[HISTORY: Adopted by the Licensing Authority of the Town
of Barnstable 10-17-2016. Amendments
noted where applicable.]
A.
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.
B.
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.
C.
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.
D.
"Transient" shall mean a period of 90 consecutive calendar days or
less for the purposes of this section only.
A.
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.[1]
A.
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.
B.
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.
C.
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.
