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For purposes of this chapter, the following words or phrases shall have the following meanings: (1)
"Booking service" means any reservation and/or payment service provided by a person who facilitates a home-sharing or vacation rental transaction between a host and a prospective guest, and for which the person collects or receives, directly or indirectly through an agent or intermediary, a fee in connection with the reservation and/or payment of services provided for the transaction.
(2)
"Home-sharing" means an activity whereby the residents host visitors in their homes, for compensation, for periods of thirty consecutive days or less, while at least one of the dwelling unit's primary residents lives on-site, in the dwelling unit, throughout the visitors' stay.
(3)
"Host" means any person who is an owner, lessee, or sub-lessee of a residential property or unit offered for use as a vacation rental or home-share. Host also includes any person who offers, facilitates, or provides services to facilitate, a vacation rental, or home-share, including but not limited to insurance, concierge services, catering, restaurant bookings, tours, guide services, entertainment, cleaning, property management, or maintenance of the residential property or unit regardless of whether the person is an owner, lessee, or sub-lessee of a residential property or unit offered for use as a vacation rental or home-share. Any person, other than an owner, lessee, or sub-lessee, who operates home-sharing or vacation rental activities exclusively on the Internet shall not be considered a host.
(4)
"Hosting platform" means a person who participates in the home-sharing or vacation rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation.
(5)
"Person" means any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, or organization of any kind.
(6)
"Platform agreement" means a signed agreement between a home-sharing hosting platform and the city, which, among other things, provides that the hosting platform will collect and submit the hotel visitor tax in accordance with Chapter 3.10 of this code to the city on behalf of home-sharing hosts and persons listed for home-sharing.
(7)
"Vacation rental" means rental of any dwelling unit, in whole or in part, within the City of Commerce, to any person(s) for exclusive transient use of thirty consecutive days or less. Exclusive transient use shall mean that none of the dwelling unit's primary residents lives on-site, in the dwelling unit, throughout any visitor's stay. Rental of units located within city-approved hotels, motels, and bed and breakfasts shall not be considered vacation rentals.
(Ord. No. 707, § 3, 4-2-2019)