[Ord. No. 15-069 §1, 7-27-2015]
The following definitions shall apply in the interpretation
and the enforcement of this Chapter:
Any building, group of buildings, structure, facility, place,
or places of business where five or more guest rooms are provided,
which is owned, maintained, or operated by any person and which is
kept, used, maintained, advertised or held out to the public for hire
which can be construed to be a hotel, motel, motor hotel, apartment
hotel, tourist court, resort, cabins, tourist home, bunkhouse, dormitory,
or other similar place by whatever name called, and includes all such
accommodations operated for hire as lodging establishments for either
transient guests, permanent guests, or for both transient and permanent
guests. This definition shall not apply to dormitories and other living
or sleeping facilities owned or maintained by public or private schools,
colleges, universities, or churches unless made available to the general
public and not used exclusively for students and faculty, school-sponsored
events, baseball camps, conferences, dance camps, equitation camps,
football camps, learned professional society meetings, music camps,
retreats, seminars, soccer camps, swimming camps, track camps, youth
leadership conferences, or church-sponsored events.
The Department of Community Health or its authorized representative.
[Ord. No. 15-069 §1, 7-27-2015[1]]
No person shall establish, maintain or operate a lodging establishment
within St. Charles County without having first obtained a permit from
the Regulatory Authority.
Exception: This Chapter shall not apply within municipalities
exempt from the provisions of Sections 190.260 through 190.320, Revised
Statutes of Missouri, as amended, pursuant to Section 190.310, Revised
Statutes of Missouri, as amended.
[1]
Editor's Note: Section 3 of Ord. No. 15-069 provided
an effective date of 1-1-2016 for this Section.
[Ord. No. 15-069 §1, 7-27-2015]
A.
Any person who desires to establish, maintain or operate a lodging
establishment shall file a written permit application with the Regulatory
Authority. Said application must contain such information as the Regulatory
Authority may prescribe. Such permits are for terms of two (2) calendar
years. All existing lodging establishments holding such permits must
complete renewal, including payment of the permit fee and any outstanding
penalty fees for prior late payments of permit fees imposed pursuant
to this provision, no later than the December 31st on which the lodging
establishment's current permit expires. Fees for renewal request
must be postmarked no later than December 31 or a penalty fee of fifty
dollars ($50.00) per month will be assessed, in addition to the permit
fee.
B.
A valid permit shall be posted in the establishment so that it is
conspicuous to consumers upon check-in.
C.
A permit is valid for a two-year term beginning January 1 of an even
calendar year and ending December 31 of the following calendar year
unless suspended or revoked.
D.
The permit fee shall be four hundred fifty dollars ($450.00) for
a lodging establishment. Fees for permits issued after the beginning
of the two-year term identified above shall be prorated as follows.
E.
The fee for reinspection to determine correction of a violation found
in an inspection shall be fifty dollars ($50.00).
F.
The Regulatory Authority may waive late fees required by Subsection (A) of this Section if an application for a permit is received no later than thirty (30) days after the date on which it was due, and the applicant had timely submitted its application and application fee for the preceding permit period.
[Ord. No. 15-069 §1, 7-27-2015]
All lodging establishments shall be constructed and operated
in a safe and sanitary manner, and in accordance with the State of
Missouri's laws and regulations for lodging establishments and,
where applicable, the provisions of the Ordinances of St. Charles
County, Missouri ("OSCCMo"). Where a conflict exists between the laws
and regulations of the State of Missouri and the OSCCMo, the provisions
of the OSCCMo shall prevail.
[Ord. No. 15-069 §1, 7-27-2015]
A.
Prior to approval of an application for a permit, the Regulatory
Authority shall have on file the latest inspection report showing
that the facility has passed their inspection and are in good standing.
The Regulatory Authority shall issue a permit to the applicant if
his/her inspection reveals that the proposed lodging establishment
complies with the requirements of this Chapter.
B.
An inspection of a lodging establishment shall be performed at least
once every other year. Additional inspections of a lodging establishment
shall be performed as often as necessary for the enforcement of this
Chapter:
C.
Every facility shall be inspected according to state laws and regulations;
however, no more than fifteen (15) guest rooms selected at random
by the Regulatory Authority shall be inspected for any lodging establishment.
D.
Representatives of the Regulatory Authority, after proper identification,
shall be permitted to enter any lodging establishment at any reasonable
time for the purpose of making inspections to determine compliance
with this Chapter.
[Ord. No. 15-069 §1, 7-27-2015]
A.
The Regulatory Authority may, without warning, notice, or hearing, suspend any permit to operate a lodging establishment if the holder of the permit does not comply with the requirements of this Chapter, or if the operation of the lodging establishment does not comply with the requirements of this Chapter, or if the operation of the lodging establishment otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of the notice required by Subsection (E) of this Section. When a permit is suspended, lodging establishment operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for hearing within ten (10) days of receipt of a written request for hearing.
B.
Whenever a permit is suspended, the holder of the permit shall be
notified, in writing, that the permit is, upon service of the notice,
immediately suspended and that an opportunity for hearing will be
provided if a written request for hearing is filed with the Regulatory
Authority by the holder of the permit within ten (10) days. If no
written request for hearing is filed within ten (10) days, the suspension
is sustained. The Regulatory Authority may end the suspension at any
time if reasons for suspension no longer exist.
C.
The Regulatory Authority may, after providing opportunity for hearing,
revoke a permit for serious or repeated violations of any of the requirements
of this Chapter or for interference with the Regulatory Authority
in the performance of duty.
D.
Prior to revocation, the Regulatory Authority shall notify, in writing,
the holder of the permit of the specific reason(s) for which the permit
is to be revoked and that the permit shall be revoked at the end of
the ten (10) days following service of such notice unless a written
request for hearing is filed with the Regulatory Authority by the
holder of the permit within such ten-day period. If no request for
hearing is filed within the ten-day period, the revocation of the
permit becomes final.
E.
A notice provided for in this Chapter is properly served when it
is delivered to the holder of the permit or when it is sent by registered
or certified mail, return receipt requested, to the last known address
of the holder of the permit. A copy of the notice shall be filed in
the records of the Regulatory Authority.
F.
The hearings provided for in this Chapter shall be conducted by the
Regulatory Authority at a time and place designated by him/her. The
Regulatory Authority shall make a final finding based upon the complete
hearing and shall sustain, modify or rescind any notice or order considered
in the hearing.
G.
Any party aggrieved by such final finding of the Regulatory Authority
may appeal from that final finding to the Director of Administration.
Such appeal shall be (1) in writing, (2) signed by or for the aggrieved
party, (3) accompanied by a copy of the final finding of the Regulatory
Authority, and (4) received by the office of the Director of Administration
on or by the tenth (10th) working day following the date of the final
finding. A copy of that appeal shall also be delivered to the Regulatory
Authority. Upon receiving the appeal, the Director of Administration
shall review the final finding and the record of the hearing and evidence
received at the hearing conducted by the Regulatory Authority, and
shall sustain, modify or rescind any notice or order issued by the
Regulatory Authority appealed from. Such decision shall be in writing
and delivered to the aggrieved party.
H.
Whenever a revocation of a permit has become final by decision of
the Regulatory Authority or the Director of Administration as the
case may be, the holder of the revoked permit may make written application
for a new permit.
[Ord. No. 15-069 §1, 7-27-2015]
Any person convicted of violating any of the provisions of this
Chapter shall be subject to a fine of not more than five hundred dollars
($500.00) or imprisonment for not more than thirty (30) days, or both
such fine and imprisonment. Each and every day any such violation
continues shall constitute a separate offense.
