Title
Creating Chapter 379 of the Saint Paul Legislative Code pertaining to Short Term Rentals.
Body
THE COUNCIL OF THE CITY OF SAINT PAUL DOES HEREBY ORDAIN:
SECTION 1.
That Legislative Code Chapter 379 entitled “Short Term Rentals” is hereby created to read as follows:
Chapter 379. Short Term Rentals
Sec. 379.01 Definitions.
As used in this chapter, the following terms shall have the meanings ascribed to them in this section:
Booking Service. Any reservation and/or payment service provided by a person or entity that facilitates a short-term rental transaction between a short-term rental host and a prospective short-term rental guest, and for which the person or entity collects or receives, directly or indirectly through an agent or intermediary, a fee or compensation in connection with the reservation and/or payment services provided for the short-term rental transaction.
City. City of Saint Paul
Compensation. Remuneration or anything of economic value that is provided promised or donated primarily in exchange for services rendered. This includes, but is not limited to, voluntary donations, and fee-sharing.
Director. The Director of the Department of Safety and Inspections or his or her designee.
Dwelling. A building that contains one-, two-, or multiple dwelling units, intended or designated to be used, rented, leased, let or hired out to be occupied for living purposes.
Dwelling Unit. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Guest. Any person or persons renting a short-term rental.
Responsible Party. An individual(s) with the legal authority to make and act on decisions of tenancy, building maintenance, complaints and repairs relating to applicable safety codes. The Responsible Party must be available as a point of contact for the City as well as any Short-term rental guest(s) for the duration of the guest(s) stay in the Short-term rental.
Owner. Any person who, alone or with others, has title or interest in any building, property, dwelling, dwelling unit or portion thereof, with or without accompanying actual possession thereof, including any person who as tenant, agent, executor, administrator, trustee, or guardian of an estate has charge, care, control of any -dwelling or dwelling unit.
Person. Any individual, firm, corporation, association, governmental entity, or partnership and its agents or assigns.
Short-term rental advertisement. Any method of soliciting use of a dwelling or dwelling unit, or a portion of a dwelling unit for short-term rental purposes.
Short-term rental. A dwelling unit, or a portion of a dwelling unit, rented for a period of less than thirty (30) days. No more than one (1) rental of a short term rental dwelling unit or portion thereof shall be permitted per day. Use of a short term rental dwelling unit for any commercial or social events is prohibited.
Short-term rental host. Any person who is the owner or tenant of a dwelling unit, or portion thereof who provides a dwelling unit, or portion thereof, for short-term rental use.
Short-term rental host registry. A log of information maintained by the short-term rental host.
Short-term rental platform. A person or entity that provides a means through which an owner or tenant of a dwelling unit, or portion thereof, may offer the dwelling unit, or portion thereof, for short-term rental use and from which the platform derives revenue, including but not limited to, booking fees or advertising revenues from providing or maintaining booking services. This service includes but is not limited to allowing a short-term rental host to advertise the dwelling unit, or portion thereof, for short-term rental use through a website provided by the short-term platform and providing a means for potential users to arrange payment for use of the short-term rental, whether the user pays directly to the owner or tenant or to the short-term rental platform.
Sec. 379.02 License required.
(a) It is unlawful for any person to operate as a short-term rental platform within the City without a valid short-term rental platform license issued pursuant to this chapter.
(b) It is unlawful for any person to engage in Short-term rental advertisement or operate as a short-term rental host within the City without a valid short-term rental host license issued pursuant to this chapter.
Sec. 379.03 License fee and license term.
(a) The annual fees for the issuance of a short-term rental platform license and short-term rental host license shall be established by ordinance as provided in Chapter 310.09 of the Legislative Code.
(b) A short-term rental platform license and short-term rental host license shall expire one year from the date the license is issued and must be renewed annually.
(c) Short-term rental platform licenses and short-term rental host licenses are non-transferable.
Sec. 379.04 License investigation and issuance of Short-term rental host and Short-term rental platform license.
(a) Upon receipt of an application for the issuance or renewal of a Short-term host license or Short-term rental platform license., the Director and the Police Chief must investigate the application for compliance with all applicable provisions of this code.
Sec. 379.05 License applications.
(a) Short-term rental platform license:
1. Application for the issuance or renewal of a short-term rental platform license shall be made in writing to the Director on a form provided by the Director and comply with requirements set out in Chapter 310 of the Legislative Code.
2. No license may be issued pursuant to this chapter if Short-term rental platform license held by the applicant, officer or any other person holding a twenty-five (25) percent or greater beneficial interest in the property to be used as a short-term rental has been revoked for any reason other than nonpayment of license fees within the previous five (5) years.
3. In addition to grounds for adverse action set out in Chapter 310 of the Legislative Code, adverse action may also be taken if
The applicant, officer or any other person holding a twenty-five (25) percent or greater beneficial interest in the short-term rental platform has been convicted of a felony within the past five (5) years, or any gross misdemeanor or misdemeanor involving the use of force, possession or sale of a controlled substance, prostitution or indecent conduct.
(b) Short-term rental host license
1. Application for the issuance or renewal of a short-term rental host license shall be made in writing to the Director on a form provided by the Director and comply with requirements set out in Chapter 310 of the Legislative Code.
2. Short-term rental host licenses must be accompanied by an affidavit of compliance attesting that each dwelling unit, or portion thereof, offered for short-term rental use satisfies the safety requirements of this chapter.
3. The application shall include all requested information including the exact location of the dwelling unit or units which will be used as a short-term rental.
4. The applicant shall be Owner(s) of the short-term rental property to be used as a short-term rental. The full legal names and addresses of all corporate officers and persons holding a twenty-five (25) percent or greater beneficial interest in the business shall be provided on the application.
Sec. 379.06 Short-term rental platform general provisions
All short-term rental platforms must comply with the following:
(a) Possess a valid short-term rental platform license issued in the City pursuant to this Chapter.
(b) Provide booking services and/or paid for advertising only for short-term rental hosts who possess valid short-term rental host licenses in the City issued pursuant to this Chapter.
(c) (b) Provide the following information electronically to the City on a quarterly basis:
1. The total number of short-term rentals in the City listed on the platform during the applicable reporting period;
2.The total number of nights each listing in the City was rented through the short-term rental platform during the applicable reporting period.
(d) (c) Inform all short-term rental hosts who register with the short-term rental platform of the short-term rental host’s responsibility to collect and remit all applicable local, state and federal taxes unless the short-term rental platform does this on the host’s behalf.
(e) (d) Agree to rRemove listings from the platform upon notice from the City that a short-term rental host’s has not obtained a license in the city, or the short term rental license has expired or been revoked.
(f) (e) Include the short-term rental host’s license number on the listing.
Sec. 379.07 Short-term rental host general provisions
All short-term rental hosts who offer dwelling units, or portions thereof, for short-term rental use in the City must comply with the following within 5 business days of a request from the Department:
(a) Provide documentation and a signed declaration of compliance attesting to compliance with subsections (b) through (i).
(b) Provide local contact information to all short-term rental guests during a guest’s stay. The local contact must be available to respond to inquiries at the short-term rental during the length of the stay.
(c) Comply with all applicable City, State and Federal Laws.
(d) Ensure that all dwelling units have working smoke detectors and carbon monoxide alarm(s) in every bedroom and on all habitable floors and a properly maintained and charged fire extinguisher.
(e) Post the following information in a conspicuous place within each dwelling unit used as a short-term rental:
1. Emergency contact information;
2. Contact information for the short-term rental host or the Responsible party;
3. Street address;
4. Floor plan indicating fire exits and escape routes;
5. Information about how a guest can contact The City of Saint Paul, Department of Safety and Inspections to report any concerns or complaints; and
6. Maximum occupancy limits.
(f) Maintain liability insurance appropriate to cover the short-term rental use in the aggregate of not less than $300,000 or conduct each short-term rental transaction through a short-term rental platform that provides equal or greater coverage.
(g) Remit all applicable local, state and federal taxes unless the short-term rental platform does this on the short-term rental host’s behalf.
(h) Keep a Short-term rental host registry that includes at a minimum a cumulative tally to date of the number of nights that each listing on the platform is booked for rental during the remaining months of the calendar year and documentation of the amount of rent paid by guests in connection with the rental of each short-term rental listed on the platform during the applicable reporting period.
(i) Provide the Department of Safety and Inspections with accurate information regarding the name and contact information for Responsible Party.
Sec. 379.08 Penalty
Each violation of section 379.02 shall be a petty misdemeanor.
SECTION 2
This Ordinance shall take effect and be in force thirty (30) days following its passage, approval, and publication.