41-101. Repealed. Laws 1981, LB 487, § 62.

41-102. Repealed. Laws 1981, LB 487, § 62.

41-103. Repealed. Laws 1981, LB 487, § 62.

41-104. Repealed. Laws 1981, LB 487, § 62.

41-104.01. Repealed. Laws 1981, LB 487, § 62.

41-105. Repealed. Laws 1981, LB 487, § 62.

41-106. Repealed. Laws 1981, LB 487, § 62.

41-107. Repealed. Laws 1981, LB 487, § 62.

41-108. Repealed. Laws 1981, LB 487, § 62.

41-109. Repealed. Laws 1981, LB 487, § 62.

41-110. Repealed. Laws 1981, LB 487, § 62.

41-111. Repealed. Laws 1981, LB 487, § 62.

41-112. Repealed. Laws 1981, LB 487, § 62.

41-113. Repealed. Laws 1981, LB 487, § 62.

41-114. Repealed. Laws 1981, LB 487, § 62.

41-115. Repealed. Laws 1981, LB 487, § 62.

41-116. Repealed. Laws 1981, LB 487, § 62.

41-117. Repealed. Laws 1981, LB 487, § 62.

41-118. Repealed. Laws 1981, LB 487, § 62.

41-119. Repealed. Laws 1981, LB 487, § 62.

41-120. Repealed. Laws 1981, LB 487, § 62.

41-121. Repealed. Laws 1981, LB 487, § 62.

41-122. Repealed. Laws 1981, LB 487, § 62.

41-123. Repealed. Laws 1981, LB 487, § 62.

41-123.01. Repealed. Laws 1981, LB 487, § 62.

41-123.02. Repealed. Laws 1981, LB 487, § 62.

41-123.03. Repealed. Laws 1981, LB 487, § 62.

41-123.04. Repealed. Laws 1981, LB 487, § 62.

41-124. Repealed. Laws 1981, LB 487, § 62.

41-125. Repealed. Laws 1981, LB 487, § 62.

41-126. Repealed. Laws 1981, LB 487, § 62.

41-127. Repealed. Laws 1981, LB 487, § 62.

41-127.01. Repealed. Laws 1981, LB 487, § 62.

41-128. Repealed. Laws 1981, LB 487, § 62.

41-129. Repealed. Laws 1981, LB 487, § 62.

41-130. Repealed. Laws 1981, LB 487, § 62.

41-201. Definitions, where found.

For purposes of sections 41-201 to 41-214, unless the context otherwise requires, the definitions found in sections 41-202 to 41-207 shall be used.

Source:Laws 1982, LB 547, § 1.


41-202. Hotel, defined.

Hotel shall mean every building or other structure kept, used, maintained, advertised, or held out to the public to be a place where sleeping and other accommodations are offered for pay, principally to transient guests, in which ten or more persons are accommodated or five or more rooms are used principally for the accommodation of transient guests, with or without one or more dining rooms or cafes where meals or lunches are served to such guests, together with any buildings in connection therewith.

Source:Laws 1982, LB 547, § 2.


41-203. Motel, defined.

Motel shall mean a roadside hotel providing both lodging for travelers, whether in individual cabins or not, and garage or parking space for their motor vehicles.

Source:Laws 1982, LB 547, § 3.


41-204. Rooming house, defined.

Rooming house shall mean every building or other structure kept, used, maintained, advertised, or held out to the public to be a place where sleeping accommodations are furnished for pay to transient or permanent guests in which five or more rooms are used for the accommodation of such guests, but which does not maintain dining rooms or cafes in connection therewith, and which has not been designated as a hotel or boarding house.

Source:Laws 1982, LB 547, § 4.


41-205. Boarding house, defined.

Boarding house shall mean every building or other structure kept, used, maintained, advertised, or held out to the public to be a place where sleeping and other accommodations are furnished for pay to transient or permanent guests in which five or more rooms are used for the accommodation of such guests, which maintains a dining room, cafe, or common kitchen for the use of the guests in connection therewith, and in which social or domestic services may be provided at the request of the guest to assist such guest in daily living activities, and which has not been designated as a hotel, restaurant, or cafe.

Source:Laws 1982, LB 547, § 5.


41-206. Apartment house, defined.

Apartment house shall mean every building or other structure kept, used, maintained, advertised, or held out to the public to be a place where accommodations for living rooms, either furnished or unfurnished, single or in suites for light housekeeping, or both, are furnished for permanent guests, but where no dining room or cafe is maintained in the same building or under the same management, and where five or more tenants occupy such buildings, together with any buildings in connection therewith.

Source:Laws 1982, LB 547, § 6.


41-207. Guests, defined.

Guests shall mean and include all persons who have registered on a register provided for such purpose by hotels, motels, and rooming houses, whether assigned a room or rooms or not, occupants of apartments, patrons of restaurants, or persons who have signified their intention in writing to become a guest of such hotel, restaurant, apartment house, motel, or rooming house.

Source:Laws 1982, LB 547, § 7.


41-208. Proprietor's liability for money and valuables; conditions; amount.

No person, firm, or corporation, operating a hotel, restaurant, apartment house, motel, or rooming house, who (1) constantly has in his, her, or their place of business a metal safe or vault in good order and fit for the custody of money, bank notes, jewelry, articles of gold and silver manufacture, precious stones, personal ornaments, railroad mileage checks or tickets, negotiable or other valuable papers, bullion, or other property of small size belonging to the guests of such hotel, restaurant, apartment house, motel, or rooming house, (2) keeps suitable locks or bolts on the doors of the sleeping rooms used by guests and suitable fastenings on the transoms and windows of such rooms, and (3) constantly and conspicuously keeps posted, in the public areas of such place of business and in each sleeping room in the place of business, a copy of this section, printed in distinct type, shall be liable for the loss of or injury to such property suffered by any guest, unless such guest has offered to deliver the property to the keeper of a hotel, restaurant, apartment house, motel, or rooming house, for custody in such metal safe or vault, and the proprietor of such business has omitted or refused to take and deposit the same in such safe or vault for custody and give such guest a receipt therefor. If such property is offered by the guest and deposited by the proprietor in such safe, there shall be no liability on the part of the proprietor for loss or injury to such property absent negligence or dishonesty on the part of the proprietor or his or her agents. The proprietor of such business place shall not be obliged to receive from any one guest, for deposit in such safe or vault, any property, described in this section, exceeding a total value of five hundred dollars and shall not be liable for the value of any such property in excess of five hundred dollars, unless receipted for in writing, in which event recovery of the actual damages sustained may be allowed in an amount not to exceed the actual value of such property. Such keeper of a hotel, restaurant, apartment house, motel, or rooming house may, by special arrangement with the guest, receive for deposit in such safe or vault any property upon such terms as they may agree to in writing and, in such a case, shall be liable for any loss of the above-enumerated articles of a guest, only after such articles have been accepted for deposit, if such loss is caused by theft or negligence on the part of the keeper of such business or any of his or her servants. Whenever any person shall allow his or her trunks, grips, household articles, boxes of merchandise, or samples to remain in any hotel, restaurant, apartment house, motel, or rooming house after leaving such place of business as a guest, such proprietor shall have the right to deposit any baggage or property so received in a storage warehouse, in which event he or she shall take from the proprietor of such warehouse a receipt for the same in the name of the owner thereof, and hold the receipt, for such owner. The proprietor of a hotel, restaurant, apartment house, motel, or rooming house, after he or she has deposited such baggage or property in a storage warehouse, shall not be responsible for the loss thereof if he or she has the storage warehouse receipt for delivery to the owner of such baggage or property upon demand.

Source:Laws 1982, LB 547, § 8.


41-209. Proprietor's liability for baggage and wearing apparel; amount.

Every person, firm, or corporation maintaining, operating, or conducting a hotel, restaurant, apartment house, motel, or rooming house, where a suitable room or rooms are provided for the reception and keeping of trunks, packages, wearing apparel, and similar articles, who, on the request of a bona fide guest of such place of business, receives for safekeeping any trunk, bag, or articles of wearing apparel, or similar articles shall (1) issue to such guest a receipt or check therefor, (2) be responsible for such property so taken, and (3) be liable for loss, damage, or injury to such property, except that the person, firm, or corporation, operating such hotel, restaurant, apartment house, motel, or rooming house, shall not be required to receive and be responsible for any (a) trunk and its contents to the value of more than two hundred dollars, (b) valise, grip, or sample case and its contents to the value of more than seventy-five dollars, (c) box, bundle, or package and its contents to the value of more than twenty-five dollars, or (d) miscellaneous other effects, including wearing apparel and personal belongings so checked to the value of more than seventy-five dollars, unless he or she shall have consented in writing with such guest to assume a greater responsibility.

Source:Laws 1982, LB 547, § 9.


41-210. Proprietor's liability; limitation.

The limitations of liability, provided for in sections 41-208 and 41-209, shall apply to all property brought upon the premises of the hotel, restaurant, apartment house, motel, or rooming house for forty-eight hours after the guest has ceased occupying the premises and paid his or her bill therefor, which shall terminate the relation of keeper and guest, except that the keeper or owner may continue to hold such property at the risk of the guest or owner of such property.

Source:Laws 1982, LB 547, § 10.


41-211. Proprietor's liability; limitation; notice; declaration of value; display copy of law.

For any loss of or damage to any property left by a guest after he or she has departed from any hotel, restaurant, apartment house, motel, or rooming house and ceased to be a guest thereof, the liability of the proprietor thereof, whether or not such loss or damage is occasioned by the negligence of such proprietor or his or her agents or servants, shall be that of a gratuitous bailee and the amount which may be recovered against such proprietor shall not exceed the sum of two hundred fifty dollars unless the guest shall have declared a greater value upon the property in writing and delivered such declaration, while a guest thereof, to the hotel, restaurant, apartment house, motel, or rooming house, in which event recovery of the actual damages sustained may be allowed in an amount not in excess of the value so declared. Forms for making such declaration shall be furnished by the hotel, restaurant, apartment house, motel, or rooming house. A copy thereof, signed by the proprietor or his or her agent, shall be delivered to the guest. A copy of this section printed in not smaller than ten-point type shall be conspicuously posted in the public areas and in each room of each hotel, restaurant, apartment house, motel, or rooming house desiring to obtain the benefit of this section.

Source:Laws 1982, LB 547, § 11.


41-212. Proprietor's liability for property being transported; limitation; declaration; display copy of law.

For any loss of or damage to any property of a guest while in transport to or from any hotel, restaurant, apartment house, motel, or rooming house, whether or not such loss or damage is occasioned by the negligence of such proprietor or his or her agents or servants, the amount which may be recovered against such proprietor shall not exceed five hundred dollars unless the guest shall have declared a greater value upon the property in writing and delivered such declaration, while a guest thereof, to the hotel, restaurant, apartment house, motel, or rooming house, in which event recovery of the actual damages sustained may be allowed in an amount not in excess of the value so declared. Forms for making such declaration shall be furnished by the hotel, restaurant, apartment house, motel, or rooming house. A copy thereof, signed by the proprietor or his or her agent, shall be delivered to the guest. A copy of this section printed in not smaller than ten-point type shall be conspicuously posted in the public areas and in each room of each hotel, restaurant, apartment house, motel, or rooming house desiring to obtain the benefit of this section.

Source:Laws 1982, LB 547, § 12.


41-213. Proprietor's liability; negligence of proprietor or agents; limitation; declaration; display copy of law.

For any loss of or damage to any property brought into any hotel, restaurant, apartment house, motel, or rooming house, arising out of the negligence of the proprietor or his or her agents or servants, the proprietor thereof shall not be liable for an amount in excess of one thousand dollars unless such guest shall have declared a greater value upon the property in writing and delivered such declaration, while a guest thereof, to the hotel, restaurant, apartment house, motel, or rooming house, in which event recovery of the actual damages sustained may be allowed but not in excess of the value so declared. Forms for making such declaration shall be furnished by the hotel, restaurant, apartment house, motel, or rooming house. A copy thereof signed by the proprietor or his or her agent shall be delivered to the guest. A copy of this section printed in not smaller than ten-point type shall be conspicuously posted in the public areas and in each room of each hotel, restaurant, apartment house, motel, or rooming house desiring to obtain the benefit of this section.

Source:Laws 1982, LB 547, § 13.


41-214. Proprietor's liability; notice of loss required; when; display copy of law.

There shall be no liability on the part of the proprietor of any hotel, apartment house, rooming house, restaurant, or motel, for loss of, or damage to, any property of guests of such place of business unless within seven days from the time of discovery of any loss or damage, such loss or damage is reported in writing to such proprietor. A copy of this section in not smaller than ten-point type shall be conspicuously posted in the public areas and in each room of each hotel, restaurant, apartment house, motel, or rooming house desiring to obtain the benefit of this section.

Source:Laws 1982, LB 547, § 14.