2007 Oregon Code - Chapter 699 :: Chapter 699 - Innkeepers and Hotelkeepers
Chapter 699 —
Innkeepers and Hotelkeepers
2007 EDITION
INNKEEPERS AND HOTELKEEPERS
OCCUPATIONS AND PROFESSIONS
699.005Â Â Â Â Definitions
699.010Â Â Â Â Limitation
on innkeeper or hotelkeeper liability for valuables
699.020Â Â Â Â Safekeeping
of baggage; scope of liability
699.030Â Â Â Â Liability
for other property
699.040Â Â Â Â Liability
in cases not covered by ORS 699.005 to 699.060
699.050Â Â Â Â Property
left in hotel over 60 days; notice and sale
699.055Â Â Â Â Guest
as trespasser
699.060Â Â Â Â Posting
of law
     699.005
Definitions. As used in ORS
699.005 to 699.060:
     (1) “Hotel” or “inn” means a property,
however owned and including a condominium under ORS chapter 100, in which rooms
or suites of rooms generally are rented as transient lodgings and not as
principal residences.
     (2) “Hotelkeeper” or “innkeeper” means the
sole proprietorship, partnership, corporation or other business entity which
manages, rents or operates a hotel or inn, including the officers and employees
of the business entity.
     (3) “Transient lodging” means a room or
suite of rooms which is occupied not as a principal residence:
     (a) By persons for periods of less than 30
consecutive days; or
     (b) With which the services normally
offered by hotels, including but not limited to daily or bidaily maid and linen
service, a front desk and a telephone switchboard, are provided, regardless of
the length of occupancy of a person. [1979 c.125 §2; 1979 c.856 §6]
     699.010
Limitation on innkeeper or hotelkeeper liability for valuables. No innkeeper or hotelkeeper, whether
individual, partnership or corporation, who constantly has in the inn or hotel
a metal safe or suitable vault in good order, and fit for the custody of money,
bank notes, railroad mileage books or tickets, negotiable or valuable papers
and bullion, jewelry, articles of gold and silver manufacture, precious stones
or ornaments which are owned, used, held or carried by any guest not as sample
merchandise or for sale, and who keeps on the doors of the sleeping rooms used
by guests, locks or bolts, and who keeps a copy of ORS 164.125 and 699.005 to
699.060 conspicuously posted in the hotel or inn, as provided in ORS 699.060,
is liable for the loss of or injury to such property suffered by any guest,
unless the guest has offered to deliver the property to the innkeeper or hotelkeeper
for custody in such metal safe or vault, and the innkeeper or hotelkeeper has
omitted or refused to take it and deposit it in such safe or vault for custody
and to give such guest therefor a receipt, claim check or key to a separate
compartment or box in such metal safe or vault. However, the keeper of any inn
or hotel is not obliged to receive from any one guest for deposit in such safe
or vault any property described and enumerated in this section exceeding a
total value of $300, and shall not be liable to such guest for loss or damage
to such property described and enumerated in this section in excess of the sum
of $300, whether received or not; except that the innkeeper or hotelkeeper may
by special arrangement with a guest receive for deposit in such safe or vault
any property, other than that described and enumerated in this section upon
such terms as they may agree to in writing. Every innkeeper or hotelkeeper is
liable for the loss of any property of a guest in the inn or hotel, whether or
not the property has been accepted for safekeeping as provided in this section,
if the loss is due to the theft or negligence of the innkeeper, hotelkeeper or
any of the servants of the innkeeper or hotelkeeper. [Amended by 1971 c.743 §411]
     699.020
Safekeeping of baggage; scope of liability. It is the duty of every guest and of every one intending to be a guest
of any hotel in this state, upon delivering to the proprietor of such hotel or
to servants of the proprietor, any baggage or other articles of property of
such guest for safekeeping (elsewhere than to the room assigned to such guest),
to demand and of such hotel proprietor to give, a claim check or receipt
therefor in such case, to evidence the fact of such delivery. No hotel
proprietor shall be liable for the loss of or injury to such baggage or other
article of property of such guests, unless the property was actually delivered
by the guest to the hotel proprietor or to servants of the proprietor for
safekeeping, or unless the loss or injury occurred through the negligence of
the hotel proprietor or by servants or employees in the hotel. However, the
innkeeper or hotelkeeper may by special arrangement with a guest receive any
baggage or other articles of property of such guest for safekeeping upon such terms
as they may agree to in writing.
     699.030
Liability for other property.
(1) The liability of the keeper of any inn or hotel, whether individual,
partnership, or corporation, for loss or injury to personal property placed by
guests under the care of the keeper, other than that described in ORS 699.010
and 699.020, shall be that of a depository for hire. However, in no case shall
such liability exceed $150 for each trunk and its contents, $50 for each valise
and its contents and $10 for each box, bundle or package and contents so placed
under the care of the keeper, and $50 for all other miscellaneous effects,
including wearing apparel and personal belongings, unless the keeper has
consented in writing with the guest to assume a greater liability.
     (2) If any person suffers baggage or
property to remain in any inn or hotel after leaving it as a guest, and after
the relation of innkeeper and guest between the guest and proprietor of the inn
or hotel has ceased, or forwards baggage or property to the inn or hotel before
becoming a guest thereof and the baggage or property received into the inn or
hotel, the innkeeper or hotelkeeper, if the keeper holds such baggage or
property, shall hold it solely at the risk of such person.
     699.040
Liability in cases not covered by ORS 699.005 to 699.060. In all cases other than provided in ORS
699.005 to 699.060, where liability is imposed by law upon a hotelkeeper or
innkeeper for loss of or damage to the personal property of a guest of such
hotelkeeper or innkeeper, the liability of such hotelkeeper or innkeeper for
the loss or damage to the personal property of such guest shall be limited to
$50, except when the loss or damage is due to the theft or gross negligence of
the innkeeper or hotelkeeper or any of the servants of either.
     699.050
Property left in hotel over 60 days; notice and sale. (1) If any person leaves any baggage or
property in any inn or hotel for a period of 60 days after the relation of
hotelkeeper or innkeeper and guest or boarder between such guest or boarder and
the proprietor of such inn or hotel has ceased, the hotelkeeper or innkeeper
may proceed to sell the baggage or other property of such guest or boarder at
private sale, 10 days after posting notice of the time and place of the sale in
three public places in the city where the hotel or inn is located, provided a
copy of such notice is mailed in an envelope, addressed to the guest or boarder
at the place of residence registered by the guest or boarder in the register of
the inn or hotel. The proceeds of the sale shall be applied first to the
payment of the hotelkeeperÂ’s or innkeeperÂ’s claims for storage on such baggage
or property and of the cost of selling the same. Any residue remaining shall,
on demand within six months, be paid to the guest or boarder and if not so
demanded within six months from the date of the sale, the residue shall be
deposited by the innkeeper or hotelkeeper with the treasurer of the county in
which the inn or hotel is situated, together with a statement of the innkeeperÂ’s
claims for storage and the cost of enforcing the same, a copy of the notice and
of the amounts received for the goods sold at the sale. The county treasurer
shall credit the residue to the general revenue fund of the county, subject to
the right of the guest or boarder, or a representative of the guest or boarder,
to reclaim it.
     (2) The notice provided for in subsection
(1) of this section shall be substantially in the following form:
______________________________________________________________________________
     I, (name of the owner, manager or other
proper person) hereby state that more than _____ days have elapsed since (name
of the owner or other person who left the property in the hotel or inn) left
certain baggage, clothing and other property in (name of hotel or inn) and that
the relation of hotelkeeper or innkeeper and guest or boarder between such
person and the undersigned has ceased as of said aforementioned time; that
there is now due or owing the undersigned on account of its storing said
baggage, clothing and property the sum of $_____. Notice hereby is given that
the undersigned will proceed to sell the clothing, baggage and other property
(no other description is necessary) of the above-named person at private sale
at (name of the hotel or inn or other place where the sale shall take place) on
the _____ day of _____, 2___.
     Dated this _____ day of _____, 2___.
Signed ____________
(Owner, manager or other proper person.)
______________________________________________________________________________
[Amended by
1957 c.670 §32]
     699.055
Guest as trespasser. When a
guest has become a trespasser under ORS 164.243 and if that guest refuses to
depart from a transient lodging in sufficient time for the hotelkeeper to honor
a confirmed reservation, the hotelkeeper may have the guest and chattels of the
guest removed by a police officer without incurring any liability to the guest
for removal and, if appropriate, may retain possession of the chattels pursuant
to ORS 87.156. [1979 c.856 §4]
     699.060
Posting of law. Every
hotelkeeper and innkeeper within this state shall keep a copy of ORS 87.156,
164.125, 164.245 and 699.005 to 699.060 printed in not less than eight-point
type, posted in not less than 10 conspicuous places in hotels or inns having 250
or more guest rooms and posted in not less than five conspicuous places in
hotels or inns having less than 250 guest rooms. [Amended by 1971 c.743 §412;
1979 c.856 §5]
     699.070 [Repealed by 1977 c.389 §1]
     699.990 [Repealed by 1977 c.389 §1]
_______________
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