[HISTORY: Adopted by the Board of Commissioners of the Township of Tinicum 4-18-2005 by Ord. No. 787; amended in its entirety 7-20-2020 by Ord. No. 2020-909. Subsequent amendments noted where applicable.]
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.
CALLS-FOR-SERVICE RATIO
The number of calls for service divided by the number of rooms.
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 application inspection. Upon the filing of a completed license application form with the Township Manager, whether initial or renewal, the proposed accommodations and structure shall be inspected by the Township Code Enforcement Department, Health Department and Fire Marshal for compliance with the requirements of Township ordinances and Commonwealth laws by consent or upon the issuance of an administrative search warrant.
B. 
Property inspection. If, during the course of an inspection required under this chapter, any Township Official concludes that there are violations which, considering the nature and/or severity of the violation, poses a hazard to the health, safety or welfare of the occupants, the Township may conduct additional professional inspections needed to properly determine the extent of the violations or the corrective measures required to comply with this chapter.
C. 
Additional inspections. The Township may schedule and conduct additional inspections at any time for one or more of the following reasons:
(1) 
Due to recurrent violations, a combined three or more substantiated recurrent or uncorrected violations for a particular structure and/or accommodations and/or unit(s) within a structure, within a twelve-month period from the date of the most recent violation.
(2) 
Whenever reasonable cause exists to believe that there are violations of any duly adopted construction, health or fire codes on any premises or property, or other condition(s) which make the structure, premises or property unsafe, dangerous, hazardous or a nuisance.
(3) 
For the purpose of auditing compliance with conditions on a license.
(4) 
For the purpose of re-inspection to ensure the correction of any violations.
D. 
Inspection of multiple units. For properties having more than 50 units, a minimum of 25% of the units contained in those properties shall be inspected. The units to be inspected shall be randomly selected by the Township Code Official. The number of units inspected may be increased at the discretion of the Township Code Official should significant code violations be found or should the inspector have reasonable cause to believe other violations exist in the uninspected units.
E. 
Notification and presence of owner at inspection. Subject to below Subsection F, the applicant(s), or the applicant's legal agent if any, shall be notified of any initial or renewal inspections for the purposes of licensing. The failure of the applicant(s) or applicant's legal agent to appear for the inspection after notification does not preclude the inspection if access to the structure or unit can otherwise be lawfully obtained.
F. 
Entry for inspection. Except as otherwise provided by law, authorized inspections inside a unit will be made during reasonable hours with the consent of an applicant, legal agent, or occupant. Entry without the consent of an applicant, legal agent, or occupant will be made only after obtaining an administrative or criminal search warrant for the premises, a court order allowing entry of the premises for inspection, or otherwise as provided by law.
G. 
Inspection reports. If there are any violations noted on an inspection, within 10 business days after an inspection has been conducted, the applicant(s) or the applicant's legal agent shall be given written notice of the results. The notice of the inspection results shall be given personally or by first-class mail at the most recent address provided to the Township.
A. 
Provided the application is complete, and all inspections comply with this chapter, the Township Manager or his designee shall issue a new license, or grant the renewal of a license, except as provided in Subsections B, C, D, and G of this section, which require the Township Manager or his designee to deny any application for a new license, or renewal of a license.
B. 
The Township Manager or his designee shall deny any application for a new license or renewal of a license if the applicant makes a material misrepresentation of fact on the application.
C. 
The Township Manager or his designee shall deny any application for a new license, or renewal of a license, if the applicant is delinquent to the Township for any taxes or indebted to the Township for any other reason unless the delinquency or indebtedness is the subject of pending litigation.
D. 
The Township Manager or his designee may deny any application for a new license, or renewal of a license after consultation with the Township Code Enforcement Department, the Health, Police, and/or Fire Departments, if any of the following are shown to have occurred at the property:
(1) 
The property has outstanding violations or corrective orders from any of the above Township Departments that have not been corrected for three months or more, including, but not limited to, orders regarding:
(a) 
Bed bugs, cockroaches, rats, mice, flies, and any other insects or vermin;
(b) 
Mold;
(c) 
Heating, cooling, and ventilation;
(d) 
Water supplies, including drinking water and hot and cold availability;
(e) 
Lavatories, baths, and sewage;
(f) 
Electricity;
(g) 
Adequate lighting;
(h) 
Pools and spas;
(i) 
Housekeeping practices and policies;
(j) 
Refuse removal;
(k) 
Defective locks;
(l) 
Violations for noncompliance with the Tinicum Township Fire Code, including, but not limited to, the maintenance or nonfunctional smoke or fire suppression systems; or
(m) 
Violation or noncompliance with Pennsylvania Uniform Construction Code (Pa-UCC) including, but not limited to, property and building maintenance and/or severe structural defects.
(2) 
The property fails to meet accessibility requirements required by the Americans with Disabilities Act (ADA);
(3) 
The applicant has obstructed or interfered with correction of the violations, or is party to pending enforcement actions related to the property;
(4) 
The applicant has hindered or prevented any inspection of the property authorized by this chapter.
(5) 
The applicant has previously violated this chapter by operating without a license.
(6) 
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.
E. 
Upon the written recommendation of the Township Code Enforcement Department, Health Department, Police and/or Fire Departments, the Township Manager or his designee may prohibit the renting of accommodations until all violations and orders stemming from such guestrooms or spaces have been remedied.
F. 
Any attempt to rent accommodation(s) described in above Subsection E, or any failure to remedy all violations or orders for such guestrooms or spaces within three months, shall be deemed a violation under § 181-14.
G. 
The Township Manager or his designee may deny any application for a new license, or renewal of a license, if such denial is based upon the written report of noncompliance with Township Codes and Ordinances submitted by the Township Code Enforcement Department, Department of Health, Police and/or Fire Marshall; and the Township Manager or his designee concludes that the issuance of an application for a new license or renewal of an existing license would be detrimental to the public health, safety and welfare.
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.
A. 
Except pursuant to § 181-6H(1), before any action is taken concerning the nonrenewal, revocation or suspension of a license, the Township shall serve the licensee with notice of a hearing before the Tinicum Township Board of Commissioners by first-class mail, or email, sent at least 10 days prior to the scheduled hearing.
B. 
The notice of hearing before the Tinicum Township Board of Commissioners as specified above shall contain the following:
(1) 
Date, time and place of the hearing;
(2) 
Notice of the proposed action;
(3) 
Reasons for the proposed action;
(4) 
A statement that the licensee may be represented by legal counsel, and present evidence and testimony;
(5) 
A statement requiring the licensee to notify the office of the Township Manager of his designee at least three days prior to the hearing date if the licensee intends to contest the proposed action.
C. 
Upon completion of the hearing, the Board of Commissioners shall submit to the licensee a written statement of findings and determination within 45 days.
A. 
Any person whose initial request for a license is denied shall have a right to a hearing before the Board of Commissioners, depending upon the basis for the denial as specified below, provided that a written request for a hearing is filed with the Township Manager or his designee within 10 days following such denial. Failure to request a hearing within this time frame shall result in a final decision.
B. 
In addition to the information required in this chapter, an applicant whose application for a license under this chapter was denied by the Township Manager or his designee should be prepared to submit and discuss any additional information required by the Board of Commissioners. The Board of Commissioners shall have the right to reverse, modify, or affirm and sustain any denial to issue a license.
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.
A. 
Expiration date. A license shall expire 12 months from the effective date of the license, with the following exceptions:
(1) 
Inspection violations. A license will expire no more than six months from the effective date of the license if, at the last inspection, the property was cited for violations of the building, construction, electrical, mechanical, plumbing, zoning, health, fire or other applicable regulatory codes.
(2) 
In accordance with conditions. The license expires in accordance with any conditions placed on the license under this chapter.
B. 
Effect of license expiration. Upon expiration of a license:
(1) 
Vacate. The structure is subject to being ordered vacated in accordance with this chapter until a valid license is issued.
(2) 
Meet conditions before new application. If the license expired for failure to comply with conditions placed on it, application for a new or renewal license may be made only after the conditions have been met.
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.
A. 
Any applicant, person, partnership, corporation or any other legal entity violating the provisions of this chapter shall, upon summary conviction, be liable to pay a fine of no more than $1,000 plus the cost of prosecution for each offense and shall be incarcerated for a term not exceeding 90 days.
B. 
Continued violation of this chapter after written notification from the Township of Tinicum shall constitute a separate and distinct violation each day the violation continues.
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.