Criminal Penalties for Violations

1. Law
2. Georgia Code
3. Professions and Businesses
4. Regulation of Private Immigration Assistance Services
5. Criminal Penalties for Violations

Any person who violates any provision of this chapter shall be guilty of a misdemeanor for a first offense and a high and aggravated misdemeanor for a second or subsequent offense committed within five years of a previous conviction for the same offense.

(Code 1981, §43-20A-21, enacted by Ga. L. 2008, p. 1112, § 15/HB 1055.)

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required for violators.

- Those charged with offenses under former O.C.G.A. § 43-20A-4 (see now O.C.G.A. § 43-20A-21) are to be fingerprinted. 2007 Op. Att'y Gen. No. 2007-1.

CHAPTER 21 OPERATORS OF HOTELS, INNS, AND ROADHOUSES Article 1 Rights, Duties, and Liabilities of Innkeepers.

• 43-21-1. Definitions.
• 43-21-2. Depositories for hire.
• 43-21-3. Duty of innkeeper to receive guests.
• 43-21-3.1. Notice of termination of occupancy by innkeeper.
• 43-21-3.2. Written statement of period of occupancy signed by guest; rights of innkeeper and guest under contract.
• 43-21-4. Innkeeper as depository for hire; rules governing liability.
• 43-21-5. Attachment of lien on property of guests or their agents; priorities.
• 43-21-6. Enforcement of lien created by Code Section 43-21-5.
• 43-21-7. Checks or receipts for baggage.
• 43-21-8. Liability of innkeeper for stolen goods.
• 43-21-9. Acts constituting entrustment of property to innkeeper.
• 43-21-10. Deposit of valuables by guest with innkeeper.
• 43-21-11. Limitation on liability of innkeeper when valuables deposited with him.
• 43-21-12. Presumption of failure of innkeeper to exercise extraordinary diligence upon loss of entrusted property; defenses; limitation on liability.
• 43-21-13. Defrauding innkeeper.
• 43-21-14. Proof of intent to defraud.
• 43-21-15. Posting copies of law as to fraud.
• 43-21-16. Charging of excessive rates during 1996 Olympic Games; penalties; automatic repeal [Repealed].

Article 2 Sanitary Regulations for Hotels and Inns.

• 43-21-30. Bed linens.
• 43-21-31. Screens on doors and windows.
• 43-21-32. Closets and restrooms.
• 43-21-33. Penalty.

Article 3 Roadhouses and Public Dance Halls.

• 43-21-50. License requirement.
• 43-21-51. Application for license.
• 43-21-52. Term of licenses; fees; engaging in business under an expired license.
• 43-21-53. License fee as supplemental to other licenses and taxes.
• 43-21-54. Revocation of license after conviction for violation of article; barring of issuance of new license after revocation.
• 43-21-55. Furnishing list of employees to sheriff; notice of change of ownership.
• 43-21-56. Registration of guests; maintaining register.
• 43-21-57. Injunctions.
• 43-21-58. Authority of municipality to adopt provisions of article for establishments located in municipality.
• 43-21-59. Applicability of article.
• 43-21-60. Supplemental nature of article.
• 43-21-61. Occupying rooms for immoral purposes.
• 43-21-62. Penalty.

Cross references.

- Authority of Safety Fire Commissioner to promulgate rules and regulations regarding fire hazards in hotels, or apartment houses, § 25-2-19.

Regulation of tourist courts, T. 31, C. 28.

County and municipal excise taxes on rooms, lodgings, and accommodations, § 48-13-50 et seq.

JUDICIAL DECISIONS

Cited in Copeland v. Leathers, 206 Ga. 280, 56 S.E.2d 530 (1949); Summer v. Hyatt Corp., 153 Ga. App. 684, 266 S.E.2d 333 (1980); Truett v. Morgan, 153 Ga. App. 778, 266 S.E.2d 557 (1980); Davis v. Garden Servs., Inc., 155 Ga. App. 34, 270 S.E.2d 228 (1980).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 21 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 39 Am. Jur. 2d, Health, §§ 1 et seq., 26 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 58 Am. Jur. 2d, Occupations, Trades and Professions, § 1 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 14 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq. Am. Jur. 2d, New Topic Service, Americans with Disabilities Act, § 615 et seq.

C.J.S.

- 15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-1058, 1444-1448. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 12 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 146 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281.

ALR.

- Liability of innkeeper for interference with guest, 17 A.L.R. 139.

What constitutes a hotel or inn, 19 A.L.R. 517; 53 A.L.R. 988.

What constitutes a boarding house, 19 A.L.R. 538.

Constitutionality of statute in relation to hotel rates or charges, 19 A.L.R. 641.

Status and rights of one renting room in club, 32 A.L.R. 1016.

Tax or license fee in respect of dancing or other entertainment provided in connection with service of refreshments, 142 A.L.R. 572.

Relation of innkeeper and guest as affected by payment for accommodations by week, month, or the like, 145 A.L.R. 363.

Discrimination as between restaurants or eating places in statutes or ordinances respecting them, 169 A.L.R. 976.

Maintenance or regulation by public authorities of tourist or trailer camps, motor courts, or motels, 22 A.L.R.2d 774.

Tourist or trailer camp, motor court or motel, as nuisance, 24 A.L.R.2d 571.

Liability of innkeeper for injury to guest using hall or similar passageway, 27 A.L.R.2d 822.

Liability of innkeeper for injury by object thrown or falling because of conduct of guest, 74 A.L.R.2d 1241.

Liability of hotel, motel, or similar establishment for damage to or loss of guest's automobile left on premises, 52 A.L.R.3d 433.

Liability of hotel or motel operator for injury or death resulting to guest from defects in furniture in room or suite, 91 A.L.R.3d 483.

ARTICLE 1 RIGHTS, DUTIES, AND LIABILITIES OF INNKEEPERS

Law reviews.

- For article, "The Myth of the Sharing Economy and its Implications for Regulating Innovation," see 67 Emory L.J. 197 (2017).

Download our app to see the most-to-date content.