ORD 22-927 - Establishing Licensing Program for Hotels & MotelsORDINANCE NO.22-927
AN ORDINANCE of the City of Federal Way, Washington,
establishing a licensing program for hotels and motels to protect public
safety; adding a new Chapter 12.55 including sections 12.55.010,
12.55.020, 12.55.030, 12.55.040, 12.55.050, 12.55.060, 12.55.070,
12.55.080, 12.55.090, 12.55.100, and 12.55.110.
WHEREAS, the City of Federal Way ("City") is a non -charter code city pursuant to Title
35A RCW; and
WHEREAS, the failure to address criminal nuisance conditions existing on hotel and motel
properties can present significant health, safety, and welfare concerns to the City, and can have a
tremendous negative impact upon the quality of life, safety, and health of the neighborhoods where
they are located; and
WHEREAS, conditions that facilitate criminal conduct at hotels and motels can also be a
financial burden to the City due to repeated calls for service at these locations; and
WHEREAS, it is in the public interest for the City Council to adopt a licensing program in
FWRC Title 12, providing required standards for hotels and motels based on the number of calls
for service regarding such hotels or motels, in the interest of public health and safety.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) The recitals set forth above are hereby adopted and restated as findings of fact.
(b) These code amendments are in the best interest of the residents of the City and will
benefit the City as a whole by protecting public health and safety.
Ordinance No. 22-927 Page 1 of 9
Section 2. A new chapter 12.55 "Hotels and motels" of the Federal Way Revised Code is
hereby added including sections 12.55.010, 12.55.020, 12.55.030, 12.55.040, 12.55.050,
12.55.060, 12.55.070, 12.55.080, 12.55.090, 12.55.100, and 12.55.110 to read as follows:
Article I. Generally
12.55.010 Definitions.
The definitions in this section Uply throughout this chapter unless the context clearly requires
otherwise. Terms not defined here are defined according to FWRC 1.05.020.
"Hotel" or "motel" means a single building or group of buildings operated by a for profit business
containing individual sleeping units. intended for transient occupancy.
"Call for service" means any police response to a criminal incident occurring in or on the premises
of a hotel or motel that is dispatched through the 911 call service center.
"Annual calls for service per room" means the number of calls for service regarding a hotel or
motel for the most recent January 1 st to December _31 st period, divided by the total number of
rooms available for rent in the hotel or motel.
"Police officer" means any authorized agent of the Federal Way police department or other law
enforcement authorized to enforce the law within the City.
Article II. Licenses
12.55.020 License for business required.
It is unlawful to operate a hotel or motel unless such establishment or premises is licensed a5
hereinafter provided.
12.55.030 License a lications.
(1) All applications for license or license renewal shall be made to the City Finance Department
on a form prescribed by the Finance Director, and shall include the following information:
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a The name address and contact telephone number of the license holder,•
(b) The business name, address, and telephone number of the establishment to be licensed;
(e) The names, titles, addresses, and telephone numbers of those who will act as the principle
point of contact with the city, and
(d) A declaration of the total number of rooms for rent available at the establishment.
(2) The city shall notify the applicant within fifteen working days of submittal of a license or
license renewal application if the application is deemed incomplete and shall specify what
additional information is required.
12.55.040 License fee.
(1) The license fee for hotels and motels, as required in this chapter, is $500.00 .per year. Such fee
shall be in addition to general business license fees where applicable.
(2) The entire annual license fee shall be paid for the applicable twelve-month period regardless
of when the aulication for license is made. and shall not be prorated for M part of the period
except that if the original a lication for license is made subsequent to December 31 st the license
fee for the remainder of that twelve-month period_ shall be one-half of the annual license fee_
12.55.050 License expiration.
(1) All licenses issued or renewed under the provisions of this chapter shall expire on the thirtieth
day of June of each year, unless previously revoked pursuant to FWRC 12.55.070.
2 Due date. All license fees required by this chapter for either an original license or renewal are
payable to the city at least two weeks prior to the opening of the hotel or motel.
(3) Failure to renew. Failure to renew shall result in expiration of the license and all privileges
granted to the licensee.
12.55.060 License renewal.
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1 For a hotel or motel business to continue operation be and the ex iration of its existing license
an application for renewal trust be submitted to the city prior to the expiration of the existing
license.
(2) Any hotel or motel that is subject to the standards of FWRC 12.55.100 and/or FWRC 12.55.110
must comply with such standards, as verified by the Federal Way police department, as a condition
of license renewal under FWRC 12.55.060.
(3) A late penalty shall be charged on all applications for renewal of a license received later than
seven calendar days after the expiration date. A late penalty shall be charged on all applications
that fail to rectify application deficiencies identified by the city_pursuant to FWRC 12.55.030(2)
within seven calendar days said notice.
The amount of such penalty is fixed as follows;
Days Past Due Late Fee
S — 30 $50
31 — 60 $100
61 and over $200
12.55.070 License suspension or revocation.
(1) If the police chief finds that any licensee has violated or failed to comply with any of the
provisions of this chapter, they shall make a detailed written record of such finding; and inform the
finance director. Upon the recommendation of the police chief, the finance director may revoke,
suspend, or refuse to issue or renew the hotel or motel license for a period of not more than one
e�Such decision shall be made in consultation with the police chief and shall be based on the
severity of the violation(s).
Ordinance No. 22-927 Page 4 of 9
(2) The licensee shall be notified in writing of the grounds for revocation, suspension, or refusal
to issue or renew the hotel or motel license in writing. The revocation, suspension, or refusal to
issue or renew the hotel or motel license shall be effective 10 days after notification to licensee
unless appealed as provided in this chapter.
12-55.080 Appeal.
(1) Generally. Any licensee may appeal the decision of the finance director to revoke, suspend, or
refuse to issue or renew the licensee's hotel or motel license by filing a written notice of appeal
specifying the issues being appealed with the city clerk within 10 days of the date of service of the
notice of revocation, suspension, or refusal to issue or renew the hotel or motel license.
(2) Schedule. Within 10 days of the city clerk's receipt of the appeal, the hearing examiner shall
set a public hearing for a date within 30 days of the city clerk's receipt of the appeal.
(3) Notice. Written notice of the time and place of the hearing shall be served on the appellant by
certified mail no later than seven days prior to the date set for the hearing_
(41 Participation. The city and the appellant may participate as parties in the hearing and each may
call witnesses. Any person may_participate in the public hearing in either or both of the following
ways'•
(a) By submitting written comments to the hearing examiner, either by delivering these
comments to the clerk prior to the hearing or by presenting the written comments to the hearing
examiner a_t_the _hearin _
(b) By appearing in person, or through a representative, at the hearing and making oral
comments directly to the hearing. The hearing examiner ma reasonably limit the extent of
oral comments to facilitate the orderly and timely conduct of the hearing.
Ordinance No. 22-927 Page 5 of 9
(5) Conduct of hearhZg. The hearing examiner shall conduct the hearing on the appeal pursuant to
the rules of procedure of the hearing examiner. The hearing is limited to the issues raised in the
notice of appeal. The appellant shall have the burden of proof by a preponderance of the evidence.
The hearing examiner shall make a complete electronic sound recordingopublic hearing_
b Stay. The sus ension or revocation of a hotel or motel license shall be stayed during the
pendent o�appeal, but a refusal to issue or renew the hotel or motel license is effective until
ordered otherwise.
.(7) Decision. After considering all of the information and comments submitted on the matter, the
hearina examiner shall issue a written decision including findings of fact conclusions and order
affirming, reversing, or modifying the action being appealed based_ on the hearing examiner's
findings and conclusions. Unless a longer period is agreed to by the 4j3plicant, the hearing examiner
shall issue the decision within 10 working days after the close of the public hearing. Notice of the
decision shall be mailed to all parties. The decision of the hearing examiner is final. Failure to
comply with the decision of the hearing examiner shall constitute a misdemeanor.
Article III. Regulations
12.55.090 Regulations dependent on annual calls for service Per room.
(1) Notification. The Federal Way police department shall notify each hotel or motel licensed
under this chapter of the annual calls for service per room attributable to the hotel or motel for the
immediately preceding January 1 St to December 31 st period by no later than January 31 st of each
calendar year, and the corresponding standards applicable to the hotel_ or motel.
(2) Standards applicable. Hotels and motels with annual calls for service per room of less than or
equal to .50 are not subject to regulation under the standards in FWRC 12.55.100 or 12.55.110.
Hotels and motels with annual calls for service per room of greater than .50 must comply with the
Ordinance No. 22-927 Page 6 of 9
standards in FWRC 12.55.100. Hotels and motels with annual calls for service per room of greater
than 2.00 must comply with the standards in FWRC 12.55.100 and 12.55.1 M
12.55.100 Required standards for hotels and motels with annual calls for service per room
of greater than .50.
Hotels and motels with annual calls for service per roam of greater than .50 must meet the
following standards:
(1) Have a representative available on the premises at all times.
(2) Install and operate a surveillance camera with recorder in the lobby for 24 houg pet day. seven
days per week.
(3) Adopt policies to ensure all guests check -in and register, and require that only check -in and
registered guests may stay or visit in any_room.
(4) Post siM stating: No TrespassingNiolators will be Prosecuted.
(5) Post signs stating: Unauthorized Vehicles will be Impounded.
(6) Report all crimes to the Federal Way police department.
(7) Undergo a Federal Way police department crime prevention assessment of the hotel and motel.
1.2.55.110 Required standards for hotels and motels with annual calls for service per room
of greater than 2.00.
Hotels and motels with annual calls for service per room of greater than 2.00 must meet all the
standards identified in FWRC 12.55.100, as well as the_following standards:
(1) Provide 24-hour front desk personnel.
2 Require credit card payments for all transactions.
(_3) Perform criminal background checks on all employees.
(4) Install and operate surveillance cameras with recorders in all parking lots and common areas
for 24 hours per day, seven days per week.
Ordinance No. 22-927 Page 7 of 9
(5) Install lighting in all common areas providing a minimum of 1.5 foot-candles at ground level.
(6) Maintain a daily key log. For each key that is found to be missing, the corresponding lock must
be re -keyed prior to the room being rented.
(7) Hold semi-annual emplpyee training sessions on reducing crime, assisted by the Federal Way
police department.
(8) Issue Parking passes to all vehicles allowed to park on the premises, with each pass marked
with date of issuance and expiration.
(9) Follow Crime Prevention Through Environmental Design (CPTED) standards for landscaping
and plant maintenance.
(10) Prohibit rental of rooms for less than a six -hour period.
(H) Submit to scheduled semi-annual audits by the Federal Way police department to verify
compliance with the above -referenced requirements, and to receive additional feedback and
recommendations regarding reducing criminal activity on the premises.
Section 3. Severabilily. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to any other persons
or circumstances.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Ordinance No. 22-927 Page 8 of 9
Section 5. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way this 4th day of January, 2022.
CITY OF FEDERAL WAY:
F LL, MAYOR
ATTEST:
SVP14ANIE COURTNEXPMC, CITY CLERK
APPROVED AS TO FORM:
��gL-q
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 12/01/2021
PASSED BY THE CITY COUNCIL: 01/04/2022
PUBLISHED: 01/07/2022
EFFECTIVE DATE: 01/12/2022
ORDINANCE NO.: 22-927
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