AN ORDINANCE relating to guest registration at Motels and Hotels in the City of Seattle; amending Seattle Municipal Code Section 6.98.020 to comply with the State and recent court rulings.

WHEREAS, the City of Seattle enacted Ordinance number 91072 in 1962 relating to registration of guests at Motels in the City of Seattle;

WHEREAS, the Seattle City Clerk has codified Ordinance number 91072 as Seattle Municipal Code Section 6.98.020;

WHEREAS, on April 27, 2007, the Washington Supreme Court decided State v. Jorden wherein the Court invalidated portions of a Pierce County ordinance similar to Seattle Municipal Code Section 6.98.020;

WHEREAS, the Seattle Municipal Court has repeatedly dismissed criminal complaints filed to enforce Seattle Municipal Code Section 6.98.020, finding ambiguity in the language of the ordinance;

WHEREAS, unregulated Motels and Hotels present a significant public safety problem for the City of Seattle;

WHEREAS, Motels and Hotels can become centers of drug and prostitution activity;

and

WHEREAS, the City of Seattle finds the regulation of Motels and Hotels to be an important to the public safety, health and welfare of the people of the City of Seattle;

NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Ordinance 91072, codified as Seattle Municipal Code Section 6.98.020 is amended as follows:

Everyone operating, managing or keeping a hotel as defined in Section 6.98.010 shall require registration of each guest at the time of his or her arrival to sign in ink his true name and provide his true addresson a register kept for that purpose and shallrequire identification of any adult guest whose room has been paid for in cash, including money order, traveler check or personal checks, or by voucher at the time of registration. keep such register as a permanent record and mark thereon the time and date of the guest's arrival and departure; provided that a husband may sign the register for his wife and family. Such identification shall be in a valid and current form issued by a governmental entity. A photocopy of such identification shall be maintained by the hotel or the identifying information and form of identification shall be transposed into the hotel registration record. Such record shall be kept available for inspection by any peace officer at any reasonable time, or in a police emergency at any time of day or night. Provided, that before such inspection the peace officer must have individualized or particularized suspicion of illegal activity by the guest or in or nearby the room. No guest shall write or cause to be written in a hotel register any false information or name other than his or her true name. or the name by which he is generally knownFor any guest taking occupancy through a prearranged advanced reservation in his or her name, name of a corporation, business, association or any other entity, the hotel shall require identification of the specific guest at the time of registration. PROVIDED that said hotel need not photocopy or record the identification of a person whose personal or business credit card (containing a name and expiration date) has been verified as valid in advance of the registration.

Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2008, and signed by me in open session in authentication of its passage this _____ day of ___________________, 2008. _________________________________ President __________of the City Council

Approved by me this ____ day of _____________________, 2008. _________________________________ Gregory J. Nickels, Mayor

Filed by me this ____ day of __________________________, 2008. ____________________________________ City Clerk

June 3, 2008 Version # 2 t