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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