Manchester-by-the-Sea, Mass., Gen. Bylaws § 20C (2016) § § 20C

SECTION 20C: Short Term Paying Guest in Homes

            Purpose: The rental of residential premises to short term paying guests, not
            otherwise expressly licensed for such purpose by the Town of Manchester by the
            Sea or other proper authority, shall be allowed only in properties whose owners
            have obtained an annual license in accordance with the requirements of this by-
            law from the Select Board. The licensing process is designed to protect the health
            and welfare of the short term paying guests, to ensure an orderly and transparent
            process for operating small-scale rental services, and to protect the tranquility of
            residential neighborhoods.

            Applicability: The rental of residential premises to short term paying guests is
            allowed in owner-occupied residential premises pursuant to being licensed in
            accordance with this by-law and consistent with the Town’s Zoning By-law. Short
            term paying guests are those who are staying in a dwelling unit for less than 6
            consecutive nights. The Board may allow short term paying guests provided
            suitable accommodations exist as determined by the Board in accordance with
            this by-law.

            Process: Every owner of residential premises who offers rentals to short term
            paying guests must first obtain a license to do so from the Select Board. Licenses
            are valid for a calendar year and must be renewed annually. Application for a
            license can be made at any time but the license shall expire December 31 of the
            subject year. A completed application will be reviewed and a decision rendered at
            a public meeting of the Select Board.

            Applications: Application shall be made on a form approved by the Select Board
            and shall contain sufficient information to determine the scope of the proposed
            short term rental operation, including location, number of rooms to be rented and
            whether meals prepared at the house will be served. Completed applications will
            be reviewed and acted upon within 3 weeks of submittal.

            By completing the application form, applicants shall be confirming the following:

         1. The property complies with applicable Board of Health regulations and Fire
            Department safety measures (fire/smoke alarms and CO monitors)
         2. Name of a local authorized agent who can act on behalf of the owner in the
            absence of the owner in the case of any problems, violations or emergencies
            should they arise while the owner is not present.

3. Agreement to maintain a guest registry showing the name of each guest and the
            night(s) of their stay. The registry shall be made available for review at any time
            at the request of the Enforcement Agent and/or Select Board.

         Application Fee: The Select Board annually shall set a fee for applying for a Short
         Term Guest Rental Home License. Said fee initially shall be set at $100.

         The Select Board shall grant licenses to those persons submitting applications in
         compliance with the requirements of this by-law. A license issued under this by-law
         shall not be deemed to supersede the application of any other lawful requirements
         applicable to the use authorized therein, including the necessity of obtaining other
         licenses or permits.

         Owners are encouraged to adhere to guidelines for the short term rental of rooms that
         the Select Board Members shall promulgate from time to time.

         Complaints and Enforcement:
         1. The Select Board may designate such Town officials as they deem appropriate to
            carry out the enforcement duties under this by-law. The Town Administrator
            shall supervise enforcement actions.
         2. If the Enforcement Agent, as designated by the Select Board, concludes that there
            has been a violation of this by-law or of the conditions of any license issued
            hereunder, the agent shall send notice ordering cessation of the improper activities
            to the license holder, by registered mail to the address stated on the initial
            Application, .
         3. If a license holder persists in such violation, the Enforcement Agent may seek
            enforcement of this bylaw through the mechanisms set forth in Article I, Section 4
            of the General By-laws, and the penalty for violations of this by-law shall be a
            fine of $300 for each day an offense occurs.
         4. In the event that a license holder persists in such violations, the Board may notify
            the license holder by mail, as above, of a hearing to be held not less than four (4)
            days thereafter to show cause why said license should not be revoked, and
            following said hearing, may in its discretion, modify, revoke or amend the license.
         5. Upon petition of the property owner and/or license holder, abutters, or upon its
            own initiative, the Select Board may hold a hearing to determine whether or not
            the terms of this by-law, any other applicable state, federal or local law, or the
            license itself are being complied with, and/or whether or not activities conducted
            pursuant to a license issued under this bylaw constitute a nuisance or adversely
            impact the public health, safety or welfare.
         6. The Select Board may, after hearing, mandate licensure, or modify, revoke or
            suspend a license issued hereunder. In addition, should the Select Board, after
            conducting a hearing, determine that a violation has occurred; it may direct the
            Enforcement Agent to seek enforcement of this by-law as set forth in paragraph 3,
            above.