H.B. 223

1

INNKEEPER'S RIGHTS ACT MODIFICATIONS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephen E. Sandstrom
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Innkeeper's Rights Act to address the conditions under which an
10 innkeeper may refuse or deny accommodations, facilities, or privileges.
11 Highlighted Provisions:
12 This bill:
13 . modifies the provision under which an innkeeper may refuse or deny
14 accommodations, facilities, or privileges related to a person bringing in firearms or
15 explosives; and
16 . makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 29-2-103, as enacted by Laws of Utah 1995, Chapter 231
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 29-2-103 is amended to read:
27 29-2-103. Innkeeper's rights -- Liability -- Prohibition on discrimination.

28 (1) An innkeeper may:
29 (a) refuse or deny accommodations, facilities, or privileges of a lodging establishment
30 to [any] a person who is:
31 (i) unwilling or unable to pay for the accommodations and services of the lodging
32 establishment;
33 (ii) visibly intoxicated;
34 (iii) creating a public nuisance;
35 (iv) in the reasonable belief of the innkeeper, seeking accommodations for [any] an
36 unlawful purpose, including:
37 (A) the unlawful possession or use of a controlled [substances] substance in violation
38 of federal or state law; or
39 (B) use of the premises for the consumption of [alcoholic beverages by any] an
40 alcoholic beverage by a person under 21 years of age in violation of federal or state law; or
41 (v) in the reasonable belief of the innkeeper, bringing [in] onto the accommodations
42 property that may be dangerous to other persons[,]:
43 (A) including [firearms or explosives;] an explosive; and
44 (B) except that an innkeeper may refuse or deny accommodations, facilities, or
45 privileges to a person for bringing a firearm onto the accommodations, only for the unlawful
46 possession or unlawful use of the firearm;
47 (b) require a prospective guest [prior to] before check-in to demonstrate the guest's
48 ability to pay [either]:
49 (i) in cash[,];
50 (ii) by credit card[,]; or
51 (iii) with a validated check;
52 (c) require a parent or legal guardian of a minor to:
53 (i) promise in writing to pay [all]:
54 (A) the guest room costs, taxes, and charges incurred by the minor at a lodging
55 establishment; and [any damages]
56 (B) for damage to the lodging establishment and its furnishings caused by the minor
57 while a guest at the lodging establishment;
58 (ii) provide an innkeeper with a valid credit card number to cover potential charges and

59 [any] potential [damages] damage to the lodging establishment and its furnishings caused by
60 the minor; or
61 (iii) if a valid credit card is not an option, provide an innkeeper with:
62 (A) an advance cash payment to cover the guest room costs and taxes for the
63 anticipated stay of the minor; and
64 (B) a deposit, not to exceed $500, towards the payment of [any] the charges by the
65 minor or [any damages] for damage to the lodging establishment or its furnishings[, which
66 deposit shall be] if the deposit is refunded to the extent not used to cover [any damages]
67 damage as determined by the innkeeper following room inspection at check-out;
68 (d) require a guest to produce a valid driver's license, or other identification satisfactory
69 to the innkeeper, containing a photograph and the name and address of the guest;
70 (e) if the guest is a minor, require a parent or guardian of the guest to register and
71 produce the same identification required in Subsection (1)(d);
72 (f) limit the number of persons who may occupy a guest room in the lodging
73 establishment;
74 (g) eject a person from a lodging establishment for any of the following reasons:
75 (i) nonpayment of the lodging establishment's charges for accommodations or services;
76 (ii) visible intoxication of the guest;
77 (iii) disorderly conduct of the guest resulting in a public nuisance; or
78 (iv) in the reasonable belief of the innkeeper [reasonably believes that], the person has
79 violated:
80 (A) this chapter or [any] a federal, state, or local law or regulation relating to the
81 lodging establishment; or
82 (B) [any] a rule of the lodging establishment posted in a conspicuous place and manner
83 in the lodging establishment.
84 (2) An innkeeper may not refuse or deny use of or eject a person from a lodging
85 establishment's facilities or privileges based upon the person's race, creed, color, national
86 origin, gender, disability, or marital status.

Legislative Review Note
as of 1-19-11 10:10 AM

Office of Legislative Research and General Counsel