S 773 Session 110 (1993-1994)
S 0773 General Bill, By Wilson, Elliott, Lander, Reese and G. Smith
Similar(H 3890)
A Bill to amend Title 45, Code of Laws of South Carolina, 1976, relating to
hotels, motels, restaurants, and boarding houses, by adding Chapter 2, The
Lodging Establishment Act, so as to govern the lawful use of lodging
establishments and provide penalties for violations.
05/13/93 Senate Introduced and read first time SJ-9
05/13/93 Senate Referred to Committee on Labor, Commerce and
Industry SJ-9
A BILL
TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO HOTELS, MOTELS, RESTAURANTS, AND
BOARDING HOUSES, BY ADDING CHAPTER 2, THE LODGING
ESTABLISHMENT ACT, SO AS TO GOVERN THE LAWFUL USE
OF LODGING ESTABLISHMENTS AND PROVIDE PENALTIES
FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 45 of the 1976 Code is amended by adding:
"CHAPTER 2
The Lodging Establishment Act
Section 45-2-10. This chapter may be cited as the Lodging
Establishment Act.
Section 45-2-20. For purposes of this chapter:
(1) `innkeeper' means the owner, operator, manager, or keeper of
a lodging establishment;
(2) `lodging establishment' means a hotel, motel, resort, or bed
and breakfast establishment;
(3) `minor' means an unemancipated person under age eighteen.
Section 45-2-30. An innkeeper may refuse or deny any
accommodations, facilities, or privileges of a lodging establishment to:
(1) A person who is unwilling or unable to pay for accommodations
and services of the lodging establishment. The innkeeper may require
the prospective guest to demonstrate his ability to pay by cash, valid
credit card, or a validated check. The innkeeper may require a parent of
a minor:
(a) to accept in writing liability of the guest room costs, taxes, all
charges by the minor, and any damages to the guest room or its
furnishings caused by the minor while a guest at the lodging
establishment; and
(b) to provide the innkeeper with a valid credit card number to
cover the guest room costs, taxes, charges by the minor, and any
damages to the guest room or its furnishings caused by the minor; or
(c) if the credit card is not an option, give the innkeeper:
(i) an advance cash payment to cover the guest room costs and
taxes for all room nights reserved for the minor; plus
(ii) a cash deposit towards the payment of any charges by the
minor or any damages to the guest room or its furnishings, which must
be refunded to the extent not used to cover any such charges or any
damages as determined by the innkeeper following room inspection at
check-out.
(2) A person who is visibly intoxicated or who is disorderly so as to
create a public nuisance.
(3) A person whom the innkeeper reasonably believes is seeking
accommodations for any unlawful purpose, including the unlawful
possession or use of controlled substances by such person in violation
of Chapter 53 of Title 44 or the use of the premises for the consumption
of beer, wine, or alcoholic liquors by a person under the age of
twenty-one years in violation of Sections 20-7-370 or 20-7-380.
(4) A person whom the innkeeper reasonably believes is bringing in
property which may be dangerous to other persons including, but not
limited to, firearms or explosives.
(5) A person in excess of the number of persons a lodging
establishment allows to occupy a particular guest room in the lodging
establishment.
The innkeeper refusing or denying accommodations, facilities, or
privileges of a lodging establishment for any of the reasons specified in
items (1) through (5) of this section may not be determined liable in any
civil or criminal action or for any fine or penalty based upon the refusal
or denial, except that the accommodation, facilities, or privilege of a
lodging establishment may not be refused or denied based upon a
person's race, creed, color, national origin, sex, disability, or marital
status.
Section 45-2-40. (A) A person who on the premises or property of
a lodging establishment:
(1) uses or possesses a controlled substance in violation of
Chapter 53 of Title 44;
(2) consumes or possesses beer, wine, or alcoholic beverages in
violation of Sections 20-7-370 or 20-7-380;
(3) commits a violation of this chapter resulting in damage to a
lodging establishment room or its furnishings;
is guilty of a misdemeanor and, upon conviction, must be punished by
a fine of not more than two hundred dollars or imprisonment for not
more than thirty days.
(B) A person who rents or leases a room in a lodging establishment
for the purpose of allowing the room to be used by another to do any act
enumerated in subsection (A) of this section is guilty of a misdemeanor
and, upon conviction, must be punished by a fine of not more than two
hundred dollars or imprisonment for not more than thirty days.
(C) In a case arising under this section involving damage to a
lodging establishment room or its furnishings, the court may order the
person renting or leasing the lodging establishment room or the person
causing such damage, or both:
(1) to pay restitution for any damages suffered by the owner or
operator of the lodging establishment, which damages may include the
lodging establishment's loss of revenue resulting from the
establishment's inability to rent or lease the room during the period of
time the lodging establishment room is being repaired; and
(2) to pay damages or restitution to any other person who is
injured in person or property. In the case of a minor, the parents of the
minor are liable for acts of the minor in violation of this section which
cause damages to the lodging establishment room or furnishings or cause
injury to persons or property.
(D) This section does not prohibit the prosecution of a person for the
underlying violation which occurred on the premises or property of the
lodging establishment.
Section 45-2-50. The innkeeper of a lodging establishment shall keep
for at least five years a guest register showing the name, residence, date
of arrival, and departure of hotel guests. Every guest shall register, and
the registering guest may be required by the innkeeper to produce a valid
driver's license, or other identification satisfactory to the innkeeper,
containing a photograph of the guest and setting forth the name and
residence of the guest. If the guest is a minor, the innkeeper may also
require a parent of the guest to register and to accept in writing liability
for the guest room costs, taxes, all charges by the minor, and any
damages to the guest room or its furnishings caused by the minor while
a guest at the lodging establishment. The guest register may be kept
within the meaning of this section when reproduced on any
photographic, photostatic, microfilm, microcard, miniature
photographic, or other process which actually reproduces the original
record.
Section 45-2-60. An innkeeper may immediately eject a person from
the lodging establishment premises for any of the following reasons:
(1) nonpayment of the lodging establishment's charges for
accommodations or services;
(2) the person is visibly intoxicated, or the person is disorderly so as
to create a public nuisance;
(3) the innkeeper reasonably believes that the person is using the
premises for unlawful purposes, including the unlawful use or
possession of controlled substances by the person in violation of Chapter
53 of Title 44 or the use of the premises for the consumption of beer,
wine, or alcoholic liquors by a person under the age of twenty-one years
in violation of Sections 20-7-370 or 20-7-380;
(4) the innkeeper reasonably believes that the person has brought
property into the lodging establishment premises which may be
dangerous to other persons, including, but not limited to, firearms or
explosives;
(5) violation of any federal, state, or local laws, or regulations
relating to the lodging establishment;
(6) violation of a rule of the lodging establishment which is posted
in a conspicuous place and manner in the lodging establishment in
accordance with Section 45-2-70, but no rule may authorize the
innkeeper to eject or to refuse or deny service or accommodations to a
person because of race, creed, color, national origin, sex, disability, or
marital status.
Section 45-2-70. The innkeeper shall post a copy of this chapter,
together with all rules of the lodging establishment, in a conspicuous
place at or near the guest registration desk and inside each guest room
at the lodging establishment."
SECTION 2. This act takes effect on the first day of the second month
following approval by the Governor.
-----XX----- |