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HomeMy WebLinkAbout2016-12 11-28 CCOCITY OF BROOKLYN CENTER 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 accommodations. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. 2016-12 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 motels in the City of Brooklyn Center ("City") is a real and compelling concern to the City Council, residents, 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 require those 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. 1.04 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-lodging unit calculation for the purposes of determining the level of license required. 1.05 The City Council determines it is in the best interests of the City to take a proactive approach to deterring and minimizing criminal activity at the City's hotels and motels. 1.06 The City Council desires to encourage and foster cooperation between hotel and motel operators and the police department, so calls for police service initiated by the hotel or motel operator should not be included in the calls for service calculations for the purposes of these regulations. ORDINANCE NO. 2016-12 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 license 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 accommodations") are taking steps and implementing measures as may be needed to discourage the use of their facilities for criminal activities in order to protect the safety of their guests and the public. Those owning and operating transient accommodations in the City have a responsibility to assure their auests and visitors have accommodations that are safe, secure. free from unreasonable noise, nuisances and threats to their safety and security. Section 23-2401. LICENSE REQUIRED. It is unlawful for any person, firm, or corporation to operate a transient accommodation in the City without a transient accommodation license issued pursuant to Sections 23-2400 through 23-2414. A separate license is required for each transient accommodation property. Section 23-2402. DEFINITIONS A."Annual calls for service" - The aaaregate total of all calls for service to a transient accommodation property in a calendar year multiplied by the total number of lodging units in the transient accommodation as determined by the City. B."Call for service" - Includes any of the followinai 1.Any renort of criminal activity made to the police department from or concerning a transient accommodation in connection with an incident occurring at that transient accommodation property, except calls originating from the owner, manager or other agent of the owner of the transient accommodation property 2.Any incident observed by police concerning a transient accommodation property and is responded to by a police officer. Only a call for service that is verified by the responding police officer as being a valid call for service regarding criminal activity shall be included in the annual calls for service calculation for the purposes of these Sections 23-2400 through 23-2414. ORDINANCE NO. 2016-12 B."Level I transient accommodation" - Any transient accommodation whose annual calls for service are less than .20 calls per lod g ing unit. C."Level II transient accommodation" - Any transient accommodation who se annual calls for service are at least .20 calls per lodging unit, but less than ,4 calls per lodging unit. D."Level III transient accommodation" - Any transient accommodation whose annual calls for service are at least .40 calls per lod g ing unit or greater. E."Lodging unit" - One self-contained unit within a transient accommodation designated by number, letter, or some other method of identification that is designed or used for overnight . accommodations. A lodging unit shall not include areas or rooms not utilized for overni g ht accommodations such as banquet rooms, meeting rooms, business centers, pool areas, and workout rooms. F."Police department" - The City of Brooklyn Center Police Department. G."Transient accommodation" - Any facility such as a hotel motel, condominium, resort, or any other facility or place offering six or more lod g ing units to guests for periods of less than thirty days, but not including jails, hospitals, care facilities, senior living centers, residential treatment facilities, prisons, detention homes, and similar facilities. H. "Transient accommodation property" - Any land containing a facility for transient accommodation including any associated parking areas, recreation areas, loadinE areas, or other amenities, located on the same parcel of propy . Section 23-2403. RESTRICTIONS 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 application ie B.The applicant was not truthful in any of the information provided to the City part of its request for a licen se; C. The transient accommodation is not in compliance with the requirements of Sections 23-2400 through 23-2414, with any condition placed on its current transient accommodation license, or with any applicable federal, state, or l ocal l aw, rule, re g ulation, or ordinance; Ii The transient accommodation property is not in compliance with any applicable federal, state, or local law, rule, regulation, or ordinance. ORDINANCE NO. 2016-12 Section 23-2404. LICENSING PROCESS AND RENEWAL. A.A new transient accommodation shall obtain a transient accommodation license prior to opening for business. A new transient accommodation that had not previously operated within the City shall initially qualify for a Level I transient accommodation license. The City may charge 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 accommodation license for which they must appjy , Applications for a license renewal shall be submitted to the City at least 30 days prior to the license expiration date. C. The transient accommodations must obtain the required level of transient accommodation license from the City by no later than May 1st each year. All requirements applicable to the particular level of license and any additional conditions placed on the license must be completed and fully implemented by the licensee by August 1st Failure to comply with the requirements applicable to the license level, or any additional conditions issued by the City Council. shall constitute sufficient grounds for the revocation, suspension, or nonrenewal of the transient accommodation license. Section 23-2405. LICENSE FEE. The fee for a transient accommodations license shall be as set forth by City Council resolution. The City Council may establish a separate fee for each licensing level. Section 23-2406. LICENSE PERIOD. All transient accommodations licenses shall expire on April 30 each year. Section 23-2407. TRANSFER OF LICENSES. A transient accommodation license m ay be transferred to a new owner of a transient accommodation continuing to operate on the same transient accommodation 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 transient 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 accommodation license without needing to comply with any special requirements beyond complyina 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 government agencies, including the Minnesota Department of Health. ORDINANCE NO. 2016-12 Section 23-2409. LEVEL II TRANSIENT ACCOMMODATION. A Level II transient accommodation is required to meet the following special requirements. designed to deter crime, in order to be eligible for a transient accommodation license, and shall comply with any conditions the City Council may impose on the license. A.Obtain and maintain a record of all guests renting the lodging unit. B.Submit a management plan to the City detailing steps the establishment intends to take to reduce criminal activity. C.Consult with the police department 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 transient accommodation property . D.Consult with the police department to keep apprised of police activity occurring on the transient accommodation proerty . E.Install and operate a surveillance camera, with a recorder, in the lobby at all times. F.Undergo a police department crime prevention assessment of the transient accommodation propeiy . Section 23-2410. LEVEL III TRANSIENT ACCOMMODATIONS. Level III transient accommodations are required to meet the following special requirements, designed to deter crime, to be eligible for a transient accommodation license, and shall comply with any conditions the City Council may impose on the license. A.Conform to theslecial reciuirements set forth in Sections 23-2409 for a Level II transient accommodation. B.Conduct background checks on all owners, managers, and employees of the transient accommodations. 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 rented for less than a six-hour period; 2.Prohibit guests from producing loud noises that unreasonably disturb the tranquility of the other guests or those adjacent to the transient accommodation property; and ORDINANCE NO. 2016-12 3. Alcohol may not be consumed 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 issue 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 lihting of 1.5 foot-candles at ground level. I.Install and operate video monitoring equipment in all parking lots on the transient accommodation :property that are monitored and recorded 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 a.m. K.Submit to scheduled semi-annual audits by the City to verify compliance with the above-referenced requirements. Section 23-2411. BACKGROUND CHECKS. A. To the extent a transient 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 followina 1.A Minnesota statewide criminal history check coverina at least the last three years, which must be conducted by a company providing 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 history check: and 3. A criminal history check conducted in all seven counties in the Twin Cities metropolitan area (the 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. B. The transient accommodation shall retain the criminal history check information for the duration of the person's employment, but in no case less than two years ORDINANCE NO. 2016-12 and shall make the information available for inspection upon request by the City Manager or the City Manager'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 Manaaer in accordance with this Section. A. The City Council may revoke, suspend, or not renew a transient accommodation license upon any of the following rounds: 1.A false statement, misrepresentation. or fraudulent statement on an application or other information or report required by these Sections 23- 2400 through 23-2414i 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 le 4.Failure to comply with any of the conditions placed on the license by the City Council: 5.Failure to implement the management plan, if one is required. for the transient accommodation: 6.Failure to continuously comply with any zoning, health, building, 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 transient accommodation; or 8.Failure to comply with any other applicable federal, state, or local law , rule, regulation, or ordinance. B. A decision to revoke, suspend, 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 opportunity 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 written request for a hearing to the City within ten (10) days of the issuance of the written notice. If a timely request for a hearing I received, the City Council shall conduct a hearing at the next regularly scheduled ORDINANCE NO. 2016-12 City Council meeting and provide the applicant or licensee an opportunity to be heard. C. The written decision to revoke, suspend, or not renew a transient accommodation license shall identify the specific grounds for the decision. Upon issuance of the written decision, no lod g ing unit within the transient accommodation -may-be offered or used for any period of time by guests until a new transient accommodation licenses is issued. Section 23-2413. REAPPLICATION AFTER LICENSE ACTION. Reapplication for a transient accommodations license after the City Council has revoked, suspended, or not renewed a license shall be in accordance with this Section. A.A transient accommodation license 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 suspension. B.A transient accommodation license revoked or not renewed by the City Council will not be reinstated 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 Council may impose a period following the revocation or nonrenewal of the owner's previous license during which a new transient accommodation license may not be submitted. A decision not to renew a transient accommodation license may take the form of a suspension or revocation. C.An application for a new transient accommodation license following the revocation, suspension, or nonrenewal of the license must be accompanied byg reinstatement fee, as specified by City Council resolution, in addition to all other application and related fees. D.The conditions of approval of any subsequent application for a license to operate a transient accommodation on the same property following a period of revocation or denial of renewal of a transient accommodation license shall be based upon the transient accommodation property's history of annual calls for service prior to the revocation or non-renewal. E. No subsequent application for a transient accommodation license on the same property following a period of revocation or nonrenewal shall be approved unl e s s 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 nonrenewal are appropriately addressed. Implementation of, and compliance with, the corrective action plan shall be a condition of the license. Section 23-2414. VIOLATIONS. ORDINANCE NO. 2016-12 A.Any 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 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 offense. B.Nothing in this Section shall be construed as a waiver of any applicable state license requirements or from compliance with any applicable civil and criminal laws. Section 3. Initial Licenses. Persons, firms, and corporations currently operating a transient accommodation within the City of Brooklyn Center shall obtain a transient accommodation license from the City within 45 days from the effective 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 subsequent 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 28th day of November 2016. Mayor ATTEST: 14—MA________________ City Clerk Date of Publication: December 8 1 2016 Effective Date: January 7, 2016 (Strikeout indicates matter to be deleted, double underline indicates new matter.)