These regulations shall be known as the hotel operating standards of the city of West Sacramento.
(Ord. 05-15 § 1)
The general purpose of this chapter is to promote the health, safety, comfort, convenience, prosperity and general welfare by requiring that businesses that offer shelter to visitors, transient guests, and other residents provide a minimum level of cleanliness, quality and security.
(Ord. 05-15 § 1)
This chapter shall apply to all hotels located within city limits. As used in this chapter, "hotel" means any business which is required to have posted a transient occupancy registration certificate from the city pursuant to Section 3.28.060 of this code. These provisions shall not apply to:
A. 
Residential care facilities or other facilities that are licensed and inspected by the state of California.
B. 
Hotels that are subject to and operated in compliance with a hotel operations agreement entered into with the city pursuant to Section 8.03.190 of this chapter.
(Ord. 05-15 § 1)
All terms in this chapter shall have the meaning set forth in Chapter 17.70 of the West Sacramento Municipal Code (WSMC), unless the term is specifically defined in this chapter or a different definition is apparent from the context of its use. The term "operator" shall have the meaning set forth in Section 3.28.020 of this code.
(Ord. 05-15 § 1)
A. 
Room Rates. Room rates shall be posted in a prominent location in the guest rooms. Posting room rates in the reception area is strongly encouraged. Guests shall not be charged in excess of posted rates. A range of rates is acceptable.
B. 
Management Accessibility. A representative of the operator shall be accessible, in person or by telephone, on a twenty-four-hour basis. Contact information for the representative shall be posted in a prominent location in the guest rooms and in the reception area at all times.
C. 
Guest Complaints. The telephone number and address for city code enforcement shall be posted in a prominent location in the reception area/front desk.
D. 
Records. The operator of any hotel shall document in writing compliance with the requirements of this chapter relating to housekeeping (Section 8.03.090 of this chapter) and to maintenance of guest rooms and other hotel facilities and retain that documentation as required by Section 8.03.060(D) of this chapter.
(Ord. 05-15 § 1)
A. 
The operator of any hotel shall keep a register on forms approved by or supplied by the city of the names and home or business addresses of the registrant to be accommodated with the length of stay indicated.
B. 
1. 
Except as otherwise provided in subsection C of this section, the operator or his or her employee shall, at the time of registration, verify the identification of the registrant by requesting to see, and copying onto the registration form, any of the following: the registrant's valid driver's license number, the number from a valid green card or a state identification card, the registrant's valid passport number and country of issuance, a valid military photo identification, and/or a credit card verification of a credit card issued in the registrant's name. The city manager or designee is authorized to allow the acceptance of other forms of verification. In such a case, the city manager shall notify hotel operators when and if alternate forms of verification are permitted.
2. 
The operator or his or her employee must also include on the registration forms required by this section the make, type and license number of the registrant's automobile, trailer or other vehicle, and the state in which such vehicle is registered, for any vehicle operated by the registrant that is parked on the premises. Hotels that can demonstrate that they take sufficient reasonable steps to control access to and from parking areas on the premises shall not be required to include this information on the guest register forms. No person placing any information required by this law shall falsely or inaccurately state such information. The city shall develop forms for recording register information for all hotels that will conform to these requirements.
C. 
In the event that the hotel utilizes a prearrival registration or approval procedure that obviates the requirement for an arriving guest to go to the front desk and provide information typically required as part of the hotel's customary registration process, the hotel shall not be required to comply with subsection B of this section; provided, however, that the hotel's prearrival registration or approval procedure must be submitted to and approved by the city manager or designee, and the hotel must obtain such guest-related information of the type specified in subsection B of this section as the city manager might reasonably require.
D. 
If the owner or operator of any motel has been found to be in violation of this chapter through an administrative enforcement action or civil suit, or has been convicted of an infraction or misdemeanor violation of this chapter, then all guests to be accommodated must provide, at the time of registration, the information and identification as required of the registrant in accordance with subsections A and B of this section.
E. 
Retention of Records.
1. 
Guest registers shall be kept on the hotel site for a period of not less than four years. In the event that the hotel operates pursuant to a prearrival registration or approval procedure approved by the city manager pursuant to subsection C of this section, the information which is required to be obtained shall be retained on the hotel site or at such other location(s) as the city manager might designate, for a period of not less than four years.
2. 
Other records required to be kept by this chapter shall be retained for a period of not less than three years. Such records may be retained on- or off-site, but if maintained off-site, the records must be readily accessible to permit inspection, review and audit by the city in accordance with this chapter.
(Ord. 05-15 § 1)
A. 
Records and Hotel Facilities Subject to Inspection, Review, and Audit. The police chief or representative, or the fire chief or representative, the building official or representative, code enforcement officers and community services officers who have received a course of training pursuant to Section 832 of the Penal Code of the state, shall be permitted to enter and inspect a motel at any reasonable time, without charge or other restraint and in accordance with procedures required by law, for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated.
B. 
Hotel Inspection Program.
1. 
The city shall conduct inspections of all businesses subject to the regulations specified in this chapter, hereinafter referred to as the "hotel inspection program."
2. 
Upon completion of an inspection made pursuant to the hotel inspection program, city staff shall prepare a written evaluation for each facility subject to the regulations in this chapter. The evaluation criteria and grading rubric used for evaluations shall be approved by city council resolution, and may include criteria in addition to the standards set forth in this chapter.
3. 
Businesses will receive either a passing or failing grade as a result of the evaluation. A passing grade shall mean the business is being conducted within the minimum operating and cleanliness standards pursuant to this chapter. A failing grade shall mean the business does not meet the minimum operating and cleanliness standards pursuant to this chapter.
4. 
Businesses that receive a passing grade shall be subject to annual inspection. Businesses that receive a failing grade shall be subject to bi-annual inspection. A business receiving a failing grade may request reevaluation before its next scheduled bi-annual inspection upon pre-prepayment of a re-inspection fee.
5. 
Following the evaluation, businesses will receive a "report card" with their grade. The "report card" shall be displayed in a conspicuous location of the business's lobby, and must be clearly visible to customers entering the business. The grade must remain posted until the next hotel inspection, after which time program staff will issue a new grade based on existing conditions.
6. 
Any business disputing the grade received may appeal the determination to the city hearing officer pursuant to Chapter 1.08 of this code. The hearing officer's decision shall be final.
7. 
The hotel inspection program is intended to function in parallel with the other enforcement mechanisms specified in this chapter. The city reserves the right to pursue all other civil, criminal, administrative, and code enforcement remedies available by law to ensure compliance with this chapter.
C. 
Independent Agency Inspections. The city manager or designee is authorized to promulgate administrative regulations to allow the acceptance of satisfactory ratings conferred by recognized, independent agencies in lieu of a city inspection, provided that the independent inspection is based upon performance and facility standards equal to or in excess of the standards commemorated in this chapter.
(Ord. 05-15 § 1; Ord. 17-5 § 2)
A. 
Guest Room Locks. On or after August 10, 2005, the following is required:
1. 
An operable dead bolt lock shall be installed and maintained on each main swinging entry door of a guest room. The dead bolt lock shall be installed in accordance with the manufacturer's specifications and shall comply with applicable state and local codes, including but not limited to those provisions relating to fire and life safety and accessibility for the disabled. When in the locked position, the bolt shall extend a minimum of 13/16 of an inch in length beyond the strike edge of the door and protrude into the doorjamb.
2. 
This section shall not apply to horizontal sliding doors. Existing dead bolts of at least one-half inch in length shall satisfy the requirements of this section.
3. 
Existing locks with a thumb-turn deadlock that have a strike plate attached to the doorjamb and a latch bolt that is held in a vertical position by a guard bolt, a plunger, or an auxiliary mechanism shall also satisfy the requirements of this section. These locks, however, shall be replaced with a dead bolt at least 13/16 of an inch in length the first time after August 10, 2005 that the lock requires repair or replacement.
B. 
Viewports. Each door shall have a viewport or window convenient to the door. Properties with fire resistive construction rated (fire rated) doors, at the time of the adoption of the ordinance codified in this chapter, are exempt from this provision to the extent that installing a viewport would negatively affect the fire rating.
C. 
Connecting Doors. Each door connecting two guest units that share a common wall shall be equipped with a functional deadbolt lock.
D. 
Window Locks. All windows designed to be opened shall have an operable window security or locking device. Louvered windows, casement windows, and all windows more than twelve feet vertically from the ground are excluded from this subdivision, except where the window is within eight feet horizontally of a roof or any other platform area.
(Ord. 05-15 § 1)
Violation of any of the following obligations, along with any other housekeeping conditions, may be considered alone or in part in determining whether guest rooms or premises are in a clean, sanitary and nondefective condition, which is required by this chapter:
A. 
Mattress and All Bed Parts. Mattresses and all bed parts shall be free of stains, holes, rips or odors and maintained in a nondefective condition (e.g., without broken springs, indentations, sags, etc.).
B. 
Linens. Where provided by management, linens shall be free of stains, holes, rips or odors and shall be cleaned at change of occupancy or at least once a week when occupancy does not change. Linens shall be cleaned in hot water at least forty-three degrees Celsius (one hundred ten degrees Fahrenheit) for a minimum of twenty-five minutes.
C. 
Bathroom. Bathroom fixtures (e.g., toilet, bathtub, sink, mirror) shall be maintained without significant cracks, chips, or stains. Floors shall be washed with hot water and a sanitizer at change of occupancy or at least once a week when occupancy does not change.
D. 
Carpet. Carpeting shall be free of stains, holes, rips or odors and maintained in a nondefective condition.
E. 
Floors. Floor surfaces shall be made of nonabsorbent material. All surfaces and tile grouting shall be maintained without cracks, rips or missing elements. Floors shall be maintained in a nondefective condition.
F. 
Walls. Wall surfaces shall be maintained without spots, stains, flakes, chips, holes, etc.
G. 
Mold/Mildew. All surfaces, including carpeting and flooring, and fixtures shall be free from mold, mildew or bubbling conditions.
H. 
Electrical Equipment. For the purposes of this section, electrical equipment shall include furniture items installed by management, including televisions, lamps, etc. All electrical equipment shall be clean and in proper working order.
I. 
Water Leakage/Water Stains. All fixtures shall be maintained without leaks or drips. Water damage shall be immediately repaired.
J. 
Furniture. All furniture items provided by management shall be maintained in clean and proper working order.
K. 
Shades/Draperies/Blinds. Shades, draperies, blinds, etc., shall be free of stains, holes, rips or odors and maintained in a nondefective condition.
L. 
Vector Control. The entire hotel premises shall be kept clean in every part and free from garbage, rubbish, rodents, vermin and other offensive matter.
M. 
Heating. Each habitable guest room shall have independent control of the room temperature.
(Ord. 05-15 § 1; Ord. 06-13 § 1)
A. 
Privacy. Privacy coverings such as shades, draperies or blinds shall be appropriately hung to cover all windows and shall be maintained in proper working order.
B. 
Room Light. An active, fully functional light switch shall be located at the main entry to the guest unit. Light fixtures shall be maintained in proper working order.
C. 
Bathroom Fixtures. Private bathrooms shall have a functioning water closet (e.g., toilet), lavatory (e.g., sink), shower receptor and/or bathtub. This should not be construed to prevent a sink from being placed in a guest room that does not have full bathroom facilities.
D. 
Shared Bathroom Facilities. Guests in facilities with shared bathrooms shall have access to a functioning water closet (e.g., toilet), lavatory (e.g., sink), shower receptor and/or bathtub. Showering or bathing areas shall be able to be securely locked from the inside. Separate facilities shall be provided for men and women or the facilities shall be able to be locked for individual use.
E. 
Hot/Cold Water. Hot and cold running water shall be provided for all plumbing facilities.
F. 
Telephone Rates. Telephone rates shall be posted in every room that has a private phone and be adhered to by management.
G. 
Emergency Telephone Access. Guests shall have twenty-four-hour emergency access to a telephone (a payphone is adequate) on the property. However, such telephone shall not be made generally available to the public so as to become a public nuisance.
H. 
Clothes Storage. Space shall be provided in good working order for hanging clothes and/or storing personal belongings.
(Ord. 05-15 § 1)
A. 
Windows. Exterior window glass shall be without cracks, chips or holes.
B. 
Exterior Lighting. The exterior of the property, including adjacent public sidewalks and parking lots under the control of the operator, shall be illuminated during all hours of darkness during which the property is open for business in a manner so that persons standing in those areas at night identifiable from the street. However, the required illumination shall be placed so as to minimize interference with the quiet enjoyment of nearby residents of their property.
C. 
Landscaping. All areas on the property designated for landscaping, i.e., lawns, planter beds, and other unsurfaced locations, shall be maintained with properly trimmed living plant materials and without collecting litter or debris.
D. 
Directional Signs. Directional signs shall be posted as appropriate to ensure that emergency personnel can find guest rooms in a timely manner.
E. 
Exterior Trash/Garbage Storage. All containers used for the storage of trash, garbage, or recycled materials and placed on the exterior of the building(s) shall be screened from view from any public right-of-way.
(Ord. 05-15 § 1)
A. 
Elevators. Guest service elevators need to be fully functional and pass appropriate agency inspections. The name and telephone of the inspection agency shall be posted in all of the elevators. Elevators shall be operational on a twenty-four-hour-a-day basis as of September 10, 2008.
B. 
Lobbies and Hallways. Any lobby area or other public space shall be maintained in a sanitary condition, free of garbage or debris and lit at a minimum of one footcandle at ground level.
(Ord. 05-15 § 1)
A. 
Nuisance Activity. The operation of the property shall not result in repeated nuisance activities on the property, including but not limited to disturbance of the peace, illegal drug activity, prostitution, public drunkenness, harassment of passersby, gambling, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests.
B. 
Graffiti. All graffiti shall be removed on a continuous basis within forty-eight hours of application.
C. 
Litter. Litter shall be removed daily from the premises, including adjacent public sidewalks and parking lots under control of the operator. These areas shall be swept or cleaned, either mechanically or manually, on a weekly basis to control debris.
(Ord. 05-15 § 1)
Whenever any provisions of this chapter and any other provision of law, whether set forth in this code, or in any other law, ordinance, or resolution of any kind, imposes overlapping or contradictory regulations, or contains restrictions covering any same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in these regulations.
(Ord. 05-15 § 1)
Each violation of this chapter shall constitute a separate offense.
(Ord. 05-15 § 1)
Violations of this chapter are also violations of Title 19 of the West Sacramento Municipal Code and are subject to enforcement in accordance with both provisions which may include progressive application of administrative proceedings, abatement, civil actions and civil penalties and may also be prosecuted as a misdemeanor or infraction depending on the nature and repetitiveness of the violations. Nothing in this chapter shall be interpreted to preclude or limit the city from seeking injunctive or other judicial relief.
(Ord. 05-15 § 1)
Costs for any abatement performed by, or on behalf of, the city, including the cost of extraordinary police services provided, shall be recoverable by the city in accordance with the procedures set forth in Title 19 of the WSMC.
(Ord. 05-15 § 1)
A. 
A business, otherwise subject to this chapter, may request and the city may agree to enter into a motel operations agreement for the purpose of establishing maintenance and operations standards for the business. Following approval of the agreement by the parties and recordation of a memorandum of the agreement, the business shall be exempt from compliance with the standards contained in this chapter for the duration of the agreement, provided the business remains in full compliance with the terms of the agreement.
B. 
The agreement shall include such terms and conditions as the city determines necessary to ensure that:
1. 
The property is maintained in good condition, in good repair, and in decent, safe, sanitary, and habitable condition for the benefit of guests;
2. 
Physical deterioration of the property, including without limitation interior living spaces and interior and exterior common areas, does not occur;
3. 
Adequate provision is made for the ongoing security of guests;
4. 
The property is managed and maintained in accordance with standards deemed appropriate for the motel, taking into account such matters as the motel's history of compliance with the terms of this chapter, outstanding violations (if any) of this chapter or any other provision of law, and recommendations from other city departments;
5. 
The property is managed and maintained in conformance with all applicable state, federal, and local laws, ordinances, codes and regulations.
C. 
Other Terms; Enforcement.
1. 
The duration of each hotel operations agreement shall not exceed three years but may be extended by the mutual written consent of the parties.
2. 
The city shall have the right to inspect the operations and management of the business annually and at such other times as the city determines necessary in order to ensure compliance with the terms of the agreement.
3. 
The agreement shall provide that, in addition to any legal or equitable remedy available by law, violations of the terms of the agreement shall be considered violations of this chapter and Title 19 of the WSMC and shall be subject to enforcement in the same manner as provided in this chapter. The agreement may also provide for the expedited review of violations of the agreement and may establish financial and other penalties for failing to comply with the terms of the agreement.
(Ord. 05-15 § 1)