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Commission recommends ordinance to allow nightly-rental licenses to transfer with property sales
Summary
Toquerville staff proposed and the planning commission recommended an ordinance permitting the transfer of nightly-rental permits to a new owner upon property sale, with a requirement that the new owner apply for a business license within 45 days and complete licensing within 90 days; safety inspections will be required.
The Toquerville Planning Commission recommended approval of an ordinance on June 10 that would allow nightly-rental licenses to transfer to a new owner when a dwelling changes hands, subject to procedural conditions.
Staff presented the draft ordinance, prepared per city-council direction, which treats nightly-rental permits similarly to other local jurisdictions that permit transfers on sale. Staff said the ordinance would keep a license tied to a dwelling (non-transferable to a different dwelling) but allow a change-of-ownership transfer provided the new owner "apply for a new business license within 45 days of transfer of ownership and then complete that licensing process within 90 days of transfer," with building and fire inspections applying to the new owner.
The ordinance as discussed does not require notice to surrounding property owners when a license transfers; staff pointed to how the draft mirrors existing local practice and said the permit's operational status would continue unless the owner chose to discontinue nightly-rental use. Commissioners explored whether transfers to family members should be treated differently and were advised that creating a legal distinction for family transfers can be legally complex.
With no public testimony, the commission voted to recommend the ordinance amendment (Title 10, Chapter 17, Section 4) to allow transfers on ownership change with the time limits and inspection requirements described. The recommendation will proceed to the city council for final action.
