SECOND REGULAR SESSION
[TRULY AGREED TO AND FINALLY PASSED]
SENATE BILL NO. 1243
91ST GENERAL ASSEMBLY
2002
4940S.01T
AN ACT
To repeal sections 419.010, 419.020, 419.030 and 419.040, RSMo, relating to lodging establishments, and to enact in lieu thereof four new sections relating to the same subject.
Section A. Sections 419.010, 419.020, 419.030 and 419.040, RSMo, are repealed and four new sections enacted in lieu thereof, to be known as sections 419.010, 419.020, 419.030 and 419.040, to read as follows:
419.010. 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 [hotel or innkeeper] 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 [hotel keeper or innkeeper] lodging establishment by an agreement in writing individually, or by the authorized agent or clerk in charge of the office of the [hotel or inn] lodging establishment, voluntarily assumes a greater liability with reference to such property. As regards money, jewelry or baggage, [an hotel keeper or innkeeper] 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 [hotel or inn] lodging establishment, and the receipt thereof acknowledged by the delivery to the guest of a claim check of the [hotel keeper or innkeeper] lodging establishment, unless the loss or damage occurs through the willful negligence or wrongdoing of the [hotel keeper or innkeeper] lodging establishment, his servants or employees. This section shall be posted in [the office of every hotel and inn] 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 [hotel keepers or innkeepers] a lodging establishment failing to post same.
419.020. No [innkeeper] lodging establishment in this state, [who] which shall constantly have [in his inn an iron] 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 [who] which shall keep a copy of sections 419.020 and 419.030 printed [by itself,] in large plain English type, [and framed,] constantly and conspicuously suspended [in the office, barroom, saloon, reading, sitting and parlor room of his inn, and also a copy printed by itself, in ordinary sized plain English type, posted upon the inside of the entrance door of every public sleeping room of his inn] 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 [innkeeper] lodging establishment, for custody in such [iron] safe, and such [innkeeper] 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.
419.030. No [innkeeper] 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 [innkeeper] lodging establishment or [his] 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 [inn] lodging establishment, nor shall the [innkeeper] lodging establishment be compelled to receive such guest with merchandise for sale or sample; but [innkeepers] lodging establishment shall be liable for the losses of their guests, caused by the theft of such [innkeeper] lodging establishment or [his] its servants, anything herein to the contrary notwithstanding.
419.040. It shall be the duty of every [hotel keeper] lodging establishment in this state to post a written or printed copy of the rates charged for [board and lodging by such hotel] each guest room, in each guest room and [office or lobby of such hotel or boarding house]; provided, that where a different rate is charged for different rooms in such [hotel] 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 [hotels] lodging establishments which do not have more than ten [boarders or roomers or] guests on an average each day.