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chapter-36•Chapter 36 — Hotels, Lodginghouses and Restaurants
Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.
Revisor's Note: Later act, see 36-501.
History: L. 1913, ch. 204, § 3; R.S. 1923, 36-101; L. 1941, ch. 247, § 3; L. 1955, ch. 235, § 1; L. 1957, ch. 255, § 1; L. 1973, ch. 182, § 1; Repealed, L. 1975, ch. 314, § 21; July 1.
Revisor's Note: Later act, see 36-501.
History: L. 1913, ch. 204, § 4; R.S. 1923, 36-102; L. 1941, ch. 247, § 4; L. 1967, ch. 240, § 1; L. 1969, ch. 219, § 1; Repealed, L. 1975, ch. 314, § 21; July 1.
History: L. 1917, ch. 206, § 1; R.S. 1923, 36-103; Repealed, L. 1939, ch. 198, § 21; June 30.
History: L. 1913, ch. 204, § 5; L. 1917, ch. 206, § 2; R.S. 1923, 36-104; L. 1941, ch. 247, § 5; L. 1955, ch. 235, § 2; L. 1957, ch. 255, § 2; Repealed, L. 1973, ch. 182, § 7; July 1.
Revisor's Note: Later act, see 36-502, 36-503, 36-504.
History: L. 1913, ch. 204, § 7; R.S. 1923, 36-105; L. 1969, ch. 219, § 2; L. 1973, ch. 182, § 2; Repealed, L. 1975, ch. 314, § 21; July 1.
Revisor's Note: Later act, see 36-502, 36-503, 36-504.
History: L. 1913, ch. 204, § 8; R.S. 1923, 36-106; L. 1927, ch. 223, § 1; L. 1947, ch. 261, § 1; L. 1955, ch. 235, § 3; L. 1957, ch. 255, § 3; L. 1967, ch. 240, § 2; L. 1969, ch. 219, § 3; L. 1973, ch. 182, § 3; Repealed, L. 1975, ch. 314, § 21; July 1.
Revisor's Note: Later act, see 36-506, 36-507.
History: L. 1913, ch. 204, § 9; R.S. 1923, 36-107; Repealed, L. 1975, ch. 314, § 21; July 1.
Revisor's Note: Later act, see 36-502, 36-503, 36-504, 36-505, 36-515.
History: L. 1913, ch. 204, § 10; R.S. 1923, 36-108; L. 1955, ch. 235, § 4; L. 1973, ch. 182, § 4; Repealed, L. 1975, ch. 314, § 21; July 1.
History: L. 1913, ch. 204, § 11; R.S. 1923, 36-109; L. 1941, ch. 247, § 6; L. 1955, ch. 235, § 5; L. 1969, ch. 219, § 4; Repealed, L. 1975, ch. 314, § 21; July 1.
Revisor's Note: Later act, see 36-506, 36-507.
History: L. 1913, ch. 204, § 12; R.S. 1923, 36-110; L. 1955, ch. 235, § 6; Repealed, L. 1975, ch. 314, § 21; July 1.
Revisor's Note: Later act, see 36-506, 36-507.
History: L. 1913, ch. 204, § 13; R.S. 1923, 36-111; L. 1969, ch. 219, § 5; L. 1973, ch. 182, § 5; Repealed, L. 1975, ch. 314, § 21; July 1.
History: L. 1913, ch. 204, § 14; R.S. 1923, 36-112; Repealed, L. 1973, ch. 182, § 7; July 1.
Revisor's Note: Later act, see 36-506, 36-507.
History: L. 1913, ch. 204, § 15; R.S. 1923, 36-113; Repealed, L. 1975, ch. 314, § 21; July 1.
History: L. 1913, ch. 204, §§ 16, 17; R.S. 1923, 36-114, 36-115; Repealed, L. 1972, ch. 157, § 20; July 1.
History: L. 1913, ch. 204, § 18; L. 1917, ch. 206, § 4; R.S. 1923, 36-116; L. 1927, ch. 220, § 8; L. 1955, ch. 235, § 7; Repealed, L. 1972, ch. 157, § 20; July 1.
History: L. 1913, ch. 204, § 19; R.S. 1923, 36-117; L. 1970, ch. 160, § 1; Repealed, L. 1972, ch. 157, § 20; July 1.
History: L. 1913, ch. 204, § 20; R.S. 1923, 36-118; Repealed, L. 1972, ch. 157, § 20; July 1.
History: L. 1913, ch. 204, § 21; R.S. 1923, 36-119; Repealed, L. 1969, ch. 219, § 8; July 1.
Revisor's Note: Later act, see 36-506, 36-507.
History: L. 1913, ch. 204, § 22; R.S. 1923, 36-120; L. 1969, ch. 219, § 6; Repealed, L. 1975, ch. 314, § 21; July 1.
Revisor's Note: Later act, see 36-506, 36-507.
History: L. 1913, ch. 204, § 23; L. 1917, ch. 206, § 3; R.S. 1923, 36-121; Repealed, L. 1975, ch. 314, § 21; July 1.
History: L. 1913, ch. 204, § 25; R.S. 1923, 36-122; L. 1955, ch. 235, § 8; Repealed, L. 1975, ch. 314, § 21; July 1.
History: L. 1913, ch. 204, § 26; R.S. 1923, 36-123; Repealed, L. 1975, ch. 314, § 21; July 1.
History: L. 1923, ch. 148, §§ 1 to 5; R.S. 1923, 36-124 to 36-128; Repealed, L. 1941, ch. 247, § 9; April 12.
Revisor's Note: Later act, see 36-516.
History: L. 1933, ch. 190, §§ 1, 2; Repealed, L. 1976, ch. 203, § 5; July 1.
As used in this act, the term "place of assembly" means any public building, resort, hotel, as such term is defined by K.S.A. 36-501, "food service establishment," as such term is defined by K.S.A. 36-501, or other similar place.
History: L. 1976, ch. 203, § 1; July 1.
Within any place of assembly flexible metal gas connectors may be used in connection with natural gas-fired movable cooking equipment, if such flexible metal gas connectors are of a design and construction approved by the state fire marshal for such purposes as provided by K.S.A. 36-133.
History: L. 1976, ch. 203, § 2; July 1.
The state fire marshal is hereby authorized and directed to approve the design and construction for flexible metal gas connectors authorized for use under K.S.A. 36-132.
History: L. 1976, ch. 203, § 3; July 1.
Any person, firm or corporation using a flexible metal gas connector in connection with natural gas-fired movable cooking equipment which does not meet the design and construction requirements approved by the state fire marshal pursuant to K.S.A. 36-133 shall be guilty of a class C misdemeanor.
History: L. 1976, ch. 203, § 4; July 1.
That the keeper of any inn, hotel, boardinghouse, apartment house, or rooming house as defined in chapter 204 of the Laws of 1913, and for the operation of which it is necessary for the keeper to obtain a license under the laws of the state of Kansas, shall have a lien on the baggage and other property in and about such inn, hotel, boardinghouse, apartment house, or rooming house brought to the same by or under the control of his guests or boarders, for the proper charges due him from such guests or boarders for the accommodation, board and lodging, and for all money paid for or advanced to them not to exceed the sum of two hundred dollars, and for such other extras as are furnished at the request of such guests. The term "apartments" as herein used shall include only apartments which are rented furnished.
History: L. 1913, ch. 205, § 1; L. 1923, ch. 149, § 1; June 9; R.S. 1923, 36-201.
That said innkeeper, hotelkeeper, boardinghouse keeper, apartment-house keeper, or rooming-house keeper shall have the right to detain such baggage and other property until the amount of such charges is paid, and such baggage and other property shall be exempt from attachment or execution until such innkeeper, hotelkeeper, boardinghouse keeper, apartment-house keeper, or rooming-house keeper's lien and the cost of satisfying it are paid: Provided, Such lien shall not supersede a valid existing lien of record.
History: L. 1913, ch. 205, § 2; L. 1923, ch. 149, § 2; June 9; R.S. 1923, 36-202.
That said innkeeper, hotelkeeper, boardinghouse keeper, apartment-house keeper, or rooming-house keeper shall retain such baggage and other property upon which he has a lien for a period of ninety days, at the expiration of which time if such lien is not satisfied, he may sell such baggage and other property at public auction, first giving notice of the time and place of sale by posting at least three notices thereof in public places in the county where the inn, hotel, boardinghouse, apartment house, or rooming house is situated, and also by mailing a copy of such notice addressed to said guest or boarder at the place of residence designated by the register of such inn, hotel, boardinghouse, apartment house, or rooming house.
History: L. 1913, ch. 205, § 3; L. 1923, ch. 149, § 3; June 9; R.S. 1923, 36-203.
That after satisfying the lien and any cost that may accrue, any residue remaining shall, on demand, within six months, be paid to such guest or boarder, and if not so demanded within six months from date of sale, such residue shall be deposited by such innkeeper, hotelkeeper, boardinghouse keeper, apartment-house keeper, or rooming-house keeper with the treasurer of the county in which the inn, hotel, boardinghouse, apartment house, or rooming house is situated, together with a statement of the innkeeper, hotelkeeper, boardinghouse keeper, apartment-house keeper, or rooming-house keeper's claim and the cost of enforcing the same, a copy of the notice given, and the amount received for the goods sold at said sale.
History: L. 1913, ch. 205, § 4; L. 1923, ch. 149, § 4; June 9; R.S. 1923, 36-204.
Said residue shall be retained by the county treasurer for a period of one year, and if not claimed within that time by the owner thereof, the county treasurer shall remit the same as provided in K.S.A. 20-2801.
History: L. 1913, ch. 205, § 5; L. 1923, ch. 149, § 5; R.S. 1923, 36-205; L. 1973, ch. 106, § 6; June 1.
History: L. 1913, ch. 205, § 6; L. 1923, ch. 149, § 6; R.S. 1923, 36-206; L. 1941, ch. 247, § 7; L. 1965, ch. 272, § 1; L. 1982, ch. 132, § 5; L. 1987, ch. 148, § 1; Repealed, L. 1992, ch. 298, § 97; July 1, 1993.
History: L. 1913, ch. 205, § 7; L. 1923, ch. 149, § 7; R.S. 1923, 36-207; L. 1987, ch. 148, § 2; Repealed, L. 1992, ch. 298, § 97; July 1, 1993.
The provisions of K.S.A. 36-206 and 36-207 shall not apply where there has been an agreement in writing for delay in payment for a period not to exceed sixty days.
History: L. 1913, ch. 205, § 8; L. 1923, ch. 149, § 8; June 9; R.S. 1923, 36-208.
History: L. 1939, ch. 198, § 2; L. 1955, ch. 235, § 9; L. 1961, ch. 226, § 1; L. 1965, ch. 273, § 3; L. 1975, ch. 462, § 38; Repealed, L. 1975, ch. 314, § 21; Repealed, L. 1976, ch. 204, § 1; July 1.
History: L. 1939, ch. 198, § 1; Repealed, L. 1975, ch. 314, § 21; July 1.
History: L. 1939, ch. 198, § 3; L. 1965, ch. 273, § 4; Repealed, L. 1975, ch. 314, § 21; July 1.
History: L. 1939, ch. 198, § 4; Repealed, L. 1975, ch. 314, § 21; July 1.
History: L. 1939, ch. 198, § 11; Repealed, L. 1975, ch. 314, § 21; July 1.
History: L. 1939, ch. 198, § 15; L. 1941, ch. 247, § 8; L. 1955, ch. 235, § 10; L. 1961, ch. 226, § 2; L. 1973, ch. 182, § 6; L. 1974, ch. 174, § 1; Repealed, L. 1975, ch. 314, § 21; July 1.
History: L. 1939, ch. 198, §§ 16, 19, 20; Repealed, L. 1975, ch. 314, § 21; July 1.
That "hotel" and "motel" for the purposes of this act shall mean and include every building or group of buildings or other structures or group of structures including every cabin camp, tourist cabin, motel or other lodging unit kept, used, maintained, advertised, or held out to the public as a place where sleeping accommodations are offered for pay, to guests, in which four (4) or more rooms are used for the accommodations for such guests.
History: L. 1959, ch. 196, § 1; June 30.
(a) No hotel or motel keeper in this state shall be liable for the loss of, or damage to, any baggage, luggage, wearing apparel, personal effects or other like property of a guest, lodger or boarder in an amount in excess of two hundred fifty dollars ($250), unless the same has actually been delivered by such guest, lodger or boarder, to such hotel or motel keeper, or his authorized agent or clerk in the registration office of such hotel, or motel for safekeeping, in which event a receipt for each such article shall thereupon issue or in lieu thereof such hotel or motel keeper shall assume liability in a larger amount with reference to such property.
(b) No hotel or motel keeper in this state shall be liable for the loss of, or damage to, merchandise for sale or samples belonging to a guest, lodger or boarder unless the guest, lodger or boarder upon entering the hotel or motel, shall give notice of having merchandise for sale or samples in his possession, together with an itemized list of such property, to the hotel or motel keeper, or his authorized agent or clerk in the registration office of the hotel or motel. No hotel or motel keeper shall be liable for any loss of such property designated in this subsection (b), after notice and itemized statement having been given and delivered as aforesaid, in an amount in excess of two hundred fifty dollars ($250), unless such hotel or motel keeper by specific agreement in writing, individually, or by an authorized agent or clerk in charge of the registration office of the hotel or motel, shall voluntarily assume liability for a larger amount with reference to such property. The hotel or motel keeper shall not be compelled to receive such guests, lodgers or boarders with merchandise for sale or samples.
(c) With respect to money, jewelry, diamonds, or other valuable stones, articles of silver and gold, tickets, certificates or other like valuables, no hotel or motel keeper shall be liable for the loss thereof or damage thereto unless the same, together with an itemized list thereof, has actually been delivered by such guest, lodger or boarder, to such hotel or motel keeper, or his authorized agent or clerk in the registration office of such hotel or motel, and the receipt thereof acknowledged by the delivery to such guest or boarder of a claim check or receipt of the hotel or motel for such property. No hotel or motel keeper shall be liable for the loss of any property specified in this paragraph (c), after delivery of such property and the receipt therefor as aforesaid, in an amount in excess of two hundred fifty dollars ($250), unless such hotel or motel keeper by a specific agreement in writing individually, or by an authorized agent or clerk in charge of the registration office of such hotel or motel, shall voluntarily assume liability in a larger amount in reference to such property.
(d) No hotel or motel keeper in this state shall be liable for the loss of, or damage to, any other property not heretofore described in K.S.A. 36-402, in an amount in excess of two hundred fifty dollars ($250), unless such hotel or motel keeper by a specific agreement in writing, individually, or by an authorized agent or clerk in charge of the registration office of such hotel or motel, shall voluntarily assume liability in a larger amount with reference to any such property.
History: L. 1959, ch. 196, § 2; June 30.
A complete copy of this act and the act of which this act is amendatory shall be posted in every guest room of every hotel or motel.
History: L. 1959, ch. 196, § 3; L. 1969, ch. 219, § 7; July 1.
(a) K.S.A. 36-501 through 36-520, and amendments thereto, shall be known and may be cited as the lodging inspection act.
(b) As used in the lodging inspection act, the following words and phrases shall have the following meanings:
(1) "Hotel" means every building or other structure that is kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are offered for pay primarily to transient guests and in which four or more rooms are used for the accommodation of such guests, regardless of whether such building or structure is designated as a cabin camp, tourist cabin, motel or other type of lodging unit.
(2) "Rooming house" means every building or other structure that is kept, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are furnished for pay to transient or permanent guests and in which eight or more guests may be accommodated, but that does not maintain common facilities for the serving or preparation of food for such guests.
(3) "Boarding house" means every building or other structure that is kept, maintained, advertised or held out to the public to be a place where sleeping accommodations are furnished for pay to transient or permanent guests and in which eight or more guests may be accommodated, and that maintains common facilities for the serving or preparation of food for such guests. The term "boarding house" shall not include facilities licensed under K.S.A. 2015 Supp. 75-3307b(a)(5), prior to its repeal, or facilities licensed by the Kansas department for aging and disability services that are: (A) Facilities for developmentally disabled persons receiving assistance through the department and that receive or have received after June 30, 1967, any state or federal funds; or (B) facilities where developmentally disabled persons who require supervision or limited assistance with the taking of medication reside.
(4) "Lodging establishment" means a hotel, rooming house, guest house or boarding house.
(5) "Food" means the same as provided in K.S.A. 65-656, and amendments thereto.
(6) "Guest house" means every building or other structure that is kept, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are furnished for pay to transient or permanent guests. A guest house shall accommodate no more than seven guests in no more than three rooms furnished with sleeping accommodations, regardless of whether common facilities for the serving or preparation of food are maintained.
(7) "Person" means an individual, partnership, corporation or other association of persons.
(8) "Municipality" means any city or county of this state.
(9) "Secretary" means the secretary of agriculture and the secretary's authorized representatives.
(10) "Department" means the Kansas department of agriculture.
History: L. 1975, ch. 314, § 5; L. 1986, ch. 324, § 1; L. 2008, ch. 84, § 9; L. 2012, ch. 145, § 3; L. 2018, ch. 71, § 6; July 1.
(a) It shall be unlawful for any person to engage in the business of conducting a lodging establishment unless such person shall have in effect a valid license therefor issued by the secretary. Applications for such licenses shall be made on forms prescribed by the secretary, and each such application shall be accompanied by the appropriate license fee required by subsection (c). Prior to the issuance of any such license, the secretary shall inspect or cause to be inspected the lodging establishment designated in the application, to determine that it complies with the standards for lodging establishments promulgated pursuant to this act. If such lodging establishment is found to be in compliance, and the completed application and accompanying fees have been submitted, the secretary shall issue the license. If such lodging establishment is found not to be in compliance, the secretary shall deny such application after providing notice and opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act.
(b) Each license shall designate whether the licensed lodging unit is a hotel, rooming house or boarding house. Any person obtaining a license to engage in the business of conducting a rooming house or boarding house shall not have the right to use the name "hotel" in connection with such business. Every license issued hereunder shall be displayed conspicuously in the lodging establishment for which it is issued, and no such license shall be transferable to any other person or location. Whenever any such license is lost, destroyed or mutilated, a duplicate license shall be issued to any otherwise qualified licensee upon application therefor and the payment of a fee in the amount of $5.
(c) The fee for a license to conduct a lodging establishment in this state for all or any part of any calendar year shall be $30, except that the fee for any lodging establishment containing 10 sleeping rooms shall be $40 and for every additional 10 rooms therein, an additional fee of $10 shall be charged. All lodging establishments that are newly constructed, newly converted to use as a lodging establishment or have a change of ownership shall pay an application fee that may be adjusted in accordance with the type of establishment or based on other criteria as determined by the secretary, but in no event shall any application fee exceed $200 in addition to the license fee.
(d) Any lodging establishment that also has a food establishment license shall have a fee set by rule and regulation of the secretary. Such fee shall not exceed the fees for lodging establishments as provided in subsection (c).
(e) A guest house shall not be required to have a lodging license, but such guest house shall be required to be inspected if the secretary receives a complaint concerning such guest house and shall be subject to the temporary closure provisions of K.S.A. 36-515a(b), and amendments thereto.
(f) A lodging establishment operated in connection with any premises licensed, registered or permitted by the secretary of health and environment, the secretary for children and families, the secretary of corrections or the secretary for aging and disability services that is inspected and regulated pursuant to the respective law or rule and regulation of such secretary, shall not require a license as provided in this section, and the secretary of agriculture shall not be authorized to inspect or cause such premises to be inspected. This subsection shall not apply to a lodging establishment whose primary function is not in connection with any premises licensed, registered or permitted pursuant to the respective law or rule and regulation of such secretary.
History: L. 1975, ch. 314, § 6; L. 1978, ch. 154, § 1; L. 1984, ch. 313, § 55; L. 2008, ch. 84, § 10; L. 2011, ch. 73, § 2; L. 2012, ch. 145, § 4; L. 2018, ch. 71, § 33; July 1.
History: L. 1975, ch. 314, § 7; L. 1976, ch. 205, § 1; L. 1978, ch. 154, § 2; L. 1981, ch. 181, § 1; L. 1982, ch. 181, § 1; L. 1984, ch. 313, § 56; L. 1993, ch. 196, § 1; L. 2001, ch. 203, § 1; L. 2008, ch. 84, § 11; L. 2008, ch. 84, § 12; L. 2009, ch. 59, § 5; Repealed, L. 2012, ch. 145, § 33; July 1.
History: L. 1975, ch. 314, § 8; L. 1976, ch. 205, § 2; L. 1978, ch. 154, § 3; L. 1984, ch. 313, § 57; L. 2008, ch. 48, § 5; L. 2008, ch. 150, § 3; Repealed, L. 2012, ch. 145, § 33; July 1.
Except as otherwise provided in this section, any license issued under the provisions of this act shall expire on March 31 following the date of issuance, and may be renewed by making application to the secretary on or before the expiration date. Application for renewal of a license shall be made on a form prescribed by the secretary and shall be accompanied by the license fee required for the issuance of an original license. If, for any reason, a licensee fails to renew a license prior to the expiration date, the licensee may obtain a renewal of such license within 30 days following the expiration date by complying with the foregoing provisions of this section and paying a $25 late fee. If the licensee does not renew within the 30-day period, then the license is treated as expired and the licensee must apply for a new license.
History: L. 1975, ch. 314, § 9; L. 1984, ch. 313, § 58; L. 1993, ch. 196, § 2; L. 2012, ch. 145, § 5; July 1.
(a) The secretary is hereby authorized and empowered to administer and enforce the provisions of the lodging inspection act, and rules and regulations adopted thereunder. The secretary shall adopt rules and regulations establishing minimum standards for the safe and sanitary operation of lodging establishments and the administration and enforcement thereof. Such rules and regulations shall relate to:
(1) Water supply;
(2) heating;
(3) lighting;
(4) ventilation;
(5) toilet and other sanitary facilities;
(6) conditions increasing the hazards of fire, accidents or other calamities;
(7) bedding and furnishings;
(8) sewage disposal;
(9) such other minimum conditions which the secretary deems necessary for the operation and maintenance of a lodging establishment in a safe and sanitary manner; and
(10) licensure of lodging establishments and fees related to the licensure and inspection thereof.
(b) The standards promulgated pursuant to the rules and regulations adopted hereunder shall be designed to ensure the health, comfort and safety of the guests in lodging establishments. Such standards may be based upon or incorporate by reference specific editions, or portions thereof, of nationally recognized codes establishing lodging standards. Such standards shall be applicable uniformly throughout the state, except that the secretary may establish different standards for each of the various classes of lodging establishments. Any provision of an ordinance or resolution of any municipality, prescribing safety and sanitation standards for lodging establishments, which does not conform to the minimum standards promulgated by the secretary pursuant to this section, shall be null and void; but nothing herein shall be construed as precluding any municipality from establishing by ordinance or resolution standards which are more stringent than those established by the secretary.
History: L. 1975, ch. 314, § 10; L. 2008, ch. 84, § 14; L. 2012, ch. 145, § 6; July 1.
History: L. 1975, ch. 314, § 11; L. 2008, ch. 84, § 15; Repealed, L. 2012, ch. 145, § 33; July 1.
History: L. 1975, ch. 314, § 12; L. 1984, ch. 313, § 59; L. 1993, ch. 196, § 3; Repealed, L. 2012, ch. 145, § 33; July 1.
History: L. 1975, ch. 314, § 13; L. 1984, ch. 313, § 60; L. 2004, ch. 145, § 12; L. 2010, ch. 17, § 51; Repealed, L. 2012, ch. 145, § 33; July 1.
(a) The secretary shall be responsible for the enforcement of the lodging standards promulgated pursuant to this act, but the secretary is hereby authorized and empowered to contract with the governing body of any municipality for the enforcement of all or any portion of such standards, whenever the secretary shall determine that such municipality has adequate personnel to provide proper enforcement. Any municipality entering into a contract with the secretary to enforce such standards shall act as an agent of the secretary in carrying out such duties, and no such municipality shall charge any lodging establishment a fee for services performed as an agent of the secretary under such contract which is in addition to and separate from any fee such establishment is required to pay to the secretary under the provisions of this act. Such municipality shall enforce such standards within such municipalities of this state as are designated in the contract. Any inspection of lodging establishments by officers, employees or agents of any such municipality, and any notice of noncompliance issued as a result of any such inspection, shall have the same force and effect as if such had been done by the secretary.
(b) The secretary and the state fire marshal are hereby authorized and empowered to enter into a contract authorizing the state fire marshal and the fire marshal's deputies or lawful agents to enforce all or any portion of the lodging standards promulgated pursuant to this act. Such contract shall designate specific lodging establishments, or types of lodging establishments, wherein such authority may be exercised. Any inspection of such establishments by the state fire marshal or the fire marshal's deputies or lawful agents, to determine compliance with lodging standards established pursuant to this act, and any notice of noncompliance issued as a result of any such inspection, shall have the same force and effect as if such had been done by the secretary.
Such contract also may provide similar authority for the secretary and the secretary's officers, employees and agents with respect to enforcement of all or any portion of the Kansas fire prevention code in specified lodging establishments, or in types of lodging establishments. Any inspection of such establishments by the secretary, or the secretary's officers, employees and agents, to determine compliance with the Kansas fire prevention code, shall have the same force and effect as if performed by the state fire marshal or the marshal's deputies and agents.
History: L. 1975, ch. 314, § 14; L. 1976, ch. 205, § 3; L. 1984, ch. 313, § 61; L. 2008, ch. 84, § 16; L. 2009, ch. 59, § 6; L. 2012, ch. 145, § 7; July 1.
History: L. 1975, ch. 314, § 15; Repealed, L. 2012, ch. 145, § 33; July 1.
(a) The secretary shall remit all moneys received by the secretary under the provisions of this act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Except for moneys remitted under subsection (b), upon receipt of each such remittance the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(b) The secretary shall remit all moneys received by the secretary from fees from food service establishments located in a municipality where food service inspection services are provided by a local agency under contract with the secretary to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the food service inspection reimbursement fund which is hereby created. On July 1, 1988, and on the first day of each month thereafter, the director of accounts and reports shall transfer from the food service inspection reimbursement fund to the state general fund an amount equal to 10% of all money credited to such fund during the preceding month. Expenditures from the food service inspection reimbursement fund shall be made to reimburse each local agency under contract with the secretary for food service inspection services in an amount equal to 80% of the money received from food service establishments in the municipality served by the local agency. All expenditures from the food service inspection reimbursement fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or a person designated by the secretary.
History: L. 1975, ch. 314, § 16; L. 1983, ch. 286, § 9; L. 1985, ch. 139, § 1; L. 1988, ch. 135, § 1; L. 2001, ch. 5, § 106; L. 2011, ch. 53, § 14; July 1.
History: L. 1975, ch. 314, § 17; L. 1984, ch. 313, § 62; Repealed, L. 2012, ch. 145, § 33; July 1.
History: L. 1975, ch. 314, § 18; Repealed, L. 1985, ch. 140, § 3; July 1.
(a) After notice and opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act, the secretary may deny, suspend, revoke, refuse to renew or modify the license to operate a lodging establishment if the licensee failed to comply with the standards, provisions or requirements established pursuant to the lodging inspection act, or any rule or regulation adopted thereunder.
(b) The secretary may seek injunctive relief from the district court to enjoin any operator of a lodging establishment from conducting business when such operator has:
(1) Failed to make application for or to obtain a license for such purpose as required by the lodging inspection act;
(2) had such license suspended, denied or revoked; or
(3) failed to comply with the standards established pursuant to the lodging inspection act, or rules and regulations adopted thereunder.
History: L. 1975, ch. 314, § 19; L. 1982, ch. 181, § 2; L. 2009, ch. 59, § 7; L. 2012, ch. 145, § 8; July 1.
(a) If the secretary finds that the public health or safety is endangered by the continued operation of a lodging establishment, the secretary may suspend temporarily the license of such establishment, or if the lodging establishment is a guest house, order the temporary closure thereof, without notice or hearing in accordance with the emergency provisions of the Kansas administrative procedure act.
(b) In no case shall a temporary suspension of a license or closure of a guest house under this section be in effect for a period of time in excess of 90 days. At the end of such period of time, the lodging establishment shall be reinstated to full licensure or, if such lodging establishment is a guest house, allowed to reopen, unless the secretary has suspended or revoked the license, obtained an injunction against such licensee or operator, or the license has expired as otherwise provided under the lodging inspection act.
History: L. 1982, ch. 181, § 4; L. 1984, ch. 313, § 63; L. 2012, ch. 145, § 9; July 1.
(a) Any person who violates any provision of the lodging inspection act or any rule and regulation adopted pursuant thereto, in addition to any other penalty provided by law, may incur a civil penalty imposed under subsection (b) in an amount not to exceed $500 for each violation and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(b) The secretary, upon a finding that a person has violated any provision of the lodging inspection act or any rule and regulation adopted pursuant thereto, after notice and an opportunity for a hearing in accordance with the Kansas administrative procedure act, may impose a civil penalty within the limits provided in this section upon such person, which civil penalty shall be in an amount to constitute an actual and substantial economic deterrent to the violation for which the civil penalty is assessed.
(c) Any party aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act.
(d) Any penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 1982, ch. 181, § 5; L. 1985, ch. 140, § 1; L. 2001, ch. 5, § 107; L. 2008, ch. 84, § 17; L. 2010, ch. 17, § 52; L. 2012, ch. 145, § 10; July 1.
History: L. 1982, ch. 181, § 6; Repealed, L. 2012, ch. 145, § 33; July 1.
(a) No person shall install or own any gas stove in any public building, resort, hotel, restaurant, tourist camp or other similar public place in this state unless such stove is properly connected with a chimney or other outlet or combination of outlets.
(b) Any violation of the provisions of this section is a class C misdemeanor.
History: L. 1977, ch. 147, § 1; July 1.
Every licensed lodging establishment designated as a hotel shall provide at no additional charge to deaf or hard of hearing guests, upon request of such guests, portable smoke detectors of the type suitable for providing visual warning to such guests, or a room equipped with fixed visual warning smoke detectors or a ground floor guest room accessible to the out-of-doors. Each licensed lodging establishment designated as a hotel shall have available for such guests not less than one portable visual warning smoke detector, or one room equipped with a fixed visual warning smoke detector or one ground floor guest room accessible to the out-of-doors for each 50 guest rooms of such lodging establishment, except that no such lodging establishment designated as a hotel shall be required to have more than a total of six portable visual warning smoke detectors, or six rooms equipped with fixed visual warning smoke detectors or six ground floor guest rooms accessible to the out-of-doors nor shall any such lodging establishment have less than one such smoke detector, or one room equipped with a fixed visual warning smoke detector or one ground floor guest room accessible to the out-of-doors.
History: L. 1988, ch. 134, § 1; L. 2012, ch. 145, § 11; L. 2022, ch. 75, § 5; April 28.
(a) Except as provided in subsections (e) and (f) of K.S.A. 36-502, and amendments thereto, the secretary shall inspect or cause to be inspected every lodging establishment in this state. Any lodging establishment in this state shall be inspected upon receipt of a complaint indicating that such lodging establishment does not comply with the applicable standards promulgated in the lodging inspection act or rules and regulations adopted thereunder. The secretary or the secretary's lawful agent shall have the right of entry and access thereto, at any reasonable time.
(b) Whenever, upon inspection, it is determined that any lodging establishment does not comply with the applicable standards promulgated in the lodging inspection act or rules and regulations adopted thereunder, the secretary shall give written or electronic notice to the owner, proprietor, licensee or agent in charge of such establishment of the changes or alterations necessary to comply with such standards. Such notice shall:
(1) Order the establishment to comply with the applicable standards within a period of time specified in the notice, which shall be not less than 10 days, except that a shorter period of time may be provided in the notice whenever the secretary believes it essential to protect the public health and safety; and
(2) state that the license for such establishment, if applicable, shall be subject to suspension or revocation for failure to comply with the applicable standards within the time specified.
(c) The licensee or operator of any establishment given notice pursuant to this section may apply to the secretary for an extension of the time specified in the notice. The secretary shall review such application and may grant or deny such application or modify the provisions of the notice with respect to the time for compliance with any of the particulars stated in the notice.
(d) Upon reinspection of any lodging establishment given notice pursuant to this section, if it is determined that such establishment does not comply with the applicable standards promulgated in the lodging inspection act and rules and regulations adopted thereunder, the secretary, after providing notice and an opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act, may suspend or revoke the license issued for such establishment.
(e) The secretary is authorized to receive lodging inspection reports from qualified individuals, private entities or public entities to determine compliance with lodging standards promulgated pursuant to the lodging inspection act, and amendments thereto. The secretary is authorized to promulgate such rules and regulations as are necessary to receive such inspection reports.
History: L. 2009, ch. 59, § 1; L. 2011, ch. 73, § 3; L. 2012, ch. 145, § 12; July 1.
If the secretary determines that any person has engaged in or is engaging in any act or practice constituting a violation of any provision of the lodging inspection act, and amendments thereto, or any rules and regulations or orders issued thereunder, the secretary, after notice and an opportunity for a hearing in accordance with the Kansas administrative procedure act, may require that such person cease and desist from the unlawful act or practice and take such affirmative action as in the judgment of the secretary will carry out the purposes of the violated or potentially violated provision of this act or rules and regulations or orders issued thereunder.
History: L. 2009, ch. 59, § 2; L. 2012, ch. 145, § 13; July 1.
There is hereby created the lodging fee fund. The secretary shall remit all license fees received by the secretary under the provisions of K.S.A. 36-502, and amendments thereto, and all license renewal fees for lodging establishments under K.S.A. 36-505, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the lodging fee fund. All expenditures from the lodging fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person designated by the secretary.
History: L. 2011, ch. 73, § 1; L. 2012, ch. 145, § 14; July 1.
As used in this act:
(a) "Hotel" means the same as provided in K.S.A. 36-501, and amendments thereto;
(b) "innkeeper" means the owner, operator, manager or keeper of a hotel;
(c) "minor" means an unemancipated person under the age of 18 years;
(d) "alcoholic liquor" means the same as provided in subsection (b) of K.S.A. 41-102, and amendments thereto;
(e) "cereal malt beverage" means the same as provided in subsection (a) of K.S.A. 41-2701, and amendments thereto;
(f) "controlled substance" means the same as provided in K.S.A. 21-5701, and amendments thereto.
History: L. 1997, ch. 144, § 1; L. 2009, ch. 32, § 45; July 1.
An innkeeper shall have the right to refuse or deny any accommodations, facilities or privileges of a hotel to:
(a) Any person who is unwilling or unable to pay for accommodations and services of the hotel. The innkeeper shall have the right to require the prospective guest to demonstrate such prospective guest's ability to pay by cash, valid credit card or a validated check;
(b) any minor. The innkeeper may require a parent or legal guardian of a minor or a representative of the entity responsible for payment of the accommodation to: (1) Accept in writing liability of the guest room costs, taxes, all charges by the minor and any damages to the guest room, hotel and its furnishings caused by the minor while a guest at the hotel; and (2) provide the innkeeper with a valid credit card number to cover the guest room costs, taxes, charges by the minor and any damages to the guest room or its furnishings caused by the minor; or (3) if the credit card is not an option, give the innkeeper an advance cash payment to cover the guest room costs and taxes for all room nights reserved for the minor, plus reasonable cash deposit not to exceed $250 towards the payment of any charges by the minor for any damages to the guest room, hotel and its furnishings. The innkeeper shall refund such cash deposit to the extent not used to cover any such charges or any damages as determined by the innkeeper following room inspection at check-out;
(c) any person who is engaged in disorderly conduct as defined in K.S.A. 21-6203, and amendments thereto; and
(d) any person who is on record by the hotel as having violated the provisions contained in K.S.A. 36-604, and amendments thereto, in the past.
Any innkeeper who refuses or denies such accommodations, facilities or privileges of a hotel for any of the reasons specified in subsections (a) through (d) shall not be liable in any civil or criminal action or for any fine or penalty based upon such refusal or denial, except that such accommodation, facilities or privilege of a hotel shall not be refused or denied based upon the person's race, religion, color, sex, disability, origin or ancestry.
History: L. 1997, ch. 144, § 2; L. 2011, ch. 30, § 152; July 1.
Every guest of the hotel may be required by the innkeeper to produce a valid identification satisfactory to the innkeeper, containing a photograph of the guest and setting forth the name, age and residence of the guest. If the guest is a minor, the innkeeper may also require a parent of such guest to register and to accept, in writing, liability for the guest's room costs, taxes and all charges by such minor and any damages to the guest room, hotel, its furnishings and lost revenue caused by such minor while a guest at the hotel.
History: L. 1997, ch. 144, § 3; May 1.
An innkeeper may eject a person from the hotel premises, without return of such person's room rental payment, for any of the following reasons:
(a) Nonpayment of the hotel's charges for accommodations or services;
(b) the person is engaged in disorderly conduct as defined in K.S.A. 21-6203, and amendments thereto, or has been the subject of complaints from other guests of the hotel;
(c) the person is using the premises for an unlawful act, including but not limited to the unlawful use or possession of controlled substances by such person in violation of K.S.A. 21-5701 through 21-5717, and amendments thereto, or the use of the premises for the consumption of alcoholic liquor or cereal malt beverage by any person under the age of 21 years in violation of K.S.A. 41-727, and amendments thereto;
(d) the person has brought property onto the hotel premises which may be dangerous to other persons pursuant to K.S.A. 21-6301 through 21-6312, and amendments thereto;
(e) the person is not a registered guest of the hotel;
(f) the person has exceeded the limitations for guest room occupancy established by the hotel;
(g) the person has obtained the accommodation under false pretenses;
(h) the person is a minor and is not under the supervision of the adult who has obtained the accommodation;
(i) the person has violated any federal, state or local laws or regulations relating to the hotel; or
(j) the person has violated any rule of the hotel which is posted in a conspicuous place and manner in the hotel as provided in K.S.A. 36-605, and amendments thereto, except that no such rule may authorize the innkeeper to eject or to refuse or deny service or accommodations to a person because of race, religion, color, sex, disability, national origin or ancestry.
History: L. 1997, ch. 144, § 4; L. 2009, ch. 32, § 46; L. 2011, ch. 30, § 153; July 1.
The innkeeper shall post a copy of this act together with all rules of the lodging establishment, in a conspicuous place at or near the guest registration desk or inside each guest room at the hotel.
History: L. 1997, ch. 144, § 5; May 1.
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