King City Municipal Code Ch. 7.65 Hotel, Motel and Motor Lodge Occupancy Regulations and Operational…

The purpose of this chapter is to establish occupancy regulations and operational standards for hotels, motels and motor lodges which will ensure the continued availability of transient visitor and automobile tourist lodging within the city and to ensure the continued use of hotels, motels and motor lodges in the manner intended to provide such lodging.

(Ord. 753 § 3, 2017; Ord. 824 § 3, 2024)

“Long-term occupancy”

means any occupancy in a hotel, motel and/or motor lodge in the city for a period exceeding thirty consecutive days or more than two hundred forty total days within a one year period.

“Short-term occupancy”

means any occupancy of a hotel, motel and/or motor lodge in the city for a period that does not fall within the definition of a long-term occupancy.

(Ord. 753 § 3, 2017; Ord. 824 § 3, 2024)

The following occupancy regulations and operational standards shall apply to all hotels, motels and motor lodges in the city, unless specifically modified by a conditional use permit:

(a) No property owner, operator and/or manager of a hotel, motel or motor lodge shall rent or let, or otherwise provide, any room therein to any person, firm, partnership, corporation, association or other business entity for a period that exceeds thirty consecutive days or for a term that exceeds two hundred forty total days in any one-year period.

(b) No property owner, operator and/or manager of a hotel, motel or motor lodge shall rent or let, or otherwise provide, any room therein to the same individual, group of individuals, firm, partnership, corporation, association or other business entity twice in a twenty-four-hour period in fifty percent of the total available rooms.

(c) On-site management shall be available twenty-four hours a day.

(d) Each guest room shall be provided regularly-scheduled maid and housekeeping services. Such services shall be provided at least once every three days during any consecutive occupancy and at least once between each occupancy.

(e) In-room telephone service for emergency response purposes shall be provided in all guest rooms of the hotel, motel or motor lodge.

(f) Persons responsible for the renting of a room in any hotel, motel or motor lodge shall provide their name and permanent address, as verified by presentation of a valid driver’s license or other valid identification, and the license number, state of license, make, model and year of any vehicle parked on site or off site. The registration information shall also include the dates of occupancy, length of stay and room rate. Such information shall be maintained for at least one year past the last day of stay of the guest.

(g) No room, suite or bed shall be assigned or rented more than twice within any twenty-four-hour period.

(h) The property owner, operator or manager shall comply with the provisions of Chapter 3.12 of Title 3 of the King City Municipal Code pertaining to the responsibility for the collection of transient occupancy tax.

(i) The business of the hotel, motel or motor lodge shall be conducted, at all times, in a manner that will allow the safe and quiet enjoyment of the surrounding neighborhood which includes, but is not limited to, security and operational measures to comply with this requirement.

(j) The property owner, operator or manager shall comply with all of the provisions of the King City Municipal Code.

(k) The city manager is authorized to issue an exemption to any property owner, operator and/or manager of a hotel, motel or motor lodge with less than twenty-five total rooms from subsections (a) and (b) of this section for a period up to thirty months if a majority of rooms are leased to the city, county or a non-profit organization approved by city for the purpose of providing temporary shelter to individuals determined by city to be homeless or at risk of becoming homeless for a period of at least six months.

(Ord. 753 § 3, 2017; Ord. 824 § 3, 2024)

The requirements of this chapter shall apply to all hotels, motels and/or motor lodges in the city, whether it is new or was in existence prior to the effective date of the ordinance codified in this chapter.

(Ord. 753 § 3, 2017; Ord. 824 § 3, 2024)

(a) Nothing in this chapter shall require an existing tenant of a long-term occupancy, established prior to the effective date of this chapter, to move out of a unit they are already occupying. Those pre-existing long-term occupancies may continue pursuant to the terms of the existing lease or agreement, until that tenancy terminates by its own terms under the law.

(b) Whenever a long-term occupancy terminates, for whatever reason, the property owner, operator or manager shall not re-lease, rent or let, or otherwise provide that unit for a new long-term occupancy, except to the extent permitted pursuant to the mandatory requirements of this chapter.

(Ord. 753 § 3, 2017; Ord. 824 § 3, 2024)

The provisions of this chapter shall not be used to terminate a tenancy in violation of the requirements of California Civil Code Section 1940 et seq.

(Ord. 753 § 3, 2017; Ord. 824 § 3, 2024)

In addition to the penalties provided by this chapter, each such person shall be guilty of a new and separate offense for each and every day during any portion of which any violation of the provisions of this chapter, or the provisions of any chapter adopted by reference within the King City Municipal Code is committed, continued, or permitted by such person and shall be punished accordingly.

In all cases where the same offense is made punishable or is created by different clauses or sections of the King City Municipal Code, the city attorney may elect under which to proceed.

(Ord. 753 § 3, 2017; Ord. 824 § 3, 2024)

Violations of the provisions of this chapter, or the provisions of any chapter adopted by reference within the King City Municipal Code for conduct that is not otherwise considered lawful under state law, shall be considered misdemeanors and are punishable in accordance with Section 1.04.010 of the King City Municipal Code. Each and every day, or portion thereof, a violation exists is a new and separate offense. The city may also pursue all applicable civil and administrative remedies, including, but not limited to, injunctive relief and administrative citations.

Should a court of competent jurisdiction subsequently determine that the criminal penalty provision renders the provisions of this chapter, or the provisions of any chapter adopted by reference within the King City Municipal Code unlawful, the city intends that the misdemeanor provision be severable from the remaining penalty provisions and the city will only pursue non-criminal remedies for violations of this chapter.

(Ord. 753 § 3, 2017; Ord. 824 § 3, 2024)

(a) The administrative citation penalty for all violations of this chapter, within a rolling twelve-month period, deemed misdemeanors under the King City Municipal Code shall be as follows:

(1) First administrative citation: two hundred fifty dollars per violation;

(2) Second administrative citation: five hundred dollars per violation;

(3) Third administrative citation: one thousand dollars per violation; and

(4) One thousand dollars per violation for each subsequent administrative citation.

(b) The administrative citation penalty for all violations of this chapter, within a rolling twelve-month period, deemed Infractions under the King City Municipal Code shall be as follows:

(1) First administrative citation: one hundred dollars per violation;

(2) Second administrative citation: two hundred dollars per violation;

(3) Third administrative citation: five hundred dollars per violation; and

(4) Five hundred dollars per violation for each subsequent administrative citation.

(Ord. 753 § 3, 2017; Ord. 824 § 3, 2024)

Failure to comply with the mandatory requirements of this chapter and any other provision of the King City Municipal Code shall subject the property owner, operator and/or manager to the cost recovery provisions established within Chapter 7.51 of the King City Municipal Code.

(Ord. 753 § 3, 2017; Ord. 824 § 3, 2024)

Property owner, operator and/or manager of a hotel, motel or motor lodge shall be jointly and severally liable for the violation(s) of this chapter, regardless of whether the city issues an administrative citation or initiates a code enforcement action.

(Ord. 753 § 3, 2017; Ord. 824 § 3, 2024)

If any article, section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The council hereby declares that it would have adopted this chapter and adopted each article, section, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. 753 § 3, 2017; Ord. 824 § 3, 2024)