Sec. 54-1. Definitions.

   For the purposes of this Chapter, unless the language or context clearly indicates that a different meaning is intended, the following words and phrases have the following meanings:

   Average lot grade means the arithmetic average of the highest and lowest elevations of the ground contiguous to the building.

   Basement means that portion of any building located below grade when at least one-half of the vertical height extends above the average lot grade.

   Bed and Breakfast means a detached house that is owner-occupied with no more than 5 guest rooms for rent and customarily serves breakfast to guests and allowed under Section 59-3.5.6.B of this Code.

   Cellar means that portion of any building which is located below grade and whose vertical height extends less than one-half above the average lot grade.

   Director means the Director of the Department of Health and Human Services, or the Director’s designee, in Article II of this Chapter. Director means the Director of the Department of Housing and Community Affairs, or the Director’s designee, in Article III of this Chapter.

   Department means the Department of Health and Human Services in Article II of this Chapter. Department means the Department of Housing and Community Affairs in Article III of this Chapter.

   Establishment means a hotel or Bed and Breakfast or Short-Term Residential Rental regulated under this chapter.

   Fire Code means the Fire Prevention Code in Chapter 22 as amended.

   Habitable room means a room in which people normally congregate or sleep with a minimum ceiling height of 7 feet. Bathrooms, closets, porches, decks, toilet rooms, storage rooms, kitchens, and pantries are not habitable rooms.

   Hotel means a building or portion of a building where, for compensation, lodging or lodging and meals are provided or offered to 3 or more transient visitors. Hotel includes a motel, but not a bed and breakfast.

   Household means a person living alone, or any one of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking, and eating facilities:

      1.   any number of people related by blood, marriage, adoption, or guardianship;

      2.   up to 5 unrelated people; or

      3.   2 unrelated people and any children, parents, siblings, or other persons related to either of them by blood, adoption, or guardianship.

   Lodging means the short-term overnight accommodation of a paying guest.

   Plumbing Code means the Plumbing Code adopted by the Washington Suburban Sanitary Commission, as amended.

   Short-Term Residential Rental means the residential occupancy of a dwelling unit for a fee for less than 30 consecutive days as allowed under Section 59-3.3.3.I of this Code.

   Solid wastes means garbage, trash, sweepings, animal refuse and dead animals.

   Transient visitor means a person who purchases lodging, with or without meals, for a continuous period of 6 months or less. (Mont. Co. Code 1965, §90-1; 1980 L.M.C., ch. 41, §1; 1982 L.M.C., ch. 49, §1; 1995 L.M.C., ch. 13, §1; 2017 L.M.C., ch. 27 , §1; 2019 L.M.C., ch. 23, §1; 2023 L.M.C., ch. 33, § 1.)

   Editor's note-Section 5 of 1995 L.M.C., ch. 13, reads as follows: "Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services."

Sec. 54-2. Authority of Executive to regulate and license.

   The Executive may adopt regulations, under method (3), concerning the operation, maintenance, conduct, application, licensing, and license fees for a hotel, short-term residential rental, or bed and breakfast. (Mont. Co. Code 1965, §12-3; 1970 L.M.C., ch. 8, §1; 1981 L.M.C., ch. 52, §1; 1982 L.M.C., ch. 49, §2; 1984 L.M.C., ch. 24, §53; 1984 L.M.C., ch. 27, §36; 1985 L.M.C., ch. 31, §34; 2017 L.M.C., ch. 27, §1; 2023 L.M.C., ch. 33, § 1.)

   Cross reference-Applicability of county legislation within municipal corporations, § 1-203.

Sec. 54-3. Guest register—Required.

   Any person who owns or operates a hotel, in the County must maintain on the premises a permanent register containing:

   (a)   the name of each visitor;

   (b)   the residence address of each visitor, including state, city or town, street and street number or rural mail delivery route number;

   (c)   the number of the room or facility occupied by each visitor; and

   (d)   the date and time of registration and checkout of each visitor.

   The register must include a record of the license plate numbers and state of registration of any automobiles or trailers that guests are using. The owner or operator of the establishment must see that the license plate and automobile or trailer registration information is correct. A person must not occupy any room until the registration required under this section is provided. The permanent register may be in a bound book, looseleaf book, or cards. If a looseleaf book or cards are used, the pages or cards must be numbered consecutively before use and all numbered pages or cards must be kept even though they are not used. The register required by this section must be kept for at least 3 years and must be open to inspection upon the request of the Director or of any law enforcement officer of the county or the state. (Mont. Co. Code 1965, § 12-1; 1972 L.M.C., ch. 16, § 5; 1980 L.M.C., ch. 41, § 1; 1982 L.M.C., ch. 49, § 3; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2017 L.M.C., ch. 27, §1; 2019 L.M.C., ch. 23, §1 ; 2023 L.M.C., ch. 33, § 1.)

Sec. 54-4. Same-Giving or permitting false information to be given prohibited.

   A person must not knowingly write any false or incorrect name or address or license plate number in any such register. The owner, manager, or employee of a hotel must not knowingly permit any person to write any false name or address or license plate number in any such register. (Mont. Co. Code 1965, §12-2; 2017 L.M.C., ch. 27, §1.)

Article II. HOTELS. [Note]

 

Notes

[Note]

*Cross references-Special housing standards for hostels, boardinghouses, rooming houses and tourist homes, § 26-11; room rental tax, § 52-16; H-M (hotel) zone, § 59-C-4.38; country inn zones, § 59-C-4.39; zoning requirements for boardinghouses, § 59-G-2.10; other special zoning requirements for hotels and motels, § 59-G-2.34; rural resort hotels, § 59-G-2.35.

Division 1. Generally.