Annual Short-Term Rental Application Packet

ANNUAL SHORT-TERM RENTAL APPLICATION  New $500.00 Fee  Renewal $500.00 Fee License will expire annually on June 30; applications received after July 1 will include $150.00 late fee. SHORT-TERM RENTAL (STR) PROPERTY INFORMATION Address: _______________________________________________________________________________________ Parcel ID: AL-________________________ Maximum Occupancy: (4 guests per bathroom) _______________ Owner Occupied?  YES  NO If Yes, include copy of driver license. PROPERTY MANAGER/OPERATOR INFORMATION Name: _________________________________________________________________________________________ Address: ________________________________________________________________________________________ 24 hour Contact No.: (_______) _______ - _________ DOB: _____ / _____ / __________ Email: ____________________________________________________________________________________ Do you rent or own this property?  Own  Rent If rent, complete Tenant Notification to Property Owner Form PROPERTY OWNER INFORMATION (If different than Property Manager/Operator) Property Owner Name: ____________________________________________________________________________ Phone No. (_____) ______ - ___________ Email: ______________________________________________________ The following documents are to be submitted with the application:  Copy of State of Wisconsin License for a Tourist Rooming House License issued by Brown County Public Health Division under Wis. Stat. Sec. 254.64  Copy of completed State Lodging Establishment Inspection form from Brown County Public Health Division dated within one year of the date of issuance or renewal  Certificate of dwelling insurance issued by insurance company  Copy of Seller’s Permit from the Department of Revenue (only if not listing on lodging marketplace AirBNB)  Floor plan and maximum occupancy (clearly indicate rooms- bedroom, bathroom, ½ bath, kitchen, etc.)  Site plan including available on-site parking (use aerial photo from Brown County GIS website)  Room Tax Permit Application  Tenant Notification to Property Owner Form (if applicable) Once submitted, contact will be made within two (2) weeks to schedule an inspection. Allouez Village Hall 1900 Libal Street, Green Bay, WI 54301 (920) 448-2800 Fax (920) 448-2850 www.villageofallouezwi.gov For Office Use Only: Date Received ____ / ____ / ______ $500 Fee Paid  Receipt Number: _____________________ Permit Number: ___________________________ Background Check Completed  Property Taxes Paid  Yes  No Amount Due: ________________ Date Paid: _____ / ____ / ______ Outstanding Village of Allouez Invoices  No  Yes Amount Due: ________________ Date Paid: ____ / ____ / ______ Inspection Date ____ / ____ / ______ Inspection by: ______________________________________________________ Date Approved ____ / ____ / ______ Approved by: ________________________________________________________ I state that I have read the foregoing answers and the same are true to the best of my knowledge. I understand that any short-term rental license shall comply with all provisions of the Village of Allouez Municipal Code Chapter 270 and I hereby certify that the property meets those requirements. I hereby additionally designate the Property Manager, if any, as an agent for the purposes of accepting service of process in any civil action arising out of/or in conjunction with the use of this license. The Village of Allouez Municipal Code Chapter 270 requires that every applicant will not be issued a license until all debts are paid in full. I hereby certify that I do not have any outstanding debts owing to the Village of Allouez. Owner Signature: _______________________________________________________ Date: ____ / ____ / _______ Property Manager Qualifications: • Be a natural person or a corporate entity with a representative available twenty-four (24) hours a day and accessible by phone. • Applicant does not have pending any criminal charge and has not been convicted of a felony or misdemeanor of any offense involving dishonesty, fraud, deceit, robbery, the use or threatened use of force or violence upon the person of another. • Authorized by the Owner to allow Village employees, officers and their designees, to enter the property for purposes of inspection and enforcement of Ordinance No. 2024-02, Municipal Code Chapter 270. I understand that any short-term rental license shall comply with all provisions of the Village of Allouez Municipal Code Chapter 270. Property Manager/Operator Signature: _____________________________________________ Date: ____ / ____ / _____ Allouez Village Hall 1900 Libal Street, Green Bay, WI 54301 (920) 448-2800 Fax (920) 448-2850 www.villageofallouezwi.gov ROOM TAX PERMIT APPLICATION Parcel No.: AL-______________________________ Address: _______________________________________________________________________________________ Name of Establishment (if applicable): _______________________________________________________________ Owner’s Name: _________________________________________________________________________________ Owner’s Address (if different than establishment): _____________________________________________________ Phone No.: (____) _____ - _________ Email: _________________________________________________________ For CORPORATIONS ONLY: Name of Registered Agent: ________________________________________________________________________ Name of Resident Manager: _______________________________________________________________________ Number of Rooms: _________________ The applicant hereby authorizes the Village Clerk/Treasurer to make the necessary examination and inspection of the books, records and memoranda required to enforce the provisions of Chapter 50 of the Village of Allouez Municipal Code. __________________________________________________________________________ _____ / _____ / ________ Signature of Applicant Date Submit Completed Application to: Village of Allouez Clerk/Treasurer 1900 Libal Street Green Bay, WI 54301 920-448-2800 Email: general@villageofallouezwi.gov For Office Use Only: Received by Clerk/Treasurer: ____ / ____ / ______ Permit No. Issued: __________________________ TENANT NOTIFICATION TO PROPERTY OWNER SHORT-TERM RENTAL (STR) PROPERTY INFORMATION Address: _______________________________________________________________________________________ Tenant/Operator Name: __________________________________________________________________________ Phone No.: (____) _____ - ________ Email: ________________________________________________________  Lease Attachment: A signed copy of the lease is attached, which states a short-term rental operation is allowed in this dwelling unit.  Notice to property owner: I agree to abide by all Village of Allouez regulations for the operation of a short-term rental, as detailed in the Village of Allouez Municipal Code of Ordinances, Chapter 270. Tenant/Operator Signature: _________________________________________________________________________ Date ____ / ____ / _______ PROPERTY OWNER INFORMATION Name: _________________________________________________________________________________________ Company or DAB Name: ___________________________________________________________________________ Address: ________________________________________________________________________________________ Phone No.: (_______) _______ - _________ Email: __________________________________________________  Tenant has notified me of their intent to operate a short-term rental at this dwelling unit, which is allowed in the lease agreement.  I understand tenant will abide by all Village of Allouez regulations for the operation of a short-term rental, as detailed in the Village of Allouez Municipal Code of Ordinances, Chapter 270.  I approve of the proposed operation of a short-term rental operation at this dwelling unit. Property Owner Signature: __________________________________________________________________________ Date _____ / _____ / ________ Allouez Village Hall 1900 Libal Street, Green Bay, WI 54301 (920) 448-2800 Fax (920) 448-2850 www.villageofallouezwi.gov • Short-Term Rental Application Information Allouez Village Hall 1900 Libal Street, Green Bay, WI 54301 (920) 448-2800 Fax (920) 448-2850 www.villageofallouezwi.gov • A short-term rental is a residential dwelling unit provided for lodging for a period of more than 10 nights per year but less than 29 consecutive days, as defined in Wis. Stat. Sec. 66.0615 (1)(dk). If a residential dwelling is rented for 29 days or more at a time, it is considered a standard month to month rental. • A Brown County Health Department license is required for any short-term rental, regardless of the number of rental nights. • DO NOT rent your unit as a short-term rental until licensed by Brown County and the Village of Allouez. • All required application material must be submitted at the same time along with the application fee. Applications that are not complete at submission will be returned to the applicant without processing. • If a residential dwelling unit is listed through a marketplace, make sure they know the 10% room tax remittance is provided for a property in the Village of Allouez. If the marketplace does not collect on your behalf, or if you rent outside of a marketplace, a State Sellers permit through the Department of Revenue for the 5.5% sales tax will need to be obtained. Additionally, the 10% room tax will need to be collected and remitted to the Associated Trust via the attached remittance form. • This is an annual license (July 1 – June 30) through the Village of Allouez and must be renewed every year the home is to be considered a short-term rental. The application and required documents must be submitted with payment every year prior to the current license expiration date. • The Brown County and Village of Allouez inspections must be performed every year. Additional Information: • Brown County Health Department Tourist Rooming House License: https://www.browncountywi.gov/departments/public-health/general-information/services/business- licensing and scroll down to the “Lodging” section. • Village of Allouez Short-Term Rental Code: (include Link) • Wisconsin Tourist Rooming House License information (from Brown County Public Health): https://www.browncountywi.gov/departments/public-health/general-information/services/business- licensing • Village of Allouez Short-Term Rental Inspection Information handout: (attach) Application and Forms: • Annual Short-Term Rental Application • Room Tax Permit Application • Brown County Room Tax form to be submitted quarterly to Associated Trust Company • Tenant Notification to Property Owner (if applicable) Short-Term Rental Inspection Information Allouez Village Hall 1900 Libal Street, Green Bay, WI 54301 (920) 448-2800 Fax (920) 448-2850 www.villageofallouezwi.gov To obtain a short-term rental license in the Village of Allouez, an annual inspection must be completed by the Village Inspector. Below is a summary of what the inspector will be looking at. For more information, please refer to the Municipal Code Chapter 270.  No obvious safety hazards such as a missing handrail, guardrail, or open electrical.  Must have at least one internal bathroom for every four (4) occupants.  Not less than one (1) onsite off-street parking spaces for every four (4) occupants based upon maximum occupancy.  Safe, unobstructed means of egress from the short-term rental leading to safe, open space at ground level.  Shall have functional smoke detectors and carbon monoxide detectors in accordance with the requirements of Chapter SPS 321 of the Wisconsin Administrative Code. o One (1) smoke alarm in every sleeping room o Smoke/Carbon monoxide alarm required outside of each sleeping room within 21’ and on a path of egress. One alarm meeting this requirement can serve more than one sleeping room.  Shall not have an accessible wood burning fireplace unless the property owner provides a certificate from a properly licensed inspector, dated not more than thirty (30) days prior to submission, certifying that the fireplace and chimney have been inspected and are in compliance with National Fire Prevention Association Fire Code Chapter 211 Standard for Chimneys, Fireplaces, Vents, and Solid Fuel- Burning Appliances.  Shall not have a hibachi, gas-fired grill, charcoal grill, or other similar devices used for cooking or any other purpose on any balcony, deck or under any overhanging structure or within ten (10) feet of any structure.  Shall not have a wood burning fire pit or other similar solid fuel fired device used for heating or any other purpose on any balcony, deck or under any overhanging structure or within twenty (20) feet of any structure.  Outdoor gas fire pits shall be listed and labeled for the application in which they are used and meet the setback requirements listed in the manufacturer’s instructions or UL listing.  Electrical receptacles located in the following locations shall have ground-fault circuit interrupter protection: o Bathrooms o Garages and accessory buildings that have a floor located at or below grade level not intended as habitable rooms and limited to storage areas, work areas, and areas of similar use. o Outdoors o Crawl spaces – at or below grade level o Unfinished portions or areas of the basement not intended as habitable rooms. o Kitchens – where receptacles are installed to serve the countertop services. o Sinks – where receptacles are installed within six (6) feet from the top inside edge of the bowl of the sink. Short-Term Rental FAQ What permits do I need to rent my home as a short-term rental? • Village of Allouez Short-Term Rental permit which is obtained with the annual Short- Term Rental Application • Room Tax Permit Application • State of Wisconsin License for a Tourist Rooming House License issued by Brown County Public Health Division • Seller’s Permit from the Department of Revenue (if not listing on lodging marketplace) Does my permit apply to multiple properties? • A separate application and Short-Term Permit must be obtained for each dwelling unit used as a short-term rental. If I sell my property, is my Short-Term Rental Permit transferable? • The Short-Term Rental Permit is NOT transferable. If the property changes ownership, a new permit will be required. What types of rentals do I need to obtain a permit and collect room tax for? • You need to obtain a Short-Term Rental Permit and Room Tax permit if you are renting your home to any person(s) for over 10 days in a 365-day time span and less than 29 consecutive days. My Short-Term Rental is leased through an on-line marketplace or another rental agency. Do I still need a permit? • Yes, the Village requires a municipal permit regardless of how the rental is advertised. How do I collect room tax from guests who are renting my home? • Room tax is a pass-through tax. There are different options to collect room tax and it is up to you to decide what works best for your rental. o The amount can be included in the nightly advertised rate. o You may list through a lodging marketplace, which may offer to collect the tax for you; however, you are responsible to make sure that the room tax is collected and paid. What do I pay Room Tax on? • Room tax is paid on gross lodging sales. If you collect additional money for services or other items, those charges would not be subject to room tax. What records do I need to keep and how long do I need to keep them? • Books and records should be maintained of all rental transactions whether you are renting to a guest directly or through an online platform. Include the days/nights rented, all revenue associated with the rental, and documentation of any deductions taken from the gross revenue prior to the calculation of the room tax due. BROWN COUNTY ROOM TAX COMMISSION SHORT-TERM RENTALS Account #: THE 10% ROOM TAX, EFFECTIVE 7/1/12, collected on retail room rental or lodging is due and payable on or before the 20th day of the following month. Make check, draft, money order payable, or electronic payment(1) to: Associated Trust Company and return with copy to: *** Associated Trust Company, Attn: Trust Operations Dept., P.O. Box 12800, Green Bay, WI 54307-2800 *** Unpaid taxes bear interest at 1.0% per month from the due date and the assessment of a $100.00 late fee. PART I - Facility, Owner and Preparer Information Tax Report for: Allouez Month: Year: Permit No: Facility Name & Address: Owner Name & Address: Preparer Information Name Name Preparer Name Street, Suite, PO Box Street, Suite, PO Box Preparer Phone Number City, State Zip City, State Zip Preparer Signature PART II - Short Term Rental Information Other (2) Total 1. Gross Room Nights Sold 2. Tax Exempt Room Nights Sold 3. Total Room Sales Revenue (w/o Sales Tax) $ $ $ $ $ 4. Less: Tax Exempt Room Sales Revenue $ $ $ $ $ 5. Total Taxable Room Sales (Line 3 - 4) $ $ $ $ $ 6. 8% Room Tax (of Line 5) $ $ $ $ $ 7. 2% Room Tax (of Line 5) $ $ $ $ $ 8. Total 10% Room Tax (Line 6 + 7) $ $ $ $ $ 9. Late Filing Fee ($100) $ $ $ $ $ 10. Interest (1% per month) $ $ $ $ $ 11. TOTAL TAX DUE (Lines 8 + 9 + 10) $ $ $ $ $ Contact Associated Trust Company directly at 920-327-5638 for electronic submission (payment) instructions. PART III - Tax Exempt Guest Information for Short-Term Rentals Tax Exempt Organizations - List the organization name(s) and the corresponding number of nights stayed Name(s) of Organization(s): Nights Name(s) of Organization(s): Nights Customers Staying 30 Days or More Number of Different Customers Number of Room Nights Sold Total Tax-Exempt Room Nights Sold Other (1) 84-8403-03-6 I declare under penalty of perjury that the room sales information contained on this document and any accompanying documents is true and correct, with full knowledge that all information made on this document are subject to investigation and that any false information may be grounds for legal action. If you rented through AirBNB, VRBO or similar web-based lodging marketplaces who have collected on your behalf, please include in your totals above AND provide detailed information below for each marketplace. Failure to provide exempt tax receipt information will deem the room tax delinquent and late fees and interest will be assessed. Please summarize all tax exempt guest information below. Effective November 1, 2013, this section is replaced with the hotel/motel's Property Management System report that provides all the information needed in Part II above . Failure to provide exempt tax receipt information will deem the room tax delinquent and late fees and interest will be assessed. AirBNB VRBO renting out your property A GUIDE TO FOR OVERNIGHT STAYS a collaboration of: League of Wisconsin Municipalities Wisconsin Counties Association Wisconsin Department of Agriculture, Trade and Consumer Protection Wisconsin Hotel & Lodging Association Wisconsin Insurance Alliance Protect yourself by knowing Wisconsin’s laws for short term rentals. Updated from new statutes passed September 2017 Owners thinking of renting out a room, home, second home, investment property, cabin or basically any structure for overnight stays to the general public for a fee may not be aware of what they must do, by law, or what they may want to do to protect them- selves, their property, and the guests paying to stay there. Each state is different in how such rentals are regulated, which makes it confusing for owners just wanting to start selling overnight stays at their property. This guide offers the basics of what an owner needs to know before starting to rent out their property to the public, and the sum- maries are provided by a collaboration of experts in each facet of the rental operation, to ensure you know and can comply with various laws, and that you can take appropriate steps to avoid surprises for you or your guests that can have measurable safety or financial consequences. Each component provides references to further, more in depth information for you to explore. It is not in- tended as a comprehensive guide listing every consideration that may arise, but provides the highlights and entry level basics. Every owner should review this guide when considering renting out their property for overnight stays, as knowledge is the key to pro- tecting your investments. t able of contents KNOWLEDGE IS THE KEY Complying with Municipal Laws, 2 by: League of Wisconsin Municipalities Licensing for Public Lodging, 3 by: Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) Collecting & Remitting State, County and Local Taxes,4 Property Risks, Liability & Obtaining Insurance Coverage,4 by: Wisconsin Insurance Alliance COMPL YING WITH MUNICIP AL LA WS So, you have decided to become a short term rental landlord. All you need to do now is clean up the place, advertise and wait for the rental requests to roll in right? Wrong. Before you start to do any of those things, you must first make sure your short-term rental idea is legal in your community and what you need to do to keep it legal. This requires getting some answers to some critical questions: • Do you have the right zoning for short-term rental? • Does your community have a room tax ordinance? • Are there different building code requirements for a property engaged in commercial activity in your community? These are just a few questions that must be asked and answered before you start renting. In some smaller communities, one person at the village or city hall, might be able answer all of the relevant questions. In others, you may have to talk to several different offi- cials. However, in most communities whether large or small, the best place to start is with your city or village clerk. If you live in an unincorporated area, you should check with your county land use department. 2 This compilation was possible thanks to submissions by experts at the state DATCP agency, the Wisconsin Hotel & Lodging Association, the League of Wis- consin Municipalities, the Wisconsin Insurance Alliance, and the Wisconsin Counties Association. Additional com- ponents may be added as more infor- mation is contributed. Compilation Contact: Trisha Pugal, CAE Wisconsin Hotel & Lodging Association pugal@w isconsinlodging.org December 2016, revised March 2018 Licensing for public lodging DATCP has several definitions for types of lodging facilities. They include: • Hotel - A hotel is defined as “a place where sleeping accommodations are offered for pay to transients, in 5 or more rooms, and all related rooms, buildings and areas.” • Motel - Means the same as a Hotel except that guest parking is provided on premise as part of the room charge. • Tourist Rooming House (TRH) - A TRH is defined as “all lodging places and tourist cabins and cottages, other than hotels and motels, in which sleeping accommodations are offered for pay to tourists or transients.” • Bed and Breakfast (B&B) – A B&B is defined as “any place of lodging that provides 8 or fewer rooms for rent to no more than a total of 20 tourists or other transients for more than 10 nights in a 12 month period, is the owner’s personal residence, is occupied by the owner at time of rental, and in which the only meal served to guests is breakfast.” These definitions mention tourists or transients. DATCP has defined a tourist or transient as “a person who travels to a location away from his or her permanent address for a short period of time for vacation, pleasure, recreation, culture, business or employment.” Notice that in the definition for tourists or transients a person has to be away from his or her permanent address in order to meet the definition. It does not matter if the tourist or transient is there for the season, the month, a week, a day or less. If it is rented to a tourist or transient, it will require a license. Lodging facilities come in many forms. Common examples of lodging facilities requiring a DATCP license include: hotels, motels, B&B’s, row houses, cabins, cottages, lodges, homes, condos or rental rooms located above a business. What counts as a lodging facility? Begin the process by contacting a DATCP licensing specialist. They will walk you through the process and help you determine the best license for your lodging operation. They can provide you with an information packet that will guide you through the licensing process. You can contact them by sending an e-mail to datcpdfslicensing@ wisconsin.govor by calling 608/224-4923. After you submit a license application, a Sanitarian will be assigned to your business. The Sanitarian is the inspector responsible for approving your lodging license. They assure that the lodging operation meets health and safety requirements. Once you know who your Sanitarian is, arrange a time to meet with the Sanitarian at your facility. This arranged meeting is called a Pre-Licensing Inspection. During this inspection your Sanitarian will share with you the applicable code requirements that your structure must meet. Depending on the type of structure, some of the common items of public health concern may include: Where do I begin? The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) requires all lodging facilities in Wisconsin to hold a current license. Proper building exits/escapes Door locks Proper disposal of garbage/solid waste Fire extinguisher number and place- ment, fire alarm systems Directions of escape Proper linen and towel handling Proper wastewater disposal (black and gray water) Smoke/carbon monoxide detector number and placement Facility cleanliness Size of sleeping rooms A recent water test report for private wells (bacteriologically safe) Ventilation and combustion air for fuel fired appliances like furnaces, boilers, fireplaces, water heaters & dryers 3 collecting & remitting st a te, county and local t axes If you are furnishing short-term lodging, you should apply for a seller's permit here:http:/ /tap.revenue.wi.gov/btr. The Wisconsin Department of Revenue (DOR) has issued public guidance on its website clarifying that the imposition of state sales tax and local room tax on the rental of overnight lodging applies, with the exception now of annual sales of less than $2,000 (previously $1,000): https:// www.revenue.wi.gov/Pages/TaxPro/ Homeowners-and-Individuals-Providing-Short-Term-Lodging.aspx It specifically states "Homeowners or other individuals who make rooms or lodging available to the public for periods less than one month, must report and pay Wisconsin sales tax on such rentals. This includes the short-term rental of a home, room, apartment, cabin, inn, motel, or any other building in which accommodations are made available to the public." "One month" means a calen- dar month or 30 days, whichever is less, counting the first day of the rental and not counting the last day of rental. The sales tax rate charged is based on the location where the lodging is furnished. A basic room tax, an additional room tax and a municipal room tax may also apply, depending on the location of the lodging. For example, lodging furnished in Milwaukee County is subject to 5.6% sales tax (5% state, .5% county, and .1% stadium) plus a 2.5% basic room tax. If the sale occurs in the City of Milwaukee, an additional 7.0% room tax applies. Wisconsin Statute 66.0615 provides the authority and requirements for a municipal room tax. If a Wisconsin municipality has imposed a local room tax, it is imposed "on the privilege of furnishing, at retail, except sales for resale, rooms or lodging to tran- sientsby hotelkeepers, motel operators, lodging marketplaces, owners of short-term rentals, and other persons furnishing accom- modations that are available to the public." View the complete statute here: https:/ /docs.legis.wisconsin.gov/ statutes/statutes/66/VI/0615 E xception F or Taxes Collected by Residential Short-Term Lodging M arketplaces:Effective September 23, 2017, a “lodging market- place” is required to register with the Department of Revenue for a license to collect taxes imposed by the state related to a resi- dential short-term rental and to collect room taxes imposed by a municipality. Therefore, if a lodging marketplace notifies the owner that it is collecting the taxes, the owner is not required to collect and remit taxes on those rentals. NOTE: For further DOR information on criteria and requirements relating to “lodging marketplaces,” go to: https:/ /www.revenue.w i.gov/ Pages/F A Q S/ Lodging-M arketplace-License-faq.aspx Federal Income Tax Implications The Internal Revenue Service (IRS) provides guidance on Renting Residential & Vacation Property at https:/ /www.irs.gov/taxtopics/tc4 15 .html. 4 property risk s, liability & obt aining insurance coverage If you are considering renting out your home, your guest room or even your couch your first step should be to contact your insur- ance professional. Online platforms for renting your property to the public for overnight stays, such as Airbnb, can be a great way to bring in extra money and are increasingly popular; however, they can also leave you financially vulnerable. If your renter starts a fire and damages your property or is hurt while renting your home, will you be protected? Before embarking on a home or property rental financial arrangement, call your insurance professional and get their advice. In general, if you are only planning to rent your home out for a single occasion, many insurance companies will extend your cover- age to the renter. The one caveat is that the insurer must be notified ahead of time. It is not unusual for someone to rent out their home or part of it for a major event when there may not be enough hotel space avail- able in the area. Many insurance companies take this situation into account when creating a homeowners or renters policy; other insurance companies may require the purchase of an endorsement to the policy to provide broader coverage for the renters in your home. If you plan to rent out all or part of your home on a regular basis, many companies will consider this a business use. Standard homeowners and renters insurance policies are designed for personal risks, not commercial risks. In this case you will need to pur- chase a business policy—specifically either a hotel or a bed & breakfast policy. Some companies offer a home-sharing liability insur- ance policy that can be purchased on a month-to-month basis, but there may be exclusions and limitations, so read the policy carefully. March 2018 ORDINANCE NO. 2024- 02 AN ORDINANCE CREATING CHAPTER 270, LODGING FACILITIES OF THE VILLAGE OF ALLOUEZ MUNICIPAL CODE THE VILLAGE BOARD OF THE VILLAGE OF ALLOUEZ, BROWN COUNTY, WISCONSIN, DOES ORDAIN THAT CHAPTER 270, LODGING FACILITIES, OF THE VILLAGE OF ALLOUEZ MUNICIPAL CODE BE CREATED TO READ AS FOLLOWS: SECTION 1. Chapter 270 — Lodging Facilities Article 1 - Short - Term Rentals A. Purpose Thepurposeof this Article is to ensurethat the quality of short-term rentalsoperatingwithin the Village is adequatefor protecting public health, safety and generalwelfare, including establishingminimum standards of spacefor humanoccupancyandfor an adequatelevel of maintenance; determiningthe responsibilities of owners, operators andproperty managersoffering theseproperties for tourists or transient occupants, to protect the character and stability of all areas, especially to maintain and preserve the existing familial housingin residentialareas, within the Village of Allouez; to provideminimum standardsnecessaryfor the health andsafety of personsoccupying or using buildings, structuresor premises; andprovisions for the administration and enforcement thereof. B. Definitions 1) For the purpose of administering and enforcing this Article, the terms or words usedherein shall be interpreted as follows: a) Words used in the present tense include the future. b) Words in the singular number include the plural number. c) Words in the plural number include the singular number. 2) Thefollowing definitions andconditionsapply unlessspecifically modified: 365 - Day Period. The term of an annual license from July 1 — June 30. The term is understood to include Leap Year. Clerk. The Village Clerk of the Village of Allouez or designee. Corporate Entity. A corporation, partnership, limited liability company, or soleproprietorship licensed to conduct business in this state. Dwelling Unit. One (1) or more rooms with provisions for living, cooking, sanitary, and sleeping Page 1 of 10 facilities andabathroomarrangedfor exclusiveuseby one (1) personor one (1) family. Dwelling Units include residential, tourist roominghouse, seasonalemployeehousinganddormitory units. License. The Short - Term Rental License issued under 370- 1-D. Owner. The owner of a short - tern rental. Owner Occupied. A residential property that is occupiedby an individual who hasan ownership interestin thepropertyandusesthe propertyasthe individual' sprimary residence. Person. Shall include a corporation, firm, partnership, association, organization and any other group acting as a unit aswell as individuals, including a personal representative, receiver or other representativeappointedaccordingto law. Wheneverthe word personis usedin any sectionof this Article prescribingapenaltyor fine, asto partnershipsor associations, the word shallincludethe partners or members hereof, and as to corporations, shall include the officers, agents or members thereof who areresponsiblefor any violation of such section. Property Manager. Any personthat is not the property owner andis appointedto act asagentand/or provides property management services to one or more short- term rental. Primary Residence. A residentialpropertywherethe propertyownerresidesandmaintainsfull- time residence and to which, whenever absent from, that individual tends to return. Additional characteristicsof aprimary residenceinclude, but arenot limited to, where anindividual receives mail, claims residence for purposes of voter registration and tax returns, pays for utilities, and lists their addresson stateissuedidentification cards. An individual can only have oneprimary residence. Short Term Rental. A residentialdwelling that is offeredfor rent for a fee andfor fewer than29 consecutive days, as defined in Wis. Stat. Sec. 66. 0615 ( 1)( dk). State. The State of Wisconsin Department of Health, or its designee. C. Operation of Short - Term Rentals 1) No person may maintain, manage, or operatea short-term rental more than 10 nights eachyear without a short-term rentallicense. Every short-term rentalshallbeoperatedby a PropertyOwneror Property Manager. 2) Each short-term rental is required to have the following licenses and permits: a) A State of Wisconsin Tourist Rooming House License; b) A seller' spermit issuedby the Wisconsin Department of Revenue; Page 2 of 10 b) c) d) e) A Room Tax Permit; and A permit or license issued pursuant to the provisions of this Article. Each short-term rental shall comply with all of the following: Thetotal numberof daysthe dwelling unit may bemadeavailablefor rent within any 365 -day period of an annual license shall not exceed 180 consecutive days from date of first rental. ThePropertyOwneror PropertyManagershallnotify the Director of PlanningandCommunity Developmentor designeein writing whenthe first rentalwithin a 365 -dayperiodbegins. No vehicular traffic shall be generatedthat is greaterthan normally expectedin the residential neighborhood. There shall not be excessivenoise, fumes, glare, vibrations generatedduring the use. No signageadvertisingthe short-term rentalis permittedon site. Off-siteadvertisingin media channelsrelating to the availability of the rental may takeplaceonly after all Village, County and State permits and licenses have been obtained. f) The numberof occupantsin anyunit shallnot exceedthe limits setforth in the Stateof Wisconsin Uniform Dwelling Codeandotherapplicablecounty andvillage housingregulationsbasedupon the number of bedrooms in each unit. g) No recreational vehicles ( RVs), camper, tent, or othertemporarylodging arrangementshall be permitted on site as a meansof providing additional accommodations for paying guests, other invitees, or full- time residents. h) Any outdooreventheld atthe short-termrentalshall lastno longerthanoneday, occurring betweenthe hoursof 8:00 a.m. and 10:00p.m. Any activities shallbein compliancewith other regulations ( ex: noise) of the Village. i) All rentals of the short-term rental shall be subject to payment of the Brown County room tax at the current applicable rate. Permit holders areresponsible for complying with all regulations of the room tax. i) Compliancewith all applicablestate, county, andlocal codesandregulationsis required. k) 1) m) Annual generalbuilding inspection is requiredprior to issuanceor renewalof the license. A local propertymanagementcontactmustbe on file with the Village at thetime of application. The local PropertyManagermustbeavailabletwenty-four (24) hoursa day andaccessibleby phone. ThePropertyOwnermustnotify theVillage within twenty- four (24) hoursof a changein management contact information for the short- term rental. A short-term rental license will not be issueduntil the following contingencies have been met: Page 3 of 10 1] 2] n) o) License from the Brown County Health Department received; Generalbuilding andfire codeinspectioncompletedby the village andno outstandingorders remain. Short-term rental licensesareissuedfrom July 1 to June30 andmust be renewedannually. Denial, revocation, or non -renewal of any licenseor permit application is subjectto Section 270( K)( 1) of this chapter. ThePropertyOwnerof the short-termrentalshallhaveappropriateinsurancefor thehomethat is used for short- term rental and provide proof of insurance with the license application and renewal. P) Each short- term rental shall provide a register and require all guests to register their true names and addressesbeforebeginningoccupancyof the short-term rental. Theregistershall bekept intact and availablefor inspectionby representativesof the Village for atleastoneyearfrom the dateof each rental commencing. q) Each short-term rental shall maintain the following written recordsfor eachrental of the dwelling unit: the full nameandcurrent addressof anypersonrenting the property, the time period for that rental, andthe monetary amountor considerationpaid for that rental. D. Short - Term Rental License 1) The Director of PlanningandCommunityDevelopmentor designeeshallissuea short-term rental licenseto all applicantsfollowing the approvalof an application andthe filing of all documents and records required under this Article. The application shall also contain the following information: a) b) Identify thePropertyOwnerwith contactinformation includingmailing address, physicaladdress, e-mail address, andtwenty-four (24) hour phone number; Identify thePropertyManagerwith contactinformation including mailing address, physical address, e-mail address, andtwenty-four (24) hour phonenumber capableof receiving text messages; c) Property Management Agreement, if any ; d) The maximum daysof occupancyfor the premisesfor individual rentals; e) The license term; t) Statelodging licensenumber, if any; g) A copyof acompletedStateLodgingEstablishmentInspectionform datedwithin one (1) yearof the date of issuance or renewal; h) A copyof Stateof WisconsinLicensefor a TouristRoomingHouseLicenseissuedunderWis. Stat. Sec. 254. 64; Page 4 of 10 0 Proof of Insurance; i) A copy of Seller'sPermitfrom theDepartmentof Revenue, if any; k) Floor plan and requested maximum occupancy; 1) Site plan including available onsiteparking; nl) Certification from the property ownerthat the property meetsthe requirementsof this Article; n) A Room Tax Permit issuedby the Village of Allouez; and An employer identification number issuedby the Internal RevenueService, if any. E. Short - Term Rental License Procedure 1) All applications for a short-term rental license shall be filed with the Director of Planning and CommunityDevelopmentor designeeon formsprovided. Applicationsmustbefiled by the PropertyOwner. No permit shallbeissuedunlessthe completedapplicationform is accompaniedby paymentof the required fee. 2) Each application shall include the information and documentation for each short- term rental unit listed in Section 270- 1-D of this chapter: 3) Terms and Filing date. Each permit and license shall run from July 1 — June30, annually. The filing fee shall be paid uponfiling of the application. The Director of Planning and Community Developmentor designeemayconditionallyacceptlateapplications, subjectto paymentof the late filing fee. Any applicationwhich doesnot includeall of theinformationanddocumentationshallnot be considered as complete. 4) Application Review Procedure. When satisfied that the application is complete, the Director of Planning and Community Developmentor designeeshall forward initial applicationsfor permits and licenses to the appropriate Village Departments for review. If the Director of Planning and Community Developmentor designeein consultationwith otherVillage staff determinesthat the application meetsthe requirementsof this Article, they may approvethe application. If the Director of PlanningandCommunityDevelopmentor designeein consultationwith otherVillage staff determinesthat the application doesnot meet the requirementsof this Article, they may deny the application. 5) No permit or license shall be issued or renewed unless there is filed with the Director of Planning and Community Developmentor designeea completedvillage inspectionreport datednot morethan one ( 1) year before the date of issuance or renewal. 6) No permit or license shall be issuedor renewed, if the applicant or property hasoutstandingfees, taxes or forfeitures owed to the Village, unless arrangementsfor payment have beenapproved by the Director of Planning and Community Developmentor designee. Page 5 of 10 F. Renewal 1) 2) Each application for a renewal of a permit or license shall include updated information for the documentationonfile with the Director of PlanningandCommunityDevelopmentor designeeand paymentof the applicablefee. TheDirector of PlanningandCommunityDevelopmentor designee shall verify that the information provided on the renewal application is complete andin accordance with the requirements of this Article. The Director of Planning and Community Development or designeeshallrequestreports from the Brown County Sheriff andtheNeighborhood Compliance Inspector regarding any complaints received, calls for service or actions taken regarding the short- term rentalproperties. TheDirector of PlanningandCommunityDevelopmentor designeeshall issuerenewallicenseswithin thirty ( 30) daysof the filing of the application unlessthe information provided is incomplete or otherwise not in compliance with the requirements of this Article and/ or thereportsfrom the Brown County Sheriff andNeighborhoodComplianceInspectorindicatethat there are complaints or actions involving the property. If the Director of Planning and Community Development or designeefinds that the license or permit shouldnot be renewed, the Director of Planning andCommunity Developmentor designee shall denythe renewal. 3) No permit or license shall be issued or renewed unless there is filed with the Director of Planning and Community Developmentor designeea completedvillage inspectionreport datedwithin one (1) year of the issue date. 4) No permit or licenseshall be renewedif the applicant or property hasoutstandingfees, taxes or forfeitures owedto the Village, or is under an order issuedby the Building Inspector, or his designee, to bring thepremisesinto compliancewith Village ordinances, unlessarrangementsfor paymenthave beenapprovedby the Director of PlanningandCommunityDevelopmentor designee. G. Property Manager 1) Property ManagerPermit. No personmay act asa Property Managerfor a short-term rental without a Property ManagerPermit issuedin accordancewith the provisions of this Article. The Property ManagerPermit shall apply to all short-term rentals for which the Property Managerhasexclusive rights for the rental of the property. The Property Manager must certify to the Village that each short- term rental operatingunderthe short- term rental licensecomplieswith the standardsof this Article. 2) a) b) Property Manager Qualifications. To qualify as a Property Manager the applicant must meet the following requirements: Be anaturalpersonor a corporateentity with arepresentativeavailabletwenty-four (24) hoursa day and accessibleby phone. The applicantdoesnot havepending any criminal chargeandhasnot beenconvicted of a felony or misdemeanorof any offense involving dishonesty, fraud, deceit, robbery, the use or threateneduse of force or violence upon the person of another. 3) Each Property Manager shall be authorizedby the Property Owner to act asthe agentfor the owner for the receipt of service of notice of violation of this Article' s provisions and for service of process pursuantto this Article and shall be authorizedby the owner to allow Village employees, officers and Page 6 of 10 their designees, to enterthe owner's property for purposesof inspection and enforcementof this Article and/ or the Village Municipal Code. H. Standards for Short- term Rentals 1) Eachshort-term rental shall comply with this Article' srequirementsor any other applicableVillage ordinance. Each short-term rental shall comply with the following minimum requirements: a) One (1) internal bathroom for every four (4) occupants; b) Not lessonehundredfifty ( 150) squarefeet of floor spacefor the first occupantthereofandat least an additional one hundred (100) squarefeet of floor spacefor every additional occupant thereof; the floor space shall be calculated on the basis of total habitable room area. Floor space is determinedusinginterior measurementsof eachroom. Floor spacedoesnot includekitchens, bathrooms, closets, garages, or roomsnot meetingUniform Dwelling Coderequirementsfor occupancy. Themaximum occupancyfor anypremiseswithout a separateenclosedbedroomis two people; c) Not lessthan one (1) onsite off- streetparking spacesfor every four (4) occupantsbasedupon maximum occupancy; d) e) A safe, unobstructedmeansof egressfrom the short-term rental leading to safe, open spaceat ground level; Shall have functional smoke detectors and carbon monoxide detectors in accordance with the requirements of Chapter SPS 321 of the Wisconsin Administrative Code; f) Shall not have an accessiblewood burning fireplace unlessthe property owner provides a certificatefrom aproperly licensedinspector, datednot morethanthirty (30) daysprior to submission, certifying thatthe fireplaceandchimneyhavebeeninspectedandarein compliance with National Fire Prevention Association Fire Code Chapter 211 Standard for Chimneys, Fireplaces, Vents, and Solid Fuel- Burning Appliances; g) Shall not have a hibachi, gas-fired grill, charcoal grill, or other similar devices used for cooking or anyotherpurposeonanybalcony, deckor underanyoverhangingstructureor within ten (10) feet of any structure; h) Shallnot haveawood burningfire pit or othersimilar solidfuel fired deviceusedfor heatingor any otherpurposeon anybalcony, deckor underany overhangingstructureor within twenty (20) feet of any structure; 1) Outdoor gasfire pits shall be listed andlabeled for the application in which they areusedand meet the setbackrequirementslisted in the manufacturer's instructions or UL listing. 1) All 125 -Volt, single- phase, 15 and 20 ampere receptacles installed in the locations specified below shall have ground - fault circuit interrupter protection for personnel: 1] Bathrooms Page 7 of 10 2] Garagesandaccessorybuildings thathavea floor locatedat or below gradelevel not intendedas habitable rooms and limited to storage areas, work areas, and areas of similar use. 3] Outdoors 4] Crawl Spaces - at or below grade level 5] Unfinished portions or areas of the basement not intended as habitable rooms. 6] Kitchens - where receptacles are installed to serve the countertop services 7] Sinks — wherereceptaclesareinstalledwithin six (6) feetfrom the top insideedgeof the bowl of the sink. k) All PropertyManagersshallcarrycasualtyandliability insuranceissuedby aninsurancecompany authorizedto do businessin this stateby the Wisconsin Office of the Commissionerof Insurance, with liability limits of not less than $ 300, 000 per individual and $ 1,000, 000 aggregate; 1) Certification of compliance. As a condition of issuance of a license under this Article, the Property Manager shall certify that eachmanagedproperty is in compliancewith the termsand conditions of the license and this Article. nn) Reporting Requirements. Owners or property managersof any Short -Term Rental shall keep and maintain a registration for all guests in accordance with Allouez Municipal Code. The owner or property managerof the dwelling unit shall submit a quarterlyreport to the Office of the Clerk on the first business day following January 1st, April 1St, July 1st, and October 1st. The report shall indicate the names of the individuals who rented the unit, the number of guests, and the date and time of check-in and check-out for eachrental period during the previous quarter. If there were no rentals during a quarterlyperiod, areport shallbe submittedwith zerovaluesreflected. The report will be on a form approvedandprovided by the Office of the Clerk. Any violation of this subsection shall be grounds for revocation, suspension, or nonrenewal of the Short - Term Rental License. I. Room Tax 1) Eachshort-term rental shall comply with the room tax reporting requirementsof Chapter50 of the Village Municipal Code. 2) EachPropertyManagerLicenseeshallfile room tax returnsfor the managedshort-termrentals, if not alreadyfiled by alodging marketplace. 3) All tax returns and supporting documentationfiled with the Clerk are confidential andsubject to the protections provided under Chapter 50 of the Village Municipal Code and Wis. Stat. Sec. 66. 0615 3) and Wis. Stat. Sec. 77. 61. Page 8 of 10 J. Display of Permit Eachlicenseor permit shallbe displayedclearly ontheinside of the main entrancedoor of eachshort- term rental. K. Appeal and License Revocation 1) The denial, revocation, or non -renewalof any license or permit application underthis sectionmay beappealedonly by filing awritten appealrequestwith the Clerkwithin ten (10) businessdaysof the Village' s notice of denial, revocation, or non - renewal. The Village Board shall consider the appealandmay approveor denythe appeal. 2) A licensemay be revokedby the Director of Planning andCommunity Developmentor designeefor one or more of the following reasons: a) Failure to make payment on taxes or debt owed to the Village in full; b) Failure to make payment on the Brown County room tax in full; e) Three (3) or more calls for police service, building inspection, neighborhood compliance inspection, or the health departmentfor nuisanceactivities or other law violations in a 365 -day period as defined in Chapter 307, Article II: Chronic Nuisance Premises, of the Village Municipal Code ; d) Failure to comply with annualVillage building inspection requirements; e) Failure to maintain all required local, county, and statelicensing requirements; f) Failure to comply with any requirementscited within Chapter475 of the Village Municipal Code; g) Any violation of local, county, or statelawsthat substantiallyharmor adverselyimpact the predominantly residential uses and nature of the surrounding neighborhood. L. Penalties 1) Any personwho shallviolate anyprovisionof this Article shallbe subjectto apenaltyasprovidedin Section 1-3: Violations and Penalties, of the Village Municipal Code and in the forfeiture amounts as provided for in the bond schedule for the Village Municipal Court. 2) Penalties set forth in this section shall be in addition to all other remedies of injunction, abatement or costs whether existing under this Article or otherwise. M. Fees All Short - Term Rental License fees shall be in accordance with the Village Fee Schedule and updated from time to time by resolution. Page 9 of 10 N. Severability If anyprovisionof this Article andits ordinancesis heldinvalid or unconstitutionalby any court of competentjurisdiction, such a decision shall not affect the validity of any other provision of this Article or its ordinances. It is herebydeclaredto betheintention of the Village of Allouez that all provisions of this Article and its ordinances therein are separable. SECTION 2. All ordinancesor parts of ordinances, in conflict herewith areherebyrepealed. SECTION 3. This ordinance shall take effect March 1, 2024. Dated this 16th day of January, 2024. es F. Rater, Vi / e Preident ATTEST: C. Zittlo lage Cleric Page 10 of 10