National City Municipal Code Ch. 10.40 Registration of Transients at Hotels and Motels

The city council finds and determines that it is important for the control of vice and prostitution to require transient residents of hotels to furnish identification and for operators to have evidence of identification available for reasonable inspection by a peace officer.

(Ord. 2132 (part), 1997)

The terms "operator," "transient" and "hotel" are defined in Section 4.32.020 of the Municipal Code.

(Ord. 2132 (part), 1997)

A. Every transient must furnish to an operator of a hotel photo identification as part of the registration process for the hire of lodgings at that hotel by the transient, and must identify all authorized or proposed occupants of the lodging hired to the operator. Photo identification consists of one of the following: a valid driver's license issued by the transient's state or county of residence; a federal or state government or military identification card; a passport; or any other form of identification on which the transient's photograph and current address appears. If, because of physical disability, a transient is unable to furnish a governmentally issued form of photographic identification, an operator is authorized to accept any commercially reasonable form of identification that will serve to identify that transient.

B. The operator of the hotel shall maintain a record of the following identification produced by the transient, if the transient is paying by means other than credit card. Notwithstanding use of a credit card, the transient will comply with subsection A of this section.

1. Name of transient, address, date of birth, driver's license number and state or country of issue;

2. Name of each person who is authorized or invited by the transient to occupy the room during the term of hire.

An operator shall retain any records required under this subsection for sixty days after the date the transient vacates the lodging and may destroy them after that time.

C. An operator shall notify any transient who refuses to produce identification that is unlawful to fail or refuse to provide proper identification or the identity of occupants to any operator of a hotel as a precondition to the registration process.

(Ord. 2132 (part), 1997)

A. An operator may post a notice advising transients that a transient is liable for any room charges or damage to the room during the term of hire, whether caused by the transient or other authorized occupant, or both, until the room is vacated by the transient and all authorized occupants and the keys are returned to the operator. The notice may also provide that the transient may be held liable for charges or damage caused by an occupant who was not identified by the transient but occupied the room with the transient's permission.

B. The duties imposed on an operator by this chapter shall not be interpreted or applied so as to violate or cause a violation of the Americans with Disabilities Act of 1990 (P.L. 101-336).

(Ord. 2132 (part), 1997)

A. It is unlawful for a transient to refuse to provide identification to an operator or to fail to identify to the operator all occupants who will be authorized or invited by the transient to occupy the lodgings hired by the transient.

B. It is unlawful for an operator of a hotel to fail to require a transient to provide photo identification; to fail to retain the information required by Section 10.40.030(B); or to refuse to provide such information upon request of a peace officer conducting an investigation. Provided, however, that any duty required under Section 10.40.030(B) terminates on and after the sixty-first day following the date the transient vacates the lodging.

(Ord. 2132 (part), 1997)