This chapter shall be known as the "Hotel, Motel, and Residential Hotel/Motel Permit Ordinance."
(Ord. 1470 § 1, 2010)
A. 
The city council hereby finds that it is of the utmost importance to improve the conditions of the city's hotel and motel stock, which, in addition to serving the transient guests, often serves as temporary housing for the city's low-income residents. There is a tremendous concern to ensure that this housing stock meets all applicable housing and building standards that will provide its residents with safe and decent places to live. The city council also recognizes that some hotels and motels within the city limits may at times also serve as long-term housing for some residents, and, for this reason, the city council adopts a separate category of "residential hotel/motel" with additional regulations that will ensure that the buildings meet long-term housing requirements.
B. 
The purpose of this chapter is to require the issuance of a permit to operate to conduct, own, or operate hotel, motel, and residential hotel/motel establishments within the city; to require manager permits for the hotel, motel, and residential hotel/motel managers employed therein; to establish standards for the issuance of said permits; to establish rules and regulations under which such permits shall remain in force, be suspended or revoked; and providing penalties for violations thereof.
(Ord. 1470 § 1, 2010)
For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms, and phrases hereinafter set forth shall have the meanings given them in this section:
"Bathroom"
means a room with a minimum of thirty square feet containing a toilet, sink, and shower or tub.
"Bed"
means mattress and box springs, which shall be off of the floor.
"Common indoor space"
means a common gathering space within a residential hotel/motel establishment for use by the residents, which has no less than two hundred square feet, unless, under certain specified conditions, a variance is granted, and which has air conditioning and heating facilities capable of maintaining a minimum temperature of seventy degrees Fahrenheit three feet above the floor.
Excessive Calls for Service.
The "calls for service" included in a case by case analysis are those defined as calls for service generated by guests or as a result of actions by guests, their visitors, or the operator. The calls for service analyzed would not normally include calls such as emergency medical service calls, public information service requests, auto accidents, or police initiated contact not involving criminal activity.
"Furnishings"
means and includes a minimum of a bed, mirror, minimum lighting, and adequate place for clothes storage.
"Hotel"
means a facility (in one or more buildings on the same legal parcel) providing transient lodging accommodations at a daily rate and where access is provided through a common entrance, lobby or hallway and over fifty percent of the revenue derived from the rental of lodging accommodations in the previous calendar year was subject to the transient occupancy tax.
"Kitchen"
means that area used or designated to be used for the purposes of preparing food.
"Management plan"
means a plan that addresses the establishment's management, including staffing, equal access to housing, internal security, and other items that include, but are not limited to, the following components:
1. 
Rental rates;
2. 
Housekeeping schedules and cleaning provisions to ensure that the premises are in a clean, healthy, and presentable condition, free of litter, pests, and vermin at all times;
3. 
Grounds and landscape maintenance;
4. 
Acknowledgment of adherence to prompt collection and payment of transient occupancy taxes;
5. 
Schedules of linen changes if a hotel or motel;
6. 
Identification of the role of each staff member, especially in emergency situations, such as fires and police responses;
7. 
A staff training program;
8. 
Any condition that is imposed as a result of the permit application for an individual hotel, motel, or residential hotel/motel; and
9. 
Any additional requirement for a residential hotel/motel.
"Manager"
means any person who is the proprietor of any hotel, motel, or residential hotel/motel, whether in the capacity of owner, lessee, sub-lessee, mortgagee in possession, operator or agent of any of the foregoing. The person who, in connection with the activities of a hotel, motel, or residential hotel/motel, manages the business operations, including the collection of rental charges, issuing of keys, direction of maintenance personnel, assigning of rooms to guests, or handles guest affairs and oversees security. The term shall also include resident manager and assistant manager.
"Manager's quarters"
means any dwelling unit contained in any hotel, motel, or residential hotel/motel meant for year-round habitation by the manager, resident manager, or owner of the premises.
"Motel"
means a facility (in one or more buildings on the same legal parcel) providing transient lodging accommodations at a daily rate and where access is individually available from outside the building. The term shall also include "motor lodge" and "motor hotel." In addition, over fifty percent of the revenue derived from the rental of lodging accommodations in the previous calendar year was subject to the transient occupancy tax.
"Operator"
means those persons or person responsible for the daily operation and management of the premises and all functions related thereto.
"Owner"
means any person, firm, association, partnership, or corporation, which is the record owner of real property as listed on the last equalized assessment roll as maintained by the San Joaquin County assessor. It shall also mean any part owner, joint owner, or lessor of the whole or part of the land or buildings situated thereon.
"Person"
means any natural person, firm, partnership, corporation, receiver, trustee, estate trust, business trust, organization, or association.
"Pest control certification"
means an annual certification, issued within thirty days of submission of the application, from a fully licensed pest control company that the proposed premises are free of insect and/or pest infestation.
"Residential hotel/motel"
means a single building or group of detached or semidetached buildings providing transient accommodations at a daily rate and where fifty percent or more of the revenue derived from the rental of lodging accommodations in the previous calendar year was not subject to the transient occupancy tax.
"Room charges"
means and includes, but are not limited to, the amounts charged by the premises for providing such services as laundry, cleaning, appliance rental, linen services, phone, additional person cost or meal service.
(Ord. 1470 § 1, 2010)
No person shall operate a hotel, motel, or residential hotel/motel without first having obtained a written permit from the city. There shall be only one permit for each hotel, motel, or residential hotel/motel establishment. It is unlawful and a misdemeanor to operate a hotel, motel or residential hotel/motel without a valid permit to operate.
(Ord. 1470 § 1, 2010)
An application for a hotel, motel, or residential hotel/motel permit shall be filed with the city manager or designee, be in writing on forms provided by the city, and be accompanied by payment of an annual fee in an amount as established, from time to time, by resolution of the city council. Any such application shall be under oath, in duplicate, and shall contain such information pertinent to the applicant and the business as the city may require.
(Ord. 1470 § 1, 2010)
The permit to operate application shall also include as attachments to the application for a permit to operate, the following documents:
A. 
Written evidence that the applicant(s) is eighteen years of age or older;
B. 
Proposed management plan, including provision of twenty-four hour manager and/or designee;
C. 
Name of manager(s) of the establishment, along with proof of required city issued management certificate(s) for every manager;
D. 
Pest control certification issued within thirty days of application submission;
E. 
Existence of required common indoor space or request for variance; and
F. 
Receipt from San Joaquin County environmental health showing full compliance with its requirements for operation of the premises.
(Ord. 1470 § 1, 2010)
In addition to the information required for hotels and motels, the following information must also be included as an attachment to an application to operate a residential hotel/motel:
A. 
Proof of compliance with all applicable zoning requirements;
B. 
Proof of adequate parking for long-term residency;
C. 
Proof of adequate bathroom and kitchen facilities, required of individual dwelling units, equivalent to those features required of an efficiency dwelling unit as such is defined under the uniform codes; and
D. 
Signed statement that the residential hotel/motel shall not operate without an on-site manager or designee in charge of the premises at all times.
(Ord. 1470 § 1, 2010)
A. 
Beginning January 1, 2011, the city manager or designee shall conduct an investigation, and shall refer all applications for a permit to the police chief, fire chief, building official, and San Joaquin County environmental health for their investigation and recommendations.
B. 
1. 
The police chief shall investigate and ascertain the following:
a. 
Whether the applicant has, within three years immediately preceding the date of filing of the application, had any hotel, motel, or residential hotel/motel permit, which has been issued within the state of California, suspended or revoked; or
b. 
Whether the applicant has knowingly made a material misrepresentation in the application for the permit to operate; or
c. 
Whether the applicant has had a turnover in management personnel of more than two employees within the prior one hundred eighty days.
2. 
The police chief shall also review the records pertaining to the premises on which the hotel, motel, or residential hotel/motel is located, including a review of the number of calls for service involving crimes, disturbances, and public nuisance activities occurring on the premises, and take this information into consideration when issuing recommendations.
3. 
The police chief shall make a report of the findings to the city manager or designee, together with recommendations for conditions of approval of the permit to operate, if any.
C. 
The fire chief, building official, and city manager or designee, within the jurisdictions and duties of their particular departments, shall ascertain whether or not the premises to be used are suitable, proper, and adequate, and comply with all applicable laws, ordinances, and regulations. The fire chief, building official, and city manager or designee shall make a report of their findings, together with their recommendations for conditions of approval for the permit to operate, if any.
(Ord. 1470 § 1, 2010)
A. 
As part of the investigation conducted by the city manager or designee in conjunction with an application for a hotel, motel, or residential hotel/motel permit to operate, the premises shall be inspected to verify the existence of all of the following items:
1. 
Full compliance with all applicable housing code requirements, including electrical and plumbing requirements;
2. 
Full compliance with all applicable fire code requirements, including life safety measures, emergency exiting, and panic hardware requirements;
3. 
Required heating facilities for each individual dwelling unit;
4. 
Required bathroom facilities;
5. 
A bed in good and clean condition and maintained in such a condition as to not be a detriment to the health of guests, as determined by county environmental health;
6. 
Clothes Storage. Space shall be provided in good working order for hanging clothes and/or storing personal belongings;
7. 
Required common indoor space, and/or approved variance as defined above;
8. 
For hotel/motels, a schedule of linen changes that, at a minimum, provide for weekly changes and/or change of linen whenever a guest departs and before another guest arrives;
9. 
Immediate access for police, fire, and emergency personnel for those premises that have secured entries; and
10. 
Screens on all exterior windows.
B. 
There shall not be an infestation of insects, vermin, or rodents, as determined by the public health department.
C. 
In addition, the application for a permit to operate must also be accompanied by a management plan as defined above, which shall include items such as housekeeping schedules, facility maintenance, grounds and landscape maintenance, emergency provisions, and contacts.
(Ord. 1470 § 1, 2010)
In addition to the listing and posting of room rates, a list of all other room charges shall be made available to residents and the public and shall be posted in a conspicuous location on the premises.
(Ord. 1470 § 1, 2010)
A. 
Upon the filing of an application for a permit to operate, investigations by the requisite departments shall commence. Said investigation shall include an inspection of the premises by designated city staff for the purposes of determining whether the premises meet all applicable codes, including the uniform code requirements, such as the housing and building codes, and all applicable requirements of the Manteca Municipal Code, including the zoning and health and safety codes. No permit to operate shall issue until all of the required codes are met. A fee, as from time to time may be set by resolution of the city council, will be required for each inspection.
B. 
In addition to the initial inspection, quarterly inspections shall be conducted of the premises as a condition of retention of the permit to operate. In the event that the initial inspection reveals full compliance with all applicable provisions of the Manteca Municipal Code and adopted uniform codes, as well as full endorsement without conditions by the fire, police, city of Manteca building official, and public health departments, no quarterly inspections will be required as a condition for retention of the permit to operate for the remainder of the year, or, for the next three quarters, absent the existence of a subsequent violation.
(Ord. 1470 § 1, 2010)
Nothing herein shall constitute a waiver of the requirements of Title 5 of the Manteca Municipal Code requiring issuance and possession of valid business license.
(Ord. 1470 § 1, 2010)
Within forty-five days after the filing of an application for a permit to operate, the city manager or designee shall review the application, together with reports and recommendations of the police chief, fire chief, city of Manteca building official, and county environmental health, and shall grant said permit to operate or notify the applicant of the intent to deny the permit to operate, together with the grounds for denial as set forth in Section 5.60.140, or grant a conditional permit to operate, as set forth in Section 5.60.150. Said notice shall be in writing and sent by mail to the applicant's mailing address set forth in the application.
(Ord. 1470 § 1, 2010)
The following grounds may constitute grounds for denial of a permit to operate:
A. 
The establishment as proposed by the applicant does not comply with all applicable laws including, but not limited to, the applicable building, zoning, housing, fire, safety, and health regulations;
B. 
Any of the following exist:
1. 
The applicant is or has been a registered sex offender, or
2. 
Five years has not expired from either the date the applicant was convicted of, or completed parole or probation for any offense which relates directly to the operation of a hotel, motel, or residential hotel/motel establishment, whether as an owner, operator, or manager, or from any offense constituting a misdemeanor or felony involving weapons, narcotics, assault, or crimes of moral turpitude;
C. 
The applicant has, within three years immediately preceding the date of filing of the application, had a hotel, motel, or residential hotel/motel permit to operate, or manager's permit, or related permit, which was issued within the state, suspended or revoked;
D. 
The applicant has knowingly made a material misstatement in the application for a permit to operate;
E. 
There have been excessive calls for service to the police department within the twelve months preceding the application with inadequate response by management or the owners or operators, involving the commission of crimes, disturbances, public nuisances, or applicable Manteca Municipal Code violation investigations, which are located, committed, or generated on the premises of the establishment;
F. 
There have been an excessive number of false fire alarms at the property with inadequate response by management or the owners or operators;
G. 
Failure to get clearance from San Joaquin County environmental health.
(Ord. 1470 § 1, 2010)
As an alternative to a denial of a permit to operate for failure to meet the requisite housing, building, health, and fire codes, or failing to pass an investigation conducted by the police, fire, city of Manteca building official, or San Joaquin County environmental health, the city manager or designee may issue a conditional permit to operate. Said conditional permit to operate shall be issued with conditions imposed on the operation of the premises. All conditions shall be complied with in order to maintain the conditional permit to operate in a valid status. Failure to comply with the imposed conditions will subject the conditional permit to operate to a suspension and/or revocation procedures or any other remedy authorized by law. A conditional permit shall mandate four quarterly inspections, the cost of which is to be borne by the permittee.
(Ord. 1470 § 1, 2010)
Any person operating a hotel, motel, or residential hotel/motel establishment shall, during business hours, be responsible for and provide that any premises used for the purposes of a hotel, motel, or residential hotel/motel establishment shall be readily accessible and open for inspection by law enforcement officers or other employees of the city and San Joaquin County environmental health, who are charged with enforcement of health and safety or penal laws of the city of Manteca or state of California.
(Ord. 1470 § 1, 2010)
No person shall operate a hotel, motel, or residential hotel/motel establishment under any name or conduct business under any designation not specified in the permit to operate. Any proposed changes shall be submitted in writing to the city manager or designee at least two weeks prior to the date the change is to take place.
(Ord. 1470 § 1, 2010)
Upon a request to change the location of a hotel, motel, or residential hotel/motel establishment, an application to the city manager or designee shall be made, and such application shall be granted, provided all applicable provisions of this code have been complied with and the change of location fee, in an amount established by resolution of the city council, has been paid to the city.
(Ord. 1470 § 1, 2010)
The sale or transfer of any majority interest in any hotel, motel, or residential hotel/motel establishment shall be reported to the city manager or designee at least two weeks prior to such sale or transfer. A new application, pursuant to Section 5.60.050, shall be filed and an investigation conducted pursuant to Section 5.60.080 as to the person obtaining such interest. If such person satisfies the requirements related to permit to operate applicants, the existing permit to operate shall be endorsed to include such person. A fee in the amount established by resolution of the city council shall be paid to the city for the investigation necessitated by such sale or transfer.
(Ord. 1470 § 1, 2010)
The operator shall display the permit to operate, together with the permit of each hotel, motel, and residential hotel/motel manager employed in the establishment, in an open and conspicuous place on the premises. Passport-size photographs of the operator and permittee shall be affixed to the respective permit to operate and permits on display pursuant to this section. Residence addresses of operators or permittee need not be displayed.
(Ord. 1470 § 1, 2010)
The owner and/or operator of a hotel, motel, or residential hotel/motel establishment shall maintain a current file of all persons employed therein. This file shall contain true names and aliases used by such employees; the age; birth date; height; weight; color of hair and eyes; home address; phone numbers; Social Security number; the date of employment and termination; the name and addresses of the recognized school of hotel/hotel management attended, the date attended, and the written proof that the hotel, motel, or residential hotel/motel manager has completed a residence course of study in motel/hotel management.
(Ord. 1470 § 1, 2010)
All operators of existing hotel/motel, and all persons engaged in the operation of a hotel, motel, or residential hotel/motel establishment, including managers, in the city, upon the effective date of the ordinance codified in this chapter, shall file an application and comply with all requirements of this chapter within one hundred eighty days of the effective date of the ordinance codified in this chapter.
(Ord. 1470 § 1, 2010)
A. 
Any permit to operate issued hereunder may be summarily and temporarily suspended by the city manager or designee in the event it is determined that the holder of such permit has committed any act, which would constitute grounds for denial of a permit to operate pursuant to Section 5.60.140. Any such suspension shall be accomplished by written notification of the suspension and the reasons therefor, sent by certified mail, return receipt requested, to the operator's business address as approved in the permit to operate.
B. 
Within twenty-four hours thereafter, a copy of such notice, together with the reasons for the suspension, shall be transmitted to the administrative hearing officer for setting of a hearing, in accordance with the procedures outlined in Title 1 of the Manteca Municipal Code. All hearings shall be held within fifteen business days of the date of mailing of the written notification, unless continued by the mutual consent of the parties.
C. 
The findings and decisions of the administrative hearing officer, upon an appeal, shall be final and conclusive, but nothing in this code shall be construed to deprive any person of recourse to the courts as such person may be entitled to under the law.
(Ord. 1470 § 1, 2010)
As distinguished from the provisions of Section 5.60.230, the city manager or designee may initiate suspension or revocation procedures by sending written notice setting forth the grounds for such suspension or revocation. Said notice shall be sent by certified mail, return receipt requested, to the operator's business address as approved in the permit to operate.
(Ord. 1470 § 1, 2010)
Any permit to operate may be suspended and/or revoked by the city manager or designee after a review, where it is determined that:
A. 
The operator has violated the provisions of this chapter; or
B. 
The operator has committed any act or engaged in action, which would constitute grounds for denial of the permit to operate pursuant to Section 5.60.140; or
C. 
The operator has engaged in fraud, misrepresentation, or false statements in conducting the hotel, motel, and residential hotel/motel establishment; or
D. 
The operator has failed to correct a violation within the time period ordered by the city; or
E. 
The operator has operated or continued to operate the hotel, motel, or residential hotel/motel establishment without a permit to operate or after a permit to operate has been suspended; or
F. 
The operator has allowed a person to work as a hotel, motel, and residential hotel/motel manager who:
1. 
Does not have a proper, valid permit in his or her possession, or
2. 
Has committed any offense described in Section 5.60.140 where the operator has actual or constructive knowledge of such act.
(Ord. 1470 § 1, 2010)
A. 
The notice of denial, suspension, or revocation of a permit to operate may be appealed by filing the proper appeal in accordance with Title 1 of the Manteca Municipal Code. An appeal must be made in writing, on the proper form, to the City of Manteca, Code Enforcement Department, 1001 W. Center Street, Manteca CA, 95337. There is a nonrefundable administrative hearing fee as established by resolution of the council, which must accompany the appeal form.
B. 
The hearing before the administrative hearing officer shall be held within fifteen business days following the filing of an appeal. The applicant shall be given notice of said hearing at least ten business days prior to the hearing date. Said notice may be by personal service or by certified mail, return receipt requested.
C. 
At the time and place fixed in said notice, or at any time to which the matter may be continued by the mutual consent of the parties, the administrative hearing officer shall hear the applicant and all witnesses, together with any proper documentary evidence offered in support of or against the granting or continuation of a permit to operate. The administrative hearing officer shall, at the conclusion of the hearing, make findings of fact based upon the evidence submitted and determine whether grounds exist for denial of a permit to operate, as set forth in Section 5.60.140, or for the suspension and/or revocation of the permit to operate, as set forth in Section 5.60.250. If, from the evidence, the administrative hearing officer finds grounds exist for the denial, suspension, or revocation of the permit to operate, the hearing officer shall deny the permit to operate or order the suspension and/or revocation thereof. If, following the hearing, the administrative hearing officer determines that no proper grounds exist for the denial, suspension, or revocation of the permit to operate, then the administrative hearing officer shall grant the appeal and cause a permit to operate to be issued or terminate any prior suspension or revocation.
(Ord. 1470 § 1, 2010)
Action taken by the administrative hearing officer with respect to the granting, denial, suspension, or revocation of a permit to operate a hotel, motel, and/or a residential hotel/motel establishment shall be final and conclusive, but nothing in this code shall be construed to deprive any person of recourse to the courts as such person may be entitled to under the law.
(Ord. 1470 § 1, 2010)
If revocation or suspension shall occur, the permit to operate shall be returned to the city manager or designee for cancellation or holding pending the period of suspension. The city manager may direct or cause the premises to be closed and locked against use by the public when deemed reasonably necessary by the city manager in order to ensure compliance with an order of suspension or revocation. Said closure of premises to the public shall not exceed ninety days and may be terminated prior to the expiration of such period upon request of the owner of the premises accompanied by a statement under oath that the premises will not be used as a hotel, motel, and residential hotel/motel establishment during the remainder of the suspension period. In the event the premises are occupied, relocation benefits may be due and payable as determined by the city manager or designee, pursuant to applicable provisions contained in this code.
(Ord. 1470 § 1, 2010)
It is unlawful for any person to act as a hotel, motel, or residential hotel/motel manager, as defined herein, or night clerk without first having acquired a valid permit from the city manager or designee and complying with all of the regulations contained in this chapter.
(Ord. 1470 § 1, 2010)
Any person to be eligible for a hotel, motel, or residential hotel/motel manager's permit must have completed, within sixty days of the application for said permit, a review of an instructive video tape; and, within one hundred eighty days, a residence course of study in hotel/motel management. The residence course of study shall include eight hours of training, consisting of (1) a total of six hours of training to be provided by the city of Manteca fire, police, and code enforcement departments; the San Joaquin County environmental health department; and (2) an additional two hours of hotel/motel management training to be provided by the Manteca Hotel/Motel Association or other recognized group. A certificate of successful completion of this course (or written proof that the applicant has begun a course of study within one hundred eighty days of the date of the applicant's first request for a permit) is to be included with the initial and/or annual application as required by Section 5.60.310(B).
(Ord. 1470 § 1, 2010)
A. 
An application for a manager's permit shall be filed with the city manager or designee and shall be in writing on forms provided by the city and shall be accompanied by payment of a fee in an amount as established, from time to time, by resolution of the city council. Any such application shall be under oath, in duplicate, and shall contain such information pertinent to the applicant as the city may require.
B. 
The following items shall accompany the application for a hotel, motel, and/or residential hotel/motel manager's permit:
1. 
Two prints of a recent passport-size photograph of the applicant;
2. 
Written evidence that the applicant is at least eighteen years of age;
3. 
Written proof that the applicant has completed/or begun the residence course of study in hotel, motel, or residential hotel/motel management as required by Section 5.60.300.
(Ord. 1470 § 1, 2010)
A. 
In addition to the investigation undertaken by the city manager or designee, all applications for work permits for hotel, motel, and residential hotel/motel managers shall also be referred to the chief of police for investigation and recommendation. The chief of police shall investigate and ascertain:
1. 
Whether the applicant has, within three years immediately preceding the date of filing of the application, had any hotel, motel, or residential hotel/motel establishment operator's or manager's permit suspended or revoked;
2. 
Whether the applicant has knowingly made a material misstatement in the application for a permit.
B. 
The police chief shall make a report of the findings to the city manager or designee, together with any recommendations.
(Ord. 1470 § 1, 2010)
Within twenty days after the filing of an application for a permit, the city manager or designee shall review the application, together with the report and recommendation of the chief of police and shall grant said permit or shall notify the applicant of the denial of the permit and the grounds for such denial. Said notice shall be in writing and sent by certified mail to the applicant's mailing address as set forth in the application.
(Ord. 1470 § 1, 2010)
The following may constitute grounds for denial of a manager's permit:
A. 
If either of the following exist:
1. 
The applicant is or has been a registered sex offender, or
2. 
Five years has not expired from either the date the applicant was convicted of, or completed parole or probation for any offense which relates directly to the operation of a hotel, motel, or residential hotel/motel establishment, whether as an owner, operator, or manager, or from any offense constituting a misdemeanor or felony involving weapons, narcotics, assault, or crimes of moral turpitude;
B. 
The applicant has, within three years immediately preceding the date of filing of the application, had any similar manager's permit, which was issued within the state of California suspended or revoked;
C. 
The applicant has knowingly made a material misstatement on the application for a permit;
D. 
The applicant has permitted or allowed violations of applicable Municipal Code violations on the premises of other hotels, motels, or residential hotel/motel establishments where the applicant served as manager and has failed to respond, address, and/or correct the violations within a reasonable time when notified by the city.
(Ord. 1470 § 1, 2010)
Any manager's permit issued hereunder may be summarily and temporarily suspended by the chief of police or the city manager or designee in the event that it is determined that the holder of said permit has committed an act or engaged in action, which would constitute grounds for denial of a permit pursuant to Section 5.60.340.
(Ord. 1470 § 1, 2010)
A. 
Summary suspensions shall be accomplished by written notice of the suspension and the reasons therefor sent by certified mail, return receipt requested, to the permittee's residence address as set forth in the application for manager's permit.
B. 
Within twenty-four hours thereafter, a copy of such notice, together with the reasons for the suspension, shall be transmitted to the administrative hearing officer for setting of a hearing, in accordance with the procedures outlined in Title 1 of the Manteca Municipal Code. All hearings shall be held within fifteen business days of the date of mailing of the written notification.
C. 
The findings and decisions of the administrative hearing officer, upon an appeal, shall be final and conclusive, but nothing in this code shall be construed to deprive any person of recourse to the courts as such person may be entitled to under the law.
(Ord. 1470 § 1, 2010)
As distinguished from the provisions of Sections 5.60.350 and 5.60.360, the city manager or designee may initiate suspension or revocation procedures by sending written notice setting forth the grounds for such suspension or revocation. Said notice shall be sent by certified mail, return receipt requested, to the permittee's residence address, as set forth in the application for manager's permit.
(Ord. 1470 § 1, 2010)
Any manager's permit may be suspended and/or revoked by the city manager or designee after a review where it is determined that:
A. 
The permittee has violated any provisions of this chapter; or
B. 
The permittee has committed an act or engaged in action that would constitute grounds for denial of the permit, pursuant to Section 5.60.340; or
C. 
The permittee has continued to function as a hotel, motel, or residential hotel/motel manager after the permit has been suspended; or
D. 
The permittee has failed to complete the course of study as set forth in Section 5.60.300 of this chapter.
(Ord. 1470 § 1, 2010)
Upon revocation or suspension, the manager's permit shall be returned to the city manager or designee for cancellation or holding during the period of suspension.
(Ord. 1470 § 1, 2010)
A. 
The notice of denial, suspension, or revocation of a manager's permit may be appealed by filing the proper appeal in accordance with Title 1 of the Manteca Municipal Code. An appeal must be made in writing, on the proper form, to the City of Manteca, Neighborhood Services Division, 1001 W. Center Street, Manteca, 95337. There is a nonrefundable administrative hearing fee as established by resolution of the city council, which must accompany the appeal form.
B. 
The hearing before the administrative hearing officer shall be held within fifteen business days following the filing of an appeal. The applicant shall be given notice of said hearing at least ten business days prior to the hearing date. Said notice may be by personal service or by certified mail, return receipt requested.
C. 
At the time and place fixed in said notice, or at any time to which the matter may be continued by the mutual consent of the parties, the administrative hearing officer shall hear the applicant and all witnesses, together with any proper documentary evidence offered in support of or against the granting or continuation of a manager's permit. The administrative hearing officer shall, at the conclusion of the hearing, make findings of fact based upon the evidence submitted and determine whether grounds exist for denial of a manager's permit, as set forth in Section 5.60.340, or for the suspension and/or revocation of the manager's permit, as set forth in Section 5.60.380. If, from the evidence, the administrative hearing officer finds grounds exist for the denial, suspension, or revocation of the manager's permit, the administrative hearing officer shall deny the manager's permit or order the suspension and/or revocation thereof. If, following the hearing, the administrative hearing officer determines that no proper grounds exist for the denial, suspension, or revocation of the manager's permit, then the administrative hearing officer shall grant the appeal and cause a manager's permit to be issued or terminate any prior suspension.
(Ord. 1470 § 1, 2010)
Action taken by the administrative hearing officer with respect to the granting, denial, suspension, or revocation of work permits of hotel, motel, and residential hotel/motel managers shall be final and conclusive, but nothing in this code shall be construed to deprive any person of recourse to the courts as such person may be entitled to under the law.
(Ord. 1470 § 1, 2010)
Any person who holds a valid manager's permit may obtain a new permit for the succeeding year by applying for said new permit during the thirty days preceding the expiration date of the current permit.
(Ord. 1470 § 1, 2010)
A. 
In the event of a violation of any of the provisions set forth herein, or upon evidence that there has been a failure to comply with any required conditions of any permit pursuant to these provisions, in addition to any other remedies available by law, a hearing shall be scheduled before the administrative hearing officer, in accordance with Title 1 of the Manteca Municipal Code. Notification of the hearing shall be in accordance with the provisions contained in Title 1 of the Manteca Municipal Code.
B. 
The purpose of this hearing is to receive testimony and evidence on whether violations of any of the conditions of the permit, pursuant to these provisions, have occurred. After the taking of evidence, the administrative hearing officer may modify conditions of the permit as part of the decision, based upon the evidence presented; or alternatively, may suspend or revoke the permit, pursuant to these provisions.
(Ord. 1470 § 1, 2010)
A. 
In the absence of an imminent health and safety hazard for which immediate corrective action shall be taken, a violation notice shall be sent to the operator and manager detailing the corrective action required and the time frame within which the corrective action shall be taken.
B. 
In addition to any other remedy available by law, any person who violates, or causes or permits another person to violate any of these provisions, including any condition of a permit, is guilty of a misdemeanor. Any violator shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of these regulations is committed, continued, permitted, maintained, or caused.
C. 
Every day any portion of the premises are not in compliance with the requirement of this code, shall be considered a separate violation for the purposes of the preceding penalty schedule.
(Ord. 1470 § 1, 2010)
Any administrative citation issued pursuant to these provisions is appealable under the same procedures set forth in Manteca Municipal Code Section 1.10.440.
(Ord. 1470 § 1, 2010)
All permits issued pursuant to this chapter shall expire one year from the date of issuance and must be renewed annually, and are not transferable. Applications for renewal shall be filed thirty days from the expiration of the current permit in the same manner as applications for initial permits and subject to the same procedures, rules, and regulations provided for in this chapter. For initial permits beginning January 1, 2011, applications shall be filed prior to December 1, 2010. Each hotel, motel, or residential hotel/motel establishment shall be issued a temporary permit until an inspection is made of that premises.
(Ord. 1470 § 1, 2010)
The permit required by the provisions of this chapter shall be in addition to any other licenses or permits that may be required by other provisions of the Manteca Municipal Code or rules, laws or regulations of the state or federal government.
(Ord. 1470 § 1, 2010)