3-31
MOTEL/HOTEL OCCUPANCY:
3-31.1 Definitions:
As used in this section:
City shall mean the city of Lynwood.
Guest shall mean any person who occupies or pays rent for a “guestroom” in a motel or hotel, as defined in this subsection.
Guestroom shall mean any portion of a motel or hotel which is occupied or designed or intended for occupancy by a person for temporary lodging or sleeping purposes, including, but not limited to, suite, room, or bed.
Motel/hotel shall mean any public or private space or structure or groups of structures for living therein, including, but not limiting to, any inn, tourist home or house, motel rooming house, mobilehome or other living place within the city, offering the right to use or occupy such space for lodging, sleeping or overnight accommodations wherein the owner or operator thereof, for compensation, furnishes such right of use or occupancy to any person. “Hotel/motel” does not include any hospital, convalescent home or sanitarium.
Occupancy shall mean the use or possession, or the right to the use or possession, of any space, structure, guestroom(s) or room(s) or portions thereof, in any motel or hotel for dwelling, lodging or sleeping purposes.
Operator shall mean any person(s), as either an individual or other entity, who is proprietor of a motel or hotel, whether in a capacity of owner of the motel or hotel, owner of the real property, lessee, sub-lessee, franchisee, and mortgagee in possession, licensee, manager, agent or any other capacity. Where the operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this section and shall have the same duties and liabilities as his or her principal.
Rent shall mean the consideration charged, whether or not received, for the occupancy of a guestroom valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits, and property and service of any kind or nature, without any deduction therefrom whatsoever.
Sheriff’s department shall mean the Los Angeles County sheriff’s department, or any other successor law enforcement agency. (Ord. #1623-A, §1)
3-31.2 Purpose And Intent:
The purpose of this section is to establish operational standards and requirements for motels and hotels, to ensure the continued availability of transient visitor lodging within the city and continued use of motels and hotels in the manner intended to provide such lodging. (Ord. #1623-A, §1)
3-31.3 Operational Standards:
The operational standards contained in this section shall apply to all motels and hotels in the city. Each owner and operator shall be responsible for insuring that the hotel or motel he or she owns or operates is operated in compliance with this chapter. (Ord. #1623-A, §1)
3-31.4 Renting Rooms In Excess Of Thirty (30) Days Prohibited:
No rooms shall be rented to persons whose occupancy exceeds thirty (30) consecutive days or exceeds thirty (30) days in any sixty (60) consecutive day period, unless such extended occupancy is authorized pursuant to a conditional use permit as provided in section 25-130. This provision shall not apply to a maximum of one unit per motel or hotel designated for a manager’s occupancy. (Ord. #1623-A, §1)
3-31.5 On-Site Management:
On-site management shall be available twenty-four (24) hours a day. (Ord. #1623-A, §1)
3-31.6 Housekeeping Service:
Each guestroom shall be provided regularly scheduled maid and housekeeping services. Such services shall be provided at least once every three (3) days during any consecutive occupancy and at least once between each occupancy. The operator of each motel or hotel within the city shall maintain a weekly summary sheet for each room that contains the date the room received housekeeping services. (Ord. #1623-A, §1)
3-31.7 Telephone Service:
In-room telephone service for emergency response purposes shall be provided in all guestrooms. (Ord. #1623-A, §1)
3-31.8 Registers:
a. Required. No operator shall rent or assign any guestroom to any person, until after such person provides all of the information in subsection 3-31.8b.
b. Register Information. Every operator of any motel or hotel shall keep a register in which the following shall be entered:
1. The name and permanent address of every person who is entitled to occupy each guestroom; and
2. A copy or photograph of valid identification such as a California driver’s license; and
3. The license plate number, state of license plate, make, model, and year of all registered guest vehicles parked on site or off site; and
4. The total number of people who are entitled to occupy each guestroom; and
5. The hour, day, month, and year of arrival and departure of each named guest; and
6. The room number or other identifying symbol of location of the guestroom rented or assigned to each named guest; and
7. The daily rate charged and amount collected for rental of the guestroom assigned to each named guest.
c. Daily Summary Sheets. The operator of each motel or hotel within the city shall maintain a daily summary sheet for each day the motel or hotel is open for business containing, at a minimum, the following information:
1. The name of all person(s) entitled to occupancy of each guestroom which is rented or occupied that day; and
2. The room number; and
3. The daily rate and amount paid for the rental of the room; and
4. The number of the registration card applicable to the rental of the guestroom; and
5. The guest’s vehicle license plate number, make and model, if any.
d. Register Retention.
1. Every operator of a motel or hotel shall keep the register, which is required under subsection 3-31.8a, available and in good condition for a period of not less than three (3) years from the entry of all required guest information.
2. The register may be maintained in the form of registration cards, provided all requirements of this section are otherwise met. Registration cards shall bear consecutive numbers that shall be preprinted on the registration cards by a print shop or manufacturer of the cards.
e. Right Of Inspection.
1. Registration records and daily summary sheets shall be available at all times for inspection by any member of the sheriff’s department or any authorized or designated representative of the city of Lynwood.
2. No person shall alter, deface or erase such a register so as to make the information recorded therein illegible or unintelligible.
f. Registration Under Fictitious Name. It shall be unlawful for any person to register at any motel or hotel in the city under the name of any other person, or of a fictitious person, or to sign or cause to be signed, any assumed false or fictitious name, or any name other than the true and correct name of the person so registering or so signing or causing his/her name to be signed.
g. Registration Under False Address. It shall be unlawful for any person to register at any motel or hotel in the city under an address other than their own. (Ord. #1623-A, §1)
3-31.9 Posting Of Identification Of Operator:
The name, business address and business telephone number of the operator must be posted in a conspicuous location in the motel or hotel registration and/or lobby area. The operator must provide to employees of the motel or hotel a telephone number where the operator or his or her representative may be reached during any time the motel or hotel is in operation. Failure to post or to provide the information required in this section is punishable pursuant to subsection 3-31.17. (Ord. #1623-A, §1)
3-31.10 Repeat Use Of Room Prohibited:
No room, suite, or bed shall be assigned or rented more than twice within any twenty-four (24) hour period. (Ord. #1623-A, §1)
3-31.11 Hourly Rates Prohibited:
No room shall be rented for hourly or other short-time rates (less than twenty-four (24) hours) nor advertised in any way to be available at hourly or other short-time rates (less than twenty-four (24) hours). (Ord. #1623-A, §1)
3-31.12 Commercial Use Of Guest Rooms Prohibited:
Except as may otherwise be expressly authorized by conditions of approval of a conditional use permit, no person in occupancy of a motel or hotel room shall engage in commercial use of a guestroom. (Ord. #1623-A, §1)
3-31.13 Food Preparation Equipment Prohibited:
Except as may otherwise be expressly authorized by conditions of approval of a conditional use permit, no appliances for preparation of meals shall be permitted in any guestroom; provided, however, that small refrigerators for drinks, coffee makers and small microwave ovens which are not large enough for actual preparation of meals are not prohibited by this section. (Ord. #1623-A, §1)
3-31.14 Renting Of Room To Person Under The Age Of Eighteen (18) Years Prohibited:
Renting of rooms to persons under the age of eighteen (18) years is prohibited. Any operator of any motel or hotel in the city shall not allow any room or rooms to be occupied by any person under the age of eighteen (18) years, unless such person is accompanied by his or her parent, parents, legal guardian, or other adult individual with legally recognized custody or control of the minor. (Ord. #1623-A, §1)
3-31.15 Security:
a. Exterior doors (other than lobby doors) must be locked between the hours of nine o’clock (9:00) P.M. and six o’clock (6:00) A.M. and shall be equipped with an alarm.
b. A video surveillance system (VSS) must be installed within one year of the effective date of the ordinance codified in this section. All VSS shall have not less than one camera dedicated to each register or checkout stand, entrance/exit, lobby and interior hallway(s), swimming pool area, exercise facility, loading dock, and parking lots or areas designated for customer and/or employee parking use.
1. All video surveillance records and recordings must be stored in a secure area that is only accessible to the management staff or motel/hotel operator.
2. Video surveillance records and recordings must be made available upon request to the city manager or any other state or local law enforcement agency for a purpose authorized by this chapter or for any other state or local law enforcement purpose.
3. Video surveillance records shall be held in confidence by all employees and representatives of the city manager, except that the city manager may provide such records and recordings to any other state or local law enforcement agency for a purpose authorized by this chapter or for any other state or local law enforcement purpose.
4. A sign shall be posted in a conspicuous place near each point of public access which shall be not less than twelve inches (12") wide and twelve inches (12") long, composed of letters not less than one inch in height, stating “All Activities Monitored by Video Camera” or “These Premises Are Being Digitally Recorded” or otherwise advising all persons entering the premises that a video surveillance and camera recording system is in operation at the motel or hotel.
5. All camera views of all recorded areas must be continuously recorded twenty-four (24) hours a day.
6. All surveillance recordings must be kept for a minimum of fourteen (14) days and be in a format that can be easily accessed for viewing. Video recordings must be archived in a format that ensures authentication of the recording as legitimately captured video and guarantees that no alteration of the recorded image has taken place. (Ord. #1623-A, §1)
3-31.16 Soliciting And/Or Loitering:
Soliciting and/or loitering of any kind is not allowed anywhere on the property. “No Loitering” signs must be posted within all common areas including but not limited to lobby and interior hallway(s), swimming pool area, loading dock, and parking lots or areas designated for customer and/or employee parking use.
It is unlawful for any person to refuse or fail to leave the property of a motel or hotel when requested to do so by the owner, the owner’s agent or by a city representative or peace officer when acting at the request of the owner or the owner’s agent. This section shall apply to all areas of the hotel or motel property whether or not such areas are open to the general public. (Ord. #1623-A, §1)
3-31.17 Violations; Penalties:
Any person, including any motel or hotel operator, who violates any provision of this section shall be guilty of a misdemeanor. Each offense shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for not more than six (6) months, or both. Each day during any portion of which any violation of any provision of this section is committed, continued or permitted, shall constitute a separate offense. (Ord. #1623-A, §1)
3-31.18 Nonexclusive Remedy:
This section is not the exclusive remedy available to the city for regulating motels and hotels and shall be in addition to other regulatory codes, statutes and ordinances enacted by the city, the state, or any other governmental entity, or agency having jurisdiction. (Ord. #1623-A, §1)