HomeMy WebLinkAbout04 - Relating to Hotel Guest Registry InspectionsCTY OF
F
NEWPORT BEACH
City Council Staff Report
July 28, 2015
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Aaron Harp, City Attorney — (949) 644 -3131, aharp @newportbeachca.gov
PREPARED BY: Aaron C. Harp, City Attorney
PHONE: (949) 644 -3131
TITLE: Adoption of Ordinance No. 2015 -22 Relating to Hotel Guest Registry Inspections
ABSTRACT:
On July 14, 2015, the City Council conducted first reading of Ordinance No. 2015 -22 relating to hotel guest
registry inspections. The City Council passed Ordinance No. 2015 -22 to second reading at the July 14,
2015 meeting.
RECOMMENDATION:
Conduct second reading and adopt Ordinance No. 2015 -22, An Ordinance of the City Council of the City of
Newport Beach, California, Amending Section 5.36.020 of the Newport Beach Municipal Code Regarding
Inspections of Hotel Guest Registries.
FUNDING REQUIREMENTS:
Not applicable.
DISCUSSION:
On July 14, 2015, the City Council introduced and passe d
adopted the Ordinance will require hotel operators to allow
registration cards and will take affect in 30 days.
ENVIRONMENTAL REVIEW:
to second reading Ordinance No. 2015 -22. If
police officers to inspect their guest registries or
City staff recommends the City Council find the approval of the attached ordinance is not subject to the
California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result
in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly. Alternatively, City staff recommends the City Council find the approval of
the attached ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no
potential for causing a significant effect on the environment.
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NOTICING:
This agenda item has been noticed according to the Brown Act (at least 72 hours in advance of the
meeting at which the City Council considers the item).
ATTACHMENTS:
Description
Attachment A - Ordinance No. 2015 -22
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ATTACHMENT A
ORDINANCE NO. 2015 -
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH,
CALIFORNIA AMENDING SECTION 5.36.020
OF THE NEWPORT BEACH MUNICIPAL
CODE REGARDING INSPECTIONS OF
HOTEL GUEST REGISTRIES
WHEREAS, Chapter 5.36 of the Newport Beach Municipal Code ( "NBMC ")
regulates every person conducting any rooming house, lodging house, hotel, inn, motel,
auto court, or any other similar place in the City of Newport Beach ( "City ") and requires
such person to maintain a guest register or guest registration cards;
WHEREAS, Section 5.36.020 of the NBMC currently requires that such register
or registration cards be open to the inspection of any police officer of the City;
WHEREAS, the United States Supreme Court's recent decision in City of Los
Angeles v. Patel et al. held that a hotel owner must be afforded an opportunity to obtain
pre - compliance review before a neutral decision -maker prior to being required to give its
guest registry to the police for inspection; and
WHEREAS, the City desires to amend Section 5.36.020 of the NBMC to comply
with the Fourth Amendment of the United States Constitution in accordance with the
United States Supreme Court's ruling in City of Los Angeles v. Patel et al.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Section 5.36.020 of the Newport Beach Municipal Code is hereby
amended to read as follows:
5.36.020 Entry of Departure Time — Inspection.
When the occupant or occupants of such room so rented shall quit and surrender the
same, it shall be the duty of the proprietor or an agent thereof to enter the departure
time as nearly as can be determined in such register or on such registration card
opposite the name of such occupant or occupants. Erasures or alterations shall not be
made for any purpose. Such register or all such registration cards shall be kept in the
office of the person renting such rooms.
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Any police officer of the City of Newport Beach may inspect the register or registration
cards as long as such inspection complies with federal and state law.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance, and each
section, subsection, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared
unconstitutional.
Section 4: The City Council finds the approval of this ordinance is not subject to
the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly. Alternatively, the City Council finds the approval of this ordinance is not a
project under CEQA Regulation Section 15061(b)(3) because it has no potential for
causing a significant effect on the environment.
Section 5: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be
published pursuant to Charter Section 414.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach, held on the _ day of 2015, and adopted on the
day of , 2015, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
N
Imo!
EDWARD D. SELICH, MAYOR
APPROVED AS TO FORM:
THE CITY ATTORNEY'S OFFICE
AA F" C. HARP, CITY A NEY
ATTEST:
LEILANI I. BROWN, CITY CLERK
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