Chapter 5.74 — TRANSIENT LODGING FACILITIES

As used in this chapter, the following words and phrases have the meanings set forth in this section:

(a)

Occupancy shall mean the use or possession of any room or rooms or portion thereof in any transient lodging facility for dwelling, lodging or sleeping purposes.

(Ord. No. 2017-1447, 8-8-2017)

(b)

Operator shall mean the person who has apparent authority to manage or control a transient lodging facility, whether in the capacity of owner, proprietor, lessee, sub-lessee, manager, operator, and mortgagees in possession, licensee, innkeeper, hotelkeeper, or employees and/or agents acting in any other similar capacity. Where the Operator performs its functions through a managing agent of 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 its principal. Compliance with the provisions of this chapter by either the principal or managing agent shall, however, be considered to be compliance by both.

(Ord. No. 2017-1447, 8-8-2017)

(c)

Register shall mean written documentation of identifying information about a transient provided to the Operator of a Transient Lodging Facility upon registration. A Register may be maintained electronically, in a book or on cards.

(Ord. No. 2017-1447, 8-8-2017)

(d)

Room shall mean any area within a transient lodging facility intended for use as lodging, a temporary dwelling, or for sleeping purposes.

(Ord. No. 2017-1447, 8-8-2017)

(e)

Transient shall mean any person who exercises temporary occupancy or is entitled to temporary occupancy by reason of concession, permit, right or access, license or other agreement for a period of less than one month.

(Ord. No. 2017-1447, 8-8-2017)

(f)

Transient lodging facility" shall mean any hotel (as defined in Section 20.600.140 of this Code), motel (as defined in Section 20.600.140 of this Code), bed and breakfast (as defined in Section 20.600.140 of this Code), inn, boarding, lodging facility, transient apartment house, motor court, and public or private club, or any other similar establishment in the City offering public accommodations where a structure, or any portion of any structure, in which there are five or more guest rooms where temporary transient lodging (for a period of less than one month) is provided, with or without meals, in exchange for compensation for dwelling, lodging or sleeping purposes. Transient lodging facility shall not mean any hospital, jail, asylum, sanitarium, orphanage, prison, detention home, convalescent home, rehabilitation facility, or other similar buildings.

(Ord. No. 2017-1447, 8-8-2017)

Any Operator of any Transient Lodging Facility within the City shall keep a Register for the registration of Transient guests, including records for registration done on-site at the Transient Lodging Facilities and pre-registration of the Transient done online. Such Register shall be adequately maintained and preserved for a minimum of three years, and shall include the following information:

(Ord. No. 2017-1447, 8-8-2017)

(a)

Full name of Transient;

(b)

Current address of Transient;

(c)

Month, day, year and hour of arrival of Transient;

(d)

Room number assigned to Transient;

(e)

Rate charged to and amount collected from Transient for the Room rental;

(f)

Full name of any and all individuals who will occupy the Room registered to the Transient;

(g)

Acknowledgment that a current government-issued picture identification of Transient has been viewed and verified by the Operator or employee assigned to Transient registration;

(h)

Make, type, color, license plate number, issuing state and name of the registered owner of the motor vehicle in the immediate possession of Transient;

(i)

Signature of Transient;

(j)

Signature of the Operator or employee assigned to Transient registration;

(k)

Month, day, year and hour of departure of Transient, or if the exact time of the departure is unknown, the date and time that the departure was first made known to Operator.

No Operator of any Transient Lodging Facility within the City shall rent, let or assign any suite, Room or bed thereof for temporary Occupancy by any Transient until such Transient has registered their information, in accordance with Section 5.74.020.

(Ord. No. 2017-1447, 8-8-2017)

Any Operator of any Transient Lodging Facility within the City may consent to making the Register available for inspection at all times, upon reasonable request, by any Law Enforcement Officer of the City or any Peace Officer. If the Operator does not consent to inspection of the Register upon receipt of such a request, a Law Enforcement Officer or Peace Officer may seek to inspect the Register by any other means available under and consistent with Federal and State law. No person shall erase, deface or alter, or suffer or permit to be erased, defaced or altered any of the entries in such Register so as to make the information recorded in the Register illegible or unintelligible, or to hinder, obstruct or interfere with any inspection of the Register under this Section.

(Ord. No. 2017-1447, 8-8-2017)

No person shall write or cause to be written, sign or cause to be signed, nor shall any Operator of any Transient Lodging Facility knowingly permit to be written or signed in any Register of any such facility any name other than the name of the Transient so registering.

(Ord. No. 2017-1447, 8-8-2017)

No Operator of any Transient Lodging Facility within the City shall register, rent, let or assign any Room in such facility more than once within an eight-hour period.

(Ord. No. 2017-1447, 8-8-2017)

No Transient shall allow their Room or Rooms be occupied by another Transient who has not provided his or her information to the Operator of such Transient Lodging Facility in accordance with Section 5.74.20 of this chapter.

(Ord. No. 2017-1447, 8-8-2017)

Any person, whether Operator or employee of any Transient Lodging Facility who rents or lets any Room or Rooms to be occupied by any minor of less than 18 years of age, unless such minor is accompanied by his or her parent(s) or legal guardian or with written permission of the same in accordance with California Civil Code Section 1865, as the same may be amended from time to time, shall:

(Ord. No. 2017-1447, 8-8-2017)

(a)

Immediately contact law enforcement by telephone; and

(b)

Confirm such telephonic notification by submitting written notification, signed by the Operator and mailed by first class United States mail, to local law enforcement within 24 hours of such occurrence.

Every Operator of any Transient Lodging Facility in the City shall post in a conspicuous place at the front desk or other common area of the Transient Lodging Facility open and available to the public and in each Room which is for rent or hire a printed statement as required by California Civil Code Section 1863, as the same may be amended from time to time, including the specific charge or rate of charges by the day to be charged for said Room or Rooms.

(Ord. No. 2017-1447, 8-8-2017)

No charge or sum shall be collected or received by any Operator of any Transient Lodging Facility in an amount greater than Operator is entitled to under the statement of charges or rates posted.

(Ord. No. 2017-1447, 8-8-2017)

Every Operator of any Transient Lodging Facility within the City is hereby required to post in a conspicuous place in each Room a printed statement of the general rules and regulations of said facility.

(Ord. No. 2017-1447, 8-8-2017)

Violation of any provision of this chapter or failure to comply with any requirement thereof shall be a misdemeanor punishable in accordance with the provisions of Section 1.12.010 of the San Marcos Municipal Code.

(Ord. No. 2017-1447, 8-8-2017)