§ 1311. Hotelkeepers and campground owners
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 48 Pa.C.S.A. Lodging and HousingEffective: August 4, 2020
Effective: August 4, 2020
48 Pa.C.S.A. § 1311
Formerly cited as PA ST 37 P.S. § 102; PA ST 37 P.S. § 103; PA ST 37 P.S. § 104; PA ST 37 P.S. § 105; PA ST 37 P.S. § 106; PA ST 37 P.S. § 107
§ 1311. Hotelkeepers and campground owners
(1) A person who is unwilling or unable to pay for the accommodations and services of the lodging establishment. The hotelkeeper or campground owner shall have the right to require that prospective guests demonstrate their ability to pay by cash, a valid credit card or a certified or cashier's check. If a minor is not accompanied by his parent or legal guardian, the hotelkeeper or campground owner may require the minor's parent or legal guardian to do one of the following:
(i) Accept, in writing, liability for the lodging cost, taxes, all charges by the minor and any damages in excess of normal wear and tear to the lodging accommodations and its amenities caused by the minor while a guest at the lodging establishment. Damages shall be calculated at the cost of labor and materials for repair by the lodging establishment.
(B) A cash damage deposit in an amount not to exceed the cost of one night's accommodations, including taxes, for payment of additional charges by the minor or for damages to the lodging accommodations and its amenities. The hotelkeeper or campground owner shall refund the cash deposit to the extent that it is not used to cover any reasonable charges or damages, as determined by the hotelkeeper or campground owner following lodging inspection at checkout.
(3) A person who the hotelkeeper or campground owner reasonably believes is seeking accommodations for an unlawful purpose, including the unlawful possession or use of a controlled substance by the person or the use of the premises for the consumption of alcoholic beverages by any person under 21 years of age.
(1) Except as provided for under paragraph (2), a hotelkeeper or campground owner refusing or denying accommodations, facilities or privileges of a lodging establishment for any of the reasons specified under subsection (a) shall not be liable in a civil action or for a fine or penalty based on the refusal or denial.
(2) Accommodations, facilities or privileges of a lodging establishment may not be refused or denied based upon the factors under section 3 of the act of October 27, 1955 (P.L. 744, No. 222),1 known as the Pennsylvania Human Relations Act.
(i) Pay restitution for any damages suffered by the hotelkeeper or campground owner of the lodging establishment, including the lodging establishment's loss of revenue resulting from the lodging establishment's inability to rent or lease the accommodations during the period of time the lodging establishment is being repaired.
(2)(i) Every guest shall register. A registering guest may be required by the hotelkeeper or campground owner to produce a valid driver's license or other identification, satisfactory to the hotelkeeper or campground owner, containing a photograph of the guest and setting forth the name and residence address of the guest.
(ii) In addition to the provisions of subparagraph (i), if the guest is a minor, the hotelkeeper or campground owner may also require a parent of the guest to register, accepting in writing liability for the lodging cost, taxes, all charges by the minor and any damages to the lodging accommodations or its furnishings caused by the minor while a guest at the lodging establishment.
“Alcohol.” The term as defined in section 102 of the act of April 12, 1951 (P.L. 90, No. 21),2 known as the Liquor Code.
“Controlled substance.” The term as defined in section 2 of the act of April 14, 1972 (P.L. 233, No. 64),3 known as The Controlled Substance, Drug, Device and Cosmetic Act.
“Disorderly.” A person is disorderly if, with intent to cause or recklessly create a risk of public inconvenience, annoyance or alarm, the person does any of the following:
(1) Engages in fighting or threatening or in violent or tumultuous behavior.
(2) Makes unreasonable noise.
(3) Uses obscene language or makes an obscene gesture.
(4) Creates a hazard or physically offensive condition by an act which serves no legitimate purpose of the actor.
“Lodging establishment.” Except for a time-share arrangement, any of the following:
(1) A hotel, motel, inn, resort, guest house or bed and breakfast establishment, regardless of size.
(2) A building, other than one listed under paragraph (1), which is held out by any means, including advertising, license, registration with an innkeepers' group, convention listing association, travel publication or similar association or with a government agency, as being available to provide overnight lodging or use of facility space for consideration to persons seeking temporary accommodation.
(3) A place which advertises to the public at large or a segment of the public that it will provide beds, sanitary facilities or other space for a temporary period to members of the public at large.
(4) A place recognized as a hostelry, except for portions of the facility which are devoted to persons who have established permanent residence.
(5) A recreational campground.
“Minor.” An unemancipated person under 18 years of age.
“Person.” Any individual, corporation, association, partnership, joint stock company, business trust, syndicate, joint venture or other combination or group of individuals.
“Temporary.” Occupancy or the right to occupancy of a lodging establishment for less than 30 days or on a day-to-day basis if for more than 30 days.
Credits
2016, June 23, P.L. 365, No. 51, § 1, effective in 60 days [Aug. 22, 2016]. Amended 2020, June 5, P.L. 250, No. 33, § 2, effective in 60 days [Aug. 4, 2020].
48 Pa.C.S.A. § 1311, PA ST 48 Pa.C.S.A. § 1311
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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