewal of a permit, and except as provided in subsections (d) and (e) of this section, under which the Administrator may deny any application for a new permit, or renewal of a permit.
(b) The Administrator shall deny any application for a new permit, or renewal of a permit, if any of the following are shown to exist or have occurred at the hotel, motel, and/or tourist home property:
(1) The applicant makes a material misrepresentation of fact on the application;
(3) Any owner, applicant, operator, manager or resident agent of the property is shown to have been convicted of the act of prostitution or soliciting for prostitution, on the premises of the hotel, motel and/or tourist home in question, or any hotel, motel and/or tourist home in which that individual has any interest, including, but not limited to, ownership, licensure, or management.
(c) The Administrator shall deny any application for a new permit, or renewal of a permit, if the applicant is delinquent to the city, county or state for any taxes, or indebted to the city, county or state for any other reason unless the delinquency or indebtedness is the subject of pending litigation.
(d) The Administrator may deny any application for a new permit, or renewal of a permit after consultation with the City of Battle Creek Inspections, Police, and/or Fire Departments, if any of the following are shown to have occurred at the property:
(1) The property has outstanding orders from the City of Battle Creek that have not been corrected for six months or more, including but not limited to, orders regarding:
A. Bed bugs, cockroaches, rats, mice, flies, and any other insects or vermin;
B. Mold;
C. Heating, cooling, and ventilation;
D. Water supplies, including drinking water and hot and cold availability;
E. Lavatories, baths, and sewage;
F. Electricity;
G. Adequate lighting;
H. Pools and spas;
I. Housekeeping practices and policies;
J. Refuse removal;
K. Defective locks;
L. Non-functional smoke or fire suppression systems; or
M. Severe structural defects.
(2) The property fails to meet accessibility requirements required by the Americans with Disabilities Act (ADA);
(3) The owner, applicant, operator, manager or resident agent has obstructed or interfered with correction of the violations, or is party to pending enforcement actions related to the property; or
(4) The owner, applicant, operator, manager or resident agent has hindered or prevented any inspection of the property authorized by Section 818.08
of this Chapter.
(5) The owner, applicant, operator, manager or resident agent of the property has previously violated this chapter by operating without a permit.
(6) A calls-for-service-ratio of 1.0 or greater over any 12 consecutive-month period within the last twenty-four months from the application and/or renewal date.
(7) Three or more violations of the § 15 Rules and Regulations (818.15
) within a 12 consecutive month period over the last twenty-four months from the application and/or renewal date.
(e) Upon the written recommendation of the City of Battle Creek Inspections, Police, and/or Fire Departments, the Administrator may prohibit the renting of accommodations until all violations and orders stemming from such guestrooms or spaces have been remedied.
(f) Any attempt to rent accommodation(s) described in above subsection (e), or any failure to remedy all violations or orders for such guestrooms or spaces within three months, shall be deemed a violation under Section 818.09
(d)(4).
(g) The Administrator may deny any application for a new permit, or renewal of a permit, if a written objection detailing the reason for objection is submitted by the City of Battle Creek Inspections, Police and/or Fire Departments and the Administrator concludes that issuance or renewal of the permit would be detrimental to the public welfare.
(Ord. 04-2020. Passed 10-6-20.)