(a) Upon registering with the Zoning Administrator as required by Section 1262.08(e)(7)A. of the Village Code of Ordinances, each operator of any lodging establishment renting lodging to transient guests shall also register said establishment with the Finance Director to obtain a "Transient Occupancy Registration Certificate" to be at all times posted in a conspicuous place on the premises. Said certificate shall state the following:
(1) The name of the operator;
(2) The address of the lodging establishment;
(3) The date upon which the certificate was issued and the date of expiration;
(4) "This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the Village of Yellow Springs Lodging Excise Tax Ordinance for the purpose of collecting from transient guests the Lodging Excise Tax and remitting said tax to the Finance Director. This certificate does not constitute a permit."
(b) Certificate Fees. For each certificate issued, the Finance Director shall collect payment upon the initial registration and then annually thereafter according to the classification of the operator:
(1) Hotel/motel: $100.00
(2) Bed and breakfast/inn: $100.00
(3) Operator occupied: $100.00
(4) Non-operator occupied: $500.00
(c) Each operator of an establishment which is non-operator occupied, or is not a hotel/motel or bed and breakfast/inn as defined in the Zoning Code shall pay a single affordable housing mitigation fee of one thousand five hundred dollars ($1,500) annually to mitigate detrimental effects of removing traditional rental or home ownership options, due concurrent with certificate fees upon initial registration and thereafter with tax filing annually.
(d) Each operator who files for registration as an "operator occupied" establishment shall provide at least two forms of proof of residency annually.
(e) For establishments which are non-operator occupied and do not fit the Code or statutory definitions of hotel/motel or bed and breakfast/inn, the principal of the operator (if the operator is a business entity such as a corporation, limited liability company or partnership) or the natural person responsible for the registration shall, at the operator's expense, provide an updated FBI/BCI background check, to be kept confidential with the initial registration, and updated at least every three years. Any convictions for financial crimes, nuisances, soliciting prostitution, human trafficking, permitting underage consumption or similar offenses shall be grounds for the Finance Director to revoke the annual registration or deny renewal.
(f) Each operator shall provide, with each registration, a general description of any hosting platform or booking service the operator uses or intends to use for reservations or payment, or to facilitate such transactions, including but not limited to AirBNB, VRBO or other entities which may collect, directly or indirectly through an agent or intermediary, a fee in connection with such reservations and payment services. Each operator shall provide a written release to the Finance Director at each registration for use in auditing such records and advise the Finance Director if the operator uses a fiscal year different from the calendar year for accounting.
(g) Each certificate issued or renewed under this section expires on the date of the reporting and remitting deadline set forth in Section 882.07 (April 15 annually unless extended by the Finance Director).
(Ord. 2021-06. Passed 5-3-21.)