# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc. ## Chapter 54. Transient Lodging Facilities. ### Article II. HOTELS. #### 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 An operator of a hotel must cease operating immediately after the license has expired or has been revoked or suspended.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.