The purpose of this chapter is to establish regulations for the operation of bed and breakfasts within the City of Port Angeles. This chapter does not apply to hotels, motels, and short-term rentals. This chapter also establishes a bed and breakfast business license permit program, platform-based enforcement provisions, and building fire life-safety inspection.

(Ord. 3728 § 2(Exh. B), 3/5/2024)

(Reserved).

A.

The licenses required by this chapter prevail over other provisions of the PAMC that may relate to bed and breakfast licenses, as amended now or hereafter. In the event of a conflict between the provisions, the provisions in this chapter control.

B.

A bed and breakfast business license is required for all bed and breakfasts in the City.

C.

The Director is hereby authorized to implement, interpret, enforce, and make Director's determinations for any section of this chapter and any other applicable PAMC chapters. Director's determinations are intended to clarify and explain the PAMC requirements.

(Ord. 3728 § 2(Exh. B), 3/5/2024)

A.

It is unlawful to operate as a bed and breakfast platform within the City without a valid platform business license pursuant to this chapter.

B.

Platform business licenses are issued by the Director and may be obtained by filing an application to the City's Community and Economic Development Department.

C.

All platforms operating in the City of Port Angeles must comply with the following:

1.

Possess a valid platform business license issued pursuant to this chapter.

2.

Prior to providing booking services, require that all bed and breakfast operators using the bed and breakfast platform obtain a valid bed and breakfast business license through the City and include a business license number in any listing for a bed and breakfast on the platform.

3.

Remove any listings from the platform within four business days upon notification by the City that a bed and breakfast listed on the platform does not comply with the requirements of this chapter.

4.

Provide the following information in an approved electronic format to the City annually by February 1 of each year for the previous year's operations:

a.

The total number of bed and breakfasts in the City listed on the platform during the applicable reporting period, and

b.

The total number of nights per bed and breakfast for all bed and breakfasts that were rented through the platform during the applicable reporting period.

5.

Inform all bed and breakfast operators who use the bed and breakfast platform of their responsibility to collect and remit all applicable local, state, and federal taxes unless the bed and breakfast platform does this on their behalf.

6.

Provide to the City a listing of all owners and bed and breakfast operators inside the City for which the platform provides booking services by February 1 of each year for the previous year's operations.

7.

Upon request by the Director, permit the Director access to review the records listed above that are required to be kept under this chapter in a manner consistent with state and federal law.

(Ord. 3728 § 2(Exh. B), 3/5/2024)

All bed and breakfasts must comply with the following inspection requirements:

A.

All bed and breakfast owners or authorized agents must obtain a fire life-safety inspection and license from the State of Washington as a transient accommodation under Washington Administrative Code 246-360, and a license from the Clallam County Health Department as a food establishment under Washington Administrative Code 246-215.

B.

A copy of the approved State of Washington transient accommodation license and inspection report, and the Clallam County Health Department food establishment license and inspection report must both be provided to the City to apply for a City bed and breakfast business license.

(Ord. 3730 § 1(Exh. A), 7/16/24; Ord. 3728 § 2(Exh. B), 3/5/2024)

The following zoning, allowance, and use table requirements apply to all bed and breakfasts within the City.

Key to use the table:

A.

P(L) = "Permitted if Licensed". Bed and breakfasts are allowed with a bed and breakfast license.

B.

No = Prohibited Use.

(Ord. 3728 § 2(Exh. B), 3/5/2024)

All bed and breakfasts must comply with the following standards:

A.

After July 1, 2024, no person may operate a bed and breakfast without obtaining and maintaining a bed and breakfast business license.

B.

Licensed bed and breakfasts must only use platforms licensed by the City. Licensees may alternatively direct book.

C.

Bed and breakfasts may provide breakfast, light snacks, or both to guests, and the facility and operator must meet applicable health and safety regulations, including, but not limited to, regulations of Clallam County Public Health and the Washington State Department of Health, which may require separate permits.

D.

The bed and breakfast operator or owner must remain onsite, while guests are present.

E.

A bed and breakfast with four or fewer guest rooms must provide parking spaces for the operator and one space per guest bedroom. Bed and breakfasts with more than four guest rooms must provide parking spaces for the operator, guests, and employees.

F.

Events by guests are allowed up to the occupancy limit that is determined by the number of bedrooms, the Clallam County Health Department, and/or the Liquor and Cannabis Board.

G.

Bed and breakfasts are not permitted in housing units subsidized through City programs, including, but not limited to, a fee waiver, NICE neighborhood funds, and the affordable housing sales tax fund.

H.

Bed and breakfasts are not permitted in any temporary, portable, or other structure not permitted by the City for permanent occupancy (e.g., boat, tent, yurt, RV, etc.).

I.

All bed and breakfast owners must arrange for regular municipal garbage collection.

J.

The bed and breakfast operator must ensure that guests adhere to all nuisance regulations and ordinances in the City of Port Angeles, including the nuisance regulations in Chapter 8.30 PAMC.

K.

Bed and breakfasts must have the following items posted conspicuously inside each guest room:

1.

The license;

2.

The good neighbor policy per PAMC 17.24.090; and

3.

Emergency contact information, including the residence address.

L.

All bed and breakfasts must comply with the applicable international, federal, state, and local fire, building, and health codes.

M.

All bed and breakfasts must have a visible, legible address.

(Ord. 3728 § 2(Exh. B), 3/5/2024)

(Reserved).

A.

The bed and breakfast operator must notify each adjacent and facing property owner of said property of the existence of the bed and breakfast business and provide a written list of rules and restrictions and up-to-date local contact information for any concerns, complaints, or emergencies.

B.

A copy of all rules, restrictions, and conditions imposed on the bed and breakfast must be posted in a prominent location in the bed and breakfast.

C.

Noise concerns: The hours between 10:00 p.m. and 7:00 a.m. are designated "quiet time" so that no outdoor activity will disturb the peace and quiet of the neighborhood. All activities must comply with PAMC 9.24.030, Disturbing the peace.

D.

Property condition: The owner, guests, local contact, and/or authorized agent must keep the property in good order. No trash, junk, debris, or other unsightly materials are allowed to be visible on the property.

E.

The bed and breakfast operator must establish policies and provide information to guests regarding the location of trash receptacles and the trash pick-up schedule.

F.

The bed and breakfast operator must inform all guests that they cannot violate the standards of this chapter or generate any disturbances that may disrupt the peace, safety, and general welfare of the neighborhoods in which they are located.

G.

The guests must not block any driveways, streets, rights-of-way, or other public or private access routes.

H.

All guests, owners, authorized agents, and/or operators must comply with the City's Nuisance Code, Chapter 8.30 PAMC.

(Ord. 3728 § 2(Exh. B), 3/5/2024)

An application for a bed and breakfast business license must be determined complete. A complete application includes:

A.

A completed application form for the City's bed and breakfast business license.

B.

A site plan to scale, of the property, showing the entire dwelling unit used for the bed and breakfast, all other structures, parking, entrance and exit locations, and other relevant information as requested by the Director. A consultant is not required. This item may be hand-drawn to scale; there is no requirement for a computer-generated site plan unless the owner or authorized representative prefers this method.

C.

Scaled floor plan that includes structure dimensions throughout the entire dwelling unit and the square footage. The floor plan must also show all smoke and carbon monoxide alarm locations, fire extinguisher locations, and all ingress or egress areas with dimensions. All rooms must be labeled. All sleeping accommodations should be clearly marked, including any accommodation outside the bedroom. The City has the right to deny sleeping accommodation outside of a designated bedroom for fire, health, and life safety. If an area is prohibited from sleeping, the license must clearly state the condition. A consultant is not required. This item may be hand-drawn to scale; there is no requirement for a computer-generated site plan unless the owner or authorized representative prefers this method.

D.

The bed and breakfast operator must provide copies of approvals from the applicable state and local regulatory departments.

E.

Copy of the owner's State of Washington master business license.

F.

Payment of all fees as determined by the City's Master Fee Schedule upon the application being deemed complete.

G.

Any other information the Director deems reasonably necessary to administer this chapter.

H.

If applicable, building permits for any proposed remodels, required building improvements, or other changes requiring a permit.

I.

A signed copy of the good neighbor policy. This policy must be posted at the site after City review and approval.

J.

If the application is to renew an existing bed and breakfast business license, the following is required:

1.

A copy of the operating period's rental log, including the price per night charged per guest and the total price charged for each guest's stay.

2.

Documentation showing the lodging tax paid to the State of Washington for the previous year of operation.

(Ord. 3728 § 2(Exh. B), 3/5/2024)

A.

Staff shall determine whether an application for a bed and breakfast business license is complete within 28 days after application submittal.

B.

Reserved.

C.

Reserved.

D.

The City will only issue the bed and breakfast business license if the application meets all standards and passes all reviews and inspections. The bed and breakfast business license and associated conditions must be posted visibly for all guests.

E.

Water, sewer, power, adequate access from a public right-of-way, police, fire and waste disposal must be available and adequate for the proposed bed and breakfast.

F.

The proposal should not cause detrimental effects on the surrounding residential area due to changes in the neighborhood, which include, but are not limited to, traffic volume and frequency, noise, activities occurring on-site, lighting, and the ability to provide utility service.

G.

The proposal must be compatible with the surrounding residential area aspects, including, but not limited to, landscaping, location of the structure(s), parking areas, and the residential nature of construction and/or architectural details of the structure.

(Ord. 3730 § 1(Exh. A), 7/16/24; Ord. 3728 § 2(Exh. B), 3/5/2024)

The Director is authorized to and will approve, deny, or approve with modifications or conditions, all bed and breakfast business licenses in writing in the form of a license or a denial letter. The Director must attach such conditions as may be deemed necessary to ensure land use compatibility, public safety, and compliance with all standards and requirements of this chapter.

A.

Any person aggrieved by the decision of the Director under this chapter may appeal the decision to the Hearing Examiner. See Hearing Examiner fees in the Master Fee Schedule.

B.

Appeals must be submitted to the Director in writing within 15 days following the date of the Director's decision.

C.

The Hearing Examiner shall conduct a hearing on the appeal of the Director's decision with notice being given as set forth in PAMC 17.96.140. The Hearing Examiner's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150.

(Ord. 3728 § 2(Exh. B), 3/5/2024)

A.

A bed and breakfast business license will be issued for a set period of time, with its effective date running from the date of issuance. The applicant must submit the renewal application 60 days prior to the existing business license's expiration date. The City is not responsible for informing the owner of the expiration of the license. All applicable standards of this chapter must be met, and the annual inspection must be completed prior to the expiration.

B.

The bed and breakfast business license will be issued in the legal owner's name. If the property is sold, the license terminates, and a new owner would have to obtain a new license and comply with the regulations stated in this chapter to operate as a bed and breakfast. The bed and breakfast business license is not a vested transferable right.

(Ord. 3728 § 2(Exh. B), 3/5/2024)

A.

Violations. It is a violation of this chapter for any person or bed and breakfast platform to:

1.

Operate a bed and breakfast platform within Port Angeles without possessing a valid bed and breakfast platform business license issued pursuant to section 17.24.040. Platforms cannot allow rental postings for units within the City without including a valid City business license number.

2.

Fail to require that any owner, authorized agent, or bed and breakfast operator using the bed and breakfast platform, prior to providing booking services, possess a valid bed and breakfast business license issued by the City and include the business license number in any listing.

3.

Fail to post the business license number for all City of Port Angeles listings.

4.

Fail to remove any listing for a bed and breakfast within four business days after written notice of violation is provided by the City to the bed and breakfast platform. Failure to remove the listing within four business days will result in penalties per this chapter.

5.

Misrepresent any material fact in an application for a bed and breakfast platform business license or submit inaccurate information to the City when the City requests information from the bed and breakfast platform pursuant to this chapter.

6.

Fail to comply with any requirements of this chapter applicable to bed and breakfast platforms.

(Ord. 3728 § 2(Exh. B), 3/5/2024)

A.

Violations. It is a violation of this chapter for any person to:

1.

Offer or provide a dwelling unit, or portion thereof, for bed and breakfast use without possessing a valid bed and breakfast business license for that dwelling unit, or portion thereof, issued pursuant to this chapter.

2.

Offer a bed and breakfast on a bed and breakfast platform without possessing a valid bed and breakfast business license pursuant to this chapter.

3.

Utilize a platform that is not licensed by the City.

4.

Misrepresent any material fact in any bed and breakfast business license application or other information submitted to the City pursuant to this chapter.

5.

Fail to comply with any requirements of this chapter applicable to owners, authorized agents, or bed and breakfast operators of a bed and breakfast.

(Ord. 3728 § 2(Exh. B), 3/5/2024)

A.

Using the procedures set out in PAMC 2.90, this chapter will be enforced against platforms, owners, authorized agents, and/or operators violating this chapter may be issued a citation, notice of violation and order to cease, and/or any notice of daily fines.

B.

Violations of this chapter are civil violations, and penalties for violations of this chapter may be imposed as follows:

(Ord. 3728 § 2(Exh. B), 3/5/2024)

A.

Once a bed and breakfast business license has been issued, it cannot be transferred to another location or bed and breakfast operator.

B.

The bed and breakfast platform business license will be valid for a period of one year only. The bed and breakfast platform must apply for a renewal at least 60 days before the current bed and breakfast platform business license expiration as set forth in this chapter. The City must have confirmed receipt of the renewal request prior to the expiration date for the request to be considered submitted before the expiration date.

C.

The bed and breakfast business license will be valid for a set period of time only. The bed and breakfast operator must apply for a renewal at least 60 days before the current bed and breakfast business license expiration as set forth in this chapter. The City must have confirmed receipt of the renewal request prior to the expiration date for the request to be considered submitted before the expiration date.

(Ord. 3728 § 2(Exh. B), 3/5/2024)

A.

The Director may immediately deny, revoke, or refuse to renew the bed and breakfast business platform license of any platform for violating or failing to comply with any applicable provision or any reason set forth in this chapter.

B.

The Director may immediately deny, revoke, or refuse to renew the bed and breakfast business license of any bed and breakfast operator for violating or failing to comply with any applicable provision or for any reason set forth in this chapter.

C.

No bed and breakfast business license or platform business license issued pursuant to this chapter may be renewed unless all outstanding penalties assessed against the licensee and all past and present fees are paid in full to the City's Community and Economic Development Department or the City's Code Enforcement Division.

D.

Appeals shall be submitted to the Director in writing within 15 days following the date of the decision.

E.

The Hearing Examiner shall conduct an open record public hearing on the appeal of the Director's decision with notice being given as set forth in PAMC 17.96.140. The Hearing Examiner's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. See Hearing Examiner fees in the Master Fee Schedule.

(Ord. 3728 § 2(Exh. B), 3/5/2024)