HomeMy WebLinkAboutOrdinance - 2019-O0127 - Registration For The Operation Of Short Term Rentals - 09/10/2019 First Reading Second Reading
August 27, 2019 September 10, 2019
Item No. 7.14 Item No. 7.15
ORDINANCE NO. 2019-00127
AN ORDINANCE AMENDING CHAPTER 40 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING ARTICLE
40.06 CREATING A REQUIREMENT FOR A REGISTRATION FOR THE
OPERATION OF SHORT TERM RENTALS AND THE REQUIREMENT TO PAY
HOTEL OCCUPANCY FEES TO THE CITY OF LUBBOCK WHEN OPERATING A
SHORT TERM RENTAL WITHIN THE CORPORATE LIMITS OF THE CITY OF
LUBBOCK; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the proliferation of short term rentals being operated within the City of
Lubbock has increased, and in order to preserve the health, safety, and welfare of local
homeowners, neighborhoods, citizens, and visitors of Lubbock, the institution of a short
term rental registration is necessary, and
WHEREAS, at its regularly scheduled meeting on August 6, 2019, the City of Lubbock
Planning and Zoning Commission (the "Commission") heard a briefing from city staff
regarding the purpose for creating a short term rental registration and certain prohibitions
Of use, and requiring the collection and remittance of hotel occupancy taxes for operating
a short term rental; and
WHEREAS, the Commission recommends approval of the following ordinance
amendments; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT 40.06 of the Code of Ordinances of the City of Lubbock,
Texas, is amended to read as follows:
Chapter 40, Article 40.06
Sec. 40.06.001 Definitions
1. Agent. A person designated in writing by the short term rental operator in lieu of
themselves as the 24-hour emergency contact for a lawfully operating short term
rental.
2 Operator. Any person who operates a short term rental, as defined in this Article.
I Owner. The person or entity that holds legal and/or equitable title to real property.
4. Short term rental. A residential dwelling unit(s) that is rented out for compensation
on a temporary basis for a period of less than 30 consecutive days.
5. Short term rental permit. A permit issued by the city that identifies the address of the
subject property as a lawful short terin rental, the short term rental permit number,the
names and contact information of the owner, operator, and agent, if applicable, and a
24-hour emergency contact phone number for all of the preceding persons.
See. 40.06.002 Short Term Rental Permit Required
(a) It shall be an offense for an owner, operator, or agent to operate a short term rental
without a permit obtained from and authorized by the City of Lubbock.
(b) Permit fee shall be an annual fee of $100.00 and is subject to annual review pursuant
to Section 1.03.004 of the City Code of Ordinances.
(c) A permit issued under this section may not be transferred and does not convey with
the property upon sale.
Sec. 40.06.003 Permit Denial and Revocation
The Director of Planning, or designee, may determine that a permit required under this
section should be denied or revoked for the reasons set forth below. The Planning
Department shall provide written notice of the denial or revocation of a permit to the
applicant, detailing the reason for the denial or revocation of the permit, and a statement
informing the applicant of its right to appeal the denial or revocation of its permit to the
Permit and License Appeal Board, in the manner set out in Chapter 2, Article 2.03 of this
Code of Ordinances.
(a) Denial of Permit. The application shall be denied, and no permit shall be issued, if the
City finds that:
1. Any statement made in the application is incomplete, inaccurate, misleading, or
false; or
The applicant has not complied with this article or has had a history of
noncompliance with the provisions of this article.
(b) Revocation of Permit. The City may revoke a permit due to applicant's failure to
comply with permit requirements, this article, or any applicable federal, state, or
local law or regulation.
See. 40.06.004 Hotel Occupancy Tax Payment Required
(a) An owner, operator, or agent operating a short term rental for use shall assess and
collect the hotel occupancy tax in accordance with Chapter 351 of the Texas Tax
Code, and
(b) Shall timely remit to the City of Lubbock accounting department, or designee, all city
hotel occupancy taxes collected pursuant to state law.
SECTION 2. THAT the effective date of this ordinance shall be January 1, 2020,
except the requirement to obtain a permit which shall become effective October 1, 2019.
SECTION 3. THAT a violation of any provision of this Ordinance shall be
deemed a misdemeanor punishable in accordance with state law and Section 1.01.004 of
the Code of Ordinances of the City of Lubbock.
SECTION 4. THAT should any paragraph, sentence, clause, phrase or work of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of
this Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause publication
of the descriptive caption of this Ordinance as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 27th day of August , 2019.
Passed by the City Council on second reading this 10th day of September 2019.
Liv
DANIEL M. POPE, MAYOR
ATTEST:
�_
Rebecca Garza, City ecr-ta
APPROVED AS TO CONTENT:
Latre e J-o ,
Council 1 ha,: District 6
a t , ounct man, tstrict 5
APPROVED AS TO FORM:
atterw hit , Firsssistant City Attorney
ccdoes//Short Term Rental Ordinance FINAL.