§ 17568.6. — 17568.6. (Added by Stats. 2023, Ch. 805, Sec. 1.)

California § 17568.6.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 7.: DIVISION 7. GENERAL BUSINESS REGULATIONS
• Part 3.: PART 3. REPRESENTATIONS TO THE PUBLIC
• Ch. 1.: CHAPTER 1. Advertising
• Art. 3.5.: ARTICLE 3.5. Hotel And Motel Advertised Rates

Text

(a)
(1)
A place of short-term lodging, an internet website, application, or other similar centralized platform, or any other person shall not advertise, display, or offer a room rate, as defined in Section 17561, that does not include all
fees or charges required to stay at the short-term lodging except taxes and fees imposed by a government on the stay.
(2)
A place of short-term lodging, an internet website, application, or other similar centralized
platform, or any other person shall include in the total price to be paid, before the consumer reserves the stay, all taxes and fees imposed by a government on the stay.
(b)
For purposes of this section, “short-term lodging” means any hotel, motel, bed and breakfast inn, or other transient lodging. “Short-term lodging” also includes a short-term rental, or a residential
property
that is rented to a visitor for 30 consecutive days or less through a centralized platform whereby the rental is advertised, displayed, or offered and payments for the rental are processed.
(c)
For purposes of this section, assessments under Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code or under Part 6 (commencing with Section 36500) or Part 7 (commencing with Section 36600) of
Division 18 of the Streets and Highways Code are fees imposed by a government on the stay.
(d)
This section shall apply to any advertising, display, or offer before the public in this state, or from this state before the public in any state.
(e)
(1)
A person that knew or should have known that
it has advertised, displayed, or offered a room rate in violation of this section shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000) for each violation.
(2)
An action to enforce this section may be brought by a city attorney, district attorney, county counsel, or the Attorney General.
(f)
The duties and obligations imposed by this section are cumulative with any other duties or obligations imposed under other law, and shall not be construed to relieve any party from any
duties or obligations imposed under other law.
(g)
The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(h)
This section shall become operative on July 1, 2024.

Legislative History

Added by Stats. 2023, Ch. 805, Sec. 1. (AB 537) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.