[HISTORY: Adopted by the Legislature of the
Menominee Indian Tribe as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-16-1994 by Ord. No. 94-16]
This article shall be titled "Liability of a
Hotelkeeper."
The purpose of this article is to limit the
liability of an innkeeper at the Gaming Corporation Hotel for the
loss of a guest's goods in the event of a fire or when not caused
by the theft or gross negligence of such hotelkeeper or his servants.
As used in this article, the following terms
shall have the meanings indicated:
The Menominee Gaming Corporation Hotel.
The hotelkeeper at the Menominee Gaming Corporation Hotel.
The following provisions have been approved
by the Menominee Tribal Legislature and enacted into law:
A.
Liability of hotelkeeper for loss of property by fire
or theft; owner's risk. A hotelkeeper is not liable for the loss of
baggage or other property of a hotel guest by a fire unintentionally
produced by the hotelkeeper. Every hotelkeeper is liable for loss
of baggage or other property of a guest caused by theft or gross negligence
of the hotelkeeper. The liability may not exceed $200 for each trunk
and its contents, $75 for each suitcase or handbag and its contents
and $10 for each box, bundle or package and its contents, so placed
under the care of the hotelkeeper, and $50 for all other effects,
including wearing apparel and personal belongings, unless the hotelkeeper
has agreed in writing with the guest to assume a greater liability.
When any person permits his or her baggage or property to remain in
any hotel after the person's status as a guest has ceased or forwards
the baggage or property to a hotel before becoming a guest and the
baggage or property is received into the hotel, the hotelkeeper holds
the baggage or property at the risk of the owner.
B.
Hotelkeeper's liability for baggage; limitation. Every
guest and intended guest of any hotel, upon delivering to the hotelkeeper
any baggage or other property for safekeeping elsewhere than in the
room assigned to the guest, shall demand and the hotelkeeper shall
give a check or receipt to evidence the delivery. No hotelkeeper shall
be liable for the loss of or injury to the baggage or other property
of a hotel guest, unless it was delivered to the hotelkeeper for safekeeping
or unless the loss or injury occurred through the negligence of the
hotelkeeper.
C.
Hotelkeeper's liability.
(1)
A hotelkeeper who complies with Subsection C(2) is not liable to a guest for loss of money, jewelry, precious metals or stones, personal ornaments or valuable papers which are not offered for safekeeping.
(2)
To secure exemption from liability the hotelkeeper
shall do all of the following:
(a)
Have doors on sleeping rooms equipped with locks
or bolts.
(b)
Offer, by notice printed in large plain English
type and kept conspicuously posted in each sleeping room, to receive
valuable articles for safekeeping and explain in the notice that the
hotel is not liable for loss unless articles are tendered for safekeeping.
(3)
A hotelkeeper is liable for loss of articles accepted
for safekeeping up to $300. The hotelkeeper need not receive for safekeeping
property over $300 in value. This subsection may be varied by written
agreement between the parties.
[Adopted 9-16-1994 by Ord. No. 94-17]
This article shall be titled "Fraud on Hotel
or Restaurant Keeper."
This article provides that any person having
obtained any food, lodging, or any other service or accommodation
at the Gaming Corporation Hotel or Restaurant who intentionally absconds
without paying for it may be fined or be imprisoned, or both.
As used in this article, the following terms
shall have the meanings indicated:
The Menominee Gaming Corporation Hotel.
The hotelkeeper at the Menominee Gaming Corporation Hotel.
The Menominee Gaming Corporation Restaurant.
The restaurant keeper at the Menominee Gaming Corporation
Restaurant.
The following provisions have been approved
by the Menominee Tribal Legislature and enacted into law:
A.
Whoever does any of the following may be penalized as provided in Subsection C:
(1)
Having obtained any beverage, food, lodging or other
service or accommodation at the hotel or restaurant, intentionally
abscond without paying for it.
(2)
While a guest at the hotel and restaurant, intentionally
defraud the keeper thereof in any transaction arising out of the relationship
as guest.
B.
Under this section, prima facie evidence of an intent
to defraud is shown by:
(1)
The refusal of payment upon presentation when due
and the return unpaid of any bank check or order for the payment of
money given by any guest at the hotel or restaurant in payment of
any obligation arising out of the relationship as guest. Those facts
also constitute prima facie evidence of an intent to abscond without
payment.
(2)
The failure or refusal of any guest at the hotel or
restaurant to pay, upon written demand, the established charge for
any beverage, food, lodging or other service or accommodation actually
rendered.
(3)
The giving of false information on a lodging registration
form or the giving of false information or presenting of false or
fictitious credentials for the purpose of obtaining any beverage or
food, lodging or credit.
(4)
The drawing, endorsing, issuing or delivering to the
hotel or restaurant of any check, draft or order for payment of money
upon any bank or other depository, in payment of established charges
for any beverage, food, lodging or other service or accommodation,
knowing at the time that there is not sufficient credit with the drawee
bank or other depository for payment in full of the instrument drawn.
C.
Penalties. Whoever violates this section, upon conviction
in a court of competent jurisdiction, shall pay a penalty as follows
in addition to restitution:
(1)
A fine not to exceed $2,500 and/or six months in jail
when the value of any beverage, food, lodging, accommodation or other
service is $1,000 or less.
(2)
A fine not to exceed $5,000 and/or one year in jail
when the value of any beverage, food, lodging, accommodation or other
service exceeds $1,000.
D.
Fraud on hotel or restaurant keeper; civil liability.
Nothing in this article shall prohibit the hotel from pursuing all
civil remedies available to it.
