Short-Term Rental Accommodation Bylaw No. 11720

Kelowna, British Columbia · adopted 2019-04-08

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SUMMARY: The Short Term Rental Accommodation Bylaw regulates short-term rental accommodation businesses and requires that such businesses be licenced accordingly. This bylaw is a 'consolidated' version and includes amendments up to the date listed in the bylaw heading. It is placed on the Internet for convenience only, is not the official or legal version, and should not be used in place of certified copies which can be obtained through the Office of the City Clerk at City Hall. Plans, pictures, other graphics or text in the legal version may be missing or altered in this electronic version. CITY OF KELOWNA BYLAW NO. 11720 REVISED: April 14, 2025 CONSOLIDATED FOR CONVENIENCE TO INCLUDE BYLAW NO. 12363 & 12767 Short-Term Rental Accommodation Business Licence and Regulation Bylaw WHEREAS under sections 8(6) and 15 of the Community Charter, S.B.C. 2003, c. 26, a municipal council may, by bylaw, regulate in relation to business; AND WHEREAS under section 15 of the Community Charter, a municipal council may provide for a system of licences, permits or approvals; AND WHEREAS the Council of the City of Kelowna considers it necessary and expedient to provide for the regulation of short-term rental accommodation businesses and to require that such businesses be licenced; AND WHEREAS the Council of the City of Kelowna has provided notice of its intention to adopt this bylaw and an opportunity to make representations, and the Council of the City has done so in a form and manner and at times and as often as it considers reasonable; NOW THEREFORE the Council of the City of Kelowna, in open meeting assembled, enacts as follows: SECTION 1 - INTRODUCTION 1.1 This Bylaw may be cited as the "Short-Term Rental Accommodation Business Licence and Regulation Bylaw No. 11720". 1.2 Definitions BL12363 & BL12767 amended Section 1.2.1: 1.2.1 In this Bylaw: "Business Licence Bylaw" means the Business Licence and Regulation Bylaw, No. 12585. dwelling unit means 'dwelling unit' as defined in the Zoning Bylaw. "Licence Inspector" means an individual employed by the City as a Licensing and Property Use Inspector, or their designate. Also includes a Building Inspector, Plumbing Inspector, or a Fire Inspection Officer. "marketing" means to offer for sale, promote, canvass, solicit, advertise, book, arrange or facilitate a rental, and includes placing, posting or erecting advertisements physically or online, but does not include the mere provision of a neutral space or location for such marketing activities in newspapers, bulletin boards or online. "operator" means a person who rents out, or offers for rent, any dwelling unit for short-term rental accommodation but does not include a person who acts as an intermediary between the short-term rental tenant and the person who receives the rent. "principal residence" means the usual place where an individual makes their home for the majority of a calendar year and lives within the residence a minimum 240 days per year and for these purposes a person cannot normally reside at more than one dwelling or location. "responsible person" means a person designated by an operator as the primary contact for the short-term rental accommodation. "short-term rental accommodation" has the same definition described within the Zoning Bylaw. "short-term rental property" means dwelling unit in the City where accommodation of paying guests for less than 90 consecutive days is a permitted use pursuant to the Zoning Bylaw and other land use enactments. "sleeping unit" has the same definition described within the Zoning Bylaw. "strata corporation", "strata council", and "strata lot" have the same meaning as in the Strata Property Act. "Zoning Bylaw" means the City of Kelowna Zoning Bylaw No. 12375. SECTION 2 - LICENCING PERIOD 2.1 Each licence issued under this Bylaw shall commence on January 1 of the year in which it is issued and terminate on December 31 of the same year, unless earlier renewed for the following calendar year by submission of a complete licence renewal form and payment of the annual licence fee prior to January 15 of the following year. SECTION 3 - PRO-RATING OF LICENCE FEE FIRST YEAR ONLY 3.1 The licence fees described in this Bylaw may be reduced pro-rata on a quarterly basis in respect of any operator who becomes liable to be licenced after January 15 in a year, during that operator's first year of operation only. SECTION 4 - LICENCE REQUIRED BL12767 amended Section 4.1: 4.1 A person must not carry on business as an operator unless the person holds a valid licence issued under the provisions of this Bylaw and the Business Licence Bylaw. BL12767 amended Section 4.2: 4.2 A person applying for the issuance or renewal of a licence to operate a short-term rental accommodation must, in addition to meeting the requirements of the Zoning Bylaw and the Business Licence Bylaw: (a) submit an application to the City on the prescribed form approved by the Licence Inspector; (b) pay to the City the applicable licence fee prescribed under subsection 4.3; (c) provide, in the form satisfactory to the Licence Inspector, evidence that: (i) the operator owns the dwelling unit where the short-term rental accommodation will be offered, or (ii) the owner of the dwelling unit where the short-term rental accommodation will be offered has consented to this use of the dwelling unit; (d) when the short-term rental accommodation is offered within a strata lot, on the prescribed form approved by the Licence Inspector, strata council confirmation that a short-term rental accommodation does not contradict a bylaw of the affected strata corporation; (e) provide in the form satisfactory to the Licence Inspector, evidence that the dwelling unit where the short-term rental accommodation will be offered is occupied by the operator as their principal residence, unless the short-term rental accommodation is exempt from principal residence requirements under the Zoning Bylaw; (f) provide the name and contact information for the responsible person; (g) submit a self-evaluation safety audit and attestation form provided for that purpose; (h) provide a floor plan of the dwelling unit upon which the short-term rental accommodation is to be conducted, identifying the location of smoke alarms and carbon monoxide alarms, fire extinguishers, fire exits, each sleeping unit, the types of bed in each sleeping unit, and the location of any sofa beds; (i) provide information whether parking will be provided for the short-term rental accommodation, in the form satisfactory to the Licence Inspector; (j) provide any other information the Licence Inspector may require for the purposes of ensuring compliance with the City's bylaws and other enactments. BL12767 amended Section 4.3: 4.3 The annual fee for a short-term rental accommodation licence (type code 7316) is $345. 4.4 If a person submits a licence application for which additional information or documentation is required by the Licence Inspector, the person shall supply all required information and documentation within 30 days of the request made by the Licence Inspector, after which time the application may be refused and a new application for a licence required. BL12767 amended Section 4.5: 4.5 The operator of a short-term rental accommodation may not be a corporation or society unless the short-term rental accommodation is exempt from principal residence requirements under the Zoning Bylaw. SECTION 5 - LICENCE INSPECTOR POWERS 5.0 Council hereby authorizes the Licence Inspector to: (a) grant, refuse, suspend and cancel licences under this Bylaw; (b) suspend, cancel or refuse to issue licences in accordance with subsection 5.1; (c) impose conditions on a licence at the time of issuance, renewal, or suspension for the purposes of ensuring compliance with all applicable enactments pertaining to the business; (d) enter at all reasonable time, on any property that is subject to the regulation of this Bylaw in order to inspect and ascertain whether such regulations are being observed; and (e) prepare, from time to time, forms to be used for the purpose of making applications under this Bylaw, including, but not limited to a form of licence application, information sheet, and licence transfer application. 5.1 In addition to Council's powers under section 60 of the Community Charter and the Licence Inspector's powers under Section 12.1 of the Business Licence Bylaw, the Licence Inspector may refuse to grant, or suspend, cancel, or revoke a licence for a short-term rental accommodation if, in the opinion of the Licence Inspector: (a) the applicant for the licence has failed to comply with section 4; (b) the short-term rental accommodation in question would or does contravene a City bylaw or another enactment; (c) the applicant for the licence or the operator has provided false information to the Licence Inspector; or (d) the operator of the short-term rental accommodation is not in compliance with the conditions of this Bylaw or of the licence. 5.2 When a Licence Inspector suspends, cancels or refuses to issue or renew a licence, the Licence Inspector will provide the applicant for the licence or the operator with a formal letter outlining the reason(s) for the refusal. 5.3 An applicant for a licence or an operator may request that Council reconsider a decision of the Licence Inspector under subsection 5.1 by delivering a request in writing to the City Clerk within 30 days of the Licence Inspector's decision being sent. 5.4 No person shall offer, or continue through marketing to advertise or provide any short-term rental accommodation pursuant to their licence during a period of suspension of that licence. BL12767 amended Section 6: SECTION 6 -MARKETING 6.1 The operator of a short-term rental accommodation must ensure that any marketing, publication, listing or promotional material offering for the short-term rental accommodation includes the licence number of a valid licence issued for that dwelling unit under this Bylaw, the approved sleeping unit count, and whether parking will be provided. BL12767 amended Section 7: SECTION 7 - RESPONSIBLE PERSON 7.1 An operator of a short-term rental accommodation must designate a responsible person as part of their licence application, and must ensure the responsible person has access to the licenced dwelling unit and authority to make decisions in relation to the dwelling unit and the rental agreement, at all times that the short-term rental accommodation is operated. 7.2 The operator must ensure that the name and contact information of the responsible person is prominently displayed in the short-term rental property at all times while the short-term rental accommodation is operated. 7.3 The responsible person must attend at the short-term rental property within two hours of being requested by the Licence Inspector, operator or a short-term rental tenant to do so. SECTION 8 - CONDITIONS OF LICENCE 8.1 An operator of a short-term rental accommodation must: (a) operate a short-term rental accommodation only on a licenced dwelling unit; (b) operate only on a short-term rental property; (c) notify neighboring property owners on all adjacent sides of the licenced dwelling unit that a short-term rental accommodation is being operated thereupon, and provide the contact information for the operator or responsible person to such neighbours; (d) display the licence inside the entry way to the short-term rental property; (e) display in each approved sleeping unit, and in the entryway of the of the short-term rental accommodation, a floor plan identifying the location of smoke alarms and carbon monoxide alarms, fire extinguishers, fire exits, each approved sleeping unit, the types of bed in each sleeping unit, and the location of any sofa beds; (f) display the responsible person's contact information inside the entry way of the short-term rental property; (g) ensure the operator or responsible person is available for contact 24 hours a day during periods when the short-term rental property is rented to short-term rental tenants, and responds to any nuisance complaint within 2 hours of notification; (h) notify the Licence Inspector within 24 hours of a change in contact information for an operator or responsible person; (i) hold a separate licence for each dwelling unit that it operates; (j) comply with all applicable requirements in the Zoning Bylaw, the Building Bylaw, the BC Building Code, the BC Fire Code, and related enactments; (k) cooperate and ensure cooperation of responsible person with City Licencing, RCMP or City Bylaw Services during investigation of any complaint associated with the short-term rental accommodation; (l) facilitate periodic inspections of the short-term rental property as requested and conducted by the Licence Inspector and other City staff; (m) ensure that the short-term rental property is in compliance with the City's bylaws regarding signage; BL12767 amended Section 8.1.n: (n) keep a written registry of all guests that are staying or have stayed at the dwelling unit and make this registry readily available to the Licence Inspector upon request; and (o) submit an annual self-evaluation safety audit and attestation in the form provided for that purpose by the Licence Inspector; and (p) ensure no more than one booking is permitted within the short-term rental accommodation at one time. BL12767 amended Section 8.2: 8.2 An operator of a short-term rental accommodation must not: (a) rent out any sleeping units or provide any sleeping accommodation within any vehicle, tent, or accessory building; or (b) allow to be used as sleeping units, any rooms that are not approved and identified on the licence application for that dwelling unit as sleeping units. SECTION 9 - OFFENCES AND PENALTIES 9.1 Every person who violates any of the provisions of this Bylaw or who suffers or permits any act or thing to be done in contravention or in violation of any of the provisions of this Bylaw, or who neglects to do or refrains from doing anything required to be done by any of the provisions of this Bylaw or who does any act which violates any of the provisions of this Bylaw, shall be guilty of an offence against this Bylaw. BL12767 amended Section 9.2: 9.2 Every person who commits an offence against this Bylaw shall be liable upon summary conviction to a fine not exceeding $50,000.00 for every instance that an offence occurs or each day that it continues. Any penalty imposed pursuant to this Bylaw shall be in addition to, and not in substitution for, any other penalty or remedy imposed pursuant to any other applicable statute, law or legislation. 9.3 Each day that a violation is of this Bylaw is caused or allowed to continue constitutes a separate offence. SECTION 10 - SEVERABILITY 10.1 If a portion of this Bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion must be severed and the remainder of this Bylaw is deemed to have been adopted without the severed section, subsection, paragraph, subparagraph, clause or phrase. BL12767 amended Section 11: SECTION 11 - EFFECTIVE DATE 11.1 This Bylaw comes into full force and effect and is binding on all persons as from the date of adoption. Read a first, second and third time by the Municipal Council this 4th day of March, 2019. Adopted by the Municipal Council this 8th day of April, 2019. ___________________________ Mayor ___________________________ City Clerk