Hotels (Federal Territory of Kuala Lumpur) Act 2003 · Updated to 1 Aug 2013 · Part III · Enforcement
18. Power to close a hotel
Feedback & supportWithout prejudice to the exercise of the powers conferred on him by sections 14, 15 and 16, the Commissioner may close any licensed hotel for such period as he may determine after giving the licensee or any aggrieved party an opportunity of being heard if he is satisfied that—
Commissioner
“Commissioner” means the Commissioner of the City of Kuala Lumpur appointed under section 4 of the Federal Capital Act 1960;
there has been a breach of any condition or restriction of the licence or a contravention of any provision of this
Act; and
such closure is necessary in the interest of public order, public health or morality.
The Commissioner or any authorized officer may close any hotel if he is satisfied that the hotel is operating without a valid licence.
hotel
“hotel” means any premises where— (a) persons are harboured or lodged for hire or reward of any kind; and (b) rooms are furnished by the owner, lessee, principal tenant, occupier or manager of such premises for the domestic use of the persons so harboured or lodged, but does not include— (aa) any premises on which the activities mentioned in paragraphs (a) and (b) are being carried on by or on behalf of the Federal Government or the Government of any State or any statutory body established by any written law; (bb) any private healthcare facility, child care centre or care centre the establishment or operation of which is controlled or regulated under any other written law; (cc) any hostel established by or on behalf of any private educational institution or private higher educational institution and controlled or regulated under any other written law; or (dd) any premises let out on landlord and tenant basis;
The Commissioner may delegate the exercise of his power under subsections (1) and (2) to a committee appointed by him.
The committee appointed under subsection (3) shall not exercise the power to close any hotel under subsections (1) and
except by a majority decision of the committee.
Where a licensed hotel is closed under subsection (1), the licence by which the hotel is operating shall be deemed to be suspended during the period of closure and subsection 12(4) shall apply.
licensed hotel
“licensed hotel” means a hotel in respect of which a licence is in force;
During the period of closure, the licensee of the licensed hotel shall take steps to ensure that all conditions and restrictions of the licence and the provisions of this Act are complied with.
If by the end of the period of closure the licensee still fails to comply with any condition or restriction of the licence or any provision of this Act, his licence shall be revoked.
condition
“condition” or “restriction”, when used in connection with a licence, means a condition or restriction imposed under subsection 4(4).
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