Chapter 9 Innkeepers extend an implied invitation or license to all including nonguests to enter their facility Therefore the public s presence on the premises does not constitute trespass This implied license for nonguests can be revoked at any time Operator may use reasonable force to evict a trespasser but only after the trespasser has been asked to leave and refuses Only allowed to use the amount of force that is reasonably necessary Any additional force excessive force subject to liability Exceptions to the general rule a hotel cannot refuse accommodations to anyone seeking them No vacancies can refuse persons who are criminals intoxicated disorderly unclean and unkempt or suffering from a contagious disease person of bad reputation unable or not willing to pay in advance a reasonable price for a room covering the duration of the intended stay Deny those with firearms explosives or pets hotel s duty to protect its guests Age is not a protected class in places of public accommodation Although minors may cancel their contracts they remain liable for the reasonable value of necessities they receive Parents are liable for necessities furnished to their minor children While hotels are advised to accommodate guest preferences guests have no legal recourse if denied their preference An innkeeper would not be liable for moving a guest if he offered plaintiff proper accommodations in lieu of the room previously assigned to him The innkeeper does not become a trespasser while transferring the guest s belongings When guests are assigned a room they are to be the sole occupants during their stay Innkeeper retains the right of access only for such reasonable purposes as may be necessary in the conduct of the hotel such as normal maintenance and repair imminent danger nonpayment and when entry is requested by the guest room service When imminent danger exists an innkeeper or police may enter a guest s room to address the emergency circumstances Evict remove someone from property Grounds for eviction Failure to pay the hotel bill Overstaying hotel can assume that a new contract exists on a day to day basis or evict the guest if the other commitments are made for the room Persons of Ill Repute people with reputations for engaging in criminal activity or other types of disruptive conduct Intoxication AND Disorderly Conduct there must be a disturbance of the peace disorderly conduct threat to other guests damage to the room ect Disorderly Conduct Contagiously Ill Guests Persons without Luggage Breaking House Rules reasonable rules to ensure order and safety on the premises and to prevent misconduct that can offend guests or bring the hotel into disrepute Rules should be posted in conspicuous places including guest rooms Innkeeper can evict a nonguest for violating house rules or even without cause Business Competitors cannot be refused if seeking accommodations Can get a court order to prevent competitor from soliciting customers How to evict 1 The innkeeper should inform the person being evicted that she is no longer welcome on the premises and should leave 2 If the person asks the basis for the eviction she should be told 3 If the person declines to leave the innkeeper should repeat that the person s license to remain on the premises has been withdrawn and a second request to leave should be made 4 If he refuses to comply the hotel may have only two choices call the police or use force Preferable method call the police Assault intentionally putting someone in fear or harmful physical contact making a fist Battery causing harmful physical contact to a person intentionally hitting someone in the face Defamation making false and demeaning statements about a person to a third person Libel written defamatory statements Slander oral defamatory statements Privilege an ability to communicate alleged wrongful acts without fear of a lawsuit for statements believed to be true but ultimately determined to be false Under common law a restaurant unless it was part of an inn has the right to select its customers and to refuse any person Lien a security interest in the property of someone who owes money If the debtor fails to pay the lien entitles the creditor to take possession of the debtor s property sell it and apply the proceeds to the unpaid debt Items on a guest s bill the lien applies guestroom charge service charges for delivery of a guest s baggage to and from the hotel valet and room service Innkeeper cannot enforce the lien when the services were rendered by an independent contractor Innkeeper s lien terminates when the bill is paid Innkeeper s lien is not an exclusive remedy Defraud cheat trick Prosecutor must prove two elements at trial 1 the defendant obtained food or lodging without paying for it 2 the defendant intended to avoid payment Criminal possession of stolen property committed when a person knowingly possesses stolen property with intent to benefit herself or someone other than the owner Forgery the unauthorized alteration completion or making of a written instrument such as a credit card receipt or a check with intent to defraud or deceive False arrest unauthorized restraint of a person Chapter 10 Guest has right to occupy room without disruption from the innkeeper Exception innkeeper has legal grounds to remove the guest 5 situations when the innkeeper is authorized to enter the guest room Imminent Danger 1 Normal maintenance housekeeping and repair 2 3 Nonpayment 4 When requested to enter by the guest respond to a guest s room service order 5 When the rental period has expired and the guest has no basis to believe it has been extended Innkeepers and hotel employees must have a legal basis to enter a guest s room Permissible grounds include cleaning the room nonpayment consent of the guest when conduct in a room disturbs other guests and in an emergency If the hotel employee was legally in the guest s room when the wrongful conduct was discovered the hotel has not violated any rights of the guest If a guest discards property in a wastebasket in the guestroom the property is considered to be abandoned and no privacy rights to that property remain Privacy rights are lost if he damages property in the guest room If there is not an emergency or disruptive behavior police cannot search an occupied hotel room unless they have either permission from the guest or a search warrant Cannot search a guest s room based on the GM s permission alone Police require the guest s permission to