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(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.)
(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.)
(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.)
(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.)
In the event any section or provision of this chapter shall be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this chapter as a whole or any part thereof other than the part so declared to be invalid or unconstitutional.
(Ord. 21-23. Passed 9-7-21.)
(a) Whoever violates Section 878.02(a) shall be guilty of a misdemeanor of the first degree. Anyone who has previously been convicted of or pleaded guilty to an offense under this section shall be guilty of a misdemeanor of the first degree, and shall serve no less than thirty days in jail.
(b) Whoever violates Section 878.09(a) shall be guilty of a minor misdemeanor.
(c) Violations of this chapter shall be deemed a public nuisance. In addition, or in lieu of the above, the City may institute an appropriate action or proceeding at law or equity against the person responsible for the violation for the purpose of ordering that person:
(1) To restrain, correct or remove the violation; or
(2) To prevent the occupancy of the structure that is not in compliance with the provisions of this section.
(Ord. 21-23. Passed 9-7-21.)