Notwithstanding any same or similar provisions of the Portsmouth City Ordinances ("P.C.O."), the definitions applicable to this Short-Term Rental Operations Chapter shall be as follows:
(a) "Applicant" means the owner or permanent occupant who submits an application for a new permit or a renewal permit to the License Section with information as required by Section 777.03.
(b) "Applicant's Dwelling" means any and all dwellings intended to be used as a short-term rental(s) for which the applicant has submitted to the License Section as required by Section 777.03 for consideration to grant a new or renew a valid short-term rental permit.
(c) “Booking Service" means any mechanism that provides for or facilitates a transaction between a short-term rental host and a potential short-term rental guest for the purpose of reserving or renting a guestroom for a fee, and for which a hosting platform collects or receives, directly or indirectly any compensation in connection with the reservation. Such compensation may be remitted to the short-term rental host or the hosting platform.
(d) "Calls for Service Ratio" means the number of calls for service divided by the number of rooms in service.
(e) "Calls for Service" means any and all calls, including but not limited to those to law enforcement and/or the fire department, when those calls:
(1) Result in a representative being dispatched or directed to the short-term rental;
(2) Allege evidence of criminal activity;
(3) Result in an arrest, charge or citation;
(4) Find an imminent threat to safety of person(s) or property; or
(5) Allege a sanitation/refuse or noise issue at a short-term rental property in violation of the Portsmouth City Codes,
Calls for service shall not include calls to notify the radio/dispatch made by employees of the short term rental itself acting as officers, calls made by law enforcement officers or firefighters to indicate room of their location, or calls made by any person listed on a short-term rental application.
(f) "Director" means the Engineer or the Engineer's authorized designee.
(g) "Dwelling" means any building, structure, or unit, on the same tax parcel, sharing the same mailing address, which is occupied or intended for occupancy in whole or in part as a home, residence or sleeping place for one (1) or more persons.
(h) "Employee" means any person who earns qualifying wages, commissions or other type of compensation from the short-term rental.
(i) "Entity" means a corporation for profit or not for profit, partnership, limited partnership, joint venture, unincorporated association, estate, trust, or any other commercial organization. Entity does not include an organization created by a governmental agency for execution of a governmental program.
(j) "Guestroom" means a room offered to the public for a fee that contains, at a minimum, provisions for sleeping.
(k) "Hosting Platform" means an entity that participates in the short-term rental business/industry by providing for or facilitating a booking service through a website whereby a short-term rental host may offer, list, advertise, or market a short-term rental to a potential short-term rental guest.
(l) "Interception device" as used in this chapter refers to the definition found in Ohio R.C. 2933.51(D).
(m) "License Section" shall mean the City of Portsmouth Engineering Department.
(n) "Manager" means the general manager, shift manager, or any person in any supervisory position at the short term rental.
(o) "Operator" means any person who works at a short term rental in a capacity to facilitate the offering of guestrooms to guests, including, but not limited to, front desk workers.
(p) "Owner" means the owner(s) of record as shown on the current tax list of the county auditor or a mortgagee(s) in possession. If an Owner is a business entity, such as a corporation, firm, partnership, association, organization and any other group acting as a unit, such business entity shall include the duly authorized agent.
(q) "Permanent Occupant" means a person who resides in a dwelling more than fifty-one percent (51%) of the time during a calendar year, and such dwelling in which a person resides shall be referred to as the primary residence.
(r) "Person" means every natural person and does not include any corporation, firm, partnership, association, or any other group acting as a unit.
(s) "Primary Residence" means a dwelling which is the usual place of return for housing as documented by at least two of the following: motor vehicle registration, driver's license, tax documents, lease copy or a utility bill. An owner or permanent occupant can only have one primary residence.
(t) "Property Manager" means any person charged with or responsible for a supervisory or caretaking position for the short-term rental and who has passed a BCI background check as required by Section 777.03(b)(10).
(u) "Short-Term Rental Guest" means a person who reserves a guestroom, wholly or partly, from a short-term rental host for a compensatory fee, for less than thirty (30) consecutive days.
(v) "Short-Term Rental Host" means the owner or permanent occupant who offers, lists, markets, or advertises a short-term rental on a hosting platform and receives a fee as compensation.
(w) "Short-Term Rental" means any dwelling with five guestrooms or less that is reserved/rented wholly or partly for a compensatory fee for less than thirty (30) consecutive days by a short-term rental guest.
(x) "Transient Guest" mean a person occupying a hotel/motel guest room for sleeping accommodations for less than thirty (30) consecutive days.
(Ord. 2022-75. Passed 9-12-22.)