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(a) Upon the submission of a complete application, the director shall issue a registration to operate a short-term rental if the director determines:
(1) the applicant has complied with all requirements for issuance of the registration;
(2) the applicant has not made a false statement as to a material matter in the application;
(3) the property being registered has passed all inspections and the condition and use of the short-term rental comply with the zoning regulations in the Dallas Development Code and the minimum property standards in Chapter 27;
(4) there have not been two or more citations for violations of the Dallas City Code found on the property being registered within the preceding 12 calendar months prior to the registration application;
(5) if the property is a multitenant property, registration of the rentable unit will not exceed the density requirements in Section 42B-12;
(6) the owner and host are not delinquent in any ad valorem taxes, fees, fines, or penalties owed to the city in relation to the property where the short-term rental is located;
(7) the owner and host are not delinquent in any hotel occupancy taxes owed to the city; and
(8) the owner and host have not had a short-term rental registration revoked within the past 12 months.
(b) If the director determines that the requirements of Subsection (a) have not been met, the director shall deny the registration.
(c) If the director determines that the applicant should be denied a registration, the director shall notify the applicant in writing, by certified mail, return receipt requested, that the application is denied and include in the notice the reason for denial and a statement informing the applicant of the right to appeal. (Ord. 32473)
(a) The director may revoke a short-term rental registration if the property registered as a short-term rental is the site of two or more citations for violations of the Dallas City Code or state or federal law two or more times in the preceding year. Violations considered under this provision include, but are not limited to, parking on unapproved surfaces, failure to maintain the property free of litter, exceeding noise limitations, disorderly or criminal conduct, failure to pay hotel occupancy tax, or any of the provisions of this chapter.
(b) A short-term rental registration issued under this chapter may be revoked at the director's discretion if an egregious offense occurs at the property.
(c) The director may revoke all registrations associated with a single owner or host upon revocation of any registration.
(d) If the director determines that a registration should be revoked, the director shall notify the owner and host in writing, by certified mail, return receipt requested, that the registration is revoked and include in the notice the reason for revocation and a statement informing the owner and host of the right to appeal.
(e) An owner or host that has had a registration revoked under this section shall not be permitted to apply for a short-term rental registration for a period of one year following the date of the revocation.
(f) A revocation under this section is final unless the owner or host files an appeal with the permit and license appeal board in accordance with Section 2-96.
(g) The filing of an appeal stays the action of the director in revoking a registration until the permit and license appeal board makes a final decision.
(h) The permit and license appeal board shall consider the facts as they existed at the time of the registration denial, suspension, or revocation in making its decision. (Ord. 32473)
(a) A host shall provide the director with the name, address, and telephone number of a local responsible party. This designation shall be provided on a notarized form designated by the director that is signed by the local responsible party.
(b) A host shall notify the director immediately of any change in the emergency response information on a notarized form designated by the director.
(c) The local responsible party shall arrive at the property within one hour after being notified by the city or emergency response personnel that an emergency condition has occurred on the property.
(d) Upon arrival at the short-term rental when requested as provided above, the local responsible party shall notify the requesting city personnel of his arrival and shall take reasonable actions to resolve the emergency condition.
(e) A local responsible party must be authorized to make decisions regarding the premises and its occupants. A local responsible party may be required to, and shall not refuse to, accept service of citation for any violations on the premises. Acceptance of service shall not act to release owner of any liability under this chapter. (Ord. 32473)
(a) Maximum occupancy for a short-term rental is three people per bedroom with a total occupancy of 12.
(b) The number of short-term rentals in a single rentable unit may not exceed one.
(c) The maximum density for short-term rentals located in a multifamily structure is:
(1) three percent of rentable units if the multitenant structure has more than 20 rentable units and is located in a multifamily or multiple-family zoning district or a planned development district or conservation district whose base zoning is multifamily or multiple-family;
(2) 20 percent of rentable units if the multitenant structure has more than 20 rentable units and is located in a nonresidential zoning district;
(3) zero rentable units if the multitenant structure has 20 rentable units or less.
(d) The use of amplified sound equipment that produces a sound audible beyond the property line of the premises between the hours of 10:00 p.m. and 7:00 a.m. is prohibited.
(e) The host shall limit the number of guest vehicles to the number of available off-street parking spaces available at the short-term rental property.
(f) The minimum allowable rental period is two nights.
(g) Any public listing or advertisement for a property as a short-term rental must include:
(1) the City of Dallas short-term rental registration number;
(2) occupancy limitations;
(3) limitations on the use of amplified sound equipment;
(4) the number of vehicles allowed;
(5) city regulations related to parking on unapproved surfaces and oversized vehicles; and
(6) a minimum allowable rental period of two nights.
(h) A short-term rental may not be used as a commercial amusement, restaurant, or similar business unless the property has a valid certificate of occupancy for the use. (Ord. 32473)
(a) To obtain a registration to operate as a hosting platform, a person shall submit a complete application to the director on a form provided for that purpose. If the applicant is not an individual, an authorized officer or agent of the applicant must file the form. The application must contain the following information before it is considered complete:
(1) the name, telephone number, and email address of a contact person at the hosting platform; and
(2) any other information the director deems necessary.
(b) A registration issued under this section is valid for one year.
(c) The director may revoke the registration of a hosting platform if the hosting platform collects a fee or fails to submit a report in violation of Section 42B-14.
(d) If the director determines that a registration should be revoked, the director shall notify the hosting platform in writing, by certified mail, return receipt requested, that the registration is revoked and include in the notice the reason for revocation and a statement informing the owner and host of the right to appeal.
(e) A hosting platform that has had a registration revoked under this section shall not be permitted to apply for a hosting platform registration for a period of one year following the date of the revocation.
(f) A revocation under this section is final unless the hosting platform files an appeal with the permit and license appeal board in accordance with Section 2-96.
(g) The filing of an appeal stays the action of the director in revoking a registration until the permit and license appeal board makes a final decision.
(h) The permit and license appeal board shall consider the facts as they existed at the time of the revocation in making its decision. (Ord. 32473)
(a) Hosting platforms shall not collect or receive a fee, directly or indirectly, through an agent or intermediary, for completing a booking transaction for a short-term rental unless the hosting platform has registered with the city in compliance with this Section 42B-13 and the short-term rental has a valid registration number issued by the director in accordance with Section 42B-9.
(b) Hosting platforms shall not collect or receive a fee, directly or indirectly, through an agent or intermediary, for facilitating or providing services ancillary to an unregistered short-term rental, including, but not limited to, insurance, concierge services, catering, restaurant bookings, tours, guide services, entertainment, cleaning, property management, or maintenance.
(c) A hosting platform registered under this chapter shall provide the director, on a monthly basis, an electronic report, in a format determined by the director, of the listings maintained, authorized, facilitated, or advertised by the hosting platform within the city for the applicable reporting period. The report must include a breakdown of where the listings are located and whether the listing is for a room or a whole rentable unit. (Ord. 32473)
A person commits an offense if he violates or attempts to violate a provision of this chapter, or a rule or regulation established by the director under this article, that is applicable to a person. A culpable mental state is not required for an offense under this chapter unless the provision defining the conduct expressly requires a culpable mental state. A separate offense is committed each day in which an offense occurs. (Ord. 32473)
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