1976 South Carolina Code of Laws
Updated through the end of the 2002 Session
Copyright and Disclaimer
The State of South Carolina owns the copyright to the Code of Laws of South Carolina, 1976, as contained herein. Any use of the text, section headings, or catchlines of the 1976 Code is subject to the terms of federal copyright and other applicable laws and such text, section headings, or catchlines may not be reproduced in whole or in part in any form or for inclusion in any material which is offered for sale or lease without the express written permission of the Chairman of the South Carolina Legislative Council or the Code Commissioner of South Carolina.
This statutory database is current through the 2002 Regular Session of the South Carolina General Assembly. Changes to the statutes enacted by the 2003 General Assembly, which will convene in January 2003, will be incorporated as soon as possible. Some changes enacted by the 2003 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, and users rely on the data entirely at their own risk.
The Legislative Council by law is charged with compiling and publishing the 1976 Code and it is maintained in a database which may be accessed for commercial purposes by contacting the Legislative Council or the office of Legislative Printing, Information and Technology Systems.
Title 45 - Hotels, Motels, Restaurants and Boardinghouses
SECTION 45-1-10. Hotels required to post rates.
Every transient hotel shall keep posted in a conspicuous place in the office a list of its charges for rooms, with or without meals, in accordance with the plan on which the hotel is operated, giving the exact transient rate, and shall also keep posted in each room the rate for that room, with or without meals, in accordance with its plan as stated above, giving the transient rate per day and week and the rate for each person in the room, as well as such rates for the fractional part of a day. No hotel shall charge a higher rate for a fractional part of a day than for a whole day. As used in this section the term "hotel" shall have the meaning stated in Section 45-5-10.
SECTION 45-1-20. Rights and remedies of innkeepers extended to keepers of boardinghouses.
Keepers of boardinghouses shall have the same rights and remedies for enforcing and collecting claims for board as are allowed by law to innkeepers or hotelkeepers.
SECTION 45-1-30. Sale of baggage or property left at hotel, inn or boardinghouse at auction to satisfy debt or obligation.
At any time after the expiration of ten days after the person incurring a debt or obligation has left a hotel, inn or boardinghouse, the debt or obligation being still due and unpaid, the owner or proprietor of the hotel, inn or boardinghouse may sell at public auction for cash at the hotel, inn or boardinghouse office any baggage or property left at the hotel, inn or boardinghouse to satisfy the debt or obligation, without any process at law or equity; provided, however, such sale be advertised by written or printed posters at three public places in the vicinity for at least ten days before the sale.
SECTION 45-1-40. Innkeeper's liability for loss of baggage, money, jewels, and other personal property.
"Innkeeper" as used in this section shall mean the proprietor of any hotel, inn, boardinghouse, motor court, or motel where beds or lodging are for hire. Whenever an innkeeper shall post and keep posted in a conspicuous manner in the room occupied by any guest a notice requiring such guest to bolt the door of his room, or on leaving his room to lock the door and leave the keys at the office, and also to deposit such money and jewels as are not ordinarily carried upon the person in the office safe, and the guest shall neglect to comply with the requirements of such notice, the innkeeper shall not be liable for the loss of any baggage of such guest which may be lost or stolen from his room or for the loss of any money or jewels not deposited in the safe. Provided, however, that notwithstanding the provisions of this section any innkeeper who by his own negligence contributes to the loss or damage to baggage or personal property, other than money or jewelry, from guest rooms, or to the loss or damage to money or jewelry from his safe, may be liable to the guest for the actual value of such baggage or personal property or five hundred dollars, whichever is less, or the actual value of such money or jewelry or two thousand dollars, whichever is less. Provided, however, that, notwithstanding the provisions of this section, any innkeeper who by his own wilfulness contributes to the loss or damage to the personal property of a guest shall not have his liability limited in any manner by the provisions of this section.
SECTION 45-1-50. Defrauding keeper of hotel, motel, inn, boarding house, rooming house, campground, cafe or restaurant.
(A) A person who:
(1) obtains food, lodging or other service, or accommodation at any hotel, motel, inn, boarding or rooming house, campground, cafe, or restaurant and intentionally absconds without paying for it; or
(2) while a guest at any hotel, motel, inn, boarding or rooming house, campground, cafe, or restaurant, intentionally defrauds the keeper in a transaction arising out of the relationship as guest, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both.
(B) For purposes of this section prima facie evidence of intent to defraud is shown by:
(1) the second refusal of payment upon presentation when due and the return unpaid of any bank check or order for the payment of money given by a guest to any hotel, motel, inn, boarding or rooming house, campground, cafe, or restaurant in payment of an obligation arising out of the relationship as guest. These facts also are prima facie evidence of an intent to abscond without payment;
(2) the failure or refusal of any guest at a hotel, motel, inn, boarding or rooming house, campground, cafe, or restaurant to pay, upon written demand, the established charge for food, lodging or other service, or accommodation;
(3) the giving of false information on a lodging registration form or the presenting of false or fictitious credentials for the purpose of obtaining lodging or credit;
(4) the drawing, endorsing, issuing, or delivering to any hotel, motel, inn, boarding or lodging house, campground, cafe, or restaurant of any check, draft, or order for payment of money upon any bank or other depository in payment for established charges for food, lodging, or other service or accommodation, knowing at the time that there is not sufficient credit with the drawee bank or other depository for payment in full of the instrument drawn.
(C) For purposes of this section, campground" means land and facilities of camp character organized to provide a temporary outdoor living experience for individuals or groups which has membership affiliation in recognized national and state campground organizations or which is listed in a guidebook published with support in part by the Department of Parks, Recreation and Tourism.
SECTION 45-1-80. Use of open bin ice dispensers.
Notwithstanding any other provision of law or regulations promulgated thereunder any motel, hotel or other similar establishment which provides living accommodations to the public may install, use and make available to the public open bin ice dispensers or a similar facility by whatever name designated.
SECTION 45-1-90. Hotel and motel rooms and other accommodations to be equipped with certain security devices; exceptions; penalties; application.
(A) Wherever fees are charged in this State for any rooms, lodgings, or accommodations furnished to transients by any hotel or motel, the rooms, lodgings, or accommodations so furnished must be equipped with:
(1) a lock system such as, but not limited to, a deadbolt, security chain, bar lock, or other state of the art security system which may be activated from the inside by the transient and which cannot be unlocked or removed from the outside except by an emergency key (E-key) or other management-controlled access plan; and
(2) a device such as view ports, side windows, or any other device which allows sight outside the door without opening the door or by opening the door not more than three inches.
The provisions of this subsection do not apply to tourist camps or campgrounds or to residences of any nature.
(B) Whoever fails to comply with the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than three hundred dollars or by imprisonment for not more than sixty days or by both fine and imprisonment in the discretion of the court. Every instance in which the required security devices are not provided as required under items (1) and (2) of subsection (A) constitutes a separate offense under this section for the purposes of prosecution and conviction.
(C) The requirements of this section apply to any hotel or motel having twenty or more rooms, lodgings, or accommodations furnished to transients for a fee.