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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : PUBLIC SAFETY AND MORALS
Chapter : Chapter 315 Hotel, Motel and Resort Regulations
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As used in sections 315.005 to 315.065, unless the context
clearly indicates otherwise, the following terms mean:
(1) "Code", the standards relating to fire safety, sanitation, electrical
wiring, fuel-burning appliances, plumbing, swimming pools and spas,
sewage and waste treatment and disposal as adopted by the department. The
department in its discretion, may incorporate, in whole or in part, the
standards or codes promulgated by the National Fire Protection
Association, Building Officials and Code Administration International,
Inc., Great Lakes Upper Mississippi River Board of State Sanitary
Engineers, and American Society of Sanitary Engineers;
(2) "Department", the director of the department of health and senior
services or an agent of the director of the department of health and
senior services;
(3) "Guest room", any room or unit where sleeping accommodations are
regularly furnished to the public;
(4) "Lodging establishment", 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;
(5) "Owner", the person responsible for obtaining a license from the
department for operating the lodging establishment;
(6) "Permanent guest", any person who rents and occupies a guest room in
a lodging establishment for a period of thirty-one days or more;
(7) "Person", any individual, partnership, corporation, association,
organization, firm, or federal, state, county, city, village, or
municipal association or corporation;
(8) "Transient guest", any person who rents and occupies a guest room in
a lodging establishment for a period of less than thirty-one days. (L.
1985 S.B. 279 § 1)
Effective 8-9-85
1. The department shall administer the provisions of sections
315.005 to 315.065.
2. The department shall keep a complete set of records for public use and
inspection showing the condition of each lodging establishment inspected,
together with the name of the owner thereof, and whether the lodging
establishment is currently licensed. (L. 1985 S.B. 279 § 2)
Effective 8-9-85
1. No person shall operate a lodging establishment who does not
possess a license from the department to operate such establishment. Only
a person who complies with the provisions of sections 315.005 to 315.065
shall be entitled to receive and retain such a license.
2. A valid license shall be transferred to a new owner upon notification
to the department.
3. Lodging establishments constructed prior to 1965 which provide thirty
units or less and possessing a valid license may continue operation,
provided major public health needs such as water supply, sewage disposal,
venting, and fire safety are in compliance. (L. 1985 S.B. 279 § 3)
Effective 8-9-85
1. The license fee shall be fifty dollars for each lodging
establishment, plus two dollars per guest room for each guest room above
ten and through twenty, plus one dollar per guest room for each guest
room above twenty.
2. After the lodging establishment has been inspected by the department
and approved for licensing, notice of the license fee shall be issued to
the owner. Upon subsequent payment of such fee, the director of the
department of health and senior services shall issue a license which
shall be kept properly framed and in a conspicuous place at the lodging
establishment. The department director may revoke the license as
prescribed in subsection 1 of section 315.041, when the law or applicable
code is not held in compliance.
3. Each license shall expire on the thirtieth day of September next
following its issuance. All fees collected under the provisions of
sections 315.005 to 315.065 shall be paid to the director of revenue and
deposited by him in the state treasury to the credit of the general
revenue fund. (L. 1985 S.B. 279 § 4, A.L. 2004 S.B. 842)
Effective 6-25-04
1. Fire safety of lodging establishments shall be in accordance
with the applicable code.
2. Electrical wiring shall be properly installed and maintained in
accordance with the applicable code.
3. Fuel-burning appliances shall be properly vented in accordance with
the applicable code.
4. Plumbing shall be properly installed and maintained in accordance with
the applicable code. At no time shall plumbing be arranged in a manner
that may allow pollution or contamination of potable water supplies.
5. Swimming pools, spas, and similar facilities shall be installed and
maintained in accordance with the applicable code.
6. Lodging establishments which are located within the jurisdiction of
city or county ordinances or regulations, and which are erected and
maintained in compliance with such local city or county ordinances or
regulations, will be accepted as complying in lieu of subsections 1 to 5
of this section.
7. Lodging establishments shall be kept in a clean and sanitary
condition, in good repair, and shall be maintained and operated with
strict regard to health and safety of the transient or permanent guest.
(L. 1985 S.B. 279 § 5)
Effective 8-9-85
An adequate, accessible supply of potable drinking water
approved by the department of natural resources or the department of
health and senior services shall be provided at all lodging
establishments. Water from a source other than a public water supply
shall not be used until it has been approved by the department of health
and senior services. (L. 1985 S.B. 279 § 6)
Effective 8-9-85
1. Sewage and wastewater treatment and disposal shall be
accomplished in a manner so as to not create a health hazard, pollute or
contaminate groundwater, or create a nuisance.
2. Sewage and wastewater treatment systems with a discharge shall be
installed and maintained in compliance with the laws and/or regulations
of the department of natural resources. (L. 1985 S.B. 279 § 7)
Effective 8-9-85
Sections 315.005 to 315.065 shall not relieve any lodging
establishment from compliance with local ordinances, regulations, or
codes having requirements not contained or greater than those found in
sections 315.005 to 315.065. (L. 1985 S.B. 279 § 8)
Effective 8-9-85
The department director shall inspect or cause to be inspected
as often as shall be deemed necessary but at least annually every lodging
establishment in the state to implement the provisions of sections
315.005 to 315.065. Seasonal resorts located in counties of the third
classification shall be inspected by August first of each year. For this
purpose, the department shall have the right to entry and access thereto
at all reasonable times and no order of court shall be necessary
therefor. (L. 1985 S.B. 279 § 9 subdiv. (1), A.L. 1998 S.B. 526)
1. The department director may refuse the issuance of a license,
or may revoke a license as provided for herein, at any time the director
determines that such lodging establishment is not in compliance with
sections 315.005 to 315.065. If at any time the department director
determines that a lodging establishment is not in compliance with
sections 315.005 to 315.065, the department director shall notify the
owner of the lodging establishment of such alterations or changes as may
be deemed necessary to be in compliance therewith. Upon receipt of any
such notice of noncompliance, an owner may request a hearing before the
department director upon filing a written request within ten days after
receipt of such notice. The owner shall be allowed a reasonable period of
time following receipt of the notice, or the hearing before the
department director, in order to comply with the department standards. At
the expiration of the period of time allowed by the department director,
the department director shall review the progress of the owner's attempts
to be in compliance with the department standards and may grant
additional reasonable periods of time for compliance. Upon expiration of
the time to comply with such department standards, and any extensions
thereof, the department director is authorized to revoke or not renew the
license to operate the lodging establishment as provided for in sections
315.005 to 315.065. Before revoking or not renewing the license, the
department director shall give written notice to the licensee setting
forth the reasons for the proposed action and fixing the date of a
hearing, not less than thirty days from the date of mailing or delivering
of such notice, before the department director. The licensee is entitled
to appear with an attorney and will call witnesses as may be desired. Any
decision of the department director shall be subject to the provisions of
chapter 536, RSMo. An establishment may remain in operation during a
judicial review unless the department director determines that an
imminent health or safety hazard exists.
2. All notices served by the department shall be in writing and shall be
either delivered in person by the department or by registered or
certified mail to the owner. (L. 1985 S.B. 279 § 9 subdivs. (2), (3))
Effective 8-9-85
Any person establishing, conducting, managing, or operating any
lodging establishment without a license is guilty of a class B
misdemeanor. (L. 1985 S.B. 279 § 10)
Effective 8-9-85
No person who operates a lodging establishment as defined in
sections 315.005 to 315.065 shall advertise by any means that his
establishment is a lodging establishment unless such establishment
complies with all the provisions of sections 315.005 to 315.065. (L. 1985
S.B. 279 § 11)
Effective 8-9-85
The provisions of sections 315.005 to 315.065 shall not apply to
dormitories and other living or sleeping facilities owned or maintained
by public or private schools, colleges, universities, or churches unless
made available to the general public and not used exclusively for
students and faculty, school-sponsored events, baseball camps,
conferences, dance camps, equitation camps, football camps, learned
professional society meetings, music camps, retreats, seminars, soccer
camps, swimming camps, track camps, youth leadership conferences, or
church-sponsored events. (L. 1985 S.B. 279 § 12)
Effective 8-9-85
1. For purposes of sections 315.067 to 315.079, "hotel" shall
have the same meaning as "lodging establishment" as defined in section
315.005.
2. A person operating a hotel, including all lodging establishments
defined in section 315.005, may refuse or deny the use of a room,
accommodations, facilities or other privileges of the hotel to any of the
following:
(1) An individual who is unwilling or unable to pay for the room,
accommodations, facilities, or other privileges of the hotel;
(2) An individual who is visibly intoxicated, under the influence of
alcohol or other drug, and is disorderly so as to create a public
nuisance;
(3) An individual who the hotel operator reasonably believes is seeking
to use a room, accommodations, facilities or other privileges of the
hotel for an unlawful purpose;
(4) An individual who the hotel operator reasonably believes is bringing
in anything which may create an unreasonable danger or risk to other
persons, including but not limited to explosives or the unlawful use of
firearms;
(5) An individual whose use of the room, accommodations, facilities or
other privileges of the hotel would result in a violation of the maximum
capacity of such hotel.
3. A hotel operator who reasonably refuses or denies the use of a room,
accommodations, facilities or other privileges of the hotel pursuant to
this section shall not be subject to any civil or criminal action or any
fine or other penalty. (L. 1998 S.B. 526)
The hotel operator may require a person seeking the use of a
room, accommodations, facilities or other privileges of the hotel to
demonstrate his or her ability to pay for such use by cash, credit card
or approved check. The hotel operator may require the parent or guardian
of a person under the age of eighteen to:
(1) Accept in writing the liability for the cost of the room,
accommodations, facilities or other privileges of the hotel used by the
person, and the cost of any damages to the room, furnishings in the room
or other facilities of the hotel caused by the person while using the
room, accommodations, facilities or other privileges of the hotel;
(2) Provide the hotel operator with one of the following:
(a) The authority to charge the amount due for the cost of the room,
accommodations, facilities or other privileges of the hotel used by the
person, and the cost of any damages to the room, furnishings in the room
or other facilities of the hotel caused by the person while using the
room, accommodations, facilities or other privileges of the hotel to a
credit card used by a person under the age of eighteen. The granting of
such authority shall be deemed a waiver of any defense based upon the age
of such person which may be raised by the minor or the person authorizing
the use of the credit card; or
(b) An advance cash payment sufficient to cover the cost of the room,
accommodations, facilities or other privileges of the hotel used by the
person, and a reasonable amount as a deposit toward the cost of any
damages to the room, furnishings in the room or other facilities of the
hotel caused by the person while using the room, accommodations,
facilities or other privileges of the hotel. A cash deposit for any
damages required by the hotel operator shall be promptly refunded to the
extent not used to cover the cost of any such damages as determined by
the hotel operator following an inspection of the room, accommodations or
facilities of the hotel used by the person at the end of his or her stay.
(L. 1998 S.B. 526)
An owner or operator of a hotel may eject a person from the
hotel and notify the appropriate local law enforcement authorities for
any of the following reasons:
(1) Nonpayment of charges incurred by the individual renting or leasing a
room, accommodations or facilities of the hotel when the charges are due
and owing;
(2) The individual renting or leasing a room, accommodations or
facilities of the hotel is visibly intoxicated, under the influence of
alcohol or other drug and is disorderly so as to create a public nuisance;
(3) The owner or operator reasonably believes that the individual is
using the premises for an unlawful purpose;
(4) The owner or operator reasonably believes that the individual has
brought something into the hotel which may create an unreasonable danger
or risk to other persons, including but not limited to unlawful use of
firearms or explosives; and
(5) The individual is in violation of any federal, state or local laws or
regulations relating to the hotel. (L. 1998 S.B. 526)
An owner or operator of a hotel shall post a copy of sections
315.067 to 315.079, in addition to any rules established by the owner or
operator of the hotel, in a conspicuous place at or near the guest
registration desk and in each room of the hotel. (L. 1998 S.B. 526)
1. Each individual renting or leasing a room, accommodations or
facilities of the hotel shall register and may be required by the owner
or operator of the hotel to show proof of identity by producing a valid
driver's license, other identification issued by the state or other
identification satisfactory to the owner or operator. If the individual
is under the age of eighteen, the owner or operator may also require a
parent or guardian of the person to register.
2. The guest registry may be kept and maintained by recording, copying or
reproducing the registry by any photographic, photostatic, microfilm,
microcard, miniature photographic, electronic imaging, electronic data
processing or other process which accurately reproduces or forms a
durable medium for accurately and legibly reproducing an unaltered image
or reproduction of the original. (L. 1998 S.B. 526)
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