Chapter 5.100
OVERNIGHT LODGING
Sections:
5.100.020 Repealed.
5.100.040 Overnight lodging license fee.
5.100.050 Owner of building to be indicated.
5.100.060 Notification of change in classification.
5.100.070 Notification of sale.
5.100.080 Doors to be kept unlocked.
5.100.100 Prohibited persons and acts.
5.100.105 General requirements for all licenses.
5.100.110 Grounds for denial, suspension or revocation of license.
5.100.120 Suspension or revocation of licenses—Notice—Hearing examiner—Appeal.
5.100.010 Definitions.
Unless otherwise provided or unless the context clearly requires a different meaning, for purposes of this chapter the following terms shall have the meaning given to them herein:
A. “Overnight lodging facility” means any facility such as a hotel, motel, condominium, resort, or any other facility or place offering three or more lodging units to travelers and transient guests for a period of less than thirty days.
B. “Lodging unit” means one self-contained unit designated by number, letter or some other method of identification.
C. “Person” means individual, firm, partnership, corporation, company, association or joint stock association, and the legal successor thereof.
D. A person knows or acts knowingly or with knowledge when he or she is aware of a fact, circumstance or result which is described by law as being a violation, whether or not the person is aware that the fact, circumstance or result is a violation. If a person has information which would lead a reasonable person in the same situation to believe that facts exist which are described by law as being a violation, it is permitted but not required to find that he or she acted with knowledge. (Ord. 2835-05 § 2, 2005: Ord. 295-74 Ch. 25 § 1, 1974)
5.100.020 Apartment or tenement house defined.
Repealed by Ord. 2835-05. (Ord. 295-74 Ch. 25 § 2, 1974)
5.100.030 License required.
A. It is unlawful for any person to keep, conduct, maintain, manage or operate or cause to be conducted, managed, maintained or operated either as owner, lessee, manager or agent, or in any other capacity, an overnight lodging facility without first obtaining an overnight lodging license to do so from the city clerk of the city pursuant to the provisions of the license code.
B. All licenses issued pursuant to this chapter are nontransferable and valid for the calendar year in which issued unless otherwise revoked. (Ord. 2835-05 § 4, 2005: Ord. 295-74 Ch. 24 § 3, 1974)
5.100.040 Overnight lodging license fee.
The license fee for keeping, conducting, maintaining or operating any overnight lodging facility in the city shall be one hundred dollars per year. (Ord. 2835-05 § 5, 2005: Ord. 295-74 Ch. 24 § 4, 1974)
5.100.050 Owner of building to be indicated.
Any person owning any real property within the corporate limits of the city upon which is erected any building used in whole or in part as a hotel, apartment house, rooming house, lodging house, or tenement house, shall place and maintain at the front of every such building at the principal street entrance thereof a conspicuous plate or sign of metal or wood bearing the name and address of the owner or owners of such building. The letters or characters on such sign or plate shall be in English and of such size and distinctness and the sign or plate be so placed that the name and address can be easily read by persons passing along the street before such entrance. (Ord. 295-74 Ch. 24 § 5, 1974)
5.100.060 Notification of change in classification.
It is unlawful for any person, firm or corporation keeping, conducting, maintaining, managing, operating or causing to be operated, kept, conducted, maintained or managed, any hotel, rooming, lodging, apartment, or tenement house to arbitrarily change the classification of said hotel, rooming house, lodging house, apartment or tenement house, from one of the said classes to another without first having notified in writing the city clerk of his intention so to do and satisfactory proof presented as to the changes, either in building or occupancy which would warrant such changes in classification as defined in this chapter. (Ord. 295-74 Ch. 24 § 6, 1974)
5.100.070 Notification of sale.
It is unlawful for any person, firm or corporation keeping, conducting, managing, maintaining or operating or causing to be kept, conducted, managed, maintained or operated any hotel, rooming house, lodging house, apartment house, or tenement house to transfer, re-lease or sell such interest in any hotel, lodging, tenement, club or apartment house to another person, firm or corporation, without first notifying in writing the city clerk of the city of such change. (Ord. 295-74 Ch. 24 § 7, 1974)
5.100.080 Doors to be kept unlocked.
It is unlawful for the doors of any hotel, lodging house, rooming house, tenement house or apartment house opening upon the street as well as the doors to the lobby, public hall or passage way, to be locked, bolted or fastened in such a way as to prevent immediate entrance or exit at all times. (Ord. 295-74 Ch. 24 § 8, 1974)
5.100.090 Record of guests.
Every person to whom an overnight lodging license shall have been issued under the provisions of this chapter shall at all times keep a record of the arrival and departure of its guests in such a manner that the record will be maintained for at least one year from the date of departure. The record shall include the name, address and phone number of registered guests with corresponding room number for each lodging unit rented, or in the case of corporate, tour or other group bookings, the name, address and phone number of the person responsible for such booking and a rooming list of occupants and their assigned room numbers. Where there is reasonable suspicion of criminal conduct, or as otherwise allowed by law, the record shall be opened to the inspection of law enforcement personnel. (Ord. 2835-05 § 6, 2005: Ord. 295-74 Ch. 24 § 9, 1974)
5.100.100 Prohibited persons and acts.
A. No person who conducts, operates or manages any overnight lodging facility shall knowingly permit the same to be used for illegal purposes.
B. No person who conducts, operates or manages any overnight lodging facility shall knowingly permit use of the premises by any person known to be in violation of an existing court order by being present on the premises for which license under this chapter has been granted. (Ord. 2835-05 § 7, 2005: Ord. 295-74 Ch. 24 § 10, 1974)
5.100.105 General requirements for all licenses.
A. The general requirements relating to all licenses in this chapter are as follows:
1. No person shall make any material false statement in the application or omit material information required on the application;
2. No license shall enable any person to engage in any dishonest, unlawful or unfair act, practice or enterprise;
3. The applicant must comply with the requirements of the ordinances relating to zoning, building, fire hazards, health and sanitation.
B. Failure to comply with the aforesaid general requirements shall be grounds for denial, suspension or revocations of any license issued pursuant to this chapter.
C. The aforesaid general requirements shall apply only to businesses and activities licensed under this chapter and shall not apply to the general “business license” and “business and occupation taxes” assessed under Chapter 3.24 of the Everett Municipal Code. (Ord. 2835-05 § 8, 2005)
5.100.110 Grounds for denial, suspension or revocation of license.
A. Failure to materially comply with the following requirements may be grounds for denial of any application for a license under this chapter:
1. Applicant must meet the general requirements for all licenses as set forth in this chapter;
2. Applicant must not have had a license issued under this chapter suspended multiple times within one year or revoked within five years of the date of application;
3. Applicant must not have been convicted of any felony or misdemeanor which directly relates to the specific occupation, trade, vocation, or business for which the license is being sought and the time elapsed since the conviction is less than ten years.
B. The city clerk shall have the right to suspend or revoke any license issued under this chapter at any time on the following grounds:
1. That the license was procured by fraud or false representation of facts;
2. That the licensee or any of his or her servants, agents or employees while acting within the scope of their employment has violated or failed to comply with any of the provisions of the “license code”;
3. That licensee or any of his or her servants, agents or employees has been convicted of either a felony or misdemeanor and the crime for which he or she was convicted directly relates to the position of employment or to the specific occupation, trade, vocation, or business for which the license was issued and the time elapsed since the conviction is less than ten years;
4. The licensee, after being notified that one of his or her servants, agents or employees has been convicted of any criminal offense referenced under subsection (A)(3) of this section, continues to employ the person with the conviction; or
5. The licensee has materially falsified any record, document or information required to be kept or submitted to the city by this chapter. (Ord. 2835-05 § 9, 2005: Ord. 295-74 Ch. 24 § 11, 1974)
5.100.120 Suspension or revocation of licenses—Notice—Hearing examiner—Appeal.
A. Prior to suspending or revoking any license issued under this chapter, the city clerk will send a notice of proposed license suspension or revocation (“notice”) to the licensee. The notice shall be given by delivering a copy to the licensee or by mailing a copy thereof to the licensee at his last address as shown by the city clerk’s license records, which notice shall be delivered or mailed at least fifteen days before the date fixed for the hearing before the city’s violations hearing examiner (“hearing examiner”), as set forth herein. It is the licensee’s duty to keep the address information on the application current. The notice will include the following:
1. Specific grounds upon which the city clerk intends to suspend or revoke the license;
2. The date upon which the license will be suspended or revoked;
3. A hearing date, prior to the suspension or revocation date, for the matter to be heard before the hearing examiner;
4. A statement that, in the event the licensee fails to attend the hearing, the city clerk will automatically suspend or revoke the license;
5. A statement that if, following the hearing, the hearing examiner recommends suspension or revocation of the license, the licensee has the right to appeal to the city council as set forth in this section;
6. A statement that suspension of the license will be for a specific period of time, while revocation of a license means that the license has been cancelled;
7. A statement that if the license is suspended or revoked, continued operation of the business is a criminal offense; and
8. A statement that multiple suspensions within one year or a revocation of the license within the preceding five years of application may result in denial of future applications for a license under this chapter.
B. The hearing examiner shall, within fifteen days after the conclusion of the hearing, issue written findings and a recommendation to the city clerk regarding suspension or revocation of the license. Such findings and recommendation of the hearing examiner shall be final and conclusive as of the date set forth in the decision. Hearing examiner shall take into account abatement attempts by licensee.
C. Appeal to City Council. Within fifteen days after the hearing examiner’s written findings and recommendation, the licensee may file an appeal with the city council. Said appeal shall be in writing and addressed to the city council, “ATTENTION: City Clerk.” Upon receipt of a duly filed appeal, the city clerk will schedule a hearing before the city council. Notice of the appeal hearing shall be given by delivering a copy of the notice to the licensee or by mailing a copy thereof to the licensee at his last address as shown by the city clerk’s license records, which notice shall be mailed or delivered at least fifteen days before the date fixed for the hearing. It is the licensee’s duty to keep the address information on the application current. The appeal before the city council will be de novo. The city council shall, within thirty days after the conclusion of the appeal hearing, issue a written decision as to the suspension or revocation of such license or its retention. Such decision of the city council shall be final; if the city council decides that the license shall be suspended or revoked, the suspension or revocation shall be effective as of the date of city council’s decision unless otherwise ordered by a court of competent jurisdiction. Appeal of the city council’s decision to a court of competent jurisdiction must be instituted within fifteen days of final action of the city council.
D. Surrender of License. It is unlawful for any person whose license has been suspended or revoked to keep the license issued to him in his possession or under his control, and the same shall immediately be surrendered to the city clerk. When revoked, the license shall be cancelled, and when suspended the city clerk shall retain the same during the period of suspension. (Ord. 2835-05 § 10, 2005)