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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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