Chapter 5.18 — HOTEL AND MOTEL REGULATIONS

Sections:

• 5.18.010 Definitions.
• 5.18.020 Official guest registration cards.
• 5.18.030 Registration required.
• 5.18.040 Retention of guest registration cards.
• 5.18.050 Registration by fictitious name.
• 5.18.060 Inspection of guest registration cards.
• 5.18.070 Notification of registration request.
• 5.18.080 Posting of room rates.
• 5.18.090 Room rental limitations.
• 5.18.100 Prohibited occupancy by unsupervised minor.
• 5.18.110 Hotel/motel agent permit required.
• 5.18.120 Hotel/motel agent permit application--Contents.
• 5.18.130 Investigation.
• 5.18.140 Issuance of hotel/motel agent permit.
• 5.18.150 Display of permit.
• 5.18.160 Nontransferability.
• 5.18.170 Revocation--Hearing.
• 5.18.180 Persons acting as agents on effective date.
• 5.18.190 Special business permit required.
• 5.18.200 Additional grounds for revocation of hotel or motel special business permit.

A. "Adult" means any competent person eighteen years of age or older. B. "Hotel/motel agent" means any person, including the owner, who is authorized to let, lease or rent a hotel or motel room. C. "Hotel/motel agent permit" means that permit issued by the city and required for all hotel/motel agents.

D. "Hotel" shall have the meaning ascribed thereto in Section 20.04.393 of this code. E. "Let, lease or rent" means any method of providing any person with occupancy or use of a hotel or motel room for any period of time whether or not such occupancy is provided in exchange for compensation. F. "Minor" means any person under the age of eighteen. G. "Motel" shall have the meaning ascribed thereto in Section 20.04.525 of this code. H. "Posted rate" means that rate charged for a room in a hotel or motel as posted on the sign required by Section 5.18.080 herein. I. "Guest registration cards" means the sequentially numbered hotel/motel registration cards printed by the city or any alternate cards or system approved by the city for storing guest information as outlined in Section 5.18.020 below. J. "Room" shall have the meaning ascribed thereto in Section 20.04.627 of this code. K. "Official identification card" means drivers license or other official picture identification card issued by a government entity. (Ord. 2011-08-1431 § 1 (part), 2011; Ord. 93-07-1160 § 1 (part))

Each hotel/motel in the city shall obtain official guest registration cards from the city or obtain city approval of any alternate card or system to be used by the hotel/motel to store guest information. Guest registration cards shall be used to make a permanent record of the name, address, official identification card number and automobile license plate number of all persons letting, leasing or renting any hotel/motel room within the city. The guest registration cards shall also be used to record the date and time such person registers at the hotel or motel and the room number or other designations of the room which such person lets, leases, or rents. Any alternate guest registration card or system proposed by a hotel/motel will be approved by the city so long as it calls for/stores all of the above delineated information and the data is readily available for inspection as provided for in Section 5.18.060 below. (Ord. 2011-08-1431 § 1 (part), 2011; Ord. 93-07-1160 § 1 (part))

No hotel or motel owner or operator shall let, lease, or rent a hotel or motel room to any person without verifying that the guest registration card has been accurately completed, that the name, address, and official identification card number is legibly printed on the guest registration card and that the information corresponds to the information on the person's official identification card. Nor shall any hotel or motel agent or operator permit any use or occupancy of any hotel or motel room for any period of time without first verifying that the user of the room has completed a guest registration card. An individual occupying a room need not present an official identification card if the person has been referred to the hotel by a certified nonprofit organization and the written referral letter has been permanently attached to the guest registration card. (Ord. 93-07-1160 § 1 (part))

The guest registration cards shall be retained on site for a five-year period from the date the card was wholly or partially completed. The card may only be removed from the site by a duly sworn police officer who is authorized to inspect the cards pursuant to Section 5.18.060 below. No person shall destroy or dispose of or permit the destruction or disposal of any guest registration card for a period of five years from the date the card was wholly or partially completed as required by Section 5.18.030 herein. Furthermore, no improperly completed or incomplete guest registration card shall be disposed of without city authorization during the five-year retention period. It shall be deemed a violation of this section if there exists missing guest registration cards as evidenced by nonsequentially numbered guest registration cards. (Ord. 2011-08-1431 § 1 (part), 2011; Ord. 93-07-1160 § 1 (part))

No person shall provide any false information, register under a fictitious name, or show or use a forged, altered, or counterfeit official identification card when procuring a hotel or motel room within the city. The hotel/motel agent or operator shall be responsible to verify the authenticity of the official identification card used by the person letting, leasing or renting the hotel or motel room by comparing the card to a photographic facsimile contained in the book entitled Driver's License Guide or a similar book. (Ord. 93-07-1160 § 1 (part))

Guest registration cards may be available for inspection by the city finance director or any duly sworn peace officer of the

city, state or federal government provided that (i) a legally signed administrative subpoena is obtained, or (ii) the hotel/motel agent voluntarily consents, or (iii) other legal means is authorized by law. (Ord. 2015-09- 1477 § 1; Ord. 93-07-1160 § 1 (part))

Each hotel or motel within the city shall have posted a sign of dimensions not smaller than eight and one-half inches by eleven inches with letters not smaller than one-half inch in height on the inside of the entry door to each room which substantially provides as follows: NO PERSON SHALL OCCUPY OR USE A ROOM IN THIS FACILITY WITHOUT FIRST REGISTERING WITH THE FRONT DESK. FAILURE TO REGISTER CONSTITUTES A MISDEMEANOR. (Ord. 93-07-1160 § 1 (part))

Every hotel and motel shall post a sign within each room and in a conspicuous place which is legible from the location at which persons let, lease or rent rooms which indicates the rental rate for each room in the hotel or motel. (Ord. 93-07-1160 § 1 (part))

No single hotel or motel room shall be let, leased or rented more than once in a twenty-four-hour period, nor shall any person not acting in the capacity of a hotel or motel employee occupy any hotel or motel room unless such person has first registered with the hotel/motel agent by completing a guest registration card. No hotel/motel agent shall let, lease or rent any room at any rate other than the posted rate. (Ord. 93-07-1160 § 1 (part))

No hotel or motel owner or operator shall permit any minor to use or occupy any hotel or motel room unless such minor is accompanied by his or her parent, legal guardian, or a responsible adult who is authorized in writing by the minor's parent or legal guardian to occupy the hotel or motel room with the minor. (Ord. 93-07-1160 § 1 (part))

No hotel or motel room shall be let, leased or rented to any person by anyone other than a person with a valid hotel/motel agent permit. An applicant shall be permitted to serve as a hotel/motel agent upon submission of a hotel/motel permit application until the city approves or denies the permit, but thereafter only if the permit has been approved. (Ord. 93-07-1160 § 1 (part))

Any person wishing to obtain a hotel/motel agent permit shall submit a completed application on the form provided by the city, together with the applicable hotel/motel agent application fee as determined by resolution of the city council, to the Signal Hill police department. The information required to be included in the application shall include, but not be limited to, the following: A. The full name of the applicant including all aliases, nicknames, maiden names, married names, and any other names used; B. The present address and two most recent previous addresses of the applicant; C. The applicant's date of birth, height, weight, official identification card number, and social security number; D. Two portrait photographs at least two inches by two inches; E. The employment history of the applicant for the three years immediately preceding the date of the application and the addresses of each and every location where such employment was engaged in or performed; F. A statement indicating whether the applicant has ever been convicted of a violation of Sections 261, 264.1, 266h, 266i, 267, 285, 286, 288, 288a, 289, 314.1, 314.2, 315, 316, 318, 459, 484, 487, 646.9, 647(a), 647(b), 647(d), 647(g), or 647.6, of the California Penal Code; any violation of the State of California Narcotics Act or any other similar violation from another state; and G. Fingerprints of the applicant.

(Ord. 93-07-1160 § 1 (part))

Upon receipt of a completed hotel/motel agent permit application, the police chief shall cause the applicant and the information set forth in the application to be investigated. (Ord. 93-07-1160 § 1 (part))

The city shall issue a hotel/motel agent permit to an applicant unless any of the following are found to exist: A. The application is found to contain any false or misleading information; B. The applicant was convicted of violating any of the offenses listed in subsection F of Section 5.18.120; C. The application previously had a hotel/motel agent permit which was subsequently revoked. (Ord. 93-07-1160 § 1 (part))

Each hotel/motel agent permit issued pursuant to this chapter shall be prominently displayed in the hotel or motel office in a place visibly accessible to the public when letting, leasing or renting a room. (Ord. 93-07-1160 § 1 (part))

Hotel/motel agent permits are personal to the applicant and are not transferrable. Any hotel/motel agent permit transferred to or used by any person other than the permittee shall be null and void. (Ord. 93-07-1160 § 1 (part))

A. Grounds for Revocation. The city shall revoke a hotel/motel agent permit upon determining that any of the following has occurred:

1. The hotel/motel agent has let, leased or rented a hotel or motel room to any person in violation of any of the provisions of this chapter;
2. The hotel/motel agent has let, leased or rented a room to any person under such circumstances that a reasonable person would have known that the room was being procured for the purposes of engaging in acts of prostitution; or
3. The hotel/motel agent has let, leased or rented a room to any person for an amount other than the room rate posted for the particular room pursuant to Section 5.18.080 herein. B. Revocation Procedure. Upon determining that any of the grounds for revocation of a hotel/motel agent permit as contained in subsection A of this section exists, the city shall provide written notice to the hotel/motel agent at both the address listed in the hotel/motel agent's application and the hotel or motel address at which he or she is a hotel/motel agent informing the hotel/motel agent that the city will hold a hearing to determine whether to revoke the hotel/motel agent's permit. The notice shall set forth the date, time and location of the revocation hearing; a general description of the grounds upon which the revocation is being based; and a statement explaining that the applicant 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. (The hearing shall be presided over by the chief of police or his or her designee.) At the conclusion of the hearing, or as soon thereafter as is practical, the chief of police or his or her designee shall determine, in writing, whether any of the grounds for revocation listed in subsection A of this section exists. The written determination shall be provided to the hotel/motel agent at the address contained in the hotel/motel agent's application and at the hotel or motel at which he or she is the hotel/motel agent. The revocation shall be effective immediately upon issuance of the written findings of the chief of police or his or her designee. The hotel/motel agent may appeal the decision of the chief of police to the city council in the manner provided in Section 5.16.120 of this code. (Ord. 93-07-1160 § 1 (part))

All persons acting in the capacity of a hotel/motel agent on the effective date of the ordinance codified in this chapter may obtain a hotel/motel agent permit by appearing at the offices of the city police department and presenting an official identification card together with a written statement from the owner of the hotel or motel at which the person serves as a hotel/motel agent stating that, prior to the effective date of the ordinance codified in this chapter, the person did in fact serve

as a hotel/motel agent for the hotel or motel. All such persons shall have a period of ninety days from the effective date of the ordinance codified in this chapter to obtain their hotel/motel agent permit according to the procedure provided in this section. Thereafter, all such persons desiring to obtain a hotel/motel agent permit shall be required to follow the procedures provided in Sections 5.18.120 through 5.18.140 herein. (Ord. 93-07-1160 § 1 (part))

No hotel or motel shall let, lease or rent any room in a hotel or motel without obtaining and holding a special business permit in the manner required by Chapter 5.08 of the code of the city of Signal Hill. (Ord. 93-07-1160 § 1 (part))

In addition to the grounds provided for in Section 5.08.120 of this code for the revocation of special business permits, the following acts shall be additional grounds for revocation of a hotel or motel special business permit: A. The letting, leasing or renting of a hotel or motel room by a hotel/motel agent who does not possess a valid hotel/motel agent permit; B. Three occurrences within any two-year period of any act committed by the hotel/motel/s agent which shall constitute grounds for revocation of a hotel/motel agent permit under Section 5.18.170; C. A violation of any other provision of this chapter; D. A violation of any provision of Chapter 3.16, Transient Occupancy Tax. (Ord. 93-07-1160 § 1 (part))