[Ord. No. 15-069 §1, 7-27-2015]
The following definitions shall apply in the interpretation and the enforcement of this Chapter:
LODGING ESTABLISHMENT
Any building, group of buildings, structure, facility, place, or places of business where five or more guest rooms are provided, which is owned, maintained, or operated by any person and which is kept, used, maintained, advertised or held out to the public for hire which can be construed to be a hotel, motel, motor hotel, apartment hotel, tourist court, resort, cabins, tourist home, bunkhouse, dormitory, or other similar place by whatever name called, and includes all such accommodations operated for hire as lodging establishments for either transient guests, permanent guests, or for both transient and permanent guests. This definition shall not apply to dormitories and other living or sleeping facilities owned or maintained by public or private schools, colleges, universities, or churches unless made available to the general public and not used exclusively for students and faculty, school-sponsored events, baseball camps, conferences, dance camps, equitation camps, football camps, learned professional society meetings, music camps, retreats, seminars, soccer camps, swimming camps, track camps, youth leadership conferences, or church-sponsored events.
REGULATORY AUTHORITY
The Department of Community Health or its authorized representative.
[Ord. No. 15-069 §1, 7-27-2015[1]]
No person shall establish, maintain or operate a lodging establishment within St. Charles County without having first obtained a permit from the Regulatory Authority.
Exception: This Chapter shall not apply within municipalities exempt from the provisions of Sections 190.260 through 190.320, Revised Statutes of Missouri, as amended, pursuant to Section 190.310, Revised Statutes of Missouri, as amended.
[1]
Editor's Note: Section 3 of Ord. No. 15-069 provided an effective date of 1-1-2016 for this Section.
[Ord. No. 15-069 §1, 7-27-2015]
A. 
Any person who desires to establish, maintain or operate a lodging establishment shall file a written permit application with the Regulatory Authority. Said application must contain such information as the Regulatory Authority may prescribe. Such permits are for terms of two (2) calendar years. All existing lodging establishments holding such permits must complete renewal, including payment of the permit fee and any outstanding penalty fees for prior late payments of permit fees imposed pursuant to this provision, no later than the December 31st on which the lodging establishment's current permit expires. Fees for renewal request must be postmarked no later than December 31 or a penalty fee of fifty dollars ($50.00) per month will be assessed, in addition to the permit fee.
B. 
A valid permit shall be posted in the establishment so that it is conspicuous to consumers upon check-in.
C. 
A permit is valid for a two-year term beginning January 1 of an even calendar year and ending December 31 of the following calendar year unless suspended or revoked.
D. 
The permit fee shall be four hundred fifty dollars ($450.00) for a lodging establishment. Fees for permits issued after the beginning of the two-year term identified above shall be prorated as follows.
1. 
Initial fee for permits issued before the fifteenth (15th) of any month shall include that month and following months, pro rata.
2. 
Initial fee for permits issued on or after the fifteenth (15th) of any month shall include only the following months, pro rata.
E. 
The fee for reinspection to determine correction of a violation found in an inspection shall be fifty dollars ($50.00).
F. 
The Regulatory Authority may waive late fees required by Subsection (A) of this Section if an application for a permit is received no later than thirty (30) days after the date on which it was due, and the applicant had timely submitted its application and application fee for the preceding permit period.
[Ord. No. 15-069 §1, 7-27-2015]
All lodging establishments shall be constructed and operated in a safe and sanitary manner, and in accordance with the State of Missouri's laws and regulations for lodging establishments and, where applicable, the provisions of the Ordinances of St. Charles County, Missouri ("OSCCMo"). Where a conflict exists between the laws and regulations of the State of Missouri and the OSCCMo, the provisions of the OSCCMo shall prevail.
[Ord. No. 15-069 §1, 7-27-2015]
A. 
Prior to approval of an application for a permit, the Regulatory Authority shall have on file the latest inspection report showing that the facility has passed their inspection and are in good standing. The Regulatory Authority shall issue a permit to the applicant if his/her inspection reveals that the proposed lodging establishment complies with the requirements of this Chapter.
B. 
An inspection of a lodging establishment shall be performed at least once every other year. Additional inspections of a lodging establishment shall be performed as often as necessary for the enforcement of this Chapter:
C. 
Every facility shall be inspected according to state laws and regulations; however, no more than fifteen (15) guest rooms selected at random by the Regulatory Authority shall be inspected for any lodging establishment.
D. 
Representatives of the Regulatory Authority, after proper identification, shall be permitted to enter any lodging establishment at any reasonable time for the purpose of making inspections to determine compliance with this Chapter.
[Ord. No. 15-069 §1, 7-27-2015]
A. 
The Regulatory Authority may, without warning, notice, or hearing, suspend any permit to operate a lodging establishment if the holder of the permit does not comply with the requirements of this Chapter, or if the operation of the lodging establishment does not comply with the requirements of this Chapter, or if the operation of the lodging establishment otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of the notice required by Subsection (E) of this Section. When a permit is suspended, lodging establishment operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for hearing within ten (10) days of receipt of a written request for hearing.
B. 
Whenever a permit is suspended, the holder of the permit shall be notified, in writing, that the permit is, upon service of the notice, immediately suspended and that an opportunity for hearing will be provided if a written request for hearing is filed with the Regulatory Authority by the holder of the permit within ten (10) days. If no written request for hearing is filed within ten (10) days, the suspension is sustained. The Regulatory Authority may end the suspension at any time if reasons for suspension no longer exist.
C. 
The Regulatory Authority may, after providing opportunity for hearing, revoke a permit for serious or repeated violations of any of the requirements of this Chapter or for interference with the Regulatory Authority in the performance of duty.
D. 
Prior to revocation, the Regulatory Authority shall notify, in writing, the holder of the permit of the specific reason(s) for which the permit is to be revoked and that the permit shall be revoked at the end of the ten (10) days following service of such notice unless a written request for hearing is filed with the Regulatory Authority by the holder of the permit within such ten-day period. If no request for hearing is filed within the ten-day period, the revocation of the permit becomes final.
E. 
A notice provided for in this Chapter is properly served when it is delivered to the holder of the permit or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. A copy of the notice shall be filed in the records of the Regulatory Authority.
F. 
The hearings provided for in this Chapter shall be conducted by the Regulatory Authority at a time and place designated by him/her. The Regulatory Authority shall make a final finding based upon the complete hearing and shall sustain, modify or rescind any notice or order considered in the hearing.
G. 
Any party aggrieved by such final finding of the Regulatory Authority may appeal from that final finding to the Director of Administration. Such appeal shall be (1) in writing, (2) signed by or for the aggrieved party, (3) accompanied by a copy of the final finding of the Regulatory Authority, and (4) received by the office of the Director of Administration on or by the tenth (10th) working day following the date of the final finding. A copy of that appeal shall also be delivered to the Regulatory Authority. Upon receiving the appeal, the Director of Administration shall review the final finding and the record of the hearing and evidence received at the hearing conducted by the Regulatory Authority, and shall sustain, modify or rescind any notice or order issued by the Regulatory Authority appealed from. Such decision shall be in writing and delivered to the aggrieved party.
H. 
Whenever a revocation of a permit has become final by decision of the Regulatory Authority or the Director of Administration as the case may be, the holder of the revoked permit may make written application for a new permit.
[Ord. No. 15-069 §1, 7-27-2015]
Any person convicted of violating any of the provisions of this Chapter shall be subject to a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days, or both such fine and imprisonment. Each and every day any such violation continues shall constitute a separate offense.