Ch. 144             1997 Session Laws of Kansas             839

Chapter 144

SENATE BILL No. 166*

An Act concerning hotels; relating to rights and duties of innkeepers and guests.

Be it enacted by the Legislature of the State of Kansas:

Section 1. As used in this act:

(a) ``Hotel'' means the same as provided in K.S.A. 36-501, and
amendments thereto;

(b) ``innkeeper'' means the owner, operator, manager or keeper of a
hotel;

(c) ``minor'' means an unemancipated person under the age of 18
years;

(d) ``alcoholic liquor'' means the same as provided in subsection (b)
of K.S.A. 41-102, and amendments thereto;

(e) ``cereal malt beverage'' means the same as provided in subsection
(a) of K.S.A. 41-2701, and amendments thereto;

(f) ``controlled substance'' means the same as provided in K.S.A.
65-4101 et seq., and amendments thereto.

Sec. 2. An innkeeper shall have the right to refuse or deny any ac-
commodations, facilities or privileges of a hotel to:

(a) Any person who is unwilling or unable to pay for accommodations
and services of the hotel. The innkeeper shall have the right to require
the prospective guest to demonstrate such prospective guest's ability to
pay by cash, valid credit card or a validated check;

(b) any minor. The innkeeper may require a parent or legal guardian
of a minor or a representative of the entity responsible for payment of
the accommodation to: (1) Accept in writing liability of the guest room
costs, taxes, all charges by the minor and any damages to the guest room,
hotel and its furnishings caused by the minor while a guest at the hotel;
and (2) 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 (3) if the credit card
is not an option, give the innkeeper an advance cash payment to cover
the guest room costs and taxes for all room nights reserved for the minor,
plus reasonable cash deposit not to exceed $250 towards the payment of
any charges by the minor for any damages to the guest room, hotel and
its furnishings. The innkeeper shall refund such cash deposit to the extent
not used to cover any such charges or any damages as determined by the
innkeeper following room inspection at check-out;

(c) any person who is engaged in disorderly conduct as defined in
K.S.A. 21-4101, and amendments thereto; and

(d) any person who is on record by the hotel as having violated the
provisions contained in section 4 of this act in the past.

Any innkeeper who refuses or denies such accommodations, facilities

840             1997 Session Laws of Kansas             Ch. 144

or privileges of a hotel for any of the reasons specified in subsections (a)
through (d) shall not be liable in any civil or criminal action or for any
fine or penalty based upon such refusal or denial, except that such ac-
commodation, facilities or privilege of a hotel shall not be refused or
denied based upon the person's race, religion, color, sex, disability, origin
or ancestry.

Sec. 3. Every guest of the hotel may be required by the innkeeper
to produce a valid identification satisfactory to the innkeeper, containing
a photograph of the guest and setting forth the name, age and residence
of the guest. If the guest is a minor, the innkeeper may also require a
parent of such guest to register and to accept, in writing, liability for the
guest's room costs, taxes and all charges by such minor and any damages
to the guest room, hotel, its furnishings and lost revenue caused by such
minor while a guest at the hotel.

Sec. 4. An innkeeper may eject a person from the hotel premises,
without return of such person's room rental payment, for any of the fol-
lowing reasons:

(a) Nonpayment of the hotel's charges for accommodations or serv-
ices;

(b) the person is engaged in disorderly conduct as defined in K.S.A.
21-4101, and amendments thereto, or has been the subject of complaints
from other guests of the hotel;

(c) the person is using the premises for an unlawful act, including but
not limited to the unlawful use or possession of controlled substances by
such person in violation of K.S.A. 65-4101 et seq., and amendments
thereto or the use of the premises for the consumption of alcoholic liquor
or cereal malt beverage by any person under the age of 21 years in vio-
lation of K.S.A. 41-727, and amendments thereto;

(d) the person has brought property onto the hotel premises which
may be dangerous to other persons as defined in K.S.A. 21-4201 et seq.,
and amendments thereto;

(e) the person is not a registered guest of the hotel;

(f) the person has exceeded the limitations for guest room occupancy
established by the hotel;

(g) the person has obtained the accommodation under false pre-
tenses;

(h) the person is a minor and is not under the supervision of the adult
who has obtained the accommodation;

(i) the person has violated any federal, state or local laws or regula-
tions relating to the hotel; or

(j) the person has violated any rule of the hotel which is posted in a
conspicuous place and manner in the hotel as provided in section 5, ex-
cept that no such rule may authorize the innkeeper to eject or to refuse

Ch. 144             1997 Session Laws of Kansas             841

or deny service or accommodations to a person because of race, religion,
color, sex, disability, national origin or ancestry.

Sec. 5. The innkeeper shall post a copy of this act together with all
rules of the lodging establishment, in a conspicuous place at or near the
guest registration desk or inside each guest room at the hotel.

Sec. 6. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved April 24, 1997.

Published in the Kansas Register: May 1, 1997.