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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : TRADE AND COMMERCE
Chapter : Chapter 419 Innkeepers
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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.
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
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
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
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
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 innkeeper 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
(1970) Innkeeper's lien does not extend to keeper of "rooming house".
Jackson v. Enger (A.), 453 S.W.2d 615.
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, RSMo, 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. (RSMo 1939 § 3590, A. 1949 H.B. 2112)
Prior revisions: 1929 § 3200; 1919 § 7260; 1909 § 8248
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