Refusal of admission and ejection of undesirable guests; notice; procedure; penalties for refusal to leave.

(1) The operator of a public lodging establishment or public food service establishment may remove or cause to be removed from such establishment, in the manner provided for in this section, any guest of the establishment who:

(a) While on the premises of the establishment, illegally possesses or deals in controlled substances as defined in chapter 893 or is intoxicated, profane, lewd, or brawling;

(b) Indulges in any language or conduct which disturbs the peace and comfort of other guests or which injures the reputation, dignity, or standing of the establishment;

(c) In the case of a public lodging establishment, fails to make payment of rent at the agreed-upon rental rate by the checkout time specified in writing by the public lodging establishment;

(d) In the case of a public lodging establishment, fails to check out by the time specified in writing by the public lodging establishment at check-in, unless an extension of time is agreed to by the public lodging establishment and guest before checkout;

(e) In the case of a public food service establishment, fails to make payment for food, beverages, or services; or

(f) In the opinion of the operator, is a person the continued entertainment of whom would be detrimental to such establishment.

The admission to, or the removal from, such establishment shall not be based upon race, creed, color, sex, physical disability, or national origin.

(2) The operator of a public lodging establishment or public food service establishment shall notify the guest that the establishment no longer desires to entertain the guest and shall request that the guest immediately depart from the establishment. The notice may be given orally or in writing. An operator of a public lodging establishment that requests that a guest immediately depart due to the guest’s failure to check out or pay for the dwelling unit by checkout time must provide the notice in writing via e-mail, text message, or printed paper. The notice is effective upon delivery, whether notice is provided in person or by telephone or e-mail, using the contact information provided by the guest, or, with respect to a public lodging establishment, upon delivery to the guest’s dwelling unit. If the notice is in writing, it shall be as follows:

“You are hereby notified that this establishment no longer desires to entertain you as its guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this state.”

If the guest has paid in advance, the establishment shall, at the time the notice is given, tender to the guest the unused portion of the advance payment; however, the establishment may withhold payment for each full day that the guest has been entertained at the establishment for any portion of the 24-hour period of the day.