H.B. 223

This document includes House Floor Amendments incorporated into the bill on Fri, Feb 4, 2011 at 10:50 AM by lerror. --> 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:
12a H. . amends definitions; .H
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 H. [ None ] This bill provides an effective date. .H
21 Utah Code Sections Affected:
22 AMENDS:
22a H. 29-2-102 (Superseded 07/01/11), as enacted by Laws of Utah 1995, Chapter 231
22b 29-2-102 (Effective 07/01/11), as last amended by Laws of Utah 2010, Chapter 276 .H
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:
25a H. Section 1. Section 29-2-102 is amended to read:
25b 29-2-102 (Superseded 07/01/11). Definitions.
25c As used in this chapter:

25d H. (1) "Accommodation" means a room, apartment, suite, or similar space in a lodging
25e establishment that:
25f (a) is provided for sleeping; and
25g (b) can be rented independently.
25h [ (1) ] (2) "Alcoholic beverage" has the same meaning as provided in Section 32A-1-105.
25i [ (2) ] (3) "Controlled substance" has the same meaning as provided in Section 58-37-2.
25j [ (3) ] (4) "Guest" means a person for whom an innkeeper was paid to provide temporary
25k sleeping accommodations in a lodging establishment.
25l [ (4) ] (5) "Innkeeper" means the proprietor or designated employee of a proprietor of a
25m lodging establishment.
25n [ (5) ] (6) "Lodging establishment" means a place providing temporary sleeping
25o accommodations to the public, including any of the following:
25p (a) a bed and breakfast establishment;
25q (b) a boarding house;
25r (c) a hotel;
25s (d) an inn;
25t (e) a lodging house;
25u (f) a motel;
25v (g) a resort; or
25w (h) a rooming house.
25x [ (6) ] (7) "Minor" means an unemancipated person younger than 18 years of age.
25y Section 2. Section 29-2-102 is amended to read:
25z 29-2-102 (Effective 07/01/11). Definitions.
25aa As used in this chapter:
25ab (1) "Accommodation" means a room, apartment, suite, or similar space in a lodging
25ac establishment that:
25ad (a) is provided for sleeping; and
25ae (b) can be rented independently.
25af [ (1) ] (2) "Alcoholic beverage" has the same meaning as provided in Section 32B-1-102.
25ag [ (2) ] (3) "Controlled substance" has the same meaning as provided in Section 58-37-2.
25ah [ (3) ] (4) "Guest" means a person for whom an innkeeper was paid to provide temporary
25ai sleeping accommodations in a lodging establishment.
25aj [ (4) ] (5) "Innkeeper" means the proprietor or designated employee of a proprietor of a
25ak lodging establishment.
25al [ (5) ] (6) "Lodging establishment" means a place providing temporary sleeping
25am accommodations to the public, including any of the following:
25an (a) a bed and breakfast establishment;
25ao (b) a boarding house;
25ap (c) a hotel;.H

25aq (d) an inn;
25ar (e) a lodging house;
25as (f) a motel;
25at (g) a resort; or
25au (h) a rooming house.
25av [ (6) ] (7) "Minor" means an unemancipated person younger than 18 years of age. .H
26 Section H. [ 1 ] 3 .H . 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) H. subject to Subsection (3), .H in the reasonable belief of the innkeeper, bringing
41a [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.
86a H. (3)(a) If a person brings a firearm onto the accommodations of a lodging establishment,
86b the innkeeper of the lodging establishment is not criminally or civilly liable for any injury,
86c damage to property, or loss that results from the person bringing a firearm onto the
86d accommodations of the lodging establishment.
86e (b) Subsection (3)(a) does not apply if the innkeeper solicits, requests, commands, encourages,
86f or intentionally aids the person with a firearm in discharging the firearm while on the

86g lodging establishment.
86h Section 4. Effective date.
86i This bill takes effect on May 10, 2011, except that the amendments in this bill to Section
86j 29-2-102 (Effective 07/01/11) take effect on July 1, 2011. .H

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

Office of Legislative Research and General Counsel