HomeMy WebLinkAboutOrdinance 1723
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DOZEMAN
COUNCIL BILL NO. 18
ORDINANCE NO. 1723
Series 2021
TITLE: AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT
RIDGE CODE OF LAWS BY THE ADDITION OF A NEW
ARTICLE XIV ENTITLED HOTEL LICENSES AND IN
CONNECTION THEREWITH, ADDING REFERENCE TO
EXTENDED STAY LODGING IN CHAPTER 26 USE SCHEDULES
WHEREAS, the City of Wheat Ridge 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. § 31-15-101, 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, within the City there are presently nine hotels with a total of
approximately 972 rooms; and
WHEREAS, while these nine hotels represent less than .05% of the total number
of households and businesses in the City, the calls for service from the City's Police
Department to these establishments constitute approximately 10% of the total police
calls; and
WHEREAS, in order to address the significant public safety and related concerns
involving hotels and motels within the City, City Council has determined that it is
necessary to adopt the licensing program for hotels as contained herein; and
WHEREAS, the Council further finds that hotels used for long-term housing
should include minimal amenities sufficient to provide a safe and healthful environment
for persons relying upon such housing.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Hotel licensing program established. Chapter 11 of the Wheat
Ridge Code of Laws concerning licenses, permits, and miscellaneous business
Regulations, is hereby amended by the addition of a new Article XIV, entitled Hotel
Licenses, to read as follows:
ARTICLE XIV HOTEL LICENSES
Sec. 11-500 Findings.
The City Council finds this article is needed for the protection of the health and
safety of the public, and further to that end, finds as follows:
(a) Calls for service at hotels within the City are disproportionately higher than
other businesses and residences. The use of police department
resources in responding to these calls for service is excessive.
(b) The nature of calls for service at hotels include unwanted parties,
disturbances, welfare checks, theft, suspicious persons and vehicles,
drug calls, domestic violence, assaults, motor vehicle thefts and motor
vehicle recoveries.
(c) Hotels with high calls for service evolve into nodes of illegal activity,
including drug dealing, prostitution and other illicit behaviors.
(d) Adopting stronger local requirements to limit illegal activities in hotels and
motels is an essential tool to further combat economic blight in the City.
(e) It is necessary to establish and enforce standards for hotels by providing
for a separate licensing system, including inspection and revocation or
suspension of licenses if determined that the hotel is not operated
consistent with established standards and/or contributes
disproportionately to calls for services or documented rates of illegal
activity.
Sec. 11-501 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 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.
Extended stay lodging is the renting of a hotel room for a duration of stay greater
than 29 consecutive days. Extended stay lodging includes transient lodging
establishments constructed and operated to provide accommodations for longer term
stays by including additional common area amenities and in-room cooking facilities
beyond what might be provided in the standard hotel establishment.
Hotel is a transient lodging establishment renting individual rooms for temporary
occupancy and typically not including facilities for cooking. The term "hotel" includes
establishments also known as "motels."
Licensed premises include a hotel and its buildings, land, parking areas and
accessory structures.
Sec. 11–502. License required; licensee fee; license renewals.
(a) Issuance: No person shall conduct or operate a hotel without first having
obtained a hotel license issued by the City as required by this article. This
requirement to obtain a hotel license is in addition to the requirement to obtain a
business license pursuant to article II of this chapter. Applicants for a hotel
license shall pay the applicable fee.
(b) Renewal: The renewal of an existing hotel license issued pursuant to this article
shall be granted upon the payment of the annual license fee and the filing of a
completed renewal application in the form set forth in section 11-503 with the
treasurer at the same time as the renewal application for the business license for
the hotel. The treasurer may waive the timely filing requirement if the licensee
demonstrates in writing that the failure to complete timely filing is not solely the
result of neglect.
(c) The failure to approve or renew or the denial or revocation of either the hotel
license or the business license for that operation shall automatically revoke the
corresponding business or hotel license, as applicable.
(d) Term: The term of a hotel license shall be one year and shall run concurrently
with the associated business license under Article II of this chapter.
Sec. 11-503. Application form; processing.
(a) All applicants for a hotel license shall file a completed application with the
treasurer on forms provided by the treasurer.
(b) The completed application shall contain the following information and shall be
accompanied by the following documents:
(1) The business name and address of the applicant. If the applicant intends
to operate the hotel under a name other than that of the applicant, the
applicant shall state the business name to be used and submit copies of
documentation evidencing the registration of the business name under
applicable laws.
(2) Each individual applicant, partner of a partnership, managing officer or
managing director of a corporation, the manager of a limited liability
company and all business managers shall be named in each application
form.
(3) If the applicant is:
a. An individual, the individual shall state such person's legal name
and any aliases and submit satisfactory proof that the individual
is eighteen (18) years of age or older;
b. A partnership, the partnership shall state its complete name and
the names of all partners, whether the partnership is general or
limited, and provide a copy of the partnership agreement, if any;
c. A corporation, the corporation shall state its complete name, the
date of its incorporation, evidence that the corporation is in good
standing under the statutes of the State of Colorado, or in the
case of a foreign corporation, evidence that it is currently
authorized to do business in the State of Colorado, the names
and capacity of all officers, directors, and the name of the
registered corporate agent and the address of the registered
office for service of process;
d. A limited liability company, the company shall state its complete
name, the date of its formation, evidence that the company is in
good standing under the statutes of the State of Colorado, or in
the case of a foreign company, evidence that it is currently
authorized to do business in the State of Colorado and the name
of its members, the manager, and registered agent and the
address of the registered office for service of process.
(4) The location of the hotel, including a legal description of the property,
street address, and telephone number(s).
(5) For renewal applications, proof of compliance with requirements outlined
in Section 11-504.
Sec. 11-504. 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:
(a) 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.
(b) The applicant shall demonstrate participation in the City's certified crime free
hotel/motel program, as evidenced by the approval of the Wheat Ridge Police
Department.
(c) 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.
(d) The applicant shall demonstrate compliance with the City's landscape inspection
program, as applicable and as certified by the Community Development
Department.
(e) 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.
(f) The applicant shall establish and maintain an approved security plan, including
crime prevention through environmental design, video surveillance, security
guards, fencing, and lighting, as approved by the City's police department.
Sec. 11-505. Approval or denial of application
(a) A completed license application shall be reviewed by the Police Department prior
to action by the treasurer. The application shall be approved or denied by the
treasurer within thirty (30) days of the date of filing. The application shall be
denied if:
(1) the applicant fails to satisfy the eligibility requirements of section 11–504;
(2) the application or any investigation performed or ordered by the city
establishes that the proposed licensee fails to conform to any requirement
of this article, the Wheat Ridge Code of Laws or other applicable law; and
(3) the applicant knowingly made a false statement or knowingly gave false
information in connection with the application; or
(4) the applicant is overdue in payment to the city of taxes, fees, fines or
penalties assessed against the applicant or imposed against the applicant.
(b) Nothing in this article shall prevent the treasurer from revoking approval if it is
discovered that the application contained or included false or incorrect
statements, or information which would otherwise constitute sufficient grounds for
the denial of the application. The decision of the treasurer to approve or deny a
license application shall not be construed as a quasi-judicial act but shall be a
final administrative decision of the City.
(c) In the event the treasurer denies the license application the treasurer shall
prepare a decision stating the reasons or basis for the denial. A copy of the
findings and decision shall be sent to the address of the applicant as shown on
the application within 10 days after the date of denial. The denial shall become a
final administrative decision of the City on the 14th day following the date of the
decision unless the applicant files a timely appeal, as provided by section
11-507.
Sec. 11–506. 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.
(1) Failure of the licensee to achieve and maintain the eligibility requirements
described in section 11-504; provided, however, the treasurer shall offer
the licensee notice and opportunity to cure the identified violations at least
30 days prior to taking further adverse action.
(2) Incidents of disorderly conduct in violation of Chapter 16 of this Code have
occurred upon the licensed premises or upon any parking areas,
sidewalks, access ways or grounds within the immediate neighborhood of
the licensed premises involving a customer, manager and/or employee of
the licensee;
(3) The licensee, manager, or any employee thereof illegally offered for sale
or illegally allowed to be consumed or possessed upon the licensed
premises or upon any parking areas, sidewalks, walkways, access ways
or grounds immediately adjacent to the licensed premises, narcotics or
dangerous drugs;
(4) The licensee or manager is not upon the licensed premises at all times if
the premises is open for business;
(5) The licensee, manager or employee has allowed or permitted patrons and
employees to engage in acts of prostitution, negotiations for acts of
prostitution within the licensed premises or upon any parking areas,
sidewalks, access ways or grounds immediately adjacent thereto;
(6) The licensee, manager or employee has allowed or permitted customers
to engage in public displays of indecency, or has allowed or permitted
customers to engage in acts of public urination or defecation within the
licensed establishment upon any parking areas, sidewalks, access ways
or grounds immediately adjacent thereto;
(7) The licensee or manager knowingly made a false statement or knowingly
gave false information in connection with an application for license or for a
renewal of a license;
(8) The licensee has failed to maintain books or records sufficient to properly
document the permitted length of stay of individual customers;
(9) The licensee is delinquent in payment to the city for taxes or fees.
(b) Summary suspension: the treasurer shall have the discretion to summarily
suspend a hotel license in the event the treasurer determines that an immediate
threat to public health, safety or welfare is posed by the licensee's failure to
comply with the requirements of this Article or any conditions of its existing
license. In the case of a summary suspension, the licensee shall be afforded a
right of appeal substantially in the manner provided at Section 11-507(b) and (c).
(c) Suspensions of a hotel license may be for any term up to a maximum of the
amount of time remaining in the one-year term of the license as issued.
Sec. 11-507. Suspension, revocation and appeal procedures
(a) The city treasurer shall have the authority to suspend or revoke hotel licenses. In
so acting, the treasurer shall apply the relevant eligibility requirements and
standards contained in this article.
(b) Appeals. In the event the treasurer denies, does not renew, suspends or revokes
a license, the applicant shall have the right to a quasi-judicial hearing before an
administrative hearing officer appointed by the city. A written request for hearing
shall be made to the treasurer within ten (10) days of the date of mailing of the
treasurer's written decision. The hearing shall be conducted within thirty (30)
days of the date of the treasurer's receipt of written request for hearing unless a
later date is requested by the applicant.
(c) The procedure for the appeal to and in consideration by the administrative
hearing officer shall be conducted substantially in the manner described at and
sections 11–31 and 11-32 of this Code, provided, however, that the hearing shall
be conducted by an administrative hearing officer appointed by the city in
compliance with section 2-87.
(d) Except in the case of a summary suspension, the hotel may continue to operate
during the appeal process and until the final decision of the hearing officer is
rendered.
Sec. 11-508. License addendum for extended stay operations.
(a) Application. As a part of or separately from an application for a hotel license
under this article, the applicant may also apply for the right to offer extended stay
lodging as defined in section 11-501 in all or portions of the licensed hotel
property. Applications for an extended stay addendum to a hotel license shall be
filed on forms provided by the treasurer and shall include the following
information:
(1) Number of rooms and a percentage of square footage in the hotel to be
devoted to extended-stay operations.
(2) Certification of compliance with requirements of subsections (b), (c) and
(d) below have been met with respect to the proposed extended-stay
component of the hotel operation.
(3) Evidence of all required zoning and development approvals under Chapter
26 of the Code of Laws and demonstrated compliance with any conditions
of approval.
(4) Evidence of a valid business license.
(b) Zone district compliance: extended-stay facilities are allowed only in the following
zone districts:
(1) commercial-one (C1) as a special use permit process
(2) commercial-two (C2) as a special use permit process
(3) mixed-use commercial (MU–C), and all MUC subdistricts as a conditional
use permit process; and
(4) mixed-use-neighborhood (MU-N) as a conditional use permit
The applicant, in addition to a precondition of the issuance of an extended-stay
hotel license addendum, must apply for and obtain approval of the relevant
special use under the procedures set forth in section 26-114 of this Code.
(c) In-room characteristics. The following in-room characteristics are required for all
lodging units permitted as extended-stay lodging:
(1) Minimum size for entire unit: 300 square feet
(2) Minimum size for living room: 120 square feet
(3) A defined bedroom must be provided separate and apart from other
portions of the unit
(4) The following minimum kitchen/cooking facilities are required (but may not
be located in the defined bedroom or bathroom): refrigerator, cooktop,
dedicated sink, cabinets with cooking/dining supplies
(5) The maximum sleeping occupancy per room or unit shall be 2 persons per
dedicated bedroom
(6) Personal possessions may not be stored on exterior balconies, interior
corridors or in a manner that prohibits adequate movement and
ingress/egress within the unit, with the exception on balconies for items
such as bikes, strollers, and coolers
(7) Housekeeping must be available, although an additional charge may be
made for the same
(d) Common area characteristics:
(1) The following common area amenities must be available to the residents
of all extended stay lodging facilities:
a) 24-hour desk staffing;
b) prohibition of storage of any personal possessions within shared
common areas of the building and/or site;
c) universal wireless internet available included within room charge;
d) In-room or common area laundry facilities adequate for number of
guests;
(2) A minimum of 3 of the following common area amenities shall be provided
at the choosing of the extended stay lodging licensee, subject to the City's
review and approval:
a) business center of a size at least 120 square feet
b) a fitness center of at least 350 square feet for every 200 rooms
c) a swimming pool at least 15 x 25 x 4 feet
d) meeting areas or conference rooms
e) on-site restaurant or other available food options provided adequate for
number of guests
As part of the review process for the extended-stay lodging license addendum,
the treasurer may determine that one or more of the foregoing amenities in this
subsection (2) is not required, taking into consideration the age, location and size
of the hotel property itself, as well as the portion thereof proposed to be devoted
to extended stay lodging.
(e) Duration of stay: Duration of occupancy in any extended stay lodging unit may be
for a period of 30 consecutive days or more.
(f) Guest behavior: Persons renting an extended stay unit in a hotel with a valid
extended-stay hotel license addendum under this article must be present in the
unit at all times during which other persons are also present. In addition, persons
renting the unit may not:
(1) sublet the unit to any other person; or
(1) permit occupancy of the unit by any person other than the registered guest
or guests.
Sec. 11–509. Implementation schedule.
It is the intention of the City that existing hotels within the City be given the sufficient
time to make the operational and physical modifications and improvements necessary
to satisfy the eligibility requirements in section 11-504. Accordingly, the following
implementation schedule for this article is adopted:
(1) existing hotels shall have until January 1, 2022 within which to submit an
application and application fee for a hotel license
(2) the city treasurer shall have 30 days within which to review applications for
existing hotels
(3) a hotel, once licensed, shall comply with the schedule to achieve the
required CFS metric in Section 11-504(a)
(4) existing hotels shall have until June 30, 2022 to limit the duration of guest
stays to less than thirty (30) days, unless the hotel has applied for and
received an extended stay addendum under Section 11-508
(5) On or before June 30, 2023, and every 18 months thereafter, the Council
shall conduct a review of the implementation of this Article and shall
consider any amendments deemed appropriate in response to that review.
Section 2. Section 26-204 is amended by the addition of the following line entry at
the appropriate alphabetical location in the Table of Uses – Commercial and Industrial
Districts:
Uses Notes NC RC C-1 C-2 C-3
Extended stay lodging See Ch.11 Art XIV S S
Section 3. Section 26-316.B is amended to read:
(B) Permitted. Uses. Permitted uses shall be a mixture of residential and commercial
uses governed by approval of the outline development plan. EXTENDED STAY
LODGING SHALL BE PERMITTED ONLY IN PLANNED MIXED USE
DISTRICTS AND PLANNED COMMERCIAL DISTRICTS, AND ONLY AS A
SPECIAL USE SUBJECT TO THE STANDARDS IN CHAPTER 11, ARTICLE
XIV.
Section 4. Section 26-1111.B is amended by the addition of a note in the line entry
under Hospitality and Entertainment- Hotels, motels and extended stay lodging, to read:
Use Group MU-C MU-C
Interstate
MU-C
TOD
MU-N
Hotels, motels and extended stay
lodging:
See Ch 11, Art. XIV
P P P P
Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days after
final publication, as provided by Section 5.11 of the Charter, provided, however, that
implementation of requirements of this ordinance shall be as set forth in code section
11-509, adopted hereby.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 11th day of October 2021, 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 October 25, 2021 at 7:00 p.m., as a virtual meeting and in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, if allowed to meet in
person on that date per COVID-19 restrictions.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 8 to 0 on this 25th day of October 2021.
SIGNED by the Mayor on this 27th day of October, 2021.
Bud Starker, Mayor
ATTEST:
Stephen Kirkpatrick, City Clerk
Approved as to Form:
Gerald E. Dahl, City Attorney
First Publication: October 14, 2021
Second Publication: October 28, 2021
Effective Date: November 12, 2021
Published:
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