# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 54. Transient Lodging Facilities.

### Article I. In General.

**Sec. 54-1. Definitions.**

  For the purposes of this Chapter, unless the language or context clearly indicates that a different meaning is intended, the following words and phrases have the following meanings:

  Average lot grade means the arithmetic average of the highest and lowest elevations of the ground contiguous to the building.

  Basement means that portion of any building located below grade when at least one-half of the vertical height extends above the average lot grade.

  Bed and Breakfast means a detached house that is owner-occupied with no more than 5 guest rooms for rent and customarily serves breakfast to guests and allowed under Section 59-3.5.6.B of this Code.

  Cellar means that portion of any building which is located below grade and whose vertical height extends less than one-half above the average lot grade.

  Director means the Director of the Department of Health and Human Services, or the Director’s designee, in Article II of this Chapter. Director means the Director of the Department of Housing and Community Affairs, or the Director’s designee, in Article III of this Chapter.

  Department means the Department of Health and Human Services in Article II of this Chapter. Department means the Department of Housing and Community Affairs in Article III of this Chapter.

  Establishment means a hotel or Bed and Breakfast or Short-Term Residential Rental regulated under this chapter.

  Fire Code means the Fire Prevention Code in Chapter 22 as amended.

  Habitable room means a room in which people normally congregate or sleep with a minimum ceiling height of 7 feet. Bathrooms, closets, porches, decks, toilet rooms, storage rooms, kitchens, and pantries are not habitable rooms.

  Hotel means a building or portion of a building where, for compensation, lodging or lodging and meals are provided or offered to 3 or more transient visitors. Hotel includes a motel, but not a bed and breakfast.

  Household means a person living alone, or any one of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking, and eating facilities:

    1.   any number of people related by blood, marriage, adoption, or guardianship;

    2.   up to 5 unrelated people; or

    3.   2 unrelated people and any children, parents, siblings, or other persons related to either of them by blood, adoption, or guardianship.

  Lodging means the short-term overnight accommodation of a paying guest.

  Plumbing Code means the Plumbing Code adopted by the Washington Suburban Sanitary Commission, as amended.

  Short-Term Residential Rental means the residential occupancy of a dwelling unit for a fee for less than 30 consecutive days as allowed under Section 59-3.3.3.I of this Code.

  Solid wastes means garbage, trash, sweepings, animal refuse and dead animals.

  Transient visitor means a person who purchases lodging, with or without meals, for a continuous period of 6 months or less.

**Sec. 54-2. Authority of Executive to regulate and license.**

  The Executive may adopt regulations, under method (3), concerning the operation, maintenance, conduct, application, licensing, and license fees for a hotel, short-term residential rental, or bed and breakfast.

**Sec. 54-3. Guest register—Required.**

  Any person who owns or operates a hotel, in the County must maintain on the premises a permanent register containing:

  (a)   the name of each visitor;

  (b)   the residence address of each visitor, including state, city or town, street and street number or rural mail delivery route number;

  (c)   the number of the room or facility occupied by each visitor; and

  (d)   the date and time of registration and checkout of each visitor.

  The register must include a record of the license plate numbers and state of registration of any automobiles or trailers that guests are using. The owner or operator of the establishment must see that the license plate and automobile or trailer registration information is correct. A person must not occupy any room until the registration required under this section is provided. The permanent register may be in a bound book, looseleaf book, or cards. If a looseleaf book or cards are used, the pages or cards must be numbered consecutively before use and all numbered pages or cards must be kept even though they are not used. The register required by this section must be kept for at least 3 years and must be open to inspection upon the request of the Director or of any law enforcement officer of the county or the state.

**Sec. 54-4. Same-Giving or permitting false information to be given prohibited.**

  A person must not knowingly write any false or incorrect name or address or license plate number in any such register. The owner, manager, or employee of a hotel must not knowingly permit any person to write any false name or address or license plate number in any such register.

### Article II. HOTELS.

#### Division 1. Generally.

**Sec. 54-5. Numbering of rooms.**

  Every hotel must have a unique number on the corridor side of the door to each guest room.

**Sec. 54-6. Limitation on admission of visitors.**

  A hotel must not admit more visitors than the number for which it is licensed.

**Sec. 54-7. Inspection of register by county officials.**

  Registers kept under Section 54-3 must always be available at the hotel for inspection by the Director, the fire marshal, the police chief and their designees. The licensee may request the official to present proper credentials or proof of identity.

**Sec. 54-8. Owner, operator or manager to reside on premises.**

  The owner, operator, or a responsible manager appointed by the owner or operator must be on-site at all times at each hotel.

**Sec. 54-9. Parking facilities.**

  Every hotel must provide off-street automobile parking for visitors as required by Chapter 59 of this Code, as amended.

**Sec. 54-10. Administration and enforcement of article generally.**

  The Director must administer and enforce this chapter with the assistance of other County departments, as necessary.

**Sec. 54-11. Right of entry of County officials.**

  The Director, the fire marshal, the police chief and their designee, upon exhibiting the proper credentials or proof of identity, may enter any hotel to make any necessary inspection during business or operating hours. Inspections may also occur at other times if the county officials find it necessary to protect the health and safety of any person.

**Sec. 54-12. Responsibility for compliance with article.**

  The owner or operator of a hotel, and the hotel’s agent or manager, are responsible for complying with this article.

**Sec. 54-13. Violation of article; penalties.**

  A violation of any provision of Article II or Article III of this Chapter is a class A violation.

#### Division 2. Licenses.

**Sec. 54-14. License required.**

  Any building occupied or used as a hotel within the county must be licensed for such occupancy and use by the Director. An operator of a hotel must cease operating immediately after the license has expired or has been revoked or suspended.

**Sec. 54-15. Application.**

  Before the Director issues an annual license for any hotel under this Division, the owner or operator, or their authorized agent, must file an application that satisfies the regulations approved by the Executive under method (3) of Section 2A-15 of this Code.

**Sec. 54-16. Compliance with Code, before issuance.**

  The Director must not issue a license to any hotel under this Division unless the proposed hotel conforms with the applicable provisions of this Code.

**Sec. 54-17. Certificates to be filed before issuance.**

  The Director must not issue an initial license or license renewal under this Division unless the applicant files with the Department a certificate:

  (a)   of use and occupancy from the Department of Permitting Services;

  (b)   from the fire marshal stating that the building complies with the fire prevention code; and

  (c)   from the Director stating that the building or buildings and rooms to be occupied or used by the guests of the hotel, and the premises on which such buildings are located, comply with the standards and regulations of the County and State Boards of Health.

**Sec. 54-18. Separate license required for each establishment.**

  The Director must require each hotel, operated by the same management, to obtain a separate license under this Division.

**Sec. 54-19. Fees.**

  The Executive must establish annual fees for licenses under this Division by regulation adopted under method (3) of Section 2A-15 of this Code. Fees must not exceed an amount necessary to defray the costs of administering this Chapter.

**Sec. 54-20. Denial where operator has been convicted of certain state law violations.**

  The Director may deny an initial license or license renewal to operate a hotel under this Division if the Director finds the owner or operator of the proposed hotel was convicted of violating the following provisions of the Criminal Law Article of the Maryland Code:

  (a)   Section 10-202 (keeping disorderly house);

  (b)   Title 12 (gaming);

  (c)   Title 5 (controlled dangerous substances, prescriptions, and other substances); or

  (d)   Section 10-201 (disturbing the public peace and disorderly conduct).

  The Director may deny an initial license or license renewal if the owner or operator was convicted of any similar offense outside Maryland.

**Sec. 54-21. Procedure for issuance or denial.**

  (a)    When an application for a license under this Division, or when a previously issued license is in the renewal process, the Director or the Director’s designee must conduct all investigations and inspections required by this article. The Director must approve or deny the application within 90 days after the date of filing, or as soon thereafter as practicable. Applications for renewal of a license filed on or before October 1 under Section 54-25 and that have not been approved or denied by the Director before the following January 1, remain in effect until approved or denied by the Director.

  (b)    If, after all investigations and inspections are completed, the Director finds that the hotel for which a license under this Division is requested does not satisfy the requirements of this chapter, the Director must, within 10 days after making such a finding, transmit notice of such finding to the applicant. The notice must advise the applicant of the necessary corrective measures to be taken before the Director will issue the license. The Director may direct the applicant to appear within 10 days from the date of service of the notice to show cause why the license should not be denied. If the applicant fails to show cause as directed in such notice, or fails to take the necessary corrective action, the Director may deny the application.

  (c)   The Director must send all of the Director’s orders and notices to the applicant either by registered mail or by personal delivery at the address shown on the application. If the applicant cannot be found in the County, service by personal delivery must be made to the person who is in charge of the hotel.

**Sec. 54-22. Display.**

  The applicant must prominently display each license issued under this Division in the hotel for which it was issued.

**Sec. 54-22A. Complaints.**

  (a)   The Director must investigate any complaint that a licensee is in violation of this Article within 30 days of receiving the complaint.

  (b)   If a violation is found, the Director must issue written notice of the violation to the owner or operator requiring that the violation be corrected immediately.

  (c)   If the violation is not corrected immediately, the Director may revoke or suspend the license under Section 54-26.

**Sec. 54-23. Change of location of establishment; transfer.**

  (a)   Whenever a hotel changes its location, the current license held by such owner or operator under this Division is void.

  (b)   The Director may authorize the transfer of a license issued under this Division to a new owner or operator upon an application for transfer of the license and payment of a transfer fee. The Executive must establish the transfer fee by regulation adopted under method (3) of Section 2A-15 of this Code.

**Sec. 54-24. Expiration.**

  All licenses issued under this Division expire on December 31 of the year for which they are issued, unless sooner revoked or suspended under this Article.

**Sec. 54-25. Renewal.**

  On or before July 1 of each year, every hotel must make application to the department for renewal of the license required by this Division. Before a license for any hotel is renewed by the Director, the Director must receive the certificates required under Section 54-17. The Director must renew the license after receiving the certificates, completing any outstanding complaint investigations, and finding that the application satisfies this Article.

**Sec. 54-26. Revocation or suspension generally.**

  (a)    The Director may revoke or suspend any license issued under this Division if the Director finds that the owner or operator of any hotel is in violation of any provision of this Article. Any such revocation or suspension must be by written order directed to the owner or operator of the hotel under the procedures of subsection 54-21(c). Any such notice of revocation or suspension must require the holder of the license to appear before the Director and show cause why the license should not be revoked or suspended.

  (b)    The Director may revoke or suspend any license issued under this Division if the Director finds that the hotel is disruptive to the general peaceful enjoyment, dangerous to the health and safety, of the community or is a nuisance because of noise or indecent or immoral activity by any guest, owner, operator or employee. The Director may also revoke or suspend any license issued under this Chapter if the owner or operator of the hotel has, while operating the hotel, been convicted of violating:

    (1)   the provisions of the Criminal Law Article of the Maryland Code as listed in Section 54-20; or

    (2)   the drunkenness and disorderly conduct provisions of Section 10-201 of the Criminal Law Article of the Maryland Code while on the licensed premises.

Revocation or suspension of a license under this subsection must follow the procedures in Section 54-21(b).

**Sec. 54-27. Appeals from denial, revocation or suspension.**

  Any person aggrieved by the denial, revocation or suspension of a license under this Division may appeal from the action of the Director to the Board of Appeals. Such person must file a notice of appeal with the clerk of the Board of Appeals within 20 days after service of notice of such action. Upon receiving such appeal, the Board of Appeals must hold a hearing within 30 days after the notice of appeal has been filed, and must act upon the appeal within 30 days after the hearing.

#### Division 3. Health Standards and Regulations.

**Sec. 54-28. Water and sewer facilities.**

  Water and sewer facilities in every hotel must be connected to public lines where such lines are available. When public sewer lines are not available, the private sewage system must satisfy Chapter 45 of this Code. When public water lines are not available, only a water supply approved by the Director may be used.

**Sec. 54-29. Plumbing facilities.**

  Toilet and bath facilities must satisfy the plumbing code for the Washington Suburban Sanitary Commission as amended.

**Sec. 54-30. Disposal of solid waste.**

  All solid waste must be stored in covered metal receptacles. These receptacles must be removed from the premises and cleaned at least once a week or as often as the Director requires. All such waste must be disposed of in a manner that does not constitute a nuisance.

**Sec. 54-31. Insects.**

  All interior spaces must be maintained free of all insects. Any infestation must be immediately addressed by management.

**Sec. 54-32. Minimum size of rooms.**

  (a)    Any habitable room in a hotel must be at least 70 square feet in floor area and there must be at least 50 square feet of floor area for each person. Children under 12 years of age are counted as one-half person. Children under 1 year of age are not counted as a person for the purpose of this requirement.

  (b)    At least one-half of the floor area of every habitable room must have a ceiling height of at least 7 feet, and the floor area of that part of any room where the ceiling height is less than 5 feet is not considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy of the room.

**Sec. 54-33. Heating and ventilation.**

  All rooms in hotels must be adequately heated and ventilated. Every habitable room must have at least one easily opened window or skylight, or such other device that adequately ventilates the room. Every hotel must have a heating system. The heating system must be properly installed and maintained in safe and good working condition capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments to a temperature of at least 70 degrees Fahrenheit at a distance of 3 feet above floor level under ordinary minimum winter conditions.

**Sec. 54-34. Lighting.**

  All rooms in hotels must be adequately lighted including light for reading.

**Sec. 54-35. Basement rooms.**

  Only when basement floors and walls are constructed of material impervious to water, may a habitable room be located in a basement.

**Sec. 54-36. Cellar rooms.**

  A room in a cellar is not a habitable room.

**Sec. 54-37. Bedding and linen.**

  (a)    All mattresses, blankets and other bedding used at hotels must be kept clean and free of bedbugs.

  (b)    Clean sheets and pillow slips must be provided in hotels at least once each week and after each succeeding guest.

**Sec. 54-38. Reserved.**

**Sec. 54-39. Food, dining rooms and kitchens.**

  Food, public dining rooms and kitchens in each hotel must satisfy Chapter 15 of this Code as amended.

**Sec. 54-40. Maintenance of premises.**

  Every owner or operator of a hotel is responsible for maintaining all parts of the hotel, in a clean and sanitary condition, including the land on which the hotel is located. Every owner or operator is responsible for maintaining the hotel in good repair.

**Sec. 54-41. Inspections and report of violations of article.**

  The Department is responsible for making all necessary inspections regulated under this Article and must report to the Director any violations of this Division.

### Article III. BED AND BREAKFAST AND SHORT-TERM RESIDENTIAL RENTAL.

**Sec. 54-42. License required.**

  A person must not operate a bed and breakfast or short-term residential rental in the County without a license issued by the Director.  After the initial issuance of a license, the license must be renewed once a year.

**Sec. 54-43. Application for a License.**

  An application for a bed and breakfast license or short-term residential rental or a license renewal for either use must be signed by the applicant and include the State Sales Tax and Use Registration number. The applicant must certify that:

  (a)   the building in which the bed and breakfast license or short-term residential rental is located complies with all applicable zoning standards under Chapter 59 of this Code;

  (b)   the total number of overnight guests in the short-term residential rental who are 18 years or older is limited to 6, and the total number of overnight guests over 18 years of age per bedroom is limited to 2;

  (c)   only habitable rooms will be used by guests;

  (d)   smoke detectors in all units and carbon monoxide detectors in all units using natural gas operate as designed;

  (e)   sanitation facilities operate as designed;

  (f)   all local taxes and required fees are paid in full;

  (g)   the dwelling unit where the bed and breakfast or short-term residential rental is located is the primary residence of the applicant;

  (h)   the applicant is the owner or owner-authorized agent of the facility;

  (i)   the applicant posted rules and regulations inside the rental, including contact information for a representative designated for emergency purposes;

  (j)   notwithstanding section 54-45(d), the applicant has not been found guilty of a violation of this Chapter in the past 36 months;

  (k)   the designated representative resides within 15 miles of the unit and will be accessible for the entirety of any contract where the primary resident is not present;

  (l)   a record of all overnight visitors will be maintained and readily available for inspection;

  (m)   where applicable, the following parties were notified:

    (1)   in a single-unit or attached unit, abutting and confronting neighbors;

    (2)   in a multi-unit building, neighbors living across the hall and those that share a ceiling, floor, and walls with the applicant’s unit;

    (3)   the municipality in which the residence is located;

    (4)   any applicable homeowners association, condominium, housing cooperative; and

    (5)   the owner of the unit or the owner’s rental agent, if the applicant is not the owner;

  (n)   the application is not prohibited by any homeowners association or condominium document, or a rental lease;

  (o)   the common ownership community fees for the dwelling unit are no more than 30 days past due;

  (p)   except for persons visiting the primary resident, only registered guests will be allowed on the property; and

  (q)   any online rental listing will include the short-term residential rental license number.

**Sec. 54-44. Applications.**

  The Director must establish an electronic method of submitting, issuing, renewing, denying, suspending, and revoking an application for a license through the internet.

**Sec. 54-45. License Approval and Renewal.**

  The Director:

  (a)   must review the application, including supporting documents provided by the applicant, for conformance with this Chapter and all other applicable laws and regulations;

  (b)   may inspect the property;

  (c)   must approve or deny a license or a license renewal no earlier than 30 and no later than 60 days after receipt of a completed application and all required fees unless the Director receives a challenge to the application under Section 54-46;

  (d)   must not deny a license for the sole reason that an applicant was operating without a license, if it is the applicant’s first time receiving such a violation; and

  (e)   must, if the license or license renewal is approved:

    (1)   issue the license for a term of one year, renewable for additional one-year terms, subject to re-application, payment of the license fee, and compliance with all applicable laws and certifications required for the license; and

    (2)   provide written notice to the parties listed in section 54-43(m) of the issuance of the license and the procedure to file an appeal with the Board of Appeals.

**Sec. 54-46. Challenge to Applications.**

  (a)   Within 30 days after the application is filed, a challenge may be filed with the Director by:

    (1)   a resident or owner of real property located within 300 feet of a licensed or proposed license;

    (2)   the municipality in which the residence is located;

    (3)   any applicable homeowners association, condominium, housing cooperative; or

    (4)   the owner of the unit or the owner’s rental agent, if the applicant is not the owner.

  (b)   The Director must, within 60 days after receipt of the challenge:

    (1)   provide notice of the challenge to the applicant;

    (2)   provide an opportunity for the applicant to respond to the challenge;

    (3)   investigate any question of fact raised by the challenge;

    (4)   approve or deny the license or license renewal after reviewing the application, including supporting documents provided by the applicant and challenger, for conformance with this Chapter and all other applicable laws and regulations; and

    (5)   if the license or license renewal is approved:

      (i)   issue the license for a term of one year, renewable for additional one-year terms, subject to re-application, payment of the license fee, and compliance with all applicable laws and certifications required for the license; and

      (ii)   provide written notice to the parties listed in section 54-43(m) of the issuance of the license and the procedure to file an appeal with the Board of Appeals.

**Sec. 54-47. Suspension and Revocation.**

  (a)   The Director may suspend or revoke any license issued under this Article if the Director finds that the licensee:

    (1)   has violated this Chapter or any other applicable law or regulation;

    (2)   has been convicted of violating any of the provisions of the Criminal Law Article of the Maryland Code listed in in Section 54-20 while operating the bed and breakfast or short-term residential rental; or

    (3)   has repeatedly operated in a manner that is dangerous to the health and safety of the community or is a nuisance because of noise or other activity, as verified by the Department.

  (b)   Prior to any suspension or revocation, the Director may require the holder of the license to appear before the Director and show cause why the license should not be suspended or revoked.

**Sec. 54-48. Appeals.**

  Any person aggrieved by the issuance, renewal, denial, revocation or suspension of a bed and breakfast license or short-term rental license may appeal the Director’s decision to the Board of Appeals within 30 days of the Director’s decision, regardless of whether a challenge to the application was filed under Section 54-46.

**Sec. 54-49. Effect of a revocation.**

  For a period of 3 years after a license is revoked, the Director must not issue a bed and breakfast or short-term residential rental license to:

  (a)   the former licensee or a member of the former licensee’s household; or

  (b)   any applicant for a license to use the same dwelling unit where the license was revoked.

### Article IV. Reserved