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HomeMy WebLinkAboutCity Council Ordinance 2018-17 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2018-17 ORDINANCE AMENDING CHAPTERS IV AND X OF THE CITY CODE CONCERNING BUSINESS LICENSES FOR HOSPITALITY ACCOMMODATIONS THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Amendment. Chapter IV of the Plymouth City Code(Building, Housing and Construction Regulations)is hereby amended by adding the following: 435.01. Findings and Intent. Subdivision. 1. The City of Pl outh(City) desires that hotel and motel owners provide safe Hospitality Accommodations. Subd. 2. The Council determines it is in the best interests of the City to take a proactive approach to deterring and minimizing criminal activity and minimizing safety concerns at the hotels and motels within the City of Pl mom. Subd. 3. The Council desires to encourage and foster cooperation between hotel and motel operations in the City, so calls for service initiated by the hotel or motel operator should not be included in the calls for service calculations for the p^pr oses of these regulations. Subd. 4. The level of criminal activity occurring at hotels and motels in the City is a real and compelling concern to the Council,residents, visitors, and the hotel and motel indus itself. Subd. 5. A review of the police service calls regarding criminal activity demonstrates that some hotels and motels in the City are responsible for a disproportionate number of those calls. Subd. 6. It is reasonable to require hotels and motels with a higher number of police calls for service to employ certain measures that have been shown to be effective in deterring crime. Subd. 7. To account for differences in the number of lodging units among the hotels and motels, and to avoid larger properties being disproportionately represented, it is appropriate to consider the number of calls for service based on a per-lode unit calculation for the purposes of determining the level of business license required. Subd. 8. The license required by this ordinance is a business license issued under the Citeseg neral police powers and is not intended to regulate items addressed in a Minnesota Department of Health required of hotels and motels under Minnesota law. 1 435.03. Purpose. It is the purpose of this Section 435 to ensure that steps are beingtaken aken by Hospitality Accommodations to improve safety and discourage the use of their facilities for criminal activities in order to protect the safety of their guests and the public. 435.05. Business License Required. It is unlawful for any person, firm or corporation to operate a Hospitality Accommodation in the City without a Hospitality Accommodation business license issued pursuant to this Section. A separate business license is required for each Hospitality Accommodation Property. 435.07. Definitions. Sub. 1. Annual Calls for Service. The aggregate total of all calls for service to a Hospitality Accommodation Property in a calendar year divided by the total number of Lodging Units in the Hospitality Accommodation as determined by the City. Subd. 2. Call for Service. A. Any report of criminal activity made to the City from or concerning a Hospitality Accommodation Property, verified by the City, in connection with an incident occurringat t that property, except calls originating from the owner, manager or other employee of the owner of the Hospitality Accommodation Property unless they knew or reasonably should have known that such an incident would occur based upon prior experience with the person or group and with that knowledge they nevertheless allowed the person or group to return to the Hospitality Accommodation Property; or B. Any criminal activity, violation of City Code or general call for service requiring a police response, except medical emergencies, domestics,proactive policing measures, observed by the City concerning a Hospitality Accommodation Property and is responded to by the City. C. All violations identified under section A and B shall be included in the annual calls for service calculation for the pu_pr oses of this Section. Subd. 3. Hospitality Accommodations. Any facility such as a hotel, motel, resort, corporate lodging, or any other accommodation offering six or more lodging units to guests,but not including jails,hospitals, care facilities, senior living centers, residential treatment facilities, prisons, detention homes, and similar facilities. Subd. 4. Hospitality Accommodation Property. Any land containing a facility for Hospitality Accommodations including any lodging unit, associated parking areas, recreation areas, loading areas,rooms not utilized for overnight accommodations such as banquet rooms, meeting rooms,business centers, pool areas, workout rooms or other amenities, located on the sarne parcel of property. 2 Subd. 5. Level I Hospitality Accommodation. Any Hospitality Accommodation who when checked,has no more than three violations of the Minimum Hospitality Accommodation Standards (Section 435.50) in any business license period or whose annual calls for service are less than .50 calls per Lodging Unit. Subd. 6. Level II Hospitality Accommodation. An JHo�pitality Accommodation who when checked, does not comply with the Minimum Hospitality Accommodation Standards (Section 435.50) four times in any business license period or whose annual calls for service are at least .50 calls per Lodging Unit,but less than .75 calls per Lodging Unit. Subd. 7. Level III Hospitality Accommodation. Any Hospitality Accommodation who when checked, does not comply with the Minimum Hospitality Accommodation Standards (Section 435.50) five times in an_y business license period or whose annual calls for service are at least .75 calls per Lodging Unit or greater. Subd. 8. Lodging Unit. One self-contained unit within a Hospitality Accommodation designated ted by number, letter, or some other method of identification that is designed or used for overnight accommodations. 435.09. Restrictions on Issuing Business Licenses. A Hospitality Accommodation business license shall not be issued or renewed in any of the following circumstances exists: Subd. 1. The applicant submits an incomplete business license application or fails to submit the required application fee; Subd. 2. The applicant was not truthful in any of the information provided to the City as part of its request fora business license; Subd. 3. The Hospitality Accommodation is not in compliance with the requirements of this Section, with any condition placed on its current Hospitality Accommodation business license or with any applicable federal, state, or local law,rule, regulation, or ordinance; Subd. 4. The Hospitality Accommodation Property is not in compliance with any applicable federal state or local law,rule,regulation, or ordinance (including but not limited to, health, fire and elevator); Subd. 5. Business licenses shall be issued only to owners free of convictions of prostitution or offenses which involve moral turpitude within the previous three years of the application date; or Subd. 6. Has an employee that is required by this ordinance to complete a background ound check that does not comply with the above stipulations and this Section. 435.11. Business Licensing Process and Renewal. 3 Subd. 1. A new Hospitality Accommodation shall obtain a Hospitality Accommodation business license prior to opening for business. A new Hospitality Accommodation that had not previously operated within the City shall initially qualify for a Level I Hospitality Accommodation business license. The City may charge a reduced business license fee for a new Hospitality Accommodation business license based on the number of months remainingin'n the particular business licensing period. Subd.2. If a new owner of a previously licensed Hospitality Accommodation is affiliated with the prior owner, the Level 1, II or III Accommodation shall not be changed based upon the change in ownership. If a new owner of a previously licensed Hospitality Accommodation is not affiliated with the prior owner, the Level of Accommodation shall be Level I. Subd.3. On or before February 1 st, of each year the City will notify each existing Hospitality Accommodation in writing of their annual calls for service for the previous year and the level of Hospitality Accommodation business license for which they must apply_ Applications for a business license renewal shall be submitted to the City at least 30 days prior to the business license expiration date. Subd. 4. The Hospitality Accommodations must obtain the required level of Hospitality Accommodation business license from the City by no later than May 1 st each year. All requirements applicable to the particular level of business license and any additional conditions placed on the business license must be completed and fully implemented by the business licensee by August 1. Failure to comply with the requirements applicable to the business license level, or any additional conditions issued by the Council, shall constitute sufficient grounds for revocation, suspension, or non-renewal of the Hospitality Accommodation business license. 435.13. Property Safety Inspection. Pursuant to this Section, the City shall make safety inspections to determine the condition of Hospitality Accommodations for the purpose of enforcing the property maintenance code and the standards stipulated in this Section. The City may enter, examine and survey at all reasonable times all Hospitality Accommodation lodging units, common areas, and operational areas. Safety inspections of the Lodging Units will occur after obtaining consent from the occupants of the Lodging Units. In the event that an occupant does not consent to entry by the City, and if there is probable cause to believe that an inspection is warranted then application may be made to the court for an administrative or other search warrant for the purpose of inspecting the Lodging Unit and premises. Subd. 1. A minimum of 15%of all Lodging Units shall be inspected during an annual inspection. The determination of which lodging units to be inspected will be made by the City to ensure that all Lodging Units will be inspected periodically. Subd. 2. All Hospitality Accommodation common areas and operational areas shall be included in every safety inspection. Subd. 3. The property safety inspection shall be performed annually and is required prior to the issuance of a new Hospitality Accommodation business license or the renewal of an existing Hospitality Accommodation business license. 4 Subd. 4. All corrective action stipulated as part of the property safety inspection shall be completed in the timeframe stipulated in the notice provided by the City. The corrective action shall occur and be approved by the City prior to issuance or renewal of a Hospitality_ Accommodation business license. Subd. 5. During the annual Property Inspection, City staff will inspect the items listed on the Hospitality Accommodations inspection checklist. 435.15. License fees. The annual license fees for Hospitality Accommodations are set forth in Chapter X of this code. 435.17. Business License Period. Hospitality Accommodations business licenses shall expire on April 30 of each year. 435.19. Transfer of Business License. A Hospitality Accommodation business license cannot be transferred to a new owner. 435.21. Minimum Hospitality Accommodation Standards. The following minimum standards shall be maintained by each Hospitality Accommodation business license holder: Subd. 1. Implement clear check-in policies (that must include, at a minimum,the following: A. Comply with Minnesota State Statute 327.10. B. Guests shall guarantee payment with a credit card to reserve a room as stipulated in Section 1180 of the City Code. Subd. 2. Provide training, at least annually,to all staff members in cooperation with the City of Plymouth. Subd. 3. All officers of the ownership group (including,but not limited to, President, Vice President, Secretary and Treasurer) of the Hospitality Accommodations shall provide name, address, e-mail and telephone information. Subd. 4. All managers and other responsible employees of the Hospitality Accommodations shall provide name, address, e-mail and telephone information. Subd. 5. Require a manager or other responsible employee to be on premises at all times. Subd. 6. Inspect rooms of guests who refuse maid service for three consecutive days or behave suspiciously in a manner that the Hospitality Accommodations staff,based on training and experience, could reasonably suspect is not lawful. 5 435.23. Level I Hospitality Accommodation. A Level I Hospitality Accommodation is eligible for a Hospitality Accommodation business license without needingto o comply with any special requirements beyond compl jnng_with any conditions the Council may impose on the business license. The business license shall be issued upon application,payment of applicable fees, safety inspection, current certificates for fire and elevator inspections, and proper licensing_ with all applicable government agencies, including the Minnesota Department of Health. 435.25. Level II Hospitality Accommodation. A Level II Hospitality Accommodation is required to meet the following special requirements, designed to deter crime, in order to be eligible for a Hospitality Accommodation business license, and shall comply with any conditions the Council may impose on the business license. Subd. 1. Submit a management plan to the City detailing steps the establishment intends to take to reduce criminal activity. Subd. 2. Consult with the City to obtain such inspection services and advice regarding_ crime prevention as may be needed to address the types and calls for service made to the Hospitality Accommodation Property. Subd. 3. Keep City apprised of criminal activity occurring on the Hospitality Accommodation Property. Subd. 4. Install and operate a surveillance camera, with a recorder, in the lobby, at all times. Subd. 5. Management and staff shall attend a City offered training on crime prevention for the Hospitality Accommodation Property. 435.27. Level III Hospitality Accommodations are required to meet the following special requirements, designed to deter crime, to be eligible for a Hospitality Accommodations business license, and shall comply with any conditions the Council may impose on the business license. Subd. 1. Conform to the special requirements set forth in 435.60 for a Level II Hospitality Accommodation. Subd. 2. Conduct background checks on all officers of the ownership group (including_ but not limited to, President, Vice President, Secretary and Treasurer),managers, and employees of the Hospitality Accommodation. Subd. 3. Hold semi-annual training sessions assisted by the City for all employees (these sessions shall be held in the first and third quarters of a calendar year). Subd. 4. Provide 24-hour front desk personnel that is either a manager, an employee that has the ability to contact a manager at any time necessary, and/or has access to the surveillance system and information stipulated in this ordinance. 6 Subd 5. Information(photo identification, names, addresses and phone numbers) from renters and guests of non-lodging unit space(banquet rooms, and meetingrooms)ooms) shall be collected. Subd. 6. Enforce the following guest rules: A. Lodging units shall be rented for a minimum of one night; B. Alcohol may not be consumed in Hospitality Accommodation common areas except for designated restaurants,banquet or reception rooms or areas. Subd. 7. Issue parking passes to all vehicles allowed to park on the Hospitality Accommodation Property, with each pass marked with an issue date and expiration date. Subd. 8. Remove all graffiti and repair all vandalism within seven days of occurrence. Subd. 9. Install and operate video monitoring equipment in all parking lots on the Hospitality Accommodation Property that are monitored and recorded at the front desk at all times. Subd. 10. Have a dedicated security guard on the premises every day from 6:00 p.m. until 6:00 a.m. Subd. 11. Submit to scheduled semi-annual audits by the City to verify compliance with the above-referenced requirements. 435.29. Background Checks. Subd. 1. To the extent a Hospitality Accommodation is required by this Section to conduct background checks on its owners,managers, and employees, such background checks must comply with and include the following: A. A Minnesota statewide criminal history check covering at least the last three years,which must be conducted by a company providing criminal history check services utilizing the most recent update of Minnesota criminal history files; B. A statewide history check from the person's previous states of resident covering the last three years if the person has not resided in Minnesota for at least the three years Preceding the history check; and C. A criminal history check conducted in all seven counties in the Twin Cities metropolitan area(counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott and Washington) covering at least the last three years, including all misdemeanor, gross misdemeanor, and felony convictions. 7 Subd. 2. The Hospitality Accommodations shall retain the criminal history check information for the duration of the person's employment,but in no case less than two years, and shall make the information available for inspection upon request by the City Manager or his or her designee. 435.31. Revocation and Suspension of Business License or Fining of License holder. A Hospitality Accommodation business license may be revoked, suspended, or not renewed by the Council, or a fine levied, upon recommendation of the City Manager, in accordance with this Section. Subd. 1. The Council may revoke, suspend, or not renew a Hospitality Accommodation business license upon any of the followingori: A. A false statement, misrepresentation, or fraudulent statement on any application or other information or report required by this Section; B. Failure to pay the application fee, fine, penalty,reinstatement fee, special assessment,real estate taxes, or other financial claim due to the City under this Code; C. Failure to comply with any of the special requirements imposed in this Section applicable to the particular business license level; D. Failure to comply with any of the conditions placed on the business license by the Council; E. Failure to implement the management plan, if one is required, for the Hospitality Accommodation. F. Failure to continuously comply with any zoning, building,nuisance, or other City Codes, includingfailing ailin t�mply with any corrective orders issued within the time specified in the order; G. Failure to obtain or maintain any licenses required for the Hospitality Accommodation; or H. Failure to comply with any other applicable federal, state, or local law, rule,regulation, or ordinance. Subd. 2. A decision to revoke, suspend, or not renew a Hospitality Accommodation business license shall be preceded by written notice to the applicant or business licensee of the alleged grounds therefore and the applicant or business licensee will be given an opportunity to request a hearing before the Council before final action is taken to revoke, suspend, or not renew the business license. An applicant or business licensee waives its right to a hearing b fig to submit a written request for a hearing to the City within 10 days of the issuance of the written 8 notice. If a timely request for a hearing is received, the Council shall conduct a hearing within 30 damprovide the applicant or business licensee an opportunity to be heard. Subd. 3. The written decision to revoke, suspend, or not renew a Hospitality issuance of the written decision, no Lodging Unit within the Hospitality Accommodation may be offered or used for any period of time by guests until a new Hospitality Accommodation business license is issued. Subd. 4. A fine of$500 will be levied for a Call for Service once a Hospitality Accommodation reaches a Level II for up to two subsequent violations. Thereafter, starting with the third violation, further violations will result in a hearing before the Council for the possible suspension of the Hospitality Accommodations business license. Subd 5. A fine of$1,000 plus actual costs will be levied for a Call for Service once a Hospitality Accommodation reaches a Level III for up to two subsequent violations. Thereafter, starting with the third violation, further violations will result in a hearing before the Council for the possible suspension or revocation of the Hospitality Accommodations business license. 435.33. Reapplication After Business License Action. Reapplication for a Hospitality Accommodations business license after the Council has revoked, suspended, or not renewed a business license shall be in accordance with this Section. Subd. 1. A Hospitality Accommodation business license may be suspended for up to 90 days and may, after the period of suspension,be reinstated subject to compliance with this Section and any conditions imposed by the Council at the time of suspension. Subd. 2. A Hospitality Accommodation business license revoked or not renewed by the Council will not be reinstated or issued until the owner has applied for and secured a new Hospitality Accommodation business license and complied with all conditions imposed at the time of revocation or non-renewal. In no case shall a Hospitality Accommodation business license revoked or not renewed be allowed to be reinstated or issued for a period of 90 days. The Council may impose a period following the revocation or non-renewal of the owner's previous business license during which a new Hospitality Accommodation business license may be submitted. A decision not to renew a Hospitality Accommodation business license may take the form of a suspension or revocation. Subd. 3. An application for a new Hospitality Accommodation business license following the revocation, suspension, or non-renewal of the business license must be accompanied by a reinstatement fee, as specified in Chapter X of this code in addition to all other application and related fees. Subd. 4. The conditions of approval of ans�ug, ent application for a business license to operate a Hospitality Accommodation on the same property following a period of revocation or denial of renewal of a Hospitality Accommodation business license shall be based upon the Hospitality Accommodation property's history or annual calls for service prior to the revocation or non-renewal. 9 Subd. 5. No subsequent application for a Hospitality Accommodation business license on the same property following a period of revocation or non-renewal shall be approved unless the applicant presents a corrective action plan that is approved by the City to help ensure the conditions and causes of the prior revocation or non-renewal are appropriately addressed. Implementation of, and compliance with, the corrective action plan shall be a condition of the business license. 435.35. Violations. Subd. 1. AU person, firm, or corporation who violates any provision of this Section is, upon conviction, guilty of a misdemeanor. The penalty that may be imposed for a misdemeanor is a sentence or not more than 90 days or a fine of not more than$1,000, or both. Each dayupon which a violation or this Section occurs constitutes a separate offense. Subd. 2. Nothing in this Section shall be construed as a waiver of any applicable state license requirement or from compliance with any applicable civil and criminal laws. 435.37. Initial Business Licenses. Persons, firms, and corporations currently operating a Hospitality accommodation within the City of Plymouth shall obtain a Hospitality Accommodation business license from the City within 45 days from the effective date of this ordinance. The level of Hospitality Accommodation business license will be calculated based on the annual calls for service from the previous year. Business licenses for subsequent years must be obtained in accordance with the timelines established in this Section. SECTION 2. Amendment. Chapter X of the Plymouth City Code(Licenses and Permits; Procedures and Fees), Section 1010.01, Subd. 7 is hereby amended by adding the following: Subd. 7. Miscellaneous. A. Kennel License $75 with no prorating of license fee B. Multiple Animal License $50 for first applications with inspection $15 for general renewals with no inspection C. Late License Penalty $12 D. Impound fees Administrative Fine plus actual boarding costs Administrative Fines: 1st offense $33 (plus boarding) 2nd offense $66 (plus boarding) 3rd offense $99 (plus boarding) 4th offense and each additional $150 (plus boarding) E. Dangerous Dog License $500 10 F. Peddlers 1140 $10/day $30/week $60/month $300/six months G. Trap Shooting Range 930 $110 H. Tobacco and Related Products 1150 $300 I. Fireworks, Selling Fireworks Only 1110 $350 J. Fireworks, Other Vendors 1110 $100 K. Sign Contractor Zoning Ordinance $75 L. Motorized Golf Cart Operator 1305 $25 M. Therapeutic Massage Licenses 1135 Massage Therapist $75 annual license fee $150 investigation fee (new applications) Therapeutic Massage Enterprise $300 annual license fee $300 investigation fee (new applications) N. Sexually Oriented Business—Primary 1175 On premises uses $5,000 annual license fee Off premises uses $1,000 annual license fee Investigation fee Actual costs, not to exceed $3,000 Sexually Oriented Business—Accessory No license fee O. Hospitality Accommodations 435 Level I $150 annual license fee Level II $1,000 annual license fee Level III $5,000 annual license fee SECTION 3. Effective Date. This amendment shall take effect immediately upon its passage. APPROVED by the City Council this 26th day of June, 2018. kvul K i Slavik, Mayor ATTEST: andra R. Engdahl, CUy Clerk 11