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Home My WebLink About2015 Ordinance No. 051• ORDINANCE NO. '5" I SERIES OF 2015 BY AUTHORITY COUNCIL BILL NO. 55 INTRODUCED BY COUNCIL MEMBER McCASLIN AN ORDINANCE APPROVING A NEW CHAPTER 30 OF TITLE 5, BUSINESS AND LICENSE REGULATIONS, FOR THE LICENSING AND REGULATION OF HOTEL AND MOTEL SERVICES WlTIDN THE CITY OF ENGLEWOOD. WHEREAS, the Englewood City Council desires to address current problems and issues with motels in Englewood; and WHEREAS, under 31-15-501 of the Colorado Revised Statues, a municipality is given the power to regulate businesses; and WHEREAS, the Englewood Municipal Code does not currently license or regulate hotels or motels; and WHEREAS, the Englewood City Council desires to improve the business and residential quality of life in the City; and WHEREAS, the City requires hotels and motels to operate in accordance with applicable municipal laws and state statutes; and WHEREAS, the licensing of hotels and motels will provide an inspection process to protect the public health, safety and welfare from unsanitary conditions; and WHEREAS, the City of Englewood requires a pest certification related to the control and eradication of vermin within the individual rooms and complex to protect the public health, safety and welfare; and WHEREAS, the annual inspections related to fire and building code compliance are designed to protect the public and first responders; and WHEREAS, the definition of hotel / motel is specifically chosen to avoid a change in tax policy;and WHEREAS, this Ordinance is not addressing short term rentals, such as Airbnb, which are currently being studied by the Planning and Zoning Commission and will be addressed by a future ordinance; and WHEREAS, this Ordinance is not addressing the recent U.S. Supreme Court decision in Los Angeles vs. Patel regarding the inspection of hotel registers by law enforcement which will be addressed in a future ordinance; and WHEREAS, this Ordinance is not addressing the use and provision of vouchers by non-profit and for-profit groups to provide temporary housing to persons who find themselves suddenly without shelter which will be addressed in a future ordinance; and 1 WHEREAS, the City Manager will bring forth a Resolution establishing a fee to recover the actual costs of administering the program, principally the recovery of cost of inspections. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil, OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado, hereby amends Title 5, of the Englewood Municipal Code 2000, with the addition of a new Chapter 30 to read as follows: ~: HOTEi, AND MQJRL SERVICES ™: Definitions. for the purpose of this chapter the following definitions apply; Hote((Motel; An establishment. making rooms available to the public, where the period of lodging ror which such rental fee, price or other consideration is paid or received shall be less than qm days. Pest Control Certificqtion,· Shall mean an annual certification, issued within thirty £30) days of submission of the Application from a fully licensed pest control company that the proposed premises is free of insect and/or pest inf estatign. 5-30-2; License Required, It shaJl he unlawful for any person or entity to offer or proyide hotel or motel services in the City of Englewood without haying first obtained a license. 5:39:3; Applieatjon for License, Hotel and Motel licenses shall be issued in accordance with Chanter t ofthjs Title. 5--3Q-4; Special Conditions and Bestrictious of the License. In addition to the requirements of Chapter 1 of this Title, the following special conditions and restrictions apply; A. Hotel or Motel licenses may not be transfen;ed to another person or location other than that listed in the license application. lL Any change of owner. officer. director or holder of more than ten percent of the shares of stock of a comorate license holder or partner of a partnership, requires a written amendment to the original application for the issuance 0{ a hotel or motel license. Jhe amendment shall be submitted to the Licensing Officer within thirty qm days of the change 0[ ownership. A change of ownership amendment is not required if the licensed hotel or motet is owned directly or beneficially by a person that as an issuer has a class of securities registered pursuant to Section 12 of the Securities Exchange Act of 1234 <the "Act"l or is an issuer of securities which is required to file reports with the Securities and Exchange Commission pursuant to Section ts<d} of the Act, provided that such person files with the commissioner 2 ·•..., • such infonpation, documents AP4 reports as are rcquifed by the provisions of the Act to be filed by such issuer with the Securities and Exchange commission. Jhe issuer shalt file with the Licensing Officer infonnatjon °o officers and directors of such issuer of any licensed or iptennediate subsidiary as is otherwise rs;smircd of officers and directors of corporate hotel or ~ ~ Pest Control Pest control Certification must be submitted with the license application and annually thereafter. 12. The fire Marshal and Chief Building Code Official shall inspect the hotel/motel prior to issuance or renewal of a license. A license 0c renewal shall not he issued until the hotel/motet is in compliance with a11 provisions of the Englewood MµnicipaJ Code and associated ftre and building codes adopted by the City. Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 19111 day of October 2015 . Published as a Bill for an Ordinance in the City's official newspaper on the 22nd day of October, 2015. 3 Published as a Bill for an Ordinance on the City's official website beginning on the 21st day of October, 2015 for thirty (30) days. Read by title and passed on final reading on the 2nd day of November, 2015 . Published by title in the City's official newspaper as Ordinance No. f5'!, Series of 2015, on the 5lh day of November, 2015. Published by title on the City's official website beginning on the 4th day of November, 2015 for thirty (30) days . This Ordinance shall take effect thirty (30) days after publication following final passage. C,>~ ~ .Penn, Mayor I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. 5l Series of 2015. 4 • • I • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: November 2, 2015 11bl Recommendation to approve a bill for an ordinance related to Hotel and Motel Licensing- 2nd Reading Initiated By: Staff Source: Police Department Deputy Chief Jeff Sanchez PREVIOUS COUNCIL ACTION NIA RECOMMENDED ACTION The Police Department recommends that City Council adopt, on second reading, a Bill for an Ordinance which would add a new section (5-30) to the Englewood Municipal Code 2000 pertaining to Hotel and Motel Services -Licensing. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This ordinance would require any person or entity providing hotel or motel services to obtain a license in order to provide these services in Englewood. There are conditions which pertain to the transfer of a license, as well as changes involving an owner, officer, director, etc. A Pest Control Certification will need to be submitted with the license application. The Fire Marshal and Building Division will be required to inspect the hoteVmotel prior to the issuance or renewal of a license. The licensee will need to be in compliance with all Englewood codes prior to the issuance of a license or renewal. FINANCIAL IMPACT No significant financial impact is anticipated. LIST OF ATTACHMENTS Bill for an Ordinance COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: October 19, 2015 11aii Recommendation to approve a bill for an ordinance related to Hotel and Motel Licensing Initiated By: Staff Source: Police Department Deputy Chief Jeff Sanchez PREVIOUS COUNCIL ACTION NIA RECOMMENDED ACTION The Police Department recommends that City Council adopt a Bill for an Ordinance which would add a new section (5-30) to the Englewood Municipal Code 2000 pertaining to Hotel and Motel Services -Licensing. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This ordinance would require any person or entity providing hotel or motel services to obtain a license in order to provide these services in Englewood. -There are conditions which pertain to the transfer of a license, as well as changes involving an owner, officer, director, etc. A Pest Control Certification will need to be submitted with the license application. The Fire Marshal and Building Division will be required to inspect the hotel/motel prior to the issuance or renewal of a license. The licensee will need to be in compliance with all Englewood codes prior to the issuance of a license or renewal. FINANCIAL IMPACT No significant financial impact is anticipated . LIST OF ATTACHMENTS Bill for an Ordinance