[R.O. 1996 § 655.010; Ord. No. 3026 § 1, 11-17-1997; Ord. No. 4741, 5-7-2018]
Terms used in this Chapter shall
have the meanings ascribed to them in this Section and shall be construed
as indicated in this Section:
All calls for law enforcement service related to criminal
activity and civil disputes, as listed below, or violations of local,
state or Federal laws which result in City personnel being dispatched
or directed to the hotel or motel. "Calls for service" include any
self-initiated investigation based on the observation(s) of law enforcement
when it is determined, based on the greater weight of evidence, that
a violation of law has occurred. Law enforcement calls for service
shall be measured by one (1) event or occurrence at a hotel. Multiple
calls for one (1) event shall count as one (1) call for service. Calls
for service at a particular hotel or motel are cumulative regardless
of ownership.
Law enforcement call types that represent a call for service
include:
ABANDAbandoned motor vehicle.
ARSONArson.
ASLTAssault.
BOMBBomb.
BURGBurglary.
CHILDEndanger welfare of child.
CIVILCivil matter.
DDDomestic disturbance.
DIDeath investigation.
DISTDisturbance.
DRUGDrug.
FORGERYForgery/counterfeiting.
HARHarassment.
KIDKidnapping.
LAWState law violation.
MIPMinor in possession of intoxicants.
NOISENoise complaint.
ORDOrdinance violation.
PROPDProperty damage.
ROBRobbery.
STATSpecial operations.
STEALStealing.
SXOSexual offenses.
TERRORTerrorist threat.
WARArrest warrant/search warrant.
The number of calls for service in a calendar year divided
by the total number of guest rooms in a hotel or motel. For the purposes
of this Section, the calls for service room ratio shall be calculated
based on the preceding year's calls for service and shall be used
to classify a hotel or motel for the current year. The number of rooms
for each hotel or motel, used for calculating the calls for service
room ratio, will be provided by the Director of Community Development
through the business licensing process.
All receipts from the rental of sleeping accommodations by
hotels or motels, including all state, Federal and local taxes, whether
paid in cash, credits or property, and without any deduction or exemption.
Any structure or building under one (1) management or ownership
which contains rooms furnished for the accommodation or lodging of
guests, with or without meals being provided, and kept, used, maintained,
advertised, or held out to the public as a place where sleeping accommodations
are sought for pay or compensation to transient guests or permanent
guests and having more than three (3) bedrooms furnished for the accommodation
of such guests. This definition is intended to include tourist courts,
bed-and-breakfast establishments and similar facilities, but not hospitals,
nursing homes or convalescent centers.
Any person who is the proprietor of any hotel or motel, whether
in the capacity of the owner, lessee, receiver, sublessee, franchisee,
mortgagee in possession, manager or agent of any of the aforementioned;
who offers or accepts payment for rooms, guest rooms, sleeping accommodations,
or board and lodging; and who retains the right of access to, and
control of, the guest rooms. "Hotel or motel operator" shall include
any responsible party designated by the hotel or motel operator, as
found in this Chapter.
Any person who occupies a room in a hotel or motel for thirty-one
(31) days or less during any calendar quarter.
[R.O. 1996 § 655.020; Ord. No. 3026 § 1, 11-17-1997; Ord. No. 3531 § 1, 1-21-2003]
In addition to the license fees levied on hotels and motels pursuant to Chapter 605, there is hereby levied upon every person engaged in the business of operating and carrying on the business of the operation of a hotel or motel, an additional license tax in an amount equal to six and one-half percent (6 1/2%) of gross daily rental receipts derived from transient guests for sleeping accommodations.
[R.O. 1996 § 655.030; Ord. No. 3026 § 1, 11-17-1997]
There is hereby established a Convention
and Visitor Fund in the City. All taxes levied, collected and appropriated
pursuant to this Chapter shall be deposited to the credit of this
fund. The Convention and Visitor Fund shall be used to provide facilities
for and promote tourists, conventions and visitors to the City and
for any and all things associated therewith to include, but not be
limited to, buildings, infrastructure, advertising, recreation facilities,
bike paths, parks, and other things that would attract or be used
to some extent by tourists, conventions or visitors to the City, or
to make rental payments or pay debt service on leases on other instruments
the proceeds of which were used to provide such facilities.
[R.O. 1996 § 655.040; Ord. No. 3026 § 1, 11-17-1997; Ord. No. 3443 § 1, 1-22-2002]
The license tax due under this Chapter
shall be paid to the City Finance Department monthly. The license
tax due for gross daily rental receipts collected during each month
shall be due and payable on or before the last day of the following
month.
[R.O. 1996 § 655.050; Ord. No. 3026 § 1, 11-17-1997]
Every person engaged in the business
of operating a hotel or motel shall file monthly reports with the
City Finance Director on forms prescribed by the Director, giving
such information as may be necessary to determine the amounts to which
the license tax shall apply for the monthly period. The monthly reports
shall be submitted with the monthly payments.
[R.O. 1996 § 655.060; Ord. No. 3026 § 1, 11-17-1997]
The City Finance Director or the
Director's authorized representative shall have the right at all reasonable
times during business hours to make such examination and inspection
of the books and records of the hotel or motel as may be necessary
to determine the correctness of the reports required by this Chapter.
[R.O. 1996 § 655.070; Ord. No. 3026 § 1, 11-17-1997]
Renewal of any City business license
or liquor license of any person who has been delinquent in remitting
the additional license tax for or during three (3) or more months
during the year preceding renewal shall be conditioned upon the posting
of a bond to secure payment of said taxes during the year of renewal.
The amount of the bond shall be equal to the amount of license tax
payments of such person during the year preceding renewal. The bond
shall be subject to the approval of the City Attorney.
[R.O. 1996 § 655.080; Ord. No. 3026 § 1, 11-17-1997; Ord. No. 3443 § 2, 1-22-2002]
For each month, or part thereof,
any license tax provided for under this Chapter remains unpaid after
the same shall be due and payable, there shall be added to such license
tax as a penalty ten percent (10%) of the amount of such license tax
for the first month or part thereof the same is unpaid, and for each
and every month thereafter two percent (2%) of the amount of such
license tax shall be added until the same is fully paid. In no case
shall the total penalty exceed thirty percent (30%) of the license
tax. If the license tax as provided in this Chapter is not paid by
the fifth day after said tax is due, the Finance Director or the Director's
designee may initiate suspension or revocation of the City business
license and/or liquor license of the person liable for such license
tax in accordance with the procedures provided by ordinance for the
suspension or revocation of said licenses. In addition to the penalties
provided herein, any person subject to the provisions of this Chapter
who fails to file a statement or pay the license tax or files a false
or a fraudulent statement required by this Chapter or within the time
required by this Chapter shall, upon conviction thereof, be punished
by a fine not exceeding five hundred dollars ($500.00) or by imprisonment
not exceeding three (3) months, or by both such fine and imprisonment.
[R.O. 1996 § 655.090; Ord. No. 3026 § 1, 11-17-1997]
Notwithstanding the provisions of Section 655.030, the City shall be entitled to an administrative fee to be charged against the Convention and Visitor Fund which shall reflect the cost to administer the levying, collecting and appropriating of the fund but which shall not in any circumstance exceed six percent (6%) of the amount collected during the year in which the fee is charged.
[R.O. 1996 § 655.100; Ord. No. 3026 § 1, 11-17-1997; Ord. No. 5111, 4-18-2022]
A.
There
is hereby established an advisory commission known as the "Tourism
and Visitors' Advisory Commission" made up of persons associated with
the tourist industry, citizens, Chamber of Commerce members and City
staff to provide advice to the City Council as to use of funds in
the Convention and Visitor Fund.
B.
Composition.
The Tourism and Visitors' Advisory Commission shall consist of five
(5) members.
C.
The
Mayor, with the consent and approval of a majority of the City Council,
shall appoint all members of the Tourism and Visitors' Advisory Commission.
All members shall be residents of Blue Springs. Best efforts will
be made to have representation from each Council District. Appointment
of a successor or reappointment of a member shall be effective on
or about May 1 following expiration of the member’s term. Members
shall continue to hold office until reappointed or their successor
is appointed. The Mayor, with the consent and approval of a majority
of the City Council, shall appoint a person to fill the unexpired
term of that member. Members appointed by other entities shall serve
until the entity to be represented appoints a replacement.
D.
Any
member of the Tourism and Visitors' Advisory Commission may be removed
from office for misconduct, neglect of duty, or lack of qualifications
by executive order of the Mayor after receiving the consent of a majority
of the entire City Council, or by a five-sevenths (5/7) vote of the
City Council on its own initiative.
E.
The
Mayor, with the consent and approval of a majority of the City Council,
shall appoint a Chair and Vice Chair annually on or about May 1 for
a term of one (1) year. No member shall serve more than two (2) consecutive
terms as Chair or Vice Chair.
F.
Any
sub-committee of the Tourism and Visitors' Advisory Commission shall
require approval of the City Attorney and City Council. Any approved
sub-committees shall abide by all Sunshine Laws.
G.
Rules
of Procedure shall be adopted and amended from time to time by Resolution
by the City Council.
H.
Meetings
of the Tourism and Visitors' Advisory Commission shall be held at
the call of the Chair and at such other times as the Tourism and Visitors'
Advisory Commission may determine.
[R.O. 1996 § 655.110; Ord. No. 3026 § 1, 11-17-1997]
To the extent allowed by law, the reports generated pursuant to Section 655.050 and records or information generated by inspection and/or examination pursuant to Section 655.060 and any other information or record that would disclose facts or figures about an identifiable hotel or motel which would or could provide information concerning the identified hotel or motel's receipts or occupancy shall not be divulged or be made public, and all such records shall be closed.
[Ord. No. 4741, 5-7-2018]
A.
Tier Classification.
1.
By June 30, 2018, the Chief of Police shall determine the calls
for service room ratio of all hotels and motels located within the
City from July 1, 2017, to December 31, 2017. Beginning January 1,
2019, the Chief of Police shall determine the calls for service room
ratio by January 31 of each calendar year.
3.
Any hotel or motel opening after January 1 of each year which
has not previously operated in the City shall be presumed to be a
Tier One until the next year's January 31 evaluation date.
B.
Tier Notification Required.
1.
By January 31 of each calendar year, the Chief of Police shall
notify each hotel or motel operator within the City of the calls for
service room ratio for that hotel or motel. The notice shall be in
writing delivered by first class mail to the address provided by the
hotel or motel operator on the business license application, certified
mail or other method which provides confirmation of delivery. The
Chief of Police shall provide monthly updates to each Tier Two and
Tier Three hotel or motel operator, listing new calls for service
tracked during the period.
2.
The tier notices shall include:
a.
The street address and description of the hotel or motel sufficient
for the accurate identification of the hotel or motel.
b.
The tier classification assigned to the hotel or motel.
c.
As allowed by law, data specifying the types of calls for service
identified as having occurred at the hotel or motel or on hotel or
motel property during the period reviewed, including the incident
numbers assigned to such calls for service and the date and time of
each call to allow the hotel or motel operator to understand the basis
of the designation.
d.
The mandated action steps required by this Chapter and the dates
for implementation.
e.
The procedures that the hotel or motel operator may appeal the
data which the tier classification is based.
C.
Tier Classification Appeal. Upon notice of tier classification, the hotel or motel operator may file an appeal within fifteen (15) days of the notice for a hearing before the hearing officer appointed by the City Administrator, as provided for in Chapter 140 of this Code.
D.
Compliance With Tier Requirements.
1.
The hotel or motel operator shall have ninety (90) calendar
days from the date of notice of their tier classification to implement
the tier requirements as specified in this Chapter.
2.
All tier compliance inspections shall be conducted by the Police
Department on a quarterly basis.
3.
The hotel or motel operator shall have thirty (30) days after
a failed inspection to regain compliance with the tier requirements.
4.
The Chief of Police will notify any non-compliant hotel or motel
operator in writing of the non-compliance finding. That notification
may also include a recommendation to the Community Development Director
that the hotel or motel business license be revoked.
F.
Hotel or motel operators with hotels and motels classified in Tier
One shall:
1.
Maintain a guest log per State Statute.
2.
Ensure posting of registered sex offenders.
a.
The hotel or motel operator of any hotel or motel shall inquire
of any person seeking to become a permanent guest or employee identification
in the form of government-issued identification, including a driver's
license, a driver's license permit, military identification or passport,
either foreign or domestic.
b.
The hotel or motel operator shall run the name through the National
Sex Offender Public Website (NSOPW), as first established by the 2006
Adam Walsh Child Protection and Safety Act.
c.
The hotel or motel operator shall post in the vicinity of the
registration desk, in a manner viewable by the public, an eight and
one-half-inch by eleven-inch sign indicating the number of sex offenders
currently non-transient guests or employees of the hotel. Lettering
on the sign shall be no less than one (1) inch in height and one-half
(1/2) inch in width.
3.
At the request of a hotel or motel operator, the Blue Springs
Police Department will provide the hotel or motel with advice concerning
crime prevention through environmental design standards and general
crime prevention methods.
G.
Hotel or motel operators with hotels and motels classified in Tier
Two shall:
1.
Have a hotel or motel operator available on the premises at
all times.
2.
Ensure a Blue Springs Police Department crime prevention assessment
of their property is completed.
3.
Obtain and document the guest vehicle information, including
make, model, color and license plate number.
4.
Ensure all guests or occupants of a room provide a picture ID,
which will be photocopied and maintained in the hotel office during
the length of stay.
5.
Follow all conditions of Tier One requirements.
H.
Hotel or motel operators with hotels and motels classified in Tier
Three shall:
1.
Follow all conditions of Tier One and Tier Two requirements.
2.
Provide the Chief of Police with the names of all hotel and
motel operators and security staff.
3.
Ensure that individuals visiting hotel or motel occupants leave
by 11:00 P.M.
4.
Conduct semiannual training sessions for employees and staff
on crime prevention techniques, as assisted by the Blue Springs Police
Department.
5.
Provided twenty-four (24) hours per day, seven (7) days a week
front desk personnel.
6.
Install and maintain lighting in the lobby, parking lots and
indoor and outdoor common areas of the hotel or motel.
7.
Ensure parking passes are issued and recorded for all vehicles
allowed to park on the premises with each pass marked with the issue
date and expiration date. All vehicles shall prominently display the
pass on the front windshield.
8.
Maintain a daily key log. Each key found to be missing must
have its corresponding lock re-keyed prior to the room being rented.
Each master key found to be missing will require the establishment
to re-key all corresponding locks. Records of all rooms being re-keyed
shall be maintained by the hotel or motel operator for a period of
twelve (12) months.
9.
The hotel or motel operator will participate in the Blue Springs
Police Department hotel or motel crime prevention training annually.
10.
Ensure that all persons visiting guests sign in at the front
desk. A picture ID shall be required, photocopied and kept on file
during the guest's stay.
