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City of San Leandro <br />Meeting Date: May 2, 2016 <br />Staff Report <br />Agenda Section:File Number:16-218 CONSENT CALENDAR <br />Agenda Number:8.J. <br />TO:City Council <br />FROM:Chris Zapata <br />City Manager <br />BY:Rich Pio Roda <br />City Attorney <br />FINANCE REVIEW:Not Applicable <br />TITLE:Staff Report for First Reading of Ordinance to Amend San Leandro Municipal <br />Code Sections 4-28-105, 4-28-115, and 4-28-120 Related to the Hotel Guest <br />Registry Access <br />RECOMMENDATIONS <br />Staff recommends that the City Council introduce and conduct a first reading of the proposed <br />Ordinance amending sections 4-28-105, 4-28-115 and 4-28-120, Title 4, Chapter 28 of the <br />San Leandro Municipal Code to eliminate provisions of the Municipal Code that impose <br />sanctions for a lodging operator’s refusal to voluntarily produce a guest registry upon request <br />and to clarify acceptable forms of identification for guests. <br />BACKGROUND AND SUMMARY <br />Title 4, Chapter 28 of the San Leandro Municipal Code (the “Lodging Registration Ordinance”) <br />requires lodging operators to maintain current guest registers containing specified information <br />regarding guests including the names, residence address, automobile information and room <br />occupied. Additionally, the Lodging Registration Ordinance requires lodging operators to <br />make their guest registers available for inspection upon request by the Chief of Police. <br />Failure to provide the guest register upon request is a violation of the Lodging Registration <br />Ordinance. <br />The purpose of the Lodging Registration Ordinance is to facilitate the police department’s <br />ability to monitor the use of overnight lodging locations for illegal purposes including in <br />connection with narcotics trafficking and prostitution. The Lodging Registration Ordinance has <br />been useful to the police department in achieving its public safety goals. Additionally, multiple <br />other California cities have a lodging registry ordinance to assist in enforcement efforts related <br />to transitory use of overnight lodging establishments for criminal operations. <br />In 2015, the United States Supreme Court held in City of Los Angeles v. Patel (135 S.Ct. 400 <br />(2014)) that cities cannot constitutionally require lodging operators to provide guest registries <br />Page 1 City of San Leandro Printed on 4/26/2016