Short-term rentals in Seabrook, explained properly.

Sec. 18-603(a) sets a non-refundable application fee of $300.00 and Sec. 18-603(f) sets the non-refundable fee for renewal at $300.00. The City's page also lists a permit fee of $300.00. The fees are written into the code section itself rather than a separate fee schedule; the section's history lists Ordinance 2022-07 (March 7, 2022) and Ordinance 2022-22 (November 1, 2022).

Under Sec. 18-603(f), unless the director revokes it earlier, the initial permit expires 24 months from the date of issuance. Later renewals run on an annual calendar year. The permit holder applies for renewal before December 31 on a form from the director, updates any changed application information, and signs a statement that the information is unchanged or accurate and complete. A complete renewal application received after the current permit expires is treated as a new-permit application. The renewal fee is $300.00. Under Sec. 18-604(a) the City inspects as part of every new permit and every renewal.

Sec. 18-603(d) says a permit is not transferable to a new property owner and requires a new owner to apply for a permit within 60 days from the closing date of the purchase or other conveyance of ownership. Failure to apply within 60 days may result in revocation or non-renewal of an existing permit or denial of a new registration. Sec. 18-603(h) repeats that a permit is not transferable to another owner, operator or location.

Sec. 18-603(e) bars any property owner who is delinquent or owing City of Seabrook fees from registering a short-term rental until the City's finance department approves payment or an acceptable resolution. The fees named include, but are not limited to, hotel occupancy tax, sanitation and water service fees.

Sec. 18-604 requires an initial inspection as part of issuing a new permit and any renewal, to verify compliance with the article. The owner is responsible for maintaining the fire extinguishers in line with the article and the City's current fire code. The City may also inspect when a violation of the article or other law is reported or suspected. Advertising must show the health and life-safety inspection expiration date (Sec. 18-605(c)).

Under Sec. 18-603(g), on receiving a complete renewal application the director or designee may deny renewal if the permit was issued in error or on the basis of incorrect information, or if (1) the permit holder has pleaded no contest to or been convicted of a violation of a City ordinance or a state or federal law related to operating a short-term rental on the premises, or has permitted such a violation by another person (examples include parking, noise, littering, destruction of property, disorderly conduct or failure to pay hotel occupancy taxes), or (2) there are grounds for suspension, revocation or other registration sanctions under the article.

Sec. 18-610 lets an owner or operator appeal a denial or revocation to the city manager by written notice delivered within ten business days. The city manager has 20 business days from receipt to give a written decision affirming, modifying or reversing. If a permit is denied, suspended or revoked, the appellant may within ten business days of service of notice request a hearing to show cause; the hearing is scheduled within 30 business days of the request, with notice ten business days before. Judicial review may be sought in the appropriate district court within 30 calendar days after service of the decision; the applicant bears the burden of proof and the substantial evidence standard applies.

Sec. 18-605(e) caps the number of occupants allowed to sleep in a short-term rental at two per sleeping room plus an additional two. The definitions section defines a bedroom as a room designated and used primarily for sleeping on a bed, air mattress, cot or couch, and a sleeping area as a habitable space designed or used for sleeping (tents, hammocks and recreational vehicles do not count); every sleeping area must have at least one operable emergency escape and rescue opening under the City's adopted codes. The maximum occupancy as permitted must appear in all advertising, and the application floor plan proposes the maximum number of guests.

Sec. 18-605(d) requires not less than one full bathroom for each five occupants, according to its chart: 5 occupants, 1 full bath; 6 to 9 occupants, 1 full bath and 1 half bath; 10 occupants, 2 baths; 11 to 14 occupants, 2.5 baths; 15 occupants, 3 baths; and so on. A full bathroom must meet the minimum International Residential Code standards and include a washbasin, toilet and tub or shower. A half bathroom needs at least a washbasin and toilet, and a full bathroom may be used in place of a half bath.

Sec. 18-605(a) applies to all permitted short-term rentals. The number of required spaces comes from the zoning ordinance, which was not read. No required parking is permitted within the public right-of-way or access easements as defined by City code or state regulations, and yards may not be used to provide the necessary parking. Guest information must include parking restrictions, trash collection schedules, the location of required off-street parking and the prohibition of parking on landscaped areas (Sec. 18-606(a)(2)).

The application must name a contact person with a 24-hour telephone number who is responsible and authorized to respond to complaints (Sec. 18-603(a)(2)). Under Sec. 18-605(b) the owner must give the City timely updates of any change to the contact's name, address and 24-hour number, within one hour or less per the code's wording. If a law enforcement officer responds and issues a citation, the responsible person may be contacted by the officer or the City. The responsible person must attempt to contact the occupants within one hour of any contact from the City about complaints. After a second complaint and citation to occupants or guests, the owner and responsible party must take appropriate steps to prevent future complaints. Failing to give updated contact information is a violation of the section.

Sec. 18-605(c) requires the short-term rental permit number, the maximum occupancy as permitted and the health and life-safety inspection expiration date in all advertising. Sec. 18-605(g)(6) makes it unlawful to omit the permit number from any advertisement, including online, within the description or body. Sec. 18-605(f) requires the City-issued permit to be posted at all times in a prominent location inside the property.

Sec. 18-606 requires each owner to give guests a brochure and post, in a conspicuous location, the owner, operator or agent's name and 24-hour number; neighbourhood information such as parking restrictions, trash collection schedules and the location of required off-street parking; the noise restrictions in Chapter 55, Article II; emergency and non-emergency telephone numbers for police, fire and emergency medical services; and a floor plan showing the dwelling's exits and primary and secondary evacuation routes.

Sec. 18-603(a)(5) requires all floors with an enclosed space of any kind to have at least one Class 2A:10B:C (standard five-pound) fire extinguisher mounted so as to be conspicuous and convenient for the occupants. The owner swears in the application to obtain annual inspections of the required extinguishers under the article and the City's current fire code (Sec. 18-603(a)(7)) and is responsible for maintaining them (Sec. 18-604(b)). The floor plan must show the location of all extinguishers and smoke alarms. The City's page adds that each short-term rental must have working smoke alarms and carbon monoxide detectors as required by the City-adopted Building and Fire Codes.

Sec. 18-605(g)(7) lists, among the unlawful uses, use of a short-term rental for rental periods of less than 24 hours. The same paragraph also makes unlawful the use of a short-term rental to promote illegal activities, for temporary or transition housing for registered sex offenders, to operate a structured sober, recovery or other purpose living home, to sell illegal drugs or alcohol or another activity needing a permit under the Texas Alcoholic Beverage Code, or to operate a sexually oriented business. A rental of fewer than 30 consecutive days is what makes a dwelling a short-term rental under the definition.

Sec. 18-605(g) makes it unlawful to operate a short-term rental in a way that does not comply with all applicable city and state laws and codes; to rent to a guest under 21 (an adult is 21 or older); to post or allow external signage on or off the premises that indicates the property is a short-term rental; and to permit the use of tents, hammocks, recreational or camper vehicles or other vehicles and outdoor areas that are not residential dwellings as short-term rentals. It is also unlawful to operate without paying the required hotel occupancy taxes (see the tax rule).

The application must include an acknowledgement that a permit does not supersede property-specific restrictions against short-term rentals under law, agreement, lease, covenant or deed restriction (Sec. 18-603(a)(3)). Sec. 18-609 adds that nothing in the article gives a property owner the right or privilege to violate private conditions, covenants and restrictions that may prohibit use of the property as a short-term rental.

Sec. 18-602 says a person commits an offense under the article by owning or operating a short-term rental in the city without a valid permit. Sec. 18-605(g) lists further unlawful acts.

Sec. 18-609 requires the owner, operator, local contact person and guests to comply with all applicable laws, rules and regulations on operating, using and occupying a short-term rental, and says the owner is not relieved of civil or criminal liability for a violation of the article whether committed by the owner, operator, local contact person or guest.

Sec. 18-608 says complaints about short-term rental operation, including noise, garbage, parking and disorderly conduct by guests, are reported to the city code enforcement office. The City's page instead names the Fire Marshal's office by email for complaints; the code text is followed here.

Sec. 18-605(g)(3) makes it unlawful to operate a short-term rental without paying the required hotel occupancy taxes, and Sec. 18-603(e) bars registration by an owner who owes City fees including hotel occupancy tax. A conviction or no-contest plea for failing to pay hotel occupancy taxes can be a ground to deny renewal (Sec. 18-603(g)(1)). The City's page says the tax is paid to the City and links a credit card payment page. The City rate on its page is 7% (see the tax rate rule); State hotel tax duties are inherited from the Texas layer.

Texas Tax Code § 156.052 sets the state hotel occupancy tax at 6% of the price paid for a room, and § 156.051(a) applies it to rooms or spaces costing $15 or more a day. Section 156.001(b) makes a short-term rental (renting all or part of a residential property to someone who is not a permanent resident) a "hotel" for state and local hotel occupancy taxes. Stays of at least 30 consecutive days, with no interruption of payment, are not taxed (§ 156.101). Local hotel taxes are added on top and vary by city and county.

Whoever owns, operates, manages or controls a hotel must collect the state tax (Tax Code § 156.053), and the Comptroller's office treats short-term rentals the same way. The Comptroller does not issue printed hotel tax permits; a business that reports the tax sends Form AP-102 (Hotel Occupancy Tax Questionnaire) to the Comptroller. A short-term rental platform that has agreed with the owner to collect and remit state hotel tax files Form AP-102 itself, and an owner who rents only through such a platform does not collect and remit the state tax. An owner who takes bookings directly or through a platform that does not collect must collect and remit the state tax. Local hotel taxes are handled separately by the city and county.

Each calendar month is a reporting period, with the return and tax due to the Comptroller by the 20th of the following month (Tax Code § 156.151(b)). A taxpayer who owes less than $500 for a month or $1,500 for a quarter files quarterly, due the 20th day after the quarter ends (§ 156.151(c)). The Comptroller allows a 1% discount when the return is filed and paid on time.

Cities, some counties and special purpose districts may levy their own hotel taxes, generally up to 7%, and sports or community venue projects may add up to 2% (Dallas County up to 3%). Local hotel taxes apply to sleeping rooms costing $2 or more a day. The Comptroller collects only the 6% state tax; cities and counties collect their own local hotel taxes, so hosts should check with the city and county where the rental is.