As used in this chapter, the following terms shall have the
following meanings, unless the context clearly indicates that a difference
meaning is intended:
ACCOMMODATION
The room, unit, or space provided to transient guests for
lodging or sleeping, including furnishings and other accessories therein.
APPLICANT
An owner, operator, manager, proprietor, innkeeper, resident
agent, whether individual, firm, partnership, association, corporation
or other entity.
BUILDING CODE
The Pennsylvania Uniform Construction Code (Pa-UCC), the
International Building Code and the International Existing Building
Code as adopted and amended by the Commonwealth of Pennsylvania and
the Township of Tinicum.
CALLS-FOR-SERVICE
A.
The total number of calls to the Delaware County 911 Center,
law enforcement, emergency medical services and/or the fire department
resulting in a request for a police and/or fire department representative
to be dispatched or directed to the property when those responses:
(1)
Result in a representative being dispatched or directed to the
property.
(2)
Allege evidence of criminal activity;
(3)
Result in an arrest, charge or citation; or
(4)
Find an imminent threat to safety of persons or property.
B.
Calls-for-service shall not include calls to law enforcement
made by employees or agents of the hotel property itself, nor for
traffic citations in which the hotel, motel, or inn is used as the
address for the citation. It shall include calls for service to law
enforcement specific to domestic violence.
FIRE CODE
International Fire Code as adopted and amended by the Commonwealth
of Pennsylvania and the Township of Tinicum.
HOTELS, MOTELS or INNS
A building or group of buildings containing five or more
guest rooms, or a group of such buildings especially designed for
the temporary lodging of transient guests, provided that no room shall
have cooking facilities of any kind. Such establishment shall furnish
to the occupants customary services, such as hospitality services
and the furnishing and laundering of linen. Eating and drinking facilities
may be accessory to the hotel, motel or inn.
NUISANCE
Includes, but is not limited to, the following:
A.
Existing violations of building, electrical, mechanical, plumbing,
zoning, health, fire or other applicable regulatory codes as may be
amended from time to time;
B.
Existing factors such as excess noise, assaults, loitering,
illegal drug activity or criminal behavior shall constitute unacceptable
conduct or behavior;
C.
A pattern or practice of guest conduct which is in violation
of the law or interferes with the health, safety and welfare of the
guests and/or persons on or near the premises; or
D.
Failure to maintain the grounds and exterior of the premises,
including allowing litter, debris, or refuse to exist on the premises
outside of proper repositories or to blow onto or be deposited upon
adjoining properties.
TOWNSHIP
The Township of Tinicum, Delaware County, Commonwealth of
Pennsylvania.
No person shall operate a hotel, motel or inn within the Township
without first obtaining an annual license.
A. Applications for licenses and/or renewals thereof shall be made to
the Township Manager or his designee on forms provided by Tinicum
Township. The annual license fee shall be a base fee of $100 plus
$25 per room or unit. All inspections and re-inspections in excess
of one hour to complete shall incur additional fees at the rate of
$100 per hour per inspector. Completed license renewal application
forms, along with payment of required fees, must be filed by the licensee
with the Township Manager or his designee no less than 60 days before
the expiration of the current license to obtain a decision on the
license renewal application prior to the expiration of the current
license and to avoid license renewal late fees.
B. All licenses and renewals shall expire on the one-year anniversary
of the date of issuance.
C. The annual license fee may be amended from time to time by the Tinicum
Township Board of Commissioners. The Township may enforce payment
by any lawful means including, but not limited to, a civil suit, an
order to show cause, a lien assessed against the dwelling structure
or real estate to which the fee pertains, and by denying or suspending
a license as provided in this chapter.
D. The Township may impose reasonable conditions upon the issuance of
any license or renewal thereof.
In addition to all other remedies provided for in this chapter
or by any other local ordinance, state statute, or federal law, the
following shall apply when there is no license as required:
A. Order to vacate. Failure to have a current, valid, license subjects the hotel, motel or inn to be ordered vacated as provided in §
181-11 until a valid license or renewal is issued.
B. Failure to vacate. In addition to any other remedy available to the Township under law, including Township ordinances, a licensee, owner or lessor of the hotel, motel or inn who fails to comply with an order to vacate after having been given notice of an order to vacate under this chapter is subject to the penalties set forth at §
181-13. Further, each day that the licensee, owner or lessor fails to comply with the order to vacate after the date indicated on the notice constitutes a new violation.
C. In addition to any other remedy available to the Township under law, including Township ordinances, an owner who rents an accommodation to any guest where there is no license as required is subject to penalties set forth at §
181-13.
D. Abatement of rent. Where there is no current, valid, license, no
financial compensation shall be charged, accepted, retained or recoverable
by the owner or lessor of the premises for the period where no current,
valid license existed. This abatement shall not be retroactively eliminated
regardless of whether there was subsequent compliance.
A license requested under this section may be denied by the
Township Manager or his designee, and any license issued under the
provisions of this chapter may be suspended, revoked or not renewed
by the Township Manager or his designee for cause. Cause shall include,
but not be limited to:
A. Fraud or material misrepresentation in the application for license;
B. Fraud or material misrepresentation in the operation of the licensed
business;
C. Any material violation of this section or of the regulations authorized
herein;
D. Any violation of federal or state law or local ordinance which creates
a risk to the health, safety or welfare of the transients or to the
community or where such violation brings into question whether the
applicant/licensee is of suitable character to operate the business;
E. Conducting the business in an unlawful manner or in such a manner
as to constitute a maintenance of a nuisance as defined in this chapter
upon or in connection with the proposed licensed premises. "Nuisance"
shall include, but not be limited to:
(1) Existing violations of construction building, construction electrical,
mechanical, plumbing, zoning, health, fire or other applicable regulatory
codes;
(2) A pattern or practice of guest conduct which is in violation of the
law and/or interferes with the health, safety and welfare of the properties
in the area;
(3) If the calls-for-service ratio within six months from application
or renewal as determined by Township officials is disproportionate
to the total rooms for lodging;
(4) Failure to maintain the grounds and exterior of the licensed premises,
including permitting litter, debris or refuse to exist on the proposed
and/or licensed premises outside of proper repositories or to blow
onto or be deposited upon adjoining properties; or
(5) Existing factors such as excess noise, assaults, loitering, illegal
drug activity or criminal behavior shall constitute unacceptable conduct
or behavior.
F. Failure by the applicant/licensee to permit the inspection of the
licensed premises by the Township's agents or employees in connection
with the enforcement of this section, provided the intended inspection
was in conformance with this chapter.
G. Failure of the applicant/licensee to pay business privilege taxes,
other Township obligations and real property taxes by the established
due date of each year arising from the licensee's use and occupancy
of the property. A licensee who does not own the real property is
not responsible for the payment of the real property taxes unless
a lease or contract requires such payment.
H. License suspension/revocation shall be in accordance with the following:
(1) A license may be temporarily suspended without a hearing by the Township
Manager or his designee where there are conditions that exist which
pose an immediate danger to the health, safety or welfare of occupants
and/or the public. The license shall be reinstated when Township Officials
have determined that all health, safety or welfare conditions have
been remedied.
(2) If a license is suspended, the hotel, motel or inn is prohibited
from furnishing accommodations or other space to new guests, including,
but not limited to, conference rooms, ballrooms, pools and spas, and
parking lots. The premises owner may only continue to operate and
furnish accommodations to current guests, unless an emergency order
requires immediate evacuation of the property.
(3) If a license is revoked, the owner of the property is prohibited
from furnishing accommodations or rented space to new guests and must
cease operations within 30 days of a final decision, during which
time they must:
(a)
Notify all guests of the establishment's cessation of operation;
(b)
Provide a reasonable amount of time for guests to vacate their
accommodations, which shall be no less than one week;
(c)
Comply with all health codes and provisions of this chapter
until all guests have vacated the property;
(d)
Allow the Township or any collaborating organizations or charities
to contact current guests directly, in order to provide information
regarding potential alternative accommodation options; and
(e)
Any licensee whose license is revoked must apply for a new license
as provided in this chapter.
Any applicant for a license or a renewal who is aggrieved by
the action of the Tinicum Township Board of Commissioners shall, within
30 days of the date of final decision, appeal to the Court of Common
Pleas of Delaware County, Pennsylvania whereupon the Court shall review
such records and proceedings and properly enter such order or decree
as the Court shall determine.
Where a current, valid, license is not in effect for a structure
for any reason under this chapter, the Township Manager or his designee
may issue an order to vacate to the applicant. The order to vacate
may be held in abeyance for up to 45 days if there are no conditions
on the property posing a hazard to life, limb, property or safety
of the occupants or the general public and the owner makes application
in compliance with this chapter.
The following rules, regulations and conditions shall be required
by each applicant for operational compliance for all hotels, motels
or inns within Tinicum Township:
A. Exits. All interior hallways shall have at least two separate emergency
exits on each story and be clearly marked with illuminated exit signs
and emergency lighting, both interior and exterior, as required by
applicable federal, state, or local regulations and ordinances pertaining
thereto.
B. Condition of premises; inspections. All premises shall be kept in
a clean condition and in good repair. All bed sheets, pillowslips,
towels and washcloths shall be replaced by clean items before any
new guest occupies a room previously occupied by another. Representatives
of the Township Health Department, Code Enforcement Department and/or
Fire Marshal office may inspect any hotel, motel or inn at any time,
provided that no inspector may enter any room rented to a guest or
guests without the expressed consent or invitation of at least one
of the guests occupying the room.
C. Registration. The management of each hotel, motel or inn shall keep
a register of all guests, lodgers or occupants; and shall inscribe
their names upon procuring lodging, a room or accommodations.
(1) Said applicant shall verify the credit card signature of each guest,
lodger or occupant making payment by way of credit card with the signature
inscribed upon the hotel register. If the signature as inscribed on
the register does not appear to reasonably match the signature on
the credit card, further identification shall be requested of the
type requested of persons paying in cash.
(2) Said applicant shall require identification of any guest, lodger
or occupant paying in cash or credit card at the time of registration.
Identification shall be in a valid and current format showing the
person's name and date of birth, and may be, but not be limited
to, a driver's license, state-issued picture identification card
or such other form as will reasonably assure that the registrant is,
in fact, the person under whose name such lodging, room or accommodation
is being procured. The applicant shall maintain a photocopy of such
identification and transpose the identifying information in the registration
ledger.
(3) For any guest, lodger or occupant taking occupancy through a prearranged
reservation in the name of a corporation, business, association or
any other entity, the applicant shall request such identification
of the specific guest, lodger or occupant at the time of registration
as will reasonably assure such person to be the person for whom the
lodging, room or accommodations have been procured.
(4) Before furnishing any lodging or accommodations to any person in
any hotel, motel or inn, the applicant thereof shall require the person
to whom such lodgings are furnished, or room is rented or accommodations
furnished, to inscribe his or her name in such register, kept for
that purpose, and shall set opposite said name the time that said
name was so inscribed and the room occupied by such lodger or guest.
D. Management person to be on duty. Every applicant shall, at all times
during which the premises accommodate guests, lodgers or occupants,
maintain on duty a responsible management person. Such management
representative shall be an individual capable of assisting and cooperating
with the police or other law enforcement officials in maintaining
the public health, welfare and safety and shall be conversant in the
English language.
E. Access for law enforcement persons. All information required to be procured and kept pursuant to §
181-12C of this chapter shall be provided to any federal, state or local sworn law enforcement officer having the lawful power to arrest, upon demand of the officer and a representation by said officer that a reasonable suspicion exists that such information is relevant to a then-pending inquiry or investigation. Nothing in this requirement shall be construed as giving any such officer any greater right or license to enter a room or invade privacy than the officer shall otherwise possess as a matter of common law, probable cause, constitutional law, statutory right or warrant.
F. Telephone required. Every applicant of any hotel, motel or inn shall
keep and maintain in each and every rental unit a telephone equipped
for outgoing calls, and which telephone will allow any person therein
to place a direct call to 911, the Township Police Department or the
Township Fire Department. The existence of a minor dialing requirement,
such as dialing 9 to obtain an outside line, shall not be deemed a
violation of this section. However, under no circumstances shall prepayment,
prior authorization or any other procedure of any nature which in
any way impedes effective, immediate and direct placement of such
emergency phone call be permitted.
G. Detection systems for hearing impaired. Each hotel, motel and/or
inn shall provide specialized automatic fire detection devices for
the deaf or hearing impaired. Notice of availability of specialized
automatic fire detection devices for the deaf and hearing impaired
shall be posted in the area designated for guest registration. The
hotel, motel and/or inn shall maintain at least one such specialized
automatic fire detection device for each 50 dwelling units with a
maximum of 10, minimum of two detection devices for each hotel, motel
or inn.
H. Misrepresentation. No person shall procure or provide lodging in
any hotel, motel or inn, or any services therefrom, through misrepresentation
or production of false identification or identification which misrepresents
the identity of the person procuring or sharing in such lodging or
service.
I. Number of guests, lodgers or occupants. No applicant shall rent or
provide a room for any number of persons greater than the sleeping
accommodations provided within the particular rental unit.
J. Number of persons congregating in a room. No applicant or guest,
lodger or occupant of any hotel, motel or inn shall allow to congregate
within any room or single rental unit a number of persons which is
greater than two times the number of persons for whom sleeping accommodations
are provided within the single room or rental unit.
K. Length of stay. As the intent of a hotel, motel or inn is to provide
temporary lodging for transient guests, under no circumstances shall
lodging be provided for more than 30 consecutive days, nor can the
guest, lodger or occupant utilize the hotel, motel or inn as their
primary residence. For reasonable cause shown, the Township Manager,
upon written request, may extend the length of stay.
Before any person shall occupy, inhabit, or use any hotel, motel
or inn or any part thereof, such applicant shall install or cause
to install therein fire protection systems which shall be in compliance
with the requirements of Pennsylvania Uniform Construction Code and
the Tinicum Township Fire Code, which provide for the installation
and maintenance of smoke alarms, fire sprinklers, kitchen hoods and
other safety alarms or fire protection systems.
In addition to all other remedies and penalties provided by
this chapter and other ordinances, the Township Solicitor may bring
suit in a court of competent jurisdiction to seek an injunction or
other appropriate relief to halt any violation of this chapter. Such
action may include seeking a temporary restraining order or temporary
injunction and other appropriate temporary relief. Nothing in this
chapter shall be deemed to restrict a suit for damages on behalf of
the Township or on behalf of any other person or entity.
All ordinances or parts of ordinances in conflict with the provisions
of this chapter are hereby repealed to the extent of such conflict.
The Township reserves the right at any time by ordinance to amend
or otherwise modify or repeal this chapter.
Should any section, subsection, paragraph, sentence, laws or
phrase of this chapter be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this chapter
which shall remain in full force and effect and for this purpose,
the provisions of this chapter are hereby declared to be severable.
This chapter shall become effective immediately upon its adoption.