[HISTORY: Adopted by the Licensing Authority of the Town of Barnstable 10-17-2016. Amendments noted where applicable.]
A "lodging" or "guesthouse" shall mean a dwelling with a resident manager on the premises or associated with the business where lodgings, plus accommodations, with or without meals, are let to more than four and fewer than 20 separate guest units, not within the second degree of kindred to the person conducting it and shall include fraternity houses and dormitories of educational institutions but shall not include dormitories of charitable or philanthropic institutions or convalescent or nursing homes licensed under MGL c. 111, § 71, or rest homes so licensed, or group residences licensed or regulated by agencies of the commonwealth.
A "bed-and-breakfast establishment" is a private owner-occupied house where four or more rooms are let and a breakfast is included in the rent, and all accommodations are reserved in advance.
A "bed-and-breakfast home" is a private owner-occupied house where three or fewer rooms are let and a breakfast is included in the rent, and all accommodations are reserved in advance.
"Transient" shall mean a period of 90 consecutive calendar days or less for the purposes of this section only.
A lodging house where lodgings are let to more than five but fewer than 20 persons may furnish individual cooking facilities for the preparation, serving, eating and storage of food, provided that no such facility shall be furnished in a room having an area of less than 150 square feet. Such facilities shall, in a single room, consist of a gas or electric plate, a refrigerator and a storage area for food. Any facilities furnished under this section shall comply with the Building Code and the Town of Barnstable Zoning Regulations.
Every lodging house keeper shall keep or cause to be kept, in permanent form, a register in which shall be recorded the true name and residence of every person engaging or occupying a private room averaging less than 400 square feet of floor area. Such register shall be kept for a period of one year after the last entry therein, and shall be open to the inspection of the licensing authorities, their agents and the police.
Whoever being licensed as a lodging house keeper or being in actual charge, management or control of such lodging house knowingly permits the property under his or her control to be used for the purpose of immoral solicitation, immoral bargaining or immoral conduct, including criminal activities such as prostitution, use and sale of drugs, possession of drugs, and gambling, shall be subject to disciplinary proceedings against the license and shall be subject to a fine and imprisonment as set out by statute.
Whenever the Licensing Authority issues a lodging house license, the licensee may let individual rooms to individual persons only and may not contract out rooms to an entity or institution which intends to choose lodgers for the rooms. Such conduct will be held to constitute leasing out of the license and is prohibited. Violation of this rule may result in suspension or revocation of the license.