2007 Minnesota Statutes

CHAPTER 327. HOTELS, MOTELS, RESORTS, AND MANUFACTURED HOMES

327.01 [Repealed, 1982 c 517 s 9]

327.02 [Repealed, 1982 c 517 s 9]

327.03 [Repealed, 1982 c 517 s 9]

327.04 [Repealed, 1982 c 517 s 9]

327.05 [Repealed, 1982 c 517 s 9]

327.06 [Repealed, 1982 c 517 s 9]

327.07 [Repealed, 1982 c 517 s 9]

327.08 [Repealed, 1982 c 517 s 9]

327.09 [Repealed, 1982 c 517 s 9]

327.091 [Repealed, 1982 c 517 s 9]

327.095 [Repealed, 1982 c 517 s 9]

HOTELS, MOTELS, AND RESORTS

327.10 LODGING ESTABLISHMENT OPERATOR, DUTIES.
Every person operating within this state a recreational camping area, lodging house, hotel or
motel, or resort furnishing sleeping or overnight stopping accommodations for transient guests,
shall provide and keep thereat a suitable guest register for the registration of all guests provided
with sleeping accommodations or other overnight stopping accommodations thereat; and every
such guest shall be registered therein. Upon the arrival of every such guest, the operator of the
establishment shall require the guest to enter in such register, or enter for the guest therein, in
separate columns provided in such register, the name and home address of the guest and every
person, if any, with the guest as a member of the party; and if traveling by motor vehicle, the make
of such vehicle, registration number, and other identifying letters or characters appearing on the
official number plate carried thereon, including the name of the state issuing such official plate.
Such registration shall be kept in an accurate and orderly manner and retained for one year so that
the same will be always accessible for inspection by the proper authorities.
History: (10536-5) 1937 c 186 s 1; 1951 c 428 s 16; 1969 c 427 s 1; 1981 c 365 s 9; 1986 c
444; 1993 c 286 s 27

327.11 GUEST, REGISTRATION.
Every person, upon arriving at any lodging house, recreational camping area, hotel or motel
or other resort described in sections 327.10 to 327.13 and applying for guest accommodations
therein of the character described in section 327.10, shall furnish to the operator or other
attendant in charge of the establishment the registration information necessary to complete the
registration in accordance with the requirements of section 327.10, and shall not be provided with
accommodations unless and until such information shall be so furnished.
History: (10536-6) 1937 c 186 s 2; 1951 c 428 s 17; 1969 c 427 s 2; 1981 c 365 s 9; 1986 c
444; 1993 c 286 s 28

327.12 REGISTRATION RECORDS, INSPECTION.
The registration records provided for in sections 327.10 to 327.13 shall be open to the
inspection of all law enforcement officers of the state and its subdivisions.
History: (10536-7) 1937 c 186 s 3

327.13 VIOLATION.
Every person who shall violate any of the provisions of sections 327.10 to 327.12 shall
be guilty of a misdemeanor.
History: (10536-8) 1937 c 186 s 4

327.131 FRAUD.
A person who (1) obtains food, lodging, or other accommodations at a recreational camping
area without paying for it, and with intent to defraud the owner or manager of the recreational
camping area or (2) obtains credit at a recreational camping area by or through any false pretense,
or by or through the aid, assistance, or influence of any baggage or effects in the possession and
control of, but not actually belonging to, the person shall be guilty of a misdemeanor.
History: 1982 c 642 s 7; 1986 c 444

MANUFACTURED HOME PARKS

AND CAMPING AREAS

327.14 DEFINITIONS.
    Subdivision 1. Terms. For the purposes of sections 327.10, 327.11, 327.14 to 327.28 the
terms defined in this section have the meanings given them.
    Subd. 2. Manufactured home. "Manufactured home" has the meaning specified in section
327.31, subdivision 6.
    Subd. 3. Manufactured home park. "Manufactured home park" means any site, lot, field or
tract of land upon which two or more occupied manufactured homes are located, either free of
charge or for compensation, and includes any building, structure, tent, vehicle or enclosure used
or intended for use as part of the equipment of the manufactured home park.
    Subd. 4. Municipality. "Municipality" means any city, town or township in this state,
however organized.
    Subd. 5. Primary license. "Primary license" means the initial license issued to the first
person, firm or corporation to establish and maintain, conduct or operate a manufactured home
park or recreational camping area at any one location.
    Subd. 6. Annual license. "Annual license" means a renewal license issued to the person,
firm or corporation operating a previously licensed manufactured home park or recreational
camping area.
    Subd. 7. Recreational camping vehicle. "Recreational camping vehicle" when used in
sections 327.14 to 327.28 includes the following:
(a) any vehicular, portable structure built on a chassis, designed to be used as a temporary
dwelling for travel, recreational, and vacation uses;
(b) any structure designed to be mounted on a truck chassis for use as a temporary dwelling
for travel, recreation, and vacation;
(c) any portable, temporary dwelling to be used for travel, recreation, and vacation,
constructed as an integral part of a self-propelled vehicle; and
(d) any folding structure, mounted on wheels and designed for travel, recreation, and
vacation use.
    Subd. 8. Recreational camping area. "Recreational camping area" means any area,
whether privately or publicly owned, used on a daily, nightly, weekly, or longer basis for the
accommodation of five or more tents or recreational camping vehicles free of charge or for
compensation. "Recreational camping area" excludes:
(1) children's camps;
(2) industrial camps;
(3) migrant labor camps, as defined in Minnesota Statutes and state commissioner of health
rules;
(4) United States Forest Service camps;
(5) state forest service camps;
(6) state wildlife management areas or state-owned public access areas which are restricted
in use to picnicking and boat landing; and
(7) temporary holding areas for self-contained recreational camping vehicles created by and
adjacent to motor sports facilities, if the chief law enforcement officer of an affected jurisdiction
determines that it is in the interest of public safety to provide a temporary holding area.
History: 1951 c 428 s 1; 1965 c 668 s 1-3; 1969 c 427 s 3-8; 1973 c 123 art 5 s 7; 1977 c 305
s 45; 1981 c 365 s 9; 1982 c 516 s 2; 1982 c 526 art 3 s 3; 1982 c 642 s 6; 1996 c 451 art 4 s 61

327.15 LICENSE REQUIRED; RENEWAL; PLANS FOR EXPANSION.
No person, firm or corporation shall establish, maintain, conduct or operate a manufactured
home park or recreational camping area within this state without first obtaining a license therefor
from the state Department of Health. Any person, firm, or corporation desiring to operate either a
manufactured home park or a recreational camping area on the same site in connection with the
other, need only obtain one license. A license shall expire and be renewed as prescribed by the
commissioner pursuant to section 144.122. The license shall state the number of manufactured
home sites and recreational camping sites allowed according to state commissioner of health
approval. No renewal license shall be issued if the number of sites specified in the application
exceeds those of the original application unless the plans for expansion or the construction for
expansion are first approved by the Department of Health. Any manufactured home park or
recreational camping area located in more than one municipality shall be dealt with as two separate
manufactured home parks or camping areas. The license shall be conspicuously displayed in the
office of the manufactured home park or camping area. The license is not transferable as to place.
History: 1951 c 428 s 2; 1965 c 668 s 4; 1969 c 427 s 9; 1974 c 471 s 18; 1975 c 310 s
33; 1977 c 305 s 45; 1981 c 365 s 9

327.16 LICENSE APPLICATION.
    Subdivision 1. Made to state Department of Health. The application for license to operate
and maintain a manufactured home park or recreational camping area shall be made to the state
Department of Health, at such office and in such manner as may be prescribed by that department.
    Subd. 2. Contents. The applicant for a primary license or annual license shall make
application in writing upon a form provided by the state Department of Health setting forth:
(1) The full name and address of the applicant or applicants, or names and addresses of
the partners if the applicant is a partnership, or the names and addresses of the officers if the
applicant is a corporation.
(2) A legal description of the site, lot, field, or tract of land upon which the applicant
proposes to operate and maintain a manufactured home park or recreational camping area.
(3) The proposed and existing facilities on and about the site, lot, field, or tract of land for
the proposed construction or alteration and maintaining of a sanitary community building for
toilets, urinals, sinks, wash basins, slop-sinks, showers, drains, laundry facilities, source of water
supply, sewage, garbage and waste disposal; except that no toilet facilities shall be required in any
manufactured home park which permits only manufactured homes equipped with toilet facilities
discharging to water carried sewage disposal systems; and method of fire and storm protection.
(4) The proposed method of lighting the structures and site, lot, field, or tract of land upon
which the manufactured home park or recreational camping area is to be located.
(5) The calendar months of the year which the applicant will operate the manufactured home
park or recreational camping area.
(6) Plans and drawings for new construction or alteration, including buildings, wells,
plumbing and sewage disposal systems.
    Subd. 3. Fees; approval. The application for the primary license shall be submitted
with all plans and specifications enumerated in subdivision 2, and payment of a fee in an
amount prescribed by the state commissioner of health pursuant to section 144.122 and shall be
accompanied by an approved zoning permit from the municipality or county wherein the park is
to be located, or a statement from the municipality or county that it does not require an approved
zoning permit. The fee for the annual license shall be in an amount prescribed by the state
commissioner of health pursuant to section 144.122. All license fees paid to the commissioner of
health shall be turned over to the state treasury. The fee submitted for the primary license shall be
retained by the state even though the proposed project is not approved and a license is denied.
When construction has been completed in accordance with approved plans and specifications
the state commissioner of health shall promptly cause the manufactured home park or recreational
camping area and appurtenances thereto to be inspected. When the inspection and report has been
made and the state commissioner of health finds that all requirements of sections 327.10, 327.11,
327.14 to 327.28, and such conditions of health and safety as the state commissioner of health
may require, have been met by the applicant, the state commissioner of health shall forthwith
issue the primary license in the name of the state.
    Subd. 4. Sanitary facilities. During the pendency of the application for such primary
license any change in the sanitary or safety facilities of the intended manufactured home park
or recreational camping area shall be immediately reported in writing to the state Department
of Health through the office through which the application was made. If no objection is made
by the state Department of Health to such change in such sanitary or safety facilities within 60
days of the date such change is reported, it shall be deemed to have the approval of the state
Department of Health.
    Subd. 5. Permit. When the plans and specifications have been approved, the state
Department of Health shall issue an approval report permitting the applicant to construct or make
alterations upon a manufactured home park or recreational camping area and the appurtenances
thereto according to the plans and specifications presented.
Such approval does not relieve the applicant from securing building permits in municipalities
that require permits or from complying with any other municipal ordinance or ordinances,
applicable thereto, not in conflict with this statute.
    Subd. 6. Denial of construction. If the application to construct or make alterations upon a
manufactured home park or recreational camping area and the appurtenances thereto or a primary
license to operate and maintain the same is denied by the state commissioner of health, the
commissioner shall so state in writing giving the reason or reasons for denying the application.
If the objections can be corrected the applicant may amend the application and resubmit it for
approval, and if denied the applicant may appeal from the decision of the state commissioner of
health as provided in section 144.99, subdivision 10.
History: 1951 c 428 s 3; 1961 c 375 s 1; 1965 c 668 s 5-9; 1969 c 427 s 10; 1974 c 471
s 19,20; 1975 c 310 s 34; 1977 c 305 s 45; 1981 c 365 s 9; 1982 c 526 art 3 s 4; 1986 c 444;
1993 c 206 s 21; 1993 c 286 s 29

327.17 [Repealed, 1959 c 562 s 1]

327.18 [Repealed, 1993 c 206 s 25]

327.19 [Repealed, 1965 c 668 s 14]

327.20 RULES.
    Subdivision 1. Rules. No domestic animals or house pets of occupants of manufactured
home parks or recreational camping areas shall be allowed to run at large, or commit any
nuisances within the limits of a manufactured home park or recreational camping area. Each
manufactured home park or recreational camping area licensed under the provisions of sections
327.10, 327.11, 327.14 to 327.28 shall, among other things, provide for the following, in the
manner hereinafter specified:
    (1) A responsible attendant or caretaker shall be in charge of every manufactured home park
or recreational camping area at all times, who shall maintain the park or area, and its facilities and
equipment in a clean, orderly and sanitary condition. In any manufactured home park containing
more than 50 lots, the attendant, caretaker, or other responsible park employee, shall be readily
available at all times in case of emergency.
    (2) All manufactured home parks shall be well drained and be located so that the drainage
of the park area will not endanger any water supply. No wastewater from manufactured homes
or recreational camping vehicles shall be deposited on the surface of the ground. All sewage
and other water carried wastes shall be discharged into a municipal sewage system whenever
available. When a municipal sewage system is not available, a sewage disposal system acceptable
to the state commissioner of health shall be provided.
    (3) No manufactured home shall be located closer than three feet to the side lot lines of a
manufactured home park, if the abutting property is improved property, or closer than ten feet to a
public street or alley. Each individual site shall abut or face on a driveway or clear unoccupied
space of not less than 16 feet in width, which space shall have unobstructed access to a public
highway or alley. There shall be an open space of at least ten feet between the sides of adjacent
manufactured homes including their attachments and at least three feet between manufactured
homes when parked end to end. The space between manufactured homes may be used for
the parking of motor vehicles and other property, if the vehicle or other property is parked at
least ten feet from the nearest adjacent manufactured home position. The requirements of this
paragraph shall not apply to recreational camping areas and variances may be granted by the state
commissioner of health in manufactured home parks when the variance is applied for in writing
and in the opinion of the commissioner the variance will not endanger the health, safety, and
welfare of manufactured home park occupants.
    (4) An adequate supply of water of safe, sanitary quality shall be furnished at each
manufactured home park or recreational camping area. The source of the water supply shall first
be approved by the state Department of Health.
    (5) All plumbing shall be installed in accordance with the rules of the state commissioner of
labor and industry and the provisions of the Minnesota Plumbing Code.
    (6) In the case of a manufactured home park with less than ten manufactured homes, a plan
for the sheltering or the safe evacuation to a safe place of shelter of the residents of the park in
times of severe weather conditions, such as tornadoes, high winds, and floods. The shelter or
evacuation plan shall be developed with the assistance and approval of the municipality where
the park is located and shall be posted at conspicuous locations throughout the park. The park
owner shall provide each resident with a copy of the approved shelter or evacuation plan, as
provided by section 327C.01, subdivision 1c. Nothing in this paragraph requires the Department
of Health to review or approve any shelter or evacuation plan developed by a park. Failure of a
municipality to approve a plan submitted by a park shall not be grounds for action against the
park by the Department of Health if the park has made a good faith effort to develop the plan and
obtain municipal approval.
    (7) A manufactured home park with ten or more manufactured homes, licensed prior to
March 1, 1988, shall provide a safe place of shelter for park residents or a plan for the evacuation
of park residents to a safe place of shelter within a reasonable distance of the park for use
by park residents in times of severe weather, including tornadoes and high winds. The shelter
or evacuation plan must be approved by the municipality by March 1, 1989. The municipality
may require the park owner to construct a shelter if it determines that a safe place of shelter is
not available within a reasonable distance from the park. A copy of the municipal approval and
the plan shall be submitted by the park owner to the Department of Health. The park owner
shall provide each resident with a copy of the approved shelter or evacuation plan, as provided
by section 327C.01, subdivision 1c.
    (8) A manufactured home park with ten or more manufactured homes, receiving a primary
license after March 1, 1988, must provide the type of shelter required by section 327.205, except
that for manufactured home parks established as temporary, emergency housing in a disaster area
declared by the President of the United States or the governor, an approved evacuation plan may
be provided in lieu of a shelter for a period not exceeding 18 months.
    (9) For the purposes of this subdivision, "park owner" and "resident" have the meaning given
them in section 327C.01.
    Subd. 2. Health and safety. The state Department of Health may prescribe such rules for the
operation and maintenance of manufactured home parks or recreational camping areas and for
safeguarding the health and safety of persons occupying licensed manufactured home parks and
recreational camping areas as the department shall deem to be necessary and expedient. Such
rules pertaining to health and safety shall have the force and effect of law.
    Subd. 3. Streets and roadways. A manufactured home park owner shall maintain streets and
roadways in the park so as to permit passage of emergency vehicles and normal resident travel.
History: 1951 c 428 s 7; 1965 c 668 s 11; 1969 c 427 s 12; 1977 c 305 s 45; 1979 c 264 s 1;
1981 c 365 s 9; 1982 c 526 art 3 s 5; 1985 c 248 s 70; 1987 c 195 s 1; 1993 c 206 s 22; 1993 c
286 s 30; 1994 c 592 s 2; 1997 c 203 art 2 s 29; 2007 c 140 art 12 s 10

327.201 STATE FAIR AND COUNTY FAIR CAMPING AREAS.
    Subdivision 1. State Fair camping areas. Notwithstanding sections 327.14 to 327.28 or
any rule adopted by the commissioner of health, the State Agricultural Society must operate and
maintain a camping area on the State Fairgrounds during the State Fair and the Minnesota Street
Rod Association's Back to the 50's event, subject to the following conditions:
    (1) recreational camping vehicles and tents, including their attachments, must be separated
from each other and from other structures by at least seven feet;
    (2) a minimum area of 300 square feet per site must be provided and the total number of sites
must not exceed one site for every 300 square feet of usable land area; and
    (3) each site must face a driveway at least 16 feet in width and each driveway must have
unobstructed access to a public roadway.
    Subd. 2. County fair camping areas. Notwithstanding sections 327.14 to 327.28, or any
rule adopted by the commissioner of health, any area maintained by a county agricultural society
as a camping area during a county fair or any other event is subject to the conditions specified
in subdivision 1, clauses (1) to (3).
History: 2005 c 15 s 1; 2006 c 281 art 4 s 22; 2007 c 45 art 1 s 59

327.202 STATE FAIR LIVESTOCK AND MIDWAY EXHIBITORS.
During the State Fair, a person may sleep in a vehicle in a designated State Fairgrounds
parking lot if the vehicle displays a valid exhibitor parking permit.
History: 2005 c 15 s 2

327.205 SHELTER CONSTRUCTION STANDARDS.
    The commissioner of labor and industry shall adopt, by rule, minimum standards for the
construction of low cost manufactured home park storm shelters by March 1, 1988. All shelters
constructed after March 1, 1988, shall be constructed in accordance with these standards.
History: 1987 c 195 s 2; 2007 c 140 art 12 s 11

327.21 [Repealed, 1965 c 668 s 14]

327.22 [Repealed, 1961 c 375 s 5]

327.23 CONSTRUCTION OF TERMS; MUNICIPAL PARKS.
    Subdivision 1. State parks. Nothing in sections 327.10, 327.11, 327.14 to 327.28 should be
construed to include any of the state parks in Minnesota.
    Subd. 2. Manufactured home park. (a) The term "manufactured home park" shall not be
construed to include:
(1) manufactured homes, buildings, tents or other structures temporarily maintained by any
individual or company on premises associated with a work project and used exclusively to house
labor or other personnel occupied in such work project; or
(2) two or fewer manufactured homes maintained by an individual or company on premises
associated with an agricultural operation in an area zoned agricultural, provided the homes:
(i) are located within 100 yards of an existing residence on those premises;
(ii) are used exclusively to house either family of the individual, at least one of whose
members is engaged in agricultural work on the premises, or agricultural labor as defined in
section 3121(g) of the Internal Revenue Code; and
(iii) meet the requirements of sections 327.31 to 327.35, and Minnesota Rules, chapter 1350,
and parts 4630.0600, subpart 1; 4630.0700; 4630.1200; 4630.3500; and 4715.0310.
(b) The Department of Health may by rule prescribe such sanitary facilities as it may deem
necessary to provide for the sanitation of such structures and the safety of the occupants thereof.
    Subd. 2a. Seasonal agricultural operations. The term "manufactured home park" shall not
be construed to include up to four manufactured homes maintained by an individual or a company
on premises associated with a seasonal agricultural operation, in an area zoned agricultural, and
used exclusively to house individuals or families performing labor as defined in section 3121(g)
of the Internal Revenue Code if:
(1) the manufactured homes are equipped with indoor plumbing facilities and meet the
standards for water and sanitation established in Minnesota Rules, parts 4630.0600, subpart 1;
4630.0700; 4630.1200; 4630.3500; and 4715.0310;
(2) each manufactured home provides at least 80 square feet of indoor living space for
each of its inhabitants;
(3) the manufactured homes and their installation comply with section 327.34, subdivision 1,
and Minnesota Rules, chapter 1350;
(4) the individual or company maintaining the manufactured homes, with the assistance
and approval of the political subdivision where the homes are located, develops and posts in
conspicuous locations near the homes, a shelter or safe evacuation plan in the event of severe
weather conditions, such as tornadoes, high winds, and floods; and
(5) the individual or company maintains the homes in a clean, orderly, and sanitary condition.
    Subd. 3. Municipal parks. Any manufactured home park or recreational camping area
owned or operated by any municipality or political subdivision of this state shall meet all sanitary
and safety provisions of sections 327.10, 327.11, 327.14 to 327.28, shall be inspected as herein
provided, pay all fees, and make all reports, as herein required of a licensee.
History: 1951 c 428 s 10; 1961 c 375 s 2; 1965 c 668 s 12; 1969 c 427 s 13,14; 1981 c 365 s
9; 1985 c 248 s 70; 1991 c 287 s 1; 2005 c 79 s 1; 1Sp2005 c 1 art 1 s 89

327.24 ENFORCEMENT.
    Subdivision 1.[Repealed, 1993 c 206 s 25]
    Subd. 2.[Repealed, 1993 c 206 s 25]
    Subd. 3. Private remedies. Any person injured or threatened with injury by a violation of
sections 327.14 to 327.28 or of the rules of the Department of Health applicable to manufactured
home parks may bring a private action in any court of competent jurisdiction.
History: 1951 c 428 s 11; 1965 c 668 s 13; 1969 c 427 s 15; 1981 c 365 s 9; 1982 c 526
art 3 s 6; 1985 c 248 s 70

327.25 OPERATION, PART OF YEAR.
If any applicant for a manufactured home park license desires to operate such manufactured
home park only during the months from May 1 to October 1, the applicant shall pay the above
mentioned annual license fee. If in the opinion of the state Department of Health the sanitary
and facility requirements herein contained are too rigid for the seasonal manufactured home
parks, the department may in writing or by rule modify such requirements as circumstances may
permit and require.
History: 1951 c 428 s 12; 1961 c 375 s 3; 1969 c 427 s 16; 1981 c 365 s 9; 1985 c 248 s
70; 1986 c 444

327.26 LOCAL AUTHORITY OVER PARKS AND CAMPING AREAS.
    Subdivision 1. Local licenses prohibited. No municipality may impose any license (1) upon
any licensed manufactured home park or recreational camping area, or (2) upon any occupant of a
licensed manufactured home park.
    Subd. 2. Local law enforcement. Any municipality which enacts or has enacted laws or
ordinances relating to the safety and protection of persons and property is empowered to enforce
the laws or ordinances within any manufactured home park or recreational camping area located
in the municipality, notwithstanding the fact that the park or area may constitute private property.
History: 1951 c 428 s 13; 1969 c 427 s 17; 1973 c 123 art 5 s 7; 1982 c 526 art 3 s 7;
1993 c 286 s 31

327.27 REGULATORY PROVISIONS.
    Subdivision 1. Fire extinguishers. Each manufactured home owner shall provide each
manufactured home with a fire marshal approved type extinguisher, kept in constant usable
condition. No manufactured home may be parked more than three days without a usable fire
extinguisher in the manufactured home.
    Subd. 2. State speed limit. Except as provided in subdivision 2a, it shall be unlawful for
any type vehicle to travel at a rate in excess of ten miles per hour while within the limits of a
manufactured home park or recreational camping area. The ten miles per hour limit shall be
clearly posted throughout the manufactured home park or recreational camping area, and may be
enforced by the municipality in which the park or area is located.
    Subd. 2a. Local speed limit. A municipality may, by ordinance, set and enforce in a
manufactured home park a speed limit which is higher than ten miles per hour but which is
not higher than 30 miles per hour. The local speed limit shall be clearly posted throughout the
manufactured home park.
    Subd. 3.[Repealed, 1969 c 427 s 22]
    Subd. 4. Certain practices prohibited. No animal washing, car washing, or other slop
creating practices shall be carried on in any building, structure or other place not designated for
such purposes. No pets or domesticated animals shall be allowed to enter the buildings containing
the sanitary or washing facilities for the manufactured home park.
History: 1951 c 428 s 14; 1969 c 427 s 18-20; 1981 c 365 s 9; 1982 c 526 art 3 s 8,9

327.28 UNLAWFUL PARKING OF MANUFACTURED HOMES.
Where a licensed manufactured home park is reasonably available in the general area it
shall be unlawful for any person to occupy any manufactured home located elsewhere than in a
licensed manufactured home park unless adequate sanitary and water facilities are provided for
occupants' use 24 hours each day. This section shall not apply to manufactured homes parked
under section 327.23, subdivision 2.
History: 1951 c 428 s 15; 1959 c 562 s 4; 1961 c 375 s 4; 1969 c 427 s 21; 1981 c 365 s 9

327.29 [Repealed, 1981 c 19 s 1]

MANUFACTURED HOME BUILDING CODE

327.31 DEFINITIONS.
    Subdivision 1. Terms. Unless clearly indicated otherwise by the context, the terms defined
by this section have the meanings given them.
    Subd. 2. Authorized representative. "Authorized representative" means any person, firm or
corporation, or employee thereof, approved or hired by the commissioner of labor and industry to
perform inspection services.
    Subd. 3. Manufactured Home Building Code. "Manufactured Home Building Code"
means, for manufactured homes manufactured after July 1, 1972, and prior to June 15, 1976,
the standards code promulgated by the American National Standards Institute and identified as
ANSI A119.1, including all revisions thereof in effect on May 21, 1971, or the provisions of the
National Fire Protection Association and identified as NFPA 501B, and further revisions adopted
by the commissioner of labor and industry.
    "Manufactured Home Building Code" means, for manufactured homes constructed after June
14, 1976, the manufactured home construction and safety standards promulgated by the United
States Department of Housing and Urban Development which are in effect at the time of the
manufactured home's manufacture.
    Subd. 4. Commissioner. "Commissioner" means the commissioner of labor and industry.
    Subd. 5. Dealer. "Dealer" means any person engaged in the sale, leasing, or distribution of a
manufactured home primarily to persons who purchase or lease for other than resale.
    Subd. 6. Manufactured home. "Manufactured home" means a structure, transportable in
one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body
feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities, and includes the plumbing, heating, air conditioning,
and electrical systems contained therein; except that the term includes any structure which meets
all the requirements and with respect to which the manufacturer voluntarily files a certification
required by the secretary and complies with the standards established under this chapter.
    Subd. 6a. Individual. "Individual" means a human being.
    Subd. 7. Person. "Person" means any individual, limited liability company, corporation,
partnership, incorporated or unincorporated association, sole proprietorship, joint stock company,
or any other legal or commercial entity.
    Subd. 8. Seal. "Seal" means a device or insignia issued by the commissioner to be displayed
on the manufactured home to evidence compliance with the Manufactured Home Building Code.
    Subd. 9. Support system. "Support system" means any foundation system or other structural
method used for the purpose of supporting a manufactured home at the site of occupancy.
    Subd. 10. Anchoring system. "Anchoring system" means any method used for the purpose
of securing the manufactured home to a foundation system or the ground.
    Subd. 11. Manufactured home installer. "Manufactured home installer" means any person,
firm, or corporation that installs or repairs a manufactured home for others at the site of occupancy.
    Subd. 12. Installation seal. "Installation seal" means a device or insignia issued by the
commissioner to a manufactured home installer to be displayed on the manufactured home to
evidence compliance with the commissioner's rules pertaining to manufactured home installations.
    Subd. 13. Label. "Label" means the approved form of certification required by the secretary
or its agents to be affixed to each transportable section of each manufactured home manufactured
for sale, after June 14, 1976, to a purchaser in the United States.
    Subd. 14. Manufacturer. "Manufacturer" means any person engaged in manufacturing or
assembling manufactured homes, including any person engaged in importing manufactured
homes for sale.
    Subd. 15. Purchaser. "Purchaser" means the first individual purchasing a manufactured
home in good faith for purposes other than resale.
    Subd. 16. Distributor. "Distributor" means any person engaged in the sale and distribution
of manufactured homes for resale.
    Subd. 17. Installation. "Installation" of a manufactured home means assembly, at the site
of occupancy, of all portions of a manufactured home, connection of the manufactured home to
existing utility connections and installation of support and/or anchoring systems.
    Subd. 18. Secretary. "Secretary" means the secretary of the United States Department of
Housing and Urban Development or the head of any successor agency with responsibility for
enforcement of federal laws relating to manufactured homes.
    Subd. 19. Manufactured home accessory structure. "Manufactured home accessory
structure" means a factory built building or structure which is an addition or supplement to a
manufactured home and, when installed, becomes a part of the manufactured home.
    Subd. 20. Foundation system. "Foundation system" means a permanent foundation
constructed in conformance with the State Building Code.
History: 1971 c 409 s 1; 1973 c 370 s 1; 1974 c 273 s 1,2; 1981 c 365 s 1; 1993 c 9 s
5; 2007 c 140 art 4 s 29-34

327.32 CODE COMPLIANCE.
    Subdivision 1. Requirement. No person shall sell, or offer for sale, in this state, any
manufactured home manufactured after July 1, 1972, manufacture any manufactured home in
this state or park any manufactured home manufactured after July 1, 1972, in any manufactured
home park in this state unless the manufactured home complies with the Manufactured Home
Building Code and:
(a) Bears a seal issued by the commissioner, and is, whenever possible, accompanied by a
certificate by the manufacturer or dealer, both evidencing that it complies with the Manufactured
Home Building Code; or
(b) If manufactured after June 14, 1976, bears a label as required by the secretary.
    Subd. 2. Seals. The commissioner shall issue seals for any manufactured home manufactured
after July 1, 1972, and prior to June 15, 1976, to any person upon application supported by
evidence the commissioner deems necessary to establish that the seals will be affixed only to
manufactured homes which comply with the Manufactured Home Building Code.
    Subd. 3. Alterations. No person shall alter any manufactured home to which a seal or
label has been affixed if the alteration causes the manufactured home to be in violation of the
Manufactured Home Building Code. The commissioner may make rules regarding alterations
and permits therefor.
    Subd. 4. Exception. Notwithstanding the provisions of subdivision 1, a manufactured
home dwelling unit bearing a label issued by the secretary shall not be required to bear a seal
of this state. Upon a showing that another state provides for the sealing of manufactured homes
manufactured after July 1, 1972, and prior to June 15, 1976, upon compliance with standards
which are at least equal to those provided in the Manufactured Home Building Code, the
commissioner shall, by rule, provide that a seal affixed under the authority of that state has the
same effect as a seal affixed under authority of this state, and thereafter any manufactured home
which bears the seal of that state shall not be required to bear the seal of this state as provided in
subdivision 1. The commissioner may make any rule contingent upon the other state granting
reciprocal effect to seals affixed under authority of this state.
    Subd. 5. Effect of compliance. No manufactured home which bears a seal or label as
provided in this section shall be required by any agency or political subdivision of this state
to comply with any other building, plumbing, heating, or electrical code or any construction
standards other than the Manufactured Home Building Code nor be subject to any other state
or local building inspection, except as the commissioner shall, by rule, provide in the case of
alterations, manufactured home accessory structures and installations, or except as otherwise
provided by federal or state law. No manufactured home installation or manufactured home
accessory structure shall be required by any agency or political subdivision of this state to comply
with any installation standards other than those adopted and promulgated by the commissioner.
Nothing in this section shall be construed to inhibit the application of zoning, subdivision,
architectural, or esthetic requirements pursuant to chapter 462.
    Subd. 6. Prohibition. No person shall install any manufactured home or manufactured home
accessory structure in violation of any rule promulgated by the commissioner. The commissioner
shall issue installation seals to any manufactured home installer upon application supported by
evidence the commissioner deems necessary to establish that the seals will be affixed only to
those manufactured homes where the installation complies with the commissioner's rules. No
person shall install a manufactured home in a manufactured home park as defined in section
327.14, subdivision 3, which is located within a governmental subdivision which has enacted an
ordinance requiring that manufactured homes within its jurisdiction be secured by an anchoring
system, unless the manufactured home is secured by an anchoring system which complies with
the commissioner's rules.
    Subd. 7. Enforcement. All jurisdictions enforcing the State Building Code, in accordance
with sections 16B.59 to 16B.73, shall undertake or provide for the administration and enforcement
of the manufactured home installation rules promulgated by the commissioner.
    Subd. 8. Evidence of compliance. Each manufacturer, distributor, and dealer shall establish
and maintain records, make reports, and provide information as the commissioner or the
secretary may reasonably require to be able to determine whether the manufacturer, distributor,
or dealer has acted or is acting in compliance with sections 327.31 to 327.35, and shall, upon
request of a person duly designated by the commissioner or the secretary, permit that person to
inspect appropriate books, papers, records, and documents relevant to determining whether that
manufacturer, distributor, or dealer has acted or is acting in compliance with sections 327.31 to
327.35, and the National Manufactured Home Construction and Safety Standards Act of 1974,
United States Code, title 42, section 5401, et seq., as amended by the National Manufactured
Housing Construction and Safety Standards Act, Title VI, Manufactured Housing Improvement
Act of 2000, or other applicable federal or state law.
History: 1971 c 409 s 2; Ex1971 c 48 s 27; 1974 c 273 s 3,4; 1981 c 365 s 2; 1984 c 544 s
89; 1994 c 465 art 1 s 43; 2007 c 140 art 4 s 35

327.33 ADMINISTRATION.
    Subdivision 1. Inspections. The commissioner shall, through the department's inspectors
or through a designated recognized inspection service acting as authorized representative of the
commissioner perform sufficient inspections of manufacturing premises and manufactured homes
to ensure compliance with sections 327.31 to 327.35. The commissioner shall have the exclusive
right to conduct inspections, except for the inspections conducted or authorized by the secretary.
    Subd. 2. Fees. The commissioner shall by rule establish reasonable fees for seals, installation
seals and inspections which are sufficient to cover all costs incurred in the administration of
sections 327.31 to 327.35. The commissioner shall also establish by rule a monitoring inspection
fee in an amount that will comply with the secretary's fee distribution program. This monitoring
inspection fee shall be an amount paid by the manufacturer for each manufactured home produced
in Minnesota. The monitoring inspection fee shall be paid by the manufacturer to the secretary.
The rules of the fee distribution program require the secretary to distribute the fees collected from
all manufactured home manufacturers among states approved and conditionally approved based
on the number of new manufactured homes whose first location after leaving the manufacturer is
on the premises of a distributor, dealer or purchaser in that state.
    Subd. 3. Administration and enforcement rules. The commissioner may adopt other rules
as may be necessary to administer and enforce sections 327.31 to 327.35. The rules shall, to the
extent practicable, be uniform with those adopted by other states. All rules shall be adopted in the
manner prescribed by sections 14.001 to 14.69.
    Subd. 4. Installation rules. The commissioner shall adopt rules governing the installation of
manufactured homes, and shall include them in the State Building Code. The rules may include a
list of specific safety items to be inspected at the time of installation.
    Subd. 5. Accessory structures rules. The commissioner shall adopt rules governing the
construction and installation of manufactured home accessory structures including, but not limited
to, rules relating to the certification of prefabricated manufactured home accessory structures.
Upon showing that another state provides for certification of prefabricated manufactured home
accessory structures manufactured in compliance with standards at least equal to those established
by the commissioner, the commissioner may by rule provide that any structure bearing certification
affixed under the authority of that state shall not be required to bear the certification of this state.
    Subd. 6. Authorization as agency. The commissioner shall apply to the secretary for
approval of the commissioner as the administrative agency for the regulation of manufactured
homes under the rules of the secretary. The commissioner may make rules for the administration
and enforcement of department responsibilities as a state administrative agency including, but not
limited to, rules for the handling of citizen's complaints. All money received for services provided
by the commissioner or the department's authorized agents as a state administrative agency shall
be deposited in the construction code fund. The commissioner is charged with the adoption,
administration, and enforcement of the Manufactured Home Construction and Safety Standards,
consistent with rules and regulations promulgated by the United States Department of Housing
and Urban Development. The commissioner may adopt the rules, codes, and standards necessary
to enforce the standards promulgated under this section. The commissioner is authorized to
conduct hearings and presentations of views consistent with regulations adopted by the United
States Department of Housing and Urban Development and to adopt rules in order to carry out
this function.
    Subd. 7. Employees. The commissioner may appoint such employees within the Department
of Labor and Industry as deemed necessary for the administration of sections 327.31 to 327.35.
History: 1971 c 409 s 3; 1974 c 273 s 5; 1981 c 365 s 3; 1982 c 424 s 130; 1985 c 248 s 70;
1986 c 444; 1987 c 384 art 2 s 1; 1990 c 422 s 10; 1994 c 465 art 1 s 44; 1997 c 202 art 2 s 43;
2007 c 135 art 8 s 3,4; 2007 c 140 art 4 s 36-38

327.34 PENALTIES.
    Subdivision 1. Generally. It shall be a misdemeanor for any person,
(a) to sell, lease, or offer to sell or lease, any manufactured home manufactured after July
1, 1972 which does not comply with the Manufactured Home Building Code or which does not
bear a seal or label as required by sections 327.31 to 327.34, unless the action is subject to the
provisions of section 327.35;
(b) to affix a seal or label, or cause a seal or label to be affixed, to any manufactured home
which does not comply with the Manufactured Home Building Code unless the action is subject
to the provisions of section 327.35;
(c) to alter a manufactured home manufactured after July 1, 1972, in a manner prohibited by
sections 327.31 to 327.34;
(d) to fail to correct a Manufactured Home Building Code violation in a manufactured home
manufactured after July 1, 1972, which is owned, manufactured, or sold by that person, within 40
days of being ordered to do so in writing by an authorized representative of the commissioner,
unless the correction is subject to the provisions of section 327.35; or
(e) to interfere with, obstruct, or hinder any authorized representative of the commissioner
in the performance of duties relating to manufactured homes manufactured after July 1, 1972,
and prior to June 15, 1976.
    Subd. 2.[Repealed, 1981 c 365 s 11]
    Subd. 3. Removal of seals. Manufactured home seals remain the property of the Department
of Labor and Industry and may be removed by the commissioner from any manufactured home
which is in violation of the Manufactured Home Building Code.
    Subd. 3a. Failure to comply with installation rules. No person may install a manufactured
home or manufactured home accessory structure at a site of occupancy which does not comply
with the rules of the commissioner or the laws of this state relating to manufactured home
installation or manufactured home accessory structures. A violation of this subdivision is
a misdemeanor.
    Subd. 4. Failure to affix installation seal. It shall be a misdemeanor for any manufactured
home installer to install any manufactured home at the site of occupancy without affixing
installation seals to the manufactured home immediately upon completion of installation.
History: 1971 c 409 s 4; 1974 c 273 s 6-8; 1981 c 365 s 4-7; 1986 c 444; 1994 c 465 art 1 s
45; 2007 c 140 art 4 s 39

327.35 FINES; MANUFACTURED HOMES PRODUCED AFTER JUNE 14, 1976.
    Subdivision 1. Monetary penalty. Notwithstanding the penalty amount of section 326B.082,
subdivisions 7 and 12, any person who violates any provision of this section is liable to the state
of Minnesota for a monetary penalty of not to exceed $1,000 for each violation. Each violation
involving a separate manufactured home or involving a separate failure or refusal to allow or
perform any act required by this section constitutes a separate violation, except that the maximum
monetary penalties for any related series of violations occurring within one year from the date of
the first violation may not exceed $1,000,000.
    Subd. 2. Willful violations. Any individual or a director, officer, or agent of a corporation
who knowingly and willfully violates any provision of this section in a manner which threatens
the health or safety of any purchaser shall be guilty of a gross misdemeanor.
    Subd. 3. General prohibition. No person shall manufacture for sale, lease, sell, offer for sale
or lease, or introduce or deliver into the state of Minnesota any manufactured home manufactured
after June 14, 1976, which does not comply with the manufactured home construction and safety
standards promulgated by the secretary. This subdivision does not apply:
(a) to any sale or offer for sale made after the first purchase of a manufactured home in good
faith for purposes other than resale;
(b) to any person who establishes that there was no reason to know in the exercise of due
care that a manufactured home is not in conformity with applicable federal manufactured home
construction and safety standards;
(c) to any person, who prior to first purchase, holds a certificate issued by the manufacturer
or importer of the manufactured home certifying that the manufactured home conforms to all
applicable federal manufactured home construction and safety standards, unless the person knows
that the manufactured home does not conform; or
(d) to any manufactured home intended solely for export, and so labeled or tagged on the
manufactured home itself and on the outside of the container, if any, in which it is to be exported.
    Subd. 4. Access for information gathering. No person shall fail or refuse to permit the
commissioner or an authorized agent access at any reasonable time to or the copying of records,
or fail to make reports available or provide information, or fail or refuse to permit reasonable
entry or inspection at any reasonable time of any manufactured home manufactured after June 14,
1976 or reasonable inspection of any related records pertaining to the manufactured home.
    Subd. 5. Notice of defects. No manufacturer, dealer, or distributor shall fail to notify the
purchaser of any manufactured home manufactured after June 14, 1976, of any defect in the
manufactured home which the manufacturer, dealer, or distributor determines, in good faith,
constitutes a violation of any federal manufactured home construction and safety standard
or constitutes an imminent safety hazard to the purchaser of the manufactured home, within a
reasonable time after the manufacturer, dealer, or distributor discovers the defect.
    Subd. 6. Compliance with final order. No person shall fail to comply with a final order
issued under the requirements of the federal Manufactured Home Construction and Safety
Standards Act of 1974, United States Code, title 42, section 5401, et seq., as amended.
    Subd. 7. Issuance of labels. No person shall fail to issue a label if required to do so under
the rules adopted by and pursuant to the federal Manufactured Home Construction and Safety
Standards Act of 1974, United States Code, title 42, section 5401, et seq., as amended. No person
shall issue a label to the effect that a manufactured home conforms to all applicable federal
manufactured home construction and safety standards if that person in the exercise of due care has
reason to know that the labeling is false or misleading in any material respect.
History: 1981 c 365 s 8; 1984 c 628 art 3 s 11; 1986 c 444; 2007 c 140 art 4 s 40,41

327.36 APPLICATION TO LOCAL OFFICIAL CONTROLS.
For purposes of local land use controls adopted before August 1, 1981, pursuant to chapters
462, 394, and 366 or special law, mobile homes shall be defined to include the term "manufactured
homes" as used in sections 327.31 to 327.34, 327.35 and this section.
History: 1981 c 365 s 10

327.41 [Repealed, 1982 c 526 art 2 s 20]

327.42 [Repealed, 1982 c 526 art 2 s 20]

327.43 [Repealed, 1982 c 526 art 2 s 20]

327.44 [Repealed, 1982 c 526 art 2 s 20]

327.441 [Repealed, 1982 c 526 art 2 s 20]

327.45 [Repealed, 1982 c 526 art 2 s 20]

327.451 [Repealed, 1982 c 526 art 2 s 20]

327.452 [Repealed, 1982 c 526 art 2 s 20]

327.46 [Repealed, 1982 c 526 art 2 s 20]

327.47 [Repealed, 1982 c 526 art 2 s 20]

327.51 [Repealed, 1982 c 526 art 1 s 14]

327.52 [Repealed, 1982 c 526 art 1 s 14]

327.53 [Repealed, 1982 c 526 art 1 s 14]

327.54 [Repealed, 1982 c 526 art 1 s 14]

327.55 [Repealed, 1982 c 526 art 1 s 14]

327.551 [Repealed, 1982 c 526 art 1 s 14]

327.552 [Repealed, 1982 c 526 art 1 s 14]

327.553    Subdivision 1.[Repealed, 1982 c 526 art 1 s 14]
    Subd. 2.[Repealed, 1982 c 526 art 1 s 14]
    Subd. 3.[Repealed, 1982 c 526 art 1 s 14]
    Subd. 4.[Repealed, 1982 c 526 art 1 s 14]

327.554 [Repealed, 1982 c 526 art 1 s 14]

327.56 [Repealed, 1982 c 526 art 1 s 14]

MANUFACTURED HOME REPOSSESSION

SECURITY ACT

327.61 CITATION.
Sections 327.61 to 327.67 may be cited as the Manufactured Home Repossession Security
Act of 1975.
History: 1976 c 250 s 1; 1981 c 365 s 9

327.62 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of sections 327.61 to 327.67, unless the context
clearly indicates otherwise, the terms defined in the Uniform Commercial Code, as adopted in this
state, and the terms defined in this section have the meanings given them.
    Subd. 2. Manufactured home. "Manufactured home" means a manufactured home,
as defined in section 327.31, subdivision 6, which is located in this state, which is subject
to a security interest or other valid encumbrance, and which is the principal residence of the
manufactured home's occupant; provided, that when used in section 327.63, subdivision 2, the
term also includes a manufactured home which is not the principal residence of the occupant.
History: 1976 c 250 s 2; 1982 c 526 art 3 s 10

327.63 APPLICABILITY.
    Subdivision 1. U.C.C. and chapter 565. To the extent that the procedures established by
sections 327.61 to 327.67 differ from the procedures established or authorized for repossession
of a manufactured home under the Uniform Commercial Code of this state, the provisions of
sections 327.61 to 327.67 shall supersede the code and shall govern the repossession of the
manufactured home. The procedures established by sections 327.61 to 327.67 must be satisfied
before a secured party may take any action pursuant to chapter 565.
    Subd. 2. Improvements to real property. Affixing a manufactured home to real estate does
not extinguish an otherwise valid security interest in the home. A manufactured home which is
affixed to real estate while not encumbered by a valid security interest shall be treated as an
improvement to real estate and sections 327.61 to 327.67 shall not apply to it. If real estate to
which an unencumbered manufactured home has been affixed as an improvement is subject to
proceedings under section 559.21 or chapter 580 or 581, the presence of the home on the real
estate does not necessitate any changed or additional procedures.
History: 1976 c 250 s 3; 1981 c 365 s 9; 1982 c 526 art 3 s 11; 1994 c 444 s 1

327.64 NOTICE OF DEFAULT; SERVICE.
    Subdivision 1. Generally. When a default occurs under the terms of a security agreement
covering a manufactured home as collateral, and the secured party desires to repossess the
manufactured home, the secured party shall commence the repossession in a manner authorized
by this section.
    Subd. 2. Notice; service. A secured party may commence repossession of a manufactured
home by personally serving upon the occupant of the mobile home a notice and, if the occupant is
not the debtor, by sending a registered or certified letter to the last known address of the debtor
under the security agreement, both setting forth the circumstances constituting the default under
the security agreement and stating that the secured party will at the expiration of a 30-day period
following receipt of the notice seek a court order removing the occupant from the manufactured
home and repossessing the manufactured home, unless the debtor or the occupant acting on behalf
of the debtor cures the default prior to that time and in the manner provided by section 327.66. If
notice is mailed to a debtor in accordance with this subdivision, the secured party by affidavit
shall set forth the circumstances causing the secured party to believe that the debtor could be
reached at the address to which the notice was mailed. The affidavit shall state that the secured
party has no reason to believe that the debtor might receive mailed notice at another address.
History: 1976 c 250 s 4; 1981 c 365 s 9; 1994 c 444 s 2

327.65 COURT ORDER.
Except in cases of voluntary repossession, upon expiration of the 30-day period specified
in the notices required by section 327.64, a secured party must apply to the district court in the
county in which the manufactured home is located for an order pursuant to chapter 565 directing
the seizure and delivery of the manufactured home. The application shall be accompanied by a
copy of the security agreement entitling the secured party to repossession of the manufactured
home and by the affidavit required by section 327.64 if notice is mailed to the debtor. The notices
required by section 327.64 shall not be considered as satisfying any of the notice requirements
under chapter 565.
History: 1976 c 250 s 5; 1982 c 526 art 3 s 12; 1994 c 444 s 3

327.66 CURE OF DEFAULT.
A debtor, or an occupant of a manufactured home acting on behalf of a debtor, may within
the 30 day period specified in the notices required by section 327.64, cure a default by tendering
full payment of the sums then in arrears under the terms of the security agreement, or by otherwise
remedying the default, and by paying the reasonable costs, not to exceed the sum of $15, incurred
by the secured party to enforce the security agreement. Cure of a default in accordance with the
provisions of this section shall suspend the secured party's right to seek repossession of the
manufactured home under the provisions of sections 327.61 to 327.67.
History: 1976 c 250 s 6; 1982 c 526 art 3 s 13

327.67 FILING OF ORDER.
A secured party shall, in the manner provided by the Uniform Commercial Code of this
state, record a certified copy of the court order returning possession of a manufactured home to
the secured party to perfect title to the manufactured home in the secured party, except in cases
of voluntary repossession.
History: 1976 c 250 s 7; 1981 c 365 s 9

HOTELS

327.70 DEFINITIONS.
    Subdivision 1. Terms. For the purposes of sections 327.70 to 327.76, the terms defined in
this section have the meanings given them.
    Subd. 2. Guest. "Guest" means a person who is registered at a hotel and to whom a bedroom
is assigned. The term "guest" includes members of the guest's family who accompany the guest.
    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.
    Subd. 4. Innkeeper. "Innkeeper" means an owner or operator of a hotel.
    Subd. 5. Transient occupancy. "Transient occupancy" means occupancy when it is the
intention of the parties that the occupancy will be temporary. There is a rebuttable presumption
that, if the unit occupied is the sole residence of the guest, the occupancy is not transient. There
is a rebuttable presumption that, if the unit occupied is not the sole residence of the guest, the
occupancy is transient.
    Subd. 6. Valuables. "Valuables" includes money, bank notes, bonds, precious stones,
jewelry, ornaments, watches, securities, transportation tickets, photographic cameras, checks,
drafts, and other negotiable instruments, business papers, documents, and other papers, and
other articles of value.
History: 1982 c 517 s 1; 1993 c 151 s 1

327.71 INNKEEPER LIABILITY FOR THE PERSONAL PROPERTY OF GUESTS.
    Subdivision 1. Valuables. No innkeeper who has in the establishment a fireproof, metal
safe or vault, in good order and fit for the custody of valuables, and who keeps a copy of this
subdivision clearly and conspicuously posted at or near the front desk and on the inside of the
entrance door of every bedroom, shall be liable for the loss of or injury to the valuables of a guest
unless: (1) the guest has offered to deliver the valuables to the innkeeper for custody in the safe or
vault; and (2) the innkeeper has omitted or refused to take the valuables and deposit them in the
safe or vault for custody and to give the guest a receipt for them. Except as otherwise provided in
subdivision 6, the liability of an innkeeper for the loss of or injury to the valuables of a guest shall
not exceed $1,000. No innkeeper shall be required to accept valuables for custody in the safe or
vault if their value exceeds $1,000, unless the acceptance is in writing.
    Subd. 2. Property in baggage room. No innkeeper shall be liable for the loss of or damage to
baggage, parcels, packages or wearing material of a guest that has been delivered to the innkeeper
for custody elsewhere than in the room assigned to the guest, or in the hotel safe or vault, unless
the innkeeper has given the guest a check or receipt in writing evidencing the delivery. Except as
otherwise provided in subdivision 6, the liability of an innkeeper for the loss of or damage to
property delivered to the innkeeper for custody under this subdivision shall not exceed $1,000.
    Subd. 3. Large items of special value. No innkeeper shall be liable for the loss of or damage
to baggage or other receptacles of a guest, containing property of special value, and not suitable
to be placed in the hotel safe or vault unless: (1) the property is delivered to the innkeeper for
custody; (2) the guest, prior to the loss or damage, has filed with the innkeeper a written inventory
of the property and its approximate value; (3) the innkeeper has been given an opportunity to
inspect the property and to check it against the inventory; and (4) the innkeeper has given the guest
a check or receipt evidencing the delivery. The liability of an innkeeper for the loss of or damage
to property delivered for custody under this subdivision shall not exceed the actual value of the
receptacle and its contents or the amount of the actual injury to the receptacle and its contents.
    Subd. 4. Property in assigned room. Except as otherwise provided in subdivision 6, no
innkeeper shall be liable in an amount exceeding $1,000 for the loss of or damage to personal
property of a guest that is contained in the bedroom registered to the guest.
    Subd. 5. Abandoned property. Except as otherwise provided in subdivision 6, no innkeeper
shall be liable for the loss of or damage to valuables or personal property of a guest that the
guest has allowed to remain in the hotel after the relationship of innkeeper and guest has ceased,
or that the guest has forwarded to the hotel before the relationship of innkeeper and guest has
begun. If the valuables or personal property remain at the hotel for a period of at least ten days
without having been claimed by the owner, the innkeeper has the right to deposit them in a
storage warehouse, and to take a warehouse receipt in the name of the owner. An innkeeper
who deposits valuables or personal property of a guest in a storage warehouse shall hold the
warehouse receipt for the owner, and deliver it to the owner upon demand and upon payment of
the costs of storage. The innkeeper may also dispose of abandoned, unclaimed property in the
manner provided in sections 345.01 to 345.07.
    Subd. 6. Fault or negligence of innkeeper. An innkeeper who, intentionally or negligently,
causes the loss of or damage to valuables or property delivered for custody as provided in
subdivisions 1 and 2, to property contained in the assigned room of a guest as provided in
subdivision 4, or to abandoned valuables or property not delivered to a storage warehouse
provided in subdivision 5, shall be liable to the guest for either the actual value of the valuables or
the property, or the amount of the actual injury to the valuables or the property.
History: 1982 c 517 s 2; 1986 c 444

327.72 OVERSTAYING GUESTS.
A guest who intentionally continues to occupy an assigned room in a hotel beyond the
scheduled departure date without the prior written approval of the innkeeper shall be deemed to
be a trespasser.
History: 1982 c 517 s 3

327.73 UNDESIRABLE GUESTS; EJECTION OF, AND REFUSAL TO ADMIT.
    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:
(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.
    Subd. 2. Refusal of admission. (a) An innkeeper may refuse to admit or refuse service or
accommodations to a person who:
(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.
    Subd. 3. Penalty. A guest or person who remains or attempts to remain in a hotel after
having been requested to leave for the reason or reasons specified in this section is guilty of
a misdemeanor.
    Subd. 4. Discrimination prohibited. Notwithstanding the above, the removal of or the
refusal to admit a guest or person under this section shall not be based on a discriminatory reason
otherwise deemed unlawful by section 363A.11 or 363A.19.
History: 1982 c 517 s 4; 1993 c 151 s 2,3

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.
History: 1993 c 151 s 4

327.74 SETTING FIRE TO HOTEL BELONGINGS.
    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.
    Subd. 2. Notice required. In every sleeping room of every hotel, a notice shall be posted in a
conspicuous place, advising the occupant of the provisions of this section.
History: 1982 c 517 s 5; 1993 c 151 s 5

327.742 SMOKING IN DESIGNATED NONSMOKING ROOMS.
    Subdivision 1. Smoking prohibited. No person shall smoke cigarettes, cigars, pipes, or
other smoking material in a hotel sleeping room designated nonsmoking.
    Subd. 2. Penalty. A person who violates this section is guilty of a petty misdemeanor. Upon
conviction, the court may require a person who violates this section to reimburse the innkeeper
for actual costs, not to exceed $100, incurred to restore the room to its previolation condition.
    Subd. 3. Notice. Innkeepers shall post signs conspicuously in all nonsmoking sleeping rooms
stating that smoking is not permitted and advising occupants of the provisions of this section.
History: 1993 c 66 s 1

327.75 FRAUD; PROOF OF FRAUD.
    Subdivision 1. Fraud. A person who obtains food, lodging or other accommodations at any
hotel or restaurant without paying therefor, with intent to defraud the owner or manager, or who
obtains credit for food, lodging, or other accommodations at any hotel or restaurant, with intent
to defraud the owner or manager, is guilty of a misdemeanor.
    Subd. 2. Proof of fraud. Prima facie evidence of the fraudulent intent referred to in
subdivision 1 includes:
(a) proof that the person obtained the services or credit for the services by false pretense, or
by false or fictitious show or pretense of baggage or other property;
(b) proof that the person refused or neglected to pay for the services upon demand;
(c) proof that the person gave in payment of the services negotiable paper on which payment
was refused;
(d) proof that the person absconded without offering to pay for the services; or
(e) proof that the person surreptitiously removed or attempted to remove baggage owned
by that person.
History: 1982 c 517 s 6; 1986 c 444

327.76 INNKEEPER'S LIEN.
    Subdivision 1. Lien created. An innkeeper shall have a lien upon the valuables, baggage or
other property of a guest brought into the innkeeper's hotel, for the proper charges due on account
of the guest's accommodation, board, room and lodging, for all money paid out for or advanced
to the guest, for extras furnished to the guest at the guest's written request, and for the costs of
enforcing the lien. The innkeeper's lien right is in addition to the innkeeper's right to recover
payment from the guest under other legal or equitable theories or causes of action. However,
possession of the valuables, baggage or other property subject to the lien may be taken, and the
lien enforced, only in the manner provided in subdivisions 2 and 3.
    Subd. 2. Possession prior to final judgment. The lien created in subdivision 1 may be
enforced only after final judgment in an action brought to recover the charges and moneys.
During the pendency of the proceeding, the plaintiff may take possession of the valuables,
baggage or other property upon an order issued by the court, if it appears to the court from an
affidavit filed by or on behalf of the plaintiff that the valuables, baggage or other property is about
to be destroyed, substantially devalued or removed from the premises. Ten days' written notice
of the hearing on the motion for the order shall be served on the defendant and shall inform the
defendant that affidavits may be filed and testimony presented on behalf of the defendant, and that
if the defendant fails to appear the plaintiff will apply to the court for the order. The plaintiff shall
file a bond approved by the court conditioned for the return of the property to the defendant, if a
return be adjudged, and for the payment to defendant of any sum adjudged against the plaintiff.
The bond shall be in the amount fixed by the court. Upon an order issued by the court, the plaintiff
shall have the right to take possession of the valuables, baggage or other property pending final
judgment in the plaintiff's action to recover charges or moneys owed.
    Subd. 3. Final judgment; sale. If final judgment is entered by the court for the defendant on
the merits of the action, the plaintiff shall return possession of the valuables, baggage or other
property to the defendant and pay to the defendant costs incurred by the defendant in defending
against the plaintiff's claim. If final judgment is entered by the court in favor of the plaintiff, and if
the judgment is not satisfied within 30 days, the valuables, baggage or other property subject to
the innkeeper's lien may be sold at public auction to satisfy the lien, the costs of the action to
enforce the lien, and the costs of sale. The sale shall be made by a sheriff upon the notice and in
the manner provided for in sections 550.18 to 550.20.
History: 1982 c 517 s 7; 1986 c 444; 2005 c 10 art 2 s 4