Fillmore Municipal Code Ch. 7.42 Short-Term Vacation Rental Hosting Platform Responsibilities

For the purpose of this section, the following definitions shall apply:

A. "Booking transaction." Any reservation or payment service provided by a hosting platform who facilitates a vacation rental transaction between a prospective transient user and an owner.

B. "Hosting platform." A person, business, or organization of any kind which participates in the short-term vacation rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation.

C. "Owner." Any person who owns the property on which the short-term vacation rental is located.

D. "Short-term vacation rental." A residential structure that is rented for occupancy for dwelling, lodging, or sleeping purposes for any form of payment to a transient for a period of less than thirty days. The full residential structure, or a portion of it, can be rented to a transient in a short-term vacation rental use. This classification includes both hosted rentals (the owner, is present in the dwelling unit that is being used as a short-term vacation rental) and non-hosted rentals (the owner is not present in the dwelling unit that is being used as a short-term rental). A residential structure meeting the definition of a short-term vacation rental shall be considered a commercial establishment for purposes of the definition of a "hotel" as that term is used in section 3.12.015 of this code.

(Ord. No. 19-917, § 2, 9-24-2019)

A. If the hosting platform collects payment for a short-term vacation rental, then the hosting platform and the owner shall both be legally responsible for collecting all applicable transient occupancy taxes and remitting the same to the city on a monthly basis. The hosting platform shall be considered an agent of the owner for purposes of transient occupancy tax collections and remittance responsibilities as set forth in chapter 3.12 of this code. However, when the hosting platform does not collect payment for the short-term vacation rental, the owner shall be solely responsible for the transient occupancy tax collections and remittance responsibilities.

Reporting and Remitting: The hosting platform or owner, whoever is responsible to remit the tax, shall comply with chapter 3.12 of this code and shall complete the proper transient occupancy tax form provided by the city when remitting payment. Late fees and penalties shall apply if the tax is not remitted within thirty days after the end of the rental period.

B. Subject to applicable laws, hosting platforms shall disclose to the city on a quarterly basis each short-term vacation rental listing located in the city, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay.

C. Hosting platforms shall not collect or receive a fee, directly or indirectly through an agent or intermediary, for facilitating or providing services ancillary to an unpermitted short-term vacation rental, including, but not limited to, insurance, concierge services, catering, restaurant bookings, tours, guide services, entertainment, cleaning, property management, or maintenance of the residential property or unit.

D. Safe harbor. A hosting platform operating exclusively on the internet, which operates in compliance with subsections A, B, and C above, shall be presumed to be in compliance with this chapter, except that the hosting platform remains responsible for compliance with the administrative subpoena provisions of this chapter.

E. The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the city to be in violation of, or preempted by, any such law(s).

(Ord. No. 19-917, § 2, 9-24-2019)

A. Any hosting platform that violates its obligations under this chapter shall be guilty of an infraction and subject to the penalties specified in section 1.08.025 of this code as well as the administrative remedies authorized in chapter 1.09 of this code.

B. Any hosting platform convicted of violating any provision of this chapter in a criminal case or found to be in violation of this chapter in a civil or administrative case shall be ordered to reimburse the city and any participating law enforcement agencies their full investigative costs, pay all back transient occupancy taxes, and remit all illegally obtained rental revenue to the city so that it may be returned to the home-sharing visitors.

C. Any interested person may seek an injunction or other relief to prevent or remedy violations of this chapter. The prevailing party in such an action shall be entitled to recover reasonable costs and attorney's fees.

D. The city may issue and serve administrative subpoenas as necessary to obtain specific information regarding short-term vacation rental listings located in the city, including, but not limited to, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay, to determine whether the short-term vacation rental listings comply with this chapter. Any subpoena issued pursuant to this section shall not require the production of information sooner than thirty days from the date of service. A person that has been served with an administrative subpoena may seek judicial review during that thirty-day period.

E. The remedies provided in this section are not exclusive, and nothing in this section shall preclude the use or application of any other remedies, penalties or procedures established by law.

(Ord. No. 19-917, § 2, 9-24-2019)