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36-501. Definitions. (a) K.S.A. 36-501 through 36-520, and amendments thereto, shall be known and may be cited as the lodging inspection act.

(b) As used in the lodging inspection act, the following words and phrases shall have the following meanings:

(1) "Hotel" means every building or other structure that is kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are offered for pay primarily to transient guests and in which four or more rooms are used for the accommodation of such guests, regardless of whether such building or structure is designated as a cabin camp, tourist cabin, motel or other type of lodging unit.

(2) "Rooming house" means every building or other structure that is 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 and in which eight or more guests may be accommodated, but that does not maintain common facilities for the serving or preparation of food for such guests.

(3) "Boarding house" means every building or other structure that is kept, maintained, advertised or held out to the public to be a place where sleeping accommodations are furnished for pay to transient or permanent guests and in which eight or more guests may be accommodated, and that maintains common facilities for the serving or preparation of food for such guests. The term "boarding house" shall not include facilities licensed under K.S.A. 2015 Supp. 75-3307b(a)(5), prior to its repeal, or facilities licensed by the Kansas department for aging and disability services that are: (A) Facilities for developmentally disabled persons receiving assistance through the department and that receive or have received after June 30, 1967, any state or federal funds; or (B) facilities where developmentally disabled persons who require supervision or limited assistance with the taking of medication reside.

(4) "Lodging establishment" means a hotel, rooming house, guest house or boarding house.

(5) "Food" means the same as provided in K.S.A. 65-656, and amendments thereto.

(6) "Guest house" means every building or other structure that is 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. A guest house shall accommodate no more than seven guests in no more than three rooms furnished with sleeping accommodations, regardless of whether common facilities for the serving or preparation of food are maintained.

(7) "Person" means an individual, partnership, corporation or other association of persons.

(8) "Municipality" means any city or county of this state.

(9) "Secretary" means the secretary of agriculture and the secretary's authorized representatives.

(10) "Department" means the Kansas department of agriculture.

History: L. 1975, ch. 314, § 5; L. 1986, ch. 324, § 1; L. 2008, ch. 84, § 9; L. 2012, ch. 145, § 3; L. 2018, ch. 71, § 6; July 1.

Source or prior law:

36-101, 36-102, 36-301.

Attorney General's Opinions:

Club and drinking establishment act; "registered guest." 98-12.

Secretary cannot adopt a regulation to establish a single license for food service establishment and retail food store. 2007-24.

CASE ANNOTATIONS

1. 1978 amendments to club law (41-2601 et seq.) and to 41-803 authorized "open saloon" in violation of Kansas constitution. State, ex rel. Schneider v. Kennedy, 225 K. 13, 14, 18, 22, 26, 587 P.2d 844.


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