HomeMy WebLinkAbout2016-12 11-03 APNotary Public
DARLENE MARIE MACPHERSON
Notary PublIo.MInnesota
My Commisaton Esplreo Jan 31,2019
CITY OF
BROOKLYN CENTERNOTICE OF
PUBLIC HEARING
Notice is hereby given that a
Public Hearing will be held on the
28th day of November, 2016, at 7
p.m. or as soon thereafter as the
matter may be heard at the City
Hall, 6301 Shingle Creek Parkway,
to consider an ordinance requiring
City licenses for transient accom-
modations.
Auxiliary aids for persons with
disabilities are available upon re-
quest at least 96 hours in advance.
Please contact the City Clerk at
763-569-3300 to make arrange-
ments.
ORDINANCE NO. -
AN ORDINANCE AMENDING
CHAPTER 23 OF THE CITY
CODE OF ORDINANCES
ADDING SECTIONS 23-2400
THROUGH 23-2414 REQUIRING
LICENSES FOR TRANSIENT
ACCOMMODATIONS
THE CITY COUNCIL OF THE
CITY OF BROOKLYN CENTER
DOES ORDAIN AS FOLLOWS:
Section 1. Findings and Intent.
1.01 The level of criminal
activity occurring at hotels and mo-
tels in the City of Brooklyn Center
("City") is a real and compelling
concern to the City Council, resi-
dents, visitors, and the hotel and
motel industry itself.
1.02 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.
1.03 It is reasonable to re-
quire those hotels and motels with
a higher number of police calls for
service to employ certain measures
that have been shown to be effec-
tive in deterring crime.
1.04 To account for differ-
ences 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 num-
ber of calls for service based on a
per-lodging unit calculation for the
purposes of determining the level
of license required.
1.05 The City Council de-
termines it is in the best interests
of the City to take a proactive ap-
proach to deterring and minimizing
criminal activity at the City's hotels
and motels.
1.06 The City Council desires
to encourage and foster coopera-
tion between hotel and motel oper-
ators and the police department, so
calls for police service initiated by
the hotel or motel operator should
not be included in the calls for ser-
vice calculations for the purposes
of these regulations.
1.07 The license required by
this ordinance is a business license
issued under the City's general
police powers and is not intended
to regulate items addressed in a
Minnesota Department of Health li-
cense required of hotels and motels
under Minnesota law.
Section 2. Brooklyn Center City
Code, Chapter 23 is amended to
add new Sections 23-2400 to 23-
2414 as follows:
TRANSIENT ACCOMMODATIONS
Section 23-2400. PURPOSE.
It is the purpose of these Sections
23-2400 through 23-2414 to ensure
that hotels and motels (referred to
in these Sections as "transient ac-
commodations") are taking steps
and implementing measures as
may be needed to discourage the
use of their facilities for criminal ac-
tivities in order to protect the safety
of their guests and the public.
Those owning and operating tran-
sient accommodations in the City
have a responsibility to assure their
guests and visitors have accom-
modations that are safe, secure,
free from unreasonable noise, nui-
sances and threats to their safety
and security.
Section 23-2401. LICENSE
REQUIRED. It is unlawful for any
person, firm, or corporation to op-
erate a transient accommodation
in the City without a transient ac-
commodation license issued pur-
suant to Sections 23-2400 through
23-2414. A separate license is
required for each transient accom-
modation property.
Section 23-2402. DEFINITIONS
A."Annual calls for service" -
The aggregate total of all calls for
service to a transient accommo-
dation property in a calendar year
multiplied by the total number of
lodging units in the transient ac-
commodation as determined by
the City.
B."Call for service" - Includes
any of the following:
1.Any report of criminal activ-
ity made to the police department
from or concerning a transient ac-
commodation in connection with
an incident occurring at that tran-
sient accommodation prooerty,
except calls originating from the
owner, manager or other agent of
the owner of the transient accom-
modation property: or
2. Any incident observed by po-
lice concerning a transient accom-
modation property and is respond-
ed to by a police officer.
Only a call for service that is
verified by the responding police
officer as being a valid call for ser-
vice regarding criminal activity shall
be included in the annual calls for
service calculation for the purposes
of these Sections 23-2400 through
23-2414.
C."Level I transient accom-
modation" - Any transient accom-
modation whose annual calls for
service are less than .20 calls per
lodging unit.
D."Level II transient accom-
modation" - Any transient accom-
modation whose annual calls for
service are at least .20 calls per
lodging unit, but less than .40 calls
per lodging unit.
E."Level III transient accom-
modation" - Any transient accom-
modation whose annual calls for
service are at least .40 calls per
lodging unit or greater.
F."Lodging unit" - One self-
contained unit within a transient
accommodation designated by
number, letter, or some other meth-
od of identification that is designed
or used for overnight accommoda-
tions. A lodging unit shall not in-
clude areas or rooms not utilized
for overnight accommodations
such as banguet rooms, meeting
rooms, business centers, pool ar-
eas, and workout rooms.
G."Police department" - The
City of Brooklyn Center Police De-
partment.
H."Transient accommodation"
-Any facility such as a hotel, mo-
tel, condominium, resort, or any
other facility or place offering six
or more lodging units to guests for
periods of less than thirty days, but
not including 'ails, hospitals, care
facilities, senior living centers, resi-
dential treatment facilities, prisons,
detention homes, and similar facili-
ties.
I. "Transient accommodation
property" - Any land containing a
facility for transient accommoda-
tion including any associated park-
ing areas, recreation areas, loading
areas, or other amenities, located
on the same parcel of property,
Section 23-2403. RESTRIC-
TIONS ON ISSUING LICENSES. A
transient accommodation license
shall not be issued or renewed if
any of the following circumstances
exist:
A.The applicant submits an
incomplete license application or
fails to submit the required applica-
tion fee:
B.The applicant was not truthful
in any of the information provided
to the City as part of its request for
a license:
C.The transient accommoda-
tion is not in compliance with the
requirements of Sections 23-2400
through 23-2414, with any condi-
tion placed on its current transient
accommodation license, or with
any applicable federal, state, or
local law, rule, regulation, or ordi-
nance: or
D.The transient accommoda-
tion property is not in compliance
with any applicable federal, state,
or local law, rule, regulation, or or-
dinance.
Section 23-2404. LICENSING
PROCESS AND RENEWAL.
A.A new transient accommoda-
tion shall obtain a transient accom-
modation license prior to opening
for business. A new transient ac-
commodation that had not previ-
ously operated within the City shall
initially qualify for a Level I transient
accommodation license. The City
may charm a reduced license fee
for a new transient accommodation
license based on the number of
months remaining in the particular
licensing period.
B.On or before February 1st of
each year the City will notify each
existing transient accommodation
in writing of their annual calls for
service for the previous year and
the level of transient accommoda-
tion license for which they must
apply. Applications for a license re-
newal shall be submitted to the City
at least 30 days prior to the license
expiration date,
C. The transient accommoda-
tions must obtain the required
level of transient accommodation
license from the City by no later
than May 1st each year. All reguire-
ments applicable to the particular
level of license and any additional
conditions placed on the license
must be completed and fully imple-
mented by the licensee by August
1st. Failure to comply with the
requirements applicable to the li-
cense level, or any additional con-
ditions issued by the City Council,
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )ss
COUNTY OF HENNEPIN
Charlene Void being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
SP Brooklyn Ctr/Brooklyn Park
with the known office of issue being located
in the county of:
HENNEPIN
with additional circulation in the counties of:
HENN EPIN
and has full knowledge of the facts stated
below:
(A)The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B)This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for I successive week(s); the first
insertion being on 11/03/2016 and the last
insertion being on 11/03/2016.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. I, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
B y : —awmtwi
Designated Agent
Subscribed and sworn to or affirmed before
me on 11/03/2016 by Charlene Vold.
Rate Information:
(I) Lowest classified rate paid by commercial users
for comparable space:
$46.90 per column inch
Ad ID 615456
shall Constitute sufficient grounds
for the revocation, suspension, or
nonrenewal of the transient accom-
modation license,
Section 23-2405. LICENSE
FEE. The fee for a transient ac-
commodations license shall be as
set forth by City Council resolution.
The City Council may establish
fissparate fee for each licensing
level.
Section 23-2406. LICENSE PE-
RIOD. All transient accommoda-
tions licenses shall expire on April
30 each year.
Section 23-2407. TRANSFER
OF LICENSES. A transient accom-
modation license may be trans-
ferred to a new owner of a transient
accommodation continuing to op-
erate on the same transient accom-
modation property for which the
license was issued. Written notice
of the transfer shall be provided to
the City within ten (10) business
days after the transfer. The notice
shall include the name and address
of the person, firm, or corporation
taking ownership or control of the
transient accommodation. A tran-
sient accommodation license shall
not be transferred or relocated to a
transient accommodation located
on a different site.
Section 23-2408. LEVEL I
TRANSIENT ACCOMMODATION.
A Level I transient accommodation
is eligible for a transient accom-
modation license without needing
to comply with any special require-
ments beyond complying with any
conditions the City Council may
impose on the license. The license
shall be issued upon application,
payment of applicable fees, and
Proper licensing with all applicable
A.Obtain and maintain a record
of all guests renting the lodging
unit.
B.Submit a management plan
to the City detailing steps the es-
tablishment intends to take to re-
duce criminal activity.
C.Consult with the police de-
partment to obtain such inspec-
tion services and advice regarding
crime prevention as may be needed
to address the types and calls for
service made to the transient ac-
commodation property.
D.Consult with the police de-
partment to keep apprised of police
activity occurring on the transient
accommodation property.
E. Install and operate a surveil-
lance camera, with a recorder, in
the lobby at all times.
E Undergo a police department
crime prevention assessment of the
transient accommodation property.
Section 23-2410. LEVEL Ill
TRANSIENT ACCOMMODATIONS.
Level III transient accommodations
are required to meet the following
special reguirements, designed
to deter crime, to be eligible for a
transient accommodation licfig,.
and shall comply with any condi-
tions the City Council may impose
on the license.
A.Conform to the special re-
quirements set forth in Sections
23-2409 for a Level II transient ac-
commodation.
B.Conduct background checks
on all owners, managers, and em-
ployees of the transient accommo-
dations.
C.Hold semi-annual employee
training sessions assisted by the
Police department.
D.Provide 24-hour front desk
personnel.
E. Enforce the following guest
rules:
1.Lodging units cannot be rent-
ed for less than a six-hour period:
2.Prohibit guests from produc-
ing loud noises that unreasonably
disturb the tranquility of the other
guests or those adiacent to the
transient accommodation property;
and
3. Alcohol may not be con-
sumed in common areas except for
designated banquet or reception
rooms or areas.
F. Issue parking passes to all
vehicles allowed to park on the
transient accommodation property,
with each pass marked with an is-
sue date and expiration date.
G.Remove all graffiti and repair
all vandalism within seven (7) days
of occurrence.
H.Install lighting in all common
areas with minimum maintained
lighting of 1.5 foot-candles at
ground level.
I.Install and operate video moni-
toring equipment in all parking lots
on the transient accommodation
property that are monitored and re-
corded at the front desk at all times.
J.Have a licensed, armed, and
uniformed security guard on the
premises every day from 6:00 p.m.
until 6:00 am.
K. Submit to scheduled semi-
annual audits by the City to verify
compliance with the above-refer-
enced requirements.
Section 23-2411. BACK-
GROUND CHECKS.
A. To the extent a transient ac-
commodation is required by this
Section to conduct background
checks on its owners, managers,
and employees, such background
checks must comply with and in-
clude the following:
1.A Minnesota statewide crimi-
nal history check covering at least
the last three years, which must be
conducted by a company provid-
ing criminal history check services
utilizing the most recent update of
the Minnesota criminal history files:
2.A statewide criminal history
check from the person's previous
states of residence covering the
last three years if the person has
not resided in Minnesota for at least
the three years preceding the his-
tory check; and
3. A criminal history check con-
ducted in all seven counties in the
Twin Cities metropolitan area (the
counties of Anoka, Carver, Da-
kota, Hennepin, Ramsey. Scott,
and Washington) covering at least
the last three years, including all
misdemeanor, gross misdemeanor,
and felony convictions.
B. The transient accommoda-
tion 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 avail-
able for inspection upon request by
the City Manager or the City Man-
ager's designee.
Section 23-2412. REVOCATION
AND SUSPENSION OF LICENSE.
A transient accommodation license
may be revoked, suspended, or
not renewed by the City Council,
upon recommendation of the City
Manager, in accordance with this
Section.
A. The City Council may revoke,
suspend, or not renew a transient
accommodation license upon any
of the following grounds:
1.A false statement, misrepre-
sentation, or fraudulent statement
on any application or other infor-
mation or report required by these
Sections 23-2400 through 23-2414;
2.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:
3.Failure to comply with any of
the special requirements imposed
in Sections 23-2400 through 23-
2414 applicable to the particular
license level:
4.Failure to comply with any
of the conditions placed on the li-
cense by the City Council;
5.Failure to implement the man-
agement plan, if one is required, for
the transient accommodation:
6.Failure to continuously com-
ply with any zoning, health, build-
ing, nuisance, or other City Codes,
including failing to comply with any
corrective orders issued within the
time specified in the order:
7.Failure to obtain or maintain
any licenses required for the tran-
sient accommodation: or
8.Failure to comply with any
other applicable federal, state, or
local law, rule, regulation, or ordi-
nance.
B. A decision to revoke, sus-
pend, or not renew a transient
accommodation license shall be
Preceded by written notice to the
applicant or licensee of the alleged
grounds therefor and the applicant
or licensee will be given an oppor-
tunity to request a hearing before
the City Council before final action
is taken to revoke, suspend, or not
renew the license. An applicant
or licensee waives its right to a
hearing if it fails to submit a writ-
ten request for a hearing to the City
within ten (10) days of the issuance
of the written notice. If a timely re-
quest for a hearing is received, the
City Council shall conduct a hear-
ing at the next regularly scheduled
City Council meeting and provide
the applicant or licensee an oppor-
tunity to be heard.
C. The written decision to re-
voke, suspend, or not renew a
transient accommodation license
shall identify the specific grounds
for the decision. Upon issuance of
the written decision, no lodging unit
within the transient accommoda-
tion may be offered or used for
period of time by guests until a new
transient accommodation licenses
is issued.
Section 23-2413. REAPPLICA-
TION AFTER LICENSE ACTION.
Reapplication for a transient ac-
commodations license after the
City Council has revoked, suspend-
ed, or not renewed a license shall
be in accordance with this Section.
1.A transient accommodation li-
cense may be suspended for up to
ninety (90) days and may, after the
period of suspension, be reinstated
subject to compliance with these
Sections 23-2400 through 23-2414
and any conditions imposed by the
City Council at the time of suspen-
sion.
2.A transient accommodation
license revoked or not renewed
by the City Council will not be re-
instated or issued until the owner
has applied for and secured a new
transient accommodation license
and complied with all conditions
imposed at the time of revocation
or nonrenewal. The City Coun-
cil may impose a period following
the revocation or nonrenewal of
the owner's previous license dur-
ing which a new transient accom-
modation license may not be sub-
mitted. A decision not to renew a
transient accommodation license
may take the form of a suspension
or revocation.
3.An application for a new
transient accommodation license
following the revocation, suspen-
sion, or nonrenewal of the license
must be accompanied by a rein-
statement fee, as specified by City
Council resolution, in addition to all
other application and related fees.
4.The conditions of approval of
any subsequent application for a
license to operate a transient ac-
commodation on the same proper-
ty following a period of revocation
or denial of renewal of a transient
accommodation license shall be
based upon the transient accom-
modation property's history of an-
nual calls for service prior to the
revocation or non-renewal.
5. No subsequent application for
a transient accommodation license
on the same property following a
period of revocation or nonrenewal
shall not be approved unless the
applicant presents a corrective ac-
tion plan that is approved by the
City to help ensure the conditions
and causes of the prior revocation
or nonrenewal are appropriately
addressed. Implementation of,
and compliance with, the correc-
tive action plan shall be a condition
of the license.
Section 23-2414. VIOLATIONS.
A.Any person, firm, or corpo-
ration who violates any provision
of this Section is, upon convic-
tion, guilty of a misdemeanor. The
penalty that may be imposed for a
misdemeanor is a sentence of not
more than 90 days or a fine of not
more than $1,000, or both. Each
day upon which a violation of these
Sections 23-2400 through 23-2414
occurs constitutes a separate of-
fense.
B.Nothing in this Section shall
be construed as a waiver of any ap-
plicable state license requirements
or from compliance with any appli-
cable civil and criminal laws.
Section 3. Initial Licenses.
Persons, firms, and corporations
currently operating a transient ac-
commodation within the City of
Brooklyn Center shall obtain a tran-
sient accommodation license from
the City within 45 days from the ef-
fective date of this ordinance. The
level of transient accommodation
license will be calculated based on
the annual calls for service from the
previous year. Licenses for sub-
sequent years must be obtained
in accordance with the timelines
established in this ordinance. The
City will charge a reduced license
fee for the initial licenses based on
the number of months remaining in
the licensing period.
Section 4. Effective Date. This
ordinance shall be effective after
adoption and thirty days following
its legal publication.
Adopted this_ day of 2016.Mayor
ATTEST
City Clerk
(Strikeout indicates to be deleted,
double underline indicates new
matter.)
Published in the
Brooklyn Center Sun Post
November 3, 2016
615456