SPONSOR:

Rep. Wagner & Sen. Bunting;

Reps. Buckworth, D. Ennis, Ewing, Fallon, Hudson, Reynolds, Brady

HOUSE OF REPRESENTATIVES

141st GENERAL ASSEMBLY

HOUSE BILL NO. 455

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO HOTELS, RESTAURANTS AND PLACES OF ENTERTAINMENT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 15 of Title 24 by inserting before § 1501 the following:

"Subchapter I. General Provisions."

Further Amend Chapter 15 of Title 24 by inserting the following after § 1503:

"Subsection II. Obligation of innkeepers to provide accommodations.

§ 1504. Definitions.

In this subtitle, the following words have the meanings indicated.

    1. 'Innkeeper' means the owner, operator, manager, or keeper of a lodging establishment, or the agent of an owner, operator, manager, or keeper of a lodging establishment.

    2. 'Lodging establishment' means an inn, hotel, motel, bed and breakfast or other establishment that has at least three rooms available for a fee to transient guests for lodging or sleeping purposes.

§ 1505. Prohibitions.

Except as provided herein, this subtitle may not be construed to alter the prohibition against discrimination by in innkeeper or lodging establishment established under Article 6, Chapter 15 (Equal Accommodations Law) of the Delaware Code.

§ 1506. Rental of hotel rooms to guests, requirements.

    1. An innkeeper may require a prospective guest to demonstrate the ability to pay by cash or valid credit card.

    2. An innkeeper may require each guest at a lodging establishment to register and may require the guest to produce a valid driver's license or other identification satisfactory to the innkeeper.

    3. An innkeeper may limit the number of individuals who may occupy a particular guestroom in a lodging establishment.

§ 1507. Rental of hotel rooms to guests under 18, Requirements, Rental of hotel rooms to guests Age 18-21, Requirements.

    1. For an individual who is under the age of 18 years, an innkeeper may require a parent or guardian of the individual to:

    1. accept liability for the charges for the individual's lodging and any damages to the lodging establishment caused by the individual; and

    2. provide a valid credit card or make an advance cash damage deposit of not more than $500 to cover any charges incurred or damages caused by the individual or his or her invitees.

    1. For an individual who is between the ages of 18 and 21, an innkeeper may require that the individual provide a valid credit card or make an advance cash damage deposit of not more than $500 to cover any charges incurred or damages caused by the individual or his or her invitees.

    2. If an innkeeper requires an advance deposit under Subsections (A) or (B) of this Section, the innkeeper shall, following a room inspection at the time of checkout, promptly refund any amount of the deposit not needed to cover reasonable charges for damages.

§ 1508. Posting requirements.

An innkeeper shall post a copy of this subtitle at or near the guest registration desk and in each guest room.".

SYNOPSIS

This bill allows innkeepers to require appropriate identification of prospective guests and a demonstration of the ability to pay for guestrooms, as well as to set limits on the number of guests allowed in a room. With respect to minors, the bill allows innkeepers to require a responsible parent or guardian to accept responsibility for the minor's room or to post a deposit not greater than $500 for any damages, subject to an obligation on the innkeeper promptly to refund any unused damage deposit. Individuals under age 21 also may be required to provide a valid credit card or post a deposit of not more than $500. Only to the extent of these provisions, this Bill provides a limited exception to the Equal Accommodations Law.