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HomeMy WebLinkAboutORD 1083ORD 1083pT3(Ìì¿o ORDINANCE NO. 1083 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING TITLE 9 OF THE BALDWIN PARK MUNICIPAL CODE BY ADDING A NEW CHAPTER 9.50 REGULATING HOTELS AND MOTELS WHEREAS, the availability of well maintained and safe Hotels and Motels benefits the City because Hotels and Motels further the tourist and commercial trade in the City by providing people with accommodations while visiting the City and provide the City with revenue both through the Hotel and Motel licensing fee and the Transient Occupancy Tax; and WHEREAS, many Hotels and Motels within the City are becoming increasingly used for prostitution and narcotics activities; and WHEREAS, the use of Hotel and Motel Rooms for prostitution and narcotics activity not only increases the spread of sexually trans- mitted diseases, but also results in increased crime in areas adjacent to the Hotels and Motels; and WHEREAS, the City Council finds that the use of Hotel and Motel Rooms for prostitution and narcotics activities is likely to increase when the Hotel/Motel Agent has been convicted of certain narcotics and/or sex offenses; and WHEREAS, the adoption of the regulations proposed herein will decrease the use of Hotel and Motel Rooms for prostitution and narcotics activity, further the health, safety and welfare of the people of Baldwin Park and people visiting Baldwin Park, reduce the secondary effects associated with such uses and provide a verifi- able and reliable mechanism for calculating the Transient Occupancy Tax owed to the City. Now, THEREFORE, the City Council of the City of Baldwin Park, California, hereby ordains as follows: SECTION 1: Title 9 of the Baldwin Park Municipal Code is hereby amended by adding a new Chapter 9.50 to read in its entirety as follows: Chapter 9.50 Hotel and Motel Regulations. Section 9.50.010 Definitions. A. Adult" means any competent person 18 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 of Baldwin Park and required for Hotel/ Motel Agents. D. Hotel" shall have the meaning ascribed thereto in Section 17.04.355 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 compen- sation. F. Minor" means any person under the age of 18. BIB] 37650-U01 ORD-U02 1083-U02 LI2-U03 FO4263-U03 FO4331-U03 DO4345-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1083-U05 JUN-U05 15-U05 1994-U05 ORD 1083pT3(Ìì¿o G. Motel" shall have the meaning ascribed thereto in Section 17.04.475 of this Code. H. Posted Rate" shall mean that rate charged for a Room in a Hotel or Motel as posted on the sign required by Section 9.50.080 herein. I. Guest Registration Cards" means the sequentially numbered Hotel/Motel registration cards approved by and/or printed by the City. J. Room" shall mean any area of the Hotel or Motel which consists of four or more walls, a ceiling, and a door and which is made available to patrons for temporary occupancy. K. Official Identification Card" means driver's license or other official picture identification card issued by a governmental entity. Section 9.50.020 Official Guest Registration Cards. Each Hotel or Motel in the City shall either obtain offi- cial Guest Registration Cards from the City or obtain City approval of Guest Registration Cards currently in use or to be used by the Hotel or Motel by no later than July 15, 1994 Sequentially numbered Guest Registra- tion 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 or 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, as well as the Room number or other designation of the Room which such person Lets, Leases, or Rents. Section 9.50.030 Registration Required. No Hotel/Motel Agent shall Let, Lease, or Rent a Hotel or Motel Room to any person not acting in the capacity of a Hotel or Motel employee 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/Motel Agent 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 non-profit organization and the written referral letter has been permanently attached to the Guest Registration Card. Section 9.50.040 Retention of Guest Registration Cards. The Guest Registration Cards shall be retained on site for a five 5) 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 peace officer or other official of City who is authorized to inspect the cards pursuant to Section 9.50.050 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 9.50.030 herein. Fur- thermore, no improperly completed or incomplete Guest Registration Card shall be disposed of without City BIB] 37650-U01 ORD-U02 1083-U02 LI2-U03 FO4263-U03 FO4331-U03 DO4345-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1083-U05 JUN-U05 15-U05 1994-U05 ORD 1083pT3(Ìì¿o 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 non-sequentially numbered Guest Registration Cards. Section 9.50.050 Registration by Fictitious Name. 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 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. Section 9.50.060 Inspection of Guest Registration Cards. Guest Registration Cards shall be available on the premises of the Hotel or Motel for inspection by any duly sworn peace officer of the City, State, or Federal government or any authorized official of the City the Authorized Persons") Any such Authorized Persons shall be permitted to inspect the Guest Registration Cards at any time of the day or night. Section 9.50.070 Notification of Registration Request. Each Hotel or Motel within the City shall have posted a sign of dimensions not smaller than 8 1/2 inches x 11 inches with letters not smaller than 1/2 inch in height on the inside of the entry door to each Room which sub- stantially 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 Section 9.50.080 Posting of Room Rates. 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. Section 9.50.090 Room Rental Limitations. No single Hotel or Motel Room shall be Let, Leased or Rented more than once in a 24-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 in excess other than the Posted Rate. Section 9.50.100 Prohibited Occupancy by Unsupervised Minor. No Hotel/Motel Agent 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 BIB] 37650-U01 ORD-U02 1083-U02 LI2-U03 FO4263-U03 FO4331-U03 DO4345-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1083-U05 JUN-U05 15-U05 1994-U05 ORD 1083pT3(Ìì¿o Minor's parent or legal guardian to occupy the Hotel or Motel Room with the minor. Section 9.50.110 Notice and Hearing on Violation. In the event that there is reason to believe a person has violated any of the provisions of Sections 9.50.020- 9.50.100, inclusive, the City shall provide written notice to the Hotel or Motel owner at both the owner's address as listed on the City's business license records and the Hotel or Motel address informing the owner of the following: the nature of the alleged violation, the fact that the Hotel or Motel will not be permitted to continue Letting, Leasing or Renting Hotel or Motel rooms without first obtaining the necessary Hotel/Motel Agent Permit and without obtaining a thumbprint of each person Letting, Leasing or Renting a Hotel or Motel Room; and that the City will hold a hearing on the alleged viola- tion if a written request for a hearing is submitted to the City Clerk within thirty 30) days of the date of the notice of violation. If a hearing is timely requested, a hearing officer shall be selected by the City Council's designee and the City shall provide written notice to the Hotel or Motel owner of the date, time and location of the hearing on the alleged violation. The notice shall further state that the owner of the Hotel or Motel 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 hear- ing. The hearing shall be presided over by the hearing officer. 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 provision of Section 9.50.020-9.50.100, inclusive. The written determination shall be provided to the owner of the Hotel or Motel at the owner's address as contained in the City's business license records and at the Hotel or Motel address. The Hotel or Motel owner may appeal the decision of the hearing officer to the City Council in the manner provided in Chapter 2.12 of this code. The filing of a request for hearing shall stay the imposition of the requirements contained in Section 9.50.120 et seo. of this code. Section 9.50.120 Hotel/Motel Agent Permit Required. No Hotel or Motel which has been found to have violated any provision of Sections 9.50.010-9.50.100 shall Let, Lease, or Rent a Hotel or Motel Room to any person by anyone other than a person with a valid Hotel/Motel Agent Permit. Once an application has been filed, an applicant shall be permitted to serve as a Hotel/Motel Agent either for a period of four weeks or until the City approves or denies the permit, whichever occurs first. Section 9.50.130 Hotel/Motel Agent Permit Application: Contents. 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 Baldwin Park 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; BIB] 37650-U01 ORD-U02 1083-U02 LI2-U03 FO4263-U03 FO4331-U03 DO4345-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1083-U05 JUN-U05 15-U05 1994-U05 ORD 1083pT3(Ìì¿o 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 2" x 2"; 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. Section 9.50.140 Investigation. 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. Section 9.50.150 Issuance of Hotel/Motel Agent Permit. 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 Section 5.18.120, subsection F; C. The applicant previously had a Hotel/Motel Agent Permit which was subsequently revoked. Section 9.50.160 Display of Permit. 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. Section 9.50.170 Nontransferability. 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. BIB] 37650-U01 ORD-U02 1083-U02 LI2-U03 FO4263-U03 FO4331-U03 DO4345-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1083-U05 JUN-U05 15-U05 1994-U05 ORD 1083pT3(Ìì¿o Section 9.50.180 Revocation. Hearing. 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 9.50; 2. The Hotel/Motel Agent has Let, Leased, or Rented a Room to any person under such cir- cumstances that a reasonable person would have known that the Room was being procured for the purposes of engaging in acts of prostitution or the sale or use of Narcotics; 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 9.50.080 herein. B. Revocation Procedure. Upon determining that any of the grounds for revo- cation of a Hotel/Motel Agent Permit as contained in subsection A" of this section 9.50.180 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 a hearing officer selected by the City Council or designee. At the conclusion of the hearing, or as soon thereafter as is practical, the hearing of ficer shall determine, in writing, whether any of the grounds for revocation listed in subsection A" of this Section 9.50.170 exist. The written deter- mination 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 a Hotel/Motel Agent. The revocation shall be effective immediately upon issuance of the written findings of the hearing officer or his or her designee. The Hotel/Motel Agent may appeal the decision of the hearing officer to the City Council in the manner provided in Section 9.50.120 of this Code. Section 9.50.190 Fingerprinting In addition to the requirements contained within Sections 9.50.020 through 9.50.100, inclusive, no Hotel or Motel which has been found to have violated any provision of the aforementioned sections pursuant to Section 9.50.110 shall Let, Lease or Rent any Hotel or Motel Room to any person without first obtaining on the Guest Registration 3 BIB] 37650-U01 ORD-U02 1083-U02 LI2-U03 FO4263-U03 FO4331-U03 DO4345-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1083-U05 JUN-U05 15-U05 1994-U05 ORD 1083pT3(Ìì¿o Card the right thumbprint of each person who Lets, Leases or Rents the Hotel or Motel Room or, if the person cannot provide a right thumbprint, the left thumbprint of each person who Lets, Leases or Rents the Hotel or Motel Room. SECTION 2: Should any section, subsection, clause, or provi- sion of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, any section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsec- tions, sentences, clauses or phrases be declared invalid or uncon- stitutional. SECTION 3: The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council of the City of Baldwin Park and shall, within 15 days after its final passage, cause the same to be published in a newspaper of general circula- tion which is hereby designated for that purpose and this Ordinance shall take effect 30 days after its passage. PASSED, APPROVED, AND ADOPTED, this 15th day of June 1994. FIDEL VARGAS MAYOR BALDWIN PARK BIB] 37650-U01 ORD-U02 1083-U02 LI2-U03 FO4263-U03 FO4331-U03 DO4345-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1083-U05 JUN-U05 15-U05 1994-U05 ORD 1083pT3(Ìì¿oSTATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, LINDA GAIR, City Clerk of the City 0 Baldwin Park, California, hereby certify that Ordinance No 1083 was introduced by the City Council ot The City of Baldwin Park at a Regular Meeting held on the 1st day of June, 1994, and was adopted on the 15th day of June, 1994, and that the same was adopted by the following vote: AYES: LOWES, GALLEGOS, MARTINEZ, MUSE, MAYOR VARGAS NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY CLERK BIB] 37650-U01 ORD-U02 1083-U02 LI2-U03 FO4263-U03 FO4331-U03 DO4345-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1083-U05 JUN-U05 15-U05 1994-U05