740 ILCS 90/ Innkeeper Protection Act.

(740 ILCS 90/0.01) (from Ch. 71, par. 0.01)

Sec. 0.01. Short title. This Act may be cited as the Innkeeper Protection Act.

(Source: P.A. 86-1324.)

(740 ILCS 90/1) (from Ch. 71, par. 1)

Sec. 1. Whenever the proprietor or manager of any hotel provides a safe or vault in a convenient place, for the safe keeping of any money, jewels, ornaments, bank notes, bonds, negotiable security, or other valuable papers, precious stones, railroad tickets, articles of silver or gold, or any other valuable property and personal effects of small compass, belonging to or brought in by the guests of such hotel, and notifies the guests thereof by posting notices in not less than 10 conspicuous places in such hotel stating the fact that such safe place is provided in which such articles may be deposited, if such guests neglect or fail to deliver such property to the person in charge of such safe or vault for deposit therein, then the liability of such hotel, the proprietor or manager thereof, for any and all loss or damage to such property or effects sustained by such guest is limited to such loss or damage as may result from the fault or negligence of such proprietor or manager or of his agents or employees, but in no event is such hotel, the proprietor or manager thereof, liable for loss or damage in an amount exceeding $250, regardless of whether such loss or damage is occasioned by theft, the fault or negligence of such proprietor or manager or of his agents or otherwise. If such guests deliver such property to the person in charge of such safe or vault for deposit therein, such hotel, the proprietor or manager thereof, is not liable for the loss of or damage to such property sustained by such guest or other owner thereof in any amount exceeding the sum of $500, regardless of whether such loss or damage is occasioned by theft, the fault or negligence of such proprietor or manager or his agents or employees or otherwise, notwithstanding such property may be of greater value, unless such proprietor or manager has entered into a special agreement in writing with the guest agreeing to assume additional liability.

(Source: Laws 1959, p. 1765.)

(740 ILCS 90/2) (from Ch. 71, par. 2)

Sec. 2. Every hotel proprietor shall have a lien upon all the baggage and effects brought into said hotel by his guests for any and all proper charges due him from such guests for hotel accommodations, and said hotel proprietor shall have the right to detain such baggage and effects until the amount of such charges shall have been fully paid, and unless such charges shall have been paid within sixty days from the time when the same accrued, said hotel proprietor shall have the right to sell such baggage and effects at public auction after giving ten days' notice of the time and place of such sale, by publication of such notice in a newspaper of general circulation in the county in which said hotel is situated, and also by mailing, ten days before such sale, a copy of such notice addressed to such guest at his post office address, if known to said hotel proprietor, and if not known, then to his place of residence registered by said guest in the register of such hotel; and after satisfying such lien out of the proceeds of such sale, together with any costs that may have been incurred in enforcing said lien, the residue of said proceeds of sale, if any, shall, within six months after such sale, on demand, be paid by said hotel proprietor to such guest; and if not demanded within six months from the date of such sale, such residue or remainder shall be deposited by such hotel proprietor with the county treasurer of the county in which such hotel is situated, together with a statement of such hotel proprietor's claim, the amount of costs incurred in enforcing the same, a copy of the published notice, and the amount received from the sale of said property so sold at said sale; and said residue shall, by said county treasurer, be accredited to the general revenue fund of said county, subject to the right of said guest or his representatives to reclaim the same at any time within three years from and after the date of such deposit with said county treasurer, and such sale shall be a perpetual bar to any action against said hotel proprietor for the recovery of such baggage or property, or of the value thereof, or for any damages growing out of the failure of such guest to receive such baggage or property.

(Source: Laws 1909, p. 252.)

(740 ILCS 90/3) (from Ch. 71, par. 3)

Sec. 3. As to any and all property and effects not provided for in Section 1 of this Act, other than merchandise samples or merchandise for sale, brought into a hotel by any guest thereof, the liability of such hotel or the proprietor or manager thereof for any and all loss thereof or damage thereto is limited to such loss or damage as may result from the fault or negligence of such proprietor or manager or of his or her agents or employees, but in no event is such hotel, the proprietor or manager thereof, liable for loss or damage in an amount exceeding $250; provided, that where such property and other effects of the type covered by this section are delivered to the proprietor or manager of such hotel, or to his or her employees or agents, for safekeeping, and the guest receives a check or receipt therefor, such hotel or the proprietor or manager thereof is not liable for any loss or damage to such property and effects in excess of the following amounts, respectively:

Trunks and contents.......................................$250

Valises and traveling cases and contents..................$ 75

Boxes, parcels and packages and contents..................$ 25

All other miscellaneous property and effects,

including wearing apparel and personal

belongings and any contents thereof...................$ 75

The respective limitations on liability provided for in this section apply regardless of whether any such loss or damage in an amount in excess thereof is occasioned by theft, the fault or negligence of such proprietor or manager or his or her agents or employees, or otherwise, unless such proprietor or manager has contracted in writing to assume greater liability. When any trunk, valise, traveling case, box, parcel, package, article of apparel, or other property and effects to which this Section applies contains any valuable property or effects of the kind otherwise provided for in Section 1 of this Act, and are delivered to the proprietor, manager, employees or agents of such hotel for safekeeping, the provisions of this Section nevertheless apply to any loss of or damage to such valuable property or other effects so contained therein, notwithstanding anything to the contrary in Section 1 of this Act.

(Source: P.A. 84-551.)

(740 ILCS 90/3.1) (from Ch. 71, par. 3.1)

Sec. 3.1. No hotel or the proprietor or manager thereof is liable for the loss of or damage to any merchandise samples or merchandise for sale brought into a hotel by a guest or other owner thereof, regardless of whether such loss or damage is occasioned by theft, the fault or negligence of such proprietor or manager or his agents or employees, or otherwise, unless the guest or other owner has given written notice of the bringing of such merchandise into the hotel and of the value thereof, and the receipt of such notice has been acknowledged in writing by the proprietor or manager prior to or at the time such merchandise is brought into the hotel by such guest or other owner. Where such notice is given and acknowledged as provided in this Section, neither the hotel nor the proprietor nor manager thereof is liable for loss of or damage to any such merchandise samples or merchandise for sale in any sum exceeding $250, regardless of whether such loss or damage is occasioned by theft, the fault or negligence of such proprietor or manager or his agents or employees, or otherwise, unless the manager or proprietor of such hotel has contracted by a separate agreement in writing to assume a greater liability.

(Source: Laws 1959, p. 1765.)

(740 ILCS 90/3.2) (from Ch. 71, par. 3.2)

Sec. 3.2. Where the proprietor or manager of a hotel transports to or from the hotel in conveyance owned or operated by the hotel any property or effects of any kind whatsoever on behalf of a guest thereof, such hotel or the manager or proprietor thereof is not liable to such guest or other owner of such property or effects for any loss of or damage to any such property or effects in excess of the following amounts, respectively:

Trunks and contents.......................................$250

Valises and traveling cases and contents..................$ 75

Boxes, parcels and packages and contents..................$ 25

All other property and effects............................$ 75

regardless of whether such loss or damage is occasioned by theft, the fault or negligence of such proprietor or manager or his agents or employees, or otherwise, unless the manager or proprietor of such hotel has contracted by a separate agreement in writing to assume a greater liability.

(Source: Laws 1959, p. 1765.)

(740 ILCS 90/4) (from Ch. 71, par. 4)

Sec. 4. In case of loss of or damage to any property or effects left by a guest after he has departed from any hotel and ceased to be a guest thereof, and in the case of loss of or damage to any property or effects forwarded to such hotel by a person prior to becoming a guest thereof, the liability of the proprietor is that of "gratuitous bailee", and in all such cases the extent of such liability is limited to not more than $100, regardless of whether any loss of or damage to such property and effects is occasioned by theft, the fault or negligence of such proprietor or manager or his agents or employees, or otherwise, unless the manager or proprietor of such hotel has contracted by a separate agreement in writing to assume greater liability. The hotel, or the proprietor or manager thereof, after holding any such property for 10 days or more, has the right to deposit such property and effects in a storage warehouse or any other public depositary, in which event he shall take from the proprietor of such storage warehouse or other public depositary a receipt for the same, in the name of the guest or person forwarding or leaving such property, and hold the same for such guest or person; and the hotel or the proprietor or manager thereof, after he has so deposited such baggage or property in such storage warehouse or other public depositary, is not responsible for any loss of or damage to such property to the guest or other owner thereof, regardless of how caused. The proprietor or manager of any such hotel shall deliver to such guest or person any such receipt upon demand and payment by such guest or person of any moving, packing or storage charges and costs reasonably incurred by the hotel in the transfer of the property to storage. In the case of loss of or damage to any such property or effects left by such departed guest which are shipped by the hotel to such guest's home or to any address that the guest may request, the hotel, or the proprietor or manager, is not liable for any loss of or damage to such property which occurs in shipping, regardless of how caused, the packing and shipping of such property being solely at the risk of the guest or other owner thereof.

(Source: Laws 1959, p. 1765.)

(740 ILCS 90/5) (from Ch. 71, par. 4a)

Sec. 5. Any person who, with intent to defraud, shall obtain lodging, food, money, property or other accommodation at a hotel, inn, boarding house or lodging house without paying therefor shall be guilty of a Class A misdemeanor. In case of a second conviction of the offense described, the punishment shall be that provided for a Class 4 felony.

(Source: P.A. 77-2529.)

(740 ILCS 90/6) (from Ch. 71, par. 4b)

Sec. 6. Proof that lodging, food, money, property, or other accommodations were obtained either by false pretense or false representations, or by false or fictitious show or pretense of baggage, or by failing or refusing to pay for such lodging, food, money, property or other accommodations on demand, or by making a purported payment for such lodging, food, money, property or other accommodations by check or other negotiable paper upon which payment is stopped or refused, or by absconding or leaving the premises without paying or offering to pay for such lodging, food, money, property or other accommodations, or by surreptitiously removing or attempting to remove his or her baggage or effects shall be deemed prima facie proof of the fraudulent intent mentioned in Section five of this Act; but this section shall not apply in cases where there has been a written agreement for extension of credit made at the time or before the lodging, food, money, property, or other accommodations have been furnished.

(Source: Laws 1939, p. 678.)

(740 ILCS 90/7) (from Ch. 71, par. 4c)

Sec. 7. The word "hotel" within the meaning of this act includes every building or structure kept, used, maintained, advertised, and held out to the public to be a place where lodging, or lodging and food, or apartments, or suites, or other accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which 25 or more rooms are used for the lodging, or lodging and food, or apartments, or suites, or other accommodations of such guests.

The owner or keeper of such hotel, apartment hotel, residential hotel, motel, motor court, inn, boarding or lodging house shall post a copy of this law in conspicuous places upon the premises.

(Source: Laws 1959, p. 1765.)

(740 ILCS 90/8) (from Ch. 71, par. 4d)

Sec. 8. All acts or parts of acts inconsistent with the foregoing are hereby repealed. If any provision of this Act is held invalid, the remainder of the Act shall not be affected thereby.

(Source: Laws 1939, p. 678.)

(740 ILCS 90/9) (from Ch. 71, par. 4e)

Sec. 9. Any person who shall remove or attempt to remove from any hotel, inn, boarding house or lodging house any article of property belonging to such hotel, inn, boarding house or lodging house shall be guilty of a Class A misdemeanor.

(Source: P.A. 77-2529.)

(740 ILCS 90/10)

Sec. 10. Refusal of admission. A proprietor or manager of a hotel may refuse to admit or refuse service or accommodations to a person who:

(1) while on the premises of the hotel, destroys or threatens to destroy hotel property or causes or threatens to cause a public disturbance; or

(2) is seeking accommodations for the unlawful possession or use of controlled substances or the use of the premises for the consumption of alcoholic liquor by a person under the age of 21.

(Source: P.A. 103-147, eff. 8-29-23.)

(740 ILCS 90/11)

Sec. 11. Right to eject.

(a) A proprietor or manager of a hotel may remove or cause to be removed from a hotel a guest or other person who:

(1) refuses to pay for accommodations or services;

(2) while on the premises of the hotel, destroys or threatens to destroy hotel property, verbally or physically threatens employees or guests, or causes or threatens to cause a public disturbance;

(3) is using the premises for the unlawful possession or use of controlled substances by the person or using the premises for the consumption of alcoholic liquor by a person under the age of 21 years of age;

(4) violates any federal, State, or local laws, ordinances, or rules relating to the hotel;

(5) violates a rule of the hotel that is clearly and conspicuously posted at or near the front desk or posted online where the guest can view it before making a reservation at the hotel; or

(6) uses verbally abusive language toward the hotel's employees or guests. As used in this Section, "verbally abusive language" means any language that would reasonably be found to be threatening or demeaning.

(b) If the guest has paid in advance, the proprietor or manager of a hotel shall tender to the guest any unused portion of the advance payment at the time of removal.

(c) Nothing in this Section shall be used as a pretext to discriminate against a guest on the basis of characteristics protected under local, State, or federal antidiscrimination laws. This Section does not limit any rights or protections that a guest or other person may have under local, State, or federal antidiscrimination or civil rights laws.

(d) A proprietor or manager of a hotel shall not eject a guest while the area the hotel is located in is under a severe weather warning without first giving a verbal or written warning to the guest that the guest may be ejected for the guest's behavior. As used in this subsection, "severe weather warning" means a tornado warning, severe thunderstorm warning, flash flood warning, or winter storm warning issued by the National Weather Service.

(e) Nothing in this Section shall be used as a pretext to terminate a month-to-month, yearly, or any other term lease, written or oral, of a permanent resident. A proprietor or manager of a hotel shall not terminate the lease of a permanent resident without first going through the appropriate legal process required to lawfully terminate such lease. This Section does not limit any rights or protections a permanent resident may have under local, State, or federal landlord or tenant laws or fair housing laws.

(Source: P.A. 103-147, eff. 8-29-23.)