Chapter 12.55
HOTELS AND MOTELS
Sections:
Article I. Generally
Article II. Licenses
12.55.020 License for business required.
12.55.030 License applications.
12.55.070 License suspension or revocation.
Article III. Regulations
12.55.090 Regulations dependent on annual calls for service per room.
Article I. Generally
12.55.010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020.
“Annual calls for service per room” means the number of calls for service regarding a hotel or motel for the most recent January 1st to December 31st period, divided by the total number of rooms available for rent in the hotel or motel.
“Call for service” means any police response to a criminal incident occurring in or on the premises of a hotel or motel that is dispatched through the 911 call service center.
“Hotel” or “motel” means a single building or group of buildings operated by a for profit business containing individual sleeping units intended for transient occupancy.
“Police officer” means any authorized agent of the Federal Way police department or other law enforcement authorized to enforce the law within the city.
(Ord. No. 22-927, § 2, 1-4-22.)
Article II. Licenses
12.55.020 License for business required.
It is unlawful to operate a hotel or motel unless such establishment or premises is licensed as hereinafter provided.
(Ord. No. 22-927, § 2, 1-4-22.)
12.55.030 License applications.
(1) All applications for license or license renewal shall be made to the city finance department on a form prescribed by the finance director, and shall include the following information:
(a) The name, address, and contact telephone number of the license holder;
(b) The business name, address, and telephone number of the establishment to be licensed;
(c) The names, titles, addresses, and telephone numbers of those who will act as the principle point of contact with the city; and
(d) A declaration of the total number of rooms for rent available at the establishment.
(2) The city shall notify the applicant within 15 working days of submittal of a license or license renewal application if the application is deemed incomplete and shall specify what additional information is required.
(Ord. No. 22-927, § 2, 1-4-22.)
12.55.040 License fee.
(1) The license fee for hotels and motels, as required in this chapter, is $500.00 per year. Such fee shall be in addition to general business license fees where applicable.
(2) The entire annual license fee shall be paid for the applicable 12-month period regardless of when the application for license is made, and shall not be prorated for any part of the period except that if the original application for license is made subsequent to December 31st, the license fee for the remainder of that 12-month period shall be one-half of the annual license fee.
(Ord. No. 22-927, § 2, 1-4-22.)
12.55.050 License expiration.
(1) All licenses issued or renewed under the provisions of this chapter shall expire on the thirtieth day of June of each year, unless previously revoked pursuant to FWRC 12.55.070.
(2) Due date. All license fees required by this chapter for either an original license or renewal are payable to the city at least two weeks prior to the opening of the hotel or motel.
(3) Failure to renew. Failure to renew shall result in expiration of the license and all privileges granted to the licensee.
(Ord. No. 22-927, § 2, 1-4-22.)
12.55.060 License renewal.
(1) For a hotel or motel business to continue operation beyond the expiration of its existing license, an application for renewal must be submitted to the city prior to the expiration of the existing license.
(2) Any hotel or motel that is subject to the standards of FWRC 12.55.100 and/or 12.55.110 must comply with such standards, as verified by the Federal Way police department, as a condition of license renewal under FWRC 12.55.060.
(3) A late penalty shall be charged on all applications for renewal of a license received later than seven calendar days after the expiration date. A late penalty shall be charged on all applications that fail to rectify application deficiencies identified by the city pursuant to FWRC 12.55.030(2) within seven calendar days of said notice.
The amount of such penalty is fixed as follows:
|
Days Past Due |
Late Fee |
|
8 – 30 |
$50 |
|
31 – 60 |
$100 |
|
61 and over |
$200 |
(Ord. No. 22-927, § 2, 1-4-22.)
12.55.070 License suspension or revocation.
(1) If the police chief finds that any licensee has violated or failed to comply with any of the provisions of this chapter, they shall make a detailed written record of such finding and inform the finance director. Upon the recommendation of the police chief, the finance director may revoke, suspend, or refuse to issue or renew the hotel or motel license for a period of not more than one year. Such decision shall be made in consultation with the police chief and shall be based on the severity of the violation(s).
(2) The licensee shall be notified in writing of the grounds for revocation, suspension, or refusal to issue or renew the hotel or motel license in writing. The revocation, suspension, or refusal to issue or renew the hotel or motel license shall be effective 10 days after notification to licensee unless appealed as provided in this chapter.
(Ord. No. 22-927, § 2, 1-4-22.)
12.55.080 Appeal.
(1) Generally. Any licensee may appeal the decision of the finance director to revoke, suspend, or refuse to issue or renew the licensee’s hotel or motel license by filing a written notice of appeal specifying the issues being appealed with the city clerk within 10 days of the date of service of the notice of revocation, suspension, or refusal to issue or renew the hotel or motel license.
(2) Schedule. Within 10 days of the city clerk’s receipt of the appeal, the hearing examiner shall set a public hearing for a date within 30 days of the city clerk’s receipt of the appeal.
(3) Notice. Written notice of the time and place of the hearing shall be served on the appellant by certified mail no later than seven days prior to the date set for the hearing.
(4) Participation. The city and the appellant may participate as parties in the hearing and each may call witnesses. Any person may participate in the public hearing in either or both of the following ways:
(a) By submitting written comments to the hearing examiner, either by delivering these comments to the clerk prior to the hearing or by presenting the written comments to the hearing examiner at the hearing.
(b) By appearing in person, or through a representative, at the hearing and making oral comments directly to the hearing. The hearing examiner may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing.
(5) Conduct of hearing. The hearing examiner shall conduct the hearing on the appeal pursuant to the rules of procedure of the hearing examiner. The hearing is limited to the issues raised in the notice of appeal. The appellant shall have the burden of proof by a preponderance of the evidence. The hearing examiner shall make a complete electronic sound recording of the public hearing.
(6) Stay. The suspension or revocation of a hotel or motel license shall be stayed during the pendency of the appeal, but a refusal to issue or renew the hotel or motel license is effective until ordered otherwise.
(7) Decision. After considering all of the information and comments submitted on the matter, the hearing examiner shall issue a written decision, including findings of fact, conclusions, and order, affirming, reversing, or modifying the action being appealed based on the hearing examiner’s findings and conclusions. Unless a longer period is agreed to by the applicant, the hearing examiner shall issue the decision within 10 working days after the close of the public hearing. Notice of the decision shall be mailed to all parties. The decision of the hearing examiner is final. Failure to comply with the decision of the hearing examiner shall constitute a misdemeanor.
(Ord. No. 22-927, § 2, 1-4-22.)
Article III. Regulations
12.55.090 Regulations dependent on annual calls for service per room.
(1) Notification. The Federal Way police department shall notify each hotel or motel licensed under this chapter of the annual calls for service per room attributable to the hotel or motel for the immediately preceding January 1st to December 31st period by no later than January 31st of each calendar year, and the corresponding standards applicable to the hotel or motel.
(2) Standards applicable. Hotels and motels with annual calls for service per room of less than or equal to 0.50 are not subject to regulation under the standards in FWRC 12.55.100 or 12.55.110. Hotels and motels with annual calls for service per room of greater than 0.50 must comply with the standards in FWRC 12.55.100. Hotels and motels with annual calls for service per room of greater than 2.00 must comply with the standards in FWRC 12.55.100 and 12.55.110.
(Ord. No. 22-927, § 2, 1-4-22.)
12.55.100 Required standards for hotels and motels with annual calls for service per room of greater than 0.50.
Hotels and motels with annual calls for service per room of greater than 0.50 must meet the following standards:
(1) Have a representative available on the premises at all times.
(2) Install and operate a surveillance camera with recorder in the lobby for 24 hours per day, seven days per week.
(3) Adopt policies to ensure all guests check in and register, and require that only checked-in and registered guests may stay or visit in any room.
(4) Post signs stating: “No Trespassing/Violators will be Prosecuted.”
(5) Post signs stating: “Unauthorized Vehicles will be Impounded.”
(6) Report all crimes to the Federal Way police department.
(7) Undergo a Federal Way police department crime prevention assessment of the hotel and motel.
(Ord. No. 22-927, § 2, 1-4-22.)
12.55.110 Required standards for hotels and motels with annual calls for service per room of greater than 2.00.
Hotels and motels with annual calls for service per room of greater than 2.00 must meet all the standards identified in FWRC 12.55.100, as well as the following standards:
(1) Provide 24-hour front desk personnel.
(2) Require credit card payments for all transactions.
(3) Perform criminal background checks on all employees.
(4) Install and operate surveillance cameras with recorders in all parking lots and common areas for 24 hours per day, seven days per week.
(5) Install lighting in all common areas providing a minimum of one and one-half foot-candles at ground level.
(6) Maintain a daily key log. For each key that is found to be missing, the corresponding lock must be rekeyed prior to the room being rented.
(7) Hold semi-annual employee training sessions on reducing crime, assisted by the Federal Way police department.
(8) Issue parking passes to all vehicles allowed to park on the premises, with each pass marked with date of issuance and expiration.
(9) Follow Crime Prevention Through Environmental Design (CPTED) standards for landscaping and plant maintenance.
(10) Prohibit rental of rooms for less than a six-hour period.
(11) Submit to scheduled semi-annual audits by the Federal Way police department to verify compliance with the above-referenced requirements, and to receive additional feedback and recommendations regarding reducing criminal activity on the premises.
(Ord. No. 22-927, § 2, 1-4-22.)