Missouri Revised Statutes

Chapter 315
Hotel, Motel and Resort Regulations

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Definitions.

315.005. 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

Department to enforce law--keep records for public use, contents.

315.007. 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

License required, may be transferred.

315.011. 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

License fees--where deposited--notice of fee, issued when--license tobe issued, when, displayed, where--revocation, grounds--expiration,when.

315.015. 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

Safety and sanitation standards--city or county ordinances in lieu ofdepartment standards, when.

315.019. 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

Drinking water to be approved, when, by whom.

315.024. 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

Sewage and wastewater treatment.

315.028. 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

Compliance with local codes required, when.

315.033. 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

Inspections by department, when--right of entry.

315.037. 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)

License refused or revoked, when--notice, how served--extension oftime to comply with standards granted when--hearing, request when,held when--rights of licensee.

315.041. 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. 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

Violation of licensing provision, penalty.

315.045. 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

Advertising restrictions.

315.055. 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

Exemptions to provisions of sections 315.005 to 315.065.

315.065. 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

Hotel operator may refuse accommodations, when.

315.067. 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)

Hotel operator may make certain requirements for providingaccommodations.

315.069. 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)

Hotel operator may eject person, when.

315.075. 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)

Laws to be posted, where.

315.077. 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)

Registration required--guest registry--persons under eighteen,special requirement.

315.079. 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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