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(11) Transient means any person who exercises occupancy or is entitled to occupancy by <br />reason of concession, permit, right of access, license or other agreement for a period of 30 <br />consecutive calendar days or less, counting portions of calendar days as full days. Any person <br />who in fact exercises occupancy or is in fact entitled to occupancy for a period of 31 days or <br />more, counting portions of calendar days as full days, shall be deemed not to have been a <br />transient with respect to the first 30 days of occupancy or entitlement to occupancy. <br />(b) Classification of Hotel by CFS Ratio. <br />(1) By January 10 of each calendar year, the South Bend Police .Department shall <br />determine the Call For Service (CFS)/Room Ratio of all Hotels located within the City of South <br />Bend during the previous calendar year, or during the Hotel's actual operations if less than <br />twelve (12) months. <br />(2) Based upon this CFS Room Ratio determined by the South Bend Police Department, <br />all Hotels within the City of South Bend shall be classified during that year according to the <br />following tier system: <br />a. Tier 1. Less than or equal to 0.35 CFS /Room /Year; <br />b. Tier 2. Between 0.36 CFS / Room/Year to 1.0 CFS /Room /Year; and <br />c. Tier 3. More than 1.0 CFS /Room /Year. <br />(c) Notice of CFS Ratio and Proposed Classification to Hotel Owner. By January 15 of each <br />calendar year the City Police Chief or his Designee shall notify each hotel owner within the City, <br />in writing, of the CFS /Room /Year ratio which shall be used as the hotel's classification for <br />that calendar year. <br />(d) Duties of Hotel by CFS/Room Ratio. <br />(1) A Tier 1 classified hotel owner shall not be required to make any changes to its <br />method of operations. <br />(2) A Tier 2 classified hotel owner shall be required to do all of the following: <br />a. Have a staff member on the property twenty-four (24) hours per day. <br />b. Maintain an operable surveillance camera in the lobby and parking areas at all <br />times and preserve surveillance tapes for at least thirty (30) days; and <br />c. Participate in a crime prevention assessment by the South Bend Police <br />Department or other agency recognized by the South Bend Police Department as <br />capable of providing a crime prevention assessment comparable or superior to the <br />-3- <br />