Ch. 144 1997 Session Laws of Kansas 839
Be it enacted by the Legislature of the State of
Kansas:
Section 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.
65-4101 et seq., and amendments thereto.
Sec. 2. An innkeeper shall have the right to refuse or deny any
ac-
commodations, 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. 21-4101, and amendments thereto; and
(d) any person who is on record by the hotel as having violated
the
provisions contained in section 4 of this act in the past.
Any innkeeper who refuses or denies such accommodations,
facilities
840 1997 Session Laws of Kansas Ch. 144
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
ac-
commodation, 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.
Sec. 3. 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.
Sec. 4. An innkeeper may eject a person from the hotel
premises,
without return of such person's room rental payment, for any of the
fol-
lowing reasons:
(a) Nonpayment of the hotel's charges for accommodations or
serv-
ices;
(b) the person is engaged in disorderly conduct as defined in
K.S.A.
21-4101, 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. 65-4101 et seq., 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
vio-
lation 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 as defined in K.S.A. 21-4201 et
seq.,
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
pre-
tenses;
(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
regula-
tions 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 section 5,
ex-
cept that no such rule may authorize the innkeeper to eject or to
refuse
Ch. 144 1997 Session Laws of Kansas 841
or deny service or accommodations to a person because of race,
religion,
color, sex, disability, national origin or ancestry.
Sec. 5. 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.
Sec. 6. This act shall take effect and be in force from and
after its
publication in the Kansas register.
Approved April 24, 1997.
Published in the Kansas Register: May 1, 1997.