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Home My WebLink AboutOrdinance 6765File Number: 2024-223 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6765 §I 18.03 SUSPENSION AND REVOCATION OF BUSINESS LICENSE (AMENDMENT): AN ORDINANCE TO AMEND § 118 .03 SUSPENSION AND REVOCATION OF BUSINESS LICENSE OF THE FAYETTEVILLE CITY CODE TO ADDRESS THE REVOCATION OF BUSINESS LICENSES FOR SHORT- TERM RENTALS WHEREAS , the Ordinance Review Committee recommends approval ofan ordinance preventing an owner or operator of a short-term rental from reapplying for a business license to operate a short-term rental on the same property for a period of 12 months. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby amends § 118 .03 Suspension and Revocation of Business License by enacting a new subsection (D) as follows: "(D) Revocation of Busines s licens e to Op erat e a Short-Term Rental. (I) Jfa business license to operate a short-term rental is revoked , the owner or operator of the short-term rental may not reapply for a business license to operate a short-term rental on the same property for a period of twelve (12) months. (2) If the property changes ownership following revocation of the business license and a conditional use permit to operate a short-term rental remains active, the subsequent owner may apply for a business license subject to the terms of the existing conditional use permit, provided they receive written approval of the Development Services Director." PASSED and APPROVED on July 2 , 2024 ,,,1111111,,,, Attest ,,,, 11 I TRr-11, : ,,'''(,.~f-• ••f4 r,',., ~ V • ...-y • Uc'. ... , ~ C., ••(_,\I () ,(:' • • ~~ ~ ~~--·.,<'~ ::-• • -..J :: :0 : FAY E.TT EV1LU : : ~ -=. •:--....= Kara Paxton, City lerkTreasurer ~ -z •• -,; c) : f...... ~ \~J -. lrl(At;!{.J~-~~.f ~,,"Y; ,.y • • . • • • e,O ,,, '11111 GTON ,,,,,, This public on was paid for by the City Clerk-Treasurer of the City of Fayetteville , Arkansas. 11111111 '' Amount Paid:$ I 30. 12. Page 1 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-223 MEETING OF JULY 2, 2024 TO: Mayor Jordan and City Council THRU: FROM: Council Member Holly Hertzberg SUBJECT: Amend 118.03 to address revocation of business licenses for short term rentals RECOMMENDATION: The Ordinance Review Committee recommends approval of an ordinance preventing an owner or operator of a short-term rental from reapplying for a business license to operate a short-term rental on the same property for a period of 12 months BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: ATTACHMENTS: Agenda Request Form (#3) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-223 Amend 118.03 to address revocation of business licenses for short term rentals AN ORDINANCE TO AMEND §118.03 SUSPENSION AND REVOCATION OF BUSINESS LICENSE OF THE FAYETTEVILLE CITY CODE TO ADDRESS THE REVOCATION OF BUSINESS LICENSES FOR SHORT-TERM RENTALS WHEREAS, the Ordinance Review Committee recommends approval of an ordinance preventing an owner or operator of a short-term rental from reapplying for a business license to operate a short-term rental on the same property for a period of 12 months. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 118.03 Suspension and Revocation of Business License by enacting a new subsection (D) as follows: "(D) Revocation of Business License to Operate a Short-Term Rental. (1) If a business license to operate a short-term rental is revoked, the owner or operator of the short-term rental may not reapply for a business license to operate a short-term rental on the same property for a period of twelve (12) months. (2) If the property changes ownership following revocation of the business license and a conditional use permit to operate a short-term rental remains active, the subsequent owner may apply for a business license subject to the terms of the existing conditional use permit, provided they receive written approval of the Development Services Director.” 6/12/2024 ORDINANCE NO. ____________ AN ORDINANCE TO AMEND § 118.03 SUSPENSION AND REVOCATION OF BUSINESS LICENSE OF THE FAYETTEVILLE CITY CODE TO ADDRESS THE REVOCATION OF BUSINESS LICENSES FOR SHORT-TERM RENTALS WHEREAS, the Ordinance Review Committee recommends approval of an ordinance preventing an owner or operator of a short-term rental from reapplying for a business license to operate a short-term rental on the same property for a period of 12 months. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 118.03 Suspension and Revocation of Business License by enacting a new subsection (D) as follows: “(D) Revocation of Business License to Operate a Short-Term Rental. (1) If a business license to operate a short-term rental is revoked, the owner or operator of the short-term rental may not reapply for a business license to operate a short- term rental on the same property for a period of twelve (12) months. (2) If the property changes ownership following revocation of the business license and a conditional use permit to operate a short-term rental remains active, the subsequent owner may apply for a business license subject to the terms of the existing conditional use permit, provided they receive written approval of the Development Services Director.” Created: 2024-04-03 16:33:52 [EST] (Supp. No. 32) Page 1 of 2 118.03 Suspension And Revocation Of Business License (A) Grounds That Could Support Suspension or Revocation of Business License. (1) Valid complaints that the business license holder is operating the business in a dangerously unsanitary or unhealthy manner, or in such manner as to unreasonable and adversely affect the peace, health or safety of neighbors or other Fayetteville citizens. (2) The determination that the premises are a fire hazard or otherwise unsafe for occupancy because of violations of building, property maintenance or fire codes. (3) The business is delinquent in submitting Hotel, Motel and Restaurant or city alcohol tax forms or in payment of the city's Hotel, Motel and Restaurant taxes or any other city or state taxes or required fees. (4) The business is being operated in violation of any federal or state law or city ordinance or has had a necessary state or city license suspended or revoked. (5) The business license was procured through fraud or misrepresentation. (B) Notice. If the Director of Development Services has reason to believe that grounds exist that could justify the suspension or revocation of a business license, the director shall mail a letter to the business mailing address shown on the application by first class mail notifying the business owner of the possible grounds to suspend or revoke the license and setting a due process hearing in not less than five (5) nor more than ten (10) business days. The director shall also telephone the business owner using the business phone number provided on the application (as well as the emergency phone number if the owner cannot be reached on the business phone number) and provide the same information as is within the letter. (C) Conduct of the Due Process Hearing. (1) The Chief of Staff shall provide a reasonable space for the due process hearing and shall receive evidence from city employees or others about the grounds to suspend or revoke the business license. (2) The business license holder shall then be granted an opportunity to explain or provide evidence to rebut any allegations and to show why the business license should not be suspended or revoked. (3) After the business license holder has had a reasonable opportunity to explain his side, the Chief of Staff can do one of the following depending upon the Chief of Staff's judgment of the seriousness of any proven ground: (i) Revoke the business license. (ii) Suspend the business license for not more than thirty (30) days. (iii) Place the business on probation status for not more than ninety (90) days on condition that the grounds causing the problems will be remedied by the business license owner and not be allowed to reoccur. If the business license owner complies with the probation, the probation status shall be lifted and no further action shall be taken. If the Chief of Staff determines that the business license owner has failed to correct the problems or new grounds or suspension or revocation have occurred, the Chief of Staff shall conduct a second due process hearing and consider all previous evidence whether or not the business license should be suspended or revoked. (iv) Refuse to revoke or suspend the license which shall remain valid. Any complaint about events leading to the hearing shall not be considered again. (D) Revocation of Business License to Operate a Short-Term Rental. Created: 2024-04-03 16:33:52 [EST] (Supp. No. 32) Page 2 of 2 (1) If a business license to operate a short-term rental is revoked, the owner or operator of the short-term rental may not reapply for a business license to operate a short-term rental on the same property for a period of twelve (12) months. (2) If the property changes ownership following revocation of the business license and a conditional use permit to operate a short-term rental remains active, the subsequent owner may apply for a business license subject to the terms of the existing conditional use permit, provided they receive written approval of the Development Services Director. (Ord. No. 5347, 9-7-10) Form vi 52 NW4\ medza Account#: NWCL5004205 RECEIVE C Company: CITY OF FAYETTEVILLE-CLERKS OFFI JUL 0 9 2024 113 W MOUNTAIN CITY OF FAYET1 VI LLE FAYETTEVILLE,AR 72701 CITY CLERK'S OFFICE Ad number#: 418076 PO#: Matter of: ORD 6765 AFFIDAVIT•STATE OF ARKANSAS 1, Maria Hernandez-Lopez do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6765 Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$130.72. (Includes$0.00 Affidavit Chargc). NWA Democrat Gazette 07/07/24;NWA nwaonline.com 07/07/24 \\vo\11111i111(111/4 Legal Clerk ,. :..0,. +A 3� •. Sebastian _N NOTARY '? State of ARKANSAS,County of _r„. e► ;Q Subscribed and sworn to before me on this 8th day of July, s y'•.�, PV B L\�' o:.g sue,a� \c Q %yti'wai2-ti .PQF so. •'i/0/C0iii1U NZ1��0 TARY PUBLIC Ordinance:6765 File Number: 2024-223 §118.03 SUSPENSION AND REVOCATION OF BUSINESS LI- CENSE(AMENDMENT): AN ORDINANCE TO AMEND §118.03 SUSPENSION AND REV- OCATION OF BUSINESS LICENSE OF THE FAYETTEVILLE CITY CODE TO ADDRESS THE REVO- CATION OF BUSINESS LICENSES FOR SHORT-TERM RENTALS WHEREAS,the Ordinance Re- view Committee recommends approval of an ordinance pre- venting an owner or operator of e short-term rental from reap- plying fora business license to operate a short-term rental on the same property fora period of 12 months. NOW,THEREFORE,BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1:Triat the City Coun- cil of the City of Fayetteville, Arkansas hereby amends § 118.03 Suspension and Revo- cation o1 Business License by enacting a new subsection(0) as follows: 1D)Revocation of Business License to Operate a Short- Term Rental. (1)11 a business license to op- erate a short-term rental is re- voked,the owner or operator of the short-term rental may not reapply fora business license to operate a short-term rental on the same property for a period of twelve(12)months. (2)If fhe property changes ownership following revocation of the business license and a conditional use permit to oper- ate a short-term rental remains active,the subsequent owner may apply for a business li- cense subject to the terms of the existing conditional use per- mit,provided they receive writ- ten approval of the Development Services Director." PASSED and APPROVED on July 2,2024 Approved: Lioneld Jordan,Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid:St 30.72 July 7,2024 418076