Chapter 9.25
HOTEL REGISTRATIONS AND INSPECTIONS
Sections:
9.25.030 Hotel record information.
9.25.040 Maintenance of records.
9.25.050 Renting of hotel rooms.
9.25.060 Training of employees.
9.25.010 Purpose.
The purpose of this chapter is to promote the general public health, safety, and welfare by establishing registration and inspection requirements for hotels, motels, and other lodging places within the City. These regulations establish requirements for operators of such establishments to maintain a registry of information about each registered guest and procedures that will facilitate the investigation of such lodging establishments and their clientele.
(Ord. 1818, Added, 02/10/2009)
9.25.020 Definitions.
Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.
A. “City Manager” means the City Manager or his/her designee.
B. “Guest” means a person who exercises occupancy or is entitled to occupancy in a hotel by reason of concession, permit, right of access, license, or other agreement.
C. “Guests” means a group of persons who exercise occupancy or are entitled to occupancy in a hotel by reason of concession, permit, right of access, license, or other agreement.
D. “Hotel” shall have the same meaning as “lodging” as set forth in Section 14.02.060.030.M (Classifications – Commercial Uses). “Hotel” also includes the parking lot and other common areas of the hotel. “Hotel” does not include living accommodations provided at any governmental or nonprofit institution in connection with the functions of that institution.
E. “Identification” means a document that contains the name, date of birth, description, and photograph or picture of a person, issued by the federal government, state, county, City, or other governmental entity including, but not limited to, a motor vehicle operator’s license, an identification card, a U.S. Citizenship and Immigration Services Permanent Resident Card, an Armed Forces identification card, or a government-issued passport, including passports issued by a foreign government. The City Manager may allow other forms of identification deemed reliable by the City Manager. In such a case, the City Manager shall notify hotel operators when and if alternate forms of identification are acceptable.
F. “Occupancy” means the use or possession, or the right to the use or possession, of any room in any hotel.
G. “Operator” means the person who is either the proprietor of the hotel or any other person who has the right to rent rooms within the hotel, whether in the capacity as an owner, manager, lessee, mortgagee in possession, licensee, employee, or any other capacity.
H. “Record” means a legible written document of information about a guest or group of guests. A record may be maintained electronically, in a book, or on cards.
I. “Rent” or “renting” means the allowing of use for consideration charged, whether or not received, for the occupancy of a room in a hotel valued in money, whether received in the form of cash, goods, labor, credits, property, or services of any kind or nature.
J. “Reservation” means a request to reserve or hold a room for a future or potential guest or group of guests that includes the following information and is documented in writing: (1) the registering guest’s name and contact information; and (2) the date and time the reservation was made.
K. “Room” means any portion of a hotel, which is designed for occupancy by a person or group of persons for temporary lodging or sleeping purposes.
(Ord. 1818, Added, 02/10/2009)
9.25.030 Hotel record information.
A. Every operator of a hotel shall keep a record in which the following information shall be entered:
1. The name and address of the registering guest and the total number of guests occupying a room.
2. The day, month, year, and time of arrival of a guest or group of guests.
3. The number, letter, or other symbol identifying the room(s) rented or assigned to a guest or group of guests.
4. The date that a guest or group of guests is scheduled to depart.
5. The rate charged and amount collected for rental of the room(s) assigned to a guest or group of guests.
6. The method of payment for the room(s).
7. The make, type, and license number of a guest’s vehicle(s) if the vehicle(s) is to be parked or placed on the hotel premises.
8. The name of the operator checking in a guest or group of guests.
9. The identification information required by Section 9.25.050.
10. Such other information as the City Manager may, from time to time, specify.
B. The City Manager may develop and require all hotels to use a standardized form to record the information specified in subsection A of this section.
(Ord. 1818, Added, 02/10/2009)
9.25.040 Maintenance of records.
Every operator of a hotel shall comply with the following requirements for maintaining hotel records:
A. Guest registers shall be kept on the hotel premises in the guest reception or guest check-in area or in an office adjacent to or nearby that area. Guest registers shall be maintained at that location on the hotel premises for a period of not less than 90 days from and after the date of the last entry in the register and shall be made available for inspection pursuant to federal and California law and this code (e.g., consent or by warrant) by the Chief of Police or his or her representative, or to the Fire Chief or his or her representative, the Building Official or his or her representative, Code Enforcement Officers, Community Services Officers, and county environmental health services staff during reasonable business hours. Whenever possible, the inspection will be conducted at a time and in a manner that does not unreasonably interfere with hotel business operations.
B. Operators shall retain guest registers and other guest records (including, but not limited to, the information specified in Section 9.25.030.A) for a period of not less than two years from the date of the last entry in the register or record. Except as otherwise provided in subsection A of this section, such records may be retained on- or off-site the hotel premises, but if maintained off-site, the records must be readily accessible to permit inspection, review and audit by City officials in accordance with this chapter.
C. No person shall alter, deface, or erase a record so as to make the information recorded therein illegible, unintelligible, or inaccurate.
(Ord. 1818, Added, 02/10/2009)
9.25.050 Renting of hotel rooms.
The operator of a hotel shall not rent a room without verifying the identification of the registering guest. Verification of identification (e.g., driver’s license number) shall be recorded by the operator in the records required by and maintained pursuant to this chapter.
(Ord. 1818, Added, 02/10/2009)
9.25.060 Training of employees.
The owner or proprietor of a hotel shall take all reasonable steps, including but not limited to providing training regarding this chapter to ensure that the person who checks a person or group of persons into the hotel complies with the provisions of this chapter. A person who has not been trained shall not be assigned or permitted to check persons into the hotel.
(Ord. 1818, Added, 02/10/2009)
9.25.070 Guest obligations.
A. No person shall check into a hotel under the name of any other person or of a fictitious person, or provide the hotel with any assumed, false, or fictitious name, or any other name other than his or her true name.
B. No person shall present to any hotel identification that is in any way false, altered, or counterfeit, or that belongs to or describes another person.
C. This section does not apply to law enforcement personnel engaged in an investigation or other law enforcement activity.
(Ord. 1818, Added, 02/10/2009)
9.25.080 Reasonable search.
City officials and law enforcement personnel may, pursuant to federal and California law and this code (e.g., consent or by warrant), reasonably search and inspect a hotel for the purpose of ascertaining whether or not any of the provisions of this chapter or code are being violated.
(Ord. 1818, Added, 02/10/2009)
9.25.090 Subpoena.
Upon a showing of probable cause of violation of this chapter by the City Manager, the City Council may issue a legislative subpoena compelling the production of hotel records and other records necessary to determine an operator’s compliance with the provisions of this chapter.
(Ord. 1818, Added, 02/10/2009)
9.25.100 Violations.
A. Any person who violates this chapter shall be guilty of an infraction as provided in Chapter 1.16 of this code.
B. A public safety officer, including sworn peace officers, may issue a citation for a violation of this chapter pursuant to Chapter 1.16 of this code.
C. In addition to the above remedies, any person who violates this chapter may be subject to civil remedies and injunction, as applicable.
(Ord. 1818, Added, 02/10/2009)