HomeMy WebLinkAboutOrdinance 1771 - Hotel Licensing AmendatoryCITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER HOPPE
COUNCIL BILL NO. 20
ORDINANCE NO. 1771
Series 2023
TITLE: AN ORDINANCE AMENDING SECTIONS 11-561, 11-566, AND 26-114 OF
THE WHEAT RIDGE CODE OF LAWS, CONCERNING THE HOTEL
LICENSING PROGRAM
WHEREAS, the City of Wheat Ridge (the “City”) is a home rule municipality
having all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City,
acting through its City Council (the “Council”), is authorized to adopt ordinances for the
protection of the public health, safety, or welfare; and
WHEREAS, in the exercise of this authority the Council has previously adopted
hotel licensing regulations, codified as Wheat Ridge Code of Laws (“Code”) Article XVI
of Chapter 11, to regulate hotel businesses in order to reduce illegal and criminal
activity in hotel establishments and ensure they are operated in a manner compatible
and consistent with other City licensed businesses; and
WHEREAS, the Code requires the Council to conduct a review of the
implementation of the hotel licensing program and consider any amendments deemed
appropriate in response to the review; and
WHEREAS, the Council conducted the Code required review of the hotel
licensing program at the June 12, 2023 Special Study Session; and
WHEREAS, the Council finds and determines that amendments to the Code to
properly enforce the hotel licensing program’s extended stay provisions, better define
the calls for service rate, and reduce the time an extended stay special use permit
remains in effect are necessary to the continued success of the City’s hotel licensing
program.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. The below definitions in Code Section 11-561 are amended to read
as follows:
Sec. 11-561. - Definitions.
The following words, terms, and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Calls for service are public initiated dispatched calls for police assistance
that are generated by the community, through a call or text to 911 or the
non-emergency line. CALLS FOR SERVICE INCLUDES COMMUNITY
CALLS FOR ANY POLICE RESPONSE SUCH AS NON-CRIMINAL
ACTIVITY, DISTURBANCES, SUPICIOUS VEHICLES OR PERSONS,
AND CRIME REPORTS. CALLS FOR SERVICE DOES NOT INCLUDE
CALLS FOR FIRE OR MEDICAL ASSISTANCE WITHOUT POLICE
RESPONSE, CALLS INITIATED BY THE WHEAT RIDGE POLICE
DEPARTMENT, OFFICER INITIATED TRAFFIC STOPS, ROUTINE
PATROL, OR 911 HANG UPS WITHOUT POLICE RESPONSE.
Calls for service rate is equal to the total calls for service at the licensed
premises divided by the total number of hotel rooms in the applicable
period. CALLS FOR SERVICE RECEIVED ON SEVERE WEATHER
DAYS, AS DECLARED BY THE SEVERE WEATHER SHELTER
NETWORK, ARE NOT INCLUDED IN A HOTEL’S CALLS FOR SERVICE
RATE CALCULATION.
Section 2. Code Section 11-564 is amended as follows:
Sec. 11-564. - Eligibility requirements for hotel license.
No hotel license shall be issued or maintained under this article unless
and until the applicant provides sufficient information to establish, and the
treasurer reviews and determines the sufficiency of the same, of the
following requirements:
(1) The applicant shall have achieved and maintained a call for
service (CFS) rate of 1.8 within twelve (12) months of obtaining a
hotel license. The required CFS rate shall be decreased to 1.5 on
January 1, 2023. The city may in its sole discretion permit extensions
of the twelve (12) month period, not to exceed a total of an additional
six (6) months during which time the hotel license shall be deemed
extended.
(2) The applicant shall demonstrate ANNUAL participation in the
city's certified crime free hotel/motel program, as evidenced by the
approval of the Wheat Ridge Police Department.
(3) The applicant shall have made all necessary corrective actions
in response to matters identified through the city's most recent annual
hotel/motel inspection program report for the subject location, which
program is enforced through the city's police and community
development departments, in cooperation with applicable fire
protection districts.
(4) The applicant shall demonstrate compliance with the city's
landscape inspection program, as applicable and as certified by the
community development department.
(5) The applicant shall demonstrate compliance with the applicable
series of adopted international building and property codes applicable
to the subject property, including the International Property
Maintenance Code, as demonstrated by certification from the city's
chief building official.
(6) The applicant shall establish and maintain an approved security
plan, including crime prevention through environmental design, video
surveillance, security guards, fencing, and lighting, WHICH MUST BE
ANNUALLY as approved by the city's police department.
Section 3. Code Section 11-566(a) is amended by the addition of a new
subsection (10) to read as follows:
Sec. 11-566. - Suspension or revocation of license: grounds.
(a) The treasurer may suspend or revoke a hotel license upon the
treasurer's finding of any of the following facts in the treasurer's
reasonable discretion, based upon available information. It is not required
that any criminal conviction be obtained to support the treasurer's
administrative action.
(10) THE LICENSEE HAS PERMITTED EXTENDED STAY
LODGING WITHOUT AN APPROVED EXTENDED STAY
LICENSE ADDENDUM ISSUED PURSUANT TO SECTION 11-
568.
(1) FOR PURPOSES OF THIS SECTION, THE LENGTH OF
A GUEST’S STAY AT ANY LICENSED PREMISES SHALL
BE MEASURED BY CONSECUTIVE OVERNIGHT STAYS
AT ANY LOCATION WITHIN THE LICENSED PREMISES.
ADDITIONALLY, THE DURATION OF EXTENDED STAY
LODGING ON A LICENSED PREMISES SHALL
CONTINUE TO ACCRUE UNLESS THE GUEST VACATES
THE LICENSED PREMISES FOR SIXTY (60)
CONSECUTIVE DAYS.
Section 4. Code Section 26-114(g) is amended to read as follows:
g. Term.
1. A special use permit is valid so long as the conditions of approval
are maintained by the applicant unless a specific time limit for the
use or development is set forth as part of the permit approval by the
community development director or city council. Except as
otherwise provided herein, if an approved special use ceases
operation for any reason for a period of one (1) year, the special
use permit shall be deemed expired, unless otherwise provided in
the permit itself. If an approved special use for a medical marijuana
center, retail marijuana store, HOTEL AS DEFINED BY SECTION
11-561, or collocated center and store ceases operation for any
reason for a period of six (6) months, the special use permit shall
be deemed expired, unless otherwise provided in the permit itself.
2. If the conditions of a special use permit become the responsibility
of a person or entity other than the applicant, the community
development department shall be notified in writing, identifying the
new person or entity responsible for maintaining the conditions of
the permit. Until such notice is received, the applicant shall remain
responsible for maintaining those conditions. The notice shall be
attached to the permit on file with the community development
department. A special use permit for a medical marijuana center, a
retail marijuana store, A HOTEL AS DEFINED BY SECTION 11-
561, or a collocated center and store may be transferred to a
person or entity other than the original applicant only upon the
review and approval of the community development director. It shall
be the burden of the proposed new permit holder to demonstrate
that its continuation of the special use shall meet the special use
review criteria set forth in section 26-114.D.
Section 5. Severability, Conflicting Ordinances Repealed. If any section,
subsection, or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 6. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this
14th day of August 2023, ordered published in full in a newspaper of general circulation
in the City of Wheat Ridge, and Public Hearing and consideration on final passage set
for August 28, 2023, at 6:30 p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 7 to 0, this 28th day of August 2023.
SIGNED by the Mayor on this 29th day of August, 2023.
Bud Starker, Mayor
ATTEST:
Stephen Kirkpatrick, City Clerk
Approved as to Form
Gerald E. Dahl, City Attorney
First Publication: August 17, 2023
Second Publication: August 29, 2023
Effective Date: September 13, 2023
Published:
Jeffco Transcript and www.ci.wheatridge.co.us