2016 2:00:00 PM

Monday, April 25, 2016 2:00 PM
Council Chambers, Legislative Bldg, 745 Fourth St, Sparks

Public Hearing and Action Items Unrelated to Planning and Zoning: 10.1

Title: Second reading, Public hearing, discussion, and possible adoption of Bill No. 2705 amending Chapter 5.52 of the Sparks Municipal Code: an Ordinance amending the Sparks Municipal Code relating to hotels, motels and other rented short-term lodging; revising provisions pertaining to police inspection of hotel, motel and other lodging registers and registration systems; broadening the definition of registration systems to include modern electronic systems; allowing the owner or operator of hotels, motels and other rented properties to seek pre-compliance judicial review of police demands for inspection of registers and registration systems; and providing other matters properly related thereto.

Petitioner/Presenter: Tom Riley/Tom Riley

Recommendation: Recommended that the City Council approve and adopt the proposed ordinance.

Financial Impact: None

Business Impact (Per NRS 237):
A Business Impact Statement is not required. This is a rule but does not impose a direct and significant economic burden on a business, or directly restrict the formation, operation or exemption of a business.

Agenda Item Brief:

Adds additional businesses to current businesses that must maintain a system of registering persons who rent temporary lodging; provides for pre-compliance judicial review of police demands to inspect registration records; eliminates outdated and obsolete provisions.

Background:

A 2015 U.S. Supreme Court decision mandates that the City allow pre-compliance judicial review of police demands to inspect a guest registration system maintained by hotels, motels and other short-term rental businesses. Accordingly, the ordinance started out to address that legal issue.

During review of the current ordinance by the City Attorney’s Office and the Sparks Police Department, several provisions were found to be obsolete, outdated or undesired. The review also disclosed that newer forms of temporary housing had developed in the rental market place, including hotels and motels (such as the old Nugget Courtyard) which had been sold and the rooms therein converted into "apartments". Law enforcement expressed concerns that, under the current ordinance, such buildings were not required by law to maintain a registry of their occupants - many of whom were in rented units making weekly payments.

The proposed ordinance updates the Sparks Municipal Code to comply with the new U.S. Supreme Court decision. It also eliminates outdated and obsolete provisions and updates Chapter 5.52 to include electronic guest registration. Further, it applies the guest registration requirement to additional types of short-term rental properties that pose law enforcement concerns due to transient individuals renting rooms and small apartments.

Analysis:

The ordinance’s new provisions will assure compliance with the U.S. Supreme Court decision. By updating registration provisions to include electronic systems and cover recently created forms of temporary housing, the ordinance will aid law enforcement efforts to locate and apprehend wanted persons, thereby potentially reducing crime within the city.

Alternatives:

A "do nothing" alterative will continue an outdated set of laws, including some that are not enforceable. The "do nothing" alternative exposes the City to a civil rights lawsuit by an owner of a rental property who desires to challenge police efforts to inspect the guest register maintained for the rentals. The alternative of approving the proposed ordinance will update the code provisions, assure its constitutionality and have beneficial effects on law enforcement, and is the preferred alternative.

Recommended Motion:

I move to adopt Bill No 2705.

Attached Files:

Police Inspection of Lodging Registrations Ordinance.pdf

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