HomeMy WebLinkAbout2016-12 12-08 AP AFFIDAVITOF PUBLICATION` ION CITY OF modations that are safe. secure. I. 'Transient accommodation
BROOKLYN CENTER free from unreasonable noise, nuk property"-Any land containing a
STATE OF MINNESOTANOTICE OF ORDINANCE sances and threats to their safety facility for transient accommoda-
OF HENNEPIN )ss ADOPTION ORDINANCE and security. tion including any associated park-
COUNTYNO.2016-12 Section 23-2401. LICENSE ing areas,recreation areas.loading
AN ORDINANCE AMENDING REQUIRED. It is unlawful for any areas, or other amenities, located
Charlene Vold being duly sworn on an oath, CHAPTER 23 OF THE CITY person,firm,or corporation to op- on the same parcel of property.
states or affirms that he/she is the Publisher's CODE OF ORDINANCES erate a transient accommodation Section 23-2403. RESTRIC-
Designated Agent of the newspapers)known ADDING SECTIONS 23- in the City without a transient ac- TIONS ON ISSUING LICENSES. A
2400 THROUGH 23-2414 commodation license issued our- transient accommodation license
as: REQUIRING LICENSES suant to Sections 23-2400 through shall not be issued or renewed if
FOR TRANSIENT 23-2414. A separate license is any of the following circumstances
SP Brooklyn Ctr/Brooklyn Park ACCOMMODATIONS required for each transient accom- exist:
THE CITY COUNCIL OF THE modation property. A. The applicant submits an
CITY OF BROOKLYN CENTER Section 23-2402. DEFINITIONS incomplete license application or
with the known office of issue being located DOES ORDAIN AS FOLLOWS: A. "Annual calls for service" - fails to submit the required applica-
in the county of: Section 1. Findings and Intent. The aggregate total of all calls for tion fee:
HENNEPIN 1.01 The level of criminal activ- service to a transient accommo- B.The anolicant was not truthful
with additional circulation in the counties of: ity occurring at hotels and motels in dation property in a calendar year in any of the information provided
re
HENNEPIN the City of Brooklyn Center("City") multiplied by the total number of to the City as part of its quest for
is a real and compelling concern to lodging units in the transient ac- a license:
and has full knowledge of the facts stated the City Council,residents,visitors, commodation as determined by C. The transient accommoda-
below: and the hotel and motel industry the Cily. tion is not in compliance with the
(A)The newspaper has complied with all of itself. B. "Call for service"-Includes reguirements of Sections 23-2400
1.02 A review of the police ser- any of the following: through 23-2414, with any condi-
the requirements constituting qualifica- vice calls regarding criminal activity 1_Any report of criminal activ- tion placed on its current transient
tion as a qualified newspaper as provided demonstrates that some hotels and ity made to the police department accommodation license, or with
by Minn.Stat.§331A.02. motels in the City are responsible from or concerning a transient ac- any applicable federal, state. or
(B)This Public Notice Was printed and pub- for a disproportionate number of commodation in connection with local law, rule, regulation, or ordk
those calls. an incident occurring at that tran- nance:or
lished in said newspaper(s) once each 1.03 It is reasonable to require sient accommodation property. D. The transient accommoda-
week, for 1 successive week(s); the first those hotels and motels with a except calls originating from the tion property is not in compliance
insertion being on 12/08/2016 and the last higher number of police calls for ownerr, manager or other agent of with any applicable federal, state,
insertion being on 12/08/2016. service to employ certain measures the owner of the transient accom- or local law,rule,regulation,or or-
that have been shown to be effec- modation property:or dinance.
tive in deterring crime. 2.Any incident observed by po- Section 23-2404. LICENSING
MORTGAGE FORECLOSURE NOTICES 1.04 To account for differences lice concerning a transient accom- PROCESS AND RENEWAL.
Pursuant to Minnesota Stat. §580.033 in the number of lodging units modation property and is respond- A.A new transient accommoda-
relatin to the publication of mortgage among the hotels and motels,and ed to by a police officer. tion shall obtain a transient accom-
relating pto avoid larger properties'being Only a call for service that is modation license prior to opening
foreclosure notices: The newspaper complies disproportionately represented, it verified by the responding police for business. A new transient ac-
with the conditions described in §580.033, is appropriate to consider the num- officer as being a valid call for ser- commodation that had not Previ-
subd. 1, clause (1) or(2). If the newspaper's ber of calls for service based on a vice regarding criminal activity shall ously operated within the City shall
known office of issue is located in a count per-lodging unit calculation for the be included in the annual calls for initially qualify for a Level I transient
Y purposes of determining the level service calculation for the purposes accommodation license. The City
adjoining the county where the mortgaged of license required. of these Sections 23-2400 through may charge a reduced license fee
premises or some part of the mortgaged 1.05 The City Council deter- 23-2414. for a new transient accommodation
premises described in the notice are located, mines it is in the best interests of C. "Level I transient accom- license based on the number of
a substantial portion of the newspaper's the City to take a proactive ap- modation"-Any transient accom- months remaining in the particular
pproach to deterring and minimizing modation whose annual calls for licensing period.
circulation is in the latter county. criminal activity at the City's hotels service are less than .20 calls per B.On or before February 1st of
and motels. lodging unit, each year the City will notify each
1.06 The City Council desires to D. "Level II transient accom- existing transient accommodation
By: auno a �y encourage and foster cooperation modation"-Anv transient accom- in writing of their annual calls for
ow� between hotel and motel operators modation whose annual calls for service for the previous year and
Designated Agent and the police department,so calls service are at least .20 calls per the level of transient accommoda-
for police service initiated by the lodging unit,but less than.40 calls tion license for which they must
hotel or motel operator should not per lodging unit. apply. Applications for a license re-
Subscribed and sworn to or affirmed before be included in the calls for service E. "Level III transient accom- newal shall be submitted to the City
me on 12/08/2016 by Charlene Vold. calculations for the purposes of modation"-Any transient accom- at least 30 days prior to the license
these regulations. modation whose annual calls for expiration date.
1 1.07 The license required by this service are at least .40 calls per C. The transient accommoda-
//I ordinance is a business license is- lodging unit or greater. tions must obtain the required
sued under the City's general po- F. "Lodging unit" - One self- level of transient accommodation
G lice powers and is not intended contained unit within a transient license from the City by no later
to regulate items addressed in a accommodation designated by than May 1st each year.All require-
o ry Public
Minnesota Department of Health li- number,letter,or some other meth- ments applicable to the particular
cense required of hotels and motels od of identification that is designed level of license and any additional
n 4F A �Af, r.ryn��nnnti, y ,� y�t t, under Minnesota law. or used for overnight accommoda- conditions placed on the license
.'' F .V� S�iY Iz�,� ,i 1f3�i r i i eil i r s Section 2. Brooklyn Center City tions. A lodging unit shall not in- must be completed and fully imple-
5 = •_ V # Code, Chapter 23 is amended to clude areas or rooms not utilized mented by the licensee by August
rj hJt�iBry PLll SIr,I UI rill-Sola add new Sections 23-2400 to 23- for overnight accommodations 1st. Failure to comply with the
f 1y�urnrnis Flo r G Aires Jan 3t.2018 i 2414 as follows: such as banquet rooms, meeting requirements applicable to the li-
l�1�S`wt-.v\'4'vv°v4\`tiVVlr�•Y�,.w1�.'�'�VF✓vb�tivvrsi TRANSIENT ACCOMMODATIONS rooms, business centers, pool ar- cense level.or any additional con-
Section 23-2400. PURPOSE. eas,and workout rooms. ditions issued by the City Council.
It is the purpose of these Sections G. "Police department" - The shall constitute sufficient grounds
23-2400 through 23-2414 to ensure City of Brooklyn Center Police De- for the revocation, suspension, or
that hotels and motels(referred to partment. nonrenewal of the transient accom-
in these Sections as"transient ac- H. 'Transient accommodation" modation license.
commodations'9 are taking steps -Any facility such as a hotel. mo- Section 23-2405.LICENSE FEE.
and implementing measures as tel, condominium, resort, or any The fee for a transient accommo-
Rate Information: may be needed to discourage the other facility or place offering six dations license shall be as set forth
use of their facilities for criminal ac- or more lodging units to guests for by City Council resolution.The City
(1)Lowest classified rate paid by commercial users tivities in order to protect the safety periods of less than thirty days,but Council may establish a separate
for comparable space: of their guests and the public. not including *ails, hospitalscare fee for each licensing level.
$46.90 per column inch Those owning and operating tran- facilities,senior living centers.resi- Section 23-2406. LICENSE PE-
sient accommodations in the City dential treatment facilities.orisons. RIOD. All transient accommoda-
Ad ID 628938 have a responsibility to assure their detention homes,and similar facili- tions licenses shall expire on April
guests and visitors have accom- ties. 30 each year.
Section 23-2407. TRANSFER personnel. A.The City Council may revoke, by the City Council will not be re-
OF LICENSES. A transient accom- E. Enforce the following quest suspend. or not renew a transient instated or issued until the owner
modation license may be trans- rules: accommodation license upon any has applied for and secured a new
ferred to a new owner of a transient 1.Lodging units cannot be rent- of the following grounds: transient accommodation license
accommodation continuing to op- ed for less than a six-hour period: 1.A false statement, misrepre- and complied with all conditions
erate on the same transient accom- 2. Prohibit guests from produc- sentation, or fraudulent statement imposed at the time of revocation
modation Property for which the ing loud noises that unreasonably on any application or other infor- or nonrenewal. The City Coun-
license was issued. Written notice disturb the tranquility of the other mation or report reguired by these cil may impose a period following
of the transfer shall be provided to quests or those adjacent to the Sections 23-2400 through 23-2414: the revocation or nonrenewal of
the City within ten (10) business transient accommodation property: 2.Failure to pay the application the owner's previous license dur-
days after the transfer. The notice and fee.fine.Penalty,reinstatement fee, ing which a new transient accom-
shall include the name and address 3. Alcohol may not be con- special assessment, real estate modation license may not be sub-
of the Person, firm,or corporation sumed in common areas except for taxes, or other financial claim due mitted. A decision not to renew a
taking ownership or control of the designated banquet or reception to the City under this Code: transient accommodation license
transient accommodation. A tran- rooms or areas. 3.Failure to comply with any of may take the form of a suspension
sient accommodation license shall F. Issue parking passes to all the special requirements imposed or revocation.
not be transferred or relocated to a vehicles allowed to Park on the in Sections 23-2400 through 23- C. An application for a new
transient accommodation located transient accommodation property. 2414 applicable to the particular transient accommodation license
on a different site. with each pass marked with an is- license level: following the revocation. suspen-
Section 23-2408. LEVEL I sue date and expiration date. 4. Failure to comply with any Sion.or nonrenewal of the license
TRANSIENT ACCOMMODATION. G.Remove all graffiti and repair of the conditions placed on the li- must be accompanied by a rein-
A Level I transient accommodation all vandalism within seven(7)days cense by the City Council: statement fee.as specified by City
is eligible for a transient accom- of occurrence. 5.Failure to implement the man- Council resolution,in addition to all
modation license without needing H.Install lighting in all common agement plan,if one is required,for other application and related fees.
to comply with any special require- areas with minimum maintained the transient accommodation: D. The conditions of approval
ments beyond complying with any lighting of 1.5 foot-candles at 6. Failure to continuously com- of any subsequent application for
conditions the City Council may ground level. ply with any zoning, health, build- a license to operate a transient ac-
impose on the license.The license I.Install and operate video moni- ing,nuisance,or other City Codes, commodation on the same Proper-
shall be issued upon application, toring equipment in all parking lots including failing to comply with any ty following a period of revocation
Payment of applicable fees, and on the transient accommodation corrective orders issued within the or denial of renewal of a transient
proper licensing with all applicable property that are monitored and re- time specified in the order: accommodation license shall be
government agencies,including the corded at the front desk at all times. 7. Failure to obtain or maintain based upon the transient accom-
Minnesota Department of Health. J. Have a licensed,armed,and any licenses required for the tran- modation property's history of an-
Section 23-2409. LEVEL 11 uniformed security guard on the sient accommodation:or nual calls for service prior to the
TRANSIENT ACCOMMODATION. premises every day from 6:00 P.m. 8. Failure to comply with any revocation or non-renewal.
A Level II transient accommodation until 6:00 a.m. other applicable federal, state, or E.No subsequent application for
is required to meet the following K. Submit to scheduled semi- local law, rule, regulation, or ordi- a transient accommodation license
special requirements. designed to annual audits by the City to verify nance. on the same property following a
deter crime, in order to be eligible compliance with the above-refer- B. A decision to revoke, sus- period of revocation or nonrenewal
for a transient accommodation lk enced requirements: pend." or not renew a transient shall be approved unless the ap-
cense, and shall comply with any Section 23-2411. BACK- accommodation license shall be plicant presents a corrective action
conditions the City Council may GROUND CHECKS, preceded by written notice to the plan that is approved by the City
impose on the license. A.To the extent a transient ac- applicant or licensee of the alleged to help ensure the conditions and
A.Obtain and maintain a record commodation is required by this grounds therefor and the applicant causes of the prior revocation or
of all guests renting the lodging Section to conduct background or licensee will be given an oppor- nonrenewal are appropriately ad-
unit. checks on its owners, managers, tunity to request a hearing before dressed. Implementation of, and
B. Submit a management plan and employees, such background the City Council before final action compliance with,the corrective ac-
to the City detailing steps the es- checks must comply with and in- is taken to revoke,suspend,or not tion plan shall be a condition of the
tablishment intends to take to re- clude the following: renew the license. An applicant license.
duce criminal activity, 1.A Minnesota statewide crimi- or licensee waives its right to a Section 23-2414. VIOLATIONS.
C. Consult with the Police de- nal history check covering at least hearing if it fails to submit a writ- A. Any person, firm, or corpo-
vartment to obtain such inspec- the last three years,which must be ten request for a hearing to the City ration who violates any provision
tion services and advice regarding conducted by a company Provid- within ten(10)days of the issuance of this Section is, upon convic-
crime prevention as may be needed ing criminal history check services of the written notice. If a timely re- tion,guilty of a misdemeanor.The
to address the types and calls for utilizing the most recent update of quest for a hearing is received,the penalty that may be imposed for a
service made to the transient ac- the Minnesota criminal history files: City Council shall conduct a hear- misdemeanor is a sentence of not
commodation property. 2. A statewide criminal history ing at the next regularly scheduled more than 90 days or a fine of not
D. Consult with the police de- check from the person's previous City Council meeting and Provide more than$1.000, or both. Each
oartment to keep apprised of police states of residence covering the the applicant or licensee an oppor- day upon which a violation of these
activity occurring on the transient last three years if the person has tunity to be heard. Sections 23-2400 through 23-2414
accommodation property. not resided in Minnesota for at least C. The written decision to re- occurs constitutes a separate of-
E. Install and operate a surveil- the three years preceding the his voke, suspend, or not renew a fense.
lance camera. with a recorderr, in tory check:and transient accommodation license B. Nothing in this Section shall
the lobby at all times. 3.A criminal history check con- shall identify the specific grounds be construed as a waiver of any at)
F. Undergo a police department ducted in all seven counties in the for the decision. Upon issuance of plicable state license requirements
crime Prevention assessment of the Twin Cities metropolitan area (the the written decision,no lodging unit or from compliance with any appli-
transient accommodation property, counties of Anoka. Carver. Da- within the transient accommoda- cable civil and criminal laws.
Section 23-2410. LEVEL III kota, Hennepin. Ramsey. Scott, tion may be offered or used for any Section 3. Initial Licenses.
TRANSIENT ACCOMMODATIONS. and Washington)covering at least period of time by guests until a new Persons, firms, and corporations
Level III transient accommodations the last three years, including all transient accommodation licenses currently operating a transient ac-
are required to meet the following misdemeanor,gross misdemeanorr, is issued. commodation within the City of
special requirements designed and felony convictions. Section 23-2413. REAPPLICA- Brooklyn Center shall obtain a tran-
to deter crime,to be eligible for a B. The transient accommoda- TION AFTER LICENSE ACTION. sient accommodation license from
transient accommodation license. tion shall retain the criminal history Reapplication for a transient ac- the City within 45 days from the ef-
and shall comply with any condi- check information for the duration commodations license after the fective date of this ordinance. The
tions the City Council may impose of the person's employment,but in City Council has revoked,suspend- level of transient accommodation
on the license. no case less than two years, and ed.or not renewed a license shall license will be calculated based on
A. Conform to the special re- shall make the information avail- be in accordance with this Section. the annual calls for service from the
quirements set forth in Sections able for inspection upon request by A. A transient accommodation previous year. Licenses for sub-
23-2409 for a Level 11 transient ac- the City Manager or the City Man- license may be suspended for up to sequent years must be obtained
commodation. ager's designee. ninety(90)days and may,after the in accordance with the timelines
B.Conduct background checks Section 23-2412. REVOCATION period of suspension,be reinstated established in this ordinance. The
on all owners,managers,and em- AND SUSPENSION OF LICENSE. subject to compliance with these City will charge a reduced license
ployees of the transient accommo- A transient accommodation license Sections 23-2400 through 23-2414 fee for the initial licenses based on
dations. may be revoked. suspended, or and any conditions imposed by the the number of months remaining in
C. Hold semi-annual employee not renewed by the City Council, City Council at the time of suspen- the licensing period.
training sessions assisted by the upon recommendation of the City Sion. Section 4. Effective Date. This
police department. Manager, in accordance with this B. A transient accommodation ordinance shall be effective after
D. Provide 24-hour front desk Section. license revoked or not renewed adoption and thirty days following
its legal publication.
Adopted this 28th day of No-
vember,2016.
Mayor Tim Willson
ATTEST: Sharon Knutson,
City Clerk
Published in the
Brooklyn Center Sun Post
December 8,2016
628938