[HISTORY: Adopted by the Borough Council of the Borough of Ephrata as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-8-2017 by Ord. No. 1529]
The purpose of this article is to secure the safety of persons and property in the Borough by requiring operators of hotels to obtain and keep identifying information about hotel guests to deter criminal conduct by guests in hotel rooms and elsewhere in the Borough and to facilitate investigation and prosecution of crime by Borough police.
As used herein, the following terms shall have the meanings indicated:
- The Borough of Ephrata, Lancaster County, Pennsylvania.
- BOROUGH COUNCIL
- The Borough Council of the Borough of Ephrata, Lancaster County, Pennsylvania.
- A building or group of buildings licensed under applicable laws which contains six or more rental units for overnight lodging of travelers or for the temporary occupancy by transients. "Hotel" does not include institutional or educational uses, buildings where human beings are housed under legal constraint, bed-and-breakfasts or campgrounds. The term "hotel" shall be synonymous with the term "motel."
- The individual or entity which is responsible for the management of a hotel as defined herein, or the person who appears to the general public to have supervisory responsibility for the management of such hotel.
- The Ephrata Borough Police Department.
Every owner and/or operator of a hotel in the Borough shall maintain a register of all persons provided with accommodation at the hotel.
Upon the arrival of a guest, the hotel owner and/or operator or his or her agent shall require the guest to enter into the register, or shall enter for the guest, the following:
The name and address of the guest and of all other persons in the guest's party;
The make, model, license plate number, and state, province or country in which the plate was issued of any guest's vehicle parked on hotel property;
The guest's date and time of arrival and scheduled departure date;
The room number assigned to the guest;
The rate charged and amount collected for the room; and
The method of payment.
In addition to the requirements of Subsection B above, the hotel owner and/or operator or his or her agent shall view photo identification of a guest and record the number and date of such identification in the following circumstances:
The guest register may be maintained in either electronic or paper form.
The guest register shall be kept on the hotel premises in the guest reception or guest check-in area or in an office adjacent thereto for a period of not less than 90 days.
The hotel owner and/or operator or his or her agent shall not provide accommodation to any person who fails to provide the information required by this section.
Any person who violates or fails to comply with the provisions of this article is guilty of a summary offense and upon conviction thereof before a Magisterial District Judge shall be sentenced to pay a fine of up to $1,000, together with costs of prosecution, and in default of payment thereof shall be imprisoned for not more than 90 days.
All ordinances or parts of ordinances inconsistent or in conflict with this article are hereby repealed as to said inconsistencies and conflict.
If any sentence, clause, section, or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article. It is hereby declared as the intent of the Council of the Borough of Ephrata that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
This article shall take effect and be in force after its enactment by the Council of the Borough of Ephrata at the earliest date permitted by law.