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Home My WebLink AboutORD NO 3829ORDINANCE NO. 3 8 g g AN ORDINANCE AMENDING CHAPTER 5.26 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO HOTELS AND LODGINGHOUSES. as follows: BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 5.26 of the Bakersfield Municipal Code is hereby amended to read Chapter 5.26 HOTELS AND LODGINGHOUSES Sections: 5.26.010 5.26.020 5.26.030 5.26.040 5.26.050 5.26.060 Definitions. Permit required. Application -- Issuance -- Fee. Regulations. Revocation. Appeal. 5.26.010 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. "Hotel" means any public or private hotel, inn, hostelry, bed and breakfast, house, motel, roominghouse or other lodging place within the city offering lodging, wherein the owner and operator thereof, for compensation, furnishes lodging to any transient as defined in subsection B. of this section. B. "Transient" means any person who, for any period of not more than thirty consecutive days, either at his or her own expense or at the expense of another, obtains lodging or the use of any lodging space in any hotel as defined in subsection A. of this section, for which lodging or use of lodging space a charge is made. C. "Person" means any individual, partnership, corporation or association of any nature whatsoever. -- Page 1 of 5 Pages -- ORIGINAL 5.26.020 Permit required. It is unlawful for any person to keep, maintain or operate a hotel in the city in violation of this chapter or without having a valid permit therefor in accordance with the provisions of this chapter. 5.26.030 Application -- Issuance -- Fee. A. Applications for permits under this section shall be made on forms to be furnished by the city manager or designee, shall be submitted no less than thirty days prior to commencement of business, shall be signed under penalty of perjury by the applicant and shall require the following information: 1. The name, mailing address, title, telephone number, previously used names, date of birth, sex, height, weight, eye color, hair color, driver's license number, social security number, and arrest record, if any, of the owner(s), if not a corporation, and of all persons who manage the business; 2. If the owner is a corporation, the name, mailing address, telephone number, date and year of incorporation of the owner; 3. The name, mailing address and location of the business; and 4. The business tax certificate number of the business. 5. Prior permits held and whether such permits were ever revoked or suspended, and the reasons therefor. B. The city manager or his designee shall, in his discretion, issue a permit if he finds: 1. That the application is complete and truthful; 2. That neither the applicant nor any manager of the business has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, unless a certificate of rehabilitation has been obtained. 3. That neither the applicant nor any manager of the business has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another. 4. The building and the business for which the application is made will be maintained and conducted in accordance with all laws of the city and the state, including, but not limited to health, structural soundness, fire safety and zoning. 5. That a valid business tax certificate has been issued for this business. 6. That no permit issued to the same business or the same owner pursuant to this section has been revoked in the past three years, unless the city manager or designee finds that the reasons for such revocation are unrelated to this application. C. All permits issued under this chapter shall remain in effect until suspended or revoked. D. The applicant shall pay a fee not to exceed the cost of processing any such application and inspecting such business as set forth in Chapter 3.70. -- Page 2 of 5 Pages -- ORIGINAL E. Permits may be issued with conditions to ensure that the business will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. 5.26.040 Regulations. A. All permittees under this chapter shall keep a book for the registration of all persons who occupy, rent, let or lease rooms in the permitted hotel. B. All persons who rent, let, or lease any room in the permitted hotel shall be required, and it shall be the responsibility of the permittee to so require, to sign their name and address, with the date of such signing and number of persons in their party, in the registration book kept for that purpose; provided, however, that whenever two or more persons rent, let or lease any such room, only one of the party need sign the register. C. The register shall be open at all times for inspection by any police officer, auditor or authorized city personnel. D. No hotel shall operate at any time unless there is displayed in a location clearly visible to the public a valid permit, issued pursuant to the provisions of this chapter, to so operate. E. Any permit issued pursuant to this chapter shall be non-transferrable, and shall be valid only as to the applicant and location provided on the application for such permit. No room may be rented more than once in any twenty-four hour period. G. No room may be knowingly rented to a person who intends to use the room for purposes of prostitution or sale of illegal drugs. H. The permitholder must comply at all times with Chapter 3.40 of this Code. 5.26.050 Revocation. Any permit issued pursuant to this chapter shall be immediately revoked by the city manager or his designee whenever he finds: A. That misrepresentations were made on the application; or B. That the owner or any manager has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which the permit is issued is made, unless a certificate of rehabilitation has been obtained; or C. That the owner or any manager has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; or D. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law. 5.26.060 Appeal. A. Should any applicant or permittee be dissatisfied with the decision of the city manager or designee not to grant a permit or revoking a permit, then said applicant or permittee may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the -- Page 3 of 5 Pages -- application, make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear said objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant or permittee shall be given written notice no less than three days prior to said hearing. The council may, upon said hearing, sustain, suspend or overrule the decision of the city manager or designee, which decision shall be final and conclusive. B. Pending the hearing before the council, the decision of the city manager or designee shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council's decision. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... -- Page 4 of 5 Pages -- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: MAR 2 $ 1998 AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and EX OFFICl~))bf the Council of the City of Bakersfield APPROVED: I~IAR 2 5 1998 BOB PRICF_~'MAYOR CITY OF BAKERSFIELD APPROVED AS TO FORM: JUDY K. SKOUSEN CITY ATTORNEY By: ASSISTANT CITY ATTORNEY LCM\bsb S:~C, OUNClL'~)RD~HOTEL,ORD -- Page 5 of 5 Pages -- AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 30th day of March ,1998 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3829 , passed by the Bakersfield City Council at a meeting held on the 25th day of March. 1998, and entitled: AN ORDINANCE AMENDING CHAPTER 5.26 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO HOTELS AND LODGINGHOUSES. Is/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk S:\DOCU M ENT\AOPOSTING March 27, 1998