CHAPTER 3-04
MOTELS AND HOTELS
SECTIONS:
3-04-001-0001 DEFINITIONS:
3-04-001-0002 APPLICATION OF CHAPTER:
3-04-001-0003 POSTING OF RATES:
3-04-001-0004 REGISTERS REQUIRED:
3-04-001-0005 FILING WITH CITY’S TAX, REVENUE AND LICENSING ADMINISTRATOR
3-04-001-0006 PENALTY CLAUSE
3-04-001-0001 DEFINITIONS:
In this Chapter, unless the context otherwise requires:
CONTRACTED RATES: The term "contracted rates" means negotiated room rates that are discounted below the posted rates.
OPERATOR: The word "operator" includes a manager or any person in charge of the operation of motels, motor hotels, motor courts, motor camps, hotels and like establishments. "Operator" or "owner" includes natural persons, firms and corporations.
OUTDOOR or OUTSIDE SIGN: The term "outdoor sign" or "outside sign" means any sign visible to passers-by whether it is located within or without the building.
ROOM RATES: The term "room rates" means the rates at which rooms or other accommodations are rented to occupants.
SURCHARGE: An additional amount added to the usual room rate.
(Ord. No. 2005-06, Amended 03/01/05)
3-04-001-0002 APPLICATION OF CHAPTER:
This Chapter shall apply to operators and owners of motels, motor hotels, motor courts, motor camps, hotels and like establishments.
3-04-001-0003 POSTING OF RATES:
A. It is unlawful for any owner or operator of an establishment within the scope of this Chapter to post or display misleading or fraudulent room rates, or that contains any untrue, false, misleading, or fraudulent representation relating to room rates. For purposes of this Chapter, an outdoor or outside sign will be deemed misleading or fraudulent if:
1. no rooms within that establishment are available for immediate occupancy at the posted or displayed rate, unless such rooms are currently occupied and rented at the posted or displayed rate;
2. any outdoor or outside sign posting room rates for that establishment does not contain the minimum and maximum room or other rental unit rates, including surcharges. All posted room rates and surcharges on such sign shall be in type and material of the same size and prominence, which size and prominence shall be a maximum of eight inches (8") in height and shall apply to all numbers and letters used to describe features other than room rates, including but not limited to hours of operation and specific sizes of televisions. Signs stating the rate per person or bearing the legend "and up" do not comply with this section.
B. This Chapter shall be liberally construed to prevent untrue, misleading, false, or fraudulent representations relating to room rates. Nothing in this Chapter shall be construed to require establishments within the scope of this Chapter to have outdoor or outside signs, or to advertise room rates.
C. Any posted or displayed maximum rate and surcharges shall not exceed the posted or displayed minimum rate by more than thirty percent (30%).
D. Unless otherwise posted or displayed, all rates and surcharges posted or displayed shall be for an individual room with double occupancy.
E. If posting room rates not included in minimum/maximum, then the rate must be posted along with the room type and the number of rooms available.
F. Contracted rates are not included in this Ordinance.
G. Any owner or operator of any establishment within the scope of this Chapter that displays or posts room rates on any outdoor or outside sign will be subject to audit by the city annually. The owner or operator of the audited property will bear the audit cost at a rate of seventy-five dollars ($75.00) per guest room. The City may also undertake audits in response to the receipt of a complaint regarding the display, or posting of room rates or surcharges on outdoor or outside signs.
1. The City’s auditors may use a sampling methodology to determine whether an owner or operator is in violation of this chapter. If the sample indicates that there are no violations, the audit will cease.
2. Hotel and motel operators are required to make their records available to City auditors upon request. A failure to make records available will be deemed a violation of this Chapter and will subject the violator to prosecution under this Chapter.
3. Hotel and motel operators are required to maintain records regarding room rates, surcharges, and advertising for a minimum period of one (1) year from the date they post any rate or surcharge.
H. All hotel and motel operators that post or display minimum and maximum room rates for double occupancy on a sign visible from the street, shall post or display the same rates in each hotel or motel in full view of the registration desk. The rates in full view of the registration desk shall be of lettering at least two (2) inches high, and shall be located sufficiently close to the registration desk to allow a person with normal vision to read the posting or display of the minimum and maximum rate from the registration desk. Such sign must also include the telephone number of the Flagstaff Police Department for customer complaints regarding violations of this chapter in connection with the posting of room rates.
(Ord. No. 2005-06, Amended 03/01/05)
3-04-001-0004 REGISTERS REQUIRED:
Every person who shall rent rooms or space in any rooming house or hotel within the City shall, before renting such space or room within said rooming house or hotel, first require each person desirous of occupying such space or room to register, in his own handwriting, his name and permanent address, on a certain book or register provided for said purpose by the person or persons renting said space or rooms; and every person, before occupying any space or room in any hotel or rooming house within the said City shall first register as herein provided. Any person violating any of the provisions of this Section shall be deemed guilty of a misdemeanor. (Ord. 237, 2-15-21)
3-04-001-0005 FILING WITH CITY’S TAX, REVENUE AND LICENSING ADMINISTRATOR
A. Each hotel or motel operator who posts or displays rates that are visible from the street must file with the City’s Tax, Revenue and Licensing Administrator ("Administrator") on approved forms, the minimum and maximum rates and surcharges to be charged by the hotel or motel operator. The hotel or motel operator shall not post or display room rates or surcharges which are different from those filed with the Administrator. The hotel or motel operator shall not rent a room at a rate or with surcharges that are different from the rates or surcharges filed with the Administrator, unless the amounts charged are less than the minimum rate for double occupancy or for surcharges filed with the Administrator.
1. Hotel or motel operators may file room rates and surcharges for posting four (4) times a year as follows: No later than August 1 for fall (October 1 through December 31); no later than November 1 for winter (January 1–through March 31); no later than February 1 for spring (April 1 –through June 30); and no later than May 1 for summer (July 1–through September 30). Such filings shall state the minimum and maximum for each room type available in the hotel or motel, and quantity of each room type the hotel or motel has, which will be specified in the certificate of filing issued by the Administrator and which must be posted in the lobby of the hotel or motel for which the rates were filed.
2. Each filing with the Administrator shall be for the rates and surcharges to be charged in the season for which the hotel or motel operator has filed, and such rates and surcharges shall not be changed by any hotel or motel operator until the 1st day of the season for which they have filed.
B. The City Manager shall promulgate regulations for the administration of this Chapter.
C. An administration fee of twenty-five dollars ($25.00) will accompany an application to post rates and surcharges.
3-04-001-0006 PENALTY CLAUSE
Any person or business found guilty of violating any provision of this chapter shall be guilty of a Class 1 misdemeanor. Each day that the violation continues shall be a separate offense. Conviction for a first offense under this Section shall have a minimum fine of one thousand dollars ($1,000.00). Conviction for a second offense under this Section shall have a minimum fine of two thousand dollars ($2,000.00). Conviction for a third offense and subsequent offenses under this Section shall have a minimum fine of $2,500.00. Convictions for violations of any provision of this Chapter may be punished by the foregoing fines, by imprisonment of not less than ten (10) days nor more than six (6) months, or both fine and imprisonment.