HOMELESS SHELTERS AND BOARDING AND LODGING HOUSES

§ 124.10 ANNUAL LICENSE REQUIRED; POSTING OF LICENSE.

   (A)   No person, firm or corporation shall own or operate a shelter on any premises within the city unless an annual license for the operation of a shelter has been applied for and issued by the Director for the premises and the license remains in effect in conformity with the provisions of this subchapter.

   (B)   Any license issued under this subchapter shall be valid from the date of issuance until the next occurring September 1, whether or not the next occurring September 1 is within the same calendar year as the grant of the license, unless the license has been suspended or revoked.

   (C)   Each owner or operator of a shelter licensed under this subchapter shall post the operator’s license, in a conspicuous place at or near the entrance to such shelter so that it may be easily read at any time.

   (D)   Application for renewal of a license shall be made at least 90 days, but not before 210 days, before the expiration of the current license.

   (E)   If the renewal application and/or the annual fee are not tendered in a timely fashion, the Director shall serve notice to the operator that the failure to submit the renewal application and/or the annual fee within ten business days will be deemed an abandonment of the license as of the above-referenced renewal deadline. Service of the notice required by this section shall be deemed complete upon certified mailing, return receipt requested or personal delivery.

   (F)   The services of the multi-service shelter shall be subject to the requirements of this subchapter only for the programs and services related to the operation of the homeless shelter. Notwithstanding the foregoing, a multi-service shelter must comply with § 124.13(A)(18).

(1984 Code, § 117.02) (Ord. O-05-20, passed 2-11-2020; Ord. O-21-24, passed 8-27-2024)

§ 124.11 ANNUAL APPLICATION FOR LICENSE; INVESTIGATION; FEE.

   (A)   Each annual application to the Director for a license to operate a shelter shall be in writing, notarized and shall be in the form prescribed by the Director. The application, at a minimum, shall set forth:

      (1)   The name, address and phone number of the applicant;

      (2)   The organizational documents and by-laws of the organization showing its business address, email address and telephone number;

      (3)   The names, addresses, email address and phone numbers of each member of the board of directors and key personnel responsible for the day-to-day operation of the facility if the applicant is a corporation;

      (4)   The designation of a registered office and registered agent (who regularly works at the registered office) located in Kenton County, Kentucky which registered agent shall be its representative for the service of process or notice under this subchapter;

      (5)   The location for which the permit is desired; a zoning permit and a certificate of occupancy listing the maximum allowable occupancy;

      (6)   If the applicant is not the owner of record of the real property on which the shelter is located or to be located, the application shall include the name and address of the owner of record of the real property, and a copy of lease or other agreement authorizing use of the property by applicant;

      (7)   A management plan describing:

         (a)   Staffing: number, training and qualifications;

         (b)   Participation in the Kentucky Homelessness Management Information System (KYHMIS) or such other HMIS as determined by order of the City Board of Commissioners upon recommendation of the City Manager; and

         (c)   Shelter policies required pursuant to § 124.13.

      (8)   The notarized statement of the executive director that all owners, officers, directors and employees that have direct contact with a child at the shelter do not have a criminal record involving a felony violation of any crime against a minor, or an equivalent law of another jurisdiction within ten years next preceding the date of application, or any violation of this subchapter. Licensed shelters serving minors who are required to abide by KRS 17.165 may satisfy this standard by producing a current child caring or placing license;

      (9)   Boarding and lodging house applications shall provide the following additional information:

         (a)   Resident/client profile (population to be served);

         (b)   Site plan and floor plans;

         (c)   Rules of conduct and business management plan;

         (d)   Support services to be provided and projected staffing level, if any; and

         (e)   Proposed maximum stay for each resident.

      (10)   This licensure requirement shall apply in addition to licensure of boarding and lodging house licensed by the Commonwealth of Kentucky under KRS 216B.305 et seq.

   (B)   A nonrefundable fee of $100 shall accompany the application for a shelter. A nonrefundable fee of $150 shall accompany the application for a campus.

   (C)   (1)   An annual application for a license must be made for each separate shelter or campus.

      (2)   When an application is received by the Director, the Director shall refer a copy of the application to the appropriate city agencies, which shall within ten business days of their receipt of the license application cause the facilities to be inspected to determine if the facilities meet the zoning, health, sanitation, structural, fire, property maintenance and fire safety requirements set out in any applicable state and local laws, and report such information to the Director within ten business days of such inspection.

         (a)   A food establishment inspection shall not be required at the time of application for a shelter license if the Northern Kentucky District Health Department conducted such an inspection at the shelter location within the six months prior to the application, or if the shelter does not have cooking facilities.

         (b)   The Northern Kentucky District Health Department will advise the Director in writing as to whether a food establishment inspection is required for the shelter license application.

   (D)   A license to operate a shelter shall be issued to the applicant by the Director within ten business days after receipt of the inspection reports required by division (C) above, if the application is fully and accurately completed and if the required inspections reveal that the shelter meets the zoning, health, sanitation, structural, fire and safety requirements of any currently applicable federal, state and local laws as may be amended from time to time. However, no license shall be issued by the Director if any one of the following is found to be true:

      (1)   The applicant or any of its owners, officers, directors or employees that have direct contact with a child at the shelter has a felony violation of any crime against a minor, or an equivalent law of another jurisdiction within ten years next preceding the date of application, or any felony conviction for any crime involving physical abuse or sexual abuse, or any violation of this subchapter;

      (2)   An applicant is delinquent in the payment to the city of taxes, fees, fines or penalties assessed against or imposed upon the applicant in relation to a shelter;

      (3)   The license fee required by division (B) above has not been paid;

      (4)   The proposed shelter is located in a zoning district other than a district in which shelters are allowed to operate under the applicable zoning regulations of the city; or

      (5)   The applicant’s premises have been found by the Director to not be in compliance with laws or regulations of any applicable federal, state or local governments.

   (E)   In the event of denial, the Director shall notify the applicant in writing of the reasons for such denial. Said notice shall be mailed, certified mail, return receipt requested, within ten business days after the Director receives the inspection reports required by division (C) above.

   (F)   In the event the inspection required by this section is not completed within the timeframe set forth in division (C) above or if the Director fails to notify the applicant in writing of the reasons for denial of the application in the manner prescribed in division (E) above, then the application will be deemed to be granted and the shelter authorized to operate until such time as all required inspections have been completed, the Director has received the required reports, and the applicant receives notice of the Director’s decision on the application by certified mail, return receipt requested.

(1984 Code, § 117.03) (Ord. O-05-20, passed 2-11-2020; Ord. O-21-24, passed 8-27-2024)

§ 124.12 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.

   Each separate shelter shall be in compliance with any currently applicable laws and regulations of the federal, state or local governments, as may be amended from time to time including, but not limited to:

   (A)   The International Property Maintenance Code (IPMC) 2015, National Fire Protection Association (NFPA) Life Safety Code, National Fire Protection Association (NFPA) 1 Fire Code;

   (B)   The city’s Zoning Code;

   (C)   Occupancy limits established by the local building official and the city’s Fire Department;

   (D)   The provisions of KRS 17.545 unless the shelter excludes registered sex offenders; and

   (E)   Laws or regulations on nondiscrimination, zoning, building, safety, occupancy limits, property maintenance, food sanitation, health and sanitation, fire, electrical, plumbing, mechanical, reporting the dependency, abuse or neglect of minor children and other applicable laws.

(1984 Code, § 117.04) (Ord. O-05-20, passed 2-11-2020)

§ 124.13 DUTIES OF OPERATOR.

   (A)   In addition to being in compliance with any currently applicable laws and regulations of the federal, state or local governments required by § 124.12, it shall be the duty of the operator of a shelter licensed under this subchapter to:

      (1)   Maintain the health and safety standards set out herein or in any currently applicable laws or regulations of the federal, state or local governments as may be amended from time to time;

      (2)   Have a criminal record check performed on all employees having direct contact with a child at the shelter prior to such employee’s performing duties for the shelter, and annually thereafter;

      (3)   Have a criminal record check performed on all volunteers having direct contact with a child at the shelter within one week of the volunteer first volunteering for the shelter, and annually thereafter, or, if a licensed shelter serving minors, operator shall abide by state licensing requirements governing volunteers;

      (4)   Provide and have available for review, by any employee, volunteer or resident, educational materials regarding communicable diseases and precautions to be taken to protect the employee, volunteer and shelter residents;

      (5)   Maintain a written and posted first aid and cardiopulmonary resuscitation (“CPR”) policy, including having:

         (a)   At least one person trained and currently certified in first aid and CPR on duty on each shift;

         (b)   All certifications of employees or volunteers for first aid and CPR shall be kept on file for inspection by the Northern Kentucky District Health Department; and

         (c)   Adequate and available medical supplies for first aid and CPR.

      (6)   Provide written policies and procedures on the handling of prescription or over-the-counter drugs, including controls and/or limitations on access to prescription and over-the-counter drugs kept in the shelter;

      (7)   Maintain sanitary conditions in the shelter;

      (8)   Maintain all mattresses and box springs with a water resistant encasing protective cover that

will resist tearing and can be wiped thoroughly with a disinfectant cleaner before use by any other residents;

      (9)   Post a clearly marked evacuation plan that is approved by the appropriate Fire Department or Fire District official in areas available to both shelter staff and residents, and keep a copy of the plan on file;

      (10)   Provide services to all individuals within the city free from discrimination because of race, color, religion, national origin, familial status, age, disability, sex, gender identity or sexual orientation. Nothing contained herein shall be construed to prohibit any shelter from maintaining separate facilities for the different sexes or being a unisex facility;

      (11)   Allow clients access to restrooms during shelter hours of operation;

      (12)   If required, have and maintain a Kentucky food establishment permit and have received a passing score on their most recent inspection;

      (13)   Boarding and lodging houses shall not have any signage which identifies the use;

      (14)   Boarding and lodging houses shall be located on or near a collector or arterial street with reasonable access to public transportation;

      (15)   Boarding and lodging houses shall provide sufficient on-site parking as required by the city’s Zoning Code;

      (16)   The new owner of a shelter, including a boarding and lodging house, must file the registration statement within ten days of a change of ownership and/or acquiring title to the shelter;

      (17)   The operator shall participate in and provide complete and accurate information for residents to the Kentucky Homeless Management Information System (KYHMIS) or designated alternative on a quarterly basis. The operator shall grant the city complete access to all its data submitted to KYHMIS to the extent permitted by law;

      (18)   The facility shall provide adequate waiting areas within the premises for clients and prospective clients to ensure that public sidewalks, streets and alleys are not used as queuing or waiting areas;

      (19)   In the interest of infection control, the operator shall maintain an accurate and complete list of the names of all residents housed in the shelter;

      (20)   The operator shall maintain sufficient insurance coverage to protect against liability and foreseeable loss, and shall include the city as a named insured for any liability that may accrue to the city as a result of the operation of the shelter;

      (21)   The operator shall have on premises adequately trained staff as to deal with the potential behavioral issues that will arise from the resident population without excessive reliance on the city’s public safety agencies;

      (22)   The operator shall continuously monitor waiting areas to inform prospective residents whether they can be served in a reasonable time. If they cannot be served by the operator because of time or resource constraints or occupancy limits, the monitor shall inform the prospective resident of alternative programs and locations where he or she may seek similar service;

      (23)   The operator shall provide for timely removal of litter attributable to clients within the vicinity of the facility every 24-hour period;

      (24)   The service provider shall have a plan to minimize disruption or damage caused by clients’ behavior on properties located within two blocks of the facility;

      (25)   The operator shall maintain good communication and have procedures in place to respond to operational issues which may arise from the neighborhood, city staff or the general public;

      (26)   The operator shall implement other conditions and/or measures as determined by the city in consultation with other city agencies, necessary to ensure the management and for residents of the establishment maintain the quiet enjoyment, safety and cleanliness of the shelter and the vicinity of use;

      (27)   The operator shall establish standards for responding to emergencies and incidents involving the expelling of residents from the shelter. Re-admittance policies for residents who have previously been expelled from the shelter shall also be established;

      (28)   The operator shall establish re-admittance policies for residents whose behavior or conduct has required public safety agency intervention;

      (29)   Alcohol and illegal drug use is prohibited on site. Service providers shall expel residents from the facility if found to be using alcohol or illegal drugs while on site, unless good cause is shown;

      (30)   The facility shall be open 24 hours a day, seven days a week to provide, at a minimum, around the clock access to toilet and shower facilities for those eligible to be served by the facility;

      (31)   In order to encourage clients to pursue stable and permanent housing, the operator shall limit the maximum stay for residents to 150 days within a 365-day period, except for residents participating in a transitional housing program as described in the management plan submitted as part of the licensing process; or for good cause shown; and

      (32)   The operator shall not allow shopping carts or pets on the premises, except when the pets are registered as disability or emotional support pets.

   (B)   Notwithstanding the above requirements set forth in division (A) above, divisions (A)(17) through (A)(32) above shall not apply to boarding and lodging houses.

(1984 Code, § 117.05) (Ord. O-05-20, passed 2-11-2020; Ord. O-21-24, passed 8-27-2024)