(A) An innkeeper may refuse or deny any accommodations, facilities, or privileges of a lodging establishment to:
(1) A person who is unwilling or unable to pay for accommodations and services of the lodging establishment. The innkeeper may require the prospective guest to demonstrate his ability to pay by cash, valid credit card, or a validated check. The innkeeper may require a parent of a minor:
(a) to accept in writing liability of the guest room costs, taxes, all charges by the minor, and any damages to the guest room or its furnishings caused by the minor while a guest at the lodging establishment; and
(b) to provide the innkeeper with a valid credit card number to cover the guest room costs, taxes, charges by the minor, and any damages to the guest room or its furnishings caused by the minor; or
(c) if the credit card is not an option, give the innkeeper:
(i) an advance cash payment to cover the guest room costs and taxes for all room nights reserved for the minor; plus
(ii) a one hundred dollar cash deposit towards the payment of any charges by the minor or any damages to the guest room or its furnishings, which must be refunded to the extent not used to cover any such charges or any damages as determined by the innkeeper following room inspection at check-out.
(2) A person who is visibly intoxicated or who is disorderly so as to create a public nuisance.
(3) A person whom the innkeeper reasonably believes is seeking accommodations for any unlawful purpose, including the unlawful possession or use of controlled substances by such person in violation of Chapter 53 of Title 44 or the use of the premises for the consumption of beer, wine, or alcoholic liquors by a person under the age of twenty-one years in violation of Sections 63-19-2440 or 63-19-2450.
(4) A person whom the innkeeper reasonably believes is bringing in property which may be dangerous to other persons including, but not limited to, firearms or explosives.
(5) A person in excess of the number of persons a lodging establishment allows to occupy a particular guest room in the lodging establishment.
(B) The innkeeper refusing or denying accommodations, facilities, or privileges of a lodging establishment for any of the reasons specified in items (1) through (5) of this section may not be determined liable in any civil or criminal action or for any fine or penalty based upon the refusal or denial, except that the accommodation, facilities, or privilege of a lodging establishment may not be refused or denied based upon a person's race, creed, color, national origin, gender, disability, or marital status.
(C) The innkeeper may deduct from a refund of an advance payment to a person who has been ejected from the lodging establishment the value of one day's lodging plus half the value of lodging for any additional days remaining in the reserved period. This subsection would not preclude the innkeeper from deducting a lesser amount of the advance payment or making a full refund.
HISTORY: 1994 Act No. 446, Section 1, eff July 1, 1994.