(No ) (Approved January 5, 2012) AN ACT

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1 (S. B. 3255) (Conference) (No ) (Approved January 5, 2012) AN ACT To amend Section 11, amend subsections (c) and (d) and add a new subsection (f) to Section 15 of Act No. 85 of June 23, 1956, as amended, known as the Innkeepers Act of 1955, in order to provide for stringent penalties in the event that a person refuses to leave a hotel upon an innkeeper s request; impose penalties on individuals who enter rooms without the authorization of the hotel or duly registered guests; update the definition of valuables; and for other related purposes. STATEMENT OF MOTIVES Tourism is one of the sectors that contributes the most to the economy of the Island. Puerto Rico receives thousands of visitors daily who are on vacation or business, or to participate in an event, among others. Regardless of the reason, visitors expect their lives and their property to be protected. In order to guarantee this, inns have taken preventive measures that promote an environment of peace, tranquility, and calmness within their facilities. Nonetheless, in spite of the preventive security and surveillance measures implemented, hotel security staff on occasions has to deal with individuals who take advantage of this type of open business and access rooms and other areas of the property without authorization therefor or with the intent to commit an offense. Unfortunately, even when hotel security staff identifies these individuals, demands their exit from the premises, and notifies law enforcement authorities, the system does not provide proper mechanisms that allow for the imposition of severe penalties or any other type of deterrent.

2 For these reasons, this Legislative Assembly deems it necessary to amend Act No. 85 of June 23, 1956, as amended, known as the Innkeepers Act of 1955, in order to provide for stringent penalties in the event that a person refuses to leave a hotel after the appropriate notices and warnings have been made as required by law and to impose penalties on any individual who enters rooms without being duly authorized by the hotel or the registered guests. Furthermore, the definition of valuables is hereby updated to expressly include items that were originally excluded from this Act. The changes to be incorporated through this measure to the Innkeepers Act of 1955 shall benefit the tourist sector of Puerto Rico and strengthen the image of the Puerto Rican archipelago as a world class, safe destination. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF PUERTO RICO: Section 1.- Section 11 of Act No. 85 of June 23, 1956, as amended, is hereby amended to read as follows: Section 11.- Removal of Guests and Others Any innkeeper may, in a reasonable and adequate manner, cause any person to be removed from the premises of the hotel operated by him/her whenever such person shall, after warning, persist in violating any rule or regulation adopted pursuant to the provisions of Section 10, or who has committed any act whatsoever that might be offensive to hotel guests and/or visitors, and/or that is or might be detrimental to the reputation or credit of the hotel, or that is or threatens to be detrimental to the business of the hotel, whether or not specifically mentioned in any rule or regulation. As used herein, the term person shall include, but is not limited to a guest or tenant of the hotel, as well as any visitors within the premises of the hotel.

3 An innkeeper who reasonably believes that he/she has the right to dismiss any person from the premises of his/her hotel shall first notify such person verbally or in writing that his/her presence is not desired in the premises of the hotel; and, in turn, such person shall be asked to leave immediately or at a specific time and date. If the person to whom such notice is given is a guest or a tenant who has paid in advance, the innkeeper shall, at the time oral or written request to depart is made, tender to such guest or tenant the unearned portion of his/her advanced payment. The innkeeper shall deliver to such person a written notice that he/she shall leave the hotel within the term specified and warning him/her that if he/she refuses to do so he/she shall be ousted. The innkeeper shall fill the blank space in said notice specifying if the departure is required immediately or at a later time and date, which shall be set in said notice. Any person who remains or attempts to remain in a hotel for any period of time after being requested by the innkeeper either in writing or orally to depart therefrom at a specified time and date shall be deemed to be unlawfully on the premises of such hotel, and shall be guilty of a misdemeanor. In case of recidivism, the person shall be guilty of a fourth-degree felony. If any person is unlawfully within the premises of the hotel, the innkeeper may call for the assistance of any Municipal or State police officer, and it shall be the duty of each member of the Municipal police department or the Puerto Rico Police, upon request of the innkeeper, to remove such person from the premises immediately by using only such force as the circumstances may warrant. Section 2.- Subsections (c) and (d) are hereby amended and a new subsection (f) is hereby added to Section 15 of Act No. 85 of June 23, 1956, as amended, to read as follows:

4 Section 15.- Definitions As used in this Act, the terms hereinafter shall have the following meaning: (a) (b) (c) Valuables. - Shall include, but shall not be limited to, money, banknotes, bonds, gemstones, jewelry, ornaments, watches, securities, transportation tickets, photographic or video cameras, computers, electronic and/or communication devices, checks, money orders and other negotiable instruments, business papers, documents and other papers, and other small valuable items that can be deposited in a safety box, which by their nature are irreplaceable or replaceable only at a considerable expense. (d) Guest. - Shall include not only those individuals who are registered at the hotel and to whom bedrooms are assigned, but also for purposes of this Act: (1) Tenants (independently as to the form of lease contract, if any); (2) Any person entering the premises of a hotel with the intent of being a guest, whether or not he/she becomes said guest. (e) (f) Visitors.- Any person within the premises of a hotel who is enjoying the facilities, such as restaurants, pools, bars, stores, and others establishments therein, but who does not intend to become a hotel guest, and was not invited by a hotel guest. Section 3.- This Act shall take effect immediately after its approval.

5 CERTIFICATION I hereby certify to the Secretary of State that the following Act No (S. B. 3255) (Conference) of the 6 th Regular Session of the 16 th Legislative Assembly of Puerto Rico: AN ACT to amend Section 11, amend subsections (c) and (d) and add a new subsection (f) to Section 15 of Act No. 85 of June 23, 1956, as amended, known as the Innkeepers Act of 1955, in order to provide for stringent penalties in the event that a person refuses to leave a hotel upon an innkeeper s request; impose penalties on individuals who enter rooms without the authorization of the hotel or duly registered guests; update the definition of valuables; and for other related purposes. has been translated from Spanish to English and that the English version is correct. In San Juan, Puerto Rico, on this 5 th day of February, Juan Luis Martínez Martínez Director