H*3890(Rat #0574, Act #0446)  General Bill, By J.G. McAbee, Keegan, Kelley, 
C.L. Sturkie, Witherspoon and H.G. Worley

Similar(S 773)
 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, including restitution requirements, for
 violations.-amended title

   04/07/93  House  Introduced and read first time HJ-39
   04/07/93  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-39
   05/05/93  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-3
   05/13/93  House  Amended HJ-40
   05/13/93  House  Read second time HJ-41
   05/13/93  House  Unanimous consent for third reading on next
                     legislative day HJ-41
   05/14/93  House  Read third time and sent to Senate HJ-3
   05/17/93  Senate Introduced and read first time SJ-10
   05/17/93  Senate Referred to Committee on Judiciary SJ-10
   05/18/94  Senate Committee report: Favorable with amendment
                     Judiciary SJ-34
   05/24/94  Senate Amended SJ-68
   05/24/94  Senate Read second time SJ-71
   05/25/94  Senate Read third time and returned to House with
                     amendments SJ-15
   05/26/94  House  Concurred in Senate amendment and enrolled HJ-3
   06/02/94         Ratified R 574
   06/16/94         Signed By Governor
   06/16/94         Effective date 06/16/94
   06/28/94         Copies available

AN ACT 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, INCLUDING RESTITUTION REQUIREMENTS, FOR VIOLATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Lodging Establishment Act

SECTION 1. Title 45 of the 1976 Code is amended by adding:

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, villa, condominium, inn, tourist court, tourist camp, campground, bed and breakfast, residence, or any place in which rooms, lodging, or sleeping accommodations are furnished to transients for a consideration;

(3) `Minor' means an unemancipated person under age eighteen.

Section 45-2-30. (A) 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 one hundred dollar 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.

(B) 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, gender, disability, or marital status.

(C) The innkeeper may deduct from a refund of an advance payment to a person who has been ejected from the lodging establishment the value of one day's lodging plus half the value of lodging for any additional days remaining in the reserved period. This subsection would not preclude the innkeeper from deducting a lesser amount of the advance payment or making a full refund.

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 liquors in violation of Sections 20-7-370 or 20-7-380;

is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.

(B) A person who on the premises or property of a lodging establishment maliciously and wilfully commits a violation of this chapter resulting in damage to a lodging establishment room or its furnishings is guilty of a:

(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the amount of injury or damage to the property is five thousand dollars or more;

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the amount of injury or damage to the property is more than one thousand dollars but less than five thousand dollars;

(3) misdemeanor triable in magistrate's court if the amount of injury or damage to the property is one thousand dollars or less. Upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days.

(C) 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 subsections (A) or (B) of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days.

(D) 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 a case arising under this section triable in magistrate's court, a magistrate may order restitution not to exceed one thousand dollars.

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.

(E) 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 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, gender, 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.

Section 45-2-80. Nothing in this chapter prohibits an innkeeper from denying accommodations to a guest or ejecting a guest for any valid nondiscriminatory reason not otherwise provided in this chapter."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 16th day of June, 1994.