2/20/02 2644s

17apr02...3376h

2002 SESSION

02-3050

05/09

SENATE BILL 334

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill provides the circumstances in which a hotel keeper may remove or may refuse to admit a prospective hotel guest.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

2/20/02 2644s

17apr02...3376h

02-3050

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

Be it Enacted by the Senate and House of Representatives in General Court convened:

151:1 New Section; Hotels, Tourist Cabins, Etc.; Refusal or Denial of Accommodations. Amend RSA 353 by inserting after section 3-b the following new section:

353:3-bb Refusal or Denial of Accommodations.

I. A hotel keeper, including any person keeping public lodging houses, tourist camps, or cabins, may refuse or deny any accommodations, facilities, or privileges of a hotel, lodging house, or campground to:

(a) Any person who is unwilling or unable to pay for accommodations and services of the hotel, lodging house, or campground. The hotel keeper may require the prospective guest to demonstrate the ability to pay by cash, valid credit card, or a validated check.

(b) Any person under the age of 18 who does not present a signed notification from a parent or legal guardian that the parent or legal guardian accepts liability of the guest room or campground site costs, taxes, all charges by the guest, and any damages to the hotel, lodging house, campground, guest room, or its furnishings or to the campground site caused by the minor guest while at the hotel, lodging house, or campground to the extent that such costs, taxes, damages, or charges exceed the amount of cash or credit card deposit already provided by the guest.

(c) Any person or persons, if admitting that person or those persons would cause the limit on the number of persons who may occupy any particular guest room in the hotel or lodging house or a site in the campground to be exceeded. For purposes of this subparagraph, the limit represents the number permitted by local ordinances or reasonable standards of the hotel, lodging house, or campground relating to health, safety, or sanitation.

II. Nothing in this section authorizes any hotel keeper to violate the state law against discrimination, RSA 354-A.

151:2 Hotels, Tourist Cabins, Etc.; Ejection of Guests. Amend RSA 353:3-c, I and II to read as follows:

I. All hotel keepers and all persons keeping public lodging houses or cabins may remove or cause to be removed from such establishment any guest remaining in a rental unit in violation of RSA 353:3-b or RSA 353:3-bb by notifying such guest that the establishment no longer desires to entertain him or her and requesting that [he] the guest immediately leave. Any guest who remains or attempts to remain in a rental unit after being so requested to leave shall be guilty of a violation. For the purpose of this section, the term "rental unit" shall include residential property rented for one month or less.

II. All hotel keepers and persons keeping public lodging houses, cabins, or any rental unit may immediately remove or cause to be immediately removed by any law enforcement officer of this state, any guest who willfully denies other guests their right to quiet enjoyment of their tenancies, [or who violates any local or state law] including but not limited to any guest who:

(a) Disturbs, threatens, or endangers other guests;

(b) Is less than 21 years of age and possesses alcohol;

(c) Possesses illegal drugs;

(d) Violates any rule of the hotel, lodging house, or campground that is posted in a conspicuous place and manner at the guest registration desk and in each guest room; or

(e) Violates any local or state law.

II-a. [Said] The right to remove, or cause to be removed, shall arise after the hotel keeper or person keeping a public lodging house, or cabin, or their agents makes a reasonable attempt to verbally warn said guest to cease and desist said breach of quiet enjoyment or violation of local or state law. Upon such immediate eviction, the guest shall be refunded the unused portion of his or her pre-paid rental fee less damage charges for his or her actions. For the purpose of this section, the term "rental unit" shall include residential property rented for one month or less.

151:3 Effective Date. This act shall take effect upon its passage.

(Approved: May 15, 2002)

(Effective Date: May 15, 2002)