AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VACAVILLE ADDING CHAPTER 9

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1 Agenda Item No. January 27, 2009 TO: FROM: SUBJECT: Honorable Mayor and City Council Attention: Laura C. Kuhn, Interim City Manager Rich Word, Chief of Police Scott D. Sexton, Community Development Director AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VACAVILLE ADDING CHAPTER 9.25 TO THE VACAVILLE MUNICIPAL CODE RELATING TO HOTEL REGISTRATIONS AND INSPECTIONS DISCUSSION: The ordinance consists of an addition to Title 9 of the City s Municipal Code to establish requirements for hotel and motel operators to maintain a registry of information about each adult guest and other guests. The proposed ordinance would require all lodging facilities to collect and maintain certain information about hotel guests. This includes, among other items, the name and address of each adult guest, the date of check in and scheduled departure of a group of guests, and vehicle information. Each adult guest would also be required to show a government-issued identification document. The ordinance requires that records be kept for a minimum of two years. It also includes provisions related to searches for violations of the ordinance and for the subpoenaing of registration records by the City. The staff sees the proposed ordinance as a potential tool to help curtail some of the problems associated with the increased crime rates and calls for service with some of the lodging establishments. The City also has experienced an increasing number of health and safety problems related to hotels and motels that are allowing guests to occupy rooms for longer periods of time, essentially functioning as long-term or permanent housing for some occupants. A draft copy of the ordinance was submitted to various hoteliers within the City at a meeting of the Vacaville Convention & Visitors Bureau. Staff from the Police Department and Community Development Department made a summary presentation of the need for the proposed ordinance and the general provisions of the ordinance. A couple of the hoteliers stated that they operate a paperless system and questioned how the proposed ordinance might impact that operation. Overall the consensus of the group was that the draft ordinance could be supported. Staff has committed to work with those businesses that use a paperless system to establish a simplified method for documentation of guest identification. Some of the major provisions of the proposed ordinance include: Requirements for Guest Registration Information 1. The name and address of each adult guest and the total number of guests in the party. 2. The day, month, year and time of arrival of each guest. 3. The number, letter or other symbol identifying the room rented or assigned to each guest or group or guests.

2 4. The date that each guest or group of guests is scheduled to depart. 5. The rate charged and amount collected for rental of the room assigned to each guest or group of guests. 6. The method of payment for the room. 7. The make, type, and license number of the guest s vehicle if the vehicle is to be parked or placed on the premises. 8. The name of the operator checking in the guest or group of guests. 9. Documenting that the operator has verified the identification of the person renting the room. 10. Such other information as the city manager may, from time to time, specify. Maintenance of the records for a minimum 2 year period; Requirements for training hotel/motel staff on the requirements for registration under the ordinance; Establishes guest obligations that preclude renting a room with false identification or under a fictitious name; and Allows for reasonable inspections by City staff to ensure that the provisions of the ordinance are being followed. The action of incorporating these amendments into the City s Municipal Code has no potential to cause significant impacts to the environment and, therefore, the ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section b. 3. of the CEQA Guidelines. In order to allow the operators of the hotels and motels adequate time to implement the various provisions of the ordinance, staff is recommending that the City not actively seek compliance with the new registration provisions for an additional 30 days beyond the effective date of the ordinance. After the second reading, staff will provide a copy of the ordinance and a letter informing each operator that upon taking effect 30 days thereafter, compliance with its provisions will be deferred for an additional 30 days beyond the effective date. RECOMMENDATION: By title only, to introduce the subject ordinance, adding Chapter 9.25 to the Vacaville Municipal Code relating to hotel registrations and inspections.

3 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VACAVILLE ADDING CHAPTER 9.25 TO THE VACAVILLE MUNICIPAL CODE RELATING TO HOTEL REGISTRATIONS AND INSPECTIONS WHEREAS, Chapter XI, Section 7 of the California Constitution provides that a city or county may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; and WHEREAS, the constitutional police power is as broad as the police power exercisable by the State Legislature [Birkenfeld v. City of Berkeley (1976)17 Cal.3d 129, 140]; and WHEREAS, the police power gives cities and counties the right to adopt regulations designed to promote the public health and safety [Chicago B. &. O Railway Company v. Illinois (1906) 200 U.S. 561, 592]; and WHEREAS, the City Council of the City of Vacaville determines that the action of incorporating these amendments into the Vacaville Municipal Code has no potential to cause significant impacts to the environment and, therefore, the enactment of this ordinance is exempt from the provisions of under Section 15061(b) (3) of the California Environmental Quality Act (CEQA) Guidelines; and, WHEREAS, the City Council of the City of Vacaville has determined that the establishment of registration and inspection requirements for hotel, motels, and other lodging places will promote the public health, safety, and welfare by facilitating the investigation of such establishments or their clientele; and, WHEREAS, in order to promote the public health, safety, and welfare, the City Council deems it necessary to establish registration and inspection requirements for hotels, motels, and other lodging places within the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VACAVILLE DOES ORDAIN AS FOLLOWS: Section 1. Addition of Chapter 9.25 to the Vacaville Municipal Code. Chapter 9.25 is added to the Vacaville Municipal Code to read in full as follows: Chapter 9.25 HOTEL REGISTRATIONS AND INSPECTIONS Section Section Section Section Section Section Section Section Section Section Purpose. Definitions. Hotel Record Information. Maintenance of records. Renting of hotel rooms. Training of employees. Guest obligations. Reasonable search. Subpoena. Violations.

4 Purpose. The purpose of this chapter is to promote the general public health, safety, and welfare by establishing registration and inspection requirements for hotel, 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 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 exercises occupancy or is 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 Hotels and Motels as set forth in section of this code. 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: (i) the

5 registering guest s name and contact information; and (ii) 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 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 each adult 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 of this chapter. 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 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 ninety (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.

6 B. Operators shall retain guest registers and other guest records (including, but not limited, the information specified in subsection A, above) for a period of not less than two (2) 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 Renting of hotel rooms. The operator of a hotel shall not rent a room without verifying the identification of each adult guest. Verification of identification shall be recorded by the operator in the records required by and maintained pursuant to this chapter 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 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 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 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 Violations. A. Any person who violates this chapter shall be guilty of a misdemeanor 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.

7 C. In addition to the above remedies, any person who violates this chapter may be subject to civil remedies and injunction, as applicable. Section 2. Severability. If any section, subsection, phrase or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional. Section 3. Effective Date. This ordinance shall take effect thirty (30) days after passage thereof. Section 4. Publication. This ordinance shall be published in accordance with the provisions of Government Code Section I HEREBY CERTIFY that this ordinance was introduced at a regular meeting of the City Council of the City of Vacaville, held on the 27th day of January, 2009, and ADOPTED AND PASSED at a regular meeting of the City Council of the City of Vacaville held on the day of 2009, by the following vote: AYES: NOES: ABSENT: ATTEST: APPROVED: Michelle A. Thornbrugh, City Clerk Leonard J. Augustine, Mayor