Regular Session 2015-2016 Senate Bill 0179 P.N. 0230

PRINTER'S NO. 230

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

179

Session of

2015

INTRODUCED BY GREENLEAF, GORDNER, TARTAGLIONE, VULAKOVICH AND

WOZNIAK, JANUARY 27, 2015

REFERRED TO URBAN AFFAIRS AND HOUSING, JANUARY 27, 2015

AN ACT

Amending Title 48 (Lodging and Housing) of the Pennsylvania

Consolidated Statutes, consolidating statutory provisions on

hotels; and repealing certain provisions of the Fire and

Panic Act, The Landlord and Tenant Act of 1951, the

Pennsylvania Innkeepers' Rights Act, the Infant Crib Safety

Act and other acts relating to hotels.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 48 of the Pennsylvania Consolidated

Statutes is amended by adding parts to read:

PART I

PRELIMINARY PROVISIONS (Reserved)

PART II

LODGING

Chapter

11. General Provisions (Reserved)

13. Hotels

CHAPTER 11

GENERAL PROVISIONS (Reserved)

CHAPTER 13

HOTELS

Subchapter

A. General Provisions

B. Rights

C. Protection of Keepers of Hotels, Inns and Boardinghouses

D. (Reserved)

E. Safety

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

1301. Definitions.

§ 1301. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Hotelkeeper." Except for a time-share arrangement, a person

or entity providing lodging, accommodations, facilities or

privileges or services at the following:

(1) a hotel, motel, inn, resort, guest house or bed and

breakfast establishment;

(2) a building, other than one listed under paragraph

(1), which is held out by any means, including advertising,

license, registration with a hotelkeepers' 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 that advertises to the public that it will

provide beds, sanitary facilities or other space for a

temporary period to members of the public; or

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(4) a place recognized as a hostelry, except for

portions of facility which are devoted to persons who have

established permanent residence.

The term shall include the proprietor of a hotel, inn or

boardinghouse.

SUBCHAPTER B

RIGHTS

Sec.

1311. Hotelkeepers.

§ 1311. Hotelkeepers.

(a) Refusal of accommodations.--A hotelkeeper shall have the

right to refuse or deny accommodations, facilities or privileges

of a lodging establishment to any of the following:

(1) A person who is unwilling or unable to pay for the

accommodations and services of the lodging establishment. The

hotelkeeper 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 may require the minor's parent or legal guardian

to do one of the following:

(i) Accept, in writing, liability for the guest room

cost, taxes, all charges by the minor and any damages in

excess of normal wear and tear to the guest room or its

furnishings 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.

(ii) Provide the hotelkeeper with a valid credit

card number and authorization to cover the guest room

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cost, taxes, charges by the minor and any damages to the

guest room or its furnishings caused by the minor.

(iii) Require all of the following, if a credit card

authorization is not provided:

(A) An advanced cash payment to cover the guest

room cost and taxes for all room nights reserved for

the minor.

(B) A cash damage deposit in an amount not to

exceed the cost of one night's guest room

accommodations, including taxes, for payment of

additional charges by the minor or for damages to the

guest room or its furniture or furnishings. The

hotelkeeper 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

following room inspection at checkout.

(2) A person who is disorderly.

(3) A person who the hotelkeeper 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.

(4) A person who the hotelkeeper reasonably believes is

bringing into the lodging establishment property which may be

dangerous to other persons, including explosives or illegal

firearms.

(5) A person who exceeds the maximum number of persons

allowed to occupy a particular guest room in the lodging

establishment, as posted by the lodging establishment.

(b) Civil liability for refusal.--

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(1) Except as provided for under paragraph (2), a

hotelkeeper 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), known as the Pennsylvania Human Relations

Act.

(1) In addition to any penalties provided under any

other statute, a court may order a person to do all of the

following:

(i) Pay restitution for any damages suffered by the

hotelkeeper of the lodging establishment, including the

lodging establishment's loss of revenue resulting from

the lodging establishment's inability to rent or lease

the room during the period of time the lodging

establishment room is being repaired.

(ii) Pay damages or restitution to a person or his

property that is injured.

(2) The parents or guardians of a minor shall be liable

for the acts of the minor which cause damages to the lodging

establishment room or furnishings or cause injury to persons

or property.

(3) This subsection shall not prohibit the prosecution

of any person for any other violation of law which occurred

on the property of the lodging establishment.

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(d) Guest register requirement.--

(1) The hotelkeeper of a lodging establishment shall

maintain, for a period of three years, a guest register which

shows the name, residence, date of arrival and departure of

guests of the lodging establishment.

(2) (i) Every guest shall register. A registering guest

may be required by the hotelkeeper to produce a valid

driver's license or other identification, satisfactory to

the hotelkeeper, 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 may also

require a parent of the guest to register, accepting in

writing liability for the guest room cost, 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.

(3) The guest register shall be maintained in its

original form or may be reproduced on any photographic,

photostatic, microfilm, microcard, miniature photographic or

other process which actually reproduces the original record.

(e) Right to eject from premises.--A hotelkeeper may

immediately eject a person from the lodging establishment

premises for violating this chapter if a copy of the chapter is

posted in a conspicuous place and manner in the lodging

establishment in accordance with subsection (f).

(f) Posting notice to guests.--This chapter shall not apply

to a hotelkeeper unless the hotelkeeper posts a copy of this

chapter at or near the guest registration desk.

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(g) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Alcohol." The term as defined in section 102 of the act of

April 12, 1951 (P.L.90, No.21), 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), 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 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

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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.

"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.

SUBCHAPTER C

PROTECTION OF KEEPERS OF HOTELS, INNS

AND BOARDINGHOUSES

Sec.

1321. Notice to boarders to lock rooms.

1322. Lien, warrant, sale and right of redemption.

1323. Liability for property loss or damage.

1324. Special arrangements for safe deposit of valuables.

1325. Duty of guest.

1326. Other liability.

1327. Exemption from levy or sale.

1328. Baggage.

1329. Baggage sale requirements.

1330. Sale proceeds.

§ 1321. Notice to boarders to lock rooms.

If a hotelkeeper posts in a conspicuous place notice

requiring the guest or boarder to bolt the door of the room

occupied by the guest or boarder, or, in leaving the room, to

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lock the door and to deposit the key with the hotelkeeper or the

clerk at the office, the hotelkeeper shall not be liable for any

baggage of the guest or boarder which may be stolen from the

room, if the guest or boarder shall neglect to do so. In order

to avoid liability, the hotelkeeper must clearly establish the

fact of the room's having been left unbolted or unlocked by the

guest or boarder at the time of the loss of the baggage.

§ 1322. Lien, warrant, sale and right of redemption.

(a) Lien.--A hotelkeeper within this Commonwealth shall have

a lien upon the goods and baggage belonging to a guest or

boarder for the amount of indebtedness contracted for boarding

and lodging for a period of time not exceeding two weeks. The

hotelkeeper may detain the goods and baggage until the amount of

indebtedness is paid.

(b) Public sale.--

(1) Except as provided under paragraph (2), after the

detention of goods under subsection (a) for three months, the

hotelkeeper may apply to a magisterial district judge to

publicly sell the goods and baggage. At least 10 days' notice

of the public sale must be placed in at least three public

places in the ward of the city or borough or in the township

where the inn, hotel or boardinghouse is located. The owner

of the goods and baggage shall receive the balance of the

proceeds of the public sale, minus all costs and the amount

of indebtedness.

(2) Notwithstanding paragraph (1), the owner of the

goods and baggage shall have the right to redeem the goods

and baggage as follows:

(i) At any time within the three months of

detention, upon paying the amount of the indebtedness.

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(ii) At any time previous to the public sale, upon

paying the amount of the indebtedness and any additional

costs established under law.

§ 1323. Liability for property loss or damage.

(a) General rule.--Except as provided in subsection (b) and

section 1324 (relating to special arrangements for safe deposit

of valuables), no hotelkeeper, whether individual, partnership

or corporation, shall be liable for loss or damage to property

suffered by a guest, unless the hotelkeeper fails to constantly

maintain any of the following:

(1) A metal safe or vault in good order and fit for

custody of money, bank notes, jewelry, gold or silver

articles, precious stones, personal ornaments, railroad

mileage books or tickets, negotiable or valuable papers and

bullion.

(2) Suitable locks, bolts and fastening on the doors,

transoms and windows of the sleeping rooms used by guests.

(3) A copy of this section, posted and printed in

distinct type in not fewer than 10 conspicuous places

throughout the hotel or inn.

(b) Exception.--Notwithstanding compliance with subsection

(a), a hotelkeeper is liable for property loss or damage if a

guest delivers property for custody in the safe or vault and the

hotelkeeper omits or refuses to accept it, deposit it in the

safe or vault or provide the guest with a receipt, except that a

hotelkeeper is not:

(1) obliged to receive from any one guest property

exceeding a total value of $300; or

(2) liable for an amount in excess of $300, whether or

not the property was actually received.

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in this section shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Hotel." The term includes apartment hotels.

"Hotelkeeper." The term includes apartment hotelkeepers.

§ 1324. Special arrangements for safe deposit of valuables.

Notwithstanding section 1323 (relating to liability for

property loss or damage), a hotelkeeper may, by special

arrangement with a guest, receive any property for deposit in

the safe or vault upon terms as to which the parties agree in

writing, but the hotelkeeper shall be liable for property loss

or damage after the articles have been accepted for deposit, if

the loss or damage is caused by theft or negligence of the

hotelkeeper.

§ 1325. Duty of guest.

It shall be the duty of every guest, and of anyone intending

to be a guest, of any hotel or inn, upon delivering to the

hotelkeeper of the hotel or inn, or a servant or employee,

baggage or other property of the guest for safekeeping elsewhere

than in the room assigned to the guest, to demand of the

hotelkeeper a check or receipt for the property to evidence the

fact of delivery.

§ 1326. Other liability.

(a) Depository liability.--Except as provided in subsection

(b), the liability of the hotelkeeper, whether individual,

partnership or corporation, for property loss or damage to a

guest other than that described in sections 1323 (relating to

liability for property loss or damage) and 1324 (relating to

special arrangements for safe deposit of valuables) shall be

that of a depository for hire.

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(b) Exception.--Notwithstanding subsection (a), the

hotelkeeper shall not be liable in the case of loss or damage

caused by a fire not intentionally produced by the hotelkeeper.

consented in writing to assume a greater liability, in no case

shall liability under this section exceed $150 for each trunk

and its contents, $50 for each valise and its contents, $10 for

each box, bundle or package and its contents and $50 for all

other miscellaneous effects, including wearing apparel and

personal belongings.

(d) Persons other than guests.--A hotelkeeper may hold

baggage or property at the risk of the owner if:

(1) The owner has forwarded the baggage or property to

the inn or hotel before becoming a guest and the baggage or

property has been received into the inn or hotel.

(2) The owner has allowed baggage or property to remain

in the inn or hotel after leaving as a guest and after the

relationship between the hotelkeeper and the guest has

ceased.

§ 1327. Exemption from levy or sale.

The personal property of a guest at an inn or hotel, or of a

boarder at a boardinghouse where the property is in the

exclusive use of the boarder, when located on premises occupied

by the guest or boarder, shall be exempt from levy and sale on

distress for rent.

§ 1328. Baggage.

(a) Hotelkeeper lien.--A hotelkeeper, whether individual,

partnership or corporation, shall have a lien on baggage and

other property located in and about the inn or hotel and

belonging to or under the control of a guest or boarder for the

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proper charges due for accommodation, board and lodging and for

all money paid for or advanced to the guest or boarder.

(b) Limitation.--The amount of a lien under subsection (a)

shall not exceed $200.

baggage and other property until the amount of any charges due

has been paid.

(d) Exemption from attachment and execution.--Baggage and

other property shall be exempt from attachment or execution

until the hotelkeeper's lien and the cost of satisfying it are

satisfied.

§ 1329. Baggage sale requirements.

(a) Public auction.--The hotelkeeper shall retain the

baggage or other property upon which a lien exists for a period

of 30 days, after which, if the lien is not satisfied, the

baggage or other property may be sold at public auction.

(b) Notice.--Notice of the public auction under subsection

(a) shall be provided by:

(1) providing a minimum of 10 days' notice in a

newspaper of general circulation in the county where the inn

or hotel is situated; and

(2) mailing a copy of the notice, addressed to the guest

or boarder at the place of residence recorded in the register

of the inn or hotel.

§ 1330. Sale proceeds.

(a) Duty of hotelkeeper.--After satisfying the lien and any

costs that may accrue, any residue remaining shall be paid to

the guest or boarder:

(1) on demand within six months; or

(2) if there is no demand, within six months from the

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date of the sale.

(b) Deposit of residual funds.--The residue shall be

deposited by the hotelkeeper with the treasurer of the county in

which the inn or hotel is situated, together with a statement of

the claim of the hotelkeeper, the costs of enforcing the claim,

a copy of the published public auction notice and a report of

amounts received for the goods sold at the auction.

credit the residue to the general revenue fund of the county,

subject to the right of the guest or boarder to reclaim it

within three years of the date of deposit with the treasurer.

SUBCHAPTER D

(RESERVED)

SUBCHAPTER E

SAFETY

Sec.

1351. Tourist camp heater safety.

1352. Crib safety.

1353. Information concerning protection from fire.

§ 1351. Tourist camp heater safety.

(a) General requirements.--The owner or operator of a

tourist camp where cabins or trailers are heated by stoves, gas

burners or any other heating device, except electrical

appliances, radiators and electric water heaters, shall install

adequate chimneys or other vents or outlets for escape of carbon

monoxide gas and other harmful or injurious gases generated by

the heating devices.

(b) Penalty.--Upon conviction in a summary proceeding, a

person who violates this section shall be sentenced to pay a

fine of not less than $10 or more than $25 or to imprisonment

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for a term of not more than 30 days, or both, in the discretion

of the court.

§ 1352. Crib safety.

(a) Unsafe crib prohibition.--No hotel, motel or similar

transient lodging facility shall offer or provide for use or

otherwise place in the stream of commerce a full-size or non-

full-size crib that is unsafe for an infant using the crib

because it does not conform to section 3(c)(1), (2) or (3) of

the act of June 22, 2000 (P.L.339, No.39), known as the Infant

Crib Safety Act, or because it has a dangerous feature or

characteristic under section 3(d) of the Infant Crib Safety Act.

(b) Penalty.--A hotel, motel or similar transient lodging

facility that willfully and knowingly violates subsection (a)

commits a summary offense which, upon conviction, shall be

punishable by a fine of not more than $1,000.

§ 1353. Information concerning protection from fire.

The management of hotels and motels shall, upon the request

of travel agents and other persons interested in utilizing their

facilities, furnish information concerning the measures which

have been taken at the hotel or motel for protection from fire.

The information shall be provided in writing, free of charge,

and shall be in such detail as the Department of Labor and

Industry may prescribe by regulation.

Section 2. Repeals are as follows:

(1) The General Assembly declares that the repeals under

paragraph (2) are necessary to effectuate the addition of 48

Pa.C.S. Ch. 13.

(2) The following acts and parts of acts are repealed:

(i) The act of May 7, 1855 (P.L.479, No.509),

entitled "An act to protect Keepers of Hotels, Inns and

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Boarding Houses."

(ii) The act of June 12, 1913 (P.L.481, No.318),

entitled "An act relating to inns and hotels; regulating

certain rights and liabilities of hotelkeepers and

innkeepers; and providing penalties for fraud against

innkeepers and hotelkeepers."

(iii) Section 3.3 of the act of April 27, 1927

(P.L.465, No.299), referred to as the Fire and Panic Act.

(iv) Section 404(4) of the act of April 6, 1951

(P.L.69, No.20), known as The Landlord and Tenant Act of

1951.

(v) The act of August 19, 1953 (P.L.1083, No.285),

entitled "An act requiring owners and operators of

tourist camps having heated cabins to provide adequate

chimneys or escape vents for harmful gases, and imposing

penalties."

(vi) The act of October 30, 1996 (P.L.732, No.131),

known as the Pennsylvania Innkeepers' Rights Act.

(vii) Sections 3(b) and 5 of the act of June 22,

2000 (P.L.339, No.39), known as the Infant Crib Safety

Act.

Section 3. The following apply:

(1) The addition of 48 Pa.C.S. Ch. 13 is a continuation

of the following:

(i) The act of May 7, 1855 (P.L.479, No.509),

entitled "An act to protect Keepers of Hotels, Inns and

Boarding Houses."

(ii) The act of June 12, 1913 (P.L.481, No.318),

entitled "An act relating to inns and hotels; regulating

certain rights and liabilities of hotelkeepers and

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innkeepers; and providing penalties for fraud against

innkeepers and hotelkeepers."

(iii) Section 3.3 of the act of April 27, 1927

(P.L.465, No.299), referred to as the Fire and Panic Act.

(iv) Section 404(4) of the act of April 6, 1951

(P.L.69, No.20), known as The Landlord and Tenant Act of

1951.

(v) The act of August 19, 1953 (P.L.1083, No.285),

entitled "An act requiring owners and operators of

tourist camps having heated cabins to provide adequate

chimneys or escape vents for harmful gases, and imposing

penalties."

(vi) The act of October 30, 1996 (P.L.732, No.131),

known as the Pennsylvania Innkeepers' Rights Act.

(vii) Sections 3(b) and 5 of the act of June 22,

2000 (P.L.339, No.39), known as the Infant Crib Safety

Act.

(2) Except as otherwise provided in 48 Pa.C.S. Ch. 13,

all activities initiated under the statutory provisions

referred to in paragraph (1) shall continue and remain in

full force and effect and may be completed under 48 Pa.C.S.

Ch. 13. Orders, regulations, rules and decisions which were

made under the statutory provisions referred to in paragraph

(1) and which are in effect on the effective date of section

2 of this act shall remain in full force and effect until

revoked, vacated or modified under 48 Pa.C.S. Ch. 13.

Contracts, obligations and collective bargaining agreements

entered into under the statutory provisions referred to in

paragraph (1) are not affected nor impaired by the repeal of

the statutory provisions referred to in paragraph (1).

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(3) Any difference in language between 48 Pa.C.S. Ch. 13

and the statutory provisions referred to in paragraph (1) is

intended only to conform to the style of the Pennsylvania

Consolidated Statutes and is not intended to change or affect

the legislative intent, judicial construction or

administration and implementation of the statutory provisions

referred to in paragraph (1).

Section 4. This act shall take effect in 60 days.

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