Bed and Breakfast homes shall be subject to the following restrictions and standards, and any operator found in violation of these requirements may be subject to immediate closure and/or all such penalties or fines levied under Title 11, Guam Code Annotated:

(a) the owner-proprietor shall have a current business license as required by Division 3 of Title 11, Guam Code Annotated, and a Mayor’s verification in the village of the Bed and Breakfast. The Director may, subject to § 61118 of this Sub-Article, adopt, amend, or modify such license, as he may deem necessary to implement this Sub-Article;

(b) a Bed and Breakfast shall be permitted in no more than one (1) single-family dwelling unit per lot;

(c) the owner- proprietor shall be a resident of Guam for at least one (1) year and shall reside, on a full-time basis, within the single-family dwelling being used as a Bed and Breakfast home;

(d) the Bed and Breakfast license shall be in the name of the owner-proprietor, who shall be a natural person and the owner of the real property where the Bed and Breakfast shall be licensed. No Bed and Breakfast license shall be held by a corporation or managed under a business structure that is guided by a board of directors or shareholders. The license shall not be transferable. No more than one (1) license shall be approved for any lot;

(e) the total number of guests at a Bed and Breakfast shall be according to the following:

(1) one (1) person per bed – the bed shall have a length of at most eighty (80) inches and width of at most thirty-nine (39) inches with at least a thirty (30) inch clearance around at least two (2) sides of the bed. There shall be at least a thirty (30) inch clearance between each bed, and no two (2) beds shall lay immediately adjacent to one another as this layout will constitute one (1) bed. There shall be no more than four (4) beds of these
specifications per room, with the exception of bunkbeds; with two (2) persons per set of bunkbeds, and the beds of the bunkbeds shall have a length of at most eighty (80) inches and width of at most thirty-nine (39) inches. The bunkbed shall have at least a two (2) feet clearance from the ceiling, and there shall be no more than two (2) sets of bunkbeds in a room;

(2) two (2) persons per bed – the bed shall have a length of no less than seventy-five (75) inches and width of no less than fifty-four (54) inches with at least a thirty (30) inch clearance around at least two (2) sides of the bed. There shall be a thirty (30) inch clearance between each bed, and no two (2) beds shall lay immediately adjacent to one another as this layout will constitute one (1) bed. There shall be no more than two (2) beds of this specification per room;

(3) it is acceptable to have varying bed specifications in one (1) room as long as there are no more than four (4) persons per room;

(f) a Bed and Breakfast home shall make breakfast available to onsite guests, but shall not operate as a food service establishment unless a food service establishment is permitted;

(g) all advertising for any Bed and Breakfast home shall include the number of the license granted to the owner-proprietor;

(h) the act of advertising, marketing, and listing a property as a Bed and Breakfast, short-term vacation rental unit, or accommodation as part of a tour package through an advertisement, marketing, or booking platform or other intermediaries presumes participation in the Bed and Breakfast or short-term vacation rental industry and shall be subject to the enforcement and penalties pursuant to this Chapter;

(i) single-station smoke detectors shall be provided in all guest bedrooms;

(j) the owner-proprietor shall create “”house policies”” and post them on all booking platforms or intermediaries used to market, advertise, list, find, and rent their property as a Bed and Breakfast. No booking shall occur without a posted house policy and an agreement between the owner-proprietor and the guest to abide by the house policies. The house policies shall be posted within each guest room and shall be identical to the house policies listed on the booking platform or intermediary used to market, advertise, list, find, and rent a room in the Bed and Breakfast. The owner-proprietor is responsible for enforcing such policies. The house policies shall include the following provisions:

(1) quiet hours shall be maintained from 9:00 p.m. to 5:00 a.m., during which any noise in the Bed and Breakfast home shall not disturb anyone on neighboring properties; and

(2) vehicles shall be parked in the designated onsite parking area.

SOURCE: Added as § 61107 by P.L. 33-165:5 (June 30, 2016), and renumbered by the Compiler.