Short-term rentals in Peachtree City, explained properly.

Permits run 730 days from issuance (the section calls them annual permits but sets the 730-day term). Holders in good standing renew by filing a renewal application in proper form and paying the required fees. Renewal applications must include documentation of payment of excise and sales taxes and re-inspection approval from the city fire marshal, plus other documents the department requires. A permit holder who is revoked cannot reapply for 24 months.

The application goes to the planning and development department and includes: a statement that each applicant is a United States citizen or legal resident; contact details; the rental's address; consent to a criminal background check; a copy of the deed showing the applicant owns the premises; a passed inspection report or similar approval from the fire marshal and from the building official; all other state and local permits that apply; a copy of the guest occupancy agreement required by O.C.G.A. 43-21-3.2 (covering the noise ordinance, the special event prohibition, the sub-leasing prohibition and a trespass notice); an affidavit swearing to use of a platform that complies with state law and collects the appropriate sales and lodging taxes; and the local contact person's details. Applicable fees are paid with the application under a schedule adopted by the City Council; that schedule hasn't been reviewed yet.

Sec. 917.8(b) says no permit is issued where any individual with an interest in the rental (operator, owner, partner, principal stockholder or licensee, directly or indirectly) has been convicted or entered a nolo contendere plea within five years for a felony or a crime involving moral turpitude, or within two years for a misdemeanor of any state, the United States or a municipal or county ordinance that would affect the applicant's ability to properly conduct the business. Traffic offenses are excepted.

Upon issuing a new short term rental permit, the City mails a notice to all residential properties within 200 feet of the rental's property line.

Each owner designates at least one local contact person with access and authority to run the rental and take remedial measures; the owner may serve. The contact person must be at least 21, must respond to the location 24 hours a day, seven days a week, and within one hour after the City gives notice of a violation or disturbance. A managing agent may serve if licensed under state law. The owner is responsible for compliance, and a contact person's failure counts as the owner's. A change of contact person or phone number must be reported to the department in writing and posted in the guest areas within ten days and before occupants can rent.

No more than three guests are allowed per bedroom. A City representative confirms the number of bedrooms on site and a maximum overnight sleeping occupancy is established for the permit. Bedroom size minimums also apply: a bedroom occupied by one person needs at least 70 square feet and one occupied by more than one person needs at least 50 square feet for each occupant.

All structures used for short term rentals must satisfy the National Fire Protection Association and International Fire codes as adopted and amended by the state department of community affairs, and chapter 38 of the City Code. Swimming pools, spas and hot tubs must comply with the International Swimming Pool and Spa Code and chapter 18 of the Code as it applies to barriers and flotation devices. Bedrooms need access to a water closet and lavatory without passing through another bedroom, and a below-grade space is a bedroom only if it meets the window and clearance requirements in Sec. 917.12(f). The rental must be kept in compliance with standards in the Code.

Special events or private functions are not permitted at short term rentals. In addition to the definition in Sec. 917.4 (an organized activity such as a festival, party, reception, celebration or assembly), more than two times the maximum overnight sleeping occupancy on the premises at one time counts as a special event.

The permit number must appear on all advertisements for the short term rental (Sec. 917.13(c)). Separately, no advertising may be visible from the street or from adjoining properties, no exterior alterations may be made to show the home is a short term rental, and house numbers must be visible from the public street at all times (Sec. 917.12(c) and (d)).

The permit must be conspicuously displayed. Each rental must post a legible notice clearly visible to guests with: the owner or local contact person's name and a telephone number reachable 24 hours a day; the maximum number of overnight occupants, on the City's form; a notice that an occupant may be cited and fined for a disturbance or a violation of the Code; and a notice that the rental cannot be used for special events, parties or private functions.

The operator keeps a registry of guest names, dates of occupancy, city of permanent residency, and the description and license plate number of the vehicle used. It is kept for at least 30 days and made available to the City, the county board of health or law enforcement when presented with a warrant, or immediately in exigent circumstances.

Operators of short term rentals may not serve food to guests for sale or otherwise, and no food preparation, except beverages, is permitted within individual bedrooms.

The operator may not permit any occupant to sublet the premises and must notify occupants of the prohibition in the guest occupancy agreement required by O.C.G.A. 43-21-3.2.

Penalties within any 12-month period are a citation and a fine not to exceed $500 for the first violation, $750 for the second, and for the third a citation, a fine not to exceed $1,000, revocation of the permit for 24 months and no eligibility to reapply for the property for 24 months. Each day the rental is marketed or rented for overnight accommodation is a separate violation. Enforcement can be brought against occupants and guests as well as the owner or local contact person. Violations include three or more complaints from at least two different property owners or occupants within six months for the same rental.

A permit may be revoked after notice and hearing for fraud or false statements, any violation of the article, or operating in an unlawful manner or in a way that is a menace to public health, safety or welfare. Written notice of the hearing goes out at least five days before it and suspends the permit while the matter is pending. The city manager decides after the hearing, and an adverse decision can be appealed within ten days to a court of competent jurisdiction by writ of certiorari. An owner whose permit is revoked cannot reapply for 24 months.

Complaints may result in a notice of violation directed to the local contact person, who must contact the responsible guests to correct the problem within one hour and visit the property to confirm compliance unless compliance can reasonably be confirmed without a visit. The planning and development department, code enforcement and the police can investigate, including by inspection, law enforcement reports, online searches, citations, or neighbor photos, sound recordings and video.

Georgia charges sales tax on accommodations. The state rate is 4%, and each county adds its own local sales taxes; the Georgia Department of Revenue publishes the combined rate for every county in a quarterly rate chart.

Georgia charges a $5.00 State Hotel-Motel Fee for each night an accommodation is rented, including short-term rentals. It is a flat amount per night, not a percentage of the rent, and is collected from the guest.

The $5 state fee does not apply once a stay becomes an extended stay: from the 31st day of uninterrupted occupancy by the same guest, the fee is no longer collected. If the guest checks out and checks back in, the count starts again.

If you list your home with an online booking platform that handles payment (a "marketplace innkeeper"), the platform must collect and remit the state hotel-motel fee for each night of those stays. For stays you book yourself, you collect and remit the fee.

Owners who collect the state hotel-motel fee must register on the Georgia Tax Center for a sales tax number and a state hotel-motel fee number, and file the fee return electronically by the 20th of the following month. A return is due every month, even when no rooms were rented and even if sales tax is filed quarterly or yearly.