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14  AN ACT concerning lodging establishments hotels; relating to rights and
15    duties of innkeepers and guests.
16
17  Be it enacted by the Legislature of the State of Kansas:
18    Section 1.  As used in this act:
19    (a)  ``Lodging establishment'' Hotel means the same as provided in
20  K.S.A. 36-501, and amendments thereto;
21    (b)  ``innkeeper'' means the owner, operator, manager or keeper of a
22  lodging establishment hotel;
23    (c)  ``minor'' means an unemancipated person under the age of 18
24  years;
25    (d)  ``alcoholic liquor'' means the same as provided in subsection (b)
26  of K.S.A. 41-102, and amendments thereto;
27    (e)  ``cereal malt beverage'' means the same as provided in subsection
28    (a) of K.S.A. 41-2701, and amendments thereto;
29    (f)  ``controlled substance'' means the same as provided in K.S.A. 65-
30  4101 et seq., and amendments thereto;
31    Sec. 2.  An innkeeper shall have the right to refuse or deny any ac-
32  commodations, facilities or privileges of a lodging establishment hotel to:
33    (a)  Any person who is unwilling or unable to pay for accommodations
34  and services of the lodging establishment hotel. The innkeeper shall have
35  the right to require the prospective guest to demonstrate such prospective
36  guest's ability to pay by cash, valid credit card or a validated check;
37    (b)  any minor. The innkeeper may require a parent or legal guardian
38  of a minor or a representative of the entity responsible for payment
39  of the accommodation to: (1) Accept in writing liability of the guest
40  room costs, taxes, all charges by the minor and any damages to the guest
41  room, lodging establishment hotel and its furnishings caused by the mi-
42  nor while a guest at the lodging establishment hotel; and (2) provide the
43  innkeeper with a valid credit card number to cover the guest room costs,
SB 166--Am. by HCW
                                     

 1  taxes, charges by the minor and any damages to the guest room or its
 2  furnishings caused by the minor; or (3) if the credit card is not an option,
 3  give the innkeeper an advance cash payment to cover the guest room
 4  costs and taxes for all room nights reserved for the minor, plus reasonable
 5  cash deposit not to exceed $250 towards the payment of any charges by
 6  the minor for any damages to the guest room, lodging establishment hotel
 7  and its furnishings. The innkeeper shall refund such cash deposit to the
 8  extent not used to cover any such charges or any damages as determined
 9  by the innkeeper following room inspection at check-out;
10    (c)  any person who is engaged in disorderly conduct as defined in
11  K.S.A. 21-4101, and amendments thereto; and
12    (d)  any person who is on record by the lodging establishment hotel
13  as having violated the provisions contained in section 4 of this act in the
14  past.
15    Any innkeeper who refuses or denies such accommodations, facilities
16  or privileges of a lodging establishment hotel for any of the reasons spec-
17  ified in subsections (a) through (d) shall not be liable in any civil or crim-
18  inal action or for any fine or penalty based upon such refusal or denial,
19  except that such accommodation, facilities or privilege of a lodging estab-
20  lishment hotel shall not be refused or denied based upon the person's
21  race, religion, color, sex, disability, origin or ancestry.
22    Sec. 3.  Every guest of the lodging establishment hotel may be re-
23  quired by the innkeeper to produce a valid identification satisfactory to
24  the innkeeper, containing a photograph of the guest and setting forth the
25  name, age and residence of the guest. If the guest is a minor, the inn-
26  keeper may also require a parent of such guest to register and to accept,
27  in writing, liability for the guest's room costs, taxes and all charges by
28  such minor and any damages to the guest room, lodging establishment
29  hotel, its furnishings and lost revenue caused by such minor while a guest
30  at the lodging establishment hotel.
31    Sec. 4.  An innkeeper may eject a person from the lodging establish-
32  ment hotel premises, without return of such person's room rental pay-
33  ment, for any of the following reasons:
34    (a)  Nonpayment of the lodging establishment hotel's charges for ac-
35  commodations or services;
36    (b)  the person is engaged in disorderly conduct as defined in K.S.A.
37  21-4101, and amendments thereto, or has been the subject of complaints
38  from other guests of the lodging establishment hotel;
39    (c)  the person is using the premises for an unlawful act, including but
40  not limited to the unlawful use or possession of controlled substances by
41  such person in violation of K.S.A. 65-4101 et seq., and amendments
42  thereto or the use of the premises for the consumption of alcoholic liquor
43  or cereal malt beverage by any person under the age of 21 years in vio-
SB 166--Am. by HCW
                                     

 1  lation of K.S.A. 41-727, and amendments thereto;
 2    (d)  the person has brought property onto the lodging establishment
 3  hotel premises which may be dangerous to other persons as defined in
 4  K.S.A. 21-4201 et seq., and amendments thereto;
 5    (e)  the person is not a registered guest of the lodging establishment
 6  hotel;
 7    (f)  the person has exceeded the limitations for guest room occupancy
 8  established by the lodging establishment hotel;
 9    (g)  the person has obtained the accommodation under false pre-
10  tenses;
11    (h)  the person is a minor and is not under the supervision of the adult
12  who has obtained the accommodation;
13    (i)  the person has violated any federal, state or local laws or regula-
14  tions relating to the lodging establishment hotel; or
15    (j)  the person has violated any rule of the lodging establishment hotel
16  which is posted in a conspicuous place and manner in the lodging estab-
17  lishment hotel as provided in section 5, except that no such rule may
18  authorize the innkeeper to eject or to refuse or deny service or accom-
19  modations to a person because of race, religion, color, sex, disability, na-
20  tional origin or ancestry.
21    Sec. 5.  The innkeeper may secure is granted a lien on any personal
22  items left in the guest room of any person who is unwilling or unable to
23  pay for accommodations, services, damages and other charges owed to
24  the lodging establishment hotel against nonpayment of such charges.
25    Sec. 6 [5].  The innkeeper shall post a copy of this act together with
26  all rules of the lodging establishment, in a conspicuous place at or near
27  the guest registration desk or inside each guest room at the lodging es-
28  tablishment hotel.
29    Sec. 7 [6].  Violation of any of the provisions in this act shall be con-
30  sidered a class C misdemeanor.
31    Sec. 8.  This act shall take effect and be in force from and after its
32  publication in the statute book Kansas register.