878.03 APPLICATION FOR HOTEL/MOTEL PERMIT, NEW AND RENEWAL.

   (a)   An application for a new permit, and/or for renewal of a permit, shall be made to the Director, upon approved forms, for a permit fee of one hundred dollars ($100.00).

   (b)   The application for a permit to operate a hotel/motel shall contain the following information:

      (1)   Name of the applicant, including mailing address, telephone number, and email address. If the applicant is a corporation, firm, partnership, association, organization or other group acting as a unit the applicant shall provide the name of the entity set forth exactly as shown on its articles of incorporation or organization, mailing address, telephone number, and email address of an individual who is the statutory agent, president, or managing individual, the state in which the company is incorporated or registered, and the entity or corporation number;

      (2)   Name of the hotel/motel, including address, telephone number, and email address;

      (3)   The legal owner or owners of the property, including mailing address, telephone number, and email address. If the property owner is a corporation, firm, partnership, association, organization or other group acting as a unit, the applicant shall provide the name of the entity set forth exactly as shown on its articles of incorporation or organization, as well as the mailing address, telephone number, and email address of an individual who is the statutory agent, president, or managing individual, the state in which the company is incorporated or registered, and the entity or corporation number;

      (4)   If an owner of the property has executed a land contract, lease agreement, management agreement, or any other agreement separating the owner from control over the property and/or the hotel/motel, the applicant shall include a copy of said agreement along with the application;

      (5)   The names and addresses of any other hotel/motels located in the City that the applicant or property owner has any interest in, including, but not limited to, ownership, licensure, or management;

      (6)   Name of the hotel/motel operator, including mailing address, telephone number, and email address;

      (7)   The number of guestrooms in service in the hotel/motel; and

      (8)   A letter of good standing from the City Tax Division.

   (c)   The applicant must notify the Director of any change in information contained in the permit application within ten days of the change.

   (d)   Any change in ownership of the hotel/motel, the building, or the business, change in operator, or change in name of the hotel/motel, shall void the current permit and shall require submission of a new application and the issuance of a new permit.

(Ord. 21-23. Passed 9-7-21.)

878.04 GROUNDS FOR DENIAL.

   (a)   The Director shall issue a new permit, or grant the renewal of an existing permit, except as provided in divisions (b) or (c) of this section.

   (b)   The Director shall deny any application for a new permit, or renewal of permit, if any of the following are shown to have occurred at the hotel/motel property:

      (1)   The applicant makes a material misrepresentation of fact on the application;

      (2)   Any owner, applicant, operator, or manager of the hotel/motel is shown to have been convicted of the act of prostitution or soliciting for prostitution, or an act that would constitute a violation of R.C. Chapters 2925 or 3719, on the premises of the hotel/motel in question, or any hotel/motel in which that individual has any interest in, including, but not limited to, ownership, licensure, or management;

      (3)   The applicant or owner of the hotel/motel does not have a valid State of Ohio license as defined in R.C. §3731.03; and/or

      (4)   The property on which the hotel/motel is located is not in good standing with the City Tax Division.

   (c)   The Director may deny any application for a new permit, or renewal of permit, if any of the following are shown to have occurred at the hotel/motel property:

      (1)   The hotel/motel has outstanding orders from the City Fire Division that have not been corrected;

      (2)   The hotel/motel has been designated a chronic nuisance under Vandalia Code Section 642.16.

      (3)   The annual calls for service ratio for the hotel/motel is equal to or greater than 1.2 per room during the past twelve month period;

      (4)   The owner, applicant, operator, or manager has not made a good faith effort to correct violations of Sections 878.04 and 878.09, or has obstructed or interfered with correction of the violations;

      (5)   Any owner, applicant, operator, or manager of the hotel/motel is shown to have engaged in the act of prostitution or soliciting for prostitution, or an act that would constitute a violation of R.C. Chapters 2925 or 3719, on the hotel/motel premises in question, or any hotel/motel in which that individual has any interest in, including, but not limited to, ownership, licensure, or management; and/or

      (6)   The hotel/motel has been cited for violations of Ohio hotel extended stay laws more than three times in a twelve-month period.

   (d)   Evidence of conduct under divisions (b) and (c) of this section need only be that of de facto violation of law. Evidence of conviction is not a prerequisite for denial unless specifically indicated.

(Ord. 21-23. Passed 9-7-21.)

878.05 OBJECTION, REVOCATION AND SUSPENSION OF HOTEL/MOTEL PERMIT.

   (a)   The Director may object to a new permit application or a renewal application if it is determined that activities set forth in Section 878.04(b) or (c) are shown to have occurred at the hotel/motel.

   (b)   At any time during the calendar year, the Director may revoke and/or suspend a hotel/motel permit if it is determined that activities set forth in Section 878.04(b) or (c) are shown to have occurred at the hotel/motel.

(Ord. 21-23. Passed 9-7-21.)

878.06 APPEALS, HEARING, AND REMEDY PROCESS.

   (a)   Any person aggrieved by a decision of the Director with respect to denying the issuance or renewal of a permit, or revoking or suspending a permit, may appeal from such order to the Board of Zoning Appeals ("Board"). All appeals shall be perfected in the following manner:

      (1)   The appellant must file a written notice of appeal with the Board, on a form approved by the Board, within ten days after receipt by him/her of the decision from which he/she appeals. The notice of appeal must have the name of the appellant and the address to which a copy of the final decision should be delivered. Appeals should be addressed to the Vandalia City Manager, Hotel Appeal, 333 James E. Bohanan Dr. Vandalia Ohio 45377.

      (2)   The appellant must deposit with the Board a fee of two hundred fifty dollars ($250.00), which sum shall be nonrefundable. Otherwise, the deposit shall be forfeited and placed into the general fund of the City.

      (3)   Within five days after receipt by the Board of the notice of appeal, the Board shall cause a true copy of the notice of appeal to be docketed with the Chairperson of the Board.

      (4)   Within thirty days after receipt by the Board Chairperson of the notice of appeal the Chairperson shall cause a meeting of the Board to be convened for the purpose of reviewing the decision being appealed. The Board may, or may not at its discretion, request additional evidence to be presented. The appellant and his/her designated counsel if applicable will be provided with at least fourteen days' prior, written notice of the date, time, and location of the hearing, which notice shall be served personally, by posting on the hotel/motel premises, by nationally recognized overnight mail carrier, or by certified mail to the address indicated in the notice of appeal. At the hearing the appellant shall be provided the opportunity to be heard in his/her defense either in person or by counsel and is allowed to produce witnesses and testify on his/her own behalf. A stenographic record of the hearing may be taken upon request. The hearing may be adjourned from time to time. For purposes of this section, the Board may administer oaths, take testimony, subpoena witnesses, and compel the production of books, papers, records and documents deemed pertinent to the subject of the appeal. The Board may affirm, reverse, or revise the decision being appealed in a written order. The Board shall serve a copy of its order to the appellant personally, by posting on the hotel/motel premises, by nationally recognized overnight mail carrier, or by certified mail to the address indicated in the notice of appeal within ten days after the Board's hearing.

      (5)   A ruling by the Board may be appealed by the appellant to the Montgomery County Common Pleas Court. The appeal must be filed within thirty days of the date of the Board's order.

   (b)   An action to issue, deny, revoke, suspend or renew a permit may be stayed at the discretion of the Director should the affected party take specific steps to remediate problems outlined in the notice of denial, revocation and suspension that include but are not limited to some or all of the following actions as determined by the Director:

      (1)   Completion of approved safety and security training, and/or training to identify criminal activity such as human trafficking;

      (2)   Twenty-four-hour presence of special duty uniformed police or qualified security;

      (3)   Voluntarily providing a list of individuals who have been trespassed off the business property to the Police Division and agreeing that room(s) will not be rented to anyone whose name appears on the Master Trespass List maintained by the Police Division;

      (4)   Installing functional access control doors and entryways where practicable with exterior building doors remaining locked or latched at all times and only accessible by guests and employees with a key card or other electronic means;

      (5)   Owner/operator engaging in routine (hourly or as time permits) inspection of exterior doors to ensure they are not propped opened;

      (6)   Providing hotel/motel staff with a designated hotel uniform or attire or other form of insignia such as a name plate, so they are readily identified as employees;

      (7)   Installing and monitoring a closed-circuit security video (CCSV) system that is controlled by management and viewable by front desk personnel with recording capabilities to monitor strategic locations such as exterior entry/exit doors, parking lot areas, and common areas accessible to guests. Training all management and front desk employees in the operation and functionality of the CCSV system;

      (8)   Routinely inspecting and testing all door locking mechanisms to ensure they are functional;

      (9)   Installing and maintaining adequate lighting in all parking areas to illuminate guests' vehicles;

      (10)   Having registered guests provide a government-issued photo identification card or other verifiable form of identification and document personal information on hotel registration records;

      (11)   Recording registered guest’s vehicle description and license plate and the number of total guests staying in a room;

      (12)   Posting of visible signage in parking areas and exterior entry/exit doorways that prohibits loitering and require staff to routinely inspect these areas to enforce the "No Loitering" rules;

      (13)   Maintaining operational telephones in each guest room to ensure the telephone is functional and can connect with an outside line;

      (14)   Implementation of minimum age of twenty-one for check-in for lodging properties;

      (15)   Requirement of use of valid credit card at check in;

      (16)   Installing and maintaining adequate working smoke detectors in all rooms and common areas;

      (17)   Routinely inspecting and testing all smoke detectors to ensure they are functional;

      (18)   Routinely inspecting and confirming occupancy limits for rooms; and/or

      (19)   Routinely inspecting and confirming compliance with applicable provisions regulating or prohibiting extended stays in hotels.

   (c)   All potential remedies outlined in division (b) of this section must be approved by the Director.

(Ord. 21-23. Passed 9-7-21.)

878.07 AUTHORITY TO CONDUCT INSPECTIONS.

   (a)   Upon display of the proper credentials, the City Manager or any officer or employee of the City of Vandalia Police or Fire Division, Building Inspector, Code Enforcement Officer, or County Department of Health shall be permitted to inspect the hotel/motel premises to ensure compliance with this chapter.

   (b)   If the request for inspection described in division (a) of this section is denied, the City Manager or any officer or employee of the City of Vandalia Police or Fire Division, Building Inspector, Code Enforcement Officer, or County Department of Health may seek an administrative search warrant from a court of competent jurisdiction authorizing said inspection.

(Ord. 21-23. Passed 9-7-21.)

878.08 TRANSFER OF HOTEL/MOTEL PERMIT NOT PERMITTED.

   (a)   No permit under this chapter shall be transferable to another person, corporation, firm, partnership, association, organization or other group acting as a unit.

   (b)   No permit under this chapter shall be transferable to another hotel/motel name or franchise, or hotel/motel location or building.

(Ord. 21-23. Passed 9-7-21.)

878.09 HOTEL/MOTEL PERMIT.

   The hotel/motel shall maintain the permit on the premises and shall display it in a prominent area that can be seen from the front desk.

(Ord. 21-23. Passed 9-7-21.)