Chapter 5.60
OVERNIGHT LODGINGS
Sections
5.60.030 General license requirements.
5.60.040 City of Des Moines business license endorsement requirement.
5.60.050 Annual calls for police service less than or equal to 0.25 calls per unit.
5.60.070 Annual calls for police service greater than 1.00 calls per unit.
5.60.080 Revocation of business license.
5.60.085 Subsequent applications for business licenses and endorsements – Conditions of approval.
5.60.100 Violations, enforcement and penalties.
5.60.010 Findings.
The recitals set forth in the ordinance codified in this chapter are by this reference incorporated herein as the city council’s findings. [Ord. 1320 § 1, 2003.]
5.60.020 Definitions.
(1) Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
(2) “Hotel” means a building, and the associated parking and landscaping, in which there are six or more guest units where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual unit or suite, and in which building may be included one apartment for use of the resident manager, but shall not include jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes, and similar buildings where human beings are housed or detained under legal restraint.
(3) “Motel” means a group of attached or detached buildings containing individual sleeping units, and the associated parking and landscaping, where a majority of such units open individually and directly to the outside, and where a garage is attached to or a parking space is conveniently located to each unit, all for the temporary use by automobile tourists or transients, and the word shall include tourist courts, motor courts, automobile courts, automobile camps, and motor lodges.
(4) “Call for service” means:
(a) Any report to the Des Moines police department from or concerning a hotel or motel in connection with an incident occurring at that hotel or motel; or
(b) Any on-view incident observed by police concerning a hotel or motel, which report or on-view incident is responded to by a police officer.
(5) “Police” means any authorized agent of the Des Moines police department or other law enforcement agency having jurisdiction.
(6) “Police department” means the police department of the city of Des Moines. [Ord. 1320 § 2, 2003.]
5.60.030 General license requirements.
(1) It is unlawful for any person, firm, or corporation to operate a hotel or motel in the city of Des Moines without a license issued pursuant to chapter 70.62 RCW.
(2) It is unlawful for any person, firm, or corporation to operate a hotel or motel in the city of Des Moines without a business license issued pursuant to chapter 5.04 DMMC. [Ord. 1320 § 3, 2003.]
5.60.040 City of Des Moines business license endorsement requirement.
(1) It is unlawful for any person, firm, or corporation to operate a hotel or motel in the city of Des Moines without an additional business license endorsement issued pursuant to this chapter.
(2) All hotels and motels may be issued a business license endorsement under the provisions of this chapter. Based upon an individual hotel’s or motel’s annual calls for service per unit, however, a hotel or motel must comply with additional requirements designed to deter crime in order to obtain or maintain its business license endorsement. The calls for service and crime statistics for each hotel and motel will be compiled for a 12-month period ending June 30th of each calendar year.
(3) Each hotel or motel licensee will be notified of its annual number of calls for service per unit no later than July 31st of each calendar year. The time between July and December will allow hotels and motels time to comply with all the requirements of their group level necessary to receive a business license endorsement at year’s end for the next calendar year. Any additional requirements placed on a hotel or motel under this chapter must be met or substantially in progress, as determined and verified by the Des Moines police department business license endorsement, before the next calendar year’s business license endorsement will be issued. The police department business license endorsement required herein shall be made upon a form prepared by the police department upon application by the licensee. The business license endorsement form must be presented to the city clerk by every hotel or motel licensee, as a condition of eligibility for the general business license required by chapter 5.04 DMMC. [Ord. 1320 § 4, 2003.]
5.60.050 Annual calls for police service less than or equal to 0.25 calls per unit.
Hotels or motels whose annual calls for service are less than or equal to 0.25 calls per unit are required to meet the following additional conditions, designed to deter crime, to obtain a business license endorsement to operate in the city of Des Moines:
(1) Every hotel and motel operator, and the clerk at time of guest registration, must obtain and record the full names; full dates of birth including day, month, and year; and the current addresses, of all unit occupants; and the make, model, and license number of the vehicles being used by every unit occupant. Names and addresses of all unit occupants over the age of 16 must be verified by obtaining a copy of a valid driver’s license, passport, or other form of government approved picture identification. The records required by this section shall be kept available for a period of not less than one year for inspection by any police or code enforcement officer at any reasonable time, or in a police or fire emergency at any time of day or night.
(2) At the request of an establishment, the Des Moines police department will provide the hotel or motel with inspection services and advice concerning crime prevention through environmental design standards.
(3) At the request of the hotel or motel, the Des Moines police department will provide training for the hotel or motel staff, in cooperation with management, regarding the recognition of criminal behavior.
(4) At the request of the hotel or motel, the Des Moines police department will keep the hotel or motel management apprised of police activity that occurs on the property. [Ord. 1320 § 5, 2003.]
5.60.060 Annual calls for police service greater than 0.25 calls per unit but less than or equal to 1.00 calls per unit.
Hotels or motels whose annual calls for service are greater than 0.25 calls per unit but less than or equal to 1.00 calls per unit are required to meet the following additional conditions, designed to deter crime, to obtain a business license endorsement to operate in the city of Des Moines:
(1) Conform to the requirements set forth in DMMC 5.60.050.
(2) Have a representative available on the premises at all times.
(3) Install and operate a surveillance camera (with recorder) in the lobby for 24 hours per day, seven days per week.
(4) Undergo a Des Moines police department crime prevention assessment of their property to be conducted by the Des Moines police crime prevention unit using standards from the crime prevention through environmental design (CPTED) program. [Ord. 1320 § 6, 2003.]
5.60.070 Annual calls for police service greater than 1.00 calls per unit.
Hotels or motels whose annual calls for service are greater than 1.00 calls per unit are required to meet the following additional conditions, designed to deter crime, to obtain a business license endorsement to operate in the city of Des Moines:
(1) Conform to the requirements set forth in DMMC 5.60.050 and 5.60.060.
(2) Provide the Des Moines police department with the names and dates of birth of all owners, managers, and employees to allow for background checks.
(3) Hold semi-annual employee training sessions, assisted by the Des Moines police department.
(4) Provide 24-hour front desk personnel.
(5) Enforce the following guest rules:
(a) Units cannot be rented for less than a six-hour period.
(b) No unit may be used for drunkenness, fighting, or breaches of the peace. No unit may be used if loud noises come from that unit. Loud noises are those noises that disturb the tranquility of the neighborhood or those noises that would be disturbing to a reasonable person.
(c) Alcohol may not be consumed in common areas except for designated banquet or reception rooms or areas.
(6) Maintain a daily key log. Each key that is found to be missing must have its corresponding lock re-keyed prior to the unit being rented. Each master key that is found to be missing will require the establishment to re-key all corresponding locks.
(7) Issue parking passes to all vehicles to be allowed to park on the premises with each pass marked with the issue date and expiration date.
(8) Require all guests who stay more than 30 days to fill out an application for tenancy in a form provided by the Des Moines police department.
(9) Participate in the Des Moines police department “criminal trespass program.” Participation shall mean the facility shall be registered in the “criminal trespass program.”
(10) Remove all graffiti and repair all vandalism within seven days of occurrence.
(11) Permit an annual inspection by the city of Des Moines building official to ensure that guestrooms are maintained according to Uniform Health Code and Uniform Fire Code, including tamper-resistant smoke detectors meeting National Fire Protection Agency (NFPA) standards.
(12) Follow crime prevention through environmental design (CPTED) standards for landscaping/plant maintenance. These standards will be provided by the Des Moines police department.
(13) Install lighting in all common areas with minimum maintained lighting of 1.5 foot-candles at ground level.
(14) Install and operate video monitoring equipment in all parking lots, monitored and recorded at the front desk 24 hours per day, seven days per week.
(15) Have a licensed, armed and uniformed security guard on the premises every day from 6:00 p.m. until 6:00 a.m.
(16) Submit to scheduled semi-annual audits by the city of Des Moines police department to verify compliance with the above-referenced requirements. [Ord. 1395 § 1, 2007: Ord. 1320 § 7, 2003.]
5.60.080 Revocation of business license.
If the chief of police finds that any hotel or motel has violated or failed to comply with any provisions of this chapter, the chief shall make a written record of such finding and shall specify therein the particulars, and will inform the Des Moines city manager. Upon recommendation of the chief of police, the city manager may revoke or deny renewal of the city of Des Moines business license endorsement for that hotel or motel. Revocation or denial of renewal of the hotel or motel business license endorsement under this chapter shall require revocation of the hotel’s or motel’s city of Des Moines general business license under DMMC 5.04.060, or denial of renewal of the hotel’s or motel’s city of Des Moines general business license under DMMC 5.04.070. The city manager will provide the hotel or motel with notice of the decision to revoke, or deny renewal of, the city of Des Moines business license as required under DMMC 5.04.060 and 5.04.070. [Ord. 1395 § 2, 2007: Ord. 1320 § 8, 2003.]
5.60.085 Subsequent applications for business licenses and endorsements – Conditions of approval.
(1) The conditions of approval of any subsequent application for a business license or endorsement to operate a hotel or motel on the same property following a period of revocation or denial of renewal of a hotel’s or motel’s business license shall be based upon the hotel or motel property’s history of annual calls for service prior to the revocation.
(2) No subsequent application for a business license or endorsement to operate a hotel or motel on the same property following a period of revocation or denial of renewal shall be approved unless the applicant presents a corrective action plan, to the reasonable satisfaction of the chief of police and the city manager, to assure that the conditions and causes of the prior revocation or denial of renewal have been or will be eliminated. Such corrective action plan must, at a minimum, include the following:
(a) All employees of the applicant shall be required to attend a four-hour crime prevention training class taught be law enforcement personnel; and
(b) The hotel or motel property must pass a full “Crime Prevention Through Environmental Design (CPTED)” inspection by law enforcement personnel demonstrating that the property meets minimum security requirements. [Ord. 1395 § 3, 2007.]
5.60.090 Appeals.
Upon notice of revocation or denial of renewal of a business license based upon the provisions of this chapter, the hotel or motel operator shall be entitled to appeal to the hearing examiner under DMMC 5.04.060 and 5.04.070, and the provisions of the hearing examiner code, chapter 18.94 DMMC. The applicant or license holder must appeal as required under DMMC 18.94.113, filing a notice of appeal within 10 days of the decision that is being challenged. [Ord. 1320 § 9, 2003.]
5.60.100 Violations, enforcement and penalties.
(1) Remedies Cumulative. The remedies provided for herein for failure to comply with this chapter shall be cumulative and in addition to any other remedy at law or equity.
(2) Continuing Annual Calls for Police Service Greater Than 1.00 Calls per Unit. It is a violation of this chapter, if, after imposition of all of the requirements of DMMC 5.60.070 for a period of one year, the annual calls for service to the hotel or motel continue to be greater than 1.00 per year.
(3) Civil Infraction. A violation of or failure to comply with this chapter is a Class 1 civil infraction and the city may enforce this chapter and seek fines and penalties in accordance with the provisions of chapter 1.24 DMMC.
(4) Separate Offense. Each day upon which a violation of this chapter occurs constitutes a separate offense.
(5) Criminal Offense – Misdemeanor for Allowing or Permitting Nuisance. A violation of this chapter also constitutes a public nuisance and every person who allows or permits a hotel or motel to operate in violation of this chapter is guilty of a misdemeanor.
(6) Nuisance Abatement – Enforcement by Civil Action. The city manager may also seek legal or equitable relief to enjoin any acts or practices and abate any condition which may constitute a nuisance or a violation of this chapter. [Ord. 1395 § 4, 2007: Ord. 1320 § 10, 2003.]