Chapter 9.35
HOTEL GUESTS
Sections:
9.35.030 Liability for loss of valuables when safe or vault furnished – Limitation.
9.35.040 Liability for loss of baggage and other property – Limitation.
9.35.050 Obtaining hotel, restaurant, etc., accommodations by fraud.
9.35.060 Lien on property of guest.
9.35.070 Sale – Notice – Disposition of funds.
9.35.080 Liability for valet and parking.
9.35.010 Definitions.
For the purposes of this chapter:
“Guest” shall include “boarders” and “lodgers” and shall also include each and every person who is a member of the family of, or dependent upon, a guest in such hotel and for whose support such guest is legally liable.
“Hotel” shall mean: any building held out to the public to be an inn, hotel or public lodging house or place where sleeping accommodations, whether with or without meals, or the facilities for preparing the same, are furnished for hire to transient guests, in which three or more rooms are used for the accommodation of such guests. A “hotel” shall also include all facilities for meeting space, entertainment, conference space, catering and amenities such as pool, sauna and other amenities associated with and/or located within the building.
“Hotel manager” shall include: proprietor, keeper, owner, operator, or lessee of a hotel. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-39. Prior code § 6.4.1.010.]
9.35.020 Record of guests.
Every hotel shall keep a record of the arrival and departure of its guests in such a manner that the record will be a permanent one for at least one year from the date of departure. [Res. 2011-020; Res. 2006-63; Res. 2006-39. Prior code § 6.4.1.020.]
9.35.030 Liability for loss of valuables when safe or vault furnished – Limitation.
Whenever the manager of any hotel shall provide a safe, safe deposit boxes or vault for the safekeeping of any money, bank notes, jewelry, precious stones, ornaments, railroad or plane tickets, negotiable securities or other valuable papers, bullion, or other valuable property of small compass belonging to the guests of such hotel, and shall notify the guests thereof in writing, stating the fact that such safe, safe deposit boxes or vault is provided in which such property may be deposited, and if such guests shall neglect to deliver such property to the person in charge of such office for deposit in the safe, safe deposit boxes or vault, the manager shall not be liable for any loss or destruction of any such property, or any damage thereto, sustained by such guests by negligence of such manager, or his, her, their or its employees, or by fire, theft, burglary, or any other cause whatsoever; but no manager of any hotel shall be obliged to receive property on deposit for safekeeping exceeding $1,000 in value; and if such guests shall deliver such property to the person in charge of said office for deposit in such safe, safe deposit boxes or vault, said manager shall not be liable for the loss or destruction thereof, or damage thereto, sustained by such guests in any such hotel, exceeding the sum of $250.00, notwithstanding said property may be of greater value, unless by special arrangement in writing with such manager; provided, however, that in case of such deposit of such property, the manager of such hotel shall in no event be liable for loss or destruction thereof, or damage thereto, unless caused by the theft or gross negligence of such manager, or his, her, their, or its agents, servants or employees. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-39. Prior code § 6.4.1.030.]
9.35.040 Liability for loss of baggage and other property – Limitation.
Except as provided for elsewhere in this chapter, the manager of a hotel shall not be liable for the loss or destruction of or damage to any personal property brought or sent into such hotel by or for any of the guests thereof, unless such loss, destruction or damage is occasioned by the gross negligence of such manager, or his, her, their, or its agents, servants or employees; but in no event shall such liability exceed the sum of $250.00, unless such manager shall have contracted in writing with such guest to assume a greater liability; provided, however, whenever any person shall suffer his baggage or property to remain in any hotel after leaving the same as a guest and after the relation of guest between such person and the manager of such hotel has ceased, or shall forward or deliver the same to such hotel, before or without becoming a guest thereof, and the same shall be received into such hotel, the liability of such manager thereof shall in no event exceed the sum of $250.00, and such manager may, at his, her, their or its option, hold such baggage or property at the risk of such owner thereof; and when any baggage or property has been kept or stored by such hotel for six months after such relation of guest has ceased, or when such relation does not exist, after six months from the receipt of such baggage or property in such hotel, such manager may, if he, she, they or it so desires, sell the same at public auction in the manner now or hereinafter provided by law for the sale of property to satisfy a hotel keeper’s lien, and from the proceeds of such sale pay or reimburse himself the expenses incurred for advertisement and sale, as well as any storage that may have accrued, and any other amounts owing by such person to said hotel; provided, that when any such baggage or property is received, kept or stored therein after such relation does not exist, such manager may, if he, she, or it so desires, deliver the same at any time to a storage or warehouse company for storage, and in such event all responsibility or liability of such hotel for such baggage or property, or for storage charges thereon, shall thereupon cease and terminate. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-39. Prior code § 6.4.1.040.]
9.35.050 Obtaining hotel, restaurant, etc., accommodations by fraud.
Any person who shall willfully obtain food, money, credit, use of facilities, lodging or accommodation at any hotel or restaurant, without paying therefor, with intent to defraud the proprietor, owner, operator or keeper thereof, or who obtains food, money, credit, use of facilities, lodging or accommodation at such hotel or restaurant by the use of any false pretense, or who, after obtaining food, money, credit, use of facilities, lodging, or accommodation at such hotel or restaurant, removes or causes to be removed from such hotel or restaurant his or her baggage, without the permission or consent of the proprietor, manager or authorized employee thereof before paying for such food, money, credit, use of facilities, lodging or accommodation, shall be guilty of a gross misdemeanor; provided, that if the aggregate amount of food, money, use of facilities, lodging or accommodation, or credit so obtained is $175.00 or more such person shall be guilty of a felony. Proof that food, money, credit, use of facilities, lodging or accommodation were obtained by false pretense or by false or fictitious show or pretense of any baggage or other property, or that the person refused or neglected to pay for such food, money, credit, use of facilities, lodging or accommodation on demand, or that he or she gave in payment for such food, money, credit, use of facilities, lodging or accommodation negotiable paper on which payment was refused, or that he or she absconded, or departed from, or left the premises without paying for such food, money, credit, use of facilities, lodging or accommodation, or that he or she removed, or attempted to remove, or caused to be removed, or caused to be attempted to be removed his or her property or baggage, shall be prima facie evidence of the fraudulent intent hereinbefore mentioned. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-39. Prior code § 6.4.1.050.]
9.35.060 Lien on property of guest.
The manager of any hotel has a lien upon, and may retain, all baggage, sample cases, and other property lawfully in the possession of a guest brought upon the premises by such guest for the proper charges due from him or her on account of his or her food, board, room rent, lodging and accommodation, conference space, catering, entertainment and for such extras as are furnished at his or her request, and for all money and credit paid for or advanced to him or her, and for the costs of enforcing such lien, and said manager shall have the right to retain and hold possession of such baggage, sample cases and other property until the amount of such charges and monies be fully paid, and to sell such baggage, sample cases, or other property for the payment of such lien, charges and monies in the manner provided in this chapter and such baggage, sample cases and property shall not be subject to attachment or execution until such lien and storage charges and the cost of satisfying such lien are fully satisfied; provided, however, that if any baggage, sample cases, or property becoming subject to the lien herein provided for does not belong to the guest who incurred the charges or indebtedness secured thereby at the time when such charges or indebtedness shall be incurred, and if the hotel manager entitled to such lien receives actual notice of such fact at any time before the sale of such baggage, sample cases or property hereunder, then and in that event such baggage, sample cases and property which are subject to said lien and do not belong to said guest at the time when such charges or indebtedness shall be incurred, shall not be subject to sale in the manner herein provided, but the same may be sold in the manner provided by law for the sale of property under a writ of execution to satisfy a judgment obtained in any action brought to recover the said charges or indebtedness. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-39. Prior code § 6.4.1.060.]
9.35.070 Sale – Notice – Disposition of funds.
If such lien and all such charges and monies are not fully paid and satisfied within 60 days from the time when such charges and monies, respectively, become due, the manager may then proceed to sell such baggage, sample cases and other property, or any part thereof, at public auction, after giving 10 days’ notice of the time and place of sale by posting said notice at the Tribal Center, and by mailing a notice of the time and place of sale to such guest at the place of residence, if any, registered by him or her on the register, if any, of said hotel; and after satisfying the lien and paying all legal charges due from such guest, including proper charges for storage of the said baggage, sample cases or property, and any expense of selling the same that may accrue, any residue remaining shall, on demand, within three months after such sale, be paid to such guest, or his or her legal representatives; provided, however, that should such guest fail or refuse to register from any particular town or city, or not register at all, the notice herein required to be mailed shall be addressed to the name of such guest at the Tribal Center, and such sale shall be a perpetual bar to any action against said manager for the recovery of such baggage, sample cases, or property, or of the value thereof, or for any damage arising from the failure of such guest to receive such baggage, sample cases, or property. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-39. Prior code § 6.4.1.070.]
9.35.080 Liability for valet and parking.
Whenever the manager of any hotel shall provide parking and/or valet services for the vehicles of a guest of such hotel, the manager shall not be liable for any loss or destruction of any such property, or any damage thereto, sustained by such guests by negligence of such manager, or his, her, their or its employees, or by fire, theft, burglary, or any other cause whatsoever; said manager shall not be liable for the loss or destruction thereof, or damage thereto, sustained by such guests in any such hotel, exceeding the sum of $250.00, notwithstanding said property may be of greater value, unless by special arrangement in writing with such manager; provided, however, that the manager of such hotel shall in no event be liable for loss or destruction thereof, or damage thereto, unless caused by the theft or gross negligence of such manager, or his, her, their, or its agents, servants or employees. [Res. 2011-020; Res. 2006-63; Res. 2006-39. Prior code § 6.4.1.080.]