Short-term rentals in Kingman, explained properly.

Every application, including a renewal, must be accompanied by a nonrefundable fee established by City council resolution (8-152(c)). An application can be denied for failure to pay the fee (8-152(d)(2)). The fee schedule hasn't been reviewed yet, so no amount is shown.

All permits are valid for one year from the date of issuance unless suspended or revoked (8-152(g)). Unless the City has received a new application with the fees, it is unlawful to operate a vacation rental after the expiration date on the permit.

The City form, signed by the applicant, asks for the physical address, the owner's name, address and telephone (and the legal name and statutory agent of an entity), each designee, the full name, address and 24-hour phone of the emergency contact, proof of a valid transaction privilege tax license, an acknowledgment of the duty to comply with all laws including that the owner and each designee is not a registered sex offender and has not been convicted of listed felonies within five years, an attestation of neighbor notification, and proof of lawful presence for an individual applicant (8-152(b)). The application information is made publicly available.

The City may deny a permit if the applicant failed to provide required information or pay the fee, provided false information, or the owner or designee is a registered sex offender or has been convicted of a felony causing death or serious physical injury, or a felony use of a deadly weapon within five years (8-152(d)). A denial can also rest on a suspended permit for the same rental at the time of application, one violation of the 8-154 prohibited uses, or three violations of the article within 12 months (aesthetic, solid waste and parking violations that are not a serious threat to health and safety are not counted). Notice of denial is mailed with the right to appeal under 8-158 (8-152(e)).

The owner or the contact on the permit application must be on the premises or available by phone or text within 60 minutes when a police officer asks, and must respond to all other complaints in person, by phone, email or text within 24 hours (8-153(a)-(b)). Notice of any change to the contact information is due at least 10 days before the change (8-153(c)). A violation is a civil offense, and the owner can face civil penalties of up to $1,000 for every 30 days the owner fails to give the required notice, after 30 days' written notice of violation (8-153(d)-(e)).

The written notice, in the form required by the City, must include the permit number, the physical address of the vacation rental, and the name, physical address, email address and 24-hour telephone number of the emergency contact (8-155(a)). Any change to that information needs additional notice not later than five days before the change (8-155(b)). The owner attests to compliance at the time of application (8-155(c)). A violation is a civil offense.

Section 8-154(b) lists these as strictly prohibited uses, along with any other use prohibited by A.R.S. 9-500.39 or the City code. A vacation rental without a valid Arizona transaction privilege tax license may not be rented or offered for rent (8-154(c)), and no person may accept payment for facilitating the rental of a vacation rental operating in violation of the code (8-154(d)). A designee's failure to comply does not relieve the owner of liability (8-154(f)).

Section 8-154(a) requires compliance with federal, state and local laws on public health and safety, sanitation, solid waste, hazardous waste, tax privilege licensing, property tax registration, traffic control, pollution control, noise, property maintenance and nuisance abatement. The purpose section says the regulations are in addition to other City codes (8-150).

The penalties apply to an owner who causes, allows, facilitates, aids or abets a verified violation or fails to perform a required act (8-157(b)); violations arising from the same response to an incident count as one. The remedies are cumulative (8-157(a)). A vacation rental that fails to apply for a permit within 30 days of the application being made available must stop operating immediately, and the City may impose up to $1,000 per month after written notice (8-152(h), 8-157(c)). Anyone who causes, allows, facilitates or aids a violation commits a civil offense (8-154(e)).

The City may start an administrative process to suspend a permit for up to 12 months for three verified violations of the article within a 12-month period (aesthetic, solid waste and parking violations that are not also a serious threat to health and safety are not counted), or for one verified violation involving a felony at or near the rental by the owner or designee, serious physical injury or wrongful death from knowing, intentional or reckless conduct, housing a sex offender, a sober living home, adult-oriented or sexual offenses, or a special event or retail, restaurant or banquet use (8-156). A court may also suspend use of the property as a vacation rental for up to 12 months after a listed felony (8-159).

A person aggrieved by a denial or refusal to issue a permit, a suspension, or a penalty may file a written notice of appeal on a City form with the city manager no later than 30 days from the date of the decision letter (8-158(a)). An appeal does not stay a permit suspension (8-158(b)).

Applies to: Subject to change if state law is amended

A.R.S. § 9-500.39(A) bars Arizona cities and towns from prohibiting short-term rentals, and subsection (B) lists the only ways they may regulate them (health and safety rules, zoning and nuisance rules applied like other residential property, emergency contact, a local permit, neighbor notice, permit number in ads, insurance, and owner residency on some properties with an accessory dwelling unit). Permit caps and minimum-distance or spacing limits are not on that list, and the statute applies to cities of every size.

Short-term rental income (stays under 30 days) is subject to Arizona transaction privilege tax (TPT), so hosts need a TPT license from the Arizona Department of Revenue (a seasonal license can be chosen on AZTaxes.gov) and must include the TPT license number in any advertising for the rental. A city business license, where a city requires one, is separate from the TPT license.

Arizona's state transaction privilege tax rate on the transient lodging classification (A.R.S. § 42-5070) is 5.5%, set by A.R.S. § 42-5010(A)(2). County and city taxes are added on top and vary by location.

Hosts must file a TPT return for every period even if the property was not rented, filing a $0 return rather than skipping the filing.

Separately from tax licensing, every Arizona county requires residential rental properties to be registered with the County Assessor, and penalties can apply to rentals that are not registered. A.R.S. § 9-500.39(J) keeps this duty in place for short-term rental owners.