Short-term rentals in Leadville, explained properly.

Section 5.12.090(K) sets a maximum of 165 total active licenses in the city at any time. Resident-occupied licenses on a single-unit parcel with only one active license are exempt from the cap, and so are 'Class 1' licenses on a parcel with only one active license. Licenses for owner-occupied parcels with two or more short-term rental units count as one license toward the cap. Condominium units are each eligible for one license, and condominium units that are not resident-occupied count toward the cap (Sec. 5.12.090(R)). On renewal, capped licenses that are renewed on time by owners in good standing will be approved; late renewals are considered first come, first served, and a capped license is not renewed unless the unit was rented at least 14 days in the previous term (or a one-time affidavit of non-use is filed). Section 5.12.050, which pertained to classes of licenses, was repealed on September 17, 2024, but Sec. 5.12.090(K) still refers to Class 1 licenses; we could not tell from the text read which licenses that now covers, so the rule is marked for review. How many licenses are active now was not available to us.

Section 5.12.090(L) says the City issues no more than one license per parcel, subject to the chapter. A parcel may be eligible for more than one license case by case if the extra licenses are approved through the Chapter 17.50 permitting process before a license is issued. Applicants for two or more licenses on a resident-occupied parcel, or three or more on a parcel that is not resident-occupied, need an administrative permit before the City will process the application. The operation of two units on a parcel that is not resident-occupied is prohibited; one unit on such a parcel is permitted, and the operation of two or more units on a resident-occupied parcel is permitted. For condominium developments, each condominium unit is eligible for one license and the per-parcel limit does not apply. Chapter 17.50 was not read, so the permit standards are not described here.

Section 5.12.090(O) says only dwelling units and accessory dwelling units, or guest units within a dwelling unit or accessory dwelling unit, may be eligible for a short-term rental license, and no vehicle is eligible. The chapter takes these terms from Chapter 17.08, which we did not read.

Licenses are effective from May 1 until April 30; an applicant who obtains a license on or after May 1 pays the entire license fee and the license expires on the following April 30 (Sec. 5.12.080). Renewal applications are due before April 30; late renewals are considered first come, first served. The City approves a renewal if the form is complete, the fee is paid, a new safety affidavit is filed, no current violations exist, the owner has not been cited or convicted of more than one violation related to the unit in the last twelve months, and, for licenses subject to the cap, the unit was rented at least 14 days in the previous term. An affidavit of non-use can replace the 14-day showing once; affidavits of non-use are not allowed for later renewals.

Section 5.12.090(Q) says no license is transferable from one person to another or from one location to another. An owner that is a business entity whose membership or ownership changes must notify the City and apply for a new license within 30 days. Owners must also tell the City of a change in ownership of the property, the owner's address or contact information, or the local agent within five days (Sec. 5.12.090(G)).

Section 5.12.060(B) says all fees and fines in the chapter are set by City Council resolution and included in the City's fee schedule, and the application is complete only when the applicable fees are paid. Each annual safety check is also subject to a fee in the fee schedule (Sec. 5.12.090(J)). The City's fee schedule page could not be read, so no fee amount or fee-schedule date is shown. Confirm the current amounts with the City.

Section 5.12.060(A) lists the items a complete application must include: owner and local agent contact information; the unit address and description; a site plan showing trash receptacles and available parking; a signed acknowledgement of the regulations; proof of ownership and, for business entities, proof of authorization; a current state sales tax license and a current Lake County sales and lodging tax license issued to the owner or local agent; proof that property tax payments are current; an owner's safety-features affidavit; proof of insurance sufficient to operate a short-term rental unit; any required administrative permit; the fees; and other information the City needs, including proof of primary residence for a resident-occupied application. The City may require a meeting with the applicant. The site plan must show available parking but does not oblige the owner to provide off-street parking.

The application must name a local agent, and the definition requires that person or management company to be available 24 hours a day, 7 days a week as the initial point of contact (Secs. 5.12.030, 5.12.060). The local agent must have access to and authority to take over management and take remedial measures, and must respond to complaints about the unit, whatever their source, within 24 hours (Sec. 5.12.090(A)). Changes in the local agent or their contact information must be reported to the City within five days.

Section 5.12.090(C) sets the limit at two persons per bedroom available for lease plus two additional persons; the code's example is a three-bedroom rental, which has a limit of eight persons. Short-term rental units may not be used to host large gatherings, meaning a gathering that exceeds the maximum occupancy limit (Sec. 5.12.090(M)). The occupancy limit must be posted in the unit.

Each application site plan must show the parking available, which may be on-street, off-street or both, but this does not oblige the owner to provide off-street parking (Sec. 5.12.060(C)). Owners must include a reference to the available parking, and the location of any designated parking, in all official listings, and must post the City's 'good neighbor' parking information in the unit and, if possible, give it to renters before arrival (Sec. 5.12.090(D)). Parking is prohibited in any landscaped area, in any manner that blocks ingress or egress for adjacent properties, or in any manner that blocks access to neighbors' mailboxes.

Section 5.12.090(E) requires each unit to provide trash receptacles for all garbage renters generate. Owners must ensure garbage is placed in covered, secured receptacles within 24 hours of the end of a rental period and that all trash is removed from the unit within seven calendar days of the end of any rental period.

Units must have an appropriate number of functional smoke detectors, carbon monoxide detectors and fire extinguishers and adequate egress and other safety features under applicable fire or building codes, as set by the City's fire marshal and the City's short-term rental safety checklist (Sec. 5.12.090(F)). The owner signs a safety affidavit with each application and renewal. Owners or local agents must allow the City access once a year to verify the affidavit and to investigate a safety complaint; each safety check carries a fee in the City's fee schedule. After a check, the City can give instructions and a compliance deadline, and failure to comply can lead to suspension, revocation or denial of renewal (Sec. 5.12.090(J)). The City's safety checklist and fire page could not be read.

Section 5.12.090(B) requires a conspicuous sign inside each unit with the local agent's name and contact information; the license number; the unit's address; the occupancy limit; available parking; a statement that vehicles must be parked in the indicated spaces unless they are unavailable; police, fire and ambulance contact information; and the location of fire extinguishers and fire escape routes with contact information for reporting safety concerns. Any signs on the property related to the rental must comply with the Sign Code (Chapter 17.80).

Section 5.12.090(N) prohibits owners, local agents and renters from creating, operating, maintaining or conducting any nuisance defined in Title 8 or elsewhere in the code. A violation of the chapter is a nuisance under Chapter 8.08 and may be subject to its abatement procedures (Sec. 5.12.130(C)). Title 8 was not read.

It is unlawful for any owner, local agent, other agent or renter to violate the chapter, and violations are subject to the penalties in Chapter 1.20 in addition to suspension and revocation (Sec. 5.12.130). The City may also seek an injunction or other remedy at law or in equity. Chapter 1.20 was not read, so no fine amount is shown.

The City designee may suspend a license (for up to one year) if the owner or local agent was found guilty by the Leadville Municipal Court of violating the chapter more than once in the license term, or operated in violation of a building, fire, health or safety code and failed to cure it (Sec. 5.12.110). The designee must revoke a license if it was suspended more than once in 12 months, false information was given, the owner knowingly operated while suspended, or a fact exists that would have warranted denial; a revoked licensee cannot be issued a license for one year. After three substantiated complaints about separate incidents in a license term the City may call a show cause hearing before City Council, held no sooner than ten business days after notice (Sec. 5.12.080(C)). A denial, suspension or revocation may be appealed in writing to City Council within five business days of the notice, with a hearing within 30 days (Sec. 5.12.120). No license fee is refunded on suspension or revocation.

Under Chapter 3.36, every vendor who furnishes public accommodations for a fee must collect the tax and remit it quarterly, due the last day of January, April, July and October for the three preceding months, under the administrative provisions of Chapter 3.28. The vendor acts as trustee for the City and is liable for collection and remittance. It is unlawful for a vendor to fail to collect or remit the tax, and for a person who rents public accommodations to fail to pay it. Violations are punished under Chapter 1.20. The City's tax forms and filing portal were not read.

Colorado charges its 2.9% state sales tax on the entire amount charged for rooms and accommodations. A stay may also owe local sales taxes that the Colorado Department of Revenue collects for counties and special districts, and any sales tax of a home-rule city that collects its own tax (see below).

State sales tax does not apply to a room or accommodations rented to a person who is a permanent resident of it and has a written agreement to occupy it for at least 30 consecutive days. Shorter stays are taxed.

The Colorado Department of Revenue says anyone who offers rooms or accommodations for rent must get a Colorado sales tax license and collect sales tax on taxable rentals. A seller who makes sales only through a marketplace may be exempt from licensing, collection and filing if the marketplace collects all state and state-administered local sales taxes for them. The license costs $16 (prorated) plus a $50 deposit, a separate license is needed for each business location, and licenses expire on December 31 of odd-numbered years.

For rooms rented through a marketplace (including online platforms), the marketplace facilitator must collect and remit the state sales tax and the local sales taxes the state collects, plus any county lodging tax and local marketing district tax. City taxes in home-rule cities are separate (see below).

Colorado counties may add a county lodging tax, regional transportation authorities a visitor benefit tax, and local marketing districts a marketing tax on rooms subject to state sales tax. County lodging and visitor benefit taxes are filed quarterly with the Department of Revenue on form DR 1485; the Department's DR 1003 publication lists the rates.