San Clemente Municipal Code Ch. 5.48 Hotels

As used in this chapter:

"Hotel" shall have the meaning ascribed thereto in Section 3.24.010 of this code.

"Hotel permit" shall mean that permit issued by the City of San Clemente under this chapter and required for all operators.

"Occupancy" shall mean the use or possession, or the right to the use or possession, of any room or portion thereof in any hotel for dwelling, lodging or sleeping purposes.

"Operator" means the person who is the proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent shall be deemed an operator for purposes of this chapter and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall be considered to be compliance by both.

"Transient" has the meaning ascribed thereto in Section 3.24.010 of this code.

"Transient occupancy tax" means that tax levied by the City and collected by the operator pursuant to Section 3.24.020 of this code.

(Ord. 1147 § 1 (part), 1994)

It shall be unlawful for any operator to conduct any hotel business in the City without first obtaining a current and valid hotel permit and/or without complying with any and all other applicable provisions of law.

(Ord. 1147 § 1 (part), 1994)

A. Application. .....Prior to commencing operation, any person seeking to operate a hotel within the City shall submit a completed hotel permit application to the City. Such application shall include the following:

1. The name of the operator;

2. The address of the hotel;

3. A statement certifying that the operator has registered with the City Controller and obtained a transient occupancy registration certificate as required by Section 3.24.050 of this code;

4. Any other information required by the application form.

B. Issuance. .....The City shall issue a hotel permit to an operator of a new hotel or transfer an existing hotel permit from the prior operator of a hotel to the proposed operator of the hotel unless any of the following are found to exist:

1. The application is found to contain any false or misleading information.

2. The operator has had a hotel permit revoked by the City within the past three (3) years.

3. The hotel does not comply with the City's zoning ordinance. Issuance of the hotel permit shall be in addition to and not in place of any and all required land use approvals. Issuance of the hotel permit shall not be evidence that all land use approvals have been obtained and shall not stop the City to require that all necessary permits be obtained prior to any future or continued operation of the hotel.

4. The hotel has an outstanding financial obligation owing to the City including but not limited to any delinquent transient occupancy tax, business license tax, or any penalties associated with either of the above. No hotel permit shall be transferred until all outstanding financial obligations have been satisfied.

(Ord. 1147 § 1 (part), 1994)

All persons operating a hotel within the City on the effective date of this chapter may obtain a hotel permit by appearing at the office of the City Treasurer and demonstrating to the City Treasurer or his or her designee that they currently possess a valid City of San Clemente business license for the hotel. Upon presentation of such evidence, the City Treasurer shall issue the permit. All such persons shall have ninety (90) days from the effective date of this chapter to obtain the requisite hotel permit without following the procedures contained in Section 5.48.030. Thereafter, all persons desiring to obtain a hotel permit shall comply with the procedures contained in Section 5.48.030.

(Ord. 1147 § 1 (part), 1994)

In the event there is reason to believe that an operator has violated any of the provisions of Chapters 3.24, 5.04, 5.08 or this chapter of the code, the City shall provide written notice to the operator at both the operator's address and the hotel address as listed in the City's business license records informing the operator of the following: the nature of the alleged violation, the penalties for such violation, and the fact that the City will hold a hearing on the alleged violation if the operator submits to the City Clerk within fifteen (15) days of the date of the notice of the violation a written request for a hearing. If a hearing is timely requested, the City Manager shall select a Hearing Officer who shall preside over the hearing on the alleged violation. The City shall provide written notice to the operator of the date, time and location of the hearing on the alleged violation. The notice shall further state that the operator is entitled to present evidence on his or her behalf, call witnesses pursuant thereto, cross-examine the City's witnesses, and be represented by an attorney at the hearing. At the conclusion of the hearing, or as soon thereafter as is practical, the Hearing Officer shall determine, in writing, whether there has been a violation of any ordinance, resolution or law regulating the operation of the hotel. The written determination shall be provided to the operator at the operator's address and the hotel address as listed in the City's business license records. The operator may appeal the decision of the Hearing Officer to the City Council in the manner provided in Section 3.24.090 of this code. If a hearing is not timely requested, the existence of the violation shall be conclusively presumed and the City Manager or his or her designee shall send to the operator written notice of the penalty imposed.

(Ord. 1147 § 1 (part), 1994)

A. Violations of Transient Occupancy Tax Requirements. .....Any operator who fails to remit the transient occupancy tax in the time and manner required by Section 3.24.060 of this code, or who fails to comply with any other applicable provision in Chapter 3.24 of this code, shall be subject to the following penalties:

1. The operator shall be subject to all applicable penalties and interest for delinquencies as provided for in Section 3.24.070 of this code.

2. The operator shall establish a trust account, naming the City as trustee, and shall thereafter deposit directly into such trust account the transient occupancy tax collected at the hotel within twenty-four (24) hours of its collection as such collection is required under Section 3.24.020 of this code. Payment of the transient occupancy tax through trust account deposit shall continue for one (1) full year from the last date on which a transient occupancy tax payment was delinquent.

3. The operator's hotel permit shall be suspended or revoked as follows:

a. For a first violation, the hotel permit shall be suspended for a period of not less than three (3) days and not more than one (1) week.

b. Except as provided in paragraph c of this subdivision, for each subsequent violation, the hotel permit shall be suspended for one (1) additional week period for each violation. By way of example, on the third violation, the hotel permit shall be suspended for three (3) consecutive weeks.

c. For a fourth violation, the City may revoke the hotel permit. Once revoked, a new hotel permit application shall not be considered by the City for one (1) year from the date of revocation.

4. Any other applicable penalty. The penalties and remedies set out in this chapter are not exclusive remedies. The City retains the right to pursue any remedy available to it under law, including but not limited to the right to pursue a legal action.

B. Other Violations. .....Any operator found to have violated any provision other than those contained within Chapter 3.24 may be subject to the penalties provided in subsections (A)(3) and (A)(4) of this section.

(Ord. 1147 § 1 (part), 1994)