Label
Motel Hotel Licensing
Martinez, Gadus & Morris
Title
Amending Toledo Municipal Code (TMC), Title 7 Business Regulations to create Chapter 741 to add licensing requirements for Motels and Hotels;
Body
SUMMARY & BACKGROUND:
Under Ohio law, a motel or hotel with more than five guest rooms that offers accommodations for stays of fewer than 30 days must be licensed through the State Fire Marshal within the Ohio Department of Commerce, pursuant to Ohio Revised Code Section 3731.03. While this state licensing requirement establishes an important baseline for safety and operation, it does not prevent municipalities from adopting additional regulations to address local concerns.
Several Ohio cities have recognized the value of local oversight and have taken steps to supplement state requirements. These approaches provide local governments with greater visibility into hotel and motel operations and an additional mechanism for addressing properties that fail to meet community standards.
Toledo currently lacks a comparable local regulatory framework. When complaints involving illegal activity at Toledo motels and hotels are received, they are forwarded to the State Fire Marshal for investigation. While state enforcement remains an important component of oversight, relying solely on a state agency can limit the City's ability to respond quickly and effectively to recurring problems at targeted properties. Local officials are often in the best position to identify patterns of activity, respond to neighborhood concerns, and hold property owners and operators accountable for conditions occurring within the City.
This ordinance does not replace the State Fire Marshal's authority; rather, it gives the City an additional tool to supplement state oversight, strengthen accountability, and protect the safety and quality of life of Toledo residents.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That Toledo Municipal Code, Part 7 Business Regulations Code, will be amended to add a Chapter 714 to read as follows;
CHAPTER 741 - MOTEL/ HOTEL
741.01 Definitions and scope.
741.02 License required.
741.03 Content of application.
741.04 Requirements for issuance of license.
741.05 Issuance of license.
741.06 Renewal of license.
741.07 Denial or revocation of license.
741.08 Right to appeal; procedure and Board.
741.09 License not to be transferred.
741.10 License to be posted in conspicuous place.
741.11 Limitations on duration of occupancy.
741.12 Undesirable guests; ejection and refusal to admit.
741.13 Prohibited acts.
741.14 Required services.
741.15 Register to be kept.
741.99 Penalty.
741.01. Definitions and scope.
The provisions of this Chapter shall apply to all hotels and motels, which now exist and which may be established in the future. A Motel/ Hotel is defined as an establishment which falls under the description of the State of Ohio Fire Marshall requirements for a Hotel/Motel license; ORC Section 3731 <https://codes.ohio.gov/ohio-revised-code/chapter-3731>.
"Motel” or “Hotel” means every establishment kept, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are offered for a consideration to guests, in which five or more rooms are used for the accommodation of such guests, whether such rooms are in one or several structures.
741.02. License required.
No person or legal entity shall operate a Motel/ Hotel within the limits of the City of Toledo without first having obtained a license to do so hereinafter provided. Failure on the part of any person(s) or entity to obtain such license shall subject the licensee to the penalties hereinafter provided. A license shall be required for every location.
741.03. Content of application.
Each person or legal entity applying for a Motel/ Hotel license shall file with the Department of Finance an electronic application including the following:
(a) Name, physical residence address and contact information of any person with ownership interest in the premises.
(b) Name, physical residence address and contact information of person holding the State of Ohio liquor permits.
(c) Name, physical residence address and contact information of any person with ownership interest in the business.
(d) The location by street name and address where the Motel/Hotel is to be operated.
741.04. Requirements for issuance of license.
No Motel/ Hotel license shall be issued unless the following criteria are satisfied:
(a) Tax compliance. No license shall be issued or renewed if taxes of the City of Toledo or Lucas County are delinquent or unpaid.
(b) Zoning compliance. Applicant must be compliant with all applicable Toledo Municipal Code Planning and Zoning Code regulations.
(c) Dumpsters and trash receptacle screening compliance. Applicant must be compliant with Toledo Municipal Code Section 1108.0304 <https://codelibrary.amlegal.com/codes/toledo/latest/toledo_oh/0-0-0-105361>(B).
(d) Code compliance. Applicant must be compliant with all applicable Toledo Municipal Code Nuisance Code regulations. No license shall be issued or renewed if open code violations exist.
(e) Building and fire code compliance. Applicant must be compliant with all applicable Toledo Municipal Code Building Code and Fire Prevention Code regulations.
(f) Toledo Lucas County Health Department license in good standing.
(g) State of Ohio liquor permit(s) and management agreement, if applicable.
(h) State of Ohio Vendor license.
(i) State of Ohio Hotel Operator License
(j) Valid Occupancy License
(k) No license shall be issued or transferred to any person who has had a license revoked within five (5) years prior to the date of application under the terms of this chapter or the statutes of the State of Ohio nor shall any license be issued or transferred to the spouse of such person.
(l) License fee of $400.
741.05. Issuance of license.
(a) Upon receipt of a completed application meeting the requirements of Section 741.03 and Section 741.04 the Director of Finance will review application and issue a license by June 1 of the same year.
(b) Any application for a license that does not contain all required information shall be deemed incomplete. The Director of Finance shall notify the applicant of any deficiencies in its application.
(c) License applications shall be due by January 1 for all existing Motels / Hotels.
(d) New hotels shall acquire a license prior to starting operations.
741.06. Renewal of license.
(a) After being granted a license under this Chapter, the licensee shall make an annual electronic application for renewal of the license accompanied by the required license fee.
(b) A notice to renew will be sent via electronic mail 60 days prior to the expiration of the current license. Each license holder is responsible for updating electronic mail information with the Department of Finance.
(c) License renewals shall be due by January 1 each year.
741.07. Denial or revocation of license.
(a) License application may be denied or license revoked if the entity violates any provisions of this Chapter.
(b) License application may be denied or license revoked if the premises are the site of multiple violations of any provisions of Title XXIX and Title XLIII of the Ohio Revised Code.
(c) Any person with ownership interest in the business that has a license revoked may not reapply for a license within one year of revocation.
741.08. Right to appeal; procedure and Board.
(a) If an application is denied or license revoked, the applicant shall be notified in writing of the reasons for denial and shall have the right to appeal to an Appeal Board composed of the Director of Public Safety, Director of Building and Code Compliance and the Director of Law, or their designees. The applicant shall immediately stop the acceptance of new reservations and cease operations within 30 days.
(b) In case of a denial or revocation, within fifteen (15) business days after receiving notice of denial or revocation the applicant shall submit a written request for an appeal to the Director of Finance. The Appeal Board shall attempt to set a time and place for a hearing not later than thirty (30) business days after the date of filing the notice of appeal. The Appeal Board may extend such time at the request of applicant. The applicant may be represented by counsel at the hearing and present witnesses or other evidence showing that the application should be granted. The Appeal Board may sustain, modify or reverse the decision of the Director of Finance.
741.09. License not to be transferred.
Licenses shall not be transferred. Immediately upon change in ownership interest in the Motel/ Hotel, a new application must be submitted.
741.10. License to be posted in conspicuous place.
The license issued under this Chapter shall be posted in a conspicuous place on the premises of the business. For the purposes of this section, "conspicuous place" shall mean display of the license on a wall of the business, clearly visible to customers of the business.
Every person to whom a hotel license has been issued shall at all times keep a hotel guest
register within the establishment that complies with Ohio Statutes.
741.11. Limitations on duration of occupancy.
(a) It shall be unlawful for any person to put up or stay at the same hotel for longer than twenty-nine (29) days in a sixty (60) consecutive day period. It shall also be unlawful for the owner, operator, manager, or person in charge of a hotel to permit or allow a person to stay at the hotel or motel in excess of twenty-nine (29) days in a sixty (60) consecutive day period.
(b) Notwithstanding subsection (a) of this section, a stay in excess of twenty-nine (29) days in a sixty (60) day period may occur in the following situations:
Where there is a written contract between the hotel and a governmental, charitable, or insurance agency to house families in crisis who are receiving temporary housing assistance from said governmental, charitable, or insurance agency; a specific business entity for a business purpose which requires extended temporary occupancy, an individual whose purpose of hotel occupancy is not as a primary residence; or
Where there is a written contract between the hotel for an onsite resident manager or employee to live at the hotel.
(c) It shall be unlawful for a hotel owner, operator, manager or person in charge of a hotel to permit an employee to live at the hotel for more than twenty-nine (29) days in consecutive sixty (60) day period unless the room occupied contains a kitchen separate from sanitary facilities equipped with a refrigerator, built-in stove and microwave.
741.12 Undesirable guests; ejection of and refusal to admit.
(a) The owner, operator, manager or person in charge may remove or cause to be removed from a Motel, Hotel, a guest or other person who:
(1) Refuses or is unable to pay for accommodations or services;
(2) While on the premises acts in an obviously intoxicated or disorderly manner, destroys or threatens to destroy establishment property, or causes or threatens to cause a disturbance;
(3) The owner, operator, manager or person in charge reasonably believes is using the premises for the unlawful possession or use of controlled substances in violation of Ohio Statues, sex trafficking, prostitution, or using the premises for the consumption of alcohol by a person under the age of twenty-one (21);
(4) The owner, operator, manager or person in charge reasonably believes has brought property into the establishment that may be dangerous to other persons, such as firearms or explosives;
(5) Violates any federal, state, or local laws, ordinances, or rules relating to the establishment; or
(6) Violates a rule of the establishment that is clearly and conspicuously posted at or near the front desk and on the inside of the entrance door of every guest room; or
(7) Remains on the premises after stay has concluded.
741.13 Prohibited Acts.
(a) Failure to maintain the licensed premises to all building, fire, mechanical, zoning or licensing codes.
(b) Knowingly allowing a room to be occupied for purposes of sex trafficking.
(c) Knowingly allowing a room to be occupied for purposes of illegal drug activity.
(d) Knowingly allowing a room to be occupied by a minor for the consumption of alcoholic beverage.
(e) Prohibiting the inspection of the licensed premises for purposes of inspections of the premises.
(f) Failure to report observed or suspected illegal activity to the police in a reasonable period of time.
741.14 Required Services.
(a) All Motels/ Hotels shall provide customary hotel services such as:
(1) Linens and maid service once per day or as needed.
(2) Furniture, including at a minimum a bed, and upkeep of furniture.
(3) Lockable, secure rooms.
741.15 Register to be kept.
(a) Every person to whom a hotel license has been issued shall at all times keep a hotel guest register within the establishment that complies with Ohio Revised Code.
741.99. Penalty.
(a) Operation of a Motel/Hotel without the license required by this Chapter shall be guilty of a misdemeanor of the fourth degree with applicable Toledo Municipal Code criminal penalties.
(b) A penalty of $200 per day shall be assessed for operating without the license as required by this Chapter.
( c) The Law Director is authorized to bring an action to compel compliance with this Chapter including the collection of outstanding fines and to bring an action to cease and desist operations in violation of this Chapter.
SECTION 15. That this Ordinance hereby is declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that same is necessary for the immediate preservation of the public peace, health, safety and property, and that this Ordinance must be immediately effective in order to provide for the orderly development of the area and to protect the land values in the area.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council