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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT FURTHER ESTABLISHING THE RIGHTS OF INNKEEPERS.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


Chapter 140/of the General Laws is hereby amended by inserting after section 12 the following four sections:-

Section 12A. For the purpose of sections 12B to 12D, inclusive, the word "hotel" shall mean a hotel, motel, resort, boarding house, or inn, which is kept, used or advertised as, or held out to the public to be, a place where sleeping or housekeeping accommodations are supplied for pay to guests for transient occupancy.

Section 12B. An innkeeper may remove or cause to be removed from a hotel a guest or other person who: refuses or is unable to pay for accommodations or services; while on the premises of the hotel acts in an obviously intoxicated or disorderly manner, destroys or threatens to destroy hotel property, or causes or threatens to cause a disturbance; or violates a rule of the hotel that is clearly and conspicuously posted at or near the front desk and on the inside of the entrance door of every guest room. If the guest has paid in advance, the innkeeper shall tender to the guest any unused portion of the advanced payment at the time of removal.

Section 12C. (a) An innkeeper may refuse to admit or refuse service or accommodation in the hotel to a person who: while on the premises of the hotel acts in an obviously intoxicated or disorderly manner, destroys or threatens to destroy hotel property, or causes or threatens to cause a public disturbance; or refuses or is unable to pay for the accommodations or services. An innkeeper may require the prospective guest to demonstrate an ability to pay. An innkeeper may require a parent or guardian of a minor to accept liability for the proper charges for the minor's accommodation, board, room, or lodging; and any damages to the guest room or its furniture or furnishings caused by the minor, and provide a credit card to cover the charges. When the parent or guardian cannot provide a credit card, the innkeeper may require the parent or guardian to make an advance cash deposit in an amount not exceeding $100 for payment of any additional charges by the minor or any damages to the guest room or its furnishings. The innkeeper shall refund the damage deposit to the extent it is not used to cover any reasonable charges or damages.

(b) An innkeeper may limit the number of persons who may occupy a particular guest room in the hotel.

Section 12D. (a) A person who negligently or intentionally causes damage to the hotel or any furniture or furnishings within the hotel, shall be liable for damages sustained by the innkeeper, including the hotel's loss of revenue resulting from the inability to rent or lease rooms while the damage is being repaired.

(b) A person who negligently or intentionally causes injury to any other person or damage to any personal property of such other person on the hotel premises shall be liable for the injury or damage.

(c) A parent or guardian of a minor shall be liable for acts of the minor described in subsections (a) and (b), if the parent or guardian provides a credit card or an advance cash deposit.

Approved August 4, 2000.