1. Click to edit Master title style Chapter 9 Rights of Innkeepers Many slides Copyright © 2008 by Delmar Learning

2. Introduction Hotels and restaurants may not want to serve everyone There is a right to exclude nonguests

3. Right to Exclude Nonguests Public accommodations extend an implied invitation to all, including nonguests, to enter their facility

4. Right to Exclude Nonguests Public’s presence on the premises does not constitute trespass

5. Right to Exclude Nonguests (con’t) Implied license for nonguests can be revoked by the innkeeper at any time Persons entering a hotel who are not guests and do not intend to contract for a room are required to leave the premises if asked –Otherwise, becomes a trespasser

6. Right to Exclude Nonguests (con’t) Operator may use reasonable force to evict a trespasser—only after being asked and trespasser refuses Only amount of force that is reasonably necessary to remove trespasser is permitted

7. Right to Exclude Nonguests (con’t) More force than is reasonably necessary is considered excessive force and may be grounds for a lawsuit Best practice (if time permits) is to call the police

8. Right to Exclude Nonguests (con’t) Section 509.141, Florida Statutes, provide the Florida specific process for ejection of undesirable guests Section 509.142, Florida Statutes, provides for further refusal situations

9. Refusing Lodging to a Would-Be Guest According to the text, a hotel cannot refuse accommodations to anyone seeking them if rooms are available –Section 509.092, Florida Statutes, provides that the operator has the right to refuse accommodations or service to any person (no discrimination of a protected class) But, there are exceptions other than the discrimination exemptions

10. Refusing Lodging to a Would-Be Guest (con’t) Exceptions: –Criminals –Intoxicated –Disorderly –Unclean and unkempt –Suffering from contagious disease –Persons of bad reputation –Persons not able or willing to pay in advance a reasonable price for a room –Persons with firearms or pets (excluding service animals)

11. Selecting Accommodations for a Guest Which room is assigned to a guest has always been the innkeeper’s prerogative Guests have no legal recourse if denied their preference

12. Entering a Guest’s Room Innkeeper may enter only for reasonable purposes: –Normal maintenance and repair –Imminent danger/Emergency conditions –Nonpayment –When entry is requested by the guest

13. Defamation Defamation—tort of making false and demeaning statements about a person to a third person

14. Verbal Abuse Slander—oral defamatory statements

15. Written Abuse Libel—written defamatory statements

16. Statutory Protection for the Hotelkeeper A hotel lien gives an innkeeper the right to retain the personal property of a nonpaying guest Fraud statutes authorize innkeepers and restaurateurs to pursue criminal charges against those patrons who receive services but intentionally fail to pay

17. Innkeeper’s Lien Lien—security interest in the property of someone who owes money Lien entitles creditor to take possession of the debtor’s property, sell it, and apply proceeds to unpaid debt Section 509.403, Florida Statutes, operator’s writ of distress

18. Defrauding the Hotelkeeper or Restaurateur All states seek to protect the innkeeper and restaurateur from guests who attempt to defraud by leaving without paying Many statutes provide varying penalties depending upon the amount and value of the goods/services received by the absconder

19. Defrauding the Hotelkeeper or Restaurateur (con’t) Larceny—theft of property Theft of services—receipt of services without payment Dine and Dash http://www.youtube.com/watch?v=QD_nyv 8SqHM http://www.youtube.com/watch?v=QD_nyv 8SqHM http://www.youtube.com/watch?v=T42F1O utCZUhttp://www.youtube.com/watch?v=T42F1O utCZU

20. Fraudulent Payment Bad checks –Check for which the maker has insufficient funds –Check written on a closed account Credit card –The person knows is stolen and who signs the card owner’s name

21. Fraudulent Payment (con’t) Criminal possession of stolen property—when a person knowingly possesses stolen property with intent to benefit someone other than the owner Forgery—unauthorized alteration, completion, or making of a written instrument (check or credit card) with intent to defraud or deceive

22. Fraudulent Payment (con’t) A guest who steals property is liable for the crime of larceny Misdemeanor or felony depending on the state involved and value of goods stolen Section 509.151, Florida Statutes, obtaining food or lodging with intent to defraud; penalty