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§ 123.10 DEFINITIONS.
   For the purposes of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   SHORT TERM RENTAL. The use and/or occupancy for a period of less than six months of a principal structure or accessory structure pursuant to a written or oral agreement that permits and/or provides for occupancy of all or part of such structure by any person other than the owner thereof, or an immediate family member of the owner thereof, and whether or not the permission of such occupancy is in exchange for consideration therefor. A residential property shall not be considered a short term rental when: (1) the preceding owner of a property maintains possession of a residential structure after closing for the sale thereof, but leases the property back from the successor owner for a period of time pursuant to a written agreement; and (2) the extension of a lease on a month to month basis under the same terms and for the same tenant.
(Ord. 24-O-2388, passed 5-15-2024)
§ 123.11 LICENSE REQUIRED.
   No person shall operate a short term rental, as defined herein, without first obtaining a business license from the city.
(Ord. 24-O-2388, passed 5-15-2024) Penalty, see § 110.99
§ 123.12 APPLICATION.
   An application for a short term rental shall be made in accordance with Chapter 110 and shall also contain the following information:
   (A)   The applicant's relationship to the property for which the short term rental license is sought.
   (B)   If the applicant is not the owner of the premises, the applicant shall provide a signed and notarized letter from all owners of record indicating their permission and authorization for the premises to be used as a short-term rental premises. The applicant must also attach a copy of the lease or other document indicating his or her interest in the premises.
   (C)   The name, address, telephone number, and email address of an emergency contact that lives within 20 miles of the subject property, is over the age of 18, and has authority to make decisions about the property in the event of an emergency.
   (D)   The names and websites of all platforms the licensee will advertise the short term residential rental, including but not limited to AirBNB, VRBO, Facebook, etc.
   (E)   If the premises is a part of an association, the applicant must affirm that the short-term residential rental of the premises is in compliance with all association requirements and not otherwise prohibited.
(Ord. 24-O-2388, passed 5-15-2024) Penalty, see § 110.99
§ 123.13 REGULATIONS.
   (A)   It shall be unlawful for anyone to lease, rent, offer or invite the leasing or renting, or to otherwise permit the short-term rental and/or occupancy of any residential dwelling unit located within the city for less than six months without first obtaining a short-term residential rental license as provided herein.
   (B)   It shall be unlawful for anyone to post false or misleading information in an advertisement for a short-term residential rental.
   (C)   Each owner of a short-term residential rental shall be required to immediately notify the Building and Housing Department upon any police activity at the residential property.
   (D)   Each owner of a short-term residential rental shall keep accurate records of each booking and stay of their residential property including the names of the tenants, the rent listed, the rent paid, the number of nights, and the dates of occupancy. These records shall be open to inspection by the city.
(Ord. 24-O-2388, passed 5-15-2024) Penalty, see § 110.99
§ 123.14 SUSPENSION OR REVOCATION.
   A short term residential rental license may be suspended or revoked pursuant to Chapter 110 of this code and/or for:
   (A)   Any of the following criminal activity:
      (1)   Any local, state or federal law prohibiting the manufacture, distribution, delivery, use or possession of a controlled substance including, but not limited to the Illinois Controlled Substances Act, the Illinois Cannabis Control Act, and the Illinois Drug Paraphernalia Control Act;
      (2)   Prostitution-related activity;
      (3)   Gang-related activity;
      (4)   Violent acts involving the discharge of a firearm, death or serious bodily injury to any person; or
      (5)   Disturbance of the peace, public drunkenness, drinking in public, harassment of a passerby, loitering, public urination, unlawful garbage or waste disposal, gambling, lewd conduct, or excessive noise.
   (B)   Use of the residential property for commercial persons including charging an admission fee for entry
   (C)   Exceeding the design load or maximum occupancy of any structure located on the residential property.
   (D)   Use of the residential property for a party, amusement, event, or other gathering in excess of the maximum occupancy limits.
   (E)   Misrepresenting any material facts regarding the short-term residential rental in any listing, to any tenant or prospective tenant or to the city.
   (F)   Providing alcohol to any guest or invitee to a guest.
   (G)   Rental of a short-term residential rental unit for less than 12 hours.
   (H)   Rental of a short-term residential rental unit to more than one booking within 48 hours.
   (I)   Advertising less than the minimum rental period.
   (J)   Multiple bookings or rentals of any short-term residential rental for the same or overlapping periods.
   (K)   Rental of a short-term residential rental unit to individuals under the age of 21 years old.
   (L)   Rental of a short-term residential rental unit in violation of the bylaws or association requirements.
(Ord. 24-O-2388, passed 5-15-2024) Penalty, see § 110.99