1748.80.
For purposes of this chapter, the following definitions shall apply:(a) “Hosting platform” has the same meaning as that term is defined in Section 22590 of the Business and Professions Code.
(b) “Hotel” means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but it shall not include any residential hotel as defined in Section 50519 of the Health and Safety Code.
(c) “Third-party booking service” means a person that facilitates the booking of a hotel room or short-term rental in this state.
(d) “Short-term rental” means a
residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 consecutive days or less.
1748.83.
(a) (1) The Attorney General may bring an enforcement action in a court of competent jurisdiction against any person who violates this chapter.(2) The Attorney General may recommend a civil penalty pursuant to the factors in paragraph (3) if it determines that there has been a violation of this chapter.
(3) The court shall assess a civil penalty of not more than ten thousand dollars ($10,000) for each violation. In determining the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, all of the following:
(A) The nature and seriousness of the misconduct.
(B) The number of violations.
(C) The persistence of the misconduct.
(D) The length of time over which the misconduct occurred.
(E) The willfulness of the misconduct.
(F) The hosting platform, hotel, third-party booking service, and short-term rental’s assets, liabilities, and net worth.
(4) Each day that a person remains in violation of this chapter shall constitute a single violation.
(5) The penalties provided by this subdivision are in addition to
any other civil, criminal, and administrative penalties or sanctions provided by law, and do not supplant, but are cumulative to, other penalties or sanctions.
(b) (1) A violation of this chapter constitutes an unfair and unlawful business act or practice under Section 17200 of the Business and Professions Code and may be enforced under Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.
(2) A violation of this chapter is not subject to the Consumers Legal Remedies Act (Title 1.5 (commencing with Section 1750) of Part 4).
(3) Notwithstanding any other law, a violation of this chapter shall not constitute a crime.
(4) Notwithstanding any other law, nothing in this chapter shall
serve as the basis for a private right of action.