The general purpose of these regulations is to address nuisance
activity that often occurs in and around hotels/motels and use a collaborative
approach to both proactively prevent and, when necessary, reactively
abate the activity. The intent 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.
(23-01)
For the purpose of this chapter, unless the context clearly
requires otherwise, the words and phrases defined in this section
shall have the following meanings:
"Director"
shall mean the City's Director of Community Development or
his, her, or their designee.
"Guest"
shall mean any person who is authorized to enter a hotel/motel
room and who the hotel/motel operator has provided with a hotel/motel
room key.
"Identification documents"
shall mean, exclusively, any one of the following documents
issued by a government agency: (1) a current passport or passport
card; (2) a current driver's license; (3) a current non-driver identification
card; (4) current military identification. To be accepted by the operator
of a hotel/motel, an identification document must include a photograph
of the guest presenting it that the operator recognizes as a photograph
of the guest. For avoidance of doubt, any document that is represented
by a guest to be one of the above documents, but which does not include
a photograph, or does not include a photograph that the operator of
the hotel/motel recognizes as the photograph of the guest, is not
an acceptable identification document.
"Long-term stay hotel"
shall mean a hotel that allows guests to rent rooms for terms
that exceed the maximum length of stay limitations in this chapter.
These establishments as defined are sometimes referred to as "extended-stay
hotels," such as Residence Inn by Marriott Hotels or Extended Stay
America.
"Operator"
shall include owners and managers of a hotel/motel and their
agents and employees.
(23-01)
The requirements listed in this section shall apply to every
hotel/motel in the City. The general purpose of these requirements
is to proactively prevent and reactively address certain criminal
activity, including prostitution and human trafficking.
A. Room Rental Rates. Unless a hotel/motel has obtained a conditional use permit in accordance with Chapter
16.303 authorizing shorter-term rental rates, no operator of a hotel/motel shall accept an hourly rate or any increment less than the rate for at least one overnight room rental (hereafter "day use rates"). In addition to the findings and requirements set forth in Chapter
16.303, the decision-making body shall not approve a conditional use permit for day use rates unless it makes all of the following findings:
1. The hotel/motel is in full compliance with this chapter.
2. The hotel/motel does not have a history of criminal or nuisance activities
on site that could be exacerbated by day use rates, such as prostitution
and/or human trafficking.
3. The use of day use rates at this location is unlikely to result in
criminal or nuisance activities or otherwise be detrimental to the
health, safety, or welfare of the community.
B. Guest
Register and Check-In Procedures
1. Contents of Guest Register. The hotel/motel operator shall keep a
register that includes all of the following:
a. The full name of each guest;
b. Each guest's date of birth;
c. The permanent address of each guest, if any;
d. The identification number from the identification document the guest
used to check in (e.g., the driver's license number) and the issuing
jurisdiction (e.g., state or country) for the identification document;
e. The dates of occupancy (including the day, month, year, and hour
of the guest's check-in and check-out times);
f. The room number or letter (or other identifying symbol if guest rooms
are not numbered or lettered);
h. The make, model, and license plate number of any vehicle that the
guest will park in the hotel/motel's parking area(s); and
i. A signature of the representative of the operator who examined the
identification document(s) presented and attestation that he, she,
or they examined the identification document(s) and confirmed that
the photograph is that of the guest.
2. Scanned Identification Documents. No hotel/motel operator shall allow
a guest to occupy a guest room for any period of time without first
scanning or otherwise making a digital copy of the guest's identification
document(s).
3. Credit or Debit Card. No hotel/motel operator shall allow a guest
to occupy a guest room for any period of time without first obtaining
a valid credit or debit card in the guest's name (as opposed to a
prepaid card) from the guest who is paying for the room and confirming
that the name on the card matches the name on the guest's identification
document(s). If the guest is not using the credit or debit card to
pay for the room (e.g., the guest is paying with cash), the hotel/motel
operator must confirm the validity of the credit or debit card with
the card issuer. Notwithstanding the foregoing, this requirement shall
not prevent hotels/motels from renting a guest room to a guest who
is paying for the room with voucher from a governmental agency or
a bona fide nonprofit entity.
4. Exception for Digital Check-Ins. With advance approval of a conditional use permit in accordance with Chapter
16.303, an operator of a hotel/motel may obtain a waiver of one or more requirements in paragraphs (1)(i), (2), and/or (3) of this Section
16.101.040(B) to allow the hotel/motel to offer a digital check-in option, such as an electronic check-in kiosk or a "digital key" that allows guests to check in to the motel and access their guest room key on their mobile device. In addition to the findings and requirements set forth in Chapter
16.303, the decision-making body shall not approve a conditional use permit for digital check-ins unless it makes all of the following findings:
a. The hotel/motel is in full compliance with this chapter.
b. The hotel/motel does not have a history of criminal or nuisance activities
on site that could be exacerbated by digital check-ins, such as prostitution
and/or human trafficking.
c. The use of digital check-ins at this location is unlikely to result
in criminal or nuisance activities or otherwise be detrimental to
the health, safety, or welfare of the community.
5. Bookings by a Responsible Agent. This Section
16.101.040(B) shall not prevent hotels/motels from allowing a responsible agent to reserve guest rooms on behalf of an organized group (e.g., sport teams, companies, associations, etc.), provided each of the group's guests who are staying in the hotel/motel's guest rooms comply with this section.
6. Retention of Guest Records. Every motel operator shall keep and preserve
the register and any and all other records required by this section
for a period of not less than four years. During the retention period
required by this subsection, no person shall alter, deface, or erase
the register and any and all other records required by this section
so as to make the information recorded therein illegible or unintelligible.
7. Inspection of Guest Records. The guest register must be made available to City Personnel in accordance with Section
16.101.040(L) below.
C. Transient Occupancy Tax. Transient occupancy tax (TOT) shall be paid for each occupied guest room in a hotel/motel pursuant to Municipal Code Chapter
3.28.
D. Parking
by Permit Only
1. Parking Permits Required. Except as otherwise provided in this section, it shall be unlawful for any person to stand or park any vehicle in a hotel/motel's parking area unless a parking permit issued by the motel is displayed on the vehicle. A hotel/motel shall not issue a parking permit to any person who is not a guest of the hotel/motel, or an employee of the hotel/motel, or a contractor of the hotel/motel when the contractor is on site for official business. For guest vehicles, a hotel/motel shall not issue a parking permit unless the guest has provided all of the information and documents required by Section
16.101.040(B) above.
2. Implementation of Permit Parking System. The Director is authorized
to establish rules and procedures to produce signs, forms and other
materials necessary or appropriate to implement the provisions of
this section.
3. Enforcement of Parking Permit Requirements. The hotel/motel shall
be responsible for monitoring its parking areas and enforcing the
requirements of this section. Failure to enforce the requirements
of this section is a violation of this chapter.
4. Exceptions
a. This requirements of this section shall not apply to any authorized
emergency vehicle, City vehicle, or vehicle owned by a public utility
when such vehicle is being used for official business, or to any vehicle
used for collection or delivery of United States mail.
b. This requirements of this section shall not apply to any hotel/motel
that provides secured parking for guests behind a fence, gate, or
similar structure in accordance with plans approved by the Director.
c. The requirements of this section may be modified or waived through approval of a conditional use permit in accordance with Chapter
16.303.
E. Video
Surveillance
1. Video Surveillance Requirement. Every operator of a hotel/motel shall
install and maintain in good working order closed-circuit television
(CCTV) recording cameras sufficient to maintain continuous visual
coverage of all entry points, common areas, and all parking areas.
2. CUP Exception for Parking Areas Only. The requirement to install and maintain CCTV recording cameras in parking areas may be modified or waived through approval of a conditional use permit in accordance with Chapter
16.303.
3. Surveillance Footage Retention and Inspection. The video footage from CCTV recording cameras must be maintained by the motel for a minimum of 90 days before it is erased or overwritten. Surveillance footage must be made available to City personnel in accordance with Section
16.101.040(L) below.
F. Security
of Guest Rooms
1. Guest Room Locks. Hotels/motels shall install and maintain an operable
deadbolt lock on each main swinging entry door of a guest room. The
deadbolt 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 people with disabilities. This section
shall not apply to horizontal sliding doors.
2. Viewports. Each exterior door to a guest room 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.
3. Connecting Doors. Each door connecting two guest rooms that share
a common wall shall be equipped with a functional deadbolt lock.
4. 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 12 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.
G. Cleanliness
1. Mattress Condition/Cleanliness. Mattresses shall be free of stains,
holes, rips, and/or odors in excess of normal wear and tear, and maintained
in a sanitary, non-defective condition (e.g., without broken springs,
indentations, sags, etc.).
2. Linen Condition/Cleanliness. Where provided by the operator, linens
shall be free of stains, holes, rips, and/or odors in excess of normal
wear and tear and shall be cleaned at change of occupancy or at least
once every three days during a guest's stay and if requested by the
guest.
3. Bathroom Condition/Cleanliness. Bathroom fixtures (e.g., toilet,
bathtub, sink, mirror) shall be maintained without significant cracks,
chips, and/or stains. Floors shall be washed and sanitized at change
of occupancy and/or before a new rental term begins. The operator
shall maintain daily cleaning schedules of all occupied rooms, including
daily trash service (required) and replacement of dirty towels at
least once every three days and if requested by the guest.
4. Carpet Condition/Cleanliness. Carpeting shall be free of stains,
holes, rips, and/or odors in excess of normal wear and tear, and maintained
in a sanitary, non-defective condition.
5. Floor Condition/Cleanliness. With the exception of carpeting as noted
above, floor surfaces shall be made of nonabsorbent material. All
surfaces and tile grouting shall be maintained without cracks, rips,
and/or missing elements.
6. Wall Condition/Cleanliness. Wall surfaces shall be maintained without
spots, stains, flakes, chips, holes, and the like and maintained in
a clean and sanitary condition.
7. Mold/Mildew. All surfaces, including fixtures and carpeting and flooring,
shall be free from mold, mildew, and/or bubbling conditions.
8. Water Leakage/Water Stains. All fixtures shall be maintained without
leaks or drips. Water damage shall be repaired within 30 days of detection.
A guest room with water damage shall not be rented until the water
damage is repaired.
9. Furniture Condition. All furniture items provided by the hotel/motel
shall be maintained in proper working order.
10. Condition of Shades/Draperies/Blinds. Shades, draperies, blinds,
and other window coverings shall be free of stains, holes, rips, and/or
odors in excess of normal wear and tear, and maintained in a sanitary,
non-defective condition.
11. Vector Control. The premises shall be kept clean in every part and
free from accumulation of garbage, rubbish, rodents, vermin, and other
unsanitary matter.
H. Room
Furnishings
1. Privacy. Privacy coverings such as shades, draperies, or blinds shall
be appropriately hung to cover all windows.
2. Room Light. An active, fully functional light switch shall be located
at the entry to the guest room.
3. Bathroom Fixtures. Private bathrooms shall have a functioning toilet
and sink, and a functioning shower and/or bathtub. This section should
not be construed to prevent a sink from being placed in a guest room
that does not have full bathroom facilities.
4. Shared Bathroom Facilities. Guests in facilities with shared bathrooms
shall have access to a functioning toilet and sink, and a functioning
shower and/or bathtub. Shared 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. Signs shall be posted indicating that "Children
under 12 years of age who use this shared bathroom must be accompanied
by a parent or guardian at all times."
5. Hot/Cold Water. Hot and cold running water shall be provided for
all plumbing facilities.
6. Telephone Rates. Telephone rates shall be posted in every room that
has a private phone and be adhered to by management.
7. Clothes Storage. Storage space shall be provided in good working
order for hanging clothes and/or storing personal belongings.
I. Exterior
of Property
1. Windows. Exterior window glass shall be without cracks, chips, and/or
holes. Aftermarket tint material applications on windows are prohibited.
2. Exterior screens, if present, shall fit the window opening completely
and shall be in good repair without rips, holes, or tears.
3. Exterior Lighting. Please reference Claremont Municipal Code Chapter
16.136, Parking, Loading, and Transportation Demand Measures.
4. Painting. Please reference Claremont Municipal Code Chapter
8.16, Public Nuisances.
5. Electrical. Please reference Claremont Municipal Code Chapter
15.08, Electrical Code.
6. Landscaping. All areas on the property designated for landscaping, such as lawns, planter beds, and other unsurfaced locations, shall be maintained with properly trimmed living plant materials in accordance with an approved landscaping plan and without collecting litter or debris. Please reference Claremont Municipal Code Chapter
8.22, Maintenance of Commercial Landscaping, and Chapter
16.131, Water Efficient Landscape Requirements.
7. Directional Signs. Directional signs shall be posted as appropriate
to ensure that emergency personnel can find guest rooms in a timely
manner. Please reference Claremont Municipal Code Title 18, Signs.
8. 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 maintained in a locked and screened enclosure. Please reference Claremont Municipal Code Chapter
8.08, Garbage and Solid Waste.
J. Common
Areas
1. Elevators. Guest service elevators shall be fully functional and
pass appropriate agency inspections. The name and telephone number
of the inspection agency shall be posted in all elevators. Elevators
shall be operational on a 24 hour-a-day basis.
2. Hallway Lighting. Any hallway or lobby area or other common public
space shall be maintained in a sanitary condition, free of garbage
or debris, and shall be illuminated with proper lighting that is in
compliance with the
California Building Code.
3. Upon request, the hotel/motel must make any common areas and/or parking
areas of the hotel/motel available to any member of the Claremont
Police Department or the City of Claremont Building and Safety Division
for the purpose of determining that the provisions of this chapter
are met. Refusal to allow such inspection immediately is a violation
of this chapter.
K. Lost
or Abandoned Property. Any property left in a guest room by a person
or party that has checked out shall be removed by the operator of
the hotel/motel and stored or otherwise disposed of in accordance
with applicable laws.
L. Inspections.
To ensure ongoing compliance with this chapter and any other federal,
state, or local laws and regulations, the City of Claremont's Building
and Safety Division, Planning Division (including Community Improvement),
Police Department, and/or City Attorney (collectively, "City Personnel")
may require periodic inspections of a hotel/motel's premises, records
(including any required guest register), and/or surveillance footage.
Nothing in this section shall prevent City Personnel and a hotel/motel
operator from working together to schedule an inspection at a mutually
agreeable date and time to minimize disruption to the hotel/motel's
business and operations.
1. Except as otherwise provided in this section, City Personnel shall
serve a written inspection notice on the operator by either first
class mail or personal service at least 30 calendar days prior to
the inspection date. If notice is served by first class mail, it is
deemed served three days after it is deposited in the mail. If notice
is hand delivered, it is deemed served immediately upon receipt.
2. The inspection notice shall contain the following information: (1)
the name, business address, and business telephone number of the City
Personnel who will be conducting the inspection; (2) the purpose of
the inspection; (3) the date and approximate time of the inspection;
and (4) notice of the right to seek pre-compliance administrative
review of the inspection notice.
3. The operator may object to the inspection notice by seeking pre-
compliance administrative review by the City Manager or his/her/their
designee. Pre-compliance administrative review shall be sought at
least 10 calendar days before the inspection date provided on the
inspection notice.
4. Notwithstanding the above, an inspection notice is not necessary
if:
a. The operator of the hotel/motel consents to the inspection of the
hotel/motel's premises, records, and/or surveillance footage and/or
the guest consents to the inspection of his, her, or their individual
guest room;
b. The inspection is being conducted pursuant to an administrative or
court-issued subpoena or warrant, such as an inspection warrant under
California
Code of Civil Procedure Sections 1822.50 through 1822.57;
c. The inspection is being conducted in response to exigent circumstances,
such as a reasonable belief that the area being inspected is so hazardous,
unsafe or dangerous as to require immediate inspection to safeguard
the public health or safety; and/or
d. The inspection is limited to parts of the hotel/motel's premises
that are open to the public for conditions that City Personnel can
observe in plain view, such as the hotel/motel's parking lot and lobby.
(23-01)
No long-term stay hotel may be established or operated except as specifically permitted by a conditional use permit approved pursuant to Chapter
16.303.
The following requirements shall apply to every long-term stay
hotel in the City:
A. A
long-term stay hotel shall be specifically designed and operated to
primarily accommodate long-term guests whose length of stays vary
from several days to a month or more.
B. The
hotel shall be of an architectural and visual quality and character,
which harmonizes and enhances the surrounding area.
C. Fireproof
safety deposit boxes must be available to all of the occupants.
D. All
guest rooms shall provide wireless computer connections.
E. The
hotel shall provide a business/conference center with private or semi-private
work spaces, wireless service, telephones, and access to a fax machine
and photocopier.
(23-01)
Notwithstanding Chapter
16.400, conditions that existed as of the effective date of Ordinance No. 2023-01 ("effective date") and that were legal and fully conforming to all state and local laws, codes, and regulations immediately prior to the effective date, but which do not conform to this chapter, must to be brought into compliance with this chapter by the following deadlines:
A. For
changes in hotel/motel operations: within 90 days of the effective
date; and
B. For
changes that require physical improvements to the property and/or
structures: within one year of the effective date.
A hotel/motel may file a written request for an extension of these amortization periods. The Director may grant a request for an extension if he/she/they find: (1) the extension will not pose a risk to the public health, safety, or welfare; and (2) the hotel/motel has exercised diligence in making progress towards bringing the nonconforming condition into compliance with this chapter. A hotel/motel may request more than one extension, but the maximum cumulative length of any single extension or combination of extensions is one year. The Director's decision on a request for an extension is appealable in accordance with Chapter 16.321.
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(23-01)