2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 48 - LODGING AND HOUSING › Chapter 13 - Hotels › Section 1311 - Hotelkeepers and campground owners

§ 1311. Hotelkeepers and campground owners.
(a) Refusal of accommodations.--
A hotelkeeper and campground owner 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 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.
(ii) Provide the hotelkeeper or campground owner with a valid credit card number and authorization to cover the lodging cost, taxes, charges by the minor and any damages to the lodging accommodations and its amenities 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 lodging cost and taxes for all nights reserved for the minor.
(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.
(2) A person who is disorderly.
(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.
(4) A person who the hotelkeeper or campground owner 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 lodging accommodation in the lodging establishment, as posted by the lodging establishment.
(b) Civil liability for refusal.--
(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), known as the Pennsylvania Human Relations Act.
(c) Restitution and damages permitted.--
(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 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.
(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.
(d) Guest register requirement.--
(1) The hotelkeeper or campground owner 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 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.
(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 or campground owner 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 or campground owner unless the hotelkeeper or campground owner posts a copy of this chapter at or near the guest registration desk.
(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 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.
(June 5, 2020, P.L.250, No.33, eff. 60 days)
2020 Amendment.
Act 33 amended the section heading and subsecs. (a), (b)(1), (c)(1)(i), (d), (e) and (f) and added par. (5) to the def. of "lodging establishment" in subsec. (g).