ATTACHMENT A
1 ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 5, CHAPTER 5.16, SECTION 5.16.010 AND ADDING CHAPTER 5. 82 TO THE STOCKTON MUNICI PAL CODE RELATING TO
SHORT-TERM RENTALS
BE IT ORDAINED BY THE CITY CO UNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION I. AMENDMENT OF CODE
Title 5, Chapter 5.16, section 5.16.010 of the Stockton Municipal Code is amended to read as follows:
5.16.010 Licenses or permits required.
The license or permit required for any of the following is in addition to any business license required under this title:
Acid, storage Ch. 15.12
Apartment houses Ch. 8.32
Auctioneers Ch. 5.24
Auctions Ch. 5.24
Bicycles Ch. 10.12
Bonfires Ch. 15.12
Calcium carbide, storage Ch. 15.12
Camp cars and campgrounds Ch. 5.80
Card rooms Ch. 5.36
Commercial fat rendering Ch. 15.12
Discharge of industrial wastes Ch. 13.08
Dog kennels Ch. 6.04
Dogs Ch. 6.04
Explosives, storage, and handling Ch. 15.12
Explosives, transportation Ch. 10.04
Firearms, use and discharge Ch. 9.56
Firearms, sale Ch. 9.60
Fireworks, public use of Ch. 8.92
Flammable liquids, storage and handling Ch. 15.12
Freedom of speech Ch. 9.16
Fumigating Ch. 15.12
Garbage, collection Ch. 8.04
Garden refuse, collection Ch. 8.04
Gasoline portable tanks Ch. 15.12
ATTACHMENT A
2 Goats, cows, sheep, etc. Ch. 6.04
Hotels Ch. 5.80
Junk dealers Ch. 5.28
Liquefied petroleum gases, storage and handling Ch. 15.12 Loading zone hoods Ch. 10.44
Lodging houses Ch. 5.80
Milk, handling and sale Ch. 8.64
Motor buses, operations Ch. 5.92
Oil burner systems, installation, etc. Ch. 15.12
Paint burning Ch. 15.12
Pawnbrokers Ch. 5.28
Potassium chlorate, storage Ch. 15.12
Private patrol systems and watchmen Ch. 5.40
Refrigerator systems, installation, etc Ch. 15.12
Second-hand dealers Ch. 5.28
Sewer connections for persons outside City limits Ch. 13.08 Short-Term Rentals Ch. 5.82
Spray painting Ch. 15.12
Tank truck loading plants, installation, etc Ch. 15.12
Taxicab business Ch. 5.84
Taxicab drivers Ch. 5.88
Use permits Ch. 16.168
X-ray films, storage and handling Ch. 15.12
SECTION II. AMENDMENT OF CODE
Title 5, Chapter 5.82 is added to the Stockton Municipal Code and shall read as follows:
Chapter 5.82 SHORT-TERM RENTALS
5.82.010 Definitions
For purposes of this chapter, the following definitions apply:
“Advertisement” means any method used to solicit interest in the rental, including internet-based listing or hosting services.
“Applicant” means the person applying for a short-term rental license.
“Booking transaction” means the reservation of a short-term rental between a host and a prospective lodger.
ATTACHMENT A
3 “CC&Rs” (also known as “covenants, conditions, and restrictions”) means limitations and rules placed on a group of homes by a buil der, developer, neighborhood association, or homeowner association.
“Dwelling” has the same meaning as in section 16.240.020.
“Dwelling unit” means one or more rooms that include permanent provision for living, sleeping, eating, cooking, and sanitation that are occupied for residential purposes by one or more persons living as a single housekeeping unit. All rooms within a dwelling unit must have their principal entrance from inside said dwelling unit.
“Hosting platform” means a per son who collects or receives a fee, directly or indirectly, for conducting a booking transaction using any medium of facilitation, including an internet-based platform.
“Lodger” means a person to whom a lic ensee is providing lodging for compensation.
“Licensee” means the person to whom a short-term rental license is issued.
“Property owner” means the owner of the property on which the short-term rental dwelling unit exists, or their agent authorized to lease the short-term rental dwelling unit.
“Short-term rental” means the rental of a dwelling unit for a term of 28 or fewer consecutive days.
“Special event” has the same meaning as in section 12.72.030.
“Transient occupancy tax” means the tax imposed under Chapter 3.28.
5.82.020 License Required
A. No person shall operate a short-term r ental unless there is short-term rental license in effect for that dwelling unit.
B. Upon demand of a peace officer or Cit y employee authorized to enforce this chapter, every person operating a short-term rental shall present the business license that is in effect for that dwelling unit.
C. No person shall operate a short-term rental without the wr itten consent of the property owner.
D. A short-term rental lic ense may not be transferred.
E. A short-term rental license is va lid for one year from the date the license was issued unless it is suspended or revoked sooner.
ATTACHMENT A
4 5.82.030 Application
A. An owner, lessee, or holder of a sim ilar interest in a dwelling unit may apply for a short-term rental license by filing an app lication with the Chief Financial Officer or designee. The application must be on a form approved by the Chief Financial Officer and may require any information or documentation consistent with the pr ovisions of this chapter.
B. To renew a short-term rental licens e, the licensee shall file an application with the Chief Financial Officer. The application must be submitted no later than thirty (30) days prior to the short-term rental license expiration date. Untimely applications to renew short-term rental licenses are subject to a late penalty in the amount established by resolution of the City Council.
C. Every application for a short-term rental license, including renewal applications, shall be accompanied by the short-term rental license application fee in the amount established by resolution of the City Council.
D. No person shall knowingly make a fals e statement of fact or knowingly omit any information that is required in an application for a short-term rental license.
E. For rentals that are not the primar y residence of the licensee, the licensee shall identify by name, addr ess, and contact information, including phone number and email address a property manager who resides wit hin a 30-mile radius of the short-term rental and who will quickly respond to complaints. The licensee shall notify the City of any change in information for the property manager.
5.82.040 Grounds for Denial
The Chief Financial Officer or designee may deny an application for a short-term rental for any of the following reasons:
A. The application is incomplete;
B. The application contains a false or misleading statement or omission of a material fact;
C. The dwelling is subject to an enforce ment action pursuant to any provision of this code, including, but not limited to, Title 8 (Health and Safety) or Title 15 (Buildings and Constructions);
D. The dwelling has more than once been found to be in violation of any provisions of this code, including, but not limited to, Title 8 (Health and Safety) or Title 15 (Buildings and Constructions);
ATTACHMENT A
5 E. The property owner or occupants of the dwelling have more than once been found to be in violation of any applicable law, including, but not limited to, Title 8 (Health and Safety) or Title 15 (Buildings and Constructions);
F. The applicant or the pr operty owner is delinquent on any payment to the City of any fees, penalties, taxes, or any other monies related to the property;
G. Within two years of t he date of application, a sh ort-term rental license for the dwelling was denied for any of the reas ons provided in subsections B through F or revoked; or
H. The operation of a short-term rental by the applicant or at the dwelling is a threat to the public health, safety, or welfare.
5.82.050 Compliance with CC&Rs.
No person shall operate a short- term rental in violation of applicable CC&Rs or similar regulations.
5.82.060 Notice to neighbors
Upon issuance of a short-term rental license, the City will not ify all owners of property within two hundred (200) feet of the licensed short-term rental dwelling unit. The notice will be in writing and contain t he location of the short-term r ental dwelling unit and the contact information for the licensee and the pr operty manager if requ ired under section
5.82.030.
5.82.070 Posting Requirements
A. A licensee shall post a copy of the s hort-term rental license in a conspicuous place in each room in which a lodger is expected to sleep.
B. All persons operating a short-term rental shall id entify the City short-term rental license number in any advertisement for that rental.
5.82.080 Fees and penalties
A. The following nonrefundabl e fees are established and imposed pursuant to the provisions of this chapter:
1. Short-term rental license application and renewal fee;
2. Initial inspection fee for proper ties over five (5) years old;
3. A late penalty for untimely applicat ions as defined in section 5.82.030; and
ATTACHMENT A
6 4. Short-term rent al license appeal fee.
B. The City Council shall establish by resolution the amounts of the foregoing fees, and any penalties.
5.82.090 Taxes
Licensees shall pay the appropriate business operations tax as set forth in Chapter 5.08 and the uniform transient occupancy tax as set forth in Chapter 3.28
5.82.100 Annual Limit
No licensee shall, for compensation, provide lodging for more than an aggregate of two hundred (200) days in any calendar year.
-----
[Option 1] 5.82.110 Occupancy Limit
A. The number of lodgers per short-term rental shall not exceed, the lesser of:
1. Two adults per bedroom, plus two additional adults, not including persons under 18 years of age; or
2. One person, including pers ons under 18 years of age, per 200 square feet of living space; or
3. Sixteen (16) persons.
B. Notwithstanding subsection A, properti es without all the parking spaces that are required by Section 16.64.040 are limited to two adults, not including persons under 18 years of age, per vehicle for each parking space provided.
C. The allowed occupancy of the short- term rental shall be stated on the short- term rental license.
[Option 2] 5.82.110 Occupancy Limit
No licensee shall allow more than six (6) lodgers per short-term rental.
-----
5.82.120 Registry required.
A. A licensee shall keep a register that documents the following information:
ATTACHMENT A
7 1. All dates on which the licensee provided lodging for compensation;
2. The number of lodgers on each date; and
3. The amount of rent paid by lodgers for each night of lodging.
B. A licensee shall maintain this regist er in a printed forma t for at least three (3) years and, except as provided in subsection C below, shall provide the register to the City upon request.
C. The licensee shall provide an updated copy of the regi ster to the City each January, April, July, and October, by sendi ng or delivering the re gister to the City department and address listed on the short-term rental license.
-----
[Option 1] 5.82.130 Special events and temporary activities
No special events are allowed at a short-term rental dwelling unit without first obtaining a permit in accordance with chapter 12.72. No temporary activities that fall within the scope of chapter 16.164 are allowed at a short-term rental dwelling unit without first obtaining a permit in accordance chapter 16.164.
[Option 2] 5.82.130 Special events prohibited
No licensee shall allow any conferences, w eddings, fundraisers, or similar gatherings, including those activities that fall within chapter 12.72 or chapter 16.164, at the short-term rental dwelling unit.
-----
5.82.140 Advertising in violation of this chapter.
A. No person shall make, print, publis h, or disseminate an advertisement for any activity that violates this chapter.
B. All advertisements must include t he rental license number; the maximum occupancy limit; and the transient occupancy tax certificate number.
5.82.150 Enforcement
In addition to the Chief Financial Officer and his or her designee, this chapter may be enforced by the officials provided in section 1.24.020.
ATTACHMENT A
8 5.82.160 Denial, suspension, and revocation of license
A. The Chief Financial Officer or designee may deny, suspend, or revoke any short-term rental license for any of the following reasons:
1. One or more of the circumst ances upon which a short-term rental license could be denied as described in section 5.82.030 exists or has occurred; or
2. The licensee has violated any provision of this chapter.
B. The notice of denial, suspension, or revocation of a license may be appealed by filing the proper appeal in accor dance with chapter 1.44. The appeal must be accompanied by the appeal fee as set forth in section 5.82.070.
C. No short-term rental license may be denied, suspended, or revoked until the licensee is provided a notice of an administrative hearing pursuant to chapter 1.44, except as follows:
1. The license issued pursuant to this chapter may be suspended or revoked immediately upon the determination that the immediate suspension of the license is nece ssary to protect the public health, safety, or welfare.
2. If a license is immediat ely suspended pursuant to subsection (C)(1), the licensee subsequently shall be provided a notice of hearing pursuant to chapter 1.44.
D. A licensee shall return a suspended or revoked short-term rental license to the City within three (3) calendar days of t he receipt of the “administrative order” or following the failure to appeal.
5.82.170 Violations
A. Any person who violates a provision of this chapter is subject to criminal sanctions and administrative penalties pursuant to chapter 1.08.
B. Violations of this chapter are hereby decla red to be a public nuisance subject to a civil action for abatement by the City attorney pursuant to Chapter 1.08.
C. Any person who violates a provision of this chapter is liable for civil penalties pursuant to chapter 1.08.
D. In addition to any other remedy a llowed by law, all remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the City from the pursuit of any other remedy to enforce this chapter.
ATTACHMENT A
9 5.82.180 Hosting platform responsibilities
A. No hosting platform shall accept a fee for any booking transaction unless the host has a valid City-issued short-term rental license.
B. A hosting platform is, and has the responsibilities of, an operator as provided in chapter 3.28 for the limited purposes of collecting the transient occupancy tax for a booking transaction and remitting the ta x to the City in accordance with section
3.28.070 and keeping and preserving records for City inspection in accordance with section 3.28.110.
SECTION III. SEVERABILITY
If any section of this ordinance or t he application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given without the invalid provisions or application, and to this end the provisions of this act are severable.
SECTION IV. EFFECTIVE DATE
The Ordinance shall take effect and be in full force thirty (30) days after its passage.
ADOPTED: ___________________
EFFECTIVE: ___________________
__________________________
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
______________________________
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton