An Act to Clarify the Right of Campground Owners To Evict or Deny Accommodations to Problem Guests
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the 1997 camping season will be well underway before the effective date of this Act unless it is enacted as an emergency; and
Whereas, campground owners will have no means of dealing with problem guests for the 1997 camping season; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §3838, as enacted by PL 1995, c. 88, §3, is amended to read:
§3838. Refusal or denial of accommodations; ejection
An innkeeper or campground owner may refuse or deny any accommodations, facilities or privileges of a hotel or, lodging house or campground to or may eject from the hotel or, lodging house or campground premises:
1. Person unwilling or unable to pay. Any person who is unwilling or unable to pay for accommodations and services of the hotel or, lodging house or campground. The innkeeper or campground owner may require the prospective guest to demonstrate the ability to pay by cash, valid credit card or a validated check;
2. Minor. Any person who has not attained 18 years of age unless that person:
A. Presents a signed notification from a parent that the parent accepts liability of the guest room or campground site costs, taxes, all charges by the minor and any damages to the guest room or its furnishings or to the campground site caused by the minor while a guest at the hotel or, lodging house or campground; and
B. Provides the innkeeper or campground owner with a valid credit card number or cash deposit to cover the guest room or campground site costs, taxes, charges by the minor and any damages to the guest room or its furnishings or to the campground site caused by the minor. Any cash deposit provided must be refunded to the extent not used to cover any charges or damages as determined by the innkeeper or campground owner following room or campground site inspection at check-out;
3. Property dangerous to others. Any person the innkeeper or campground owner reasonably believes is bringing in property that may be dangerous to other persons, such as firearms or explosives;
4. Limit on occupants exceeded. Any person or persons, if admitting that person or those persons would cause the limit on the number of persons who may occupy any particular guest room in the hotel or lodging house or a site in the campground to be exceeded. For purposes of this subsection, the limit represents the number permitted by local ordinances or reasonable standards of the hotel or, lodging house or campground relating to health, safety or sanitation; or
5. Violates laws or rules; endangers others. Any person who:
A. Disturbs, threatens or endangers other guests;
B. Is a minor and possesses or uses alcohol;
C. Possesses or uses illegal drugs; or
D. Violates any rule of the hotel or, lodging house or campground that is posted in a conspicuous place and manner at the guest registration desk and in each guest room.
Nothing in this section authorizes an innkeeper or campground owner to violate the Maine Human Rights Act, Title 5, chapter 337.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective March 28, 1997.
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