[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.
