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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  
    Laws of Minnesota 1993 

                        CHAPTER 151-S.F.No. 403 
           An act relating to housing and hotels; amending 
          reasons for innkeeper ejection and refusal to admit 
          persons; establishing parent or guardian 
          responsibility for guests who are minors; establishing 
          liability for damage to hotel or personal property or 
          injury to persons; increasing the penalty for setting 
          fire to hotel belongings; requiring notice; amending 
          Minnesota Statutes 1992, sections 327.70, subdivision 
          3; 327.73, subdivisions 1 and 2; and 327.74, 
          subdivision 1; proposing coding for new law in 
          Minnesota Statutes, chapter 327. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 327.70, 
subdivision 3, is amended to read: 
    Subd. 3.  [HOTEL.] "Hotel" means a hotel, motel, resort, 
boarding house, bed and breakfast, furnished apartment house or 
other building, which is kept, used or advertised as, or held 
out to the public to be, a place where sleeping or housekeeping 
accommodations are supplied for pay to guests for transient 
occupancy.  
    Sec. 2.  Minnesota Statutes 1992, section 327.73, 
subdivision 1, is amended to read: 
    Subdivision 1.  [INNKEEPER'S RIGHT TO EJECT.] (a) An 
innkeeper may remove or cause to be removed from a hotel a guest 
or other person who, while on the premises of the hotel, acts in 
a disorderly manner, destroys or threatens to destroy hotel 
property, or causes or threatens to cause a public disturbance.: 
    (1) refuses or is unable to pay for accommodations or 
services; 
    (2) while on the premises of the hotel acts in an obviously 
intoxicated or disorderly manner, destroys or threatens to 
destroy hotel property, or causes or threatens to cause a 
disturbance; 
    (3) the innkeeper reasonably believes is using the premises 
for the unlawful possession or use of controlled substances by 
the person in violation of chapter 152, or using the premises 
for the consumption of alcohol by a person under the age of 21 
years in violation of section 340A.503; 
    (4) the innkeeper reasonably believes has brought property 
into the hotel that may be dangerous to other persons, such as 
firearms or explosives; 
    (5) violates any federal, state, or local laws, ordinances, 
or rules relating to the hotel; or 
    (6) violates a rule of the hotel that is clearly and 
conspicuously posted at or near the front desk and on the inside 
of the entrance door of every guest room. 
    (b) If the guest has paid in advance, the innkeeper shall 
tender to the guest any unused portion of the advance payment at 
the time of removal. 
    Sec. 3.  Minnesota Statutes 1992, section 327.73, 
subdivision 2, is amended to read: 
    Subd. 2.  [REFUSAL OF ADMISSION.] (a) An innkeeper may 
refuse to admit or refuse service or accommodations to a person 
who, while on or near the premises, acts in a disorderly manner, 
destroys or threatens to destroy hotel property, or causes or 
threatens to cause a public disturbance.:  
    (1) while on the premises of the hotel acts in an obviously 
intoxicated or disorderly manner, destroys or threatens to 
destroy hotel property, or causes or threatens to cause a public 
disturbance; 
    (2) the innkeeper reasonably believes is seeking 
accommodations for the unlawful possession or use of controlled 
substances in violation of chapter 152 or the use of the 
premises for the consumption of intoxicating liquor by a person 
under the age of 21 years in violation of section 340A.503; or 
    (3) the innkeeper reasonably believes is bringing property 
into the hotel that may be dangerous to other persons, such as 
firearms or explosives. 
    (b) An innkeeper also may refuse to admit or refuse service 
or accommodations to a person who refuses or is unable to pay 
for the accommodations or services.  An innkeeper may require 
the prospective guest to demonstrate an ability to pay.  An 
innkeeper may require a parent or guardian of a minor to accept 
liability for the proper charges for the minor's accommodation, 
board, room, lodging, and any damages to the guest room or its 
furniture or furnishings caused by the minor, and provide a 
credit card to cover the charges.  When the parent or guardian 
cannot provide a credit card, the innkeeper may require the 
parent or guardian to make an advance cash deposit to cover the 
charges for the guest room, plus a cash damage deposit in an 
amount not exceeding $100 for payment of any additional charges 
by the minor or any damages to the guest room or its furniture 
or furnishings.  The innkeeper shall refund the damage deposit 
to the extent it is not used to cover any reasonable charges or 
damages. 
    (c) An innkeeper may limit the number of persons who may 
occupy a particular guest room in the hotel. 
    Sec. 4.  [327.731] [LIABILITY; NOTICE.] 
    Subdivision 1.  [LIABILITY.] (a) A person who negligently 
or intentionally causes damage to the hotel or any furniture or 
furnishings within the hotel, is liable for damages sustained by 
the innkeeper, including the hotel's loss of revenue resulting 
from the inability to rent or lease rooms while the damage is 
being repaired. 
    (b) A person who negligently or intentionally causes injury 
to any person or damage to any personal property of the person 
on the hotel premises is liable for the injury or damage.  
    (c) A parent or guardian of a minor also is liable for acts 
of the minor described in paragraphs (a) and (b), if the parent 
or guardian provides a credit card or an advance cash deposit 
under section 327.73, subdivision 2, paragraph (b). 
    Subd. 2.  [NOTICE REQUIRED.] An innkeeper shall keep a copy 
of section 327.73 and this section clearly and conspicuously 
posted at or near the front desk and on the inside of the 
entrance door of every guest room. 
     Sec. 5.  Minnesota Statutes 1992, section 327.74, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PENALTY.] A person in a hotel who, by 
smoking or attempting to light or smoke cigarettes, cigars, 
pipes, or other smoking material, in any manner in which 
lighters or matches are used, negligently sets fire to a part of 
the building, or any furniture or furnishings within the 
building, so as to endanger life or property in any way or to 
any extent, is guilty of a gross misdemeanor. 
     Sec. 6.  [EFFECTIVE DATE.] 
    Section 5 is effective October 1, 1993, and applies to 
crimes committed on or after that date. 
    Presented to the governor May 11, 1993 
    Signed by the governor May 13, 1993, 3:01 p.m.