Guest Registration and State Laws – pretty serious stuff!

As we continue to evolve with technology, more and more records are paperless, handled by email or automated systems and we just aren’t recording things on paper any more. I don’t know how many inns and lodging properties actually are aware of or adhere to this state requirement, but based on the potential penalty, they should. I know it may seem like what we are asked to do might cross the line into privacy rights, but the state requires it.

§3822. Register of true name

1.  Registration.  All  persons renting a room or rooms in a hotel or lodging house must  register or have themselves registered in the hotel or lodging house  register. The innkeeper may require the registering guest to produce a  valid driver’s license, or other identification satisfactory  to the innkeeper, setting forth the name and residence of the guest. If  the guest is a minor, the innkeeper may require a parent of the guest  to register and to accept in writing liability for the guest room costs,  taxes, all charges incurred by the minor  and any damages to the guest room or its furnishings caused by the  minor while a guest at the hotel or lodging house.  [PL 2005, c. 185, §3 (AMD).]

2.  True name required.  No  person may write, or have written by another person in any hotel or  lodging house register, any name or designation other than the true name  or names ordinarily used by that person. No person in charge of a hotel  or lodging house register may knowingly permit  any name or designation to be written other than the true name or names  in ordinary use of the person registering or being registered by  another person.  [PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL  1989, c. 104, Pt. C, §§8, 10 (AMD).]

3.  Penalty.  Any  person who violates this section commits a civil violation for which a  forfeiture of not less than $10 nor more than $25 may be adjudged for  each offense.   

§3821. Register; contents; inspection; penalty

1.  Register of guests.  Every  person conducting a hotel or lodging house shall have a register kept  and maintained in the hotel or lodging house at all times. The name of  every guest or person renting a room or rooms in the hotel or lodging  house must be written in the register. The person  renting the room or rooms, or someone under that person’s direction,  shall sign the register. The proprietor of the hotel or lodging house,  or the proprietor’s agent, shall then write the number of each room  assigned to each guest, together with the date that  room is rented, opposite the name or names so registered. A guest of a  hotel or lodging house is not a tenant pursuant to the landlord and  tenant laws as provided in Title  14.  [PL 2013, c. 209, §2 (AMD).]

2.  Record of departures.  The  proprietor or the proprietor’s agent shall keep and maintain a record  showing the date when the occupant of each room surrenders the room.  This record may be made a part of the register.  [PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL  1989, c. 104, Pt. C, §§8, 10 (AMD).]

3.  Availability for inspection.  Both  the register and the record must be kept for 2 years and be available  at all reasonable times to the inspection of any lawful agent of the  licensing authority. The guest register may be “kept,” within the  meaning of this section, when reproduced on any photographic,  microfilm or other process that reproduces the original record.  [PL 2017, c. 432, Pt. F, §1 (AMD).]

4.  Violation and penalty.  Notwithstanding Title  17-A, section 4-A, any person who willfully violates this  section is guilty of a Class E crime and shall be punished by a fine of  not less than $100 nor more than $500, or by imprisonment for not more  than 90 days for each offense, or both.