No person or entity shall operate a hotel or motel without a license issued by the Board of Health in accordance with the provisions of MGL c. 140 and the provisions of this regulation.
An application for a license to operate a hotel or motel must be provided to the Sharon Board of Health along with an application fee of $100 annually.
This article is adopted under the authority of MGL c. 140, §§ 30, 32A, 32B, and MGL c. 111, § 122.
No person shall let to another for occupancy any rental unit in a hotel or motel, for any period of time, for the purpose of temporary sleeping and living, which does not comply with this article of the Sharon Board of Health Regulations.
Hotels, motels and other short-term living facilities must be in full compliance with these regulations. Failure to meet the requirements for these facilities may result in closure of the motel, hotel or other short-term living facility by the Sharon Board of Health.
The license to operate a hotel or motel will be based on continued compliance with the regulations below.
The accommodations provided by the hotel or motel must meet the minimum standards for habitability as described in Chapter 2 of the State Sanitary Code, 105 CMR 410.000.
The rules and regulations for rental of a temporary sleeping accommodation or temporary residence in a hotel or motel are reasonably designed to ensure the health, safety, welfare and peaceful enjoyment of renters and the surrounding area.
Premises must be equipped with an operational video surveillance and recording system deployed to the satisfaction of the Sharon Police Department so as to make visible all interior and exterior common areas, including but not limited to lobbies, parking areas, outdoor areas on the property of the motel/hotel, common hallways, meeting areas, public sidewalks adjoining the property, etc. For purposes of implementation of this regulation, all licensed hotels/motels shall install approved video surveillance equipment within 90 days of passage of this regulation.
The owner or operator of a hotel or motel shall take all steps reasonable and necessary to insure that video surveillance and recording equipment is in good working order at all times.
Video surveillance records shall be retained a minimum of 60 days from the day of creation.
A register of renters must be maintained in accordance with the provisions of MGL c. 140, § 27, and this regulation. Failure to comply with the requirement for maintenance of a guest registry may result in denial of a license upon reapplication. Information on all hotel and motel guests must be maintained on file for six years and is subject to review by the Sharon Police Department. Notice of the register must be posted in a conspicuous place as described in MGL c. 140, § 31.
All guests must provide, and hotels must make and maintain a copy of, identifying information from the renter(s). No person shall be allowed to rent accommodations without providing suitable photographic identification at the time of registration. A "suitable identification" shall mean a government-issued photo identification card such as a driver's license, passport, or other proof of permanent address.
The owner or operator of a hotel or motel shall immediately, upon notice that a registration was incomplete or inaccurate, terminate the rental agreement and evict from the premises all persons occupying the room for which such incomplete or inaccurate registration was provided.
No owner or operator of a hotel or motel shall knowingly permit the premises to be used for any illegal purpose, including but not limited to those purposes outlined in MGL c. 140, § 26.
No owner or operator of a hotel or motel shall allow occupancy by any person if he knows or has reason to know that the person has engaged in illegal activity during a past period of occupancy on the premises.
For purpose of this section, notification from the Police Department that an arrest for illegal activity has been made during a period of occupancy shall create a presumption that illegal activity has occurred, provided that said presumption may be refuted by evidence that charges were subsequently dismissed.
The owner or operator of a hotel or motel shall, upon request, provide immediate access to registration information and video surveillance recordings to the Police Department empowered to enforce this regulation.
No owner or operator of a hotel or motel shall allow or permit renters or occupants to create a public nuisance, as defined in Article 4 of the Sharon Board of Health regulations, on the premises.
Enforcement. Provisions of this regulation may be enforced by members of the Sharon Police Department and the Board of Health, its agents and/or employees.
The provisions of this regulation shall not limit the authority of police officers to make arrests for any criminal offense arising out of conduct regulated herein, nor shall they limit the Town of Sharon's or the Commonwealth of Massachusetts' ability to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of any provision of this regulation. The Sharon Police Department may, when deemed necessary for the purpose of enforcing the provisions of this regulation, with prior verbal notification to the operator, post a police detail on the premises of a licensed motel or hotel, the cost of which may be charged to the license holder.
All food services provided at a hotel or motel in Sharon must be in full compliance with 105 CMR 590.00: Minimum Sanitation Standards for Food Service Establishments.
Sanitary conditions must be maintained on the premises to include rooms, bathrooms, and common areas.
To ensure the safety of guests and visitors, all outdoor areas on the property of a motel or hotel must have security lighting, i.e., lighting that is intended to deter or detect intrusions or other criminal activity on a piece of real property, on all areas of the property, including but not limited to interior common areas and exterior parking areas, walkways, and paths.
Animals, if allowed on site, must be maintained in a sanitary and humane manner.
All hotels and motels must provide drinking water from an approved source which meets all federal, state and local standards.
All hotels and motels must be in full compliance with the Massachusetts Building Code and local building regulations.
All hotels and motels must be in full compliance with state and local fire codes and safety regulations.
All hotels and motels must maintain contained and sanitary waste disposal units on site for containment and removal of garbage, trash, and other nonsanitary waste.
A wastewater system in full compliance with 310 CMR 15.000: Title Five and Article 7 of the Sharon Board of Health regulations must be on site.
The Board of Health may, at any time on its own motion, and shall, at the request of the Police Department, hold a public hearing relative to suspension or revocation of a license granted under this regulation. A minimum of three days' written notice of said hearing shall be provided to the license holder, delivered to the licensed premises, and it shall specify the reasons for the hearing.
The Board of Health may suspend or revoke any license/permit where it finds that the holder has failed to substantially comply with the provisions of this regulation. Three uncontested citations or adjudicated violations in any twelve-month period shall be prima facie evidence of failure to substantially comply with this regulation as set out in MGL c. 140, § 30, and MGL c.140, § 32B.
Violation of the provisions of this regulation may result in penalties of $300 per violation upon the owner and/or person or entity in control of the property. Such fines may be imposed as criminal fines, pursuant to MGL c. 40, § 21, or civil fines pursuant to MGL c. 40, § 21D, and Chapter 1, Article I, of the General Bylaws.
For purpose of this regulation, the existence of a violation may be deemed a separate offense for each day that such violation continues.
If the owner or person or entity in control of the property fails to pay fines issued for violations of this regulation, the Town may impose a lien upon the property pursuant to MGL c. 40, § 58.