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HomeMy WebLinkAbout2015-22 - Amending Section 5.36.020 of the Newport Beach Municipal Code Regarding Inspections of Hotel Guest RegistriesORDINANCE NO. 2015 -22 AN ORDINAN( THE CITY CALIFORNIA, 5.36.020 OF MUNICIPAL INSPECTIONS REGISTRIES :E OF THE CITY COUNCIL OF OF NEWPORT BEACH, AMENDING SECTION THE NEWPORT BEACH CODE REGARDING OF HOTEL GUEST 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. Ordinance No. 2015 -22 Page 2 of 3 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 14th day of July, 2015, and adopted on the 28th day of July, 2015, by the following vote, to wit: Ordinance No. 2015 -22 Page 3 of 3 AYES, COUNCILMEMBERS Peotter, Petros, Duffield Muldoon, Dixon, Mayor Selich NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS Curry ATTEST: 0k NE4Y'po ..mot LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: THE CITY ATTORNEY'S OFFICE �. C. �- AAR`ON C. HARP, CITY ATTORNEY STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2015 -22 was duly and regularly introduced on the 14th day of July, 2015, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of July, 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich NAYS: None ABSENT: Council Member Curry IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of July, 2015. 3b t„3 .t City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2015 -22 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates: Introduced Ordinance: July 18, 2015 Adopted Ordinance: August 1, 2015 In witness whereof, I have hereunto subscribed my name this day of &60- 3 2015. City Clerk City of Newport Beach, California (Seal)