This Ordinance shall be known as the Short-Term Rental (STR) Business License Ordinance. This Ordinance shall be applicable in the unincorporated area of Sacramento County, which shall be referred to herein as "County."
(SCC 1756, 4/22/2025)
The purpose of this Chapter is to establish a business license procedure, for the legal use of residential dwelling units located in the County as transient occupancies, to ensure the health and safety of occupants, guests, and the surrounding residential neighborhood, and to minimize negative secondary effects associated with such use.
(SCC 1756, 4/22/2025)
Any property owner, tenant, professional property management company, agent, or person with a financial interest in a residential property, who leases, rents, or otherwise makes available for compensation, a unit for any period of twenty-nine (29) consecutive days or less, must first obtain a short-term rental business license pursuant to this Chapter prior to advertising and/or operating the Short-Term Rental unit. The short-term rental business license is in addition to the Short-Term Rental Zoning Permit required pursuant to Sacramento County Zoning Code Chapter 3.9.3 and 6.5.6., and the transient occupancy tax returns that are required pursuant to Sacramento County Code Chapter 3.08.
(SCC 1756, 4/22/2025)
The following words and phrases shall have the meanings set forth below when used in this chapter:
A.
AGENT. Means a company, individual, or representative authorized by the property owner, or person with a financial interest in the property, to rent or manage the short-term rental.
B.
BEDROOM. Means any room in a dwelling unit used or intended or designed to be used for sleeping purposes with no less than 70 square feet of floor area and no dimension less than seven (7) feet other than bathroom(s), kitchen, living, dining, family or any other room that meets the definition of a den or all requirements of the California Residential Code, and contains a window or opening that can be used for emergency egress.
C.
BOOKING TRANSACTION. Means any reservation or payment for a service provided by a-person who facilitates a short-term rental unit transaction between a prospective short-term residential rental unit guest and a short-term residential rental unit Licensee.
D.
COUNTY. Means the County of Sacramento.
E.
DAYS. Means calendar days, of which there are 365 in a calendar year which contains twelve (12) months.
F.
DEPARTMENT. Means the Department of Finance for the County of Sacramento, unless otherwise indicated.
G.
DIRECTOR. Means the Director of Finance for the County of Sacramento or their designated representative.
H.
GUEST or GUESTS. Means any individual or individual(s), corporation, or other legal entity renting, or occupying, the short-term rental unit for the purposes of staying overnight.
HOST. Means the person holding the permit and the business license to operate the Short-Term Rental Unit. Also defined as LICENSEE.
I.
HOSTING PLATFORM. Means a marketplace in whatever form or format, which facilitates rental of a short-term residential rental unit through advertising, match making or any other means, using any medium or facilitation, and from which the operator of the hosting platform derives revenues from providing or maintaining the marketplace.
J.
LOCAL CONTACT PERSON. Means an individual who is personally available by telephone on a twenty-four (24) hour basis and who maintains the ability to be onsite within sixty (60) minutes and who has access and authority to assume management of the Short-Term Rental unit. An agent or professional property management company that meets the availability requirements can serve as the local contact person.
K.
PRIMARY RESIDENCE. Means a dwelling lived in, for at least six (6) months per year, by the owner or by a long-term Tenant with a written lease and authorization from the owner.
L.
OWNER. Means the owner of record of the real property on which the short-term rental unit exists.
M.
PROPERTY. Means the legal parcel that is the situs of a short-term rental unit. For single-family dwellings, "property" is defined as lot(s) upon which the dwelling is located. For a condominium, the "property" is identified as that condominium unit.
N.
SHORT-TERM RENTAL UNIT (or "STR"). Means any unit, or portion thereof, permitted for residential use and rented for occupancy, lodging, or sleeping purposes for a period of not less than one night and not more than twenty-nine (29) days. An STR shall not mean Commercial lodging use such as hotel, motel, bed and breakfast inn, campground, RV park, or timeshares. Such Commercial lodging use is not included in this definition and is not subject to the requirements of this Chapter.
O.
TENANT. A person who rents the property from the property owner and occupies the subject property as their primary residence for at least six (6) months per year.
(SCC 1756, 4/22/2025)
A.
It is unlawful for any person to advertise; maintain, operate, use, or cause to be used a short-term rental unit in the County without a valid short-term rental business license.
B.
The issuance of any business license pursuant to this Chapter does not relieve the owner of the obligation to comply with the other provisions of the County Code, the County Zoning Code, or any associated transient occupancy tax due, or to comply with all other state, local, and federal laws.
(SCC 1756, 4/22/2025)
A.
A. Application. An application for a short-term residential rental unit license shall be submitted to the Department on a pre-approved form or website. The required content of the form may be revised from time to time, but at a minimum shall require the following:
1.
Property owner's name and contact information.
2.
Applicant's name and contact information (if different from the property owner).
3.
Copy of the lease agreement and authorization form (if the Applicant is not the property owner).
4.
Name and contact information of the local contact person. The contact information must contain the number at which that party may be immediately reached.
5.
Name and contact information of the management company or agent (if different from the parties above).
6.
Address and Assessor's Parcel Number (APN) for the property containing the single-family residential unit, or other permitted structure to be used as a short-term residential rental unit.
7.
Description of the property, including the unit type, number of bedrooms, bathrooms, and available on-site parking spaces.
8.
Description of the portion of the property which will be rented out as a short-term rental unit.
9.
Affirmation that the property contains fire extinguishers, smoke alarms, and carbon monoxide alarms, as required by law.
10.
Maximum number of guests allowed for overnight stays.
11.
Description of what measures are taken to ensure vehicles and guests do not disturb the neighborhood.
12.
Description of what actions are taken to mitigate reasonably foreseeable nuisances.
13.
The average nightly rate of the rental.
14.
Acknowledgement that the property owner or agent has read and understands the operational standards and prohibitions and restrictions in this Chapter, including but not limited to the County's noise, parking, garbage, and nuisance regulations in the Sacramento County Code.
B.
Issuance and Denial. Upon the receipt of a complete application for a license, including any required fees, the Director shall issue a license within fifteen (15) days of approval from the Office of Planning and Environmental Review unless the Director finds, in writing, that any of the following apply, in which case, the application may be denied.
1.
If any of the information supplied on the application is incomplete, incorrect, or in any way not consistent with county records and the Applicant has failed to respond, within fifteen (15) days, to the Department's request for additional information.
2.
The application contains a false or misleading statement or omission of a material fact.
3.
The Applicant or Licensee is currently in violation of or has previously been found to be in violation of, any local, state, or federal law, statute, rule, or regulation.
4.
The Applicant or Licensee is delinquent on any payment to the county of any fees, penalties, taxes, or other monies due in relation to a short-term rental unit, including but not limited to, transient occupancy taxes and property taxes.
5.
The Applicant or Licensee has had a prior revocation or suspension of a short-term rental license in the last twelve (12) months.
6.
The Applicant or Licensee fails to obtain a valid Short-Term Rental Permit from the County Planning Director.
7.
A written determination has been made that the property is, or would be by issuing the license, a threat to the public health, safety, or welfare.
8.
A notice of non-compliance, notice of violation, or other enforcement notice has been issued in connection with the property.
C.
Continuing Responsibility. It is the responsibility of the Applicant to immediately notify the Department if any of the information contained in the application changes. Failure to inform the Department may result in denial of the application.
(SCC 1756, 4/22/2025)
A.
Each short-term rental license application shall be accompanied by the non-refundable short-term rental license application fee.
B.
The license application fee imposed by this Chapter shall be established by resolution of the Board of Supervisors and shall be in addition to any other County fees imposed upon the Applicant. The license application fee shall be paid to the County at the time the license application is submitted.
(SCC 1756, 4/22/2025)
A.
Any license issued pursuant to this Chapter shall expire three hundred sixty-four (364) days from date of license issuance, unless revoked earlier.
B.
The license authorizes the Applicant to conduct only such services as is described in the license and in accordance with the terms and conditions of this Chapter.
C.
Following license expiration, continued use of a short-term rental unit is prohibited unless a new license application has been accepted by the Director prior to the current license expiration. In such a case, continued operation is allowed until a determination is made by the Director on the new application.
D.
A license issued pursuant to this Chapter is nontransferable.
(SCC 1756, 4/22/2025)
A.
The Director of Finance or the Planning Director or their designee may impose conditions relating to any method or manner of operation of the short-term rental unit as deemed necessary to adequately protect members of the public, mitigate, or avoid violations of any state, local, or federal laws, regulations, or rules, or for other reasons legally and reasonably deemed necessary.
B.
Such conditions may be imposed at the time a license is initially issued or at any time during the term of the license.
C.
Any condition imposed pursuant to the provisions of this section, whether established at the time of issuance or during the active term of the license, shall be served in writing on the Applicant or Licensee in accordance with Section 4.08.180.
D.
Appeal. The Applicant may appeal the imposition of a condition on the license pursuant to Section 4.08.140.
E.
Any condition imposed after the license was initially issued shall become effective fifteen (15) days following the date of service of the notice thereof; provided that an appeal is not filed within the time and in the manner prescribed. If such appeal is filed, the condition shall not become effective until the appeal is finally determined.
(SCC 1756, 4/22/2025)
A.
Compliance with Laws. At the time of issuance of a short-term rental business license and at all times thereafter, the-short-term rental unit shall be in compliance with all local, state, and federal laws, rules and regulations.
B.
Record Keeping. The Licensee shall maintain records sufficient to prove compliance with this Chapter and other applicable laws. These records shall be maintained so that they can be readily provided to the County, and provided in such a manner that establishes that the Licensee is routinely maintaining such records. These records shall contain, at a minimum:
1.
The date and time, contact information for the person who rented the unit, and the rate the unit was rented for.
2.
The dates each smoke alarm and carbon monoxide alarm were installed.
3.
The date, response, and action taken for any complaint received in connection with the operation of the Short-Term Rental Unit.
All records shall be made available to the County upon request and shall be retained by the owner for the term of the short-term residential rental unit license. Failure to allow the County to review the records shall be grounds for an immediate revocation of the License.
(SCC 1756, 4/22/2025)
A.
At all times the Short-Term Rental unit is rented, an Information Flyer shall be publicly displayed in a manner that is obvious and easily accessible, within the interior of the rental by the front door, on the interior of each bedroom door; and on all advertisements, which contain a photo of the STR.
B.
The-Informational Flyer shall contain, at a minimum, the following information:
1.
The contact information for the Local Contact Person.
2.
The operational standards pertaining to noise, parking, fire and life safety, guest conduct, occupancy limits, and refuse as established in SCC 4.08.100.
3.
The location of all fire extinguishers, trash and refuse locations, and the pre-approved and authorized vehicle parking spots.
4.
Phone number for local emergency ("911") and phone numbers for the nearest non-emergency police department and fire department.
5.
Name, phone number, and address for nearest hospital.
6.
The Short-Term Rental License Number.
7.
A statement informing guests that they may file a complaint regarding a Short-Term Rental violation by visiting https://311.saccounty.gov/ or calling 3-1-1.
8.
Any additional information the Director deems reasonable to adequately protect members of the public, mitigate or avoid violations of any state, local, or federal laws, regulations, or rules, or for other reasons legally and reasonably deemed necessary and shall be imposed in the same manner as the imposition of conditions pursuant to SCC 4.08.090.
(SCC 1756, 4/22/2025)
A.
It is a violation of a license for a property owner, Licensee, Tenant, management company, agent, or any person or entity with a financial interest in the subject property to violate this chapter, any terms or conditions on the license, or any local, state, or federal law, statute, rule, or regulation in connection with, or for the benefit of, the Short-Term Rental.
(SCC 1756, 4/22/2025)
A.
Any Short-Term Rental Business License issued pursuant to this chapter may be revoked during its term if the Director of Finance or County Planning Director finds, in writing, that one of the following grounds exists:
1.
Conditions applied to the License pursuant to SCC 4.08.090 have been violated;
2.
Operational Standards or Conditions pursuant to SCC 4.08.100 have been violated;
3.
SCC 4.08.120 has been violated;
4.
The Short-Term Rental Permit, required under the Sacramento Zoning Code, has been revoked, suspended, or is no longer active;
5.
The property owner or agent is delinquent on transient occupancy taxes or annual property taxes;
6.
The property is, or would be by continuing operation of the license, a threat to the public health, safety, or welfare;
7.
A notice of non-compliance, notice of violation, or other enforcement notice has been issued in connection with the property; or
8.
The short-term rental application contains a false or misleading statement or omission of a material fact.
B.
Method of Revocation. Based on findings as required by this section, the Director may issue a written notice of revocation; stating the-reasons therefore-as indicated in such findings. The notice, together with a copy of the provisions of this chapter, shall be served by the Director upon the holder of the License and upon the owner of the property, if different. The revocation shall become effective fifteen (15) days after the date of service unless the holder of the License files an appeal within the time and in accordance with the provisions of SCC 4.08.140. If such an appeal is filed, the revocation shall not become effective until the appeal is final as determined in SCC 4.08.140 or SCC 4.08.160.
C.
Reapply. Any Applicant who has their license revoked pursuant to this chapter shall be eligible to reapply within the earlier of twelve (12) months after the finality of the revocation or when such violation, if applicable, has been remedied and correction has been verified by the Director.
(SCC 1756, 4/22/2025)
A.
Grounds. The holder of a Short-Term Rental Business License or Applicant therefor may file an appeal from the following:
1.
The denial of an initial application or renewal application of the License pursuant to the provisions of SCC 4.08.060.
2.
The imposition of conditions pursuant to SCC 4.08.090.
a.
An appeal of conditions shall be filed with the Department of Finance not later than fifteen (15) days after the date of service by the Director of the notice of the imposition of conditions.
3.
The revocation of a License pursuant to SCC 4.08.130.
4.
A penalty imposed pursuant to SCC 4.08.170.
B.
Method of Appeal. Any such administrative appeal provided in subsection (A) of this section shall be in writing, shall state the specific reasons therefor and grounds asserted for relief, and shall be filed with the Department of Finance not later than fifteen (15) days after the date of service by the Director of the notices. If an administrative appeal is not filed within the time or in the manner prescribed above, the right to review of the action against which complaint is made shall be deemed to have been waived.
C.
Appeal Hearing Timing. Not later than thirty (30) days following the date of filing an appeal within the time and in the manner prescribed by this Section, a hearing shall be scheduled before a Hearing Authority for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of the hearing shall be served upon the appellant not later than fifteen (15) days preceding the date of the hearing.
D.
Hearing. During the hearing, the burden of proof shall rest with the County. The provisions of the California Administrative Procedure Act (commencing at Section 11500 of the Government Code) shall not be applicable to such hearings; nor shall formal rules of evidence in civil or criminal judicial proceedings be so applicable. The Hearing Authority shall have the power to issue subpoenas in order to require the production of documents and persons, or both, at the hearing when relevant to the issues on appeal at the request of the appellant or the County, as applicable. At the conclusion of the hearing; the Hearing Authority shall prepare a written decision, which either grants or denies the appeal, and contains findings of fact and conclusions of law. The-written decision, including a copy thereof, shall be filed with Department of Finance not later than fifteen (15) calendar days following the date on which the hearing is closed. The Tax and License Collector shall within five (5) calendar days of the filing of such decision serve the Applicant or Licensee with notice of the written decision including a copy of such decision.
E.
Standard. In a case of an appeal from the imposition of conditions authorized by Section 4.08.090, the County must demonstrate by substantial evidence the necessity of the conditions and, if the imposition of such conditions is upheld, the Hearing Authority shall provide in its decision findings including specific evidence within the record supporting the Hearing Authority's determination. All other appeals shall be held to a standard of preponderance of the evidence, unless otherwise written.
F.
Stay Pending Appeal. In the event the Licensee files an administrative appeal from the denial of an application, the imposition of conditions, or a revocation, the License shall continue in full force and effect until the administrative appeal is final as determined by SCC 4.08.150, as applicable, or upon settlement or dismissal of the administrative appeal, as applicable, or upon expiration of the License. This stay shall not apply to a revocation ordered pursuant to SCC 4.08.130(A)(6) which shall be applicable immediately.
(SCC 1756, 4/22/2025)
A.
The decision of the Hearing Authority of any appeal pursuant to SCC 4.08.140 shall become final upon the date of filing of the decision with the Director and service thereof on the Applicant or Licensee.
(SCC 1756, 4/22/2025)
No provision in this Chapter precludes a responsible party from entering into a settlement agreement with the Director at any time, including after a final Order has been issued by the hearing officer pursuant to SCC 4.08.140 and SCC 4.08.150. Such mutual settlement may include, but is not limited to, the length of time for a revocation, fines imposed, conditions on operations, or other reasonably related enforcement measures.
(SCC 1756, 4/22/2025)
A.
In addition to any other enforcement action, any person violating any provision of this chapter shall be guilty of a misdemeanor for each day such violation continues.
B.
Any violation of this chapter may be enforced by a civil action, cease and desist order, abatement, or other legal measure brought by the Director or authorized agent.
C.
Any person violating the provisions of this chapter shall also be liable for civil penalties of not less than two hundred fifty dollars ($250.00) or more than twenty-five thousand dollars ($25,000.00) for each violation, every day the violation continues.
1.
This penalty shall double for each and every subsequent violation of this Chapter that occurs within a twelve (12) month period.
D.
Violations of this chapter are hereby declared to be a public nuisance under Chapter 16.18 of the Sacramento County Code and are subject to abatement by the County.
E.
The holder of the license shall be liable for all costs incurred by the County for the enforcement of this Chapter, including but not limited to, attorney fees, staff cost, abatement cost, and court or hearing costs.
(SCC 1756, 4/22/2025)
A.
All notices issued pursuant to this Chapter shall be mailed in a sealed envelope, with postage paid, addressed to the person or entity to whom it is to be served, at the address listed on the License Application or at the mailing address as last given by the Licensee to the Department.
B.
Service is deemed complete at the time of mailing.
(SCC 1756, 4/22/2025)
A.
Short-Term Rental Licenses do not provide a vested interest or entitlement in any property. The continued operation of a short-term rental upon a change of property ownership is strictly prohibited.
B.
Short-Term Rental Licenses are revocable, nontransferable and shall not run with the land.
C.
A change of ownership created by the sale of the property on which the license is located shall automatically result in the termination of the license. It is the responsibility of the property owner who has sold their property to notify the Director upon change of ownership. Change of ownership occurs upon close of escrow.
(SCC 1756, 4/22/2025)
Nothing in this chapter shall prevent the appropriate authorities of the County of Sacramento from pursuing any civil, criminal, or administrative action deemed necessary or appropriate to gain compliance with the applicable provisions of this code. The provisions of this chapter are to be supplementary and complementary to all of the provisions of this code, state law, and federal law. Nothing herein shall be read, interpreted or construed in any manner so as to bar or limit the County from seeking any remedy to which it may otherwise be entitled.
(SCC 1756, 4/22/2025)
There shall be no civil liability on the part of, and no cause of action shall arise against, the Director or any County official or personnel for any actions taken pursuant to this code and within the scope of their authority. Further, in issuing licenses pursuant to this chapter, the County does not warrant, guarantee, or make any assurances regarding the condition of the short-term rental unit. Each guest assumes the risk(s) associated with their use and holds the County harmless from any claims, demands, causes of action, liability, loss, damage and/or injury to property or persons, including without limitations wrongful death, whether brought by an individual or other entity, or imposed by a court of law or by-administrative action of a federal, state, or local governmental body or agency, arising out of or incident to use of the short term rental unit.
(SCC 1756, 4/22/2025)
Nothing in this code shall be construed as imposing on the Director or the County any duty to issue a notice of violation and/or order to abate any violation of this chapter, or to take any other action with regard to any violation of this chapter. Neither the Director nor the County shall be held liable for failure to issue a notice of violation and/or order to abate any violation set forth in this chapter, or for failure to take any other action with regard to any violation of this chapter.
If any section, subsection, sentence, clause, word, or phrase of this chapter is held to be unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remainder of this chapter. The Board of Supervisors hereby declares that they would have passed the ordinance codified in this chapter, and each section, subsection, sentence, clause, word or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, words, or phrases may be declared invalid or unconstitutional.
(SCC 1756, 4/22/2025)