For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) “Finance Director” means the Finance Director of the Village of Yellow Springs, Ohio.
(b) “Lodging Establishment” means every establishment kept, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are offered for a consideration to guests, in which one or more rooms are used for the accommodation of such guests, whether such rooms are in one or several structures. This includes but is not limited to hotels, motels, bed & breakfasts, cabins, condominiums, vacation homes, rooms in residences being rented to guests for sleeping accommodations, owner-occupied residences, accessory dwelling units, and non-owner occupied residences.
(c) “Occupancy” means the use or possession or the right to the use or possession of any room or rooms or space or portion thereof in any lodging establishment for dwelling, lodging, or sleeping purposes. The use or possession or right to use or possess any room or any suite of connecting rooms as office space, banquet or private dining rooms, or exhibit, sample or display space shall not be considered occupancy within the meaning of this definition unless the person exercising occupancy uses or possesses, or has the right to use or possess all or any portion of such room or suite of rooms for dwelling, lodging or sleeping purposes.
(d) “Operator” means the person who is the proprietor of the lodging establishment, whether in the capacity of owner, lessee, licensee, mortgagee in possession, or any other capacity. Where the operator performs their functions through a managing agent of any type or character, other than an employee, the managing agent shall be deemed an operator for the purposes of this chapter, and shall have the same duties and liabilities as the principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both.
(e) “Operator Occupied” means the operator is a natural person who permanently occupies the same property as the lodging establishment more than fifty-one percent of each calendar year as the operator's primary residence, documented by at least two of the following: motor vehicle registration, driver's license or state identification, tax documents, copy of lease/deed or other title documents, or utility bills. An operator can have only one primary residence.
(f) “Person” means any natural person, individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, limited liability company, estate, trust, business trust, receiver, trustee, syndicate, or any other group or persons combination acting as a unit.
(g) “Rent” means the consideration received for occupancy valued in money, whether received in money or otherwise, including all receipts, cash, credits, and property or services of any kind or nature, and also any amount for which the occupant is liable for the occupancy without any deduction there from whatsoever.
(h) “Room” means any room or portion thereof offered for a fee that contains, at a minimum, provisions for sleeping accommodations.
(i) “Transient guests” mean persons occupying a room or rooms for sleeping accommodations for less than thirty consecutive days.
(j) “Zoning Administrator” means the Zoning Administrator of the Village of Yellow Springs, Ohio.
(Ord. 2021-06. Passed 5-3-21.)