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(Amended by Ord. No. 179,533, Eff. 3/8/08.)
1. Definitions. For purposes of this section:
Guest means a person who exercises occupancy or is entitled to occupancy in a hotel by reason of concession, permit, right of access, license or other agreement.
Hotel means any public or private space or structure, including but not limited to, any inn, hostelry, tourist home, motel, lodging house or motel rooming house offering space for sleeping or overnight accommodations in exchange for rent and for a period of less than 30 days. Hotel includes the parking lot and other common areas of the hotel. Hotel does not include living accommodations provided at any governmental or nonprofit institution in connection with the functions of that institution.
Housing Voucher means a voucher, certificate or coupon for lodging issued individually or jointly by any of the following, or an agency or authority of any one or more of the following: (1) the federal government; (2) the State of California or another state; (3) a county; (4) a municipality; or (5) a non-profit entity that issues vouchers, certificates or coupons for lodging to homeless individuals or families.
Identification document means a document that contains the name, date of birth, description and picture of a person, issued by the federal government, the State of California, another state, a county or municipal government subdivision or one of their agencies, including but not limited to: a motor vehicle operator’s license, an identification card, or an identification card issued to a member of the Armed Forces. Identification document also includes a passport issued by a foreign government or a consular identification card, issued by a foreign government to any of its citizens and nationals, which has been approved by the City of Los Angeles as valid identification.
Occupancy means the use or possession, or the right to the use or possession, of any room in any hotel.
Operator means the person who is either the proprietor of the hotel or any other person who has the right to rent rooms within the hotel, whether in the capacity of owner, manager, lessee, mortgagee in possession, licensee, employee or in any other capacity.
Record means written documentation of information about a guest. A record may be maintained electronically, in a book or on cards.
Rent means the consideration charged, whether or not received, for the occupancy of a room in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature.
Reservation means a request to hold a room for a potential guest that includes the following information and is documented in writing: (i) The potential guest’s name and contact information; and (ii) the date and time when the contact was made.
Room means any portion of a hotel, which is designed or intended for occupancy by a person for temporary lodging or sleeping purposes.
Walk-in guest means any guest who did not make a reservation for a room prior to the time that the guest seeks to check in at the hotel.
2. Hotel Record Information.
(a) Every operator of a hotel shall keep a record in which the following information shall be entered legibly, either in electronic, ink or typewritten form prior to the room being furnished or rented to a guest:
(1) As provided by the guest in response to an inquiry or by other means:
(i) The name and address of each guest and the total number of guests;
(ii) The make, type and license number of the guest’s vehicle if the vehicle will be parked on hotel premises that are under the control of the Operator or hotel management;
(iii) Identification information as required by Subsection 4 (a) and (b) of this section.
(2) The day, month, year and time of arrival of each guest;
(3) The number or other identifying symbol of location of the room rented or assigned each guest;
(4) The date that each guest is scheduled to depart;
(5) The rate charged and amount collected for rental of the room assigned to each guest;
(6) The method of payment for the room; and
(7) The full name of the person checking in the guest.
(b) For a guest checking in via an electronic registration kiosk at the hotel, instead of the information required by Subsection 2.(a), the hotel shall maintain the name, reservation information and credit card information provided by the guest, as well as the identifying symbol of the kiosk where the guest checked in and the room number assigned to the guest.
3. Maintenance of Hotel Record. Every operator of a hotel shall comply with the following requirements for maintaining the hotel record:
(a) The record shall be kept on the hotel premises in the guest reception or guest check-in area or in an office adjacent to that area. The record shall be maintained at that location on the hotel premises for a period of 90 days from and after the date of the last entry in the record. An officer of the Los Angeles Police Department may request an operator consent to inspect the record as part of the Department’s public safety responsibilities. (Amended by Ord. No. 184,711, Eff. 3/10/17.)
(b) No person shall alter, deface or erase the record so as to make the information recorded in it illegible or unintelligible, or hinder, obstruct or interfere with any inspection of the record under this section.
(c) Any record maintained in the form of a book shall be permanently bound, each page shall be sequentially numbered and the book shall be the minimum size of eight by ten inches. No page shall be removed from the book. Any record maintained in the form of cards shall be on cards that are the minimum size of two and one-half inches by four inches and numbered consecutively and used in sequence. Any card numbered within the sequence of utilized cards shall be preserved as part of the record even if it is not used for a room rental. The numbers shall be printed or otherwise indelibly affixed to the cards. If maintained electronically, the record shall be printable.
(d) Nothing in this section absolves the operator from maintaining the record for longer than 90 days in order to comply with any other provision of law, including the obligation to maintain and produce records for the purpose of paying a transient occupancy tax.
4. Renting of Hotel Rooms. The operator of a hotel shall not rent a room except in compliance with the following conditions.
(a) A guest who pays all or part of the rent for a room in cash at the time of checking in, and a walk- in guest, shall be required to present an identification document or a housing voucher at the time of checking into the hotel.
(b) A room shall not be rented hourly or for fewer than 12 hours unless an identification document is obtained from the guest when the guest checks into the hotel.
(c) The number and expiration date of the identification document obtained under Subsections 4.(a) or (b) shall be recorded and maintained by the operator in the record for at least 90 days or if a guest is paying with a housing voucher obtained under Subsection 4.(a), a copy of the housing voucher shall be maintained with the record for at least 90 days.
5. Training of employees. The owner or proprietor of a hotel business shall take all reasonable steps, including but not limited to, providing training regarding this section to ensure that the person who checks a person into the hotel complies with the provisions of this section. A person who has not been trained shall not be assigned to check persons into the hotel.
6. Guest obligations.
(a) No person shall give any assumed, false or fictitious name, or any other name other than the person’s true name when checking into a hotel.
(b) No person shall present to any hotel identification that is any way false, altered or counterfeit or belongs to another person.
(c) Subsection 6. shall not apply to law enforcement personnel engaged in an investigation.
(Amended by Ord. No. 187,525, Eff. 7/16/22.)
A. Definitions. As used in this section:
1. “Bar” shall mean a business that sells or offers for sale alcoholic beverages pursuant to a license from the Department of Alcoholic Beverage Control (ABC), limits entry to patrons 21 and older and where food service, if any, is only incidental to the sale of alcoholic beverages. A Bar shall not include a business with an ABC license type 41 or type 47, both of which are issued to restaurants and require substantial sales of meals for consumption on the premises.
2. “Electronic Smoking Device” shall mean any device that may be used to deliver any aerosolized or vaporized substances to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, vape pen, or e-hookah. Electronic Smoking Device includes any component part of or accessory to the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine.
3. “Outdoor Dining Area” shall mean:
a. An outdoor area made available to the general public that is dedicated, designed, established or regularly used as a place for the consumption of food or drinks and all non- enclosed areas within 10 feet thereof. An Outdoor Dining Area shall not include an area that is contiguous to:
(i) a Bar; or
(ii) a restaurant, business, or non- commercial building that is completely closed to the general public for a private event.
b. An outdoor area comprised of a 40-foot radius of a business, such as a food kiosk, food cart, or mobile food truck, that regularly sells or provides food or drinks but has no area dedicated by the business as a place for the consumption of food or drinks that are regularly sold or provided by that business.
4. “Smoking” shall mean inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, cannabis, or other plant, whether natural or synthetic, that is intended for inhalation. “Smoking” includes using an Electronic Smoking Device.
B. Prohibitions.
1. Smoking is prohibited in the following places:
a. Any portion of a building owned or leased by the City of Los Angeles;
b. City permitted farmer’s markets as defined in Section 12.24. X.6.; and
c. Outdoor Dining Areas.
(1) A violation of this section shall also be found when any person authorized to manage or control an Outdoor Dining Area knowingly permits Smoking in violation of this section
C. No-Smoking Signs.
1. Any business or person having the authority to manage and control any area designated as a no- smoking area shall post or cause to be posted “No Smoking” signs in conspicuous locations within the designated no-smoking areas. All such signs shall clearly and conspicuously recite the phrase “No Smoking” and use the international no-smoking symbol. The signs shall be posted not less than 5 feet nor more than 8 feet above floor level and shall be of sufficient number and location to ensure that any person in the designated no-smoking area shall see at least one of the signs.
For Outdoor Dining Areas, the following provisions shall also be followed:
a. Any business with an Outdoor Dining Area as defined in Section 41.50 A.3.a. shall post no-smoking signs of sufficient number to ensure that the no-smoking prohibition is clearly visible and readable to patrons in the Outdoor Dining Area and to persons passing outdoors within 10 feet of the Outdoor Dining Area. The no-smoking signs shall state in size 14 font or larger, “No Smoking in this Outdoor Dining Area or within 10 feet of this Outdoor Dining Area.”
b. Any business with an Outdoor Dining Area as defined in Section 41.50 A.3.b., such as a food kiosk, food cart or mobile food truck, shall post a no-smoking sign located near the cashier that is clearly visible and readable to its customers. The no-smoking sign shall state in size 14 font or larger, “No smoking within 40 feet of this business.”
2. It shall be unlawful to willfully mutilate or destroy any signs required by this section.
D. Penalty. Except as otherwise expressly provided herein, violation of any provision or failure to comply with any requirement of this section is an infraction.
(Added by Ord. No. 184,053, Eff. 3/9/16.)
A. Definitions.
1. “Event Site for Organized Sporting Events” shall mean the entire physical area of a site, such as a stadium or arena, where organized sporting events occur. The entire physical area includes all open, semi-open and enclosed spaces and structures including, but not limited to, playing fields, dugouts, bullpens, training rooms, locker rooms, team bench areas, spectator seating areas, pedestrian walkways, bathrooms, dining areas, vendor areas, offices and recreational areas. An event site for organized sporting events does not include City parks defined in Section 63.44 A. of this Code and regulated by Section 63.44 B. of this Code.
2. “Organized Sporting Events” shall mean games of or athletic competitions related to baseball, softball, football, basketball, hockey, track and field, field hockey, lacrosse or soccer; or any event involving a game or other athletic competition organized by a league or association of persons, including but not limited to, professional, amateur, adult recreational, youth recreational and school sponsored leagues.
3. “Smokeless tobacco” shall mean any product containing cut, ground, powdered or leaf tobacco that is intended to be placed in the oral or nasal cavity, including but not limited to snuff, chewing tobacco, dipping tobacco, dissolvable tobacco products and snus.
B. Prohibitions.
1. The use of smokeless tobacco shall be prohibited at all times at event sites for organized sporting events.
C. Signage Requirement.
1. Persons or entities having the authority to manage and control and those managing and controlling an event site for organized sporting events shall post or cause to be posted and prominently displayed at every entrance, a conspicuous sign clearly communicating that the use of smokeless tobacco is prohibited. Such signs shall also be posted in all dugouts, bullpens, training rooms and locker rooms.
D. Penalty. Violation of any provision of this section is an infraction.
(a) It shall be unlawful for any person to light, ignite or otherwise set fire to, or smoke, carry, throw or deposit any lighted cigar, cigarette or other smoldering or smoke- producing substance within any public or private elevator open to use by the general public. (Added by Ord. No. 146,792, Eff. 1/12/75.)
(b) Every person having the authority to manage and control premises wherein elevator service is provided for use by the general public shall post “NO SMOKING” signs in all such elevators. Such signs shall be clearly visible and readable. Such signs shall cite Section 41.51 of the Municipal Code and state that persons smoking in elevators are subject to a fine. (Added by Ord. No. 146,792, Eff. 1/12/75.)
(c) Notwithstanding any other provision of this Code, violation of this section is an infraction. (Added by Ord. No. 153,590, Eff. 5/11/80.)
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