Short-term rentals in Bainbridge Island, explained properly.

Sec. 5.38.050(A) lists: owner name, address and phone; whether the unit is the owner's primary residence; any authorized agent; addresses of other short-term rentals the owner operates on Bainbridge Island; the address and county plat number, all listing sites and listing numbers; the number of rooms and the occupancy stated on listings; existing on-site parking spaces designated for the exclusive use of the rental; a local contact person available 24 hours a day, 7 days a week to respond within 60 minutes; the planned number of days per year the unit will be available, whether the owner will reside on the property or occupy the unit part of the year, and whether a property management company will be used; the written consent of any applicable homeowners' association or condominium owners' association; and a certification under penalty of perjury that the information is true. The City manager or designee may require other information.

Sec. 5.38.050(B) says the initial application and any renewal application must be accompanied by a nonrefundable fee in an amount established by City Council resolution, and that the fee is to be no greater than is necessary to cover the costs of processing the application. The resolution and its effective date haven't been reviewed.

Sec. 5.38.050(C) requires the City to mail notice of the application or renewal to all residents and owners of property within 300 feet. Short-term rental units that are the primary residence of the owner and which the owner continues to occupy during the short-term rental are exempt from this subsection.

Sec. 5.38.050(E) and (F). The City must grant the certificate unless a ground for denial, suspension or revocation exists or the applicant fails to show the ability to comply with the chapter and other applicable rules (Sec. 5.38.050(D)).

Sec. 5.38.060(A). Brokers are also covered by the chapter's definitions and by the duty to stop listing a unit whose certificate is suspended or revoked (Sec. 5.38.080(H)).

Sec. 5.38.060(B) and (C). The exterior notice is a standardized design, posted in plain view of the public and kept in good condition by the owner or agent. Units that are the owner's primary residence and that the owner continues to occupy during the rental are exempt from the exterior notice requirement.

Sec. 5.38.060(E). The count excludes bathrooms, storage rooms, mud rooms, hallways and other areas not normally associated with overnight occupancy, and all other applicable occupancy laws still apply. The certificate states the maximum number of overnight occupants and of vehicles (Sec. 5.38.050(F)).

Sec. 5.38.060(D). Owners must also ensure guests comply with City parking, trash and refuse, and noise rules, including Chapters 8.16, 9.70 and 10.08 BIMC, and must follow Chapter 8.24 BIMC (disposable food service ware and waste reduction) as it applies to lodging establishments (Sec. 5.38.060(F), (G)).

Sec. 5.38.040 lists race, color, creed, religion, sex, gender, sexual orientation, gender identity, ancestry, disability, use of a trained dog guide or service animal, veteran or military status, familial status, national origin, citizenship, immigration status and lawful business relationship.

Sec. 5.38.070 requires collection and remittance of all lodging excise taxes imposed by Chapter 3.65 BIMC to the Washington State Department of Revenue, with taxes for units inside the City identified separately from any collected for properties outside it. Owners, agents and brokers are also responsible for all other applicable taxes and fees imposed by the City or any other unit of government, including any tourism promotion area or business improvement district, whether or not the owner occupies the unit.

Sec. 5.38.080(C) grounds: verified complaints; material misrepresentation on the application; a violation of any state or local law, including zoning, building, health, sanitation, safety or occupancy rules; a violation of the chapter or other law in renting the unit; or delinquent fees, assessments or taxes owed to the City related to the unit or property. An appeal stays the decision and the certificate stays valid until the Council decides; the Council upholds the decision unless it is not supported by substantial evidence or is clearly erroneous, and its decision is final subject to a writ of certiorari in Kitsap County superior court within 14 calendar days. When a certificate is suspended or revoked, the owner and agent must immediately stop renting the unit as a short-term rental, brokers must stop listing it, and the City notifies residents and owners within 300 feet.

Sec. 5.38.090 provides that a violation of any provision of the chapter is a civil infraction assessed a monetary penalty as provided in BIMC 1.24.010, and that each day or portion of a day in which the violation is committed, continued or permitted is a separate civil infraction.

RCW 82.08.020(1) levies a tax equal to six and five-tenths percent of the selling price on each retail sale in this state, including services within the RCW 82.04.050 definition of retail sale. The Department of Revenue's lodging taxes guide says lodging taxes are reported in addition to state and local sales tax, that additional charges directly related to the room rental (pet, smoking, cleaning, damage and early or late departure fees) are taxed in the same manner as the room, and that charges for telephone, parking, laundry and meeting rooms are not subject to lodging taxes. The local sales tax rate is added to the state rate and varies by location; it is not stated in these sources, so this page gives no combined total. The statute page also shows an additional state allocation beginning July 1, 2027 that is deposited in the multimodal transportation account (RCW 82.08.020(7)); the sources read do not say it changes the rate charged.

RCW 67.28.180(1) authorizes the legislative body of any county or city to levy a special excise tax of not to exceed two percent on the sale of or charge made for the furnishing of lodging that is subject to tax under chapter 82.08 RCW, subject to the conditions in subsections (2) and (3). Subsection (2)(a) requires a county ordinance or resolution to allow a credit against the county tax for the full amount of any city tax on the same taxable event, with exceptions for certain bond arrangements listed in the statute. This is the cap in this section only; the sources read do not list each place's actual rate. The Department of Revenue says consumers pay the special hotel/motel tax on transient lodging in many locations, that a convention and trade center tax applies to lodging in King County, and that tourism promotion area charges apply in designated areas; check the Department's tax rate lookup for the address. Each place's page shows its own local rate where it has been read.

WAC 458-20-282 says a marketplace facilitator must collect and remit sales or use tax on all taxable retail sales sourced to Washington on behalf of marketplace sellers, and from January 1, 2020 must also collect and remit other applicable taxes and fees, listing lodging taxes and charges as an example. The exclusion for travel agency and hotel marketplaces does not apply to a marketplace that facilitates the retail sale of transient lodging in homes, apartments, cabins or other residential dwelling units. Facilitators must register if they pass the thresholds the Department lists (more than $100,000 in combined Washington gross receipts, or physical presence nexus, among others). The Department's lodging guide says some marketplaces have agreed with it to collect and pay the taxes due on short-term rentals, tells the host to check the contract with the marketplace or property manager, and says a host may still have to register or report rental income and claim a 'Gross Sales Collected by Facilitator' deduction; it names Airbnb as collecting state and local retail sales tax, special hotel/motel taxes and convention and trade center taxes. Service fees or commissions charged by a marketplace or property manager cannot be deducted. The sources read do not say which other platforms collect, or whether a given booking site has done so for a given listing; check with the platform and the Department.

The statute and Department of Revenue pages saved for this state are tax provisions: RCW 82.08.020 (sales tax), RCW 67.28.180 (local lodging tax) and WAC 458-20-282 with the Department's marketplace and lodging guides. None of them sets a rule on whether or where a short-term rental may operate, requires a statewide registration, or limits what a city or county may require. We did not search the Washington Legislature's bill records or the chapters on landlord-tenant, local land use or hotel licensing, so this field is not a finding that Washington has no such law; it is marked for review until those are searched. Local ordinances, such as Bellingham's, set the licence and zoning rules.