San Bernardino County Municipal Code Ch. 21 Hotels and Motels

The County of San Bernardino seeks to reduce acts of sexual misconduct, drug trafficking, and "fencing" activities occurring in the unincorporated area of the County, and to improve the business environment in the County. These criminal activities interfere with the safe operation of hotel and motel businesses and the continuance of such activities on the premises are detrimental to the health, safety and welfare of the public. It is further found that such criminal activities have occurred and are likely to continue to occur on many hotel and motel business premises in the County. In furtherance of the goals described herein, and to promote the health, safety and welfare of the public, this Chapter requires a license for the operation of a hotel or motel.

(Ord. 3548, passed - -1993; Am. Ord. 4327, passed - -2017)

For the purpose of this Chapter, the following terms, phrases, words and their derivations, shall have the meanings set forth herein. Words used in the present tense includes the future tense, plural words include the singular, and singular words include the plural. Words not specifically defined shall be given their common and ordinary meanings. The word “shall” as used herein is mandatory and not merely directory.

CEO. The Chief Executive Officer of the County of San Bernardino or his or her designee.

DEHS. The Division of Environmental Health Services of the Department of Public Health of the County of San Bernardino.

HOTEL. A hotel as defined in § 810.01.100.

LUSD. The Land Use Services Department of the County of San Bernardino.

MOTEL. A motel as defined in § 810.01.150.

NOTICE ADDRESS. The address designated by the licensee for the mailing of all notices, legal mail, and other written communications from the County to the licensee.

PERSON. Individual, firm, corporation, partnership, association, or other form of business organization or group.

RESPONSIBLE DEPARTMENT. The department or subdivision thereof designated by the Chief Executive Officer of the County of San Bernardino to implement this Chapter.

SHERIFF. The Sheriff of the County of San Bernardino and/or his or her deputies.

(Ord. 3548, passed - -1993; Am. Ord. 4327, passed - -2017)

(a) It is unlawful for any person, or anyone acting as an agent, representative, or on behalf of any person, to operate a motel or hotel in the unincorporated area of San Bernardino County without a current valid and unsuspended license issued pursuant to this Chapter.

(b) It is unlawful for any person, or anyone acting as an agent, representative, or on behalf of any person, to operate a motel or hotel in the unincorporated area of San Bernardino County without complying with any and all requirements of this Chapter or other applicable requirements of the County Code.

(c) The requirements of this Chapter do not apply to establishments that are expressly not included within the definition of a motel or hotel as set forth in §§ 810.01.100 and 810.01.150.

(Ord. 3548, passed - -1993; Am. Ord. 4327, passed - -2017)

(a) Required Information. Any person desiring to obtain or renew a license pursuant to this Chapter shall make written application to the responsible department on a form approved by the County. The application shall include, but not necessarily be limited to, the following:

(1) Name. The applicant's full name and any past or present aliases used, the applicant's current business address and mailing address, and the names and residence addresses of all officers, directors, and each stockholder holding more than ten percent of the stock, if a corporation, or each partner, if a partnership. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation and a copy of the Articles of Incorporation shall be attached to the application.

(2) Addresses The names and addresses of all previous businesses of the applicant for the five years immediately preceding submission of the application, and, where applicable, with respect to each business, the residential addresses of all officers, directors, and each stockholder holding more than ten percent of stock, if a corporation, or each partner, if a partnership.

(3) Physical Description. Height, weight, and color of eyes and hair of the applicant and each individual identified in Subdivision (a)(1), together with at least two current color photographs at least two inches by two inches in size for each individual.

(4) Proof of Age. A certified birth certificate, immigration papers, passport, or current California driver's license evidencing the fact the applicant is not less than 18 years of age.

(5) Business Information. The business, occupation, or employment of the applicant and each individual identified in Subdivision (a)(1) for the three years immediately preceding the date of the application.

(6) Location for Licensed Activities. The location of the motel or hotel.

(7) Prior Licenses. A description of all licenses and permits of the applicant and each individual identified in Subdivision (a)(1) relating to motels or hotels, located in any jurisdiction, and a statement as to whether any such licenses and permits were suspended or revoked and the reason for any such suspensions or revocations.

(8) Criminal Convictions. A statement of whether the applicant and each individual identified in Subdivision (a)(1) have been convicted of an offense involving conduct that requires registration under Penal Code § 290, or convicted of conduct in violation of Penal Code §§ 266i, 315, 316, 318, or 647(b), or convicted of any felony involving the sale of a controlled substance specified in Health and Safety Code §§ 11054 through 11058, or convicted of any "fencing" crime, or convicted of an offense involving conduct that requires registration under Health and Safety Code § 11590, or convicted in another state of an offense that, if committed or attempted in this state, would have been punishable as one or more of the offenses enumerated in this Subdivision.

(9) Notice Address. The address to which all notices and communications from the County to the applicant or licensee shall be directed. The applicant or licensee is responsible to immediately inform the responsible department, in writing, of any changes of such address.

(b) License Fee. Each application for a license shall be accompanied by the license fee specified in Chapter 2 of Division 6 of Title 1.

(c) Incomplete Applications. The responsible department shall promptly reject any incomplete application which does not meet all requirements of this section, and shall notify the applicant in writing, by first-class mail, postage prepaid, to the notice address of the deficiencies in the application.

(d) Filing for Renewal. No application for renewal of a license shall be accepted earlier than 90 days prior to expiration of the license.

(Ord. 3548, passed - -1993; Am. Ord. 4327, passed - -2017)

(a) Review of Application. The Sheriff shall review the information set forth in the application and any other documents or materials that are requested by the Sheriff in the course of investigation and that reasonably relate to the licensing requirements of this chapter. The Sheriff shall require the applicant to be fingerprinted and to pay the fingerprinting fee then in effect as specified in Chapter 2 of Division 6 of Title 1. This investigation and review is intended to meet the criminal record access authorization requirements of Penal Code §§ 11105(b)(11) and 13300(b)(11).

(b) Report on Investigation Results. The Sheriff shall promptly report to the responsible department whether the application and the other documents and materials submitted by the applicant meet all the requirements of this chapter and other applicable laws.

(Ord. 3548, passed - -1993; Am. Ord. 4327, passed - -2017)

An application that passes the investigation by the Sheriff shall thereafter be reviewed and investigated by the Planning division of LUSD, the Building and Safety division of LUSD, DEHS, the fire department having jurisdiction over the premises of the hotel or motel, and any other regulatory body that the responsible department deems is necessary to ensure the safe operation of a motel or hotel, to determine whether the premises comply with applicable laws, including this chapter, Title 8 of the County Code, and the County General Plan. The investigation results shall be forwarded to the responsible department for consideration for approval.

(Ord. 3548, passed - -1993; Am. Ord. 4327, passed - -2017)

The applicant shall pay a license application fee as specified in Chapter 2 of Division 6 of Title 1 of the County Code, in addition to all other fees required under this Chapter or required as part of any inspection, investigation, or review.

(Ord. 3548, passed - -1993; Am. Ord. 4327, passed - -2017)

A license shall be denied upon the determination of any one of the following:

(a) Criminal Convictions. The applicant or any individual identified pursuant to § 41.2104(a)(1) has, within ten years immediately preceding the date the application was submitted, been convicted of an offense set forth in § 41.2104(a)(8).

(b) Required to Register. The applicant or any individual identified pursuant to § 41.2104(a)(1) is required to register under Penal Code § 290 or Health and Safety Code § 11590.

(c) Failure to Pass Investigation. The application does not pass one or more of the investigations conducted pursuant to § 41.2105 or § 41.2106.

(c) Revocation of Prior License. The applicant or any individual identified pursuant to § 41.2104(a)(1) has had a motel or hotel license revoked or suspended for cause within the five-year period immediately preceding the date the application was submitted.

(d) Misstated Facts. The applicant has knowingly misstated facts or falsified information on the application, or reasonably should have known that such facts were misstated or that such information was false.

(e) Failure to Comply with Application Requirements. The application is incomplete or the applicant has otherwise failed to comply with the requirements of § 41.2104.

(Ord. 3548, passed - -1993; Am. Ord. 4327, passed - -2017)

If a license is denied, the responsible department shall cause a notice of denial to be mailed by first class, postage prepaid mail, to the notice address. An applicant whose license has been denied may appeal the denial pursuant to § 41.2119.

(Ord. 3548, passed - -1993; Am. Ord. 4327, passed - -2017)

Any person denied a license pursuant to this Chapter, or any person whose permit is suspended or revoked, may not operate a motel or hotel and must cease all operations. If a license expires prior to the effective date of any renewal of the license, all motel or hotel operations must cease.

(Ord. 4327, passed - -2017)

All licenses issued under this Chapter are non-transferable both as to location, and as to the person holding the license.

(Ord. 3548, passed - -1993; Am. Ord. 4327, passed - -2017)

Any person to whom a motel license is granted shall display said license in a conspicuous place at every location where the licensed activities are performed or conducted.

(Ord. 3548, passed - -1993; Am. Ord. 4327, passed - -2017)

(a) Term. Each license issued under this Chapter shall terminate at the expiration of one year from the date of its issuance unless revoked prior to the expiration date pursuant to § 41.2118.

(b) Renewal. Any renewal of a license issued under this Chapter shall be pursuant to the same requirements, procedures, provisions and regulations set forth in §§ 41.2104 through 41.2107.

(Ord. 3548, passed - -1993; Am. Ord. 4327, passed - -2017)

As a condition to the issuance, renewal, or holding of a license under this Chapter, the licensee or the licensee's employee, agent, or representative, shall be responsible for complying with the following standards:

(a) The motel or hotel licensed pursuant to this Chapter, and the subject property upon which the motel or hotel is located, shall be in compliance with all applicable laws including, but not limited to, the California Fire Code, California Building Code, the National Fire Protection Association Standards, any other applicable uniform codes as adopted by the County of San Bernardino.

(b) The motel or hotel licensed pursuant to this Chapter, and the subject property upon which the motel or hotel is located, shall be in compliance with all applicable provisions of the County Code.

(c) The motel or hotel licensed pursuant to this Chapter, and the subject property upon which the motel or hotel is located, shall not be operated, conducted, or maintained so as to constitute a public nuisance.

(d) The motel or hotel licensed pursuant to this Chapter, and the subject property upon which the motel or hotel is located, may be inspected by the County in accordance with § 41.2115 or other applicable provisions or the County Code or law.

(e) The licensee or the licensee's employee, agent, or representative, shall be available in person, by telephone, by telephone answering machine, or by other electronic messaging device to authorized representatives of the County on a 24-hour, seven days a week basis to receive calls regarding the condition and/or operation of the motel or hotel and subject property. Failure to respond to calls in a timely and appropriate manner may result in suspension or revocation of the license. For purposes of this Subdivision, RESPONDING IN A TIMELY AND APPROPRIATE MANNER shall mean that any response or responses and any corrective action shall be done pursuant to the required time frame and manner set forth in any applicable adopted uniform code or other applicable law.

(f) A smoke detector(s) shall be installed, in accordance with the manufacturer's instructions, in each dwelling space of the hotel or motel, as provided by state law and regulations.

(Ord. 4327, passed - -2017)

Officers of the Sheriff's Department and officers or agents of the departments, divisions, and agencies identified in § 41.2106 have the right to enter any motel or hotel during regular business hours to make reasonable inspection to ascertain whether the provisions of this Chapter and any other related requirement set forth in the County Code or other law are being met. In carrying out such inspection, the officer or agent shall not interfere with the reasonable and normal business operations, unless the health, welfare, and safety of the public necessitates such interference.

(Ord. 3548, passed - -1993; Am. Ord. 4327, passed - -2017)

(a) In addition to any enforcement action and remedy authorized by this Chapter, a violation of any requirement of this Chapter may result in remedial action by appropriate members of County staff or any Enforcement Officer as defined in Chapter 2 of Division 1 of Title 1 of the County Code, without notice if providing notice is not reasonable considering the need for immediate remedial action, and/or if prior notice to the licensee or motel or hotel manager, either verbal or written, has not resulted in appropriate remedial action by the licensee or motel or hotel manager. Remedial actions taken pursuant to this Section, other than any criminal citations, are subject to appeal pursuant to Chapter 2 of Division 1 of Title 1 of the County Code or other applicable provision, but no request for appeal shall stay the remedial actions taken pursuant to this Section.

(b) In addition to any enforcement action and remedy authorized by this Chapter, a violation of any requirement of this Chapter may be subject to the enforcement and remedy provisions of Chapter 2 of Division 1 of Title 1 of the County Code and any other applicable enforcement and remedy provisions of the County Code or provided under the law.

(Ord. 4327, passed - -2017)

Any motel or hotel operated or maintained in violation of the requirements of this Chapter, any other provision of the County Code, or other applicable law, shall be, and the same is hereby declared to be, unlawful and a public nuisance. The County may, in addition to, or in lieu of, any other administrative, civil, or criminal proceeding, commence an administrative or civil action for the abatement, removal, and enjoinment of such public nuisance, in the manner provided by law.

(Ord. 3548, passed - -1993; Am. Ord. 4327, passed - -2017)

(a) Grounds. A license issued under this Chapter shall be suspended or revoked on one or more of the following grounds:

(1) Fraud or Deceit. The licensee practiced fraud or deceit in obtaining the license under this Chapter.

(2) Violation of Chapter or Other Law. The licensee or the licensee's employee, agent, or representative violated a provision of this Chapter, applicable provision of the County Code, or other law.

(3) Criminal Conviction. The licensee or any individual identified pursuant to § 41.2104(a)(1) has been convicted of an offense set forth in § 41.2104(a)(8) or an offense in another Sate which, if committed or attempted in this State, would have been punishable as one or more offenses enumerated under § 41.2104(a)(8).

(4) Error. The license was issued in error.

(b) Notice. Upon a determination of grounds to suspend or revoke a license, the responsible department shall cause a notice of suspension or revocation to be mailed by first class mail, postage prepaid, to the notice address.

(c) A licensee whose license has been suspended or revoked may appeal the suspension or revocation pursuant to § 41.2119.

(Ord. 3548, passed - -1993; Am. Ord. 4327, passed - -2017)

(a) The denial, suspension, or revocation of a license based on a property being in violation of the requirements of Chapter 6 of Division 3 of Title 6 of the County Code, may be appealed for a hearing before the Building Appeals Board. The format and process of the appeal shall be as required by § 63.0106 of the County Code. A decision by the Building Appeals Board shall be final and no further appeal within the County shall be available.

(b) The denial, suspension, or revocation of a license for a reason other than a reason referenced in Subdivision (a) may be appealed for a hearing before a County-appointed hearing officer as defined by §§ 12.2701, 12.2702, 12.2703, and 12.2705 of the County Code, or as otherwise authorized by the County Code or law. The hearing procedure shall include the following:

(1) At least ten days written notice of the hearing shall be given to the applicant or licensee prior to the hearing date. The hearing date may be postponed or continued by stipulation of the parties. If the applicant or licensee does not respond or appear, no further hearing procedure shall be required.

(2) Witnesses shall swear or affirm to tell the truth. The oath or affirmation shall be taken by the hearing officer. The County shall present its case first, with oral testimony and documentary evidence or other evidence. The County shall have the right of cross-examination. The applicant or licensee shall have the right to be represented and shall have the right of cross-examination. The applicant or licensee may present his or her response after the County has presented its case. Both parties may thereafter present argument.

(3) No determination or order shall be based solely on hearsay evidence. The hearing officer shall make his or her determination within five working days of the end of the hearing, unless a party requests a greater period of time. The determination shall be in writing, and shall state the findings upon which the determination is made. The decision by the hearing officer shall be final and no further appeal within the County shall be available.

(c) The denial, suspension, or revocation of a license for multiple reasons under both Subdivisions (a) and (b) shall be heard by the Building Appeals Board in the form and manner defined by § 63.0107 of the County Code. A decision by such body shall be final and no further appeal within the County shall be available.

(Ord. 3548, passed - -1993; Am. Ord. 4327, passed - -2017)

Compliance with the provisions of this Chapter does not exempt a licensee or applicant for license from complying with other requirements of this Code relating to motels or hotels.

(Ord. 3548, passed - -1993; Am. Ord. 4237, passed - -2017)