Title 29 — Hotels and Hotel Keepers

Title 29 Hotels and Hotel Keepers

Chapter 1 Hotel Keepers' Liability

§ 29-1-1 Fireproof safe for use of guests -- Limitation of liability.

If an innkeeper, hotel keeper, boarding house keeper, or lodging house keeper keeps on the premises a fireproof safe or vault, and gives notice to guests, boarders or lodgers, by posting a copy of this section in a prominent or conspicuous place in the office of the inn, hotel, boarding house or lodging house and in the rooms occupied by the guests, boarders or lodgers, that the keeper keeps for their use a fireproof safe or vault and will not be liable for money, jewelry, documents or other articles of unusual value and small compass, unless placed therein, the keeper is not liable, except so far as the keeper's acts or the acts of the keeper's employees shall contribute thereto, for any loss of or injury to such articles, if not deposited with the keeper to be placed in such safe or vault, or in any case for more than the sum of $250 for any such property, unless the keeper shall have given a receipt in writing therefor to the guest, boarder or lodger, and the value of the article so placed with the keeper for safekeeping shall have been declared by such guest, boarder or lodger.

§ 29-1-2 Property worth more than $250 -- Limitation of liability -- Special arrangements -- Theft by, or negligence of, innkeeper or servant.

An innkeeper, hotel keeper, boarding house or lodging house keeper is not required to receive from a guest for deposit in such safe or vault, property described in the next preceding section exceeding a total value of $250, and is not liable for such property exceeding such value whether received or not. Such innkeeper, hotel keeper, boarding house or lodging house keeper, by special arrangement with a guest, may receive for deposit in such safe or vault property upon such written terms as may be agreed upon. A person who is an innkeeper, hotel keeper, boarding house or lodging house keeper shall be liable for a loss of any of such property of a guest in the person's inn caused by the theft or negligence of the innkeeper or the innkeeper's servant.

§ 29-1-3 Other personal property -- Limitation of liability.

(1) The liability of a person who is an innkeeper, hotel keeper, boarding or lodging house keeper, for loss of or injury to personal property placed in the person's care by the person's guests other than that described in Section 29-1-1, shall be that of a depositary for hire.

(2) The liability described in Subsection (1) may not exceed $150 for each trunk and its contents, $50 for each valise, suitcase or other piece of hand luggage and its contents, and $10 for each box, bundle or package, and its contents, so placed in the person's care, unless the person has consented in writing with the guest to assume a greater liability.

Chapter 2 Innkeeper's Rights Act

§ 29-2-101 Title.

This chapter is known as the "Innkeeper's Rights Act."

§ 29-2-102 Definitions.

As used in this chapter:

(1) "Alcoholic beverage" has the same meaning as provided in Section 32B-1-102.

(2) "Controlled substance" has the same meaning as provided in Section 58-37-101.

(3) "Guest" means a person for whom an innkeeper was paid to provide temporary sleeping accommodations in a lodging establishment.

(4) "Innkeeper" means the proprietor or designated employee of a proprietor of a lodging establishment.

(5) "Lodging establishment" means a place providing temporary sleeping accommodations to the public, including any of the following:

(a) a bed and breakfast establishment;

(b) a boarding house;

(c) a hotel;

(d) an inn;

(e) a lodging house;

(f) a motel;

(g) a resort; or

(h) a rooming house.

(6) "Minor" means an unemancipated person younger than 18 years old.

§ 29-2-103 Innkeeper's rights -- Liability -- Prohibition on discrimination.

(1) An innkeeper may:

(a) refuse or deny accommodations, facilities, or privileges of a lodging establishment to any person who is:

(i) unwilling or unable to pay for the accommodations and services of the lodging establishment;

(ii) visibly intoxicated;

(iii) creating a public nuisance;

(iv) in the reasonable belief of the innkeeper, seeking accommodations for any unlawful purpose, including:

(A) the unlawful possession or use of controlled substances in violation of federal or state law; or

(B) use of the premises for the consumption of alcoholic beverages by any person under 21 years of age in violation of federal or state law; or

(v) in the reasonable belief of the innkeeper, bringing in property that may be dangerous to other persons, including firearms or explosives;

(b) require a prospective guest prior to check-in to demonstrate the guest's ability to pay either in cash, by credit card, or with a validated check;

(c) require a parent or legal guardian of a minor to:

(i) promise in writing to pay all guest room costs, taxes, and charges incurred by the minor at a lodging establishment and any damages to the lodging establishment and its furnishings caused by the minor while a guest at the lodging establishment;

(ii) provide an innkeeper with a valid credit card number to cover potential charges and any potential damages to the lodging establishment and its furnishings caused by the minor; or

(iii) if a valid credit card is not an option, provide an innkeeper with:

(A) an advance cash payment to cover the guest room costs and taxes for the anticipated stay of the minor; and

(B) a deposit, not to exceed $500, towards the payment of any charges by the minor or any damages to the lodging establishment or its furnishings, which deposit shall be refunded to the extent not used to cover any damages as determined by the innkeeper following room inspection at check-out;

(d) require a guest to produce a valid driver's license, or other identification satisfactory to the innkeeper, containing a photograph and the name and address of the guest;

(e) if the guest is a minor, require a parent or guardian of the guest to register and produce the same identification required in Subsection (1)(d);

(f) limit the number of persons who may occupy a guest room in the lodging establishment;

(g) eject a person from a lodging establishment for any of the following reasons:

(i) nonpayment of the lodging establishment's charges for accommodations or services;

(ii) visible intoxication of the guest;

(iii) disorderly conduct of the guest resulting in a public nuisance; or

(iv) the innkeeper reasonably believes that the person has violated:

(A) this chapter or any federal, state, or local law or regulation relating to the lodging establishment; or

(B) any rule of the lodging establishment posted in a conspicuous place and manner in the lodging establishment.

(2) An innkeeper may not refuse or deny use of or eject a person from a lodging establishment's facilities or privileges based upon the person's race, creed, color, national origin, gender, disability, or marital status.

§ 29-2-104 Copy available.

An innkeeper shall make a copy of this chapter available to any guest upon request.

§ 29-2-105 Restitution.

In addition to any other penalty a court may impose, a court may order:

(1) a person who violates an innkeeper's rights under Section 29-2-103 to pay restitution:

(a) for damages suffered by an innkeeper including the lodging establishment's loss of revenue resulting from the lodging establishment's inability to rent or lease the room during the time period the lodging establishment room is being repaired; and

(b) to any person who is injured in person or property; and

(2) a parent or legal guardian of a minor to pay restitution for damages resulting from any acts of the minor in violation of an innkeeper's rights under Section 29-2-103.