City of Hampton, Virginia
Ordinance - Coded
22 Lincoln Street
Hampton, VA 23669
Enactment Number: 13-0016
Ordinance To Amend And Reenact
Chapter 16.1 Of The Code Of The City Of Hampton Entitled "Hotels And
IT ORDAINED by the City Council of Hampton, Virginia, that the Code of the City
of Hampton, Virginia, be amended and re-enacted to read as follows:
Chapter 16.1 HOTELS AND
words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a
unit means living and sleeping quarters for a person or persons.
an individual less than eighteen (18) years of age.
any individual, firm, owner, sole proprietorship, partnership, corporation, and
unincorporated association governmental body, municipal corporation, executor,
administrator, trustee, guardian, agent, occupant or other legal entity.
Hotel and motel means a facility offering transient lodging accommodations to the
general public for compensation and having ten (10) or more sleeping rooms,
that may also have additional accessory services, such as meeting rooms,
restaurants and recreational activities.
Transient guest is one who stays for less than thirty (30) days at a hotel or motel.
Law enforcement personnel means any law enforcement officer, fire marshal or
any of his assistants and fire inspector.
the name and home address of each guest or person renting or occupying a room,
including adults and minors, kept electronically or in a book/register
inscribed with ink or indelible pencil.
Extended stay establishment means a structure providing transient rooms, with
individual kitchen facilities, for guests that also include a lobby, clerks
desk or counter for guest registers and records and may include meeting or
Sec. 16.1-2. - Penalties.
Any person violating any provision of this chapter
shall be guilty of a Class 1 misdemeanor. Each day a violation continues
constitutes a separate offense. In addition to any penalties imposed for each
violation, a judge hearing the case shall order the person responsible for the
violation to correct the violation, and each days default in such correction
shall constitute a violation of and a separate offense under this chapter.
Sec. 16.1-3. - Enforcement.
Any law enforcement officer, fire marshal or any of
his assistants and fire inspector, shall have authority to enforce all
provisions of this chapter.
Sec. 16.1-4. - Access to premises and records.
Any law enforcement personnel shall have access at
all reasonable times to all hotels and motels, except the private room of a
guest, unless so authorized by other laws or ordinances, for the purpose of
investigating any complaint or enforcing any law, ordinance or regulation.
Sec. 16.1-5. - Numbering of rooms or units.
Each unit in any hotel or motel shall be numbered in
a plain, conspicuous manner. Such numbers shall be at least three (3) inches
high and shall be placed at eye level on the outside of the outer door of each
lodging unit, and no two (2) lodging units shall bear the same number.
Sec. 16.1-6. - Guest register generally.
(a) Every person operating any
hotel or motel in the city shall at all times keep and maintain therein a
record, either electronic or in a book/register inscribed with ink or indelible
pencil, the name and valid address of each adult guest or person renting or
occupying a room, except in cases where a third-party registered travel agent
or legal entity is responsible for making travel arrangements for individuals
or parties. The name of all minors shall be recorded and kept if such persons
are not accompanied by an adult. Such book or register shall be signed by the
person renting a room, or someone of his authority, and the proprietor of such
hotel or motel, or his agent, shall thereupon electronically enter or write,
with ink or indelible pencil, opposite such name so registered, the number of
the room assigned to and occupied by such guest, together with the time when
such room is rented. Until all of the aforesaid entries have been made
electronically or in such book or register, no guest shall be permitted to
occupy privately any room in such hotel or motel.
(b) When the occupant of a room so
rented shall quit and surrender the same, it shall be the duty of the
proprietor of such hotel or motel, or his agent, to enter the time thereof
electronically or in such book or register opposite the name of such occupant.
Sec. 16.1-7. - False registration by guests.
It shall be unlawful for any person to write, or
cause to be written, or knowingly permit to be written, in any electronic
record, book or register in any hotel or motel in the city, any other or
different name or designation than the true name of the person registered
therein. Photo identification or other acceptable form of identification may be
required to be produced at registration.
Sec. 16.1-8. - Prolonged registration or occupancy of rooms by minors.
It shall be the duty of every person in charge or
operating or owning a hotel or motel within the city to keep a list, either in
the register or separately, of the names and ages of all minors, together with
the names and addresses of their parents or guardians, who shall register or
rent or occupy any room or series of rooms therein for more than fifteen (15)
consecutive days. If such list is kept separately from the register, it shall
be subject to inspection at all reasonable times pursuant to subsection 16.1-4
of this chapter. This section shall not apply to active duty military members
who are in the area on valid work order.
Sec. 16.1-9. - Giving false information to obtain lodging.
It shall be unlawful for any person to obtain lodging
for any person under the age of eighteen (18) years in any hotel or motel by
giving to the proprietor, owner, manager, agent, person in charge or keeper
thereof false information as to such persons age, or false information as to
the relationship to such person of any alleged parent or guardian, or any
person under the age of eighteen (18) years who shall obtain lodging in any
giving any such false information.
Sec. 16.1-10. - Renting or occupying room for illegal or unlawful
It shall be unlawful for any person to rent or occupy
any room in any hotel or motel in this city for illegal or unlawful purposes,
or for the proprietor, manager or other person in charge of any such hotel or
motel to rent, assign to or permit any person to occupy any such room, with
knowledge that they intend to use it for illegal or unlawful purposes.
Sec. 16.1-11. - Letting same room more than once in one night.
It shall be unlawful for any person to let any room
in any hotel or motel in the city more than once between the hours of 9:00 p.m.
and 6:00 a.m. of the next day, except in the case of a pre-scheduled and
documented business contract.
Sec. 16.1-12. - Length of stay in hotel or motel.
(a) It shall be unlawful for any
person to put up or stay at any hotel or motel for longer than thirty (30) days
in a sixty (60) day period. It shall also be unlawful for the owner, operator,
manager, or person in charge of a hotel or motel to permit or allow a person to
stay at a hotel or motel in excess of thirty (30) days in a sixty (60) day
period. This section shall not apply to extended stay establishments, as
defined in this ordinance.
(b) Notwithstanding subsection (a)
of this section, a stay in excess of thirty (30) days in a sixty (60) day
period may occur in the following situations:
(1) Where there is a written
contract or document between a hotel or motel and a business, corporation,
firm, individual or governmental agency to house employees or individuals on
valid work orders;
(2) Where the zoning administrator
authorizes in writing, after consultation with the human services director, a
stay for an additional period of up to thirty (30) days to prevent residents
from becoming homeless. In the event that the department of human services is
unable to identify appropriate alternative housing within thirty (30) days,
this thirty (30) day period may be extended in writing by the zoning
administrator upon good cause documented.
(3) The written contract, document,
and authorization noted above shall be kept on file and must be available for
Sec. 16.1-13. - Receipt for payment received.
A receipt showing payment received shall be provided.
Sec. 16.1-14. - Permit required.
It shall be unlawful for any person to maintain,
conduct or operate any hotel or motel in the city, unless he has a valid permit
to do so issued pursuant to this chapter. The permit shall be posted in a
public place in a conspicuous location for public viewing. Proof of an
applicable permit shall be the burden of the permittee.
Sec. 16.1-15. - Application.
Any person desiring a permit required by this chapter
shall make application therefore to the city manager or his designee on a form
to be prescribed by him, which application shall include a fee payment of one
hundred dollars ($100.00); state the name, if any, of the hotel or motel; the
location where the same will be maintained, conducted or operated; the names
and addresses of all persons interested in the ownership thereof, if privately
owned; the names and addresses of all officers and trustees thereof, if owned
by a non-incorporated association; the
and addresses of the officers thereof, if owned by a corporation; and the name
and address of the person who will be in actual charge of the operation
thereof. The application will also identify how many rooms are available for
rent. The application shall also contain the name and address of any other
hotel or motel operated, owned or managed by the permittee even if not in the
City of Hampton. The application shall also contain any additional information
the city manager or his designee requires.
Sec. 16.1-16. - Inspection.
Upon receipt of a complete application for a permit,
the city manager or his designee shall investigate the facts stated therein and
shall cause an inspection to be done of the premises by the departments
community development, fire, police and health to ensure there are no
outstanding violations of any applicable local, state or federal law on the
property. The police department shall also provide information on calls for
service and a record of arrests at the location for the year preceding the
application or renewal.
Sec. 16.1-17. - Permit issuance, expiration and renewal.
If the city manager or his designee determines from
the investigation that the hotel or motel is in compliance with the permit
conditions, a permit shall be granted. Otherwise, the permit shall be denied.
If issued, the permit shall be valid for one year from the date of issuance.
The permit may be renewed annually after an investigation and inspection as
required for new permits pursuant to section 16.1-16. If a hotel or motel has
passed the annual investigation and inspection and had no violations of federal,
state or local laws or regulations for two (2) consecutive years, upon permit
renewal, a permit which is valid for a three (3) year period will be issued. If
a hotel or motel is found to have violated any federal, state or local laws or
regulations during the three (3) year period of the permit, the permit may be
revoked by the City and the hotel or motel will again be required to apply for
permit renewal on an annual basis. Prior to denying or refusing to renew a
permit, the city manager or his designee shall first give the applicant at
least fifteen (15) days written notice and an opportunity to be heard.
Notice may be sent by mail to the applicant at the
address given on the permit application, which shall constitute sufficient
service thereof. The city manager or his designee shall pursue criminal
charges; seek an injunction, or both, against any person or persons operating a
hotel or motel without a currently valid permit.
Sec. 16.1-18. - Permit conditions.
Any permit issued pursuant to this chapter shall be
subject to the following general conditions, and any additional specific
conditions noted by the city manager or his designee in the permit:
(a) The motel or hotel shall be
operated and maintained in conformance with all applicable federal, state and
local laws and regulations, including, but not limited to, the zoning code,
building code, fire code, health code, business license code, criminal code,
and the provisions of this ordinance;
(b) The person or persons in charge
of operating or owning the motel or hotel shall promptly notify the City of
Hampton Police Division of any actual or suspected criminal violations,
including, but not limited to, contributing to the delinquency of a minor;
trespassing; prostitution; and controlled substance possession, manufacturing
or distribution; and
(c) The city shall have the right
to inspect the premises to ensure compliance with all permit conditions.
Sec. 16.1-19. - Transfer.
A permit issued under this chapter shall not be
Sec. 16.1-20. - Suspension and revocation of permits.
The city manager or his designee may at any time,
after giving at least fifteen (15) days written notice and an opportunity to
be heard by the permittee, revoke or suspend for such length of time as he may
deem proper any permit applied for or issued under this chapter for any of the
(a) Fraud or misrepresentation by the permittee
in the procurement of such permit;
(b) Any violation of any applicable local,
state or federal law;
(c) Failure to comply with the general or
specific terms of the permit; and
(d) Any illegal or unlawful acts
caused, allowed or permitted to be done by the permittee or his designated
manager or operating agent.
The notice referred to above may be sent by mail to
such permittee at the address given by him on the application for the permit,
which shall constitute sufficient service thereof. The city manager or his
designee shall pursue criminal charges; seek an injunction, or both, against
any person or persons operating a hotel or motel without a currently valid
Sec. 16.1-21. - Does not authorize operation of establishment not
conforming to laws and ordinances.
No permit issued under the provisions of this chapter
shall be construed as authorizing the operation of any hotel or motel that does
not conform to the laws of the state and the ordinances of the city applicable
This ordinance shall be in effect on and after
October 1, 2013.
Adopted at the regular meeting of the City Council of the
City of Hampton, Virginia held on August 14, 2013.
Signed by ____________________________ Date
Molly Joseph Ward, Mayor
Attested by ____________________________ Date _________________
Katherine K. Glass, CMC
Clerk of the Council