SENATE BILL 463

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By: Senator Conway
Introduced and read first time: January 30, 2017
Assigned to: Finance and Budget and Taxation

A BILL ENTITLED

1 AN ACT concerning

2 Business Regulation Limited Residential Lodging

3 FOR the purpose of altering certain definitions to ensure an innkeeper of certain limited
4 residential lodging has the same rights and responsibilities as an innkeeper of a
5 lodging establishment; providing that an innkeeper may not use a hosting platform
6 to offer a limited residential lodging unit to the public unless the innkeeper satisfies
7 certain requirements; requiring certain innkeepers and hosting platform operators
8 to keep a record of certain information for a certain period of time; requiring the
9 records to be made available, under certain circumstances, to the Comptroller, the
10 Department of Labor, Licensing, and Regulation, and certain law enforcement
11 agencies; authorizing the Department and certain law enforcement agencies, after
12 making a certain determination, to make a certain order, issue a certain civil
13 citation, and impose certain penalties; providing that a hosting platform operator
14 may not participate in or facilitate certain booking transactions unless the hosting
15 platform operator satisfies certain requirements; authorizing certain local
16 jurisdictions to notify an innkeeper or hosting platform that the use of certain limited
17 residential lodging units for limited residential lodging is in violation of certain laws;
18 providing that a certain notice be provided to the hosting platform in a certain
19 manner; altering a certain definition to require that a limited residential lodging
20 unit satisfy the same requirements for the installation of sprinkler systems as a
21 lodging or rooming house; altering a certain definition to require that a limited
22 residential lodging unit satisfy the same requirements as a place of public
23 accommodation; defining certain terms; making the provisions of this Act severable;
24 and generally relating to the regulation of certain limited residential lodging units.

25 BY repealing and reenacting, with amendments,

26 Article Business Regulation
27 Section 15201
28 Annotated Code of Maryland
29 (2015 Replacement Volume and 2016 Supplement)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.

[Brackets] indicate matter deleted from existing law.

*sb0463*
 2 SENATE BILL 463

1 BY adding to
2 Article Business Regulation
3 Section 15208 and 15209
4 Annotated Code of Maryland
5 (2015 Replacement Volume and 2016 Supplement)

6 BY repealing and reenacting, without amendments,

7 Article Land Use
8 Section 1101(a), (i), and (t)
9 Annotated Code of Maryland
10 (2012 Volume and 2016 Supplement)

11 BY adding to
12 Article Land Use
13 Section 4105
14 Annotated Code of Maryland
15 (2012 Volume and 2016 Supplement)

16 BY repealing and reenacting, without amendments,

17 Article Public Safety
18 Section 9201(a) and 9204(b)
19 Annotated Code of Maryland
20 (2011 Replacement Volume and 2016 Supplement)

21 BY repealing and reenacting, with amendments,

22 Article Public Safety
23 Section 9201(e), (f), (g), (h), and (i)
24 Annotated Code of Maryland
25 (2011 Replacement Volume and 2016 Supplement)

26 BY repealing and reenacting, with amendments,

27 Article State Government
28 Section 20301 and 20303(a)(3)
29 Annotated Code of Maryland
30 (2014 Replacement Volume and 2016 Supplement)

31 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,

32 That the Laws of Maryland read as follows:

33 Article Business Regulation

34 15201.

35 (a) In this subtitle the following words have the meanings indicated.

36 (B)BOOKING TRANSACTION MEANS ANY TRANSACTION IN WHICH THERE

37 IS A CHARGE TO OCCUPY ANY DWELLING, SLEEPING, OR OTHER LODGING
 SENATE BILL 463 3

1 ACCOMMODATIONS IN A LODGING ESTABLISHMENT MADE AVAILABLE FOR USE BY

2 TRANSIENT GUESTS.

3 (C) HOSTING PLATFORM MEANS AN INTERNETBASED DIGITAL ENTITY

4 THAT FACILITATES RESERVATIONS AND COLLECTS PAYMENTS FOR BOOKING
5 TRANSACTIONS FOR RENTAL OF A LIMITED RESIDENTIAL LODGING UNIT.

6 (D) HOSTING PLATFORM OPERATOR MEANS A PERSON THAT OWNS OR

7 OPERATES A HOSTING PLATFORM.

8 [(b)] (E) Innkeeper means the owner, operator, manager, or keeper of a lodging
9 establishment, or the agent of an owner, operator, manager, or keeper of a lodging
10 establishment.

11 (F)LIMITED RESIDENTIAL LODGING MEANS THE USE OF A RESIDENTIAL

12 DWELLING UNIT, INCLUDING ANY SINGLEFAMILY HOUSE OR DWELLING,
13 MULTIFAMILY HOUSE OR DWELLING, CONDOMINIUM, OR COOPERATIVE, OR ANY
14 PORTION OF THE UNIT BY AN INNKEEPER TO PROVIDE ACCOMMODATIONS TO
15 TRANSIENT GUESTS FOR SLEEPING OR LODGING PURPOSES IN EXCHANGE FOR A
16 CHARGE OR FEE IMPOSED IN A BOOKING TRANSACTION.

17 (G) LIMITED RESIDENTIAL LODGING UNIT MEANS A RESIDENTIAL

18 DWELLING UNIT OR A PORTION OF THE UNIT USED FOR LIMITED RESIDENTIAL
19 LODGING.

20 [(c)] (H) Lodging establishment means:

21 (1) an inn, hotel, motel, or other establishment that has at least four rooms
22 available for a fee to transient guests for lodging or sleeping purposes; OR

23 (2) A LIMITED RESIDENTIAL LODGING UNIT.

24 15208.

25 (A) AN INNKEEPER MAY NOT USE A HOSTING PLATFORM TO OFFER A

26 LIMITED RESIDENTIAL LODGING UNIT TO THE PUBLIC UNLESS THE INNKEEPER
27 SATISFIES THE REQUIREMENTS OF SUBSECTIONS (B) AND (C) OF THIS SECTION.

28 (B) AN INNKEEPER THAT OWNS, OPERATES, OR MANAGES A LIMITED

29 RESIDENTIAL LODGING UNIT SHALL:

30 (1) BE LICENSED BY THE COMPTROLLER UNDER TITLE 11, SUBTITLE

31 7 OF THE TAX GENERAL ARTICLE;
 4 SENATE BILL 463

1 (2) DISPLAY THE REGISTRATION NUMBER ISSUED BY THE

2 COMPTROLLER WITH THE LICENSE IN ANY ADVERTISEMENT RELATED TO THE
3 AVAILABILITY OF A LIMITED RESIDENTIAL LODGING UNIT THAT IS POSTED OR
4 EXHIBITED TO THE PUBLIC ON A HOSTING PLATFORM;

5 (3) ENSURE THAT THE USE OF THE LIMITED RESIDENTIAL LODGING

6 UNIT FOR LIMITED RESIDENTIAL LODGING IS IN ACCORDANCE WITH THE
7 APPLICABLE LAWS OF THE LOCAL JURISDICTION IN WHICH THE LIMITED
8 RESIDENTIAL LODGING UNIT IS LOCATED; AND

9 (4) PROVIDE TO THE HOSTING PLATFORM OPERATOR, AT LEAST

10 ANNUALLY, A WRITTEN ATTESTATION STATING THAT THE INNKEEPER HAS NOT
11 RECEIVED A NOTICE FROM A LOCAL JURISDICTION UNDER 4105 OF THE LAND
12 USE ARTICLE THAT THE USE OF THE LIMITED RESIDENTIAL LODGING UNIT FOR
13 LIMITED RESIDENTIAL LODGING IS IN VIOLATION OF THE ZONING LAWS OR OTHER
14 LOCAL LAWS OF THE LOCAL JURISDICTION.

15 (C) (1) FOR EACH BOOKING TRANSACTION FOR A LIMITED RESIDENTIAL

16 LODGING UNIT, AN INNKEEPER SHALL:

17 (I) KEEP A RECORD OF THE INFORMATION REQUIRED UNDER

18 PARAGRAPH (2) OF THIS SUBSECTION; AND

19 (II) MAINTAIN THE RECORD UNTIL THE LATER OF:

20 1. 4 YEARS AFTER THE DATE OF THE BOOKING

21 TRANSACTION; OR

22 2.
THE DATE THE TAX RELATED TO THE BOOKING
23 TRANSACTION IS REMITTED TO THE COMPTROLLER.

24 (2) THE RECORD REQUIRED UNDER PARAGRAPH (1) OF THIS

25 SUBSECTION SHALL INCLUDE THE FOLLOWING INFORMATION:

26 (I) THE NAME OF THE INDIVIDUAL THAT ENTERS A BOOKING

27 TRANSACTION FOR A LIMITED RESIDENTIAL LODGING UNIT AND, IF DIFFERENT, THE
28 NAME OF ANY TRANSIENT GUEST THAT STAYS IN THE LIMITED RESIDENTIAL
29 LODGING UNIT;

30 (II) THE PHYSICAL ADDRESS OF THE LIMITED RESIDENTIAL

31 LODGING UNIT;
 SENATE BILL 463 5

1 (III) THE TOTAL AMOUNT PAID FOR THE BOOKING

2 TRANSACTION;

3 (IV)
THE AMOUNT OF SALES AND USE TAX COLLECTED FROM THE
4 BOOKING TRANSACTION AND REMITTED TO THE COMPTROLLER;

5 (V) THE AMOUNT OF LOCAL TAX COLLECTED FROM THE

6 BOOKING TRANSACTION AND REMITTED TO A LOCAL GOVERNMENT;

7 (VI)
A COPY OF THE WRITTEN ATTESTATION THAT WAS IN
8 EFFECT WHEN THE BOOKING TRANSACTION OCCURRED AND WAS PROVIDED TO THE
9 HOSTING PLATFORM UNDER SUBSECTION (B)(4) OF THIS SECTION; AND

10 (VII) ANY OTHER INFORMATION REQUIRED BY THE

11 DEPARTMENT, THE COMPTROLLER, OR THE LOCAL GOVERNMENT OF THE
12 JURISDICTION WHERE THE LIMITED RESIDENTIAL LODGING UNIT IS LOCATED.

13 (3) THE RECORD REQUIRED TO BE MAINTAINED UNDER THIS

14 SUBSECTION SHALL BE MADE AVAILABLE DURING THE COURSE OF AN
15 ENFORCEMENT ACTION UNDER THIS SECTION TO:

16 (I) THE COMPTROLLER;

17 (II) THE DEPARTMENT; OR

18 (III) A STATE, COUNTY, OR MUNICIPAL CORPORATION LAW

19 ENFORCEMENT AGENCY.

20 (D) (1)AFTER DETERMINING THAT AN INNKEEPER IS IN VIOLATION OF

21 THIS SECTION, THE DEPARTMENT OR A STATE, COUNTY, OR MUNICIPAL
22 CORPORATION LAW ENFORCEMENT AGENCY MAY:

23 (I) ORDER THE INNKEEPER TO CEASE AND DESIST FROM USING

24 A HOSTING PLATFORM TO OFFER A LIMITED RESIDENTIAL LODGING UNIT TO THE
25 PUBLIC UNTIL THE INNKEEPER COMPLIES WITH THIS SECTION; AND

26 (II)
ISSUE A CIVIL CITATION AND IMPOSE A PENALTY IN THE
27 AMOUNT SPECIFIED UNDER PARAGRAPH (2) OF THIS SUBSECTION.

28 (2) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, AN

29 INNKEEPER THAT VIOLATES THIS SECTION IS SUBJECT TO A CIVIL PENALTY OF:

30 (I) $500 FOR A FIRST VIOLATION;

 6 SENATE BILL 463

1 (II) $1,000 FOR A SECOND VIOLATION; AND

2 (III) $2,500 FOR A THIRD OR SUBSEQUENT VIOLATION.

3 (3) FOR PURPOSES OF A CIVIL PENALTY IMPOSED UNDER THIS

4 SUBSECTION:

5 (I) EACH BOOKING TRANSACTION THAT VIOLATES SUBSECTION

6 (B) OF THIS SECTION IS A SEPARATE VIOLATION; AND

7 (II)MULTIPLE VIOLATIONS UNDER SUBSECTION (C) OF THIS

8 SECTION FOR A SINGLE BOOKING TRANSACTION ARE A SINGLE VIOLATION.

9 15209.

10 (A) A HOSTING PLATFORM OPERATOR MAY NOT PARTICIPATE IN OR

11 FACILITATE A BOOKING TRANSACTION UNLESS THE HOSTING PLATFORM SATISFIES
12 THE REQUIREMENTS OF SUBSECTIONS (B) AND (C) OF THIS SECTION.

13 (B) (1) A HOSTING PLATFORM OPERATOR THAT PARTICIPATES IN OR

14 FACILITATES BOOKING TRANSACTIONS OF A LIMITED RESIDENTIAL LODGING UNIT
15 SHALL:

16 (I) BE LICENSED BY THE COMPTROLLER UNDER TITLE 11,

17 SUBTITLE 7 OF THE TAX GENERAL ARTICLE; AND

18 (II) BE REGISTERED UNDER 7202 OF THE CORPORATIONS

19 AND ASSOCIATIONS ARTICLE AND BE IN GOOD STANDING WITH THE STATE
20 DEPARTMENT OF ASSESSMENTS AND TAXATION TO DO BUSINESS IN THE STATE.

21 (2) A HOSTING PLATFORM OPERATOR MAY NOT PARTICIPATE IN OR

22 FACILITATE A BOOKING TRANSACTION FOR A LIMITED RESIDENTIAL LODGING UNIT
23 ON BEHALF OF AN INNKEEPER IF:

24 (I) THE INNKEEPER IS NOT LICENSED BY THE COMPTROLLER

25 UNDER TITLE 11, SUBTITLE 7 OF THE TAX GENERAL ARTICLE;

26 (II) THE INNKEEPER HAS NOT PROVIDED TO THE HOSTING

27 PLATFORM, WITHIN THE LAST 12 MONTHS, THE WRITTEN ATTESTATION REQUIRED
28 UNDER 15208(B)(4) OF THIS SUBTITLE; OR
 SENATE BILL 463 7

1 (III) THE HOSTING PLATFORM HAS RECEIVED NOTICE FROM A

2 LOCAL JURISDICTION UNDER 4105 OF THE LAND USE ARTICLE THAT THE USE OF
3 THE LIMITED RESIDENTIAL LODGING UNIT IS IN VIOLATION OF A ZONING LAW OR
4 OTHER LOCAL LAW.

5 (C) (1) FOR EACH BOOKING TRANSACTION FOR A LIMITED RESIDENTIAL

6 LODGING UNIT, A HOSTING PLATFORM OPERATOR SHALL:

7 (I) KEEP A RECORD OF THE INFORMATION REQUIRED UNDER

8 PARAGRAPH (2) OF THIS SUBSECTION; AND

9 (II) MAINTAIN THE RECORD UNTIL THE LATER OF:

10 1. 4 YEARS AFTER THE DATE OF THE BOOKING

11 TRANSACTION; OR

12 2. THE DATE THE TAX RELATED TO THE BOOKING

13 TRANSACTION IS REMITTED TO THE COMPTROLLER.

14 (2) THE RECORD REQUIRED UNDER PARAGRAPH (1) OF THIS

15 SUBSECTION SHALL INCLUDE THE FOLLOWING INFORMATION:

16 (I) THE NAME AND ADDRESS OF THE INNKEEPER;

17 (II)THE NAME OF THE INDIVIDUAL THAT ENTERS A BOOKING

18 TRANSACTION FOR A LIMITED RESIDENTIAL LODGING UNIT AND, IF DIFFERENT, THE
19 NAME OF ANY TRANSIENT GUEST THAT STAYS IN THE LIMITED RESIDENTIAL
20 LODGING UNIT;

21 (III) THE PHYSICAL ADDRESS OF THE LIMITED RESIDENTIAL

22 LODGING UNIT;

23 (IV) THE TOTAL AMOUNT PAID FOR THE BOOKING

24 TRANSACTION;

25 (V)
THE TOTAL AMOUNT OF ANY FEES CHARGED BY THE
26 HOSTING PLATFORM OPERATOR TO FACILITATE OR PARTICIPATE IN THE BOOKING
27 TRANSACTION;

28 (VI)
THE AMOUNT OF SALES AND USE TAX COLLECTED FROM THE
29 BOOKING TRANSACTION AND REMITTED TO THE COMPTROLLER;
 8 SENATE BILL 463

1 (VII) THE AMOUNT OF LOCAL TAX COLLECTED FROM THE

2 BOOKING TRANSACTION AND REMITTED TO A LOCAL GOVERNMENT;

3 (VIII) A COPY OF THE WRITTEN ATTESTATION THAT WAS IN

4 EFFECT WHEN THE BOOKING TRANSACTION OCCURRED AND WAS PROVIDED TO THE
5 HOSTING PLATFORM OPERATOR UNDER 15208(B)(4) OF THIS SUBTITLE; AND

6 (IX) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT

7 OR THE COMPTROLLER.

8 (3) THE RECORD REQUIRED TO BE MAINTAINED UNDER THIS

9 SUBSECTION SHALL BE MADE AVAILABLE DURING THE COURSE OF ANY
10 ENFORCEMENT ACTION UNDER THIS SECTION TO:

11 (I) THE COMPTROLLER;

12 (II) THE DEPARTMENT; OR

13 (III) A STATE, COUNTY, OR MUNICIPAL CORPORATION LAW

14 ENFORCEMENT AGENCY.

15 (D) (1)AFTER DETERMINING THAT A HOSTING PLATFORM IS IN

16 VIOLATION OF THIS SECTION, THE DEPARTMENT OR A STATE, COUNTY, OR
17 MUNICIPAL CORPORATION LAW ENFORCEMENT AGENCY MAY ISSUE A CIVIL
18 CITATION AND IMPOSE A PENALTY IN THE AMOUNT SPECIFIED UNDER PARAGRAPH
19 (3) OF THIS SUBSECTION.

20 (2) A HOSTING PLATFORM OPERATOR THAT RECEIVES A CIVIL

21 CITATION FOR VIOLATING THE REQUIREMENTS OF:

22 (I) SUBSECTION (B)(1) OF THIS SECTION MAY NOT CONDUCT

23 BUSINESS IN THE STATE AS A HOSTING PLATFORM UNTIL THE ENTITY THAT ISSUED
24 THE CIVIL CITATION DETERMINES THAT THE HOSTING PLATFORM OPERATOR IS NO
25 LONGER IN VIOLATION OF SUBSECTION (B)(1) OF THIS SECTION; AND

26 (II)SUBSECTION (B)(2) OF THIS SECTION MAY NOT FACILITATE

27 OR PARTICIPATE IN A BOOKING TRANSACTION FOR THE LIMITED RESIDENTIAL
28 LODGING UNIT THAT IS THE SUBJECT OF THE VIOLATION UNTIL THE ENTITY THAT
29 ISSUED THE CIVIL CITATION DETERMINES THAT THE HOSTING PLATFORM
30 OPERATOR AND INNKEEPER ARE NO LONGER IN VIOLATION.
 SENATE BILL 463 9

1 (3) SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION, A HOSTING

2 PLATFORM OPERATOR THAT VIOLATES THIS SECTION IS SUBJECT TO A CIVIL
3 PENALTY OF:

4 (I) $2,500 FOR A FIRST VIOLATION;

5 (II) $5,000 FOR A SECOND VIOLATION; AND

6 (III) $7,500 FOR A THIRD OR SUBSEQUENT VIOLATION.

7 (4) FOR PURPOSES OF A CIVIL PENALTY IMPOSED UNDER THIS

8 SUBSECTION:

9 (I)
EACH DAY THAT A HOSTING PLATFORM OPERATOR IS
10 OPERATING IN VIOLATION OF SUBSECTION (B)(1) OF THIS SECTION IS A SEPARATE
11 VIOLATION;

12 (II)
EACH BOOKING TRANSACTION THAT A HOSTING PLATFORM
13 OPERATOR FACILITATES OR PARTICIPATES IN IN VIOLATION OF SUBSECTION (B)(2)
14 OF THIS SECTION IS A SEPARATE VIOLATION; AND

15 (III) EACH BOOKING TRANSACTION THAT A HOSTING PLATFORM

16 OPERATOR FACILITATES OR PARTICIPATES IN FOR WHICH IT DOES NOT MAINTAIN
17 THE RECORDS REQUIRED UNDER SUBSECTION (C) OF THIS SECTION IS A SEPARATE
18 VIOLATION.

19 Article Land Use

20 1101.

21 (a) In this division the following words have the meanings indicated.

22 (i) Local jurisdiction means a county or municipal corporation and the territory
23 within which its powers may be exercised.

24 (t) (1) Zoning law means the legislative implementation of regulations for
25 zoning by a local jurisdiction.

26 (2) Zoning law includes a zoning ordinance, zoning regulation, zoning

27 code, and any similar legislative action to implement zoning controls in a local jurisdiction.

28 4105.
 10 SENATE BILL 463

1 (A)IN THIS SECTION, HOSTING PLATFORM OPERATOR, INNKEEPER,

2 LIMITED RESIDENTIAL LODGING, AND LIMITED RESIDENTIAL LODGING UNIT
3 HAVE THE MEANINGS STATED IN 15201 OF THE BUSINESS REGULATION ARTICLE.

4 (B)NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A LOCAL

5 JURISDICTION MAY NOTIFY:

6 (1)
AN INNKEEPER THAT THE USE OF A LIMITED RESIDENTIAL
7 LODGING UNIT FOR LIMITED RESIDENTIAL LODGING IS IN VIOLATION OF A ZONING
8 LAW OR OTHER LOCAL LAW; AND

9 (2)
A HOSTING PLATFORM OPERATOR FOR AN INNKEEPER THAT
10 OPERATES A LIMITED RESIDENTIAL LODGING UNIT IN VIOLATION OF A ZONING LAW
11 OR OTHER LOCAL LAW.

12 (C) A NOTICE TO A HOSTING PLATFORM OPERATOR UNDER SUBSECTION (B)

13 OF THIS SECTION MAY BE SERVED ON THE RESIDENT AGENT DESIGNATED BY THE
14 HOSTING PLATFORM OPERATOR IN THE REGISTRATION REQUIRED UNDER 7202
15 OF THE CORPORATIONS AND ASSOCIATIONS ARTICLE.

16 Article Public Safety

17 9201.

18 (a) In this subtitle the following words have the meanings indicated.

19 (e) LIMITED RESIDENTIAL LODGING UNIT HAS THE MEANING STATED IN

20 15201 OF THE BUSINESS REGULATION ARTICLE.

21 (F) (1) Lodging or rooming house means a building:

22 (i) in which separate sleeping rooms are rented; and

23 (ii) that provides sleeping accommodations:

24 1. for 16 or fewer individuals;

25 2. on either a transient or permanent basis; and

26 3. with or without meals, but without individual cooking

27 facilities.

28 (2) Lodging or rooming house includes an inn, club, [and] bed and
29 breakfast establishment, AND LIMITED RESIDENTIAL LODGING UNIT.
 SENATE BILL 463 11

1 [(f)] (G) (1) Multifamily residential dwelling means a building or part of a

2 building that:

3 (i) contains more than two dwelling units; and

4 (ii) is not classified as a one or two family dwelling.

5 (2) Multifamily residential dwelling does not include a town house.

6 [(g)] (H) (1) Public water system means a system that:

7 (i) provides the public with piped water for human consumption;
8 and

9 (ii) has at least 15 service connections or regularly serves at least 25

10 individuals.

11 (2) Public water system includes:

12 (i) a collection, treatment, storage, or distribution facility that is

13 under the control of the operator of the system and is used primarily in connection with the
14 system; and

15 (ii) a collection or pretreatment storage facility that is not under the

16 control of the operator of the system and is used primarily in connection with the system.

17 [(h)] (I) Sprinkler system means a device that:

18 (1) opens automatically by operation of a heat responsive releasing

19 mechanism;

20 (2) discharges water in a specific pattern over a designated area to

21 extinguish or control fire; and

22 (3) uses the same service water supply pipe to the dwelling unit that the
23 public water system uses.

24 [(i)] (J) Town house means a single family dwelling unit that is constructed
25 in a horizontal series of attached units with property lines separating the units.

26 9204.

27 (b) (1) In a jurisdiction in which building permits are issued, a sprinkler

28 system shall be installed in:
 12 SENATE BILL 463

1 (i) each newly constructed dormitory, hotel, lodging or rooming

2 house, or multifamily residential dwelling for which the initial building permit is issued on
3 or after July 1, 1990; and

4 (ii) each newly constructed town house for which the initial building
5 permit is issued on or after July 1, 1992.

6 (2) In a jurisdiction in which building permits are not issued, a sprinkler

7 system shall be installed in:

8 (i) each dormitory, hotel, lodging or rooming house, or multifamily

9 residential dwelling on which construction begins on or after July 1, 1990; and

10 (ii) each town house on which construction begins on or after July 1,

11 1992.

12 Article State Government

13 20301.

14 (A) In this [subtitle, place] SUBTITLE THE FOLLOWING WORDS HAVE THE
15 MEANINGS INDICATED.

16 (B)
HOSTING PLATFORM HAS THE MEANING STATED IN 15201 OF THE
17 BUSINESS REGULATION ARTICLE.

18 (C) LIMITED RESIDENTIAL LODGING UNIT HAS THE MEANING STATED IN

19 15201 OF THE BUSINESS REGULATION ARTICLE.

20 (D) PLACE of public accommodation means:

21 (1) an inn, hotel, motel, LIMITED RESIDENTIAL LODGING UNIT, or other

22 establishment that provides lodging to transient guests;

23 (2) a restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or

24 other facility principally engaged in selling food or alcoholic beverages for consumption on
25 or off the premises, including a facility located on the premises of a retail establishment or
26 gasoline station;

27 (3) a motion picture house, theater, concert hall, sports arena, stadium, or
28 other place of exhibition or entertainment;

29 (4) a retail establishment that:

30 (i) is operated by a public or private entity; and

 SENATE BILL 463 13

1 (ii) offers goods, services, entertainment, recreation, or

2 transportation; and

3 (5) an establishment:

4 (i) 1. That is physically located within the premises of any other

5 establishment covered by this subtitle; or

6 2. within the premises of which any other establishment

7 covered by this subtitle is physically located; and

8 (ii) that holds itself out as serving patrons of the covered

9 establishment.

10 20303.

11 (a) This subtitle does not apply:

12 (3) to an establishment:

13 (I) providing lodging to transient guests located within a building

14 that:

15 [(i)] 1. contains not more than five rooms for rent or hire; and

16 [(ii)] 2. is occupied by the proprietor of the establishment as the

17 proprietors residence; AND

18 (II)
THAT HAS NOT BEEN LISTED OR ADVERTISED TO THE
19 GENERAL PUBLIC ON A HOSTING PLATFORM.

20 SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or

21 the application thereof to any person or circumstance is held invalid for any reason in a
22 court of competent jurisdiction, the invalidity does not affect other provisions or any other
23 application of this Act that can be given effect without the invalid provision or application,
24 and for this purpose the provisions of this Act are declared severable.

25 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
26 October 1, 2017.