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Accepting Minor Guests in Your Hotel; A Checklist for Handling the Challenges of Underage Guests | By Diana S. Barber, Esq.
16 May 2004

Spring is here. Prom, graduation and college social events are scheduled to occur in the next few months. Are you ready? Is your staff well trained on how to handle underage guests in your property? Many prom attendees look upon this event as their right of passage into adulthood. How can you make this evening memorable yet protect your property and your employees? You can assist these young adults in complying with the law by implementing and consistently enforcing reasonable rules and regulations on your property.

Some hotels enjoy the revenue these special events provide to their properties with little or no concerns about disruption in operations. Others dread the thought of large groups of young people gathering in their lobby without any regard for the damage a can of silly string can do to a chandelier.

Many hotel and motel managers are not aware of the laws that govern minor guests while on, in or about your property. The likelihood of loud disturbing noise, drug use and underage drinking should be on your high priority list. There are steps you can take to meet the needs of your underage guests while protecting your employees, other guests and your property.

Must you accept minor guests in your property? Generally speaking, the answer is yes. Innkeepers have a general duty to admit all persons who seek accommodations, unless the innkeeper has “just cause” to refuse accommodations. Just cause may include lack of available guestrooms, failure of the guest to pay for the charges and a reasonable belief that the guest may harm employees, other guests or your property. Failure to allow a minor as a registered guest in your property may be grounds for an unfair discrimination charge against the innkeeper. Since state and local laws differ, it is prudent for you to confirm your legal rights and obligations in your particular area with a qualified and competent attorney.

You can, however, implement clear and reasonable rules and regulations as preconditions to accepting minors in your hotel. You must be consistent with your implementation and enforcement of these rules and you cannot discriminate.

Below is a checklist to review with your staff to make sure you are ready to receive these memory-seeking guests.

Providing a safe, memorable evening for a young adult can create long term customer loyalty and possibly result in future revenues for other life changing events such as weddings, anniversaries, and the like. Make sure the rules you create are enforced consistently, provided uniformly and are non-discriminatory.


Diana S. Barber, Esq. is the founder of LodgeLaw, A Division of Barber Law Associates, a law firm specializing in hospitality law. She also teaches at Cecil B. Day Hospitality School at Georgia State University and is a member of Georgia Hospitality & Travel Association. For more information, Ms. Barber can be reached at (770) 813-9363, www.lodge-law.com or diana.barber@lodge-law.com.

This article contains general information. It is not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, we urge you to consult with competent legal counsel.

CONTACT
Diana S. Barber, Esq.
Phone: 1-770-813-9363
Email: diana.barber@lodge-law.com

ORGANIZATION
Hospitality NetLodgeLaw | a Division of Barber Law Associates, P.C.
http://www.lodge-law.com
5925 Masters Club Drive
USA - Suwanee, GA 30024
Tollfree: 1-877-762-6260
Phone: 1-770-813-9363
Fax: 1-770-813-9695
Email: diana.barber@lodge-law.com




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