(a) Applicants for a short-term vacation rental unit certificate shall submit, on an annual basis, an application for a short-term vacation rental unit certificate to the Director of the Department of Revenue and Taxation The application shall be furnished under oath on a form specified by Director, accompanied by a non-refundable application fee. Such application shall include:

(1) the name, address, telephone number and email address of the owner(s) of record of the dwelling unit for which a certificate is sought. If such owner is not a natural person, the application shall identify all partners, officers
and/or directors of any such entity, including personal contact information;

(2) the address of the unit to be used as a short-term vacation rental unit;

(3) the name, address, telephone number and email address of the short-term vacation rental unit emergency contact, which shall constitute his or her twenty-four (24) hour contact information;

(4) the owner’s sworn acknowledgement that he or she has received a copy of this Sub-Article, has reviewed it and understands its requirements;

(5) the number and location of parking spaces allotted to the premises;

(6) the owner’s agreement to use his or her best efforts to assure that use of the premises by short-term vacation rental unit occupants will not disrupt the neighborhood, and will not interfere with the rights of neighboring property owners to the quiet enjoyment of their properties; and

(7) any other information that this Sub-Article requires the owner to provide to the Department as part of an application for a short-term vacation rental unit certificate. The Director or his or her designee shall have the authority to obtain additional information from the applicant as necessary to achieve the objectives of this Sub-Article.

(b) Attached to and concurrent with submission of the application described in this Section, the owner shall provide:

(1) the owner’s sworn code compliance verification form;

(2) a written exemplar agreement, which shall consist of the form of document to be executed between the owner and occupant(s), and which shall contain the following provisions:

(A) the occupant(s)’ agreement to abide by all of the requirements of this Sub-Article, state and federal law, and acknowledgement that his or her rights under
the agreement may not be transferred or assigned to anyone else;

(B) the occupant(s)’ acknowledgement that the total number of occupants shall be limited to up to two (2) adult guests and up to two (2) minor guests per bedroom;

(C) the occupant(s)’ acknowledgement that it shall be unlawful to allow or make any noise which a reasonable person may deem excessive between the hours of 9:00 p.m. and 5:00 a.m.; and

(D) the occupant(s)’ acknowledgement and agreement that violation of the agreement or this Sub- Article may result in immediate termination of the agreement and eviction from the short-term vacation rental unit by the owner or emergency contact, as well as the potential liability for the payment of fines levied by the Department;

(3) proof of the owner’s current ownership of the short-term vacation rental unit or similar documentation showing possession or responsibility of property;

(4) proof of property owner’s insurance of property, to include any policies for Bed and Breakfasts, short-term rental units, or similar activities;

(5) a written certification from the short-term vacation rental unit emergency contact that he or she agrees to perform the duties specified in § 61135; and

(6) the certificate holder shall publish the short-term vacation rental unit certificate number in every print, digital and/or internet advertisement, and in any property listing in which the short-term vacation rental unit is advertised.

SOURCE: Added as § 61116 by P.L. 33-165:6 (June 30, 2016), and renumbered by the Compiler.

§ 61135. Short-term Vacation Rental Unit Emergency
Contact.

The owner of a short-term vacation rental unit shall designate a short-term vacation rental unit emergency contact on its application for a short-term vacation rental unit certificate. A property owner may serve as the short-term vacation rental unit emergency contact; provided, that such owner is able to comply with the requirements of this Section. The duties of the short-term vacation rental unit emergency contact are to:

(a) be reasonably available to handle any problems arising from the short-term vacation rental unit or its occupants;

(b) appear on the premises of any short-term vacation rental unit within two (2) hours following notification from the Director, village Mayor, or emergency personnel of issues related to the use or occupancy of the premises. This includes, but is not limited to, notification that occupants of the short-term vacation rental unit have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of the applicable law pertaining to noise, disorderly conduct, overcrowding, and consumption of alcohol or use of illegal drugs. Failure of the agent to timely appear to two (2) or more complaints regarding violations may be grounds for penalties as set forth in this Chapter. This is not intended to impose a duty to act as a peace officer or otherwise require the emergency contact to place himself or herself in a perilous situation;

(c) receive and accept service of any notice of violation related to the use or occupancy of the premises; and

(d) monitor the short-term vacation rental unit for compliance with this Chapter.

(e) An owner may change his or her designation of a short-term vacation rental unit emergency contact temporarily or permanently; however, there shall only be one (1) such emergency contact for a property at any given time. To change the designated emergency contact, the owner shall notify the Director in writing of the new emergency contact’s identity, together with all information regarding such person as required by the applicable provisions of § 61134. Review
of an application shall be conducted in accordance with due process principles and shall be granted unless the applicant fails to meet the conditions and requirements of this Chapter, or otherwise fails to demonstrate the ability to comply with the laws of Guam or the United States. Any false statements or information provided in the application are grounds for revocation, suspension and/or imposition of penalties, including denial of future applications.

SOURCE: Added as § 61117 by P.L. 33-165:6 (June 30, 2016), and renumbered by the Compiler.