Westminster Municipal Code Ch. 9.74 Transient Uses Including Short-Term Rentals

"Hosting platform"

means a person or entity that facilities a short-term rental for an owner, and derives revenue therefrom, including, without limitation, booking fees, subscription charges or advertising revenues, from such facilitation. "Facilitate" shall mean, without limitation, the act of allowing the owner to offer to list or advertise the short-term rental on the Internet web site provided or maintained by the hosting platform. A hosting platform does not include any person licensed to practice real estate as defined in Section 10130 of the California Business and Professions Code.

"Short-term rental"

means the use, rental, occupancy, lease, exchange, or swapping of any residential dwelling, in whole or in part, for transient use.

"Transient use"

means the rental or lease of a single-family dwelling unit or multifamily dwelling unit for a period of thirty days or less.

(Ord. 2566 § 3, 2020)

It is unlawful for any person or entity to: offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for transient use; occupy a residential dwelling, a dwelling unit, or a room in a dwelling for transient use pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration; or maintain any advertisement of a residential dwelling, a dwelling unit or a room in a dwelling for transient use.

(Ord. 2566 § 3, 2020)

A. Hosting platforms shall not complete any booking transaction for any residential property at the time the hosting platform receives a fee for the booking transaction.

B. Hosting platforms shall not collect or receive a fee, directly or indirectly through an agent or intermediary, for facilitating or providing services ancillary to a residential property 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.

(Ord. 2566 § 3, 2020)

This Chapter is not intended to, and shall not apply, to hotels, motels, lodging houses, or other transient living quarters which are expressly permitted by, and operated in accordance with, the Westminster Municipal Code.

(Ord. 2566 § 3, 2020)