5.63.040 - Hosting platform responsibilities.
Part of the Code of Ordinances of Commerce, CA.
The text
(a)
Hosting platforms shall be responsible for collecting all applicable HVTs and remitting the same to the city. The hosting platform shall be considered an agent of the host for purposes of HVT collections and remittance responsibilities as set forth in Chapter 3.10 of this code. To that end, hosting platforms shall execute a platform agreement with the city.
(b)
Subject to applicable laws, hosting platforms shall disclose to the city on a regular basis each home-sharing and vacation rental listing located in the city, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay.
(c)
Hosting platforms shall not complete any booking transaction for any residential property or unit unless it is listed on the city's registry created under Section 5.63.020 subsection (b), at the time the hosting platform receives a fee for the booking transaction.
(d)
Hosting platforms shall not collect or receive a fee, directly or indirectly through an agent or intermediary, for facilitating or providing services ancillary to a vacation rental or unregistered 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.
(e)
The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the city to be in violation of, or preempted by, any such law(s).
(Ord. No. 707, § 3, 4-2-2019)