Public Lodging

Ark. Code Ann. tit. 20, ch. 26

in effect

Ark. Code Ann. § 20-26-101 Bed height requirement for mobility accessible rooms.

(a)(1) A mobility accessible room in a new lodging establishment shall ″ be furnished with a bed that measures no more than twenty-three inches (23 ) in height when measured from the floor to the top of the mattress. (2) The bed height measurement under subdivision (a)(1) of this section is required to be met whether or not the mattress is compressed. (b) A lodging establishment existing before the effective date of this act is required to meet the bed height requirement under subdivision (a)(1) of this section only when the mobility accessible room: (1) Requires an upgrade; or (2) Has met the end of its life cycle.

Ark. Code Ann. § 20-26-201 Definition.

(a) As used in this subchapter, “tourist camp” means: (1) Any place where: (A) Buildings or tents are maintained for hire to and used by transient guests; and (B) Free encampment is permitted to transients for the purpose of securing their trade; and (2) Any tract of land where space is rented or offered for rent to transients. (b) As used in this subchapter, “tourist camp” includes an auto camp, trailer camp, motel, and tourist court.

Ark. Code Ann. § 20-26-202 State Board of Health — Duties.

The State Board of Health shall make necessary rules relating to tourist camps, hotels, or rooming houses not in conflict with any provision of this subchapter in order that: (1) The health and safety of guests may be protected; and (2) Tourist camps, hotels, or rooming houses may be operated in a lawful manner.

Ark. Code Ann. § 20-26-203 Unlawful acts.

(a) It shall be unlawful for any person seeking to become a guest of any tourist camp, hotel, or rooming house to: (1) Register or permit himself or herself to be registered under an assumed name; (2) Falsely represent himself or herself as the spouse of any other guest or person seeking to become a guest; (3) Register or permit himself or herself to be registered under a false address; or (4) Register or permit to be registered a false automobile license designation. (b) It shall be unlawful for any operator of a tourist camp, hotel, or rooming house, or any employee of the operator to: (1) Accept as a guest any person without requiring a full registration as provided in § 20-26-206; or (2) Knowingly accept as a guest a person who has registered under a false name, who has registered with another under a false representation as to their relationship, or who has falsely represented the current license designation of his or her automobile.

Ark. Code Ann. § 20-26-204 Penalties.

Any person violating any provision of this subchapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) or by imprisonment in the county jail for a period not exceeding three (3) months, or by both fine and imprisonment.

Ark. Code Ann. § 20-26-205 Enforcement.

The Department of Health and the Division of Arkansas State Police are required to assist in the enforcement of this subchapter and of any rules promulgated by the State Board of Health relating to tourist camps, hotels, and rooming houses.

Ark. Code Ann. § 20-26-206 Guest register required.

(a) Every person operating a tourist camp, hotel, or rooming house shall provide and keep a register in which shall be entered the name and address of every guest to whom accommodations are hired or given. (b) If a guest is traveling by automobile, the license number and state designation shall be registered.

Ark. Code Ann. § 20-26-207 Posting information about the National Human Trafficking Resource Center Hotline.

An entity governed by this subchapter shall post information about the National Human Trafficking Resource Center Hotline as required under § 12-19-102 .

Ark. Code Ann. § 20-26-301 Duty of guest.

It shall be the duty of every guest and of everyone intending to be a guest of any hotel in this state, upon delivering to the proprietor of the hotel, or to his or her servants, any baggage or other articles of property of the guest for safekeeping elsewhere than to the room assigned to the guest to demand, and of the hotel proprietor to give, a check or receipt therefor, to evidence the fact of the delivery.

Ark. Code Ann. § 20-26-302 Liability of proprietor.

(a) No hotel proprietor shall be liable for the loss of or injury to baggage or other articles of property of his or her guest, unless the baggage or other articles of property shall have been actually delivered by the guest to the hotel proprietor or to his or her servants for safekeeping, or unless the loss or injury occurred through the negligence of the hotel proprietor, or by his or her servants or employees in the hotel. (b) No innkeeper or hotelkeeper, whether individual, partnership, or corporation, who constantly has in his or her inn or hotel a metal safe or suitable vault in good order, and fit for the custody of money, bank notes, jewelry, articles of gold and silver, precious stones, personal ornaments, railroad mileage books or tickets, negotiable or valuable papers, and bullion, and who keeps on the doors of the sleeping rooms used by guests suitable locks or bolts, and on the transoms and windows of the rooms suitable fastenings, and who keeps a copy of this section printed in distinct type constantly and conspicuously posted in not less than ten (10) conspicuous places in the hotel or inn, shall be liable for the loss or injury suffered by any guest unless the guest has offered to deliver the baggage or other articles of property to the innkeeper or hotelkeeper for custody in the metal safe or vault, and the innkeeper or hotelkeeper has omitted or refused to take it and deposit it in the safe or vault for custody, and to give the guest a receipt therefor. (c) The keeper of any inn or hotel shall not be obliged to receive from any one (1) guest for deposit in a safe or vault any property hereinbefore described exceeding a total value of three hundred dollars ($300) and shall not be liable for any excess of the property, whether received or not. (d) However, an innkeeper or hotelkeeper may, by special arrangement with a guest, receive for deposit in a safe or vault any property upon such terms as they may agree to in writing. Every innkeeper or hotelkeeper shall be liable for loss of these enumerated articles of a guest in his or her inn or hotel after the articles have been accepted for deposit if the loss was caused by the theft or negligence of the innkeeper, hotelkeeper, or any of their servants.

Ark. Code Ann. § 20-26-303 Nature of liability — Monetary limits.

The liability of the keeper of any inn or hotel, whether individual, partnership, or corporation, for loss of, or injury to, personal property placed by his or her guest under his or her care, other than that described in the preceding sections, shall be that of a depository for hire, except that in case the loss or injury is caused by fire, explosion, vehicle damage, or aircraft damage not intentionally produced by the innkeeper or his or her servants, or by acts of God, the innkeeper shall not be liable, unless the loss is intentionally or negligently caused by the innkeeper or his or her servants. In no case shall liability exceed the sum of three hundred dollars ($300) for each trunk and its contents, one hundred dollars ($100) for each valise and its contents, and twenty-five dollars ($25.00) for each box, bundle, or package and its contents, so placed under his or her care, and all other miscellaneous effects including wearing apparel and personal belongings, one hundred dollars ($100), unless he or she shall have consented in writing with the guest to assume a definite liability.

Ark. Code Ann. § 20-26-304 Baggage and other property of potential or past guests.

Whenever any person shall allow his or her baggage or property to remain in any inn or hotel, after leaving it as a guest, and after the relation of innkeeper and guest between the guest and the proprietors of the inn or hotel has ceased, or shall forward it to the inn or hotel before becoming a guest thereof, and it shall be received into the inn or hotel, an innkeeper may, at his or her option, hold the baggage or property at the owner's risk.

Ark. Code Ann. § 20-26-305 Lien on guest baggage and other property.

(a) The keeper of any inn, hotel, rooming house, or boardinghouse, whether individual, partnership, corporation, or private home, shall have a lien on the baggage and other property in and about the inn, hotel, rooming house, boardinghouse, or private home belonging to or under the control of his or her guests or boarders for the proper charges due him or her from guests or boarders for the accommodation, board, and lodging, for all moneys paid for or advanced to them not to exceed the sum of two hundred dollars ($200), and for other extras that are furnished at their request. (b) An innkeeper, hotel, rooming house, or boardinghouse keeper, or owner of a private home shall have the right to detain baggage and other property until the amount of charges is paid. (c) The baggage and other property shall be exempt from attachment or execution until the innkeeper's lien and the costs of satisfying it are satisfied. (d) The innkeeper or hotelkeeper shall retain baggage and other property upon which he or she has a lien for a period of ninety (90) days. At the expiration of that time, if the lien is not satisfied, he or she may sell the baggage and other property at public auction, after: (1) Giving ten (10) days' notice of the time and place of sale in a newspaper of circulation in the county where the inn or hotel is situated; and (2) Mailing a copy of the notice addressed to the guest or boarder at the place of residence registered by him or her in the register of the inn or hotel.

Ark. Code Ann. § 20-26-306 Disposition of proceeds in excess of lien.

After satisfying the lien and any costs that may accrue, any residue remaining shall, on demand within six (6) months, be paid to the guest or boarder. If not so demanded within six (6) months from the date of the sale, the residue shall be deposited by the innkeeper or hotelkeeper 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 it, a copy of the published notice, and of the amounts received for the goods sold at the sale. The residue shall, by the county treasurer, be credited to the general revenue fund of the county, subject to a right of the guest or boarder, or his or her representative, to reclaim at any time within three (3) years of the date of deposit with the county treasurer.

Ark. Code Ann. § 20-26-401 Bed linens.

(a) It shall be the duty of every hotel or innkeeper in this state to furnish clean and fresh bed linens, unused by any other person or guest since the last laundering of the bed linens, on all beds assigned to the use of any guest or patron of the inn, or hotel, and any proprietor, lessee, manager, or agent of any inn, or hotel, or clerk in it, who shall fail or refuse to comply with the foregoing provisions and requirements shall be guilty of a misdemeanor. (b) The proprietor, lessee, manager, agent, or clerk in charge of the operation or conduct of the inn or hotel, whenever any violations of the provisions of this section shall occur, shall be guilty of a misdemeanor, and on conviction shall be fined not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) or be imprisoned for a term not exceeding ten (10) days, or be punished by both fine and imprisonment.

Ark. Code Ann. § 20-26-402 Door and window screens.

(a) It shall be the duty of every hotel or innkeeper in this state to properly screen with wire cloth or gauze mesh not to be more than 1/32 the doors and windows of the kitchen and dining room, and all openings therein, of the inn or hotel. (b) Any proprietor, lessee, manager, agent, or clerk of an inn or hotel who shall fail or refuse to comply with the requirements of subsection (a) of this section shall be guilty of a violation and upon conviction shall be fined not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00).

Ark. Code Ann. § 20-26-403 Toilets.

(a) It shall be the duty of every manager or person in charge of the conduct of any hotel or inn in this state to keep toilet rooms used in connection with the inn or hotel and provided for the use of guests or patrons of the inn or hotel in a clean and sanitary condition. (b) Any manager or person in charge of the operation and conduct of any inn or hotel shall be guilty of a violation and upon conviction shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100) if that person shall: (1) Permit the toilet stools provided for the use of guests or patrons to become foul or filthy or the vault thereof to become full or clogged with fecal matter; or (2) Fail to keep the stools, seats, and floors of the toilet rooms clean and washed regularly when necessary and in no case less than one (1) time per week.

Ark. Code Ann. § 20-26-405 Vented heating.

(a) Every person operating a tourist camp, motel, or auto court shall provide for the purpose of heating the individual rooms in the tourist camp, motel, or auto court stoves or heating units adequately vented to carry the products of combustion to the outside atmosphere. (b)(1) Any person violating the provisions of this section shall be guilty of a violation and upon conviction shall be fined in any sum of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100). (2) Each day of violation shall constitute a separate offense.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.20.htmlFetched: 11/8/2026