PENNSYLVANIA INNKEEPERS' RIGHTS ACT — 1996 Pa. Act 131 (historical enacted text)

Historical Act text

SENATE AMENDED
PRIOR PRINTER'S NOS. 2513, 3447, 3652 PRINTER'S NO. 4030
INTRODUCED BY NAILOR, GODSHALL, MICHLOVIC, BELFANTI, TULLI,
BELARDI, HERSHEY, DeLUCA, HENNESSEY, TRUE, PETTIT,
M. N. WRIGHT, CLARK, FLEAGLE, VANCE, SCHRODER, SATHER, RUDY,
FARGO, GEIST, E. Z. TAYLOR, SEMMEL, WOGAN, TRAVAGLIO,
CORRIGAN, NICKOL, BROWNE, STERN, EGOLF, FAIRCHILD, SCHULER,
DEMPSEY, MILLER, ARMSTRONG, BAKER, MAITLAND, MARSICO, TRELLO,
L. I. COHEN, BATTISTO, ROBINSON, HALUSKA AND PICCOLA,
SEPTEMBER 25, 1995
SENATOR ULIANA, URBAN AFFAIRS AND HOUSING, AS AMENDED,
SEPTEMBER 25, 1996
AN ACT
1 Establishing grounds upon which innkeepers may deny
2 accommodations, facilities or privileges of a lodging
3 establishment to any person who is unable or unwilling to pay
4 for accommodations and services, to any person who is
5 disorderly, to any person who an innkeeper reasonably
6 believes is seeking accommodations for any unlawful purpose,
7 and to any person who an innkeeper reasonably believes is
8 bringing upon the lodging establishment property which may be
9 dangerous to other persons; allowing an innkeeper to limit
10 the number of persons who shall occupy any particular guest
11 room of a lodging establishment; providing for the posting of
12 notice relative to this statute; and providing for penalties.
13 The purpose of this legislation is to enable innkeepers to
14 deny, without liability, accommodations, facilities or
15 privileges of a lodging establishment to persons for reasons of
16 public health and safety or to persons who do not demonstrate
17 the financial ability to pay for the accommodations and services
18 of the lodging establishment; and to preclude the innkeeper from
19 being held liable or in violation of any of the laws of this
1 Commonwealth in the event of denial of accommodations,
2 facilities or privileges for such reasons.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Pennsylvania
7 Innkeepers' Rights Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Alcoholic beverages." "Alcohol," as defined in the act of
13 April 12, 1951 (P.L.90, No.21), known as the Liquor Code.
14 "Controlled substance." As defined in the act of April 14,
15 1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
16 Device and Cosmetic Act.
17 "Disorderly." A person is disorderly if, with intent to
18 cause public inconvenience, annoyance or alarm, or recklessly
19 creating a risk thereof, the person:
20 (1) engages in fighting or threatening, or in violent or
21 tumultuous behavior;
22 (2) makes unreasonable noise;
23 (3) uses obscene language or makes an obscene gesture;
24 or
25 (4) creates a hazard or physically offensive condition
26 by any act which serves no legitimate purpose of the actor.
27 "Innkeeper." The owner, operator, management or keeper of a
28 lodging establishment.
29 "Lodging establishment." A hotel, motel, inn, resort, guest
30 house, bed and breakfast establishment, regardless of size, or
19950H2024B4030 - 2 -
1 other building which holds itself out, by any means, including
2 advertising, license, registration with an innkeepers group,
3 convention listing association, travel publication or similar
4 association, or with a government agency, as being available to
5 provide overnight lodging or use of facility space, such as
6 space for food and beverage service or meeting rooms, for
7 consideration to persons seeking temporary accommodation. The
8 term includes a place which advertises to the public at large or
9 a segment of the public that it will provide beds, sanitary
10 facilities or other space for a temporary period to members of
11 the public at large. The term also includes a place recognized
12 as a hostelry, provided that portions of the facility which are
13 devoted to persons who have established permanent residence
14 shall not be included in this definition. The term does not
15 include "time-share" arrangements.
16 "Minor." An unemancipated person under 18 years of age.
17 "Person." Any individual, corporation, association,
18 partnership, joint stock company, business trust, syndicate,
19 joint ventureship or other combination or group of individuals.
20 "Temporary." Occupancy or the right to occupancy of any
21 lodging establishment for less than 30 days, or on a day-to-day
22 basis if for more than 30 days.
23 Section 3. Innkeepers' rights.
24 (a) Refusal of accommodations.--An innkeeper shall have the
25 right to refuse or deny any accommodations, facilities or
26 privileges of a lodging establishment to:
27 (1) Any person who is unwilling or unable to pay for
28 accommodations and services of the lodging establishment. The
29 innkeeper shall have the right to require that prospective
30 guests demonstrate their ability to pay by cash, valid credit
19950H2024B4030 - 3 -
1 card or a certified or cashier's check. When a minor is
2 unaccompanied by the parent or legal guardian of that minor,
3 the innkeeper may require the minor's parent or legal
4 guardian:
5 (i) to accept in writing liability for the guest
6 room cost, taxes, all charges by the minor and any
7 damages in excess of normal wear and tear to the guest
8 room or its furnishings caused by the minor while a guest
9 at the lodging establishment; such damages shall be
10 calculated at the cost of labor and materials for repair
11 by the lodging establishment;
12 (ii) to provide the innkeeper with a valid credit
13 card number and authorization to cover the guest room
14 cost, taxes, charges by the minor and any damages to the
15 guest room or its furnishings caused by the minor; or
16 (iii) if a credit card authorization is not
17 provided, the innkeeper may require:
18 (A) an advanced cash payment to cover the guest
19 room cost and taxes for all room nights reserved for
20 the minor; and
21 (B) a cash damage deposit in an amount not to
22 exceed the cost of one night's guest room
23 accommodations, including taxes, for payment of any
24 additional charges by the minor or for any damages to
25 the guest room or its furniture or furnishings. The
26 innkeeper shall refund the cash deposit to the extent
27 that it is not used to cover any reasonable charges
28 or damages, as determined by the innkeeper following
29 room inspection at checkout.
30 (2) Any person who is disorderly.
19950H2024B4030 - 4 -
1 (3) Any person who the innkeeper reasonably believes is
2 seeking accommodations for any unlawful purpose, including
3 the unlawful possession or use of a controlled substance by
4 such person or the use of the premises for the consumption of
5 alcoholic beverages by any person under 21 years of age.
6 (4) Any person who the innkeeper reasonably believes is
7 bringing into the lodging establishment property which may be
8 dangerous to other persons, such as explosives or illegal
9 firearms.
10 (5) Any person who exceeds the maximum number of persons
11 allowed to occupy any particular guest room in the lodging
12 establishment, as posted by the lodging establishment.
13 (b) Civil liability.--The innkeeper so refusing or denying
14 such accommodations, facilities or privileges of a lodging
15 establishment for any of the reasons specified in subsection (a)
16 shall not be liable in any civil action or for any fine or
17 penalty based on such refusal or denial, except that such
18 accommodations, facilities or privileges of a lodging
19 establishment shall not be refused or denied based upon a <--
20 person's race, color, familial status, religious creed,
21 ancestry, handicap or disability, age, sex, national origin, use
22 of a guide or support animal because of the blindness, deafness
23 or physical handicap of the user or because the user is a
24 handler or trainer of support or guide animals. THE FACTORS SET <--
25 FORTH IN SECTION 3 OF THE ACT OF OCTOBER 27, 1955 (P.L.744,
26 NO.222), KNOWN AS THE PENNSYLVANIA HUMAN RELATIONS ACT.
27 Section 4. Penalties.
28 (a) Restitution and damages permitted.--In addition to any
29 penalties provided by any other statute, a court may order a
30 person to:
19950H2024B4030 - 5 -
1 (1) Pay restitution for any damages suffered by the
2 innkeeper of the lodging establishment, which damages may
3 include the lodging establishment's loss of revenue resulting
4 from the lodging establishment's inability to rent or lease
5 the room during the period of time the lodging establishment
6 room is being repaired.
7 (2) Pay damages or restitution to any person who is
8 injured in person or property.
9 (b) Minor.--In the case of a minor, the parents or guardians
10 of the minor shall be liable for acts of the minor which cause
11 damages to the lodging establishment room or furnishings or
12 cause injury to persons or property.
13 (c) Other violations.--This section shall not prohibit the
14 prosecution of any person for any other violation of law which
15 occurred on the property of the lodging establishment.
16 Section 5. Guest register requirement.
17 (a) Register.--The innkeeper of a lodging establishment
18 shall maintain for a period of three years a guest register
19 which shows the name, residence, date of arrival and departure
20 of guests of lodging establishment.
21 (b) Verification of identity.--Every guest shall register
22 and the registering guest may be required by the innkeeper to
23 produce a valid driver's license or other identification,
24 satisfactory to the innkeeper, containing a photograph of the
25 guest and setting forth the name and residence address of the
26 guest. If the guest is a minor, the innkeeper may also require a
27 parent of such guest to register, accepting in writing,
28 liability for the guest room cost, taxes, all charges by such
29 minor and any damages to the guest room or its furnishings
30 caused by such minor while a guest at the lodging establishment.
19950H2024B4030 - 6 -
1 (c) Maintenance of register.--The guest register will be
2 deemed "maintained" within the meaning of this section when
3 maintained in its original form or when reproduced on any
4 photographic, photostatic, microfilm, microcard, miniature
5 photographic or other process, which actually reproduces the
6 original record.
7 Section 6. Right to eject from premises.
8 An innkeeper may eject immediately a person from the lodging
9 establishment premises for violating any provisions of this act,
10 which is posted in a conspicuous place and manner in the lodging
11 establishment in accordance with section 7.
12 Section 7. Posting notice to guests.
13 This act shall not apply to an innkeeper unless the innkeeper
14 posts a copy of this act at or near the guest registration desk.
15 Section 8. Effective date.
16 This act shall take effect in 60 days.
H3L68JS/19950H2024B4030 - 7 -