(A) License required. Prior to use of a property as a vacation rental, the owner shall obtain an annual vacation rental license from the town. Renting, or offering for rent, a vacation rental without complying with the license requirement in this section is prohibited.
(B) License applications. The owner of a proposed vacation rental shall submit to the town a license application on a form furnished by the town. The license application shall be signed by the applicant and shall contain the following minimum information, which shall be made publicly available:
(1) The physical address of the residential property proposed to be used as a vacation rental.
(2) The name, address, and telephone number of the owner for which the vacation rental registration certificate is to be issued. If the property owner is an entity, the legal name of the entity and its statutory agent.
(3) The name, address, and telephone number of each designee of the owner, if any.
(4) The full name, address, and 24-hour telephone number of the individual who will serve as the emergency point of contact.
(5) Proof of a valid transaction privilege tax license.
(6) Acknowledgment by the owner of an agreement to comply with all applicable laws, regulations, and ordinances, including the requirement that the owner and each designee shall not be a registered sex offender, been convicted of any felony act that resulted in death or serious physical injury, or has been convicted of any felony use of a deadly weapon within the past five years.
(7) Attestation of compliance with the notification required in this chapter.
(8) Evidence of liability insurance appropriate to cover the vacation rental in the aggregate of at least $500,000 or evidence that each vacation rental transaction will be provided through a platform that provides equal or greater primary liability insurance coverage for the vacation rental.
(9) Evidence the vacation rental is registered with Gila County Assessor's Office in accordance with A.R.S. § 33-1902.
(10) If the applicant is an individual, proof of lawful presence in the United States in accordance with A.R.S. § 41-1080.
(11) Evidence of commercial trash hauling services to the vacation rental physical address.
(C) License fee. Every application, including any renewal application, for a vacation rental license under this chapter shall be accompanied by a non-refundable fee established by Town Council resolution.
(D) Issuance; reasons for denial. The town shall issue or deny the license within seven business days after receipt of a complete application, except that the town may deny issuance of a license for any of the following reasons:
(1) The applicant failed to provide the information required under division (B);
(2) The applicant failed to pay the license fee required under division (C);
(3) The applicant provided false information;
(4) The owner or designee of the owner: (i) is a registered sex offender; (ii) has been convicted of any felony act that resulted in death or serious physical injury; or (iii) has been convicted of any felony use of a deadly weapon within five years of submitting the application; or
(5) At the time of application, the owner has a suspended license for the same vacation rental or any of the following applies:
(a) One violation at the vacation rental that resulted in or constituted any of the offenses described in § 116.12; or
(b) Three violations of this chapter at the vacation rental within a 12-month period, not including an aesthetic, solid waste disposal or vehicle parking violation that is not also a serious threat to public health and safety.
(E) Notice of denial; appeal. The Town Clerk shall give notice of the denial of an application to the applicant by emailing the notice to applicant at the address listed on the application. The notice of the denial shall inform the applicant of the right to appeal the denial as provided for in § 116.13.
(F) Maintaining accurate information; violations. All applicants and persons holding licenses issued pursuant to this chapter shall give prior written notice to the Town Clerk of any change in information submitted in connection with an application for a license or renewal of a license. The notice shall be provided to the Town Clerk not less than ten days prior to the effective date of the change. A violation of this division is a civil offense.
(G) Term of town license; renewal application. All licenses issued under this chapter shall be valid for a period of one year from the date of their issuance, until suspended or revoked. Except where the town has received a new application along with the requisite fees, it shall be unlawful for any person to operate a vacation rental after the expiration date recorded upon the face of the vacation rental license.
(H) Operating without a license; penalties. A vacation rental that fails to apply for a license or license within 30 days of the license application being made available by the town shall immediately cease operations. In addition to any other penalty pursuant to the Town Code, the town may impose a civil penalty of up to $1,000 per month against the owner if the owner or owner's designee fails to apply for license within 30 days of receiving the written notice of violation from the town. Representations or advertisements including online listings that reference the property, house or dwelling unit location within the town is prima facie evidence that a vacation rental is operating in the town.
(I) Non-transferable. No license shall be transferable either as to location or as to person.
(J) Implementation. The Town Manager or designee shall develop the necessary forms and/or database necessary to implement this chapter.
(Res. 3322, passed 4-12-23; Am. Ord. 951, passed 4-12-23) Penalty, see § 116.99