[Rev. 11/21/2013 1:00:36 PM--2013]

CHAPTER 651 - PUBLIC ACCOMMODATIONS

DUTIES AND LIABILITIES OF INNKEEPERS

NRS 651.005           “Premises” defined.

NRS 651.010           Civil liability of innkeepers limited.

NRS 651.015           Civil liability of innkeepers for death or injury of person on premises caused by person who is not employee.

NRS 651.020           Eviction of disorderly persons.

NRS 651.030           Certain statutory provisions must be posted; printed statement of charges or rates must be maintained and made available for viewing; limitation on amounts charged; liability for violations.

NRS 651.040           Certain rates must be included on printed statement of charges or rates; registration card must be maintained; receipt must be given; charges must not exceed rates on printed statement; liability for violations; criminal penalty.

EQUAL ENJOYMENT OF PLACES OF PUBLIC ACCOMMODATION

NRS 651.050           Definitions.

NRS 651.060           Inapplicability to private clubs and establishments.

NRS 651.065           Not unlawful for place of public accommodation to offer differential pricing, discounted pricing or special offers based on sex.

NRS 651.070           All persons entitled to equal enjoyment of places of public accommodation.

NRS 651.075           Rights, duties and liabilities of persons training or accompanied by service animal, service animal in training or police dog; unlawful acts; rights of place of accommodation; unmuzzled animal may not be presumed dangerous; person subject to same conditions and limitations as others; remedies.

NRS 651.080           Deprivation of, interference with and punishment for exercising rights and privileges unlawful; penalty.

NRS 651.090           Civil actions; damages; equitable relief; costs and attorney’s fees.

NRS 651.100           County and city ordinances.

NRS 651.110           Filing of complaint with Nevada Equal Rights Commission.

NRS 651.120           Limitation on criminal and civil actions.

_________

 

DUTIES AND LIABILITIES OF INNKEEPERS

      NRS 651.005  “Premises” defined.  As used in NRS 651.005 to 651.040, inclusive, “premises” includes, but is not limited to, all buildings, improvements, equipment and facilities, including any parking lot, recreational facility or other land, used or maintained in connection with a hotel, inn, motel, motor court, boardinghouse or lodging house.

      (Added to NRS by 1995, 2670)

      NRS 651.010  Civil liability of innkeepers limited.

      1.  An owner or keeper of any hotel, inn, motel, motor court, boardinghouse or lodging house in this State is not civilly liable for the theft, loss, damage or destruction of any property brought by a patron upon the premises or left in a motor vehicle upon the premises because of theft, burglary, fire or otherwise, in the absence of gross neglect by the owner or keeper.

      2.  An owner or keeper of any hotel, inn, motel, motor court, boardinghouse or lodging house in this State is not civilly liable for the theft, loss, damage or destruction of any property of a guest left in a guest room if:

      (a) The owner or keeper provides a fireproof safe or vault in which guests may deposit property for safekeeping;

      (b) Notice of this service is personally given to a guest or posted in the office and the guest’s room; and

      (c) The property is not offered for deposit in the safe or vault by a guest,

Ê unless the owner or keeper is grossly negligent.

      3.  An owner or keeper is not obligated to receive property to deposit for safekeeping which exceeds $750 in value or is of a size which cannot easily fit within the safe or vault.

      4.  The liability of the owner or keeper does not exceed the sum of $750 for any property, including, but not limited to, property which is not deposited in a safe or vault because it cannot easily fit within the safe or vault, of an individual patron or guest, unless the owner or keeper receives the property for deposit for safekeeping and consents to assume a liability greater than $750 for its theft, loss, damage or destruction in a written agreement in which the patron or guest specifies the value of the property.

      [1:256:1953]—(NRS A 1979, 1114; 1993, 2258; 1995, 2670)

      NRS 651.015  Civil liability of innkeepers for death or injury of person on premises caused by person who is not employee.

      1.  An owner or keeper of any hotel, inn, motel, motor court, boardinghouse or lodging house is not civilly liable for the death or injury of a patron or other person on the premises caused by another person who is not an employee under the control or supervision of the owner or keeper unless:

      (a) The wrongful act which caused the death or injury was foreseeable; and

      (b) There is a preponderance of evidence that the owner or keeper did not exercise due care for the safety of the patron or other person on the premises.

      2.  An owner or keeper of any hotel, inn, motel, motor court, boardinghouse or lodging house is civilly liable for the death or injury of a patron or other person on the premises caused by another person who is not an employee under the control or supervision of the owner or keeper if:

      (a) The wrongful act which caused the death or injury was foreseeable; and

      (b) The owner or keeper failed to take reasonable precautions against the foreseeable wrongful act.

Ê The court shall determine as a matter of law whether the wrongful act was foreseeable and whether the owner or keeper had a duty to take reasonable precautions against the foreseeable wrongful act of the person who caused the death or injury.

      3.  For the purposes of this section, a wrongful act is not foreseeable unless:

      (a) The owner or keeper failed to exercise due care for the safety of the patron or other person on the premises; or

      (b) Prior incidents of similar wrongful acts occurred on the premises and the owner or keeper had notice or knowledge of those incidents.

      (Added to NRS by 1995, 2670)

      NRS 651.020  Eviction of disorderly persons.  Every owner or keeper of any hotel, inn, motel, motor court, or boardinghouse or lodging house in this State shall have the right to evict from such premises anyone who acts in a disorderly manner, or who destroys the property of any such owner or keeper, or who causes a public disturbance in or upon such premises.

      [2:256:1953]

      NRS 651.030  Certain statutory provisions must be posted; printed statement of charges or rates must be maintained and made available for viewing; limitation on amounts charged; liability for violations.

      1.  Every owner or keeper of any hotel, inn, motel or motor court in this state shall:

      (a) Post in a conspicuous place in the office and in every bedroom of the establishment a printed copy of this section and NRS 651.010 and 651.020; and

      (b) Maintain a printed statement of the charge or rate of charges by the day for lodging and make the statement available for viewing, upon request, at the registration desk or an equivalent location in the establishment.

      2.  No charge or sum may be collected for any greater or other sum than the owner or keeper is entitled to charge pursuant to the general rules and regulations of the establishment.

      3.  For any violation of this section, or any provision herein contained, the offender shall forfeit to the injured party 3 times the amount of the sum charged in excess of what he or she is entitled to charge.

      [3:256:1953]—(NRS A 1999, 3285)

      NRS 651.040  Certain rates must be included on printed statement of charges or rates; registration card must be maintained; receipt must be given; charges must not exceed rates on printed statement; liability for violations; criminal penalty.

      1.  As used in this section, unless the context otherwise requires:

      (a) “Establishment” means any hotel, motel, inn or motor court.

      (b) “Owner” or “keeper” means any person, firm, association or corporation.

      (c) “Rates” means the total charge levied at the establishment for rooms or accommodations.

      2.  The rates listed on the printed statement required to be maintained by an owner or keeper of an establishment pursuant to NRS 651.030 must include:

      (a) The daily rate of the room for occupancy by one person and for occupancy by two persons;

      (b) The additional charge, if any, for occupancy by each additional person over two persons;

      (c) The additional charge, if any, for each additional bed provided in the room; and

      (d) The additional charge, if any, to offset energy costs incurred by the establishment.

      3.  Every establishment shall maintain a registration card for each room and supply the person or persons registering for accommodations a receipt. Both the registration card and the receipt must reflect the type of accommodations supplied, the number of persons occupying the accommodation and the rate charged each person therefor. An establishment shall not charge more than the rates listed on the printed statement required to be maintained by an owner or keeper of an establishment pursuant to NRS 651.030.

      4.  For any violation of this section, or any provision herein contained, the offender shall forfeit to the injured party three times the amount of the sum charged in excess of what he or she is entitled to charge.

      5.  Any owner or keeper of any establishment who violates any of the provisions of this section is guilty of a misdemeanor.

      (Added to NRS by 1959, 639; A 1960, 140; 1967, 645, 1247; 1993, 259; 1999, 3286; 2001, 3266)

EQUAL ENJOYMENT OF PLACES OF PUBLIC ACCOMMODATION

      NRS 651.050  Definitions.  As used in NRS 651.050 to 651.110, inclusive, unless the context otherwise requires:

      1.  “Disability” means, with respect to a person:

      (a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

      (b) A record of such an impairment; or

      (c) Being regarded as having such an impairment.

      2.  “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.

      3.  “Place of public accommodation” means:

      (a) Any inn, hotel, motel or other establishment which provides lodging to transient guests, except an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of the establishment as the proprietor’s residence;

      (b) Any restaurant, bar, cafeteria, lunchroom, lunch counter, soda fountain, casino or any other facility where food or spirituous or malt liquors are sold, including any such facility located on the premises of any retail establishment;

      (c) Any gasoline station;

      (d) Any motion picture house, theater, concert hall, sports arena or other place of exhibition or entertainment;

      (e) Any auditorium, convention center, lecture hall, stadium or other place of public gathering;

      (f) Any bakery, grocery store, clothing store, hardware store, shopping center or other sales or rental establishment;

      (g) Any laundromat, dry cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, office of an accountant or lawyer, pharmacy, insurance office, office of a provider of health care, hospital or other service establishment;

      (h) Any terminal, depot or other station used for specified public transportation;

      (i) Any museum, library, gallery or other place of public display or collection;

      (j) Any park, zoo, amusement park or other place of recreation;

      (k) Any nursery, private school or university or other place of education;

      (l) Any day care center, senior citizen center, homeless shelter, food bank, adoption agency or other social service establishment;

      (m) Any gymnasium, health spa, bowling alley, golf course or other place of exercise or recreation;

      (n) Any other establishment or place to which the public is invited or which is intended for public use; and

      (o) Any establishment physically containing or contained within any of the establishments described in paragraphs (a) to (n), inclusive, which holds itself out as serving patrons of the described establishment.

      4.  “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

      (Added to NRS by 1965, 689; A 1971, 1058; 1991, 1027; 2009, 716; 2011, 875)

      NRS 651.060  Inapplicability to private clubs and establishments.  The provisions of NRS 651.050 to 651.110, inclusive, do not apply to any private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available to the customers or patrons of an establishment within the scope of NRS 651.050.

      (Added to NRS by 1965, 689)

      NRS 651.065  Not unlawful for place of public accommodation to offer differential pricing, discounted pricing or special offers based on sex.

      1.  Notwithstanding any provision of NRS 651.050 to 651.110, inclusive, it is not unlawful and is not a ground for a civil action for any place of public accommodation to offer differential pricing, discounted pricing or special offers based on sex to promote or market the place of public accommodation.

      2.  As used in this section, “place of public accommodation” has the meaning ascribed to it in NRS 651.050.

      (Added to NRS by 2011, 874)

      NRS 651.070  All persons entitled to equal enjoyment of places of public accommodation.  All persons are entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion, national origin, disability, sexual orientation, sex, gender identity or expression.

      (Added to NRS by 1965, 689; A 1969, 587; 1991, 1028; 2009, 717; 2011, 876)

      NRS 651.075  Rights, duties and liabilities of persons training or accompanied by service animal, service animal in training or police dog; unlawful acts; rights of place of accommodation; unmuzzled animal may not be presumed dangerous; person subject to same conditions and limitations as others; remedies.

      1.  It is unlawful for a place of public accommodation to:

      (a) Refuse admittance or service to a person with a disability because the person is accompanied by a service animal.

      (b) Refuse admittance or service to a person training a service animal.

      (c) Refuse to permit an employee of the place of public accommodation who is training a service animal to bring the service animal into:

             (1) The place of public accommodation; or

             (2) Any area within the place of public accommodation to which employees of the place of public accommodation have access, regardless of whether the area is open to the public.

      (d) Refuse admittance or service to a person because the person is accompanied by a police dog.

      (e) Charge an additional fee or deposit for a service animal, service animal in training or a police dog as a condition of access to the place of public accommodation.

      (f) Require proof that an animal is a service animal or service animal in training.

      2.  A place of public accommodation may:

      (a) Ask a person accompanied by an animal:

             (1) If the animal is a service animal or service animal in training; and

             (2) What tasks the animal is trained to perform or is being trained to perform.

      (b) Ask a person to remove a service animal or service animal in training if the animal:

             (1) Is out of control and the person accompanying the animal fails to take effective action to control it; or

             (2) Poses a direct threat to the health or safety of others.

      3.  A service animal may not be presumed dangerous by reason of the fact it is not muzzled.

      4.  This section does not relieve:

      (a) A person with a disability who is accompanied by a service animal or a person who trains a service animal from liability for damage caused by the service animal.

      (b) A person who is accompanied by a police dog from liability for damage caused by the police dog.

      5.  Persons with disabilities who are accompanied by service animals are subject to the same conditions and limitations that apply to persons who are not so disabled and accompanied.

      6.  Persons who are accompanied by police dogs are subject to the same conditions and limitations that apply to persons who are not so accompanied.

      7.  A person who violates paragraph (e) of subsection 1 is civilly liable to the person against whom the violation was committed for:

      (a) Actual damages;

      (b) Such punitive damages as may be determined by a jury, or by a court sitting without a jury, which must not be more than three times the amount of actual damages, except that in no case may the punitive damages be less than $750; and

      (c) Reasonable attorney’s fees as determined by the court.

      8.  The remedies provided in this section are nonexclusive and are in addition to any other remedy provided by law, including, without limitation, any action for injunctive or other equitable relief available to the aggrieved person or brought in the name of the people of this State or the United States.

      9.  As used in this section:

      (a) “Police dog” means a dog which is owned by a state or local governmental agency and which is used by a peace officer in performing his or her duties as a peace officer.

      (b) “Service animal” has the meaning ascribed to it in NRS 426.097.

      (c) “Service animal in training” has the meaning ascribed to it in NRS 426.099.

      (Added to NRS by 1969, 587; A 1971, 1058; 1973, 1499; 1981, 1921; 1987, 824; 1991, 1028; 1995, 1996; 1997, 74; 1999, 2519; 2003, 2637, 2977; 2005, 632)

      NRS 651.080  Deprivation of, interference with and punishment for exercising rights and privileges unlawful; penalty.

      1.  Any person is guilty of a misdemeanor who:

      (a) Withholds, denies, deprives or attempts to withhold, deny or deprive any other person of any right or privilege secured by NRS 651.070 or 651.075;

      (b) Intimidates, threatens, coerces or attempts to threaten, intimidate or coerce any other person for the purpose of interfering with any right or privilege secured by NRS 651.070 or 651.075; or

      (c) Punishes or attempts to punish any other person for exercising or attempting to exercise any right or privilege secured by NRS 651.070 or 651.075.

      2.  A prosecution for violation of a local ordinance authorized by NRS 651.100 is a bar to any prosecution pursuant to this section.

      (Added to NRS by 1965, 690; A 1997, 75)

      NRS 651.090  Civil actions; damages; equitable relief; costs and attorney’s fees.

      1.  Any person who:

      (a) Withholds, denies, deprives or attempts to withhold, deny or deprive any other person of any right or privilege secured by NRS 651.070 or 651.075;

      (b) Intimidates, threatens, coerces or attempts to threaten, intimidate or coerce any other person for the purpose of interfering with any right or privilege secured by NRS 651.070 or 651.075; or

      (c) Punishes or attempts to punish any other person for exercising or attempting to exercise any right or privilege secured by NRS 651.070 or 651.075,

Ê is liable to the person whose rights pursuant to NRS 651.070 or 651.075 are affected for actual damages, to be recovered by a civil action in a court in and for the county in which the infringement of civil rights occurred or in which the defendant resides.

      2.  In an action brought pursuant to this section, the court may:

      (a) Grant any equitable relief it considers appropriate, including temporary, preliminary or permanent injunctive relief, against the defendant.

      (b) Award costs and reasonable attorney’s fees to the prevailing party.

      (Added to NRS by 1965, 690; A 1977, 1609; 1991, 1029; 1997, 75)

      NRS 651.100  County and city ordinances.  Any county or incorporated city of this state may adopt a local ordinance prohibiting infringement of the rights or privileges secured by NRS 651.070 or 651.075, but such an ordinance must not apply to any establishment outside the scope of NRS 651.050 and 651.060 or impose a penalty more severe than that provided by NRS 651.075 or 651.080. A prosecution pursuant to NRS 651.075 or 651.080 is a bar to any prosecution pursuant to an ordinance authorized by this section.

      (Added to NRS by 1965, 690; A 1997, 76)

      NRS 651.110  Filing of complaint with Nevada Equal Rights Commission.  Any person who believes he or she has been denied full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation because of discrimination or segregation based on race, color, religion, national origin, disability, sexual orientation, sex, gender identity or expression may file a complaint to that effect with the Nevada Equal Rights Commission.

      (Added to NRS by 1965, 690; A 1975, 223; 1977, 1609; 1991, 1029; 2009, 717; 2011, 876)

      NRS 651.120  Limitation on criminal and civil actions.  A criminal or civil action authorized by NRS 651.075, 651.080, 651.090 or 651.100 may not be brought after the expiration of 1 year from the date of the act complained of. When a complaint is filed with the Nevada Equal Rights Commission pursuant to NRS 651.110, the limitation provided by this section is tolled as to any action authorized by NRS 651.075, 651.080, 651.090 or 651.100 during the pendency of such complaint before the Commission. For the purposes of this section, a complaint is pending before the Commission until the time expires for filing a petition for judicial review of the final decision of the Commission on the complaint or, if proceedings for such review are instituted, then until the proceedings are completed.

      (Added to NRS by 1965, 691; A 1975, 223; 1977, 1610; 1997, 76)