HomeMy Public PortalAboutOrd. 1623 -A ORDINANCE NO. 1623-A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
REPEALING AND REPLACING TITLE 3-31 (MOTEL/HOTEL
OCCUPANCY) OF THE LYNWOOD MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Title 3-31 (Motel/Hotel) of the Lynwood Municipal Code is hereby
repealed and replaced, which shall read as follows:
3-31
MOTEL/HOTEL OCCUPANCY:
3-31.1 Definitions.
As used in this section:
City shall mean the City of Lynwood.
Guest shall mean any person who occupies or pays rent for a "guestroom" in a motel or
hotel, as defined in this subsection.
Guestroom shall mean any portion of a motel or hotel, which is occupied or designed or
intended for occupancy by a person for temporary lodging or sleeping purposes,
including, but not limited to, suite, room, or bed.
Motel/Hotel shall mean any public or private space or structure or groups of structures
for living therein, including, but not limiting to, any inn, tourist home or house, motel
rooming house, mobilehome or other living place within the City, offering the right to use
or occupy such space for lodging, sleeping or overnight accommodations wherein the
owner or operator thereof, for compensation, furnishes such right of use or occupancy to
any person. "Hotel/motel" does not include any hospital, convalescent home or
sanitarium.
Occupancy shall mean the use or possession, or the right to the use or possession of
any space, structure, guestroom(s) or room(s) or portions thereof, in any motel or hotel
for dwelling, lodging or sleeping purposes.
Operator shall mean any person(s), as either an individual or other entity, who is
proprietor of a motel or hotel, whether in a capacity of owner of the motel or hotel, owner
of the real property, lessee, sub-lessee, franchisee, and mortgagee in possession,
licensee, manager, agent 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 also be deemed an operator for the purposes of this section and
shall have the same duties and liabilities as his or her principal.
Rent shall mean the consideration charged, whether or not received, for the occupancy
of a guestroom valued in money, whether to be received in money. goods, labor or
otherwise, including all receipts, cash, credits, and property and service of any kind or
nature, without any deduction therefrom whatsoever.
Sheriff's Department shall mean the Los Angeles County sheriff's department, or any
other successor law enforcement agency.
3-31.2 Purpose and Intent.
The purpose of this chapter is to establish operational standards and requirements for
motels and hotels, to ensure the continued availability of transient visitor lodging within
the City and continued use of motels and hotels in the manner intended to provide such
lodging.
• 3-31-3 - Operational Standards.
The operational standards contained in this section shall apply to all motels and hotels
in the City. Each owner and operator shall be responsible for insuring that the hotel or
motel he or she owns or operates is operated in compliance with this chapter.
3-31.4 Renting Rooms in Excess of Thirty Days Prohibited.
No rooms shall be rented to persons whose occupancy exceeds thirty (30) consecutive
days or exceeds thirty (30) days in any sixty (60) consecutive day period, unless such
extended occupancy is authorized pursuant to a conditional use permit as provided in
Title 25-130. This provision shall not apply to a maximum of one unit per motel or hotel
designated for a manager's occupancy.
3-31.5 On-Site Management.
On-site management shall be available twenty-four (24) hours a day.
3-31.6 Housekeeping Service.
Each guest room shall be provided regularly scheduled maid and housekeeping services.
Such services shall be provided at least once every three days during any consecutive
occupancy and at least once between each occupancy. The operator of each motel or
hotel within the City shall maintain a weekly summary sheet for each room that contains
the date the room received housekeeping services.
3-31.7 Telephone Service.
In-room telephone service for emergency response purposes shall be provided in all
guestrooms.
3-31.8 Registers.
1. Required: No operator shall rent or assign any guestroom to any person, until after
such person provides all of the information in subsection 3-31.8(2) of this section.
2. Register Information: Every operator of any motel or hotel shall keep a register in
which the following shall be entered:
a. The name and permanent address of every person who is entitled to occupy
each guestroom; and
b. A copy or photograph of valid identification such as a California driver's license;
and
c. The license plate number, state of license plate, make, model, and year of all
registered guest vehicles parked on-site or off-site; and
d. The total number of people who are entitled to occupy each guestroom; and
e. The hour, day, month, and year of arrival and departure of each named guest;
and
f. The room number or other identifying symbol of location of the guestroom
rented or assigned to each named guest; and
g. The daily rate charged and amount collected for rental of the guestroom
assigned to each named guest.
3. Daily Summary Sheets: The operator of each motel or hotel within the City shall
maintain a daily summary sheet for each day the motel or hotel is open for business
containing, at a minimum, the following information:
a. The name of all person(s) entitled to occupancy of each guestroom which is
rented or occupied that day; and
b. The room number; and
b. The daily rate and amount paid for the rental of the room; and
c. The number of the registration card applicable to the rental of the guestroom;
and
d. The guest's vehicle license plate number, make and model, if any.
4. Register Retention:
a. Every operator of a motel or hotel shall keep the register, which is required
under subsection 3-31.8(1) of this section, available and in good condition for
a period of not less than three (3) years from the entry of all required guest
information.
b. The register may be maintained in the form of registration cards, provided all
requirements of this section are otherwise met. Registration cards shall bear
consecutive numbers that shall be preprinted on the registration cards by a
print shop or manufacturer of the cards.
5. Right Of Inspection:
a. Registration records and daily summary sheets shall be available at all times
for inspection by any member of the Sheriff's Department or any authorized or
designated representative of the City of Lynwood.
b. No person shall alter, deface or erase such a register so as to make the
information recorded therein illegible or unintelligible.
6. Registration Under Fictitious Name: It shall be unlawful for any person to register
at any motel or hotel in the City under the name of any other person, or of a fictitious
person, or to sign or cause to be signed, any assumed false or fictitious name, or
any name other than the true and correct name of the person so registering or so
signing or causing his/her name to be signed.
7. Registration Under False Address: It shall be unlawful for any person to register at
any motel or hotel in the City under an address other than their own.
3-31.9 Posting of Identification of Operator.
The name, business address and business telephone number of the operator must be
posted in a conspicuous location in the motel or hotel registration and/or lobby area. The
operator must provide to employees of the motel or hotel a telephone number where the
operator or his or her representative may be reached during any time the motel or hotel
is in operation. Failure to post or to provide the information required in this section is
punishable pursuant to subsection 3-31.15 of this section.
3-31.10 Repeat Use of Room Prohibited.
No room, suite, or bed shall be assigned or rented more than twice within any twenty-four
(24) hour period.
3-31.11 Hourly Rates Prohibited.
No room shall be rented for hourly or other short-time rates (less than twenty-four hours)
nor advertised in anyway to be available at hourly or other short-time rates (less than
twenty-four hours).
3-31.12 Commercial Use of Guest Rooms Prohibited.
Except as may otherwise be expressly authorized by conditions of approval of a
conditional use permit, no person in occupancy of a motel or hotel room shall engage in
commercial use of a guestroom.
3-31.13 Food Preparation Equipment Prohibited.
Except as may otherwise be expressly authorized by conditions of approval of a
conditional use permit, no appliances for preparation of meals shall be permitted in any
guestroom, provided, however, that small refrigerators for drinks, coffee makers and small
microwave ovens which are not large enough for actual preparation of meals are not
prohibited by this section.
3-31.14 Renting of Room to Person Under the Age of Eighteen Years Prohibited.
Renting of rooms to persons under the age of eighteen (18) years is prohibited. Any
operator of any motel or hotel in the City shall not allow any room or rooms to be occupied
by any person under the age of eighteen (18) years, unless such person is accompanied
by his or her parent, parents, legal guardian, or other adult individual with legally
recognized custody or control of the minor.
3-31.15 Security.
1. Exterior doors (other than lobby doors) must be locked between the hours of 9:00
p.m. and 6:00 a.m. and shall be equipped with an alarm.
2. A Video Surveillance System (VSS) must be installed within one year of the
effective date of this Ordinance. All VSS shall have not less than one camera
dedicated to each register or check-out stand, entrance/exit, lobby and interior
hallway(s), swimming pool area, exercise facility, loading dock, and parking lots or
areas designated for customer and/or employee parking use.
a. All video surveillance records and recordings must be stored in a secure area
that is only accessible to the management staff or motel/hotel operator.
b. Video surveillance records and recordings must be made available upon
request to the City Manager or any other state or local law enforcement
agency for a purpose authorized by this chapter or for any other state or local
law enforcement purpose.
c. Video surveillance records shall be held in confidence by all employees and
representatives of the City Manager, except that the City Manager may
provide such records and recordings to any other state or local law
enforcement agency for a purpose authorized by this Chapter or for any other
state or local law enforcement purpose.
d. A sign shall be posted in a conspicuous place near each point of public access
which shall be not less than 12 inches wide and 12 inches long, composed of
letters not less than one inch in height, stating "All Activities Monitored by
Video Camera" or "These Premises Are Being Digitally Recorded" or
otherwise advising all Persons entering the premises that a video surveillance
and camera recording system is in operation at the motel or hotel.
e. All camera views of all recorded areas must be continuously recorded 24
hours a day.
f. All surveillance recordings must be kept for a minimum of 14 days and be in a
format that can be easily accessed for viewing. Video recordings must be
archived in a format that ensures authentication of the recording as
legitimately captured video and guarantees that no alteration of the recorded
image has taken place.
3-31.16 Soliciting and/or Loitering.
Soliciting and/or loitering of any kind is not allowed anywhere on the property. "No
Loitering" signs must be posted within all common areas including but not limited to lobby
and interior hallway(s), swimming pool area, loading dock, and parking lots or areas
designated for customer and/or employee parking use.
It is unlawful for any person to refuse or fail to leave the property of a motel or hotel when
requested to do so by the owner, the owner's agent or by a City representative or peace
officer when acting at the request of the owner or the owner's agent. This section shall
apply to all areas of the hotel or motel property whether or not such areas are open to the
general public.
3-31.17 Violations; Penalties.
Any person, including any motel or hotel operator, who violates any provision of this
section shall be guilty of a misdemeanor. Each offense shall be punishable by a fine of
not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for
not more than six (6) months, or both. Each day during any portion of which any violation
of any provision of this section is committed, continued or permitted, shall constitute a
separate offense.
3-31.18 Nonexclusive Remedy.
This section is not the exclusive remedy available to the City for regulating motels and
hotels and shall be in addition to other regulatory codes, statutes and ordinances enacted
by the City, the state, or any other governmental entity, or agency having jurisdiction.
Section 2. CEQA Findings. The City Council hereby finds and determines that
this Ordinance is not subject to the California Environmental Quality Act (Public
Resources Code Section 21000, et seq.) (CEQA) pursuant to Sections 15060(c)(2) and
15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or
reasonably foreseeable indirect physical change in the environment, because there is
no possibility that it may have a significant effect on the environment, and because it is
not a "project" as that term is defined in Section 15378 of the State CEQA Guidelines.
Section 3. Severability. If any section, subsection, sentence, clause, or phrase
of this Ordinance is for any reason held to be invalid or unconstitutional by a decision
of any court of any competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance, and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or unconstitutional.
Section 4. Effective Date. The City Clerk shall certify to the passage of this
Ordinance and shall cause this ordinance to be published and/or posted as required by
law and said Ordinance shall become effective 30 days after its passage.
PASSED, APPROVED AND ADOPTED this 2nd day of April 2019.
Jo Luis Solache, Mayor
ATTEST:
dir
aria Quinonez, City Clerk ' J
APPROVED AS TO FORM APPROVED AS TO CONTENT
Noel Tapia, City ^ttorney Jos Ometeotl, City Manager
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing Ordinance was duly adopted by the City Council of the City of
Lynwood at a regular meeting held in the City Hall of said City on the 2nd day of
April, 2019, and passed by the following vote:
AYES: MAYOR PRO TEM CASTRO, COUNCIL MEMBER CASANOVA,
ALATORRE, AND SANTANA
NOES: MAYOR SOLACHE
ABSENT: NONE
ABSTAIN: NONE
-410
C
Maria Quinonez, City lerk