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HomeMy WebLinkAboutOrd 1918 - Overnight Lodging LicenseCity of'Tukwila Washington Cover page to Ordinance 1918 The full text of the ordinance follows this cover page. AN ORDINANCE OF THE C'ITY COUNCIL OF THE CITY OF TUMrJI,,A, WAS11INGTON, PROVIDING FOR THE LICENSING OF OVERNIGHT LODGINGS IN ORIJERT() ENSURE THF, SAFETY OF CI'TIZPNS; P110VIDING FOR SEVER ABILITY ; AND ESTABLISHING AN EFFECT"IVE DATE. Ordinance 1918 was amended or repealed by the following ordinances. REPEALED Section(s) Amended, 'Amended by' Card # ''Secti6h(s)Repealed Repealed by Card g, 8 2355 9 2496 ILA, 1. '9S ,r k 0.. a� r 2'k Gam G) r i QE, 0 s rrrs i� 908 �s Tu lkwfla C ity o Washington Ordinance No. f AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, PROVIDING FOR THE LICENSING OF OVERNIGHT LODGINGS IN ORDER TO ENSURE THE SAFETY OF CITIZENS; PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, it has been statistically demonstrated that some overnight lodging facilities are responsible for a disproportionate share of police calls for service; and WHEREAS, those overnight lodging facilities that have initiated aggressive crime preven- tion measures have found them to be effective deterrents to crime; and WHEREAS, there is a wide difference in levels of police service required by individual hotels/ motels within that business group; and WHEREAS, the type, severity, and frequency of criminal calls at hotels/ motels that have experienced significant criminal activity are a real and compelling concern to the City of Tukwila, the citizens of Tukwila, visitors to Tukwila, and the hotel /motel industry itself; and WHEREAS, the most effective forms of crime prevention in the City of Tukwila are those tied to active partnerships with citizen or business groups; and WHEREAS, block watches, crime -free multi- housing, and neighborhood action committees work by not only reducing crime, but affording participants the opportunity to focus their interests, reach their goals and become good neighbors; and WHEREAS, it is reasonable to require those hotels and motels with higher levels of police calls for service to employ certain measures designed to assist in deterring crime as a condition for business license approval within the City; and WHEREAS, the police department has identified and recommended certain measures which have been demonstrated to effectively deter crime; and WHEREAS, it has been recognized by the hotel /motel industry and the crime prevention community that the level of employee access into the privacy and safety of its patrons is of such significance as to require certain levels of employee screening for those hotels and motels with a certain level of police calls for service; and WHEREAS, the Council believes it is time to form a partnership between the City of Tukwila Police Department and the hotel/ motel industry; and WHEREAS, the word "safety" encapsulates the concerns of both the hotel /motel industry and the Police Department, to include strategies for combating crimes against persons, crimes against property, crimes against society, crimes against the host business, and civil liability; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: overnight lodging -new 6 -2000 1 Section 1. Findings. The "Whereas" provisions set forth above are by this reference incorporated herein as if fully set forth as the City Council's findings. Section 2. 5.60.010 Definitions. When used in this chapter and unless otherwise distinctly expressed, the following words and phrases shall have the meaning set out in this section: 1. "Hotel" means a building or portion thereof designed or used for the transient rental of five or more units for sleeping purposes. A central kitchen and dining room and accessory shops and services catering to the general public can be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care. 2. "Motel" includes tourist cabins, tourist court, motor lodge, auto court, cabin court, motor inn and similar lodgings. A motel is a building or buildings, detached or in connected units or designed as a single structure, the units of which are used as individual sleeping or dwelling units having their own private toilet facilities, and may or may not have their own kitchen facilities, and are designed primarily for the accommodation of transient automobile travelers. Accommodations for travel trailers are not included. 3. "Calls for service" includes any call the Tukwila Police Department receives from a hotel /motel that must be responded to by a police officer. "Calls for service" shall not be counted when the Tukwila Police Department receives a call from a hotel /motel reporting an incident that did not directly occur at that hotel /motel. 4. "Police" means any authorized agent of the Tukwila Police Department or other law enforcement agency having jurisdiction. 5. "Police Department" means the Police Department of the City. Section 3. 5.60.020 License required. A. It is unlawful for any person, firm or corporation to conduct or operate a hotel or motel without first obtaining a business license pursuant to the provisions of this chapter. B. All licenses issued pursuant to this chapter are non transferable and valid for the calendar year in which issued unless otherwise revoked or suspended. Section 4. 5.60.030 Licensing requirements. A. It is unlawful for a person, firm, or corporation to conduct or operate a hotel or motel without having a license pursuant to RCW 70.62 and pursuant to the provisions of this chapter. B. All hotels and motels may be issued a license under the provisions of this chapter. Based upon an individual hotel /motel's calls for service per room semi annually, however, a hotel /motel must comply with additional requirements designed to deter crime in order to obtain or maintain its business license. The calls for service will be monitored from January 1 to June 30, and from July 1 to December 31, of each calendar year. Crime statistics for each hotel/ motel will be kept on an annual basis from July 1 to June 30 of each calendar year. The time between June and December will allow hotels /motels time to comply with all the requirements of their group level necessary to receive a business license at year's end. The total number of calls for service from a given hotel /motel for the accounting year will be divided by the total number of rooms in the hotel /motel, then divided by 2, to obtain the semi annual number. C. Each hotel /motel licensee will be notified of its semi annual number of calls for service per room no later than July 31 of each calendar year. Any additional requirements placed on a hotel /motel under this chapter must be met or substantially in progress, as determined and verified by the Tukwila Police Department, before the next year's business license will be issued. overnight lodging -new 6 -2000 2 Section 5. 5.60.040 Semi annual calls for police service less than or equal to .25 per room. 1. There are no additional requirements necessary to deter crime for hotels /motels whose semi annual calls for service are less than or equal to .25 per room. 2. At the request of an establishment, the Tukwila Police Department will provide the hotel /motel with inspection services and advice concerning Crime Prevention Through Environmental Design Standards. 3. Hotels /Motels are encouraged to participate in a Tukwila Police Department created and sponsored Hotel /Motel Manager's Network. 4. At the request of the hotel /motel, the Tukwila Police Department will provide training for the hotel /motel staff, in cooperation with management, regarding the recognition of criminal or anti social behavior. 5. At the request of the hotel /motel, the Tukwila Police Department will keep the hotel /motel management apprised of police activity that occurs on the property. Section 6. 5.60.050 Semi annual calls for police service greater than .25 per room and less than or equal to 1.00 per room. Hotels /Motels whose semi annual calls for service per room are greater than .25 or less than or equal to 1.00 are required to meet the following additional conditions, designed to deter crime, to obtain a license to operate in the City of Tukwila: 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. Undergo a Tukwila Police Department crime prevention assessment of their property to be conducted by the Tukwila Police Crime Prevention Unit. Section 7. 5.60.060 Semi annual calls for police service greater than 1.00 per room. Hotels /Motels whose semi annual calls for service per room are greater than 1.00 are required to meet the following additional requirements, designed to deter crime, to obtain a license to operate in the City of Tukwila: 1. Conform to the requirements set forth in TMC 5.60.050. 2. Provide the Tukwila Police 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 Tukwila Police Department. 4. Provide 24 -hour front desk personnel. 5. All guests who stay more than thirty days must fill out an Application for Tenancy (provided by the Tukwila Police Department). 6. 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. 7. Install lighting in all common areas (minimum maintained 1.5 foot candles at ground level). 8. 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. overnight lodging -new 6 -2000 3 9. Maintain a daily key log. Each key that is found to be missing must have its corresponding lock re -keyed prior to the room being rented. Each master key that is found to be missing will require the establishment to re -key all corresponding locks. 10. Participate in the Tukwila Police Department "Criminal Trespass Program." Participation shall mean the facility shall be registered in the "Criminal Trespass Program." 11. Maintain the guestroom according to Uniform Health Code and Uniform Fire Code including tamper- resistant smoke detectors. 12. Report, repair /remove all graffiti and vandalism as quickly as possible. 13. Follow Crime Prevention Through Environmental Design (CPTED) standards for landscaping/ plant maintenance. These standards will be provided by the Tukwila Police Department. 14. Enforce the following guest rules: a. Rooms cannot be rented for less than a 6 -hour period. b. No room may be used for drunkenness, fighting or breaches of the peace. No room may be used if loud noises come from that room. 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. 15. Submit to scheduled semi annual audits by the City of Tukwila Police Department to verify compliance with the above referenced requirements. Section 8. 5.60.070 Enforcement. If the Chief of Police finds that any licensee has violated or failed to comply with any provisions of this chapter, he /she shall make a written record of such finding and shall specify therein the particulars; and will inform the Tukwila City Clerk. Upon recommendation of the Chief of Police, the City Clerk may revoke, suspend, or refuse to issue the City of Tukwila license for that business for a period not less than 90 days or not more than 1 year. This determination shall be made in consultation with the Police Chief and shall be based on the severity of the violation(s). Section 9. 5.60.080 Appeals. A. Upon notice of non issuance or revocation of a business license, the applicant or license holder may appeal by filing a notice of appeal, specifying the particular reason(s) upon which the appeal is based, with the City Clerk within ten days of and including the date of the notice of non issuance or revocation. An untimely notice of appeal shall be rejected as such by the City Clerk, and no appeal hearing shall be scheduled. B. Upon timely filing of a notice of appeal, the Clerk shall schedule a hearing on the appeal before a Hearing Examiner. C. Within 14 business days, excluding holidays recognized by the City of Tukwila, from the date of the hearing on an appeal under this section, the Hearing Examiner shall issue a written decision, which shall set forth the reasons for the non issuance or revocation of the license. D. A decision of the Hearing Examiner, or a decision of the Clerk to reject an appeal as untimely, shall be final, unless an application for a writ of review is filed with the King County Superior Court and properly served upon the City of Tukwila within 14 calendar days of and including the date of the Hearing Examiner's decision. overnight lodging -new 6 -2000 L\ E. A timely notice of appeal shall stay the effect of any notice of non issuance or denial pending hearing examiner review or judicial review. Section 10. 5.60.090 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. Section 11. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 12. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect five (5) days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITOF TUKWILA, WASHINGTON, at a Regular Meeting thereof this /9 day of ,f- C —e 2000. ATTEST/ AUTHENTICATED: k tUitk- 5 Ie E. Cantu, CMC, City Clerk APPROVED AS TO FORM: FILED WITH THE CITY CLERK:6 -/5 PASSED BY THE CITY COUNCIL: PUBLISHED: 6 a.1.3_v EFFECTIVE DATE: 6 -fig'- 11'Z) ORDINANCE NO.: /q/ A Vi\A titi \Q Steven M. Mullet, Mayor overnight lodging -new 6 -2000 5 CITY OF TUKWILA SUMMARY OF ORDINANCE NO. 1918 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, PROVIDING FOR THE LICENSING OF OVERNIGHT LODGINGS IN ORDER TO ENSURE THE SAFETY OF CITIZENS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. On June 19, 2000, the City Council of the City of Tukwila passed Ordinance No.1918, defining licensing requirements for hotels /motels based on an individual hotel /motel's police calls for service per room semi annually; providing for severability; and establishing an effective date. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at its meeting of June 19, 2000. c irCcAZ— z, 6 ie E. Cantu, CMC, City Clerk Published Seattle Times: 6/23/00