City of Avondale AZ. Licensing requirement for background check on all guests.

[Thomas3856]

I've looked at the city's webpage and the descrition of that requirement is pretty vague. It says that hosts "must conduct background checks for sex offenders on all adult guests" or something similar. I just wondered if anyone has some input on what checks to do, how they are doing them, etc. 

[Emilie]

Hi @Thomas3856, 

Is this a new requirement for the city of Avondale or something you've become aware of only recently?

It might be a good idea to check if there is a local host club in your area to connect with other hosts near you, who might know more about this: 👉 Local Host Clubs.

Additionally, perhaps some of our other members have heard of similar requirements elsewhere and will have more suggestions: @Oksana127 @Marie8425 @Nathan146 @Mary1523 have you come across requirements like this before, and do you have any advice on how to approach it?

Thanks everyone!

Emilie

[Marie8425]

@Thomas3856 

To operate a short-term rental (STR) in Avondale, Arizona, you must obtain a license from the city. The ordinance went into effect on February 1, 2024. 

Requirements 

• Pay a $250 application fee
• Get a background check for all adult guests
• Have liability insurance of at least $500,000
• Comply with fire, building, and safety codes
• Provide emergency contact information for the city
• Notify neighbors and provide them with emergency contact information

Penalties Fines of $500–$3,500 per violation and License suspension for repeated offenses. 

How to apply

You can apply for a Transaction Privilege Tax (TPT) License online at azdor.gov. 

Other considerations 

• Your HOA CC&Rs may be more strict than the city's ordinance.
• State law allows cities to require you to notify neighbors in front, to the sides, and diagonally to the STR.

[Oksana127]

Hi @Thomas3856, 

I’d strongly recommend consulting a local attorney who specializes in short-term rental regulations in Avondale, AZ to ensure compliance with local laws. The requirement for background checks on adult guests, particularly for sex offenders, may involve specific legal obligations regarding how the checks should be conducted, what databases should be used, and whether hosts can deny bookings based on the results. Missteps in compliance could expose a host to liability issues or penalties, so seeking professional legal guidance is essential.

As a Superhost, I understand that compliance with local regulations can be challenging, especially when requirements are vague. In my city, there are no such rules for background checks. The only specific regulation we have is a city tax of €1 per person per night in the capital. This makes the Avondale requirement quite unusual compared to what I’ve encountered elsewhere.

It also raises questions about privacy and handling sensitive data. A background check involves accessing personal information, which could have legal and ethical implications. If hosts are expected to collect and store such data, it’s crucial to understand who is liable for potential misuse, how long data should be kept, and whether there are specific platforms approved for these checks.

If you haven’t already, I suggest reaching out to the city’s licensing department for clarification on what constitutes an acceptable background check. Additionally, connecting with other local hosts through networking groups or online forums may provide practical insights on how they are handling this requirement in their listings.