ORDINANCE NO. BL2016-177

An ordinance amending Section 6.28.010 of the Metropolitan Code of Laws with regard to Hotel Register Requirements.

WHEREAS, Section 6.28.010 of the Metropolitan Code currently provides that every person operating a hotel or rooming house, engaged in the business of lodging transients, shall keep a book or register in which the name and address of each of its guests or lodgers and their arrival and departure date is listed, and make it available to a metropolitan police officer upon written request of the chief of police or chief of the detective department; and,

WHEREAS, in City of Los Angeles v. Patel, 135 S. Ct. 2443 (2015), the U.S. Supreme Court held that police department requests for such records are permissible, but must contain a procedure allowing appeals from the request; and,

WHEREAS, the chief of police has determined that such requests must be properly authorized by the chief of police or any duly appointed deputy chief of police.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Section 6.28.010(C) of the Metropolitan Code of Laws is hereby amended by adding the phrase “any duly appointed deputy chief of police” after the phrase “chief of police or.” The phrase “or the chief of the detective department” shall be deleted.

Section 2. That Section 6.28.010 of the Metropolitan Code of Laws is hereby amended by adding a new appropriately designated subsection: “If inspection of the book or register is refused, the operator, manager, or person in charge shall secure the book or register in the manner required by the requesting police officer, so that its contents are preserved. The book or register shall be kept in the secured location until such time as an administrative or judicial search warrant, subpoena, or order can be granted or denied, and any appeal resolved.”

Section 3. Be it further enacted, that this ordinance shall take effect immediately after its passage.

Sponsored by: Doug Pardue

LEGISLATIVE HISTORY
Introduced:	April 5, 2016
Passed First Reading:	April 5, 2016
Referred to:	Public Safety, Beer, and Regulated Beverages Committee
Passed Second Reading:	April 19, 2016
Passed Third Reading:	May 3, 2016
Approved:	May 4, 2016
By: