Chapter 5.34 — HOTEL RATES AND REGISTRATION REQUIREMENTS

The words and phrases set out in this section, when used in this chapter, shall, for the purposes of this chapter, have the following respective meanings except where the context clearly indicates a different meaning:

"Hotel" means any public or private space or structure for living therein, including but not limited to any: inn, hostelry, tourist home or house, motel rooming house, mobile home or other living place within the city, offering the right to use such space for sleeping or overnight accommodations wherein the owner or operator thereof as defined in subsection C of this section, for compensation, furnishes such right of occupancy to any transient as defined in subsection D of this section.

"Occupancy" means the compensated use of, or the unexercised right to use, space in a hotel, as defined in subsection A of this section.

"Operator" means the person who is proprietor of a hotel whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other possessory capacity. In the event that an operator performs his 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 chapter and shall have the same duties and liabilities as his principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall however, be considered to be compliance by both.

"Permanent resident" means any person who, as of a given date, has occupied or has had the right to occupy a room or rooms in a particular hotel, as defined in subsection A of this section, for more than thirty (30) consecutive days immediately preceding such date.

"Person" means any non-exempt individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

"Room rental" means the total charge made by a hotel as defined in subsection A of this section, for sleeping or overnight accommodations space furnished to a transient, as defined in subsection C of this section. If the charge made by such hotel to any transient includes a charge in addition to that for such occupancy or right to the use of such space for sleeping or overnight accommodations, then that portion of the total charge that represents only the sleeping or overnight accommodations shall be distinctly set out and billed to the transient as a separate item.

"Transient" means any person who, for any period of not more than thirty consecutive days, either at his own expense or at the expense of another, obtains the right to use space for sleeping or overnight

accommodations in any hotel as defined in subsection A of this section for which a charge is made therefor.

(Ord. 12061 § 1 (part), 1998: prior code § 3-22.06)

No person or business providing transient sleeping accommodations in any hotel, within the city shall charge or accept money or other consideration by an hourly rate or any increment less than one full day's room rental.

(Ord. 12061 § 1 (part), 1998: Ord. 12019 § 1 (part), 1997: prior code § 3-22.01)

Pursuant to California Civil Code Section 1863, the operator of any hotel within the city shall post the room rental rates in a conspicuous location in clear view of registrants and guests. The operator shall not charge or accept money or other consideration in excess of the room rental rates required to be posted by this section.

(Ord. 12061 § 1 (part), 1998)

A.

Receipts. Receipts shall be issued for all cash and noncash payments at the time paid. Transient Occupancy Tax and any charges other than room rental charges shall be listed separately.

B.

Receipts shall be pre-numbered and in sequential order. Receipts may be in sequential order based upon date/time, when a reservation was made, or based upon date/time of registration.

C.

Room Numbers. Room numbers shall be included on all receipts, bills and registration cards, with any changes noted.

D.

Telephone Charges. Income from telephone charges is taxable and shall be reported.

E.

In the event the hotel utilizes a computerized pre-arrival registration and/or billing procedure, the hotel shall not be required to comply with subsection B of this section; provided, however, that the pre-arrival registration and/or billing procedure must be submitted to and approved by the City Manager or his designee, and the hotel be able to certify that payments are properly tracked and recorded so as to create an audit trail.

(Ord. 12136 § 3, 1999)

A.

The operator of any hotel shall keep a register on forms approved by or supplied by the city of the names and home or business addresses of all persons to be accommodated with the length of stay indicated.

B.

Except as otherwise provided in subsection C, the operator or his or her employee shall, at the time of registration, verify the identification of the registrant by requesting to see, and copying onto the registration form, any of the following: the registrant's valid driver's license number, the registrant's valid passport number and country of issuance, a valid military photo identification, and/or a credit card verification of a credit card issued in the registrant's name. The City Manager or his or her designee is authorized to allow the acceptance of other forms of verification, which may include housing vouchers approved by the city and/or the county of Alameda. In such a case the City Manager shall notify hotel operators when and if alternate forms of verification are permitted.

The operator or his or her employee must also include on the registration forms required by this subdivision the make, type and license number of the registrant's automobile, trailer or other vehicle, and the state in which such vehicle is registered and the year of registration, for any vehicle operated by the registrant that is parked on the premises. Hotels that can demonstrate that they take sufficient reasonable steps to control of access to and from parking areas on the premises shall not be required to include this information on the guest register forms. No person placing any information required by this law shall falsely or inaccurately state such information. The city shall develop forms for recording register information for all hotels that will conform to these requirements.

C.

In the event that the hotel utilizes a pre-arrival registration or approval procedure that obviates the requirement for an arriving guest to go to the front desk and provide information typically required as part of the hotel's customary registration process, the hotel shall not be required to comply with subsection B of this section; provided, however, that the hotel's pre-arrival registration or approval procedure must be submitted to and approved by the City Manager or his or her designee, and the hotel must obtain such guest-related information of the type specified in subsection B as the City Manager might reasonably require.

(Ord. 12061 § 1 (part), 1998: Ord. 12019 § 1 (part), 1997: prior code § 3-22.02)

Such register shall be kept on the hotel or transient lodging facility site for a period of not less than four years by the operator or business providing the accommodations. In the event that the hotel operates

pursuant to a pre-arrival registration or approval procedure approved by the City Manager pursuant to Section 5.34.030(C), the information which is required to be obtained shall be retained on the hotel site or at such other location(s) as the City Manager might designate, for a period of not less than four years.

(Ord. 12061 § 1 (part), 1998: Ord. 12019 § 1 (part), 1997: prior code § 3-22.03)

Upon evidence that the operator of any hotel or transient lodging facility is not adhering to the registration requirements of Section 5.34.030, or is not retaining the registers pursuant to Section 5.34.040, or is not remitting the proper amount of transient occupancy or gross receipts tax required pursuant to Chapter 4.24 et seq., such operator shall upon notice provided by the city submit for one year copies of all guest registration information required pursuant to Section 5.34.030 to the Director of Finance or his or her designee at the time reporting and remitting of transient occupancy taxes and gross receipts is required pursuant to Section 4.24.070. The time period for submitting such copies may be extended upon evidence of further violations and upon notice provided by the city. An office hearing regarding a determination by the city may be requested within five days of receiving any notice pursuant to this section. The decision of the hearing officer is final.

(Ord. 12061 § 1 (part), 1998: Ord. 12019 § 1 (part), 1997: prior code § 3-22.031)

To verify compliance with transient occupancy tax requirements as contained in Chapter 5, Article 20 of the Oakland Municipal Code, and/or gross receipts tax requirements, the Director of Finance or his or her designee must upon request be provided access to all guest register information required to be maintained under Sections 5.34.030, 5.34.040 and 5.34.050.

(Ord. 12019 § 1 (part), 1997: prior code § 3-22.032)

Upon a showing of probable cause therefor by the Director of Finance or his or her designee, or by any police officer, code compliance, fire or zoning inspector of the city of Oakland, the City Attorney shall issue an administrative subpoena compelling the inspection of rooms and facilities, and/or the production of guest registers and other records necessary to determine compliance with all applicable regulations, including but not limited to building, fire, health, occupancy and blight codes, and to verify collection and payment to the city of all taxes owed.

(Ord. 12061 § 1 (part), 1998)

The name, business address and business telephone number of the owner and operator must be posted in a conspicuous location in the hotel registration and/or lobby area. The owner and the operator must provide to employees of the hotel a telephone number where the owner or his or her representative may be reached during any time the hotel is in operation. Failure to post or to provide the information required in this section is punishable pursuant to Section 5.34.080.

(Ord. 12061 § 1 (part), 1998: Ord. 12019 § 1 (part), 1997: prior code § 3-22.041)

Each violation of this chapter shall constitute a separate offense.

(Prior code § 3-22.05)

A copy of this chapter shall be posted in a conspicuous place in each hotel or transient lodging facility where registering guests will have full, unobstructed and accurate view of this law.

(Prior code § 3-22.07)

A violation of any provision of this chapter may be charged as a civil penalty or an infraction, and the use of the property may be encumbered, as authorized by the Oakland Municipal Code, Chapters 1.08, 1.12 and 1.16. Enforcement action specifically authorized by this chapter may be utilized in conjunction with, or in addition to, any other statutory, code, administrative or regulatory procedure applicable to the regulation of buildings, structures or property. In addition, nothing in this chapter shall be interpreted to preclude or limit the city from seeking injunctive or other judicial relief.

(Ord. 12061 § 1 (part), 1998: Ord. 12019 § 1 (part): Ord. 11922 § 2, 1996: prior code § 3-22.08)