§ 9-3909. Limited Lodging Operator License. 1336
   (1)   No person shall operate a residential dwelling as limited lodging, as defined in subsection 14-604(13) of this Code ("Limited Lodging"), without a Limited Lodging Operator License. Operation in violation of the standards for use as limited lodging as set forth in subsection 14-604(13) shall constitute a violation of this Chapter.
   (2)   Only a primary resident of a dwelling unit, as further defined in subsection 14-604(13) of this Code, may operate property as limited lodging and obtain such a license, provided that in the Tenth Councilmanic District only a primary resident who is the owner of the property may operate limited lodging and obtain such a license, and a renter may not do so.
   (3)    The provisions of subsection 9-3901(2) ("Application and Issuance") shall not apply to licenses issued under this Section 9-3909.
   (4)   An application for such a license shall be submitted on a form as established by the Department. To obtain a license, the applicant must:
      (a)   Have a valid commercial activity license;
      (b)   Have no outstanding violation notices issued under Title 4 of this Code associated with the property for which the application is made, unless the owner has filed an appeal of the violation which is pending, and the owner has notified the Department of such appeal in a manner prescribed by the Department;
      Exception: The Department of Licenses and Inspections may promulgate regulations regarding conditions under which this license may be issued despite violations of Section PM-108.1.3 (Unsafe shared retaining walls). 1337
      (c)   Provide confirmation in a form established by the Department of authority to operate the property for such purpose, including satisfaction of zoning requirements;
      (d)   If an owner of the property is not a natural person or a publicly traded company, the application shall identify, in addition to the owner of the property, the name and preferred mailing address of each natural person who has an equity interest in such owner or owners of the property that exceeds one or more of the following, regardless of whether the natural person has a direct equity interest or such natural person's equity interest is held through one or more tiers of a corporate structure, such as parent-subsidiary structure: (a) forty-nine percent (49%) of the value of the property or (b) forty-nine percent (49%) of the value of the owner of the property. If no natural person has such an interest, the application shall identify the name and preferred mailing address of the two natural persons who have the largest equity interest in the property; and
      (e)   Satisfy such lead paint safety requirements of Chapter 6-800 ("Lead Paint Certification and Disclosure") as may be determined by the Department of Public Health by regulation.
   (5)   No dwelling unit may be operated as limited lodging except through a booking agent licensed under Section 9-3910 ("Limited Lodging and Hotels Booking Agent License"). Prior to listing a dwelling as a limited lodging unit with a booking agent, the operator shall provide proof to the booking agent that a valid Limited Lodging Operator License has been issued and is active for the premises.
   (6)   An operator shall conspicuously identify the operator's license number in all advertising and communications that indicate that a dwelling is available for use as limited lodging.

 

Notes

1336
   Added, Bill No. 210081 (approved June 23, 2021), effective April 1, 2022.
1337
   Added, Bill No. 230647 (approved December 13, 2023).