§ 901-204 — Application review; grounds for denial

Sec. 901-204. - Application review; grounds for denial.

(a) The administrator shall issue a new license, or grant the renewal of a license, except as provided in subsections (b), (c), or (d) of this section, which require the administrator to deny any application for a new license, or renewal of a license, and except as provided in subsections (e) and (f) of this section, under which the administrator may deny any application for a new license, or renewal of a license. (b) The administrator shall deny any application for a new license, or renewal of a license, if any of the following are shown to have occurred at the hotel property: (1) The applicant makes a material misrepresentation of fact on the application; (2) The applicant or any owner of the hotel has been found in violation of sections 901-202 or 901-203 of this chapter; or (3) Any owner, applicant, operator, or manager of the hotel is shown to have been convicted of the act of prostitution or soliciting for prostitution, on the premises of the hotel in question, or any hotel in which that individual has any interest in, including, but not limited to, ownership, licensure, or management. (c) The administrator shall deny any application for a new license, or renewal of a license, if the applicant is delinquent to the city, county or state for any taxes, or indebted to the city, county or state for any other reason unless the delinquency or indebtedness is the subject of pending litigation. (d) The administrator shall deny any application for renewal of a license, if the licensee has failed to comply with sections 801-301 through 801-303. (e) The administrator may deny any application for a new license, or renewal of a license, if any of the following are shown to have occurred at the hotel property: (1) The hotel has outstanding orders from the Health and Hospital Corporation of Marion County that have not been corrected for six months or more, including but not limited to, orders regarding: i. Bed bugs, cockroaches, rats, mice, flies, and any other insects or vermin; ii. Mold; iii. Heating, cooling, and ventilation; iv. Water supplies, including drinking water and hot and cold availability; v. Lavatories, baths, and sewage; vi. Electricity; vii. Adequate lighting; viii. Pools and spas; ix. Housekeeping practices and policies; x. Refuse removal; xi. Defective locks; xii. Non-functional smoke or fire suppression systems; or xiii. Severe structural defects. (2) The hotel has outstanding orders from the Indianapolis Fire Department or the applicable township fire department that have not been corrected for six months or more; (3) The hotel fails to meet accessibility requirements required by the Americans with Disabilities Act (ADA); (4) For any hotel operating in a probationary period, the calls for service ratio is at or above 2.5 over any one year period after entering probation; (5) The owner, applicant, operator, or manager has obstructed or interfered with correction of the violations, or is party to pending enforcement actions related to the hotel; or (6) The applicant or any owner of the hotel has hindered or prevented any inspection of the hotel authorized by chapter 801 of the Code. (7) The applicant or owner of the hotel has previously violated this chapter by operating without a license. (8) Upon the written recommendation of the Marion County Health and Hospital Corporation, Indianapolis Metropolitan Police Department, or the Indianapolis Fire Department, the administrator may prohibit the rental of individual guestrooms or spaces until all violations and orders stemming from such guestrooms or spaces are remedied. (9) Any attempt to rent any guestrooms or spaces described in subsection (e)(8), or any failure to remedy all violations or orders for such guestrooms or spaces within three months, shall be deemed a violation under section 901-204(e)(5). (f) The administrator may deny any application for a new license, or renewal of a license, if a written objection detailing the reason for objection is submitted by Marion County Health and Hospital Corporation, Indianapolis Metropolitan Police Department, or the Indianapolis Fire Department, and the administrator concludes that issuance or renewal of the license would be inimical to the public welfare.

(G.O. 17, 2018, § 1)