Read 1st time January 4, 1996, and 1,000 copies ordered printed.

Read 2nd time January 15, 1996, and referred to the Committee on Conservation, Parks and Tourism.

Reported from the Committee February 29, 1996, with recommendation that the bill do pass, with Senate Committee Amendment No. 1.

Taken up for Perfection April 29, 1996. Bill declared Perfected and Ordered printed, as amended.

TERRY L. SPIELER, Secretary.

S1958.01P

To amend chapter 315, RSMo, by adding six new sections relating to the rights and obligations of innkeepers and guests.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Chapter 315, RSMo, is amended by adding thereto six new sections to be known as sections 315.067, 315.069, 315.072, 315.075, 315.077 and 315.079, to read as follows:

315.067. 1. A person operating a hotel, and the term "hotel" used in this act shall include all the "lodging establishments" defined in section 315.005(4), has the right to refuse or deny the use of a room, accommodations, facilities, or other privileges of the hotel to any of the following:

(1) An individual unwilling or unable to pay for the room, accommodations, facilities, or other privileges of the hotel;

(2) An individual who is visibly intoxicated, or under the influence of alcohol or other drug, or who is disorderly so as to create a public nuisance;

(3) An individual the hotel operator reasonably believes is seeking to use a room, accommodations, facilities, or other privileges of the hotel for an unlawful purpose;

(4) An individual the hotel operator reasonably believes is bringing in anything which may create an unreasonable danger or risk to other persons, including but not limited to firearms or explosives;

(5) An individual whose use of the room, accommodations, facilities, or other privileges of the hotel would result in a violation of the maximum capacity of such hotel.

2. A hotel operator who reasonably refuses or denies the use of a room, accommodations, facilities, or other privileges of the hotel pursuant to this section is not subject to any civil or criminal action or any fine or other penalty.

315.069. The hotel operator has the right to require a person seeking the use of a room, accommodations, facilities, or other privileges of the hotel to demonstrate the ability to pay for such use by cash, credit card, or approved check. The hotel operator may require the parent or guardian of a person less than eighteen years of age to do all of the following:

(1) Accept in writing the liability for the cost of the room, accommodations, facilities, or other privileges of the hotel used by the person, and for the cost of any damages to the room, furnishings in the room, or other facilities of the hotel caused by the person while the person is using the room, accommodations, facilities, or other privileges of the hotel;

(2) Provide the hotel operator with one of the following:

(a) The authority to charge any amount due for the cost of the room, accommodations, facilities, or other privileges of the hotel used by the person, and for the cost of any damages to the room, furnishings in the room, or other facilities of the hotel caused by the person while the person is using the room, accommodations, facilities, or other privileges of the hotel to a credit card use of a credit card by person under the age of 18 years shall be deemed a waiver of any defense based upon the age of such person as may be raised by the minor or the person authorizing the use of the credit card;

(b) An advance cash payment sufficient to cover the cost of the room, accommodations, facilities, or other privileges the hotel used by the person, and a reasonable amount as a deposit toward the cost of any damages to the room, furnishings in the room, or other facilities of the hotel caused by the person while the person is using the room, accommodations, facilities, or other privileges of the hotel. A cash deposit for any damages required by the hotel operator shall be promptly refunded to the extent not used to cover the cost of any such damages as determined by the hotel operator following an inspection of the room, accommodations, or facilities of the hotel used by the person at the end of the person's stay.

315.072. In addition to any other applicable penalties, a court may order a person to pay restitution for any damages caused by such person which are suffered by the owner or operator of the hotel. Damages for which restitution may be ordered, in addition to physical damages, may include the loss of revenue resulting from the hotel being unable to rent or lease the room, accommodation, or facility during any time of repair, and restitution to any other individual who is injured or whose property is damaged as a result of the violation. The parent or guardian of a person less than eighteen years of age may be liable to the owner or operator for the acts of the person which result in damage to the room, accommodation, or facility, and for restitution to any other individual who is injured or whose property is damaged as a result of such acts.

315.075. An owner or operator of a hotel may eject a person from the hotel for any of the following reasons:

(1) Nonpayment of charges incurred by the individual renting or leasing a room, accommodations, or facilities of the hotel when the charges are due and owing;

(2) The individual renting or leasing a room, accommodations, or facilities of the hotel is visibly intoxicated, or is under the influence of alcohol or other drug, or is disorderly so as to create a public nuisance;

(3) The owner or operator reasonably believes that the individual is using the premises for an unlawful purpose;

(4) The owner or operator reasonably believes that the individual has brought anything into the hotel which may create an unreasonable danger or risk to other persons, including but not limited to firearms or explosives; and

(5) The individual is in violation of any federal, state, or local laws or regulations relating to the hotel.

315.077. An owner or operator of a hotel shall post a copy of sections 315.067 to 315.079 of this act, in addition to any rules established by the owner or operator of the hotel, in a conspicuous place at or near the guest registration desk and in each room of the hotel.

315.079. 1. A hotel shall keep and maintain for a period of three years a guest register which shall show the name, residence, date of arrival, and date of departure of each individual renting or leasing a room, accommodations, or facilities of the hotel.

2. Each individual renting or leasing a room, accommodations, or facilities of the hotel shall register, and may be required by the owner or operator of the hotel to show proof of identity by producing a valid driver's license, or other identification satisfactory to the owner or operator. If the individual is a person less than eighteen years of age, the owner or operator may also require a parent or guardian of the person to register.

3. The guest register may be kept and maintained by recording, copying, or reproducing the register by any photographic, photostatic, microfilm, microcard, miniature photographic, electronic imaging, electronic data processing, or other process which accurately reproduces or forms a durable medium for accurately and legibly reproducing an unaltered image or reproduction of the original.