PR&LA Fall 2018

Fall 2018 • PENNSYLVANIA RESTAURANT & LODGING matters •  23 presence of firearms on its premises would be to post the premises either with signage, on its website, in its contractual documents, etc. that firearms, even those legally licensed, are not allowed upon the premises. If the customer pursues the issue, the hotelkeeper could politely state that he understands one’s right to carry a firearm that is properly licensed, but he would prefer not to have firearms of any nature on the premises in order to assure a safe premises for all. If the guest continues to pursue the issue, the hotelier could ask that the firearm be placed under lock and key in his/her car or some other controlled- access place on or off the premises; or he could recommend that the firearm be locked in the establishment’s safe (if of sufficient size). The particular facts that raised this issue involved a guest who brought a legally- licensed firearm onto the hotel premises, which he left in his room while he was somewhere outside the room. In the room, the firearm was easily seen or discovered by a service employee. In addition, there were substantial quantities of alcoholic beverages visible in the room. This made for potentially dangerous conditions. In summary, in our opinion, reasonable procedures to protect the safety of all of your customers should be a primary risk management issue. You can suggest that legally-licensed firearms not be brought upon the premises. If the customer wants to push the envelope, try to find some workable alternative where it can be stored under lock and key until the customer checks out. It is significantly less expensive than taking on a potential U.S. Supreme Court case! • If you have any further questions concerning this particular subject, please contact Keith A. Clark, Esquire at kclark@shumakerwilliams.com or 717-763-1121.