ORS Chapter 699
Chapter 699 — Innkeepersand Hotelkeepers
2009 EDITION
INNKEEPERSAND HOTELKEEPERS
OCCUPATIONSAND PROFESSIONS
699.005 Definitions
699.010 Limitationon innkeeper or hotelkeeper liability for valuables
699.020 Safekeepingof baggage; scope of liability
699.030 Liabilityfor other property
699.040 Liabilityin cases not covered by ORS 699.005 to 699.060
699.050 Propertyleft in hotel over 60 days; notice and sale
699.055 Guestas trespasser
699.060 Postingof law
699.005Definitions.As used in ORS 699.005 to 699.060:
(1)“Hotel” or “inn” means a property, however owned and including a condominiumunder ORS chapter 100, in which rooms or suites of rooms generally are rentedas 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 hotelor 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 aprincipal 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 limitedto daily or bidaily maid and linen service, a front desk and a telephoneswitchboard, are provided, regardless of the length of occupancy of a person. [1979c.125 §2; 1979 c.856 §6]
699.010Limitation on innkeeper or hotelkeeper liability for valuables. No innkeeper orhotelkeeper, whether individual, partnership or corporation, who constantly hasin the inn or hotel a metal safe or suitable vault in good order, and fit forthe custody of money, bank notes, railroad mileage books or tickets, negotiableor valuable papers and bullion, jewelry, articles of gold and silvermanufacture, precious stones or ornaments which are owned, used, held orcarried by any guest not as sample merchandise or for sale, and who keeps onthe doors of the sleeping rooms used by guests, locks or bolts, and who keeps acopy of ORS 164.125 and 699.005 to 699.060 conspicuously posted in the hotel orinn, as provided in ORS 699.060, is liable for the loss of or injury to suchproperty suffered by any guest, unless the guest has offered to deliver theproperty to the innkeeper or hotelkeeper for custody in such metal safe orvault, and the innkeeper or hotelkeeper has omitted or refused to take it anddeposit it in such safe or vault for custody and to give such guest therefor areceipt, claim check or key to a separate compartment or box in such metal safeor vault. However, the keeper of any inn or hotel is not obliged to receivefrom any one guest for deposit in such safe or vault any property described andenumerated in this section exceeding a total value of $300, and shall not be liableto such guest for loss or damage to such property described and enumerated inthis section in excess of the sum of $300, whether received or not; except thatthe innkeeper or hotelkeeper may by special arrangement with a guest receivefor deposit in such safe or vault any property, other than that described andenumerated 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 aguest in the inn or hotel, whether or not the property has been accepted forsafekeeping as provided in this section, if the loss is due to the theft ornegligence of the innkeeper, hotelkeeper or any of the servants of theinnkeeper or hotelkeeper. [Amended by 1971 c.743 §411]
699.020Safekeeping of baggage; scope of liability. It is the duty of every guestand of every one intending to be a guest of any hotel in this state, upondelivering 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 suchhotel proprietor to give, a claim check or receipt therefor in such case, toevidence the fact of such delivery. No hotel proprietor shall be liable for theloss 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 proprietoror to servants of the proprietor for safekeeping, or unless the loss or injuryoccurred through the negligence of the hotel proprietor or by servants oremployees in the hotel. However, the innkeeper or hotelkeeper may by specialarrangement with a guest receive any baggage or other articles of property ofsuch guest for safekeeping upon such terms as they may agree to in writing.
699.030Liability for other property. (1) The liability of the keeper of anyinn or hotel, whether individual, partnership, or corporation, for loss orinjury 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 adepository for hire. However, in no case shall such liability exceed $150 foreach trunk and its contents, $50 for each valise and its contents and $10 foreach box, bundle or package and contents so placed under the care of thekeeper, and $50 for all other miscellaneous effects, including wearing appareland personal belongings, unless the keeper has consented in writing with theguest to assume a greater liability.
(2)If any person suffers baggage or property to remain in any inn or hotel afterleaving it as a guest, and after the relation of innkeeper and guest betweenthe guest and proprietor of the inn or hotel has ceased, or forwards baggage orproperty to the inn or hotel before becoming a guest thereof and the baggage orproperty received into the inn or hotel, the innkeeper or hotelkeeper, if thekeeper holds such baggage or property, shall hold it solely at the risk of suchperson.
699.040Liability in cases not covered by ORS 699.005 to 699.060. In all casesother than provided in ORS 699.005 to 699.060, where liability is imposed bylaw upon a hotelkeeper or innkeeper for loss of or damage to the personalproperty of a guest of such hotelkeeper or innkeeper, the liability of suchhotelkeeper or innkeeper for the loss or damage to the personal property ofsuch guest shall be limited to $50, except when the loss or damage is due tothe theft or gross negligence of the innkeeper or hotelkeeper or any of theservants of either.
699.050Property left in hotel over 60 days; notice and sale. (1) If anyperson leaves any baggage or property in any inn or hotel for a period of 60days after the relation of hotelkeeper or innkeeper and guest or boarderbetween such guest or boarder and the proprietor of such inn or hotel hasceased, the hotelkeeper or innkeeper may proceed to sell the baggage or otherproperty of such guest or boarder at private sale, 10 days after posting noticeof the time and place of the sale in three public places in the city where thehotel or inn is located, provided a copy of such notice is mailed in anenvelope, addressed to the guest or boarder at the place of residenceregistered by the guest or boarder in the register of the inn or hotel. The proceedsof the sale shall be applied first to the payment of the hotelkeeper’s orinnkeeper’s claims for storage on such baggage or property and of the cost ofselling the same. Any residue remaining shall, on demand within six months, bepaid to the guest or boarder and if not so demanded within six months from thedate of the sale, the residue shall be deposited by the innkeeper orhotelkeeper with the treasurer of the county in which the inn or hotel issituated, together with a statement of the innkeeper’s claims for storage andthe cost of enforcing the same, a copy of the notice and of the amountsreceived for the goods sold at the sale. The county treasurer shall credit theresidue to the general revenue fund of the county, subject to the right of theguest 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 besubstantially 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 theproperty in the hotel or inn) left certain baggage, clothing and other propertyin (name of hotel or inn) and that the relation of hotelkeeper or innkeeper andguest or boarder between such person and the undersigned has ceased as of saidaforementioned time; that there is now due or owing the undersigned on accountof its storing said baggage, clothing and property the sum of $_____. Noticehereby is given that the undersigned will proceed to sell the clothing, baggageand other property (no other description is necessary) of the above-namedperson at private sale at (name of the hotel or inn or other place where thesale shall take place) on the _____ day of _____, 2___.
Datedthis _____ day of _____, 2___.
Signed ____________
(Owner, manageror other proper person.)
______________________________________________________________________________
[Amendedby 1957 c.670 §32]
699.055Guest as trespasser.When a guest has become a trespasser under ORS 164.243 and if that guestrefuses to depart from a transient lodging in sufficient time for thehotelkeeper to honor a confirmed reservation, the hotelkeeper may have theguest and chattels of the guest removed by a police officer without incurringany liability to the guest for removal and, if appropriate, may retainpossession of the chattels pursuant to ORS 87.156. [1979 c.856 §4]
699.060Posting of law.Every hotelkeeper and innkeeper within this state shall keep a copy of ORS87.156, 164.125, 164.245 and 699.005 to 699.060 printed in not less thaneight-point type, posted in not less than 10 conspicuous places in hotels orinns having 250 or more guest rooms and posted in not less than fiveconspicuous places in hotels or inns having less than 250 guest rooms. [Amendedby 1971 c.743 §412; 1979 c.856 §5]
699.070 [Repealed by1977 c.389 §1]
699.990 [Repealed by1977 c.389 §1]
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