Chapter 419 Innkeepers

419.020 - Lodging establishment not liable, when.

Steven Groce, Attorney Advertisement

No lodging establishment in this state, which shall constantly have a safe, in good order, and suitable for the safe custody of money, jewelry and articles of gold and silver manufacture, and of the like, and which shall keep a copy of sections 419.020 and 419.030 printed in large plain English type, constantly and conspicuously suspended at the guest registration desk and in every guest room of the lodging establishment, shall be liable for the loss of any such articles aforesaid, suffered by any guest, unless such guest shall have first offered to deliver such property lost by him or her to such lodging establishment, for custody in such safe, and such lodging establishment shall have refused or omitted to take it and deposit it in such safe for its custody and to give such guest a receipt therefor.

(RSMo 1939 § 9926, A.L. 2002 S.B. 1243)

Prior revisions: 1929 § 13096; 1919 § 5865; 1909 § 6716

419.030 - Lodging establishment not liable for baggage, when.

No lodging establishment in this state shall be liable for the loss of any baggage or other property of a guest, caused by fire not intentionally produced by the lodging establishment or its servants, nor shall he be liable for the loss of any merchandise for sale or sample belonging to a guest, unless the guest shall have given written notice of having such merchandise for sale or sample in his possession after entering the lodging establishment, nor shall the lodging establishment be compelled to receive such guest with merchandise for sale or sample; but lodging establishment shall be liable for the losses of their guests, caused by the theft of such lodging establishment or its servants, anything herein to the contrary notwithstanding.

(RSMo 1939 § 9927, A.L. 2002 S.B. 1243)

Prior revisions: 1929 § 13087; 1919 § 5866; 1909 § 6717

419.010 - Lodging establishment liable, when — defined.

1.As used in this chapter, the term "lodging establishment" shall be any building, group of buildings, structure, facility, place, or places of business where five or more guest rooms are provided, which is owned, maintained, or operated by any person and which is kept, used, maintained, advertised or held out to the public for hire which can be construed to be a hotel, motel, motor hotel, apartment hotel, tourist court, resort, cabins, tourist home, bunkhouse, dormitory, or other similar place by whatever name called, and includes all such accommodations operated for hire as lodging establishments for either transient guests, permanent guests, or for both transient and permanent guests.

2.No lodging establishment in this state is liable for the loss of any money, jewelry, wearing apparel, baggage or other property of a guest in a total sum greater than two hundred dollars, unless the lodging establishment by an agreement in writing individually, or by the authorized agent or clerk in charge of the office of the lodging establishment, voluntarily assumes a greater liability with reference to such property.As regards money, jewelry or baggage, a lodging establishment is not liable in any event for the loss thereof or damage thereto, unless the same was actually delivered by the guest to him or his authorized agent, or clerk, in the office of the lodging establishment, and the receipt thereof acknowledged by the delivery to the guest of a claim check of the lodging establishment, unless the loss or damage occurs through the willful negligence or wrongdoing of the lodging establishment, his servants or employees.This section shall be posted in a conspicuous manner at the guest registration desk and in every guest room thereof, and unless so posted the same does not apply in the case of a lodging establishment failing to post same.

(RSMo 1939 § 9928, A.L. 1955 p. 852, A.L. 2002 S.B. 1243)

Prior revision: 1929 § 13088

(1965) This section being in derogation of the common law is to be strictly construed, and a guest's automobile is not included in the words "or other property of a guest" in section limiting innkeeper's liability so that statute had no application.Phoenix Assur. Co. of New York v. Royale Investment Co. (A.), 393 S.W.2d 43.

419.050 - Penalty.

Any hotel keeper who shall violate any of the provisions of section 419.040 or who shall charge any guest a greater rate than is specified in said notice shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than ten dollars nor more than fifty dollars for each offense.

(RSMo 1939 § 9949)

Prior revisions: 1929 § 13109; 1919 § 5887

419.040 - Rates — duty to post.

It shall be the duty of every lodging establishment in this state to post a written or printed copy of the rates charged for each guest room, in each guest room and; provided, that where a different rate is charged for different rooms in such lodging establishment the rate posted in each room shall be the rate which shall apply to such room; and provided further, that this law shall not apply to lodging establishments which do not have more than ten guests on an average each day.

(RSMo 1939 § 9948, A.L. 2002 S.B. 1243)

Prior revisions: 1929 § 13108; 1919 § 5886

419.060 - Lien on baggage and wages.

1.The keeper of any inn, hotel or boardinghouse, whether individual, partnership or corporation, shall have a lien on the baggage and other property in and about such inn brought to the same by or under the control of his guests or boarders, and upon the wages of such guests or boarders for the proper charges due him from such guests, or boarders, for the accommodation, board and lodging, and for all money paid for or advanced to them not to exceed the sum of two hundred dollars, and for such other extras as are furnished at the request of such guests, and said innkeeper or hotel keeper shall have the right to detain such baggage and other property until the amount of such charges are paid and such baggage and other property shall be exempt from attachment or execution until such innkeeper's lien and the cost of satisfying it are paid.

2.The innkeeper, boardinghouse or hotel keeper shall retain such baggage and other property upon which he has a lien for a period of ninety days, at the expiration of which time, if such lien is not satisfied, he may sell such baggage and other property at public auction, first giving notice of the time and place of sale by posting at least three notices thereof in public places in the county where the inn or hotel is situated and also by mailing a copy of such notice addressed to said guest or boarder at the place of residence designated by the register of such inn or hotel.And after satisfying the lien and any cost that may accrue, any residue remaining shall, on demand, within six months, be paid to such guest or boarder, and if not so demanded within six months from date of sale, such residue shall be deposited by such inn keeper with the treasurer of the county in which the inn or hotel is situated, together with a statement of the innkeeper's claim and the cost of enforcing the same, a copy of the notice given, and of the amount received for the goods sold at said sale; said residue shall be retained by the county treasurer for a period of one year, and if not claimed within that time by the owner thereof, the county treasurer shall pay the same into the state treasury, and it shall be placed to the credit of the escheat fund.

(RSMo 1939 §§ 3589, 3590, 9930, A. 1949 H.B. 2112)

Prior revisions: 1929 §§ 3199, 3200, 13090; 1919 §§ 7259, 7260, 5868; 1909 §§ 8247, 8248

419.070 - Enforcement of lien against wages of guest.

When the lien authorized by section 419.060 is claimed upon the wages of any such guest or boarder, the person claiming the lien shall institute an action in an associate division of the circuit court of the county which action shall be in all respects governed by the provisions of section 430.160, and the associate circuit judge shall notify the party designated by the plaintiff as owing such guest or boarder, that suit has been instituted to enforce such lien, and such notice shall be served in the same manner and have the same force and effect as garnishments in attachments, and the party so served shall be required to answer, and shall receive the same fees as provided in section 525.240.

(RSMo 1939 § 3590, A. 1949 H.B. 2112)

Prior revisions: 1929 § 3200; 1919 § 7260; 1909 § 8248

419.090 - Campground curfew, alcohol and tobacco use, and pet policies to be posted in high traffic area — owner may eject persons, when — person guilty of trespass, when — refund, when — inapplicability to state parks.

1.For purposes of this section, the following terms shall mean:

(1)"Campground", any parcel or tract of land, including buildings and other structures, where five or more campsites are made available for use as temporary living quarters for recreational, camping, travel, or seasonal use.The term "campground" shall also include recreational vehicle parks;

(2)"Campground owner", the owner or operator of a campground or an agent of such owner or operator.

2.A campground owner shall post in a high traffic area on the campground or distribute to registered guests or visitors of the campground a written policy on campground curfew, alcohol use, tobacco use, and pet policy.

3.A campground owner may eject a person from the campground and notify the appropriate local law enforcement authorities of any person who:

(1)Is not a registered guest or visitor of the campground;

(2)Remains on the campground beyond an agreed-upon departure time and date;

(3)Defaults in the payment of any lawfully imposed registration or visitor fee or charge;

(4)Creates a disturbance that denies other persons their right to quiet enjoyment of the campground necessary for the preservation of public peace, health, and safety; or

(5)Violates any federal, state, or local law.

4.A person who remains on a campground after having been asked to leave by a campground owner for violating any of the provisions of subsection 3 of this section shall be guilty of trespass in the first degree under section 569.140 and subject to the penalties therein and may be removed summarily by the campground owner or a law enforcement officer.

5.A person who is removed from a campground under subsection 4 of this section shall be entitled to a refund of the unused portion of any prepaid fees, less any amount otherwise owed to the campground owner or deducted for damages, which unused portion of prepaid fees may be prorated at a rate that is based upon the daily rate charged by the campground owner.

6.The provisions of this section shall not apply to any Missouri state park.