1Amending Title 48 (Lodging and Housing) of the Pennsylvania
2Consolidated Statutes, consolidating statutory provisions on
3hotels; and making related repeals.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 48 of the Pennsylvania Consolidated
7Statutes is amended by adding parts to read:

8PART I

9PRELIMINARY PROVISIONS (Reserved)

10PART II

11LODGING

12Chapter

1311. General Provisions (Reserved)

1413. Hotels

15CHAPTER 11

16GENERAL PROVISIONS (Reserved)

17CHAPTER 13

18HOTELS

1Subchapter

2A. General Provisions

3B. Rights

4C. Protection of Keepers of Hotels, Inns and Boarding Houses

5D. (Reserved)

6E. Safety

7SUBCHAPTER A

8GENERAL PROVISIONS

9Sec.

101301. Definitions.

11§ 1301. Definitions.

12The following words and phrases when used in this chapter
13shall have the meanings given to them in this section unless the
14context clearly indicates otherwise:

15"Hotelkeeper." Except for time-share arrangements, a person
16or entity providing lodging, accommodations, facilities or
17privileges or services at the following places:

18(1) hotels, motels, inns, resorts, guest houses or bed
19and breakfast establishments;

20(2) buildings, other than listed under paragraph (1),
21which are held out by any means, including advertising,
22license, registration with a hotelkeepers' group, convention
23listing association, travel publication or similar
24association or with a government agency, as being available
25to provide overnight lodging or use of facility space for
26consideration to persons seeking temporary accommodation;

27(3) places advertising to the public that it will
28provide beds, sanitary facilities or other space for a
29temporary period to members of the public; or

30(4) places recognized as a hostelry, except for portions

1of the facility which are devoted to persons who have
2established permanent residence.

3The term shall include the proprietor of a hotel, inn or
4boardinghouse.

5SUBCHAPTER B

6RIGHTS

7Sec.

81311. Hotelkeepers.

9§ 1311. Hotelkeepers.

10(a) Refusal of accommodations.--A hotelkeeper shall have the
11right to refuse or deny accommodations, facilities or privileges
12of a lodging establishment to any of the following:

13(1) A person who is unwilling or unable to pay for the
14accommodations and services of the lodging establishment. The
15hotelkeeper shall have the right to require that prospective
16guests demonstrate their ability to pay by cash, valid credit
17card or a certified or cashier's check. If a minor is not
18accompanied by his parent or legal guardian, the hotelkeeper
19may require the minor's parent or legal guardian to do one of
20the following:

21(i) Accept, in writing, liability for the guest room
22cost, taxes, all charges by the minor and any damages in
23excess of normal wear and tear to the guest room or its
24furnishings caused by the minor while a guest at the
25lodging establishment. Damages shall be calculated at the
26cost of labor and materials for repair by the lodging
27establishment.

28(ii) Provide the hotelkeeper with a valid credit
29card number and authorization to cover the guest room
30cost, taxes, charges by the minor and any damages to the

1guest room or its furnishings caused by the minor.

2(iii) Require all of the following, if a credit card
3authorization is not provided:

4(A) An advanced cash payment to cover the guest
5room cost and taxes for all room nights reserved for
6the minor.

7(B) A cash damage deposit in an amount not to
8exceed the cost of one night's guest room
9accommodations, including taxes, for payment of
10additional charges by the minor or for damages to the
11guest room or its furniture or furnishings. The
12hotelkeeper shall refund the cash deposit to the
13extent that it is not used to cover any reasonable
14charges or damages, as determined by the hotelkeeper
15following room inspection at checkout.

16(2) A person who is disorderly.

17(3) A person who the hotelkeeper reasonably believes is
18seeking accommodations for an unlawful purpose, including the
19unlawful possession or use of a controlled substance by the
20person or the use of the premises for the consumption of
21alcoholic beverages by any person under 21 years of age.

22(4) A person who the hotelkeeper reasonably believes is
23bringing into the lodging establishment property which may be
24dangerous to other persons, including explosives or illegal
25firearms.

26(5) A person who exceeds the maximum number of persons
27allowed to occupy a particular guest room in the lodging
28establishment, as posted by the lodging establishment.

29(b) Civil liability for refusal.--

30(1) Except as provided for under paragraph (2), a

1hotelkeeper refusing or denying accommodations, facilities or
2privileges of a lodging establishment for any of the reasons
3specified under subsection (a) shall not be liable in a civil
4action or for a fine or penalty based on the refusal or
5denial.

6(2) Accommodations, facilities or privileges of a
7lodging establishment may not be refused or denied based upon
8the factors under section 3 of the act of October 27, 1955
9(P.L.744, No.222), known as the Pennsylvania Human Relations
10Act.

11(c) Restitution and damages permitted.--

12(1) In addition to any penalties provided under any
13other statute, a court may order a person to do all of the
14following:

15(i) Pay restitution for any damages suffered by the
16hotelkeeper of the lodging establishment, including the
17lodging establishment's loss of revenue resulting from
18the lodging establishment's inability to rent or lease
19the room during the period of time the lodging
20establishment room is being repaired.

21(ii) Pay damages or restitution to a person or his
22property that is injured.

23(2) The parents or guardians of a minor shall be liable
24for the acts of the minor which cause damages to the lodging
25establishment room or furnishings or cause injury to persons
26or property.

27(3) This subsection shall not prohibit the prosecution
28of any person for any other violation of law which occurred
29on the property of the lodging establishment.

30(d) Guest register requirement.--

1(1) The hotelkeeper of a lodging establishment shall
2maintain, for a period of three years, a guest register which
3shows the name, residence, date of arrival and departure of
4guests of the lodging establishment.

5(2) (i) Every guest shall register. A registering guest
6may be required by the hotelkeeper to produce a valid
7driver's license or other identification, satisfactory to
8the hotelkeeper, containing a photograph of the guest and
9setting forth the name and residence address of the
10guest.

11(ii) In addition to the provisions of subparagraph
12(i), if the guest is a minor, the hotelkeeper may also
13require a parent of the guest to register, accepting in
14writing liability for the guest room cost, taxes, all
15charges by the minor and any damages to the guest room or
16its furnishings caused by the minor while a guest at the
17lodging establishment.

18(3) The guest register shall be maintained in its
19original form or may be reproduced on any photographic,
20photostatic, microfilm, microcard, miniature photographic or
21other process which actually reproduces the original record.

22(e) Right to eject from premises.--A hotelkeeper may
23immediately eject a person from the lodging establishment
24premises for violating this chapter if a copy of the chapter is
25posted in a conspicuous place and manner in the lodging
26establishment in accordance with subsection (f).

27(f) Posting notice to guests.--This chapter shall not apply
28to a hotelkeeper unless the hotelkeeper posts a copy of this
29chapter at or near the guest registration desk.

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

1words and phrases shall have the meanings given to them in this
2subsection unless the context clearly indicates otherwise:

3"Alcohol." The term as defined in section 102 of the act of
4April 12, 1951 (P.L.90, No.21), known as the Liquor Code.

5"Controlled substance." The term as defined in section 2 of
6the act of April 14, 1972 (P.L.233, No.64), known as The
7Controlled Substance, Drug, Device and Cosmetic Act.

8"Disorderly." A person is disorderly if, with intent to
9cause or recklessly create a risk of public inconvenience,
10annoyance or alarm, the person does any of the following:

11(1) Engages in fighting or threatening or in violent or
12tumultuous behavior.

13(2) Makes unreasonable noise.

14(3) Uses obscene language or makes an obscene gesture.

15(4) Creates a hazard or physically offensive condition
16by an act which serves no legitimate purpose of the actor.

17"Lodging establishment." Except for time-share arrangements,
18any of the following:

19(1) A hotel, motel, inn, resort, guest house, bed and
20breakfast establishment, regardless of size.

21(2) A building, other than listed under paragraph (1),
22which is held out by any means, including advertising,
23license, registration with an innkeepers' group, convention
24listing association, travel publication or similar
25association or with a government agency, as being available
26to provide overnight lodging or use of facility space for
27consideration to persons seeking temporary accommodation.

28(3) A place which advertises to the public at large or a
29segment of the public that it will provide beds, sanitary
30facilities or other space for a temporary period to members

1of the public at large.

2(4) A place recognized as a hostelry, except for
3portions of the facility which are devoted to persons who
4have established permanent residence.

5"Minor." An unemancipated person under 18 years of age.

6"Person." Any individual, corporation, association,
7partnership, joint stock company, business trust, syndicate,
8joint venture or other combination or group of individuals.

9"Temporary." Occupancy or the right to occupancy of a
10lodging establishment for less than 30 days or on a day-to-day
11basis if for more than 30 days.

12SUBCHAPTER C

13PROTECTION OF KEEPERS OF HOTELS, INNS

14AND BOARDING HOUSES

15Sec.

161321. Notice to boarders to lock rooms.

171322. Lien, warrant, sale and right of redemption.

181323. Liability for property loss or damage.

191324. Special arrangements for safe deposit of valuables.

201325. Duty of guest.

211326. Other liability.

221327. Exemption from levy or sale.

231328. Baggage.

241329. Baggage sale requirements.

251330. Sale proceeds.

26§ 1321. Notice to boarders to lock rooms.

27If a hotelkeeper posts in a conspicuous place notice 
28requiring the guest or boarder to bolt the door of the room
29occupied by the guest or boarder, or, in leaving the room, to
30lock the door and to deposit the key with the hotelkeeper or the

1clerk at the office, the hotelkeeper shall not be liable for any
2baggage of the guest or boarder which may be stolen from the
3room, if the guest or boarder shall neglect to do so. In order
4to avoid liability, the hotelkeeper must clearly establish the
5fact of the room having been left unbolted or unlocked by the
6guest or boarder at the time of the loss of the baggage.

7§ 1322. Lien, warrant, sale and right of redemption.

8(a) Lien.--A hotelkeeper within this Commonwealth shall have
9a lien upon the goods and baggage belonging to a guest or
10boarder for the amount of indebtedness contracted for boarding
11and lodging for a period of time not exceeding two weeks. The
12hotelkeeper may detain the goods and baggage until the amount of
13indebtedness is paid.

14(b) Public sale.--

15(1) Except as provided under paragraph (2), after the
16detention of goods under subsection (a) for three months, the
17hotelkeeper may apply to a magisterial district judge to
18publicly sell the goods and baggage. At least ten days' 
19notice of the public sale must be placed in at least three 
20public places in the ward of the city or borough or in the 
21township where the inn, hotel or boardinghouse is located. 
22The owner of the goods and baggage shall receive the balance
23of the proceeds of the public sale, minus all costs and the
24amount of indebtedness.

25(2) Notwithstanding paragraph (1), the owner of the
26goods and baggage shall have the right to redeem the goods
27and baggage as follows:

28(i) At any time within the three months of
29detention, upon paying the amount of the indebtedness.

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

1paying the amount of the indebtedness and any additional
2costs established under law.

3§ 1323. Liability for property loss or damage.

4(a) General rule.--Except as provided in subsection (b) and
5section 1324 (relating to special arrangements for safe deposit
6of valuables), no hotelkeeper, whether individual, partnership
7or corporation, shall be liable for loss or damage to property
8suffered by a guest, unless the hotelkeeper fails to constantly
9maintain any of the following:

10(1) A metal safe or vault in good order and fit for
11custody of money, bank notes, jewelry, gold or silver
12articles, precious stones, personal ornaments, railroad
13mileage books or tickets, negotiable or valuable papers and
14bullion.

15(2) Suitable locks, bolts and fastening on the doors,
16transoms and windows of the sleeping rooms used by guests.

17(3) A copy of this section, posted and printed in
18distinct type in not fewer than ten conspicuous places
19throughout the hotel or inn.

20(b) Exception.--Notwithstanding compliance with subsection
21(a), a hotelkeeper is liable for property loss or damage if a
22guest offers to deliver it for custody in the safe or vault and
23the hotelkeeper omits or refuses to accept it, deposit it in the
24safe or vault or provide the guest with a receipt, except that a
25hotelkeeper is not:

26(1) obliged to receive from any one guest property
27exceeding a total value of $300; or

28(2) liable for an amount in excess of $300, whether or
29not the property was actually received.

30(c) Definitions.--The following words and phrases when used

1in this section shall have the meanings given to them in this
2subsection unless the context clearly indicates otherwise:

3"Hotel." The term includes apartment hotels.

4"Hotelkeeper." The term includes apartment hotelkeepers.

5§ 1324. Special arrangements for safe deposit of valuables.

6Notwithstanding section 1323 (relating to liability for
7property loss or damage), a hotelkeeper may, by special
8arrangement with a guest, receive any property for deposit in
9the safe or vault upon terms as to which the parties agree in
10writing, but the hotelkeeper shall be liable for property loss
11or damage after the articles have been accepted for deposit, if
12the loss or damage is caused by theft or negligence of the
13hotelkeeper.

14§ 1325. Duty of guest.

15It shall be the duty of every guest, and of anyone intending
16to be a guest, of any hotel or inn, upon delivering to the
17hotelkeeper of the hotel or inn, or a servant or employee,
18baggage or other property of the guest for safekeeping elsewhere
19than in the room assigned to the guest, to demand of the
20hotelkeeper a check or receipt for the property to evidence the
21fact of delivery.

22§ 1326. Other liability.

23(a) Depository liability.--Except as provided in subsection
24(b), the liability of the hotelkeeper, whether individual,
25partnership or corporation, for property loss or damage to a
26guest other than that described in sections 1323 (relating to 
27liability for property loss or damage) and 1324 (relating to 
28special arrangements for safe deposit of valuables) shall be
29that of a depository for hire.

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

1hotelkeeper shall not be liable in the case of loss or damage
2caused by a fire not intentionally produced by the hotelkeeper.

3(c) Limitation of liability.--Unless the hotelkeeper has
4consented in writing to assume a greater liability, in no case
5shall liability under this section exceed $150 for each trunk
6and its contents, $50 for each valise and its contents, $10 for
7each box, bundle or package and its contents and $50 for all
8other miscellaneous effects, including wearing apparel and
9personal belongings.

10(d) Persons other than guests.--A hotelkeeper may hold
11baggage or property at the risk of the owner if:

12(1) The owner has forwarded the baggage or property to
13the inn or hotel before becoming a guest and the baggage or
14property has been received into the inn or hotel.

15(2) The owner has allowed baggage or property to remain
16in the inn or hotel after leaving as a guest and after the
17relationship between the hotelkeeper and the guest has
18ceased.

19§ 1327. Exemption from levy or sale.

20The personal property of a guest at an inn or hotel, or of a
21boarder at a boarding house where the property is in the
22exclusive use of the boarder, when located on premises occupied
23by the guest or boarder, shall be exempt from levy and sale on
24distress for rent.

25§ 1328. Baggage.

26(a) Hotelkeeper lien.--A hotelkeeper, whether individual,
27partnership or corporation, shall have a lien on baggage and
28other property located in and about the inn or hotel and
29belonging to or under the control of a guest or boarder, for the
30proper charges due for accommodation, board and lodging and for

1all money paid for or advanced to the guest or boarder.

2(b) Limitation.--The amount of a lien under subsection (a)
3shall not exceed $200.

4(c) Right of hotelkeeper.--The hotelkeeper may detain the
5baggage and other property until the amount of any charges due
6has been paid.

7(d) Exemption from attachment and execution.--Baggage and
8other property shall be exempt from attachment or execution
9until the hotelkeeper's lien and the cost of satisfying it are
10satisfied.

11§ 1329. Baggage sale requirements.

12(a) Public auction.--The hotelkeeper shall retain the
13baggage or other property upon which a lien exists for a period
14of 30 days, after which, if the lien is not satisfied, the
15baggage or other property may be sold at public auction.

16(b) Notice.--Notice of the public auction under subsection
17(a) shall be provided by:

18(1) providing a minimum of ten days' notice in a
19newspaper of general circulation in the county where the inn
20or hotel is situated; and

21(2) mailing a copy of the notice, addressed to the guest
22or boarder at the place of residence recorded in the register
23of the inn or hotel.

24§ 1330. Sale proceeds.

25(a) Duty of hotelkeeper.--After satisfying the lien and any
26costs that may accrue, any residue remaining shall be paid to
27the guest or boarder:

28(1) on demand within six months; or

29(2) if there is no demand, within six months from date
30of the sale.

1(b) Deposit of residual funds.--The residue shall be
2deposited by the hotelkeeper with the treasurer of the county in
3which the inn or hotel is situated, together with a statement of
4the claim of the hotelkeeper, the costs of enforcing the claim,
5a copy of the published public auction notice and a report of
6amounts received for the goods sold at the auction.

7(c) Duty of county treasurer.--The county treasurer shall
8credit the residue to the general revenue fund of the county,
9subject to the right of the guest or boarder to reclaim it
10within three years of the date of deposit with the treasurer.

11SUBCHAPTER D

12(RESERVED)

13SUBCHAPTER E

14SAFETY

15Sec.

161351. Tourist camp heater safety.

171352. Crib safety.

181353. Information concerning protection from fire.

19§ 1351. Tourist camp heater safety.

20(a) General requirements.--The owner or operator of a
21tourist camp where cabins or trailers are heated by stoves, gas
22burners or any other heating device, except electrical
23appliances, radiators and electric water heaters, shall install
24adequate chimneys or other vents or outlets for escape of carbon
25monoxide gas and other harmful or injurious gases generated by
26the heating devices.

27(b) Penalty.--Upon conviction in a summary proceeding, a
28person who violates this section shall be sentenced to pay a
29fine of not less than $10 or more than $25 or to imprisonment
30for a term of not more than 30 days, or both, in the discretion

1of the court.

2§ 1352. Crib safety.

3(a) Unsafe crib prohibition.--After August 20, 2000, no 
4hotel, motel or similar transient lodging facility shall offer 
5or provide for use or otherwise place in the stream of commerce 
6a full-size or nonfull-size crib that is unsafe for an infant 
7using the crib because it does not conform to section 3(c)(1), 
8(2) or (3) of the act of June 22, 2000 (P.L.339, No.39), known 
9as the Infant Crib Safety Act, or because it has a dangerous 
10feature or characteristic under section 3(d) of the Infant Crib 
11Safety Act.

12(b) Penalty.--A hotel, motel or similar transient lodging
13facility that willfully and knowingly violates subsection (a)
14commits a summary offense which, upon conviction, shall be
15punishable by a fine of not more than $1,000.

16§ 1353. Information concerning protection from fire.

17The management of hotels and motels shall, upon the request
18of travel agents and other persons interested in utilizing their
19facilities, furnish information concerning the measures which
20have been taken at the hotel or motel for protection from fire.
21The information shall be provided in writing, free of charge,
22and shall be in such detail as the Department of Labor and
23Industry may prescribe by regulation.

24Section 2. Repeals are as follows:

25(1) The General Assembly declares that the repeals under
26paragraph (2) are necessary to effectuate the addition of 48
27Pa.C.S. Ch. 13.

28(2) The following acts and parts of acts are repealed:

29(i) The act of May 7, 1855 (P.L.479, No.509),
30entitled "An act to protect Keepers of Hotels, Inns and

1Boarding Houses."

2(ii) The act of June 12, 1913 (P.L.481, No.318),
3entitled "An act relating to inns and hotels; regulating
4certain rights and liabilities of hotelkeepers and
5innkeepers; and providing penalties for fraud against
6innkeepers and hotelkeepers."

7(iii) Section 3.3 of the act of April 27, 1927
8(P.L.465, No.299), referred to as the Fire and Panic Act.

9(iv) Section 404(4) of the act of April 6, 1951
10(P.L.69, No.20), known as The Landlord and Tenant Act of
111951.

12(v) The act of August 19, 1953 (P.L.1083, No.285),
13entitled "An act requiring owners and operators of
14tourist camps having heated cabins to provide adequate
15chimneys or escape vents for harmful gases, and imposing
16penalties."

17(vi) The act of October 30, 1996 (P.L.732, No.131),
18known as the Pennsylvania Innkeepers' Rights Act.

19(vii) Sections 3(b) and 5 of the act of June 22,
202000 (P.L.339, No.39), known as the Infant Crib Safety
21Act.

22Section 3. The following apply:

23(1) The addition of 48 Pa.C.S. Ch. 13 is a continuation
24of the following:

25(i) The act of May 7, 1855 (P.L.479, No.509),
26entitled "An act to protect Keepers of Hotels, Inns and
27Boarding Houses."

28(ii) The act of June 12, 1913 (P.L.481, No.318),
29entitled "An act relating to inns and hotels; regulating
30certain rights and liabilities of hotelkeepers and

1innkeepers; and providing penalties for fraud against
2innkeepers and hotelkeepers."

3(iii) Section 3.3 of the act of April 27, 1927
4(P.L.465, No.299), referred to as the Fire and Panic Act.

5(iv) Section 404(4) of the act of April 6, 1951
6(P.L.69, No.20), known as The Landlord and Tenant Act of
71951.

8(v) The act of August 19, 1953 (P.L.1083, No.285),
9entitled "An act requiring owners and operators of
10tourist camps having heated cabins to provide adequate
11chimneys or escape vents for harmful gases, and imposing
12penalties."

13(vi) The act of October 30, 1996 (P.L.732, No.131),
14known as the Pennsylvania Innkeepers' Rights Act.

15(vii) Sections 3(b) and 5 of the act of June 22,
162000 (P.L.339, No.39), known as the Infant Crib Safety
17Act.

18(2) Except as otherwise provided in 48 Pa.C.S. Ch. 13,
19all activities initiated under the statutory provisions
20referred to in paragraph (1) shall continue and remain in
21full force and effect and may be completed under 48 Pa.C.S.
22Ch. 13. Orders, regulations, rules and decisions which were
23made under the statutory provisions referred to in paragraph
24(1) and which are in effect on the effective date of section
252 of this act shall remain in full force and effect until
26revoked, vacated or modified under 48 Pa.C.S. Ch. 13.
27Contracts, obligations and collective bargaining agreements
28entered into under the statutory provisions referred to in
29paragraph (1) are not affected nor impaired by the repeal of
30the statutory provisions referred to in paragraph (1).

1(3) Any difference in language between 48 Pa.C.S. Ch. 13
2and the statutory provisions referred to in paragraph (1) is
3intended only to conform to the style of the Pennsylvania
4Consolidated Statutes and is not intended to change or affect
5the legislative intent, judicial construction or
6administration and implementation of the statutory provisions
7referred to in paragraph (1).

8Section 4. This act shall take effect in 60 days.