§ 17.5-6. Application, fees and requirements.
(a)
Any person desiring to operate a bed and breakfast, hotel, motel, or short-term rental shall obtain an initial lodging accommodation license or renew a previously issued and unrevoked license and shall submit an application along with a nonrefundable processing fee annually to ICE in the form prescribed by ICE. The processing fee for hotels and motels shall be fifty dollars ($50.00). The processing fee for bed and breakfast or short-term rental establishments shall be seven hundred and fifty dollars ($750.00). The Director of ICE is authorized to adjust the fee for bed and breakfast or short-term rental establishments annually based upon the consumer price index (CPI) as ascertained on the first business day of July of each calendar year. The application and all supporting documents shall be retained by ICE. All applications shall include:
(1)
Name, if applicable, and address of establishment;
(2)
Authorization to apply and related documents, based on the following categories:
a.
If the establishment is owned by a corporation, the operator of said establishment shall provide: an affidavit executed by the corporation authorizing the operator to apply for a lodging accommodation license in the name of the establishment as required by this chapter as well as the name, date and state under whose laws such corporation was organized, and if a foreign (out-of-state) corporation, whether such corporation is authorized to do business in the State of Louisiana, the name under which the corporation may be doing business, and the name of the principal officer(s), registered agent and local representatives, and their business addresses;
b.
If the establishment is owned by a partnership, the operator of said establishment shall provide: an affidavit executed by the partnership authorizing the operator to apply for a lodging accommodation license in the name of the establishment as required by this chapter as well as the partnership name under which the partnership may be doing business, and the name, business address of each partner;
c.
If the establishment is owned by a sole proprietorship, the operator of said establishment, if someone other than the proprietor, shall provide: an affidavit executed by the proprietor authorizing the operator to apply for a lodging accommodation license in the name of the establishment as required by this chapter; as well as the name under which the sole proprietorship is doing business, and the name, business address of the natural person who owns, controls or directs the sole proprietorship;
d.
If the establishment is a short-term rental, the operator shall provide the following documents:
1.
If the short-term rental is owned by the operator, an Act of Sale or Deed that establishes the operator as the owner;
2.
If the operator is a lessee or renter, an affidavit executed by the owner of the short-term rental authorizing the lessee or renter to apply for a lodging accommodation license; and a current lease agreement with the signatures of the short-term rental operator and the owner of the property.
3.
Proof of primary residency in one (1) of the following forms, if located in the Old Bucktown Mixed-Use Residential (OBM-1), Old Bucktown Mixed-Use Commercial (OBM-2), Residential Mixed-Use (FC-2), Medical Services (H-1), Medical Services (H-2), Neighborhood Commercial (C-1), General Office (GO-1), General Office (GO-2), or Business Core (BC-1) zoning district:
i.
If the applicant is the owner of the property, Louisiana Homestead Exemption.
ii.
If the applicant is the renter or lessee, two (2) of the following forms of identification:
A.
Valid Louisiana driver's license with matching address of property;
B.
Voter's registration; or
C.
Utility bill with the same address as the property where the short-term rental is to be operated.
4.
An affidavit executed by the operator designating and authorizing the local responsible party.
5.
A copy of the brochure required by this chapter.
6.
Proof that the owner or operator has current, valid, general liability coverage of five hundred thousand dollars ($500,000.00) or more, verified with a current insurance certificate, for the proposed short-term rental property and shall adhere to the following expiration terms:
i.
The insurance company or policy holder shall provide ten (10) days' notice to the department by e-mail or certified mail of expiration or cancellation of the required liability insurance policy.
ii.
Companies shall furnish ICE with satisfactory evidence of required legal liability coverage for each lodging accommodation prior to the expiration of the first seven (7) days of the ten (10) days' notice of cancellation by the respective insurance company. Upon the second notice of cancellation within a period of twelve (12) months: the company shall take action to prevent any future lapse of insurance and shall provide the details of such action in writing; and, regardless of any company action or writing, the company license may still be subject to revocation.
(3)
Number of rental units in each establishment;
(4)
Date of proposed commencement of operation, if initial application;
(5)
Such other reasonable information or data that the parish or the Jefferson Parish Sheriff's Office requires for background investigation; and
(6)
For a renewal application where the establishment has not been subject to a change in ownership or a change in the entity's domicile, then operator shall provide an affidavit to that effect. If the establishment is owned by a corporation, the corporation shall execute the affidavit. If the establishment is owned by a partnership, the partnership shall execute the affidavit. If the establishment is a sole proprietorship, the operator of said establishment, if someone other than the proprietor, shall execute the affidavit. If the establishment is a short-term rental, the property owner shall execute the affidavit.
(b)
Requirements for issuance of lodging accommodation license . ICE shall issue the lodging accommodation license hereunder upon receipt of the completed application and all associated affidavits, the application fee, and the written approval of the Jefferson Parish Sheriff's Office, the parish attorney's office, and PMZ in accordance with the following:
(1)
Approval by the Jefferson Parish Sheriff's Office shall include a complete criminal background investigation of the individual(s) named in the application as owners and/or operators, said investigation to be conducted by the Jefferson Parish Sheriff's Office or its designee, and confirmation that the person(s) subject to the criminal background investigation has/have not been convicted of any crime involving drugs, vice or felony violence in the ten (10) years immediately prior to the date of the application;
(2)
Approval by the parish attorney's office shall include, but not be limited to, verification of the following:
a.
If the establishment is owned by a corporation, then the parish attorney's office shall verify that the corporation does not have an officer or director who is or was an officer, director, partner or sole proprietor of a bed and breakfast, hotel, motel, or short-term rental establishment which has a currently suspended lodging accommodation license or has had a license revoked by Jefferson Parish or any other jurisdiction within five (5) years of the date of the application,
b.
If the establishment is owned by a partnership, then the parish attorney's office shall verify that the partnership does not have a partner who is or was an officer, director, partner or sole proprietor of a bed and breakfast, hotel, motel, or short-term rental establishment which has a currently suspended lodging accommodation license or has had a lodging accommodation license revoked by Jefferson Parish or any other jurisdiction within five (5) years of the date of the application,
c.
If the establishment is owned by a sole proprietorship, then the parish attorney's office shall verify that the sole proprietor is not or was not an officer, director, partner or sole proprietor of a bed and breakfast, hotel, motel, or short-term rental establishment which has a currently suspended lodging accommodation license or has had such license revoked by Jefferson Parish or any other jurisdiction within five (5) years of the date of application;
d.
That the lodging accommodation license of the establishment is not currently under suspension or revocation;
e.
That the applicant has all required licenses and is in good standing with the State of Louisiana and Parish of Jefferson; and
f.
If the establishment is a short-term rental:
1.
That the owner or operator is not or was not the operator of a short-term rental which has a currently suspended lodging accommodation license or has had such license revoked by Jefferson Parish or any other jurisdiction within five (5) years of the date of application; and
2.
That the dwelling unit is the primary residence of the owner or lessee, if required.
(3)
Approval by PMZ shall include, but not be limited to an inspection of the property for compliance with the provisions of this chapter.
(c)
Failure to renew a lodging accommodation license prior to its expiration date renders the expired license immediately invalid. A bed and breakfast, hotel, motel, or short-term rental operator who timely files for an application for a lodging accommodation license or renewal shall be considered to be in compliance provided that the applicant/owner/operator has submitted to the criminal background investigation within seven (7) business days of filing the application and that the operator is otherwise acting in good faith to obtain the required approvals. ICE shall provide written renewal notice to each operator no later than sixty (60) days prior to expiration of the lodging accommodation license. In the event ICE fails to timely send the renewal notice, then the operator shall have sixty (60) days from the date notice is sent to apply for renewal. In the event ICE fails to send a renewal notice, then the operator shall have sixty (60) days from the expiration date to apply for renewal.
(Ord. No. 25513 , § 1, 2-21-18)