[HISTORY: Adopted by the Board of Supervisors
of the Township of Uwchlan 6-5-2023 by Ord. No. 2023-03. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
following meanings, unless the context clearly indicates that a different
meaning is intended:
The total number of calls to the Chester County 911 Center,
law enforcement, emergency medical services and/or the Fire Department
resulting in a request for police, emergency medical services and/or Fire
Department representative to be dispatched or directed to the property
when those responses: result in a representative being dispatched
or directed to the property; allege evidence of criminal activity;
result in an arrest, charge or citation; or find an imminent threat
to safety of persons or property. Calls for service shall include
calls to law enforcement made by employees or agents of the hotel
property itself, but not for traffic citations in which the hotel,
motel, or inn is used as the address for the citation. Calls for service
will not include calls related to threats or incidents of domestic
violence.
The number of calls for service divided by the number of
rooms.
International Fire Code as adopted and amended by the Commonwealth
of Pennsylvania and the Township of Uwchlan.
A building or group of buildings containing individual rooms
for rental, primarily for transients, with common hallways for all
rooms on the same floor.
A commercial facility for the housing and feeding of guests.
A building or group of buildings containing individual rooms
or apartment accommodations primarily for transients, each of which
is provided with a separate exterior entrance and a parking space,
and offered principally for rental and use by motor vehicle travelers.
The term "motel" includes, but is not limited to, auto courts, motor
courts, motor inns, motor lodges, or roadside hotels.
The purpose of this chapter is to ensure the general health,
safety and welfare of patrons and guests at hotels, motels and inns
within the Township, Township residents, and other persons and property
within the Township.
A.
No person shall operate a hotel, motel or inn within the Township
without first obtaining an annual license.
B.
Applications for licenses shall be made to the Township Building
Department on forms provided by Township.
C.
If the applicant or licensee is not the owner of the property and
premises, the applicant shall provide the Township with written consent
and authorization from the owner(s) for the applicant to operate the
hotel, motel or inn on the premises and to apply for the necessary
permits.
D.
Except as otherwise provided by § 95-7 of this chapter,
and provided that the application is complete, the Township Code Official
and/or Fire Marshal shall issue a new license, or grant the renewal
of a license.
E.
A license shall expire on the one-year anniversary of the date of
its issuance. The holder of such license shall apply to the Township
for a renewal license at least 30 days prior to the expiration date
of the license and arrange for such annual inspection prior to the
expiration date of the license.
F.
The annual license fee is $250 and shall cover the initial inspection.
Should a reinspection be required, the fee shall be $50 for each additional
inspection. The annual license fee set forth in the Township fee schedule
may be amended from time to time by the Uwchlan Township Board of
Supervisors. 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 property and by denying or suspending
a license as provided in this chapter.
G.
License shall be posted in a visible location on site.
H.
The foregoing notwithstanding, any hotel, motel or inn lawfully operating
on the effective date of this chapter shall have 60 days from the
effective date to file an application for a license under this chapter.
A.
License application inspection. Upon the filing of a completed license
application form with the Township Code Enforcement Officer and/or
Fire Marshal, whether initial or renewal, the proposed accommodations
and structure shall be inspected by the Township Code Enforcement
Department and/or Fire Marshal for compliance with the requirements
of Township ordinances and applicable commonwealth laws.
B.
Additional inspections. The Township may conduct additional inspections
for one or more of the following reasons:
(1)
For the purpose of auditing compliance with conditions on a license.
(2)
For the purpose of reinspection to ensure the correction of any violations.
(3)
Upon receipt of a complaint of noncompliance with the requirements
of this chapter.
(4)
Whenever reasonable cause exists to believe that the structure, premises
or property unsafe, dangerous or hazardous.
C.
Inspection of multiple units. For properties having more than 50
units, a minimum of 10% of the units contained in those properties
may be inspected. The units to be inspected may be randomly selected
by the Township Code Official and/or Fire Marshal.
D.
Entry for inspection. Township Code Enforcement Officer and Fire
Marshal are authorized to enter the premises and structures at reasonable
times to inspect or perform the duties imposed by this chapter. If
requested, the Township Code Enforcement Officer and/or Fire Marshal
shall present credentials. During such inspection, Township Code Enforcement
Officer and/or Fire Marshal may be accompanied by other Township staff
and/or professional consultants engaged by the Township. If entry
is refused, the Township Code Enforcement Officer and/or Fire Marshal
shall have recourse to the remedies provided by law to secure entry.
Nothing herein is intended nor shall be construed to limit the authority
or ability of the Fire Marshal to seek entry and exercise its authority
under other applicable law.
E.
Inspection reports. If there are any violations noted on an inspection,
the applicant or licensee or the applicant's or licensee'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.
The following rules, regulations and conditions shall be required
by each applicant or licensee for operational compliance for all hotels,
motels, or inns within Uwchlan 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. Management
shall have a housekeeping log on site for review.
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.
D.
Management person to be on duty. Every applicant or licensee 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,
cooperating, and communicating with the police, emergency management
services, Code Enforcement Officer, Fire Marshal or other law enforcement
officials in maintaining the public health, welfare and safety.
E.
Access for law enforcement persons. All information required to be
procured and kept pursuant to § 95-5C 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 or licensee 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.
Misrepresentation. No person shall knowingly provide lodging in any
hotel, motel or inn, or any services therefrom, based on misrepresentation
or production of false identification or identification which misrepresents
the identity of the person procuring or sharing in such lodging or
service.
H.
Number of guests, lodgers, or occupants. No applicant or licensee
shall rent or provide a room for any number of persons greater than
the sleeping accommodations provided within the particular rental
unit.
I.
Number of persons congregating in a room. No applicant or licensee
shall knowingly allow a guest, lodger or occupant of any hotel, motel
or inn shall 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.
J.
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 good cause shown, the Township Manager, upon
written request, may extend the length of stay.
A.
Fire protection systems, including but not limited to fire-suppression
systems, fire and smoke detection systems, portable fire extinguishers,
notification systems, and kitchen hood suppression systems, shall
be maintained in good working order at all times. All systems and
equipment shall be inspected by certified third-party agencies at
intervals compliant with current NFPA standards. Tags shall be affixed
to all systems and equipment to indicate current inspection status
and contact information for maintenance needs.
B.
Hotel management and staff shall be trained for proper procedures
in the event of alarm activation or report of a fire or emergency.
C.
Upon activation of a fire alarm notification system, management and/or
staff shall not reset the system until directed to do so by Fire Department
personnel.
D.
More than two fire alarm activations within a thirty-day period,
caused by faulty equipment or malicious activation, shall be deemed
a violation of this chapter and shall be subject to penalties and
other remedies as set forth in this chapter.
E.
Fire protection systems that are inoperable, out of service, or are
removed from service shall cause the building or property to be deemed
unsafe. Provisions of the Pennsylvania Uniform Construction Code,
as adopted by Uwchlan Township, for vacating the building or property
shall apply.
A license requested under this section may be denied by the
Township Code Enforcement Officer and/or Fire Marshal, and any license
issued under the provisions of this chapter may be suspended, revoked
or not renewed by the Township Code Enforcement Officer and/or Fire
Marshal 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.
Conditions which pose a danger to the health, safety or welfare of
persons or property within the Township.
D.
Violation of federal or state law or local ordinance, including but
not limited to this chapter, which creates a risk of danger to the
health, safety or welfare of persons or property within the Township.
E.
Violation notice or corrective order that has not been corrected
for three months or more, including, but not limited to, a notice
or order regarding:
(1)
Bed bugs, cockroaches, rats, mice, flies, and any other insects or
vermin;
(2)
Cleanliness and maintenance of hotel rooms and common areas;
(3)
Heating, cooling, and ventilation;
(4)
Water supplies, including drinking water and hot and cold availability;
(5)
Lavatories, baths, and sewage;
(6)
Electricity;
(7)
Adequate lighting;
(8)
Laundry facilities;
(9)
Refuse removal;
(10)
Defective locks;
(11)
Violations of applicable fire, electrical, mechanical and plumbing
codes, including, but not limited to, the maintenance or nonfunctional
smoke or fire suppression systems; or
(13)
Violation of applicable fire, electrical, mechanical and plumbing
codes.
(14)
Factors such as noise, assaults, loitering, illegal drug activity
or criminal behavior;
(15)
Failure to maintain the grounds and exterior of the premises,
including allowing litter, debris, or refuse to exist on the premises
outside of the proper repositories or to blow onto or be deposited
upon adjoining properties.
F.
Failure by the applicant or 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 or licensee to pay business privilege taxes,
other Township obligations and real property taxes by the established
due date of each year arising from the applicant or licensee's
use and occupancy of the property. An applicant or 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.
The applicant or licensee has obstructed or interfered with correction
of violations.
I.
Calls-for-service ratio of 1.0 or greater over any three-consecutive-month
period within the last 12 months from the application or renewal date.
A.
Before any action is taken concerning the denial, nonrenewal, revocation
or suspension of a license, the Township shall serve the applicant
or licensee with notice of a hearing before the Uwchlan Township Board
of Supervisors by first-class mail, or email, sent at least 30 days
prior to the scheduled hearing.
B.
The notice of the hearing before the Uwchlan Township Board of Supervisors
as specified above shall contain the following:
(1)
Date and time;
(2)
Notice of the proposed action;
(3)
Reasons for the proposed action;
(4)
A statement that the applicant or licensee may be represented by
legal counsel, and present evidence and testimony;
(5)
A statement requiring the applicant or licensee to notify the office
of the Township Building Department 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 Supervisors shall submit
to the applicant or licensee a written statement of findings and determination.
D.
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 licensee may only continue to operate and furnish
accommodations to current guests, unless otherwise ordered by the
court or under other applicable law, including but not limited to
the Uniform Construction Code.
E.
If a license is revoked, denied or not renewed, the applicant or
licensee 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 it must:
(1)
Notify all guests of the establishment's cessation of operation;
(2)
Provide a reasonable amount of time for guests to vacate their accommodations,
which shall be no less than one week but not more than 30 days of
a final decision;
(3)
Comply with all health and safety codes and provisions of this chapter
until all guests have vacated the property;
(4)
Allow the Township or any collaborating organizations or charities
to contact current guests directly, in order to provide information
regarding potential alternative accommodation options.
Any applicant for a license or a renewal who is aggrieved by
the action of the Uwchlan Township Board of Supervisors shall, within
30 days of the date of final decision, appeal to the Court of Common
Pleas of Chester County, Pennsylvania, whereupon the court shall review
such records and proceedings and properly enter such order or decree
as the court shall determine.
A.
Any applicant, licensee, 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 Uwchlan 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.
If any sentence, clause, section, term, or provision of this
amendatory ordinance is for any reason determined by a court possessed
of subject-matter jurisdiction to be invalid or unenforceable, the
said determination shall not affect or impair any of the remaining
sentences, clauses, sections, terms or provisions hereof. It is here
declared to be the intent of the governing body of Uwchlan Township
that this amendatory ordinance would have been enacted without the
illegal or unenforceable sentence, clause, section, term, or provisions.
This chapter shall be effective five days from enactment.
