[HISTORY: Adopted by the City Commission of the City of Royal Oak 12-18-1995 by Ord. No. 95-15. Amendments noted where applicable.]
[Amended 2-12-2001 by Ord. No. 2001-2]
This chapter shall be known and may be cited as the "Hotel, Motel, Bed-and-Breakfast, Rooming House, Boardinghouse and Tourist Home License and Regulation Ordinance."
For the purposes of this chapter, the following terms shall be deemed to have the meanings hereafter set forth:
The room or other space provided to transient guests for lodging or sleeping, including furnishings and other accessories therein. Accommodations do not include food or beverage.
A use which is subordinate to the principal use of a dwelling unit as a single-family dwelling unit and a use in which transient guests are provided a sleeping room and board in return for payment.
[Added 2-12-2001 by Ord. No. 2001-2]
A building or group of buildings containing units (a bedroom, closet and a bathroom) or rooms, which provide for accommodations for transient persons for compensation for periods of 30 consecutive days or less, except as provided in § 394-13.
Any premises licensed pursuant to this chapter.
[Added 2-12-2001 by Ord. No. 2001-2]
Any building where, for compensation, and by prearrangement for definite periods, lodging or lodging and meals are provided for more than three persons.
[Added 2-12-2001 by Ord. No. 2001-2]
Any building in which there are less than 10 rooms or rental units, other than rooms which are occupied by the family of the owner or lessee, which provides accommodations for transient persons for compensation for periods of 30 consecutive days or less, except as provided in § 394-13.
A person lodging for compensation in any hotel, motel or tourist home for a period of 30 consecutive days or less.
[Amended 5-20-1996 by Ord. No. 96-11; 2-12-2001 by Ord. No. 2001-2; 9-9-2002 by Ord. No. 2002-03; 11-11-2013 by Ord. No. 2013-21]
No person or other business entity of any sort shall operate a hotel, motel, bed-and-breakfast, rooming house, boardinghouse and/or tourist home within the City of Royal Oak without first having obtained a license for that purpose. A license shall expire on December 31 following the date of issuance, unless sooner suspended or revoked. The City may impose reasonable conditions upon the issuance of any license, including but not limited to those minimum conditions referenced within this chapter or any other applicable ordinance of the City of Royal Oak.
[Added 10-16-2000 by Ord. No. 2000-24; amended 11-11-2013 by Ord. No. 2013-21]
Applicants for a license and all licensees shall comply with all applicable state and City regulations and this general policy, and shall submit a comprehensive, written plan of operation which must be approved. A licensee shall operate the premises consistent with any representations made to the City Commission in obtaining the license. Failure of such compliance or variance from the plan presented may result in the refusal by the City Commission to renew a license or in revocation of the license. All plans of operation or changes thereto shall be subject to the approval of the City Commission.
[Amended 9-9-2002 by Ord. No. 2002-03]
The City Commission may undertake a review of any license at any time to determine whether the license should be renewed, suspended or revoked.
[Amended 2-12-2001 by Ord. No. 2001-2]
Every applicant for a license to operate a licensed establishment shall file an application with the City Clerk's office upon a form provided by the City of Royal Oak and pay a nonrefundable application fee. Such fee shall be set by resolution of the City Commission and may be amended from time to time. The application shall contain the following information:
A.
The name, residence address and telephone number of each applicant.
(1)
If the applicant is a corporation, the name, residence address and telephone number of each of the officers and directors of said corporation and of each stockholder owning more than 10% of the stock of the corporation if that individual is or will be involved in the management and/or operation of the licensed establishment, the address of the corporation itself, and the name and address of a resident agent in Oakland County, Michigan. The applicant shall also provide documentation that the corporation is in good standing in the state of incorporation.
(2)
If the applicant is a partnership, the name of the partnership, and the name, residence address and telephone number of each of the partners having 10% of an ownership interest if that individual is or will be involved in the management and/or operation of the licensed establishment, and the name, address and telephone number of a resident agent in Oakland County, Michigan.
(3)
If the applicant owns stock or has a financial interest in any other licensed establishment, the name, address and telephone number of the corporation, and the name, address and telephone number of each licensed establishment.
B.
The history of an applicant in the operation of a licensed establishment, or similar business or occupation, including, but not limited to, whether or not such person has previously operated in the City or another municipality or state under license, has had such license revoked or suspended, and the reason therefor.
C.
Applicant's social security number, driver's license number, if any, and date of birth.
D.
Business, occupation, or employment of the applicant for the three years immediately preceding the date of application, including the name, address and telephone number of any and all employers.
E.
All criminal convictions in the preceding 10 years, other than traffic violations, including the dates of convictions, nature of the crime, and place convicted.
F.
Authorization for the City of Royal Oak, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application. The application shall give such additional information and identification necessary to discover the truth of the matters required to be set forth in the application or renewal, including all tax records, business records, profit/loss statements and any other financial information regarding the operation of the licensed premises.
[Amended 9-9-2002 by Ord. No. 2002-03]
G.
A statement concerning the proposed rates to be charged by the establishment.
H.
The application shall be signed and sworn to by the applicant.
I.
The successful applicant shall coordinate and schedule, in conjunction with the Fire Chief and the Chief Building Inspector, or their designee(s), timely inspections of the licensed premises not less than annually and shall acquiesce, in writing, to such other inspection(s) as may be deemed appropriate in the sole discretion of the Fire Chief and the Chief Building Inspector, or their designee(s).
[Added 9-9-2002 by Ord. No. 2002-03]
Upon receipt of such application, the City Clerk shall refer same as follows:
A.
To the Chief of Police or his or her designated representative, who shall investigate and determine whether the person making application for such license is of suitable character to conduct or maintain such a business in the City of Royal Oak. The Chief of Police or his or her designated representative shall forward to the City Clerk the results of such investigation along with a recommendation concerning whether or not the license should be granted.
(1)
The phrase "of suitable character" as used in this chapter for the purpose of licensing shall be construed to mean the propensity on the part of the person to serve the public in the licensed area in a fair, lawful, honest and open manner.
(2)
In making his or her determination, the Chief of Police shall consider:
(a)
Penal history. All of the applicant's convictions in the preceding 10 years, other than traffic violations, the reasons therefor and the demeanor of the applicant subsequent to his or her release.
(b)
License and permit history. The license and permit history of the applicant; whether such applicant, in previously operating in this City or state or in another municipality or state under a license or permit, has had such license or permit revoked or suspended, the reasons therefor, and the demeanor of the applicant subsequent to such action.
(c)
Other information. The Chief of Police may consider any other information and documentation, which the Chief considers relevant to make a determination as to whether the applicant is of suitable character, which information may include, upon request, all tax records, business records, profit/loss statements and any other financial information regarding the operation of the licensed premises.
[Amended 9-9-2002 by Ord. No. 2002-03]
(3)
The Chief of Police or his or her designated representative shall complete his or her investigation and determination within 30 days of being provided with the application.
(4)
If an applicant is found to be unqualified for a license because of lack of suitable character, or similar criteria, the applicant shall be furnished by the City Clerk with a statement containing information as to the basis for this determination.
B.
If the investigation by the Chief of Police or his or her designated representative does not evidence a lack of suitable character, the City Clerk shall refer the application to the Chief Building Inspector, Fire Chief, or their designated representatives, who shall cause a thorough inspection of the premises to be made to ensure that all pertinent provisions of state law and local ordinances are being complied with. The results of such inspections shall be returned to the City Clerk within 30 days of the date the application was referred.
A license requested under this chapter may be refused by the City Clerk or his or her designated representative, and any license issued under the provisions of this chapter may be suspended by the City Manager or his or her designated representative, and revoked or not renewed by the City Commission, for cause. The term "cause" as used in this chapter shall include the doing or omitting of any act, or permitting any condition to exist for which a license is issued, or upon any premises used in connection therewith, which act, omission or condition is contrary to the health, safety and welfare of the public, is unlawful, irregular or fraudulent in nature, is unauthorized or beyond the scope of the license issued, or is forbidden by this chapter or any applicable law. 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 chapter 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 brings into question whether the licensee is of suitable character to operate the business.
E.
Conducting the business in an unlawful manner or in such manner as to constitute a maintenance of a nuisance upon or in connection with the licensed premises. For purposes of this chapter, "nuisance" shall be given the normal and customary meaning, and shall include, but not be limited to, the following:
(1)
Existing violations of building, electrical, mechanical, plumbing, zoning, health, fire or other applicable regulatory codes.
(2)
A pattern or practice of patron conduct which is in violation of the law and/or interferes with the health, safety and welfare of the residential or commercial properties in the area.
(3)
Failure to maintain the grounds and exterior of the licensed premises, including litter, debris or refuse blowing or being deposited upon adjoining properties.
F.
Failure by the licensee to permit the inspection of the licensed premises by the City's agents or employees in connection with the enforcement of this chapter.
G.
Failure of the licensee to pay personal property taxes, other City obligations, and real property taxes by February 14 of each year arising from their 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 the lease requires such payment.
Each establishment licensed pursuant to this chapter shall be operated and maintained in accordance with all applicable laws and regulations of the City of Royal Oak and the State of Michigan. Upon any violation of this chapter pursuant to § 394-8, after notice and hearing, the City Commission may revoke such license.
A.
Before taking any action concerning nonrenewal, revocation or suspension of a license, the City Manager, or his or her designated representative, shall serve the licensee by first class mail, mailed at least 10 days prior to a hearing, with notice of hearing, which notice shall contain the following:
(1)
Date, time and place of hearing.
(2)
Notice of the proposed action.
(3)
Reasons for the proposed action.
(4)
Names of witnesses known at the time who will testify.
(5)
A statement that the licensee may be represented by legal counsel, present evidence, testimony and confront and cross-examine adverse witnesses.
(6)
A statement requiring the licensee to notify the Royal Oak City Attorney's office at least three days prior to the hearing date if he, she or it intends to contest the proposed action, and to provide the names of witnesses known at that time who will testify on his, her or its behalf.
B.
Upon completion of the hearing, the City Commission shall submit to the licensee a written statement of its findings and determination within 60 days.
[Amended 9-9-2002 by Ord. No. 2002-03]
C.
During the procedure for nonrenewal, revocation or suspension, the licensee will be permitted to continue to operate until such time as the findings and determination is served upon the licensee by mail or otherwise ordered by a court of competent jurisdiction.
[Amended 9-9-2002 by Ord. No. 2002-03]
Any person whose initial request for a license is refused shall have a right to a hearing before the City Commission, provided a written request therefor is filed with the City Manager within 10 days following such refusal. The City Commission shall have the right to affirm and sustain any refusal to issue a license, or the City Commission may grant any license.
The following rules, regulations and conditions shall be observed by each licensee under this chapter:
A.
All accommodations must afford easy and unobstructed access to a hall or passageway or to the outdoors.
B.
In every hotel, motel or tourist home hereafter erected, all accommodations shall be in compliance with the BOCA National Building Code, the BOCA National Property Maintenance Code and/or all applicable building codes in the City of Royal Oak.
C.
In a tourist home, there must be provided at least one toilet, washing facilities and shower or bathtub for each eight occupants or less. Hot and cold running water must be provided.
D.
The third or higher floor of any building shall not be used for lodging or sleeping purposes unless equipped with fire escape facilities as required by all applicable regulations and codes, and unless approved by the proper authorities designated in those regulations and codes.
E.
Rooms must be kept clean and free from dirt, vermin, garbage and rubbish.
F.
Clean sheets, pillow cases and towels must be provided before a transient guest may occupy a bed previously occupied by another person.
G.
The cooking of food in or upon the premises is prohibited, other than in a kitchenette facility in compliance with applicable codes and regulations, and approved by the proper authorities designated in those codes and regulations. The use of hotplates or similar equipment which can be utilized to heat or cook food is specifically prohibited. A notice to this effect shall be conspicuously posted in each accommodation.
H.
A register shall be provided and maintained on the premises near the main entrance and shall be submitted, upon demand, to any official or police officer of the City of Royal Oak. The register shall contain the following information subscribed in ink:
(1)
The correct name and address of every guest, renting or occupying a room, including but not limited to nonpaying minors and/or dependents. The guest shall furnish proof of identity by showing a valid driver's license or voter registration card or similar identification, and provide a date of birth.
(2)
Each guest with a motor vehicle on the site shall provide the make, year and model of the motor vehicle, as well as the license plate number.
(3)
The date and time of arrival and date of departure of every guest, and the number of days each guest has been at the establishment during the calendar year.
(4)
Where two persons occupy the same room and at least one of the persons is a minor, the relationship of said person shall be noted on the register.
I.
No licensee shall knowingly permit any accommodations and/or other location on the premises to be used for an unlawful purpose.
J.
All licensees shall permit free access by the Chief Building Inspector, Fire Marshal, Chief of Police, or their representatives at all reasonable times.
K.
No licensee shall permit or allow his agent, servant or employee to permit any minor under the age of 18 years of age to obtain accommodations in any establishment licensed under this chapter, unless the licensee, his agent, servant or employee forthwith notifies the Royal Oak Police Department, orally and in writing, of the presence of such minor.
L.
Accommodations shall not be made available for a period in hourly increments, nor shall any accommodation be made available more than one time during the eighteen-hour period of 12:00 noon to the following morning at 6:00 a.m. The right to occupy any accommodation shall not be assigned or transferred.
[Amended 11-18-2013 by Ord. No. 2013-22[1]]
[1]
Editor's Note: Section 8 of this ordinance provided that the ordinance shall take effect 1-1-2015, and on or before 7-1-2014 every licensee shall have a copy of the ordinance posted in a conspicuous location on the licensed premises.
M.
Occupancy of a room shall be limited to the number of beds in the room, but in no event shall occupancy exceed more than two persons for every one bed.
O.
Each room of every establishment shall receive daily housekeeping/cleaning and inspection.
[Added 10-16-2000 by Ord. No. 2000-24]
P.
Any accumulations of snow shall be removed from the licensed establishment in a timely manner, and such snow removed from parking lots and all other areas of the licensed establishment shall not be placed on adjacent public easements, sidewalks, or on or near a fire hydrant.
[Added 2-12-2001 by Ord. No. 2001-2]
Q.
Each occupied lodging room of every licensed establishment shall have a working telephone with direct access to 911 emergency services.
[Added 2-12-2001 by Ord. No. 2001-2; amended 9-12-2011 by Ord. No. 2011-12]
Accommodations in any establishment shall not be made available for more than 30 consecutive days, or for more than 60 days total in any consecutive one-hundred-eighty-day period, unless the establishment meets or exceeds all the requirements for Residential Group R-2 under the Michigan Building Code, as amended. If an accommodation is rented to or otherwise occupied by any person for either of the maximum time periods allowed by this section, then such accommodation may not again be rented or occupied by that same person or any person that was a member of that person’s party.
[1]
Editor's Note: Section 8 of this ordinance provided that the ordinance shall take effect 1-1-2015, and on or before 7-1-2014 every licensee shall have a copy of the ordinance posted in a conspicuous location on the licensed premises.
It shall be a violation of this chapter for any person to inscribe in any hotel, motel or tourist home register or to give for the purpose of being inscribed in such register any false information. Knowing or having reasonable cause to be believe such information to be false, the licensee or his employee shall notify the Police Department of such fact, and failure to do so shall be grounds for revocation of the license.
It shall be unlawful for any transient guest to smoke while in bed, or for any licensee to permit smoking in bed. A notice to this effect shall be posted in each sleeping room.
Each licensee under this chapter shall cause the Fire Department of the City of Royal Oak to be immediately notified when a fire occurs within his establishment. Any person therein who discovers such a fire shall immediately notify the person in charge of the place of registration.
No license granted pursuant to this chapter may be assigned, transferred or otherwise utilized by any other person or entity other than the licensee.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $500 or be imprisoned for a period not exceeding 90 days, or be both so fined and imprisoned, in the discretion of the court.
