Legislation # 13-0310 Enactment Number 13-0016
Type Ordinance - Coded Effective Date 8/14/2013
Introduction Date 8/14/2013
Title Ordinance To Amend And Reenact Chapter 16.1 Of The Code Of The City Of Hampton Entitled "Hotels And Similar Establishments"
 
Legislation History 13-0310
DateNotice Of ActionDescription
8/22/2013 Enactment Number 13-0016
8/14/2013 Adopted with the following amendment to the ordinance as it was submitted by staff: Delete proposed section 16.1-12(b)(2).
8/5/2013 Received By Clerk's Office
 
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Hotels Redline.doc Other 51K Revised Redline
 
Legislation Text 13-0310

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 13-0310

 

Enactment Number: 13-0016

 

Ordinance To Amend And Reenact Chapter 16.1 Of The Code Of The City Of Hampton Entitled "Hotels And Similar Establishments"

 

BE 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 SIMILAR ESTABLISHMENTS

 

Sec. 16.1-1. Definitions.

 

The following 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 different meaning:

 

Lodging unit means living and sleeping quarters for a person or persons.

 

Minor means an individual less than eighteen (18) years of age.

 

Person means 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.

 

Records mean 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 restaurant space.

 

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 such establishment

by giving any such false information.

 

Sec. 16.1-10. - Renting or occupying room for illegal or unlawful purposes.

 

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 inspection.

 

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

names 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 transferable.

 

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 following reasons:

 

(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 permit.

 

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 thereto.

 

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