Hotels (Federal Territory Of Kuala Lumpur) Act 2003

Original Language Title: Hotels (Federal Territory of Kuala Lumpur) Act 2003

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Laws of MALAYSIA Act REPRINTING ACT 626 hotels (KUALA LUMPUR) 2003 Contain all amendments to 1 January 2006 1Hotels (Federal Territory of Kuala Lumpur) ISSUED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 laws of Malaysia ACT 6262 ACT HOTEL (KUALA LUMPUR) 2003 date of Assent.................. July 29, 2003, the date of publication in the Gazette............ 7 August 2003 PREVIOUS PRINTING Reprinting the first............ 2004 Hotel (Kuala Lumpur) 3 laws of MALAYSIA Act 626 ACT HOTEL (KUALA LUMPUR) 2003 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation Part II LICENSING 3. Prohibition 4. Application to obtain a licence and grant of license 5. Documents and information required 6. Duration and renewal of licence 7. License for these can be removed along with the other licences 8. Temporary licence 9. License shall be displayed and submitted 10. Deposit 11. Transfer of licence 12. Suspension or cancellation of licence 13. Appeal PART III ENFORCEMENT 14. Authority to investigate 15. Search with warrant laws of Malaysia ACT 6264 Section 16. Search without warrant 17. Examination of women 18. The authority to close the hotel for 19. Power to enter 20. Power to require name, etc., given 21. Examination of person case 22. Power to arrest 23. List of things seized 24. Forfeiture 25. Article or articles by tabiinya lekas damaged 26. Obstacles, etc.
PART IV MISCELLANEOUS 27. Servants or agents offences by 28. Offences by body corporate 29. General penalty 30. Prosecution 31. The jurisdiction of the magistrate's 32. Compounding of offence 33. Money shall be paid into the funds of the 34. The power of the police officer under this Act 35. The power to make regulations 36. The abolition of 37. Continuation rules, etc.
Hotel (Kuala Lumpur) 5 laws of MALAYSIA Act 626 ACT HOTEL (KUALA LUMPUR) 2003 an act to provide for the licensing and control of hotels in Kuala Lumpur and for matters connected therewith.
[1st April 2004, P.U. (B) 144/2004]
Enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the Hotel Act (Federal territory of Kuala Lumpur) 2003.
(2) of this Act come into force on such date as the Minister may, by notification in the Gazette.
Interpretation 2. In this Act, unless the context otherwise requires — "this Act" includes the regulations made under this Act;
"Dato Bandar" means Dato Bandar Kuala Lumpur appointed under section 4 of the Federal Capital Act 1960 [Act 190];
Laws of Malaysia ACT 6266 "hotel" means any premises where — (a) the person be given refuge or staying for any type of hire or reward; and (b) are fitted by the owner, tenant, lessee, occupier or manager's main premise that for domestic use of the person granted refuge would or that, but shall not include — (aa) any premises where the activities referred to in paragraph (a) and (b) being undertaken by or on behalf of the Federal Government or the Government of any State or any statutory body which was established by any written law;
(bb) any private health care facilities, child care center or a care center or the establishment of its operation is controlled or regulated under any other written law;
(cc) any dormitory set up by or on behalf of any institution in the private education or private higher educational institutions and controlled or regulated under any other written law; or (dd) any premises which are rented out on a landlord and tenant;
"licensed hotel" means the hotel in respect of which a licence is in force;
"licence" means a licence granted under section 4 or temporary licence granted under section 8;
"Minister" means the Minister responsible for local government in the Federal territory of Kuala Lumpur;
"person" includes a body of persons, incorporated or not incorporated, a joint venture or trust;
"licensee" means a person granted a licence;
Hotel (Kuala Lumpur) 7 "occupant" means a person who is occupying the premises in respect of which the word is used, or responsible for, manage or control the premises either for itself or as agent of another person but shall not include a lodger;
"conditions" or "restrictions", when used in relation to a licence, means a condition or restriction imposed under subsection 4 (4).
PART II LICENSING Restrictions 3. (1) No person shall operate a hotel unless he has been granted licenses by Dato Bandar in connection with hotel in accordance with the provisions of this Act.
(2) No person shall manage a hotel unless the hotel is a licensed hotel.
(3) any person who contravenes subsection (1) or (2) commits an offence and shall on conviction liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or both, and in the case of a continuing offence can in addition a fine not exceeding one thousand dollars for each day the offence continues to do.
(4) for the purposes of this section — (a) a person who is the owner, tenant, lessee, occupier or main Manager of any premises used as a hotel may be, unless the contrary is proved, be deemed to operate the hotel; and (b) any person for the time being involved in the management or control of that hotel shall, unless the contrary is proved, be deemed to be managing the hotel.
Laws of Malaysia ACT 6268 application for licences and the granting of a licence 4. (1) an application for a licence — (a) shall be made in writing to Dato Bandar in the form specified by him; and (b) accompanied by evidence that the applicant has been registered under the tourism industry Act 1992 [Act 482].
(2) Dato Bandar may, at its discretion, provide license or refuse to grant a licence to the applicant.
(3) where an application for a license is permitted, the license shall be issued on payment of the prescribed fee.
(4) a licence may be made subject to such conditions or restrictions as it thinks fit by Dato Bandar to impose.
Documents and information required 5. For the purpose of considering an application for a license, Dato Bandar may require the applicant to submit to him any document or give such information as may be specified by him.
Duration and renewal of licence 6. (1) a licence is valid for such period as may be determined by the city.
(2) Dato Bandar may, at its discretion, renew a licence or refuse to renew a licence.
License for these can be removed along with the other licences 7. (1) a licence granted under this Act can be removed along with any other license Dato Bandar has the power to grant or remove it under any other written law in respect of the hotel or any activity conducted in or by or in conjunction with the hotel.
Hotel (Kuala Lumpur) 9 (2) if the licence granted under this Act has been issued along with any other licence, cancellation of license or any other license that shall not affect the validity of the licence granted under this Act.
Temporary licence 8. (1) pending Dato Bandar considering an application for license, Dato Bandar may, if satisfied that the applicant meets such conditions and requirements as may be imposed by Dato Bandar, issue a temporary license to the applicant.
(2) a temporary Licence issued under subsection (1) is valid for a period of six months from the date of issue.
(3) subject to subsection (4), the period of validity of a licence while can be extended for a period of six months on application made in writing by the applicant on or before the expiry of the first but could not be extended again.
(4) where an application for a licence under section 4 has been rejected by Dato Bandar under subsection 4 (2), the temporary license is not valid yet.
(5) the fees that may be charged for a licence temporary or perlanjutannya shall be twice the fee due under subsection 4 (3).
(6) the holder of a temporary license shall have the right, duties, liabilities and obligations as a licensee issued under section 4.
License shall be displayed and submitted 9. (1) a licensee shall display his/her license at all times in a conspicuous in hotel licensed and shall submit the license if he dikehendak to do so by Dato Bandar or any officer duly authorised.
Laws of Malaysia ACT 62610 (2) a licensee who does not exhibit or produce his/her license under subsection (1) commits an offence and shall on conviction liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.

(3) for the purposes of this section, references to a "license" shall include a copy of the license which are accepted by Dato Bandar as a copy of the actual the license.
Deposit 10. (1) Dato Bandar may, before issuing a licence or at any time thereafter, require the licensee makes a deposit in such sums as may be determined by it to ensure that the licence conditions or restrictions and provisions of this Act are complied with accordingly.
(2) Dato Bandar can melucuthakkan the whole or part of the deposit if he is satisfied that there had been a breach of any conditions or restrictions the license or a violation of any provision of this Act.
(3) Dato Bandar cannot melucuthakkan the deposit unless the licensee has been given an opportunity to be heard.
(4) no nothing in this section shall be construed as preventing the licensee that its deposits were dilucuthakkan under subsection (2) of the prosecution.
Transfer of licence 11. No licensee may transfer his/her license to any other person without the prior approval in writing from Dato Bandar.
Suspension or cancellation of licence 12. (1) Dato Bandar may at any time suspend or cancel any licence granted under this Act if there had been a breach of any conditions or restrictions the license or a violation of any provision of this Act.
Hotel (Kuala Lumpur) 11 (2) Dato Bandar cannot suspend or cancel a licence unless the licensee has been given an opportunity to be heard.
(3) Dato Bandar shall notify the licensee of a licensed hotel on the suspension or cancellation of licences — (a) by affixing a copy of the notice at a conspicuous place in the premises of the licensed hotel;
(b) by delivering a copy of the notice to the person who manages and controls the licensed hotel; or (c) by delivering a copy of the notice to the licensee if the licensee on its own is not a person referred to in paragraph (b).
(4) any person who operates or manages a hotel during the period of the licence granted in respect of the hotel have been suspended, commits an offence.
The appeal 13. (1) any person aggrieved — (a) by refusing to grant licenses Dato Bandar thereto or renewal of licences; (b) the cancellation or suspension of licences; (c) by the imposition of any conditions or restrictions with respect to the licence granted to him; or (d) with the forfeiture of deposits under section 9, may, within thirty days after being notified in writing of the refusal or cancellation, or the imposition of conditions or restrictions, or forfeiture, as the case may be, appeal against such decision to the Minister.
(2) after considering an appeal made under subsection (1), the Minister may confirm or set aside the decision against which the appeal is made, and the decision of the Minister is final.
(3) this section shall not apply to a licensee while.
Laws of Malaysia ACT 62612 PART III ENFORCEMENT authority to investigate 14. Dato Bandar or any authorized officer may investigate offences under this Act.
Search with warrant 15. (1) where in the opinion of someone Magistrate, based on the written information and after such inquiry as he thinks necessary, that an offence under this Act has been committed or is being committed in any premises or in respect of any premises, the Magistrate may issue a warrant empowering any authorized officer named therein to enter into the premises with any assistance that may be required , and if necessary, by force.
(2) an authorized officer may, in premises entered into under subsection (1), — (a) inspect any books, accounts or other documents, including computerized data, which contains or is reasonably suspected to contain information about any suspected offence has been committed; and (b) any sign, signs, cards, letters, pamphlets, documents, details, object or thing reasonably believed to give evidence of the Commission of the offence, and may seize any book, account, document or the data or any copies of the book, account, document or the data or any sign, signs, cards, letters, brochures, details, objects or items that.
(3) an authorized officer who is carrying out a search under subsection (1) may, if in its opinion it is reasonably necessary to do so for the purpose of investigating the offence, examine any person residing in or in the premises.
Hotel (Kuala Lumpur) 13 (4) an authorized officer examining a person under subsection (3) may seize or take possession of any books, accounts, documents, objects or items found on that person for the purpose of surveys conducted by the officer.
(5) where, by reason of the nature, size or its cost, it is not practical to transfer any book, account, document, article or thing seized under this section, authorized officers making the seizure shall be, in any way, prevent books, accounts, documents, objects or items that on-premises or container in which the goods were found.
(6) any person who, without lawful authority, break, interrupt or impair lak referred to in subsection (5) or transfer any book, account, document, object or thing dilak or attempting to do so, commits an offence.
Search without warrant 16. If Dato Bandar or any authorized officer, in any of the circumstances referred to in section 15, has reasonable cause to believe that by reason of the delay in obtaining a search warrant under section the purpose of the search will be affected or evidence of the Commission of an offence is likely to be interrupted, damaged, transferred or destroyed, the officer can get into the premises and exercise all of the powers referred to in section 15 with full and adequate as if he is authorized to do so by a warrant issued under that section.
Examination of women 17. There are no female may be inspected under section 15 or 16 except by a person of the other women and the examination shall be carried out by giving careful attention to modesty.
Laws of Malaysia ACT 62614 Power to close the hotel for 18. (1) without prejudice to the exercise of the powers conferred upon him under section 14, 15 and 16, Dato Bandar can close any licensed hotel for such period as it may specify after giving the licensee or any party aggrieved with the opportunity to be heard if he is satisfied that — (a) there had been a breach of any conditions or restrictions of the licence or a violation of any provision of this Act; and (b) the closure necessary for the interests of public order, public health or kemoralan.
(2) Dato Bandar or any authorized officer may close any hotel if he is satisfied that the hotel was operating without a valid license.
(3) Dato Bandar may delegate conduct of its powers under subsection (1) and (2) to a Committee appointed by him.
(4) a Committee appointed under subsection (3) may not exercise authority to close any hotel under subsection (1) and (2) except with the decision of the majority of the Committee.
(5) If a licensed hotel is closed under subsection (1), the licence to it the hotel operates shall be deemed to be suspended during the period of the closure and subsection 12 (4) shall apply.
(6) during the period of closure, the licensee of the licensed hotel shall take steps to ensure that all the conditions and restrictions of the licence and the provisions of this Act are complied with.
(7) if the end of the period of closure of the licensee still failed to comply with any conditions or restrictions the licence or any provision of this Act, then his/her license shall be revoked.
Hotel (Kuala Lumpur) 15 Power to get 19. (1) Dato Bandar or any authorized officer may, with or without assistants or employees, get into any hotel, premises or building for the purpose of — (a) make any inspection, investigation or the investigation of any suspected offences have been committed under this Act;
(b) to take such steps as are necessary to close physically any hotel under section 18; and (c) do any other act necessary for efficient administration of this Act.
(2) any person who willfully obstruct inclusion of any authorized person or authorized under subsection (1) to enter into any hotel, premises or building commits an offence.
Power to require name, etc., given 20. Dato Bandar or any authorized officer may require any person who with trusted by him have been doing reasonably required or have anything to do with any offence under this Act to provide full name, identity card number, address and details of the completion as may be deemed necessary by the city or the authorized officer.
Examination of person case 21. (1) Dato Bandar or any authorized officer, when exercising the power of investigation under this Act, may orally examine any person that are expected to know about the facts and circumstances of the case.

(2) the person examined by Dato Bandar or any officer authorized shall be legally bound to answer all questions relating to the case submitted to him by the city or the authorized officers, but that person may refuse to answer any question that the answer is likely to expose him to a criminal charge or penalty or forfeiture.
Laws of Malaysia ACT 62616 (3) a person who makes a statement under this section shall be legally bound to state the truth, whether or not the statement was made in whole or in part as an answer to questions.
(4) Dato Bandar or authorized officers that examine a person under this section shall first inform that person of the provisions of subsection (2) and (3).
(5) a statement made by a person under this section shall, as far as possible, reduced to writing and signed by the person who made it or marked with cap head jarinya after the statement was read out to him in a language he made it and after she was given the opportunity to make any corrections he wanted.
Power to arrest 22. (1) Dato Bandar or any authorized officer may arrest without warrant any person — (a) reasonably believed by it have been commits an offence under this Act; and (b) who refused to give his name and address when requested or if there is reason to doubt the accuracy of the name and address given.
(2) any person arrested under this section shall be taken to the nearest police station and shall be brought before a Magistrate within twenty-four hours, unless prior to the time and name of his residence which has actually been able to determined, and in the case of such person shall be released immediately upon him to execute a bond to appear before a magistrate's Court if so required.
(3) when any such person brought before a Magistrate, the Magistrate may either require him to execute a bond, with or without sureties to appear before a Magistrate if required, or may order him to be detained in custody until he can be tried.
Hotel (Kuala Lumpur) 17 list of things seized 23. (1) except as provided in subsection (2), where any books, accounts, documents, objects or items seized under section 15 or 16, authorized officers making the seizure shall prepare a list of things seized and forthwith deliver a copy of that list signed by him to the licensee or occupier of the premises have been searched, or to agents or servants licensee or the occupants of the premises.
(2) if the premises were unoccupied, authorized officers making the seizure shall affix a list of thing seized is significantly the premises.
Forfeiture 24. (1) all books, accounts, documents, things or thing seized under this Act shall be dilucuthakkan.
(2) the Court before which the prosecution of any offence under this Act has been held, shall order the forfeiture of any book, account, document, article or thing seized in connection with the offence if it is proved to the Court is satisfied that an offence against any provision of this Act has been committed and that the books, accounts, documents, objects or items it is matter for or was used in the offence , though none has been convicted of the offence.
(3) where it is proved to the Court is satisfied that no offence against any provision of this Act has been committed or that the offence has been committed but the books, accounts, documents, objects or items that is not a matter for or has not been used in committing the offence, the Court may order its divestment.
(4) If no prosecution in respect of any books, accounts, documents, objects or items seized in exercising any of the powers conferred under this Act, books, accounts, documents, goods or things shall be taken and deemed to have dilucuthakkan upon the completion of a period of two weeks from the date of its seizure unless a claim has been made for him before the next two weeks that runs out in the manner provided in subsection (5).
Laws of Malaysia ACT 62618 (5) any person who asserts that he is the owner of any book, account, document, article or thing seized under this Act and that the books, accounts, documents, objects or items shall not be dilucuthakkan can either personally or by his agent authorized in writing by him, by written notice to Dato Bandar or any officer duly authorized on the claim.
(6) on receipt of a notice under subsection (5), Dato Bandar or any authorized officers shall, after any investigation necessary, directing that the books, accounts, documents, objects or items that discharged or refer the case to the magistrate's Court for its decision.
(7) a magistrate to whom the case is referred to shall issue a summons requiring the person who insists that he is the owner of the books, accounts, documents, objects or items seized it and the person from whom the books, accounts, documents, objects or items it seized to appear before it and when he attend or defaults to appear, after proper delivery of summons is proved, the Magistrate shall continue to examine the case and upon proof that an offence has been committed under this Act and that the , accounts, documents, objects or items seized of that matter is or was used in the Commission of that offence, shall order that the books, accounts, documents, objects or items that dilucuthakkan or, in the absence of such evidence, shall order that the books, accounts, documents, objects or items that discharged to the person entitled to it.
(8) all books, accounts, documents, things or goods dilucuthakkan under subsection (2) or (4) shall be given to Dato Bandar or someone authorized officers, who shall dispose of it in such manner as he thinks fit by Dato Bandar.
Article or articles by tabiinya lekas damaged 25. (1) Notwithstanding section 24, if any article or thing seized in the exercise of the powers conferred under this Act is of the type that easily destroyed or according to tabiinya lekas is damaged or if the goods or things care involves expenses and unreasonable hardship, Hotel (Kuala Lumpur) 19 or believed to cause obstruction or harm people , Dato Bandar or authorized officer may direct that article or of goods is sold at any time and section 24 shall apply to the sale proceeds.
(2) Dato Bandar or authorized officer is not liable to any person for any impairment, whatever the reason, the quality of any article or thing seized under this Act.
Obstacles, etc.
26. A person who — (a) the attack, menggalang, prevent or melengah-counterfeit Dato Bandar or any authorized officer performing his duties according to the law under this Act;
(b) fails to comply with any request, notice, order or requirement of a valid made properly to him by an authorized officer in the execution of his duties under this Act;
(c) refuses to give any officer authorized access to any premises, or not agreed to inspection by a person authorized to can inspect them under this Act;
(d) No, refuse or ignore to give an officer authorised any information reasonably required of them and that he has the power to give it away;
(e) provide information that is false, untrue or misleading to someone authorized officers; or (f) does not submit to, or hide or attempt to hide from, an officer authorised any books, accounts, documents, objects or items related to it that officers have reasonable grounds to suspect is a matter for or have entered into commits an offence under this Act or which may be seized under this Act, the laws of Malaysia ACT 62620 commits an offence and shall on conviction liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or both.
PART IV MISCELLANEOUS offences by servants or agents to 27. If an offence under this Act has been committed by any servants or agents of any licensee, or by any of the servants or agents of the owner or occupier of an unlicensed hotel, then licensee, the owner or occupant shall be deemed to have been also guilty of the offence unless, having regard to all the circumstances, he proves — (a) that the offence was committed without the knowledge , permissions or pembiarannya; and (b) that he took all reasonable precautions and exercise due diligence to prevent the Commission of the offence.
Offences by body corporate

28. If an offence under this Act has been committed by a body corporate, any person who at the time of the offence committed was a member of the Board of Directors, a Manager, a Secretary or an officer who holds an Office or a position similar to the position of Manager or Secretary of the body corporate shall be deemed to have been also committed such offence and shall on conviction liable to a penalty equal to the sentence that can be imposed on the body corporate under this Act.
Penalties am 29. A person who commits an offence under this Act for which no penalty expressly provided can on conviction liable to a fine not exceeding ten thousand ringgit or Hotel (Kuala Lumpur) 21 to imprisonment for a term not exceeding two years or both of each, and in the case of a continuing offence can be in addition to a fine not exceeding five hundred dollars for each day the offence continues to do.
Prosecution 30. No prosecution can be instituted against an offence under this Act except by or with the consent of the public prosecutor.
The jurisdiction of the magistrate's 31. Notwithstanding any other written law to the contrary, the Court of first class Magistrate shall have jurisdiction to try any offence under this Act and award full penalties for any such offence.
Compounding of offences 32. (1) Dato Bandar or any officer authorized in writing by specially Dato Bandar for that purpose can be with the consent of the public prosecutor mengkompaunkan any offence committed under this Act and designated as offences that can be is compounded by making an offer in writing to the person suspected to have committed the offence to mengkompaunkan them when paid to Dato Bandar a sum of money not exceeding the maximum fine for the offence within the period specified in the offer it.
(2) an offer under subsection (1) may be made at any time after the offence committed but before any prosecution for him started, and if the amount stated in the offer is not paid within the period specified in the offer or within such extended period as permitted by Dato Bandar or officer authorized in the special, the prosecution of the offence may be commenced at any time after that to the person to whom the offer was made.
Laws of Malaysia ACT 62622 (3) where an offence has is compounded under subsection (1), no prosecution shall be instituted subsequently in respect of the offence against the person to whom the offer to compound has been made and any thing seized in connection with the offence shall be released, subject to such terms and conditions as may be prescribed.
(4) all money received under this section shall be paid into the Fund established under any law relating to local government.
Money shall be paid into the Fund 33. Dato Bandar shall pay all money collected or received and all deposits are dilucuthakkan under this Act into the Fund established under any law relating to local government and money or deposit it shall form part of the Fund.
The power of the police officer under this Act 34. There is nothing contained in this Act can reduce power a police officer to investigate any offence under this Act.
The power to make regulations 35. (1) Dato Bandar may, with the approval of the Minister, make regulations for the purpose of carrying out or implementing the provisions of this Act.
(2) without prejudice to the generality of subsection (1), such regulations may — (a) provide for the licensing procedures, suspension and cancellation of hotel licence granted under this Act, that form shall be used and the fee shall be paid in respect of such licence;
(b) regulate licensed hotel management and control;
Hotel (Kuala Lumpur) 23 (c) provide for the registration of people staying at the hotel is licensed and visitors in their rooms and servants and agents licensed hotel;
(d) prescribing offences that can be is compounded and procedures for the compounding of such offence;
(e) provide for the inspection of licensed hotel and kebersihannya; and (f) provide for such other matters as it considers expedient or necessary by Dato Bandar for the purposes of this Act.
The abolition of 36. Enactment of Pensions [N.M.B. Chapter 87], in force in the Federal territory of Kuala Lumpur by virtue of section 6 of the Act of the Constitution (Amendment) (No. 2) order 1973 [Act A206], repealed in so far as applicable to the Federal territory of Kuala Lumpur.
Continuation rules, etc.
37. all rules, forms, instructions, letters of authorization and licenses are made, issued or granted under the repealed Enactment shall, as far as rules, forms, instructions, letters of authorization and the license in accordance with this Act, continue in force until cancelled or replaced by this Act.
Laws of Malaysia ACT 62624 laws of MALAYSIA Act 626 ACT HOTEL (KUALA LUMPUR) 2003 LIST AMENDMENT law short title force amend from — NO — Hotel (Kuala Lumpur) 25 laws of MALAYSIA Act 626 ACT HOTEL (KUALA LUMPUR) 2003 LIST SECTION AMENDED Section Power amend with effect from — NO —