§ 29-2-103 — Innkeeper's rights -- Liability -- Prohibition on discrimination.

(1) An innkeeper may:

(1)(a) refuse or deny accommodations, facilities, or privileges of a lodging establishment to any person who is:
(1)(a)(i) unwilling or unable to pay for the accommodations and services of the lodging establishment;
(1)(a)(ii) visibly intoxicated;
(1)(a)(iii) creating a public nuisance;
(1)(a)(iv) in the reasonable belief of the innkeeper, seeking accommodations for any unlawful purpose, including:

(1)(a)(iv)(A) the unlawful possession or use of controlled substances in violation of federal or state law; or
(1)(a)(iv)(B) use of the premises for the consumption of alcoholic beverages by any person under 21 years of age in violation of federal or state law; or
(1)(a)(v) in the reasonable belief of the innkeeper, bringing in property that may be dangerous to other persons, including firearms or explosives;
(1)(b) require a prospective guest prior to check-in to demonstrate the guest's ability to pay either in cash, by credit card, or with a validated check;
(1)(c) require a parent or legal guardian of a minor to:
(1)(c)(i) promise in writing to pay all guest room costs, taxes, and charges incurred by the minor at a lodging establishment and any damages to the lodging establishment and its furnishings caused by the minor while a guest at the lodging establishment;
(1)(c)(ii) provide an innkeeper with a valid credit card number to cover potential charges and any potential damages to the lodging establishment and its furnishings caused by the minor; or
(1)(c)(iii) if a valid credit card is not an option, provide an innkeeper with:

(1)(c)(iii)(A) an advance cash payment to cover the guest room costs and taxes for the anticipated stay of the minor; and
(1)(c)(iii)(B) a deposit, not to exceed $500, towards the payment of any charges by the minor or any damages to the lodging establishment or its furnishings, which deposit shall be refunded to the extent not used to cover any damages as determined by the innkeeper following room inspection at check-out;
(1)(d) require a guest to produce a valid driver's license, or other identification satisfactory to the innkeeper, containing a photograph and the name and address of the guest;
(1)(e) if the guest is a minor, require a parent or guardian of the guest to register and produce the same identification required in Subsection (1)(d);
(1)(f) limit the number of persons who may occupy a guest room in the lodging establishment;
(1)(g) eject a person from a lodging establishment for any of the following reasons:
(1)(g)(i) nonpayment of the lodging establishment's charges for accommodations or services;
(1)(g)(ii) visible intoxication of the guest;
(1)(g)(iii) disorderly conduct of the guest resulting in a public nuisance; or
(1)(g)(iv) the innkeeper reasonably believes that the person has violated:

(1)(g)(iv)(A) this chapter or any federal, state, or local law or regulation relating to the lodging establishment; or
(1)(g)(iv)(B) any rule of the lodging establishment posted in a conspicuous place and manner in the lodging establishment.
(2) An innkeeper may not refuse or deny use of or eject a person from a lodging establishment's facilities or privileges based upon the person's race, creed, color, national origin, gender, disability, or marital status.

Legislative History

Enacted by Chapter 231, 1995 General Session