[Ord. No. 3529-04 §§1
— 5, 5-5-2004; Ord.
No. 3765-06 §§1 — 5, 6-21-2006; Ord. No. 4342-14 §§1
— 4, 5-21-2014]
A.
Beginning
on July 1, 2014, and continuing until further action by the City Council
as it may determine from time to time in its sole and unlimited legislative
discretion, the actual and effective rate of the tax imposed shall
be five percent (5%) per occupied room per night on the charges for
all sleeping rooms paid by the transient guests of hotels or motels
situated in the City of Hazelwood. The tax hereby imposed shall be
in addition to the charge for the sleeping room and shall be in addition
to any and all taxes imposed by law and shall be stated separately
from all other charges and taxes. As used in this Chapter, "transient
guests" means a person or persons who occupy a room or rooms in a
hotel or motel for thirty-one (31) days or less during any calendar
quarter.
B.
The
proceeds from the tax imposed by this Chapter shall be used for the
sole purpose of promoting tourism.
C.
The
tax authorized under the provisions of this Chapter shall be collected
and reported upon such forms and under such administrative rules and
regulations as may be prescribed by the Director of Finance.
D.
There
is hereby imposed on those responsible for collection and remittance
of the tax imposed by this Chapter a penalty of one percent (1%) and
interest not to exceed two percent (2%) per month on unpaid delinquent
taxes. Taxes shall become delinquent thirty (30) days after the last
day of each month.
[Ord. No. 4548-17 §1, 5-17-2017]
A.
As
used in this Section "short-term rental" means the letting or offering
for let of a dwelling unit, or a portion thereof, to one (1) or more
guests for a period of thirty (30) consecutive calendar days or less.
Examples include bed-and-breakfast facilities and rentals arranged
through Internet marketing or facilitation services.
B.
Short-term
rental of residential dwelling units located in the City of Hazelwood
is prohibited.
[Ord. No. 4786-20, 11-4-2020[1]]
As used in Sections 607.030 through 607.080 of this Chapter, unless the context clearly indicates otherwise, the following terms mean:
Any card, guest card, booklet, electronic record or other
paper work wherein transient guests supply information such as names,
addresses and vehicle registration information.
Any person who rents and occupies a guest room in a lodging
establishment for a period of thirty-one (31) days or less.
[1]
Editor's Note: Ord. No. 4786-20 also changed the title of
this Chapter from "Hotel And Motel Tax" to "Hotels, Motels And Lodging
Places."
[Ord. No. 4786-20]
A.
Each individual renting or leasing a room, accommodations or facilities
of the hotel shall register and provide proof of identity as required
by this Chapter.
B.
The guest registry shall be kept and maintained by recording, copying
or reproducing the registry by a readily accessible means and which
accurately reproduces or forms a durable medium for accurately and
legibly reproducing an unaltered image or reproduction of the original.
The registry shall, at minimum, contain the following information:
(1) name and address of person responsible for renting of room; (2)
names of all persons staying in such room; (3) number of assigned
room number; (4) date that the room was first rented; (4) length of
stay; (5) vehicle information for all vehicles associated with guests;
and (6) all other information required by this Chapter to be kept.
C.
Owner shall provide a copy of the guest registry in electronic form
to the Hazelwood Police Department and Hazelwood Code Enforcement
Division for their review at least once per month. The previous month's
guest registry shall be submitted to the City by the fifth day of
the following month. In addition to the monthly submittal of the guest
registry, the owner or manager shall provide the guest registry to
any representative of the City immediately upon request.
[Ord. No. 4786-20]
A.
Each hotel, motel or lodging place shall only rent to and allow occupancy
by transient guests, unless an existing hotel, motel or lodging place
has a current special land use permit which expressly allows for stays
longer than 31 days. No person may be an occupant or tenant in the
facility for more than 60 days in any six-month period. The owner
shall develop and implement procedures to prevent stays for a longer
period of time which shall be subject to review by the City.
1.
Exception: Extended stays by guests may be allowed in certain
facilities which have the following physical design features and amenities:
a.
Building. Each facility shall provide a main entrance to a lobby.
Entry into any guest suite shall be from an interior hallway. All
hallways to guest suites shall be within the interior of the building
and shall be climate-controlled. All entrances into the building shall
require a valid suite key card to open and shall be equipped with
self-closing doors.
b.
Oversized and Suite-Style Accommodations. All guest suites on
the property must be set up in a suite configuration with a separate
area for food preparation, dining, and other living activities. All
suites must be fully furnished with bedding, table and chairs, with
all linens provided.
c.
Kitchenette. All guest suites must be adequately equipped for
in-suite storage of food and safe preparation of meals and include:
(1)
Separate Sink. Must be located outside of the bathroom
and integrated within a countertop having at least 12 square feet
of flat surface area;
(2)
Appliances. A separate area within each suite must
contain a two-burner cooktop, microwave, and efficiency-sized refrigerator/freezer
at least 8 cubic feet in capacity;
(3)
Vent Hood. Must be positioned immediately above
the cooktop to vent steam and aromas; and
(4)
Dry Storage. Cabinets must be placed above and
below the countertop to provide for at least 25 cubic feet of storage
of non-perishable items, separate and apart from the closet.
d.
On-Site Laundry. Washer and dryer pairs shall be provided at the
ratio of guest suites to washer/dryer pairs at 25:1. The laundry shall
be accessible to hotel guests and secured against entry by unauthorized
persons.
e.
Staff Presence and Availability. At least one staff member shall
be on-site and on-duty at all times, around the clock and throughout
the year; such staff member must be immediately available to respond
to guests and first responders and to address incidents or emergencies.
Emergency contact information for appropriate staff members shall
be provided to the City.
2.
No facility, including those meeting the above requirements,
may provide for extended stays until express authorization is noted
on the facility's annual business license. Further, no such facility
shall be used for long stays as a replacement for permanent housing.
B.
Occupancy Standards. Owner shall develop and implement procedures
to prevent stays for a longer period of time. The following items
shall be included as part of the procedure.
1.
Mandatory Photo Identification. Every registered occupant of
every room must provide photo identification to be examined, electronically
scanned, and retained by trained staff at the time of registration.
In addition, as permitted by Section 315.079, RSMo., 2016, if a registered
occupant is under the age of eighteen (18), the person in charge of
the facility shall require a parent or guardian of said person to
register.
2.
Mandatory License Registration. Every registered occupant's
license plate shall be recorded upon registration.
3.
. Payment upon Registration. Unless payment in full is made
at the time of registration, a valid credit card shall be required
and verified upon registration. Except in facilities allowing stays
longer than thirty-one (31) days, full payment shall be required upon
registration.
[Ord. No. 4875-22, 1-19-2022]
4.
Mandatory Re-Check-In. Registered occupants desiring to stay
at the facility for more than seven (7) days will be required to reregister
weekly and be issued new keys. For those hotels expressly allowed
to register guests to stay longer than thirty-one (31) days, the registered
occupants may not remain in the same room for more than eight (8)
weeks consecutively and shall be required to change rooms for stays
of a longer duration.
[Ord. No. 4875-22, 1-19-2022]
a.
Exception: For those hotels expressly allowed to register guests
to stay longer than 31 days, the seven-day mandatory re-check-in and
the mandatory room change every eight weeks shall not apply if the
hotel is compliant with the following procedures:
(1)
The hotel shall conduct housekeeping in each room
at least once per week (which cannot be declined by the guest). In
addition to any normal cleaning which may be required, housekeeping
shall conduct an inspection of the room in accordance with a checklist
developed and approved by the City. The staff's weekly inspection
is intended to observe illegal or inappropriate behavior and safety
issues. Staff shall complete the checklist and provide to hotel management.
The hotel shall keep the completed checklists and a log showing the
cleaning dates of each room; such records shall be kept for a minimum
of two years and shall be made available to the City upon request.
(2)
All hotel staff shall undergo training from the
City regarding the basics of life safety codes so that staff can observe
issues affecting the safety of guests and property. Such training
shall be completed at least once per year and within 60 days of the
hiring date for new employees.
(3)
The hotel shall provide registration records to
the City upon request and shall provide access so that the City may
conduct periodic inspections of rooms which shall be done at least
quarterly. Such periodic inspections shall be conducted at the cost
of the hotel.
(4)
Registered occupants shall be required to re-check-in
every calendar month during a stay of longer duration than 31 days.
The registered occupant shall not be required to change rooms but
shall be required to interact with hotel staff in the same manner
as new guests checking in. The hotel shall ensure that occupancy of
the room is consistent with hotel records and in compliance with the
occupancy standards set forth in the Municipal Code.
5.
Occupancy Limits. Occupancy limits for each room shall be determined
by the Fire Marshal and shall be displayed in each room. No person
may occupy a room without being registered with hotel management as
an occupant. Occupancy of any room shall not exceed that fixed by
the Fire Marshal at any time.
6.
Refusal To Register. As permitted by the provisions of Section
315.067, RSMo., 2016, any person in charge of the facility shall refuse
or deny the use of a room, accommodations, facilities or other privileges
of the hotel to any person or persons exhibiting any of the following:
a.
An individual who is unwilling or unable to pay for the room,
accommodations, facilities, or other privileges of the hotel;
b.
An individual who reasonably appears to be visibly intoxicated,
under the influence of alcohol or other drug, or acts in a disorderly
manner so as to be reasonably likely to create a public nuisance;
c.
An individual the person in charge of the facility has reason
to believe or reasonably believes to be seeking to use a room, accommodations,
facilities or other privileges of the hotel for an unlawful purpose;
d.
An individual the person in charge of the facility has reason
to believe or reasonably believes to be bringing in anything which
may create an unreasonable danger or risk to other persons, including
but not limited to explosives or the unlawful use of firearms;
e.
An individual whose use of the room, accommodations, facilities
or other privileges of the hotel would result in a violation of the
maximum capacity of such room, accommodation, facility or hotel.
7.
Ejection From Facility. As permitted by the provisions of Section
315.075, RSMo., 2016, the person in charge of the facility shall eject
a person from the hotel and notify the appropriate local law enforcement
authorities for any of the following reasons:
a.
Non-payment of charges incurred by the individual renting a
room, accommodations or facilities of the hotel when the charges are
due and owing;
b.
Any individual renting a room, accommodations or facilities
of the hotel who is visibly intoxicated, under the influence of alcohol
or other drug or acting in a disorderly manner;
c.
Any individual the person in charge of the facility has reason
to believe or reasonably believes is using the premises for an unlawful
purpose;
d.
An individual the person in charge of the facility has reason
to believe or reasonably believes to have brought something into the
hotel which may create an unreasonable danger or risk to other persons,
including but not limited to unlawful use of firearms or explosives;
and
e.
Any individual the person in charge of the facility has reason
to believe or reasonably believes to be in violation of any Federal,
State or local laws or regulations relating to the hotel.
8.
Certain Registration Requirements. As permitted by the provisions
of Section 315.069, RSMo., 2016, the person in charge of the facility
shall require a person seeking the use of a room, accommodations,
facilities or other privileges of the hotel to demonstrate his or
her ability to pay for such use by cash, credit card or approved check.
In addition, the person in charge of the facility shall require the
parent or guardian of a person under the age of eighteen (18) to:
a.
Accept, in writing, the liability for the cost of the room,
accommodations, facilities or other privileges of the hotel used by
the person, and the cost of any damages to the room, furnishings in
the room or other facilities of the hotel caused by the person while
using the room, accommodations, facilities or other privileges of
the hotel;
b.
Provide the hotel operator with one (1) of the following:
(1)
The authority to charge the amount due for the
cost of the room, accommodations, facilities or other privileges of
the hotel used by the person, and the cost of any damages to the room,
furnishings in the room or other facilities of the hotel caused by
the person while using the room, accommodations, facilities or other
privileges of the hotel to a credit card used by a person under the
age of eighteen (18). The granting of such authority shall be deemed
a waiver of any defense based upon the age of such person which may
be raised by the minor or the person authorizing the use of the credit
card; or
(2)
An advance cash payment sufficient to cover the
cost of the room, accommodations, facilities or other privileges of
the hotel used by the person, and a reasonable amount as a deposit
toward the cost of any damages to the room, furnishings in the room
or other facilities of the hotel caused by the person while using
the room, accommodations, facilities or other privileges of the hotel.
A cash deposit for any damages required by the hotel operator shall
be promptly refunded to the extent not used to cover the cost of any
such damages as determined by the hotel operator following an inspection
of the room, accommodations or facilities of the hotel used by the
person at the end of his or her stay.
[Ord. No. 4786-20]
A.
Authorized Vehicles. Owner shall monitor vehicle traffic and parking
in owner's parking lots.
B.
Owner shall provide all guests and authorized visitors with a card
or placard and shall instruct all guests and authorized visitors to
display such card or placard in the front window of the vehicle. Such
card should have distinguishing markings to prevent easy forgeries.
Owner shall track the name of the guest or authorized visitor along
with the number of cards or placards provided to such guest or authorized
visitor and the make and model of the authorized vehicle. Owner shall
provide a log showing such information to the City at least once a
month and upon request.
C.
The following signage shall be installed:
1.
A large sign indicating "Guest Parking Only/All Unauthorized
Vehicles will be Towed" on each corner of each building that would
be visible to guests in all directions; and
2.
Two (2) signs indicating "Guest Parking Only/All Unauthorized
Vehicles will be Towed" located at the entrance/exit.
|
Owner shall install such additional signage as appropriate to
allow the towing of unauthorized vehicles.
|
[Ord. No. 4786-20]
A.
Owner shall periodically, not less than one (1) time per day, inspect
and clean any litter or trash from the parking lot, swimming pool
area, courtyard, walkways and other common areas used by guests of
the hotel.
B.
All rooms shall be thoroughly cleaned by hotel staff at least once
per week; and a record of cleanings shall be maintained for at least
one (1) year.
[Ord. No. 4786-20]
A.
Fire Safety.
1.
Smoke Detectors. Owner shall test all detectors at least one
(1) time per month and note each inspection on a log. Such log shall
be made available to the City upon request. Owner shall change the
batteries in each smoke detector at least once every six (6) months;
each change shall be logged in writing and submitted to the City twice
per year or more frequently as requested by the City. All smoke detectors
shall be replaced after ten (10) years.
2.
Fire Alarms. Owner shall conduct a fire alarm test at least
once a calendar quarter. Audible and visual alarms must be seen and
heard at each end of the buildings. Each fire alarm test shall be
documented on a log which shall be submitted to the City following
each test. Owner shall notify the Fire Marshal of such fire alarm
tests so that the Fire Marshal may observe such test.
3.
Fire Extinguishers. Fire extinguishers shall be installed within
seventy-five (75) feet from each unit. Fire extinguishers shall be
periodically inspected to ensure that such extinguishers are functional
and such inspections shall be noted on a log which shall be submitted
to the City at least twice per year or more frequently as requested
by the City.
B.
Security And Crime Prevention.
1.
Restricted Access Technology. Electronic locking systems and
secured access, via keycards, access codes, or similar secure methods
(hereinafter referred to as "keys"), to all buildings and rooms shall
be required so as to ensure that only authorized persons are permitted
in the common areas of the building. Keys shall expire no later than
seven (7) days after issuance.
2.
Owner shall prevent the growth of trees, bushes and overgrown
vegetation which adversely affects visibility for crime prevention
purposes or which blocks exterior lighting or surveillance cameras.
3.
Exterior Lighting. Owner shall install and maintain exterior
lighting that is sufficient to ensure the safety of the premises and
to prevent crime. All entrances are to be well lit. Owner shall maintain
all exterior light fixtures so that such are functional and illuminate
the area as designed. All light fixtures shall have working bulbs
and clear and debris-free covers or globes.
4.
Surveillance. Owner shall use surveillance cameras to monitor
parking lots and common areas to ensure the safety of guests and to
prevent crime. Surveillance cameras shall be monitored and recorded;
recordings shall be maintained in a format reasonably accessible to
law enforcement agencies for at least thirty (30) days. All cameras
shall be maintained in good working order. Video from surveillance
cameras shall be viewed by owner at least once per week to ensure
the functionality of the system and observe any anomalies. Any necessary
repairs or adjustments shall be made by owner immediately.
5.
Owner shall cooperate with the City of Hazelwood or other agencies
having jurisdiction in the prosecution of crimes, offenses and ordinance
violations occurring on the property.
6.
Staff Training Requirements. All staff members shall be specially
trained to recognize potential dangers to public health and safety
and circumstances which could disrupt the peace of guests and the
public. All staff will take any and all steps reasonably necessary
or appropriate to ensure the peace and safety of guests and the public.
Registered occupants will be informed how to contact staff and urged
to report any actual or potential peace and safety risks to attendants.
A management representative with access to and authority over all
portions of the premises and activities on site shall be on premises
at all times.
[Ord. No. 4875-22, 1-19-2022]
A.
All
hotels, motels and lodging places within the City of Hazelwood shall
be subject to an annual inspection conducted by the City prior to
renewal of any business license. The fee related to such annual inspection
and any necessary reinspection shall be paid by the licensee prior
to renewal of the business license. Inspection fees shall be one hundred
dollars ($100.00) for the first inspection. There shall be no charge
for the second inspection. All inspections after the second inspection
shall be one hundred dollars ($100.00) for each inspection.
B.
For
those hotels expressly allowed to register guests to stay longer than
thirty-one (31) days and do not require guests to re-check-in every
week or change rooms during the stay, quarterly inspections by the
City are required. Such quarterly inspections shall include guest
rooms as selected by the City. The hotel shall pay one hundred dollars
($100.00) to the City for the quarterly inspection when the inspection
is scheduled. In the event that violations are found and one or more
reinspections are necessary, the hotel shall pay necessary inspection
fees to the City within ten (10) days of the subsequent inspection.
[Ord. No. 4875-22, 1-19-2022]
Those hotels expressly allowed to register guests to stay longer
than thirty-one (31) days shall make available to guests informational
brochures, pamphlets or similar material about social services that
are available for persons in crisis or having urgent needs. Such informational
brochures, pamphlets and other material shall be provided by the City
to the hotel. Such material shall be displayed and available to guests
at the front counter of the hotel.
