Article III. BED AND BREAKFAST AND SHORT-TERM RESIDENTIAL RENTAL.*

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   *Editor's note-Former Article III, §§ 54-42--54-68, relating to trailer coach parks, was repealed by 1987 L.M.C., ch. 23, § 1. The article was formerly derived from Mont. Co. Code 1965, §§ 12-1--12-31; 1970 L.M.C., ch. 8, § 1; 1971 L.M.C., ch. 3, § 1; 1972 L.M.C., ch. 16, §§ 5, 13; 1979 L.M.C., ch. 12, §§ 1, 2; 1980 L.M.C., ch. 41, § 1. See § 29-66 et seq.

Sec. 54-42. License required.

   A person must not operate a bed and breakfast or short-term residential rental in the County without a license issued by the Director. After the initial issuance of a license, the license must be renewed once a year. (2017 L.M.C., ch. 27, §1.)

Sec. 54-43. Application for a License.

   An application for a bed and breakfast license or short-term residential rental or a license renewal for either use must be signed by the applicant and include the State Sales Tax and Use Registration number. The applicant must certify that:

   (a)   the building in which the bed and breakfast license or short-term residential rental is located complies with all applicable zoning standards under Chapter 59 of this Code;

   (b)   the total number of overnight guests in the short-term residential rental who are 18 years or older is limited to 6, and the total number of overnight guests over 18 years of age per bedroom is limited to 2;

   (c)   only habitable rooms will be used by guests;

   (d)   smoke detectors in all units and carbon monoxide detectors in all units using natural gas operate as designed;

   (e)   sanitation facilities operate as designed;

   (f)   all local taxes and required fees are paid in full;

   (g)   the dwelling unit where the bed and breakfast or short-term residential rental is located is the primary residence of the applicant;

   (h)   the applicant is the owner or owner-authorized agent of the facility;

   (i)   the applicant posted rules and regulations inside the rental, including contact information for a representative designated for emergency purposes;

   (j)   notwithstanding section 54-45(d), the applicant has not been found guilty of a violation of this Chapter in the past 36 months;

   (k)   the designated representative resides within 15 miles of the unit and will be accessible for the entirety of any contract where the primary resident is not present;

   (l)   a record of all overnight visitors will be maintained and readily available for inspection;

   (m)   where applicable, the following parties were notified:

      (1)   in a single-unit or attached unit, abutting and confronting neighbors;

      (2)   in a multi-unit building, neighbors living across the hall and those that share a ceiling, floor, and walls with the applicant’s unit;

      (3)   the municipality in which the residence is located;

      (4)   any applicable homeowners association, condominium, housing cooperative; and

      (5)   the owner of the unit or the owner’s rental agent, if the applicant is not the owner;

   (n)   the application is not prohibited by any homeowners association or condominium document, or a rental lease;

   (o)   the common ownership community fees for the dwelling unit are no more than 30 days past due;

   (p)   except for persons visiting the primary resident, only registered guests will be allowed on the property; and

   (q)   any online rental listing will include the short-term residential rental license number. (2017 L.M.C., ch. 27, §1; 2018 L.M.C., ch. 8, §1; 2019 L.M.C., ch. 23, §1 ; 2023 L.M.C., ch. 33, §1.)

Sec. 54-44. Applications.

   The Director must establish an electronic method of submitting, issuing, renewing, denying, suspending, and revoking an application for a license through the internet. (2017 L.M.C., ch. 27, §1; 2023 L.M.C., ch. 33, §1.)

Sec. 54-45. License Approval and Renewal.

   The Director:

   (a)   must review the application, including supporting documents provided by the applicant, for conformance with this Chapter and all other applicable laws and regulations;

   (b)   may inspect the property;

   (c)   must approve or deny a license or a license renewal no earlier than 30 and no later than 60 days after receipt of a completed application and all required fees unless the Director receives a challenge to the application under Section 54-46;

   (d)   must not deny a license for the sole reason that an applicant was operating without a license, if it is the applicant’s first time receiving such a violation; and

   (e)   must, if the license or license renewal is approved:

      (1)   issue the license for a term of one year, renewable for additional one-year terms, subject to re-application, payment of the license fee, and compliance with all applicable laws and certifications required for the license; and

      (2)   provide written notice to the parties listed in section 54-43(m) of the issuance of the license and the procedure to file an appeal with the Board of Appeals. (2017 L.M.C., ch. 27, §1; 2019 L.M.C., ch. 23, §1 ; 2023 L.M.C., ch. 33, §1.)

Sec. 54-46. Challenge to Applications.

   (a)   Within 30 days after the application is filed, a challenge may be filed with the Director by:

      (1)   a resident or owner of real property located within 300 feet of a licensed or proposed license;

      (2)   the municipality in which the residence is located;

      (3)   any applicable homeowners association, condominium, housing cooperative; or

      (4)   the owner of the unit or the owner’s rental agent, if the applicant is not the owner.

   (b)   The Director must, within 60 days after receipt of the challenge:

      (1)   provide notice of the challenge to the applicant;

      (2)   provide an opportunity for the applicant to respond to the challenge;

      (3)   investigate any question of fact raised by the challenge;

      (4)   approve or deny the license or license renewal after reviewing the application, including supporting documents provided by the applicant and challenger, for conformance with this Chapter and all other applicable laws and regulations; and

      (5)   if the license or license renewal is approved:

         (i)   issue the license for a term of one year, renewable for additional one-year terms, subject to re-application, payment of the license fee, and compliance with all applicable laws and certifications required for the license; and

         (ii)   provide written notice to the parties listed in section 54-43(m) of the issuance of the license and the procedure to file an appeal with the Board of Appeals. (2017 L.M.C., ch. 27, §1; 2023 L.M.C., ch. 33, §1.)

Sec. 54-47. Suspension and Revocation.

   (a)   The Director may suspend or revoke any license issued under this Article if the Director finds that the licensee:

      (1)   has violated this Chapter or any other applicable law or regulation;

      (2)   has been convicted of violating any of the provisions of the Criminal Law Article of the Maryland Code listed in in Section 54-20 while operating the bed and breakfast or short-term residential rental; or

      (3)   has repeatedly operated in a manner that is dangerous to the health and safety of the community or is a nuisance because of noise or other activity, as verified by the Department.

   (b)   Prior to any suspension or revocation, the Director may require the holder of the license to appear before the Director and show cause why the license should not be suspended or revoked. (2017 L.M.C., ch. 27, §1; 2019 L.M.C., ch. 23, §1 ; 2023 L.M.C., ch. 33, §1.)

Sec. 54-48. Appeals.

   Any person aggrieved by the issuance, renewal, denial, revocation or suspension of a bed and breakfast license or short-term rental license may appeal the Director’s decision to the Board of Appeals within 30 days of the Director’s decision, regardless of whether a challenge to the application was filed under Section 54-46. (2017 L.M.C., ch. 27, § 1; 2019 L.M.C., ch. 2, § 1; 2023 L.M.C., ch. 33, §1.)