(A) Application for a new or renewed transitory lodging license shall be made on a form provided by the City Clerk, which shall include:
(1) The name, address, and registered agent of the person, corporation or other entity that owns or operates the transitory lodging establishment, which identified person or entity shall be legally responsible for the lawful operation of the transitory lodging establishment.
(2) The name, address, and 24-hour telephone number of a representative of the transitory lodging establishment that will be available to interact with emergency responders to the transitory lodging establishment.
(3) The name, address and telephone number of any person utilized as a manager of the transitory lodging establishment. The manager shall be responsible for operations of the licensed premises, and each establishment must have a designated manager at all times. One person may not serve as manager for multiple licensed transitory lodging establishments. Each manager shall be subjected to a criminal background check, and shall be required to be approved by the Chief of Police. No manager shall be approved if the background check results are unacceptable to the Chief of Police. Reasons for rejection include, but are not limited to, background checks revealing that the person has been convicted of a forcible felony, of any felony involving the use of a hotel, motel, inn or other similar property, of any offense involving the manufacture, sale or distribution of an illegal drug or narcotic, or of any offense relating to pandering, pimping, solicitation of prostitution or prostitution within the ten years preceding the application. Any time there is a proposed change in the designated manager, the transitory lodging establishment must update its transitory lodging license and obtain approval of a new designated manager, following completion of a background check, prior to changing managers.
(4) A copy of any citation, violation notice, warning or other similar correspondence issued to the transitory lodging establishment by any governmental agency (state, federal or local) other than the city, in the past 36 months, relating to any alleged dangerous or unlawful condition at the transitory lodging establishment.
(5) A copy of the building plans for the transitory lodging establishment in a form acceptable to the city (unless such plans are already on file with the city in an acceptable format).
(6) A confirmation of the number of rooms constructed or to be constructed within the transitory lodging establishment, and the number and type of beds in each room.
(7) The identity and contact information, including telephone number, of the party or parties, if any, that hold a franchise agreement or name licensure agreement with the transitory lodging establishment.
(8) Such other information as shall be deemed necessary by the City Code Enforcement Officer.
(B) New or renewal applications shall be accompanied by payment of the then-current license and inspection fee, as reflected on the schedule of fees then adopted by the city. The current schedule of fees for license and inspection is $10 per room, with a maximum fee of $250 and a minimum fee of $50 per establishment.
(1) The City Council may adopt updates to the fee schedule at any time.
(2) The fee for the initial inspection for a transitory lodging establishment in the city shall be reduced by 50% for any transitory lodging establishment that applies for licensure at a time when their license shall be issued for eight or fewer months. This fee reduction shall apply to initial inspections only, and shall not apply to re-inspections or complaint-based inspections.
(C) (1) Submission of a signed application for a transitory lodging license and/or acceptance of a transitory lodging license constitutes the applicant’s consent to an inspection of any and all unoccupied portions of the licensed premises, and any portions of the premises to which the transitory lodging establishment may legally consent to inspection by the city:
(a) At any time during the normal business hours of the licensed premises, with or without advance notice; or
(b) At such other time as the city shall designate to the applicant or licensee in writing, with not less than 48 hours advance notice.
(2) Inspections pursuant to this consent may be conducted by any city personnel, including Police Department, Office of Code Enforcement, Public Works Department, or Fire Department staff, for purposes of determining compliance with the provisions of this code, or for purposes of determining compliance with any other applicable code or regulation.
(a) The consent for inspection shall extend to any portion of the premises.
(b) An applicant or licensee’s refusal to grant access to the premises for an inspection shall constitute grounds for denial of a pending application (without refund of any posted application or renewal fees), and shall constitute a violation of this code, which may subject a transitory lodging licensee to suspension or revocation of its license, imposition of fines and penalties under this code, or both. The existence of code violations shall justify suspension, denial or non-renewal of a transitory lodging license.
(c) Notwithstanding the foregoing, in the case of rooms that are actually then-occupied by a person other than an employee of the transitory lodging establishment, outside of the annual inspection or re-inspection process, the transitory lodging establishment shall not be responsible for occupants that refuse entry to city officials.
(D) Prior to issuance or renewal of a transitory lodging license, the owner or operator of a transitory lodging establishment shall submit the property to a complete inspection of the transitory lodging establishment and the premises on which it is located. The inspection shall be completed by the city’s agents or employees. The transitory lodging establishment shall make all necessary arrangements to permit the inspection to be completed during normal working hours, 9:00 a.m. - 5:00 p.m. The inspection shall include all rooms of the transitory lodging establishment, including rooms available for rent to the public, mechanical rooms, common rooms, or any other rooms whatsoever. Notwithstanding the foregoing, a transitory lodging establishment may designate one room for permanent occupancy by a manager or a representative of the transitory lodging establishment, which room shall be disclosed to the city and shall not be subject to inspection. The inspection shall be for the purpose of verifying that the transitory lodging establishment is in safe condition, in compliance with the requirements of this chapter, and in compliance with any other applicable standard, regulation, ordinance, rule, law or statute.
(1) In the event that any inspection reveals any violation of any applicable standard, the violation shall be documented in writing to the transitory lodging establishment. The transitory lodging establishment shall be responsible for correcting the conditions) within the timeline specified by the city. The city may either issue a citation to the transitory lodging establishment for any violation, or may enter into a compliance agreement, whereby the transitory lodging establishment agrees to correct the violation and/or pay a specified fine to the city in lieu of the issuance of a citation.
(2) Upon correction of any violation(s), a re-inspection of the transitory lodging establishment shall occur. The cost of re-inspection shall be billed to the transitory lodging establishment at the cost of city’s actual labor and equipment plus an administrative fee of 5%. Re-inspections shall recur until all violations are corrected.
(3) If the city receives any complaint from any source, including a complaint generated by the city, of an alleged violation of this code or any applicable legal standard, or in the event that the transitory lodging establishment makes a required disclosure to the city as described in § 121.04, the city shall conduct a re-inspection of the affected portion(s) of the transitory lodging establishment subject to the complaint. If the re-inspection reveals that the complaint was unfounded, there shall be no charge for the re-inspection. If the re-inspection reveals a violation of any applicable law or standard, the transitory lodging establishment shall be responsible for payment of re-inspection fees as outlined in the preceding paragraph, plus any costs or fines imposed.
(4) In the event that required inspections are not completed on the scheduled date(s) of inspection through no fault of the city, the transitory lodging establishment shall be subject to re-inspection charges on the date(s) of re-inspection.
(5) In the event that the city pursues legal or administrative action based upon any actual or alleged violation, and the city prevails in that action, the city shall also be entitled to recover the costs incurred by the city in providing personnel to investigate, process, prosecute, or testify at any hearing relating to such legal action, which cost shall be calculated consistent with the calculation process for re-inspection (cost plus 5%), and the transitory lodging establishment shall be responsible for such costs.
(E) Transitory lodging license applicants shall schedule written inspections with the city not less than 60 days prior to the date on which their then-current transitory lodging license expires, and shall provide written notification of the pending room inspection of all persons who are then-currently renting or who will be renting a room in the transitory lodging establishment on the scheduled dates of inspection. The transitory lodging establishment shall be responsible for obtaining authority or consent for inspection of every room in the transitory lodging establishment on the scheduled date(s) of inspection, and the transitory lodging establishment shall reasonably cooperate with the city in gaining access to every room, including, but not limited to, requiring tenants to change rooms to permit inspection of every room at the earliest possible time.
(F) In the event that the city is required to apply for or seek a search warrant for a room occupied by a rental occupant in the transitory lodging establishment, the transitory lodging establishment shall fully comply and cooperate with the city’s efforts to obtain the warrant, and shall disclose all relevant information known by the transitory lodging establishment, or its agents or employees, to the city. The city shall also be entitled to apply and authorized to obtain a search warrant for any other portion of the transitory lodging establishment, in the event that the transitory lodging establishment refuses to permit access or inspection. The failure to cooperate with the inspection program shall constitute a violation of this chapter, which may be punishable by fine or by suspension or revocation or non-issuance of a transitory lodging license.
(Ord. 17-04, passed 9-11-2017) Penalty, see § 121.99