AGENDA ITEM #18
March 8, 2016
Public Hearing
MEMORANDUM
TO:
FROM:
SUBJECT:
County Council
Jeffry
L.
zyo~nior
Legislative Analyst
Public Hearing:
Bill 2-16, Transient Housing - Licensing and Registration
Bill 2-16, Transient Housing - Licensing and Registration, sponsored by Lead Sponsor
Councilmember Riemer and Co-Sponsor Councilmember Rice, was introduced on February 2,
2016. A Planning, Housing and Economic Development Committee worksession is tentatively
scheduled for April 11 at 2 p.m.
Bill 2-16 would revise Chapter 54 of the County Code. The revisions would update the
provisions for hotels, delete forms of transient housing no longer allowed by the Zoning Code
(Chapter 59), establish a less burdensome method of licensing for Bed and Breakfast
establishments and assign responsibilities for licensing between Executive departments.
This Bill anticipates the approval of ZTA 16-03 which will make a Bed and Breakfast a
limited use in most residential and mixed-use zones, however, the enactment of Bill 2-16 does not
require the approval ofZTA 16-03. The only transient housing allowed by the Zoning Ordinance
(Chapter 59 of the code) are hotels and bed and breakfast establishments. ZTA 16-03 would not
change that fact. Those establishments are addressed in Bill 2-16.
Currently, the licensing requirements for a Bed and Breakfast are currently the same as the
licensing requirements for a hotel. Even though the level ofrental activity at a hotel is significantly
higher than at a Bed and Breakfast, the County's regulatory burdens are currently identical. An
annual license is required for every establishment, with
annual
inspections. The Department of
Health and Human Services
has
not received any applications for any Bed and Breakfast under
current law. No licenses are outstanding.
As introduced, Bill 2-16 would simplify existing requirements for hotels in more precise,
concise and decisive text. Licenses for a Bed and Breakfast would be by self-certification but
subject to revocation based on substantiated complaints.
This packet contains:
Bill 2-16
Legislative Request Report
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Bill No. _ _ _
!::..-!,;~~_-:--
_ _
Concerning: Transient
Housing
Licensing and registration
Revised:
1/17/16
Draft No. =.2_ __
Introduced:
February 2,
2016
Expires:
August
2,2017
Enacted: _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective:
_~
_ _ _ _ _ __
Sunset Date: _N:...:,;o:":n"""e-:----:-_ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilmember Riemer
Co-Sponsor: Councilmember Rice
AN
ACT to:
(1)
(2)
(3)
defme a bed and breakfast and hotel establishment;
limit the transient housing allowed to a bed and breakfast and a hotel;
require only hotels to comply with most current licensing provisions for transient
housing;
revise the requirement for resident hotel management;
delete the requirement for annual hotel inspections;
add a requirement for hotel inspections upon complaint;
establish a licensing system for bed and breakfast establishments;
amend provisions
to
make them more precise, concise, and decisive; and
generally amend Chapter 54 ofthe County Code.
(4)
(5)
(6)
(7)
(8)
(9)
By amending
Montgomery County Code
Chapter 54, Transient Lodging Facilities
Sections 54-1,54-2,54-3,54-4,54-5,54-6,54-7,54-8,54-9, 54-10, 54-11, 54-12, 54-13, 54­
14,54-15,54-16,54-17,54-18,54-19,54-20,54-21, 54-22, 54-23, 54-24, 54-25, 54-26, 54­
27,54-28,54-29,54-30,54-31,54-32,54-33,54-34, 54-35, 54-36, 54-37, 54-38, 54-39, 54­
40, and 54-41
By adding:
Montgomery County Code
Chapter 54, Transient Lodging Facilities
Sections 54-22A, 54-42, 54-43, 54-44, 54-45, 54-46, 54-47, 54-48, and 54-49
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BILL
No. 2-16
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
."
."
."
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No.
2-16
1
Sec.
I.
Sections 54-1, 54-2, 54-3, 54-4, 54-5,54-6,54-7,54-8,54-9,54-10,54­
11,54-12,54-13,54-14,54-15,54-16,54-17,54-18, 54-19, 54-20, 54-21, 54-22, 54­
23,54-24,54-25,54-26,54-27,54-28,54-29,54-30, 54-31, 54-32, 54-33, 54-34, 54­
35,54-36,54-37,54-38,54-39,54-40, and 54-41 are amended as follows:
54-1. Definitions.
For the purposes of this Chapter, unless the language or context clearly
indicates that a different meaning is intended, the following words and phrases
have the following meanings:
2
3
4
5
6
7
8
9
10
11
12
13
Average lot grade
means the arithmetic average of the highest and lowest
elevations of the ground contiguous to the building.
Basement
[:That] means that portion of any building [which is] located below
grade [;provided, however, that] when at least one-half of the vertical height
extends above the average lot grade. [Average lot grade, for this purpose, shall
mean the arithmetic average ofthe highest and lowest elevations ofthe ground
contiguous to the house.]
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15
16
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[Boardinghouse:
A dwelling in which, for compensation, lodging, or lodging
and meals, are provided or offered to not more than 5 transient visitors.]
Bed and Breakfast
[:A] means
~
dwelling
unit
or part of
~
dwelling that is
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20
21
available to overnight guests for compensation. Overnight guests on any night
must satisfy the definition of one household. A guest must stay at
~
Bed and
Breakfast for no more than 30 days in anyone visit. Meals may be provided
to overnight guests.
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23
24
25
Cellar
[:That] means that portion ofany building which is located below grade
and whose vertical height extends less than one-half above the average lot
grade.
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BILL No. 2-16
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Director [and Department:
The term "Director"] means the Director of the
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28
Department of Health and Human Services, or the Director's designee[, and
the term "Department" means the Department ofHealth and Human Services].
Department
means the Department of Health and Human Services.
Establishment
[:Every hostel, tourist home, boardinghouse, rooming house
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and guestrooms in an apartment hotel which, for compensation, provides or
offers lodging or lodging and meals to transient visitors.] means a hotel or Bed
and Breakfast regulated under this chapter.
Fire Code
[:The] means the Fire Prevention Code [set forth] in Chapter 22 [of
34
35
this Code, and any amendments thereto] as amended.
Habitable room
[:Any] means
~
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room in which people normally congregate
or sleep
with
~
minimum ceiling height of
1
feet. [This shall not include
bathrooms,] Bathrooms, closets, porches, decks, toilet rooms, storage rooms,
kitchens", [or] and pantries are not habitable rooms.
[Hostel] Hotel
[:Any] means
~
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building or portion [thereof or any group of
buildings] of
~
building where, for compensation, lodging or lodging and
meals are provided or offered to 3 or more transient visitors [, including hotels,
motels, tourist courts, motor courts, tourist camps and similar establishments
such as apartment hotels]. Hotel includes
~
motel, but not
~
bed and breakfast.
Household
means
~
~
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person living alone, or anyone of the following groups
single housekeeping unit and sharing common living,
living together as
sleeping, cooking, and eating facilities:
any number of people related
Qy
blood, marriage, adoption, or
guardianship;
2.
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!ill
to
.2.
unrelated people; or
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No.
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2
unrelated people and any children, parents, siblings, or other
persons related to either of them
Qy
blood, adoption, or
guardianship.
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[Liquid wastes:
Human excreta, bath water, wash water, laundry wastes,
dishwater and any other liquid wastes resulting from cleaning operations.
Gasoline and explosive or inflammable liquids are not included.]
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Lodging
[:The] means the short-term overnight accommodation of
f!
paying
guest.
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Plumbing Code
[:The] means the Plumbing Code [in effect within the
jurisdiction of] adopted
Qy
the Washington Suburban Sanitary Commission,
[and any other jurisdictions in the County having or subsequently adopting a
Plumbing Code, and any changes or revisions thereof] as amended.
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[Rooming house:
In
a residential zone, shall mean a dwelling in which, for
compensation, lodging is provided or offered to 3 or more but not exceeding
9 guests.]
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Solid wastes
[:]
means garbage, trash, sweepings, animal refuse and dead
animals.
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[Tourist home:
A dwelling in which, for compensation, lodging or lodging
and meals are provided or offered to not more than 12 transient visitors.]
Transient visitor
[:A] means
f!
person who [obtains] purchases lodgin& [or
lodging and] with or without meals, [upon payment or promise of payment
[therefor at the same premises] for a continuous period of [not more than] 6
months or less.
54-2. Authority of [county executive] Executive to regulate and license.
The [county executive] Executive Lin order to implement the health standards
and regulations of this chapter, is hereby authorized by law to] may adopt
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[such] regulations, under method (3) [of section 2A-IS of this Code],
concerning the operation, maintenance [and],1 conduct,1 licensing, and license
fees for [of]
!!
[any of the types of establishments] hotel or bed and breakfast
[referred to in this chapter, including provision of such licenses and license
fees for such establishments as he may deem appropriate].
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54-3. Guest register - Required [to be kept by hotels, tourist homes, etc.;
information to be shown].
Any person who owns or operates a hotel, [rooming house, tourist home,
motel, or tourist cabin park] in the County must maintain on the premises a
permanent register [in which must be inscribed in
ink
in legible writing]
containing:
(a) the name of each visitor;
(b) the residence address of each visitor, including state, city or town, street
and street number or rural mail delivery route number;
(c) the number ofthe room or facility occupied by each visitor; and
(d) the date and time of registration and checkout of each visitor.
[In tourist homes, motels, and tourist cabin parks the] The register must
include a record of the license plate numbers and state of registration of any
automobiles or trailers [in or with which the guests are traveling] that guests
are using. The owner or operator ofthe establishment must see that the license
plate and automobile or trailer registration information is correct. A person
must not occupy any room [or facility] until [after] the registration required
under this section is provided. The permanent register may be in a bound
book, looseleafbook, or cards. If a looseleaf book or cards are used, the pages
or cards must be numbered consecutively before use and all numbered pages
or cards must be kept even though they are not used. The register [provided
for] required by this section must be kept for at least 3 years and must be open
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to inspection upon the request of the Director or of any law enforcement
officer of the county or the state.
54-4. Same-Giving or permitting false information to be given prohibited.
[It
shall be unlawful for any] A person must not knowingly [to inscribe] write
any false or incorrect name or address or license plate number in any such
register.
[It
shall be unlawful for the] The owner, [or] manager,1 or employee
of [any type of establishment or any employee thereof]
~
hotel must not [to]
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knowingly [to] permit any person to [inscribe] write any false name or address
or license plate number in any such register.
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Article
II. [Hostels, Rooming Houses, Boardinghouses and Tourist Homes]
Hotels.
54-5. Numbering of rooms.
Every [establishment shall] hotel must have a unique number on the corridor
side of the door to each guest room [and no two (2) doors shall bear the same
number].
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54-6. Limitation on admission of visitors.
[No establishment shall] A hotel must not admit more visitors than the number
for which it is licensed.
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54-7. Inspection of register by county officials.
Registers kept [in accordance with] under section 54-3 [shall] must always be
available at the [establishment] hotel for inspection by the [director] Director,
the fire marshal, the [county] police chief and [such other officials as may be
designated by the above named officials] their designees. The licensee may
request the official to present [presentation of] proper credentials or proof of
identity [may be requested by the licensee].
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54-8. Owner, operator or manager to reside on premises.
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The owner, operator, or a responsible manager appointed by the owner or
operator [shall reside on the premises of] must be on-site at all times at each
[establishment] hotel.
54-9. Parking facilities.
Every [establishment shall] hotel must provide off-street automobile parking
for visitors as [is set forth in the zoning ordinance] required
Qy,
chapter 59 of
[the Montgomery County] this Code, as amended. [No license shall be issued
by the director unless he finds the required parking facilities have been
provided.]
54-10. Administration and enforcement of article generally.
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The [director is hereby authorized and directed to] Director must administer
and enforce [the provisions of] this chapter with the assistance ofother County
departments, as necessary. [All department heads in the county government
are hereby authorized and directed to provide such assistance as may be
required by the director for the purpose of enforcing this article.]
54-11. Right of entry of county officials.
[For the purpose of enforcing this article, the director] The Director, the fire
marshal, the [county] police chief and [such other officials as may be
designated by the above named county officials shall] their designee, upon
exhibiting the proper credentials or proof of identity, [have the right to] may
enter any [establishment for the purpose of making] hotel to make any
necessary inspection [they may deem necessary at any time] during business
or operating hours [, and at such]. Inspections may also occur at other times
[as] if the county officials fmd [may be necessary in the public interest] it
necessary to protect the health and safety of any person.
54-12. Responsibility for compliance with article.
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The owner or operator of [an establishment]
~hotel,
and [his] the hoteYs agent
or manager, [shall be] are responsible for [conforming to the provisions of]
complying with this article.
54-13. Violation of article; penalties [and injunctive, etc., reliefJ.
[Any person who violates] A violation of any provision of this article [shall
be] is [subject to punishment for] a class A violation [as set forth
in
section
19 of chapter 1 of the County Code]. [Each day such violation shall continue
shall be deemed a separate offense.]
54-14. License required [Required].
[No] Any building [or premises shall be] occupied or used as a [hostel,
rooming house, boardinghouse or tourist home] hotel within the county
[unless a license shall have been issued] must be licensed for such occupancy
and use by the [director, nor shall any] Director.
An
operator of
~
[such
building or premises be so occupied and used] hotel must cease operating
immediately after [such] the license has expired, or has been revoked or
suspended.
54-15. Application.
Before the Director issues an annual license for any [establishment shall be
issued by the director] hotel under this [division, an application shall be filed
by] Division, the owner or operator, or [his duly] their authorized agent, [in
accordance with] must file an application that satisfies the regulations
[prescribed] approved by the [county executive] Executive under method (3)
of section 2A-15 of this Code.
54-16. Compliance with Code, [etc., prior to] before issuance.
[No license shall be issued to] The Director must not issue
~
license to any
[establishment1 hotel [to] under this [division] Division unless [such] the
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proposed [establishment is in conformance] hotel conforms with the
applicable provisions of this Code [and other ordinances of the county].
54-17. Certificates to be filed [prior to] before issuance.
The Director must not issue an initial [annual] license or license renewal under
this Division unless the applicant files [the following certificates have been
filed] with the Department
~
certificate:
(a)
[A certificate] ofuse and occupancy from the Department ofPennitling
Services[.];
(b)
[A certificate] from the fire marshal stating that the building [is in
compliance with] complies with the fire prevention code[.]; and
(c)
[A certificate] from the Director stating that the building or buildings
and rooms to be occupied or used by the guests of the [establishment]
hotel, and the premises on which such buildings are located, [are in
compliance with] comply with the standards and regulations of the
County and State Boards of Health.
54-18. Separate license required for each establishment.
[Each individual establishment] The Director must reqUIre each hotel,
[although] operated by the same management, [shall be required] to obtain a
separate license under this [division] Division.
54-19. Fees.
The Executive must establish annual fees for licenses under this [division shall
be of such amount as may be established by the county executive] Division
by [written] regulation adopted under method (3) of section 2A-15 of this
Code:. [and shall] Fees must not exceed an amount necessary to defray the
costs of administering this [chapter] Chapter.
54-20. Denial where operator has been convicted of certain state law violations.
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The Director may deny an initial [or annual] license or license renewal to
operate [an establishment] a hotel under this Division ifthe Director finds the
owner or operator of the proposed [establishment has been] hotel was
convicted of violating the following provisions of the Criminal Law Article
of the Maryland Code:
(a) Section 10-202 (keeping disorderly house);
(b) Title 12 (gaming);
(c) Title 5 (controlled dangerous substances, prescriptions, and other
substances); or
(d) Section 10-201 (disturbing the public peace and disorderly conduct).
The Director may deny an initial [or annual license] or license renewal
if the owner or operator [has been] was convicted of any similar offense
outside Maryland.
54-21. Procedure for issuance or denial.
(a) [Upon receipt of] When an application for [an annual]
~
license under
this [division] Division, or [for renewal of a] when
~
previously issued
license is in the renewal process, the [director shall make or cause to be
made] Director or the Director's designee must conduct all investigations
and inspections required by this article. The [director shall act upon]
Director must approve or deny the application within [ninety (90)] 90
days after the date of filing, or as soon thereafter as practicable. [In cases
in which an application] Applications for renewal of [an annual]
~
license [has been] filed on or before October 1 [as provided
in
section]
under Section 54-25 and [has] that have not been [neither] approved or
[disapproved] denied by the [director prior to] Director before the
following January 1, [the current license shall remain] remain in [full
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force and] effect until approved or denied
l2:y
the Director application
[has been acted upon by the director].
(b) If, [upon the completion of] after all investigations and inspections are
completed, the [director] Director finds that the [establishment] hotel
for which a license under this [division] Division is requested does not
[comply with the provisions] satisfy the requirements ofthis chapter, [he
shall] the Director must? within [ten (10)] 10 days after making such a
finding, [cause to be served upon the applicant written] transmit notice
of such finding to the applicant [and shall in such].:. The notice must
advise the applicant of the necessary corrective measures to be taken
before [a license will be issued] the Director will issue the license. The
[director] Director may [, in such notice,] direct the applicant to appear
[before him] within [ten (10)] 10 days from the date of service of the
notice to show cause why the license should not be denied. If the
applicant [shall fail] fails to show cause as directed in such notice, or
[shall fail] fails to take the necessary corrective action [specified
therein], the [director shall refuse to issue or renew such license] Director
may deny the application.
(c) [All] The Director must send all of the Director's orders and notices
[issued by the director hereunder shall be served upon] to the applicant
either by registered mail or by personal delivery at the address shown on
the application. If the applicant cannot be found in the [county] County,
service by personal delivery [shall] must be made [upon] to the person
who is [at the time] in charge of the [establishment] hotel.
54-22. Display.
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[Each] The applicant must prominently display each license issued under this
[division shall be prominently displayed] Division in the [establishment] hotel
for which it was issued.
54-22A. Complaints
W
The Director must investigate any complaints that
f!
licensee is in violation
of this Article within 30 days of receiving the complaintls.ls.
(hlIf
f!
violation is found, the Director must issue written notice of the
violation to the owner or operator requiring that the violation be corrected
immediately.
W
If the violation is not corrected immediately, the Director may revoke or
suspend the license under Section 54-26.
54-23. Change of location of establishment; transfer.
(a) Whenever [an establishment]
f!
hotel changes its location, the current
license held by such owner or operator under this [division shall
automatically become] Division is void.
(b) The [director] Director may [, in his discretion,] authorize the transfer of
a license issued under this [division] Division to anew owner or operator
upon an application for transfer of the license and payment of a transfer
fee [which shall be established by the county executive
L
The Executive
must establish the transfer fee by [written] regulation adopted under
method (3) of section 2A-15 of this Code.
54-24. Expiration.
All [annual] licenses issued under this [division shall] Division expire on
December 31 of the year for which they are issued, unless sooner revoked or
suspended [as provided in] under this [article] Article.
54-25. Renewal.
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[Every establishment shall, on] On or before July 1 of each year, every hotel
must make application to the department for renewal of the [annual] license
required by this [division] Division. Before [an annual]
~
license for any
[establishment shall be] hotel is renewed by the [director, the director shall
have received] Director. the Director must receive, [within ninety (90) days
prior to renewing any such license,] certificates as [prescribed in section]
required
Qy
Section 54-17 [, which shall indicate thereon that the premises
have been inspected within ninety (90) days prior to the expiration of the
license]. The Director must renew the license after receiving the certificates,
completing any outstanding complaint investigations, and finding that the
application satisfies this Article.
54-26. Revocation or suspension generally.
(a)
The [director] Director may revoke or suspend any license issued under
this [division upon finding] Division if the Director fmds that the owner
or operator of any [establishment] hotel is in violation of any provision
of this [article] Article. Any such revocation or suspension [shall] must
be by written order directed to [and served upon] the owner or operator
of such establishment [in the manner prescribed in subsection (c) of
section] under the procedures of subsection 54-21
(c ).
Any such notice
of revocation or suspension [shall] must require the holder ofthe license
to appear before the [director] Director and show cause why the license
should not be revoked or suspended [in the manner provided above].
(b) The Director may revoke or suspend any license issued under this
Division ifthe Director finds that the [establishment] hotel is disruptive
to the general peaceful enjoyment, dangerous to the health and safety,
of the community or a nuisance because of noise or indecent or immoral
activity by any guest, owner, operator or employee. The Director may
311
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also revoke or suspend any license issued under this Chapter if the
owner or operator of the [establishment] hotel has, while operating the
establishment, been convicted ofviolating:
(1)
the provisions of the Criminal Law Article of the Maryland Code
[listed] in section
54-20;
or
(2) the drunkenness and disorderly conduct provisions of Section
10­
201
of the Criminal Law Article of the Maryland Code while on
the licensed premises.
Revocation or suspension ofa license under this subsection must follow
the procedures in Section
54-21
(b).
54-27. Appeals from denial, revocation or suspension.
Any person aggrieved by the denial, revocation or suspension of a license
under this [division] Division may appeal from the action of the [director]
Director to the [county board of appeals] Board of Appeals. Such person
[shall] must file a [written] notice of appeal with the clerk of the [board of
appeals] Board of Appeals within [twenty
(20)] 20
days after service ofnotice
of such action. Upon receiving such appeal, the [board of appeals shall] Board
of Appeals must hold a hearing [thereon] within [thirty (30)] 30 days after the
notice of appeal has been filed, and [shall] must act upon [such] the appeal
within [thirty (30)] 30 days after the hearing. [The council may, by resolution
entered on its minutes, extend such periods of time.]
Division 3. Health Standards and Regulations.
54-28. Water and sewer facilities.
Water and sewer facilities in every [establishment] hotel must be connected
to public lines where such lines are available. [In the event n01 When public
sewer lines are not available.1 the [sewage must be collected, treated and
disposed of in an independent sewerage system which complies with the
-@
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standards of the excreta disposal laws of the State and of] private sewage
system must satisfy Chapter 45 of this Code. [In the event no] When public
water lines are not available, [no] only
~
water supply [may be used by an
establishment unless it has been] approved by the Director [of the Department
of Health and Human Services] may be used.
54-29. Plumbing facilities.
[All plumbing facilities in establishments shall be constructed, installed and
maintained so as to prevent sanitary hazards.] Toilet and bath facilities [shall
be provided in accordance with] must satisfy the plumbing code for the
Washington Suburban Sanitary Commission [and any amendments thereto]
as amended.
54-30. Disposal of solid waste.
All solid waste [at establishments shall] must be stored in covered metal
receptacles [which shall bel.:. These receptacles must be removed from the
premises and cleaned at least once a week or as often as [prescribed by the
director] the Director requires. All such waste [shall be burned, buried or
otherwise] must be disposed of in [such]
~
manner [as] that does not [to]
constitute a nuisance [or to be accessible to animals or flies].
54-31. [Screens.] Insects.
[All outside doors, windows and other outside openings in establishments
shall
be
adequately screened against flies, mosquitoes and other insects. Ifthe
establishment is completely air-conditioned, screening shall not be required.]
All interior spaces must be maintained free of all insects. Any infestation
must be immediately addressed
Qy
management.
54-32. Minimum size of rooms.
(a) [No] Any habitable room [shall be occupied at] in
@
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[an establishment unless it contains]
f!
hotel must be at least [seventy
(70)] 70 square feet in floor area and there must be at least [fifty (50)] 50
square feet of floor area for each person. Children under [twelve (12)] 12
years of age [shall be] are counted as one-half person. Children under
[one] [( 1)]
1
year ofage [shall] are not counted as
f!
person for the purpose
of this requirement.
(b) At least one-half of the floor area of every habitable room [shall] must
have a ceiling height of at least [seven (7)]
1
feet, and the floor area of
that part of any room where the ceiling height is less than [five (5)]
~
feet
[shall] is not [be] considered as part of the floor area in computing the
total Hoor area of the room for the purpose of determining the maximum
permissible occupancy [thereof] of the room.
377
378
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387
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391
54-33. Heating and ventilation.
All rooms in [establishments shall] hotels must be adequately heated and
ventilated. Every habitable room [shall] must have at least one [(1)] easily
opened window or skylight [which can easily be opened], or such other device
[as will] that adequately [ventilate] ventilates the room. Every [establishment
shall] hotel must have
f!
heating [facilities which arel system. The heating
system must be properly installed and maintained in safe and good working
condition [. Such heating facilities shall_be] capable of safely and adequately
heating all habitable rooms, bathrooms and water closet compartments to a
temperature of at least [seventy (70)] 70 degrees Fahrenheit at a distance of
[three (3)]
J
feet above floor level under ordinary minimum winter conditions.
54-34. Lighting.
All rooms in [establishments shall] hotels must be adequately lighted [by
either natural or artificial light and additional] including light [shall be
provided] for reading [purposes].
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No. 2-16
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54-35. Basement rooms.
[No habitable room shall be located in the basement ofan establishment unless
the] Only when basement floors and walls are constructed of material
impervious to water.,. may
~
habitable room be located in
~
basement.
54-36. Cellar rooms.
A room in a cellar [shall not be considered] is not
~
habitable room [and shall
not be used by any establishment for habitation].
54-37. Bedding and linen.
(a) All mattresses, blankets and other bedding used at [establishments shall]
hotels must be kept clean and free of bedbugs.
(b) Clean sheets and pillow slips [shall] must be provided in
[establishments] hotels at least once each week and after each
succeeding guest.
[(c) Two (2) clean towels shall be provided for each establishment guest at
least twice each week and after each succeeding guest.]
54-38. [Drinking glasses.] Reserved.
[Drinking glasses used in any establishment shall be sterilized at least after
each succeeding guest and common drinking glasses shall be prohibited.]
54-39. Food, dining rooms and kitchens.
Food, public dining rooms and kitchens in each [establishment shall comply
with the provisions ofchapter] hotel must satisfy Chapter
li
ofthis Code [and
any amendments thereto] as amended.
54-40. Maintenance of premises.
Every owner or operator of [an establishment shall be]
~
hotel is responsible
for maintaining all parts ofthe establishment, in a clean and sanitary condition
[all parts of the establishment], including the land on which the
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No.
2-16
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[establishment] hotel is located. Every owner or operator [shall be]
responsible for maintaining the [establishment] hotel in good repair.
IS
54-41. Inspections and report
of violations
of article.
The Department [of Health and Human Services] is responsible for making
all necessary inspections [of the establishments] regulated under this Article
and must report to the Director any violations of this Division.
Article flI. [Reserved] Bed and Breakfast.
54-42. Administration
In this Article,
Director
means the Director ofthe Department ofHousing and
Community Affairs or the Director's designee. The Director must administer
this Article.
54-43. License required.
A person must not operate
~
bed and breakfast in the County without a license
issued
Qy
the Director. After the initial issuance of
~
license, the license must
be renewed once
~
year.
54-44. Certification for! License.
An application for
~
bed and breakfast license or
~
license renewal must be
signed
Qy
the applicant. The applicant must certify that:
tru
®
W
@
the building in which the bed and breakfast is located complies with all
applicable zoning standards under Chapter 59 of this Code;
the overnight occupants of each dwelling unit will satisfy the defInition
of one household;
only habitable rooms will be used
Qy
guests;
smoke detectors operate as designed;
sanitation facilities operate as designed;
the applicant has not been found guilty of
~
violation of this Chapter in
the past
12
months;
ill
ill
~
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BILL NO.
2-16
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(g)
all local taxes and required fees are paid in full;
the dwelling unit where the bed and breakfast is located is the primary
residence of the applicant; and
au
ill
the applicant is the owner or authorized agent of the facility.
54-45. Applications.
The Director must establish an electronic method of submitting, issuing,
renewing, denying, and revoking an application for
~
license through the
internet.
54-46. License Approval and Renewal.
The Director must:
ill
Oil
accept the self-certification of the applicant after verifying compliance
Qy
reviewing available records; and
approve or deny
~
license or
~
license renewal within 15 working days
after receipt ofthe application and all required fees unless the Director
receives
~
challenge to the certifications under Section 54-47.
54-47. Challenge to Certifications.
ill
A challenge to any required certification made
Qy
the applicant may be
filed with the Director within 30 days after the application is filed by:
ill
ill
~
resident or owner of real property located within 300 feet of
~
licensed or proposed bed and breakfast; or
~
civic or homeowner's association comprised of property
owners located within 300 feet of
~
licensed or proposed bed and
breakfast.
Oil
The Director must, within 60 days after receipt of the challenge:
ill
ill
provide notice of the challenge to the applicant;
provide an opportunity for the applicant to respond to the
challenge;
GQ)
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No. 2-16
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ill
ill
54-48. Appeals.
investigate the question of fact raised
by
the challenge; and
revoke or deny the license if the Director finds that one or more
facts certified
by
the applicant is false.
Any person aggrieved
by
an approval, denial, revocation or suspension of!!
bed and breakfast license may appeal the decision to the Board of Appeals.
The Board of Appeals must hold!! hearing on the appeal within 30 days after
the notice of appeal has been filed, and must act on the appeal within 30 days
after the hearing.
54-49. Effect of!! revocation.
For
~
period of
J
years after !! license is revoked, the Director must not issue !!
bed and breakfast license to:
ill
®
the former licensee or
~
member of the former licensee's household; or
any applicant for
~
license to use the same dwelling unit where the license
was revoked.
488
Approved:
489
Nancy Floreen, President, County Council
Date
490
Approved:
491
Isiah Leggett, County Executive
Date
492
This is a correct copy o/Council action.
493
Linda M. Lauer, Clerk ofthe Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 2-16
Transient Housing
-
Licensing and Registration
DESCRIPTION:
PROBLEM:
The
Bill
would amend Chapter 54 of the County Code by updating and
simplifying licensing and registration requirements.
The code includes forms of transient housing that are no longer
permitted by the zoning code. The requirements for hotels are out
dated. The requirements for non-hotels are overly burdensome. The
Department responsible for all forms of transient housing has only
issued licenses for hotels.
The
Bill
will make the process for licensing and registration more
efficient for hotels and other transient housing.
Department of Permitting Services, Health and Human Services and
Housing and Community Development.
To be requested.
To be requested.
To be requested.
To be researched.
Departments of Permitting Services, Health and Human Services and
Housing and Community Development.
To be researched.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITIDN
MUNICIPALITIES:
PENALTIES:
NA
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