2005 Nevada Revised Statutes - Chapter 651 — Public Accommodations

CHAPTER 651 - PUBLIC ACCOMMODATIONS

DUTIES AND LIABILITIES OF INNKEEPERS

NRS 651.005 Premisesdefined.

NRS 651.010 Civilliability of innkeepers limited.

NRS 651.015 Civilliability of innkeepers for death or injury of person on premises caused byperson who is not employee.

NRS 651.020 Evictionof disorderly persons.

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

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

EQUAL ENJOYMENT OF PLACES OF PUBLIC ACCOMMODATION

NRS 651.050 Definitions.

NRS 651.060 Inapplicabilityto private clubs and establishments.

NRS 651.070 Allpersons 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 ofaccommodation; unmuzzled animal may not be presumed dangerous; person subjectto same conditions and limitations as others; remedies.

NRS 651.080 Deprivationof, interference with and punishment for exercising rights and privilegesunlawful; penalty.

NRS 651.090 Civilactions; damages; equitable relief; costs and attorneys fees.

NRS 651.100 Countyand city ordinances.

NRS 651.110 Filingof complaint with Nevada Equal Rights Commission.

NRS 651.120 Limitationon criminal and civil actions.

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DUTIES AND LIABILITIES OF INNKEEPERS

NRS 651.005 Premisesdefined. 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 ormaintained in connection with a hotel, inn, motel, motor court, boardinghouseor lodginghouse.

(Added to NRS by 1995, 2670)

NRS 651.010 Civilliability of innkeepers limited.

1. An owner or keeper of any hotel, inn, motel, motorcourt, boardinghouse or lodginghouse in this state is not civilly liable forthe theft, loss, damage or destruction of any property brought by a patron uponthe 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 orkeeper.

2. An owner or keeper of any hotel, inn, motel, motorcourt, boardinghouse or lodginghouse in this state is not civilly liable forthe theft, loss, damage or destruction of any property of a guest left in aguest room if:

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

(b) Notice of this service is personally given to aguest or posted in the office and the guests room; and

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

unless theowner or keeper is grossly negligent.

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

4. The liability of the owner or keeper does notexceed 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 fitwithin the safe or vault, of an individual patron or guest, unless the owner orkeeper receives the property for deposit for safekeeping and consents to assumea liability greater than $750 for its theft, loss, damage or destruction in awritten agreement in which the patron or guest specifies the value of theproperty.

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

NRS 651.015 Civilliability of innkeepers for death or injury of person on premises caused byperson who is not employee.

1. An owner or keeper of any hotel, inn, motel, motorcourt, boardinghouse or lodginghouse is not civilly liable for the death orinjury of a patron or other person on the premises caused by another person whois not an employee under the control or supervision of the owner or keeperunless:

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

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

2. An owner or keeper of any hotel, inn, motel, motorcourt, boardinghouse or lodginghouse is civilly liable for the death or injuryof a patron or other person on the premises caused by another person who is notan employee under the control or supervision of the owner or keeper if:

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

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

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

3. For the purposes of this section, a wrongful act isnot foreseeable unless:

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

(b) Prior incidents of similar wrongful acts occurredon the premises and the owner or keeper had notice or knowledge of thoseincidents.

(Added to NRS by 1995, 2670)

NRS 651.020 Evictionof disorderly persons. Every owner or keeperof any hotel, inn, motel, motor court, or boardinghouse or lodginghouse in thisstate shall have the right to evict from such premises anyone who acts in adisorderly manner, or who destroys the property of any such owner or keeper, orwho causes a public disturbance in or upon such premises.

[2:256:1953]

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

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

(a) Post in a conspicuous place in the office and inevery 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 rateof charges by the day for lodging and make the statement available for viewing,upon request, at the registration desk or an equivalent location in theestablishment.

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

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

[3:256:1953](NRS A 1999, 3285)

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

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

(a) Establishment means any hotel, motel, inn ormotor court.

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

(c) Rates means the total charge levied at theestablishment for rooms or accommodations.

2. The rates listed on the printed statement requiredto 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 oneperson and for occupancy by two persons;

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

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

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

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

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

5. Any owner or keeper of any establishment who violatesany 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 651.050to 651.110, inclusive, unless thecontext otherwise requires:

1. Disability means, with respect to a person:

(a) A physical or mental impairment that substantiallylimits 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. Place of public accommodation means:

(a) Any inn, hotel, motel or other establishment whichprovides lodging to transient guests, except an establishment located within abuilding which contains not more than five rooms for rent or hire and which isactually occupied by the proprietor of the establishment as his residence;

(b) Any restaurant, bar, cafeteria, lunchroom, lunchcounter, soda fountain, casino or any other facility where food or spirituousor malt liquors are sold, including any such facility located on the premisesof 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, hardwarestore, 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 anaccountant or lawyer, pharmacy, insurance office, office of a provider ofhealth care, hospital or other service establishment;

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

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

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

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

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

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

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

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

(Added to NRS by 1965, 689; A 1971, 1058; 1991, 1027)

NRS 651.060 Inapplicabilityto private clubs and establishments. Theprovisions of NRS 651.050 to 651.110, inclusive, do not apply to anyprivate club or other establishment not in fact open to the public, except tothe extent that the facilities of such establishment are made available to thecustomers or patrons of an establishment within the scope of NRS 651.050.

(Added to NRS by 1965, 689)

NRS 651.070 Allpersons entitled to equal enjoyment of places of public accommodation. All persons are entitled to the full and equal enjoymentof the goods, services, facilities, privileges, advantages and accommodationsof any place of public accommodation, without discrimination or segregation onthe ground of race, color, religion, national origin or disability.

(Added to NRS by 1965, 689; A 1969, 587; 1991, 1028)

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 ofaccommodation; unmuzzled animal may not be presumed dangerous; person subjectto same conditions and limitations as others; remedies.

1. It is unlawful for a place of public accommodationto:

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

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

(c) Refuse to permit an employee of the place of publicaccommodation who is training a service animal to bring the service animalinto:

(1) The place of public accommodation; or

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

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

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

(f) Require proof that an animal is a service animal orservice 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 serviceanimal in training; and

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

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

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

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

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

4. This section does not relieve:

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

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

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

6. Persons who are accompanied by police dogs aresubject to the same conditions and limitations that apply to persons who arenot so accompanied.

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

(a) Actual damages;

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

(c) Reasonable attorneys fees as determined by thecourt.

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

9. As used in this section:

(a) Police dog means a dog which is owned by a stateor local governmental agency and which is used by a peace officer in performinghis 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 meaningascribed 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 Deprivationof, interference with and punishment for exercising rights and privilegesunlawful; penalty.

1. Any person is guilty of a misdemeanor who:

(a) Withholds, denies, deprives or attempts towithhold, deny or deprive any other person of any right or privilege secured byNRS 651.070 or 651.075;

(b) Intimidates, threatens, coerces or attempts tothreaten, intimidate or coerce any other person for the purpose of interferingwith any right or privilege secured by NRS651.070 or 651.075; or

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

2. A prosecution for violation of a local ordinanceauthorized by NRS 651.100 is a bar toany prosecution pursuant to this section.

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

NRS 651.090 Civilactions; damages; equitable relief; costs and attorneys fees.

1. Any person who:

(a) Withholds, denies, deprives or attempts towithhold, deny or deprive any other person of any right or privilege secured byNRS 651.070 or 651.075;

(b) Intimidates, threatens, coerces or attempts tothreaten, intimidate or coerce any other person for the purpose of interferingwith any right or privilege secured by NRS651.070 or 651.075; or

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

is liable tothe person whose rights pursuant to NRS651.070 or 651.075 are affected foractual damages, to be recovered by a civil action in a court in and for thecounty in which the infringement of civil rights occurred or in which thedefendant resides.

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

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

(b) Award costs and reasonable attorneys fees to theprevailing party.

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

NRS 651.100 Countyand city ordinances. Any county orincorporated city of this state may adopt a local ordinance prohibitinginfringement of the rights or privileges secured by NRS 651.070 or 651.075, but such an ordinance must not applyto any establishment outside the scope of NRS651.050 and 651.060 or impose apenalty more severe than that provided by NRS651.075 or 651.080. A prosecutionpursuant to NRS 651.075 or 651.080 is a bar to any prosecutionpursuant to an ordinance authorized by this section.

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

NRS 651.110 Filingof complaint with Nevada Equal Rights Commission. Anyperson who believes he has been denied full and equal enjoyment of the goods,services, facilities, privileges, advantages and accommodations of any place ofpublic accommodation because of discrimination or segregation based on race,color, religion, national origin or disability may file a complaint to thateffect with the Nevada Equal Rights Commission.

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

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

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