Author Archive

Hotel Law: Model Innkeeper Statute

Friday, July 16th, 2010

As mentioned in a previous blog post, we have proposed a Model Innkeeper Statute. In that blog post, we noted the need for a Model Innkeeper Statute that allows for consistent application and clarity of compliance requirements of an innkeeper’s limitations of liability.

We propose the following Model Innkeeper Statute to begin the dialogue:

(a) Definitions:

  1. “Posting” shall mean: placing/affixing notice included in this statute in fourteen-point type at the place of registration of the inn and inside the entrance door of every guest room.
  2. “Receipt” shall mean, an itemized listing of items deposited with each item’s declared value.
  3. “Valuables” shall mean any money, cameras, computers, other electronic devices, jewelry, jewels, bank notes, bonds, negotiable security, or other valuable documents, and any other items that will fit in the safe provided by the innkeeper.
  4. “Guest” shall mean, a transient guest who registers at an inn or otherwise avails oneself of the facility’s food, beverage, lodging, or other services, including entertainment, baggage handling and storage or for any other purpose of lawfully utilizing the inn’s accommodations, amenities, or services.
  5. “Safe” shall mean a commercially viable lockbox, safe or vault, in good order and fit for safekeeping of Valuables, whether located in the individual rooms of the inn or behind the desk of the inn or at some other location controlled by the inn and its employees.

(b) It shall be the duty of the innkeeper to exercise reasonable care in providing honest employees and to take reasonable precautions to protect the valuables of their guests.

(c) The innkeeper shall be liable for the loss or damage of the valuables of the guest to the extent of its value or the sum of twenty-five hundred dollars ($2500.00), whichever is less, if:

  1. the innkeeper provides a safe, in a convenient place, and fit for the safekeeping of valuables belonging to the guest;
  2. the innkeeper notifies the guest by posting the language at the end of this statute identified as “Notice to Guest” in fourteen-point type and in double space at the place of registration of the inn; and inside the entrance door of every guest room*; and
  3. the guest deposits valuables that can be accommodated in the safe.

(d) The innkeeper shall not be liable for any loss of or damage to the valuables of the guest, if the guest fails to deposit valuables with a value over three hundred dollars ($300.00) in the in-room safe or to the innkeeper for deposit in a safe controlled by the hotel.

(e) The innkeeper shall be liable for a sum not exceeding three hundred dollars ($300.00) for the loss of all other property, including any wearing apparel, baggage, or other property belonging to a guest when such loss or damage takes place from the room occupied by the guest, and the loss is caused by the negligence, gross negligence, or intentional acts of the innkeeper.

(f) The innkeeper shall be liable for the full value of the loss or damage of any valuables of a guest in the inn, if:

  1. the valuables have been securely deposited in the safe provided by the innkeeper; and
  2. the loss is due to the theft or negligence by the innkeeper or any employees of the innkeeper.

(g) The innkeeper may, by special arrangement in writing with a guest, accept liability for losses in excess of the sum of three hundred dollars ($300.00).

(h) In all cases of loss, the burden shall be on the guest to prove the amount of loss and that any such loss was caused or contributed to by the negligence of the innkeeper.

(i) It is not an affirmative defense of the statute that the guest is a frequent traveler.

* Note to Innkeeper: Actual notice, such as telling the guest about this policy or having the guest sign a separate acknowledgement, is helpful and encouraged. However, it is not a substitute for strict compliance with these statute requirements. The “Notice to Guest” will be in plain language to inform guests of their obligation to protect their property.

 


The model innkeeper statute with analysis is available at www.hospitalitylawyer.com/ModelInnkeeperLiabilityStatute_Final.pdf. For a case history of the innkeeper statute, please click here.

For a brief summary of the proposed model statute, including the major proposed changes, please click here.

Do you agree with the proposed model statute? Comment here.

Hotel Lawyer Stephen Barth Brings Attention to Pool and Spa Safety

Monday, July 12th, 2010


USAToday recently published the article, “CPSC sides with industry, not safety, advocates say.”

As many have been saying for quite some time, pools and spas can be very dangerous and deserve significant attention from operators.

All of us need to work together to deliver the safest pool/spa experience possible.

See PoolSafety.gov for assistance.

We have also put together a very helpful Pool Safety Checklist. Visit our Solutions Store at www.hospitalitylawyer.com/shop/default.asp and search for “Checklist for Reducing Swimming Pool Liability.”

Hotel Lawyer Stephen Barth Urges Safety for Swimming Pool Parties

Friday, June 18th, 2010

Pool parties are becoming trendy in Las Vegas and elsewhere.

Operators, please keep in mind the need for capacity restrictions in and around pool areas as well as the dangers of mixing alcohol and the pool environment. In a pool party atmosphere, highly trained lifeguards and security are a must.

Restaurant Lawyer Stephen Barth Urges Sustainable Resources for the Food & Beverage Industry

Tuesday, June 15th, 2010

Even with all of the talk about going green and the value of going green, I still go into restaurants that use non-recyclable disposal ware, do not conserve, and do not recycle.

Ladies and gentlemen of the food and beverage industry, every item that is sold to generate revenue for the F&B industry emanates from the Earth: the grain for the bread, the fruit, the meat, the vegetables, the grain for the alcohol, the grapes for the wine, every revenue generator.

If the F&B industry isn’t reducing, reusing and recycling, then who should be????

Come on…as Herman Cain says…”Get on the bus”!!!!!

HospitalityLawyer.com Announces Alliance with National Council of Chain Restaurants

Wednesday, June 2nd, 2010
 

 

HOSPITALITYLAWYER.COM AND THE NATIONAL COUNCIL OF CHAIN RESTAURANTS (NCCR) FORM PARTNERSHIP TO FURTHER BOOST BENEFITS OF ANNUAL HOSPITALITY LAW CONFERENCE

New NCCR-Led “Legislative Update” Session Added to 2011 Hospitality Law Conference

HOUSTON, Texas, June 1, 2010 – HospitalityLawyer.com, the industry’s web-based resource for legal, safety, and security solutions, today announced that it has formed a new strategic alliance with the National Council of Chain Restaurants (NCCR) – the leading trade association exclusively representing chain restaurant companies.

This partnership will greatly expand the depth and breadth of legislative topics already covered at the annual Hospitality Law Conference – the only program in the world devoted exclusively to legal, safety and security issues impacting the hotel and restaurant industries.

The 2011 Hospitality Law Conference, scheduled for Feb. 9 – 11 in Houston, Texas, will now include a dedicated “Legislative Update” session. Leading this newly added session will be NCCR Vice President Scott Vinson, who will highlight recent and soon-to-be enacted legislation and discuss its impact on the restaurant industry.

In commenting on the new alliance, HospitalityLawyer.com Founder Stephen Barth said, “The NCCR has advanced the interests of the restaurant industry and its employees for decades. There’s no better source for insight into the most pressing public policy issues impacting or soon-to-be impacting our industry.”

Stephen continued, “We’re thrilled to have the NCCR as part of our conference line up in 2011 – as this group’s participation will position us to provide more in-depth and detailed legislative analysis, and will give conference goers – specifically restaurant counsel – the opportunity to further benchmark and share best practices, while continuing to expand their network.”

Of the alliance, Scott Vinson of NCCR said, “We are excited about this opportunity to partner with HospitalityLawyer.com and look forward to strengthening the ties that bind the chain restaurant community with the overall hospitality industry. Given the commonality in public policy issues that impact our two sectors, this new relationship just plain makes sense.”

About NCCR

For more than 40 years, the National Council of Chain Restaurants (NCCR) has worked to advance sound public policy that best serves the interests of both chain restaurants and the millions of people they employ. NCCR members include some of the country’s largest and well respected quick-serve and casual-dining companies. The NCCR is a division of the National Retail Federation, the world’s largest retail trade group.

About HospitalityLawyer.com

HospitalityLawyer.com is the leading global network of people, products and services that deliver legal, safety and security solutions to the hospitality industry.

###

Media Contact:

Diana Singson

COO, Associate Counsel, and Editor

(713) 864-6944

diana@hospitalitylawyer.com

Stephen Barth Brings Attention to Dangers of Smoking on Cruise Ships

Friday, May 28th, 2010

I have repeatedly called for enhanced smoking restrictions in places of public accommodations and will continue to do so until all public places are smoke free, inside and out. Below is a very interesting perspective on smoking on cruise ships by Artie Beavis, which enlightens us to the dangers of allowing smoking on oceangoing vessels.

Cigarette Smoking Aboard Cruise Ships ‘Lights Up’ Debate

by Artie Beavis (Follow on Twitter @ArtieBeavis)

Envision yourself aboard a luxury cruise, where you are taking in the tranquility of the night and the smooth ocean waves. Suddenly, your lower deck cabin is engulfed by a cloud of smoke, you hear passengers panic at the sight of fire, and you begin to experience a heat sensation from the blaze. One can only dread the forthcoming events.

Dating back a few years, a smoldering cigarette was the suspected cause of a deadly fire aboard the Star Princess cruise ship, which at the time carried 2,690 passengers and 1,123 crewmembers. Luckily, the vessel only suffered one casualty aside from 11 injuries and the destruction of nearly 100 cabins. This is still one life too many…It had taken the blackening of a luxury ship for industry executives to become cognizant of the tremendous dangers that surround cigarette smoking aboard their liners.

Since then, North American cruise lines have taken a moderate approach to smoking policies with the implementation of limited restrictions. Let us dare pose the question to industry executives: Is it worth accommodating the 12% of smoking passengers and endangering the lives of the remaining 88% of travelers and crewmembers?

As the hospitality industry undergoes an enduring revolution of smoke-free establishments, it is time the cruise sector considers the hazards of cigarette use and take the necessary precautions. Unlike its industry siblings—hotels, bars and restaurants—each of whom are also at risk of unintentional fires and detrimental health effects in response to cigarettes, cruise ships are not accessible to a majority of rescue teams. A fire truck won’t be just down the road; conversely, you are in the middle of international waters!

Vaguely speaking, cruise ships tend to be smoke-free in most of its public areas; however, a majority of American cruise lines are rather acceptable of their smoking guests. On a positive note, no major brand permits the smoking of passengers in their main dining areas; however, the unhealthy habit is allowed throughout casinos, bars, nightclubs, open decks, pool areas and staterooms onboard.

Recently aboard a Norwegian Cruise Line ship, I had the opportunity to explore their smoking policies firsthand. Their policy was as follows:

“Smoking is only allowed inside in your stateroom, the Casino, Topsiders Bar “port side designated seating,” Sky High Bar & designated outside deck areas where wall mounted ashtrays are available.”

As a result of this policy, I found myself taking in cigarette fumes while sitting next to travelers at the pool as well as the casino. Upon leaving the casino and counting my winnings from the roulette table, my temporary high was quickly eradicated by the reek of cigarettes that was instilled into my clothing, hair, and normally-sized nostrils. Not only did I have to shower and change my clothes, but the smoke transpired into a sore throat, dry sinuses and watery eyes the very next day. This is something most guests can do without!

Although cruise lines, such as NCL, offer limited smoking to their passengers, it only takes ONE minor cigarette mishap to engulf a ship and puts thousands of lives at risk. Aside from the serious health threats that come at hands of secondhand smoke in small-capacity and highly-populated areas such as the casino and bar areas, it is quite ironic that the dining rooms must use fake candles but matches and lighters are allowed on board. If you can’t smoke on airplanes with recycled air or in a restaurant while surrounded by peers, why should it be acceptable to smoke onboard a cruise? Afterall, smoke is a gas so and therefore, is not bound by walls.

The issue affects the health and overall travel experiences of each and every individual aboard the ship. Although cruises have experienced mixed reviews on prior and current smoking restrictions, only one cruise ship has ever dared to ‘test the waters’ (pun intended) of an entirely smoke-free ship. Carnival’s Paradise had gone smoke-free for a short period of time; however, this regulation only lasted a few years before passengers were given the permission to light up once again. The industry must not be afraid of losing patrons; if the industry all comes together and restricts smoking, the public will have but not choice to adhere to the amendments.

Just as an unseen iceberg can become a damaging facet, a flame can be the next major cause of disaster. It is imperative for industry executives to reconsider the current smoking policies aboard their ships and improve these regulations to avoid future adversity. Keep in mind, it only takes one lit cigarette.

Would you prefer cruises to be smoke-free?

Cigarettes Distrurbs the Fish

Hotel Lawyer Stephen Barth: A Call to Action on the Debt and Liquidity Crisis Facing the Lodging Industry

Tuesday, May 25th, 2010

It is a time for patience, understanding, and the realization that we - lenders, borrowers and our local economies - are all in this together.

I have been traveling the country recently and have become dismayed at the stories I am hearing from the hotel industry, particularly the limited service segment, regarding their inability to survive this economic downturn.

The reasons given vary, but there is a common theme: Due to overall reduced demand, and downward pressure on rate, currently, despite excellent historical performance,  the debt amortization schedule cannot be met; or a balloon has come due and there is not any financing available; or, if there is financing, the required  LTV ratio of the lender will not support the renewal or refinancing without a significant equity contribution.  Other broad-based concerns are that the borrower cannot locate the right person to speak to regarding a possible solution (particularly in remote lender situations).  Or if they do find that person, often the lender will not be open to discussions with the borrower until the loan is in default.

The borrowers (again, historically, some of the best operators this industry has) want to survive.  Clearly, it is not in the best interest of the lenders to take the property back, so they want the owner to survive.  Governments realize how vital it is to the economy in general that these small businesses (relatively speaking) survive so people remain employed, so federal, state and local taxes get paid, and so competition in the industry remains robust.  And the vendors that serve these businesses want them to survive.

The problem is compounded by lenders that do not have ties to a community and lack any empathy for the ripple effect a foreclosure has on the community.  We need remote lenders to immediately identify a contact person that the borrower can speak to.  We need the ability to have conversations on solutions before a default occurs.  We need relief from a short-term regulatory scheme that focuses on the short-term interests of the lender and government, while ignoring the long-term impact on themselves and the communities. We need a system that is flexible, with the ability to respond prudently, but also creatively, to economic cycles, and we need a system that nurtures long-term economic sustainability, which is so vital for our local communities and its citizenry.

This debt and liquidity crisis deserves our attention. We need a collective dialogue in Washington, D.C. on this issue and on possible solutions.  We need legislators and lenders to understand that many of these excellent hotel owners and operators are trapped by a banking/lending regulatory system that focuses on a very narrow, short-term view (the impact of current LTV ratios on balance sheets), while ignoring the broader and longer term picture of historical positive performance, economic cycling, employment, tax bases and survivability of a community.

Now is the time to  remember what Eric Hilton has been saying for years: It is estimated that the travel, tourism and hospitality industry employs one out of every ten workers in the world; it is an economic powerhouse in our local and  global economies. It deserves our collective attention and dialogue.

Hotel Law: Model Innkeeper Statute Proposed

Thursday, May 20th, 2010

Each of the 50 states has a different innkeeper statute – a statute that governs an innkeeper’s liability for the loss of a guest’s property.  As interstate travel has become more common, it is increasingly more important for all parties – guests, insurance companies, and hotel operators – to rely on a uniform innkeeper statute.  To that end, Kris Westbrook, Diana Singson, and Stephen Barth have drafted a model statute. 

Background

If a guest’s property is lost or stolen, the innkeeper’s liability is limited to a certain amount.  However, to receive this limited liability protection, both the innkeeper and the guest must comply with certain statutory requirements.  For example, many statutes require the innkeeper to post a copy of the statute in a specific place in a specific size and in a specific font.  The guest must also deposit certain items (dictated by statute) in a safe to receive statutory protection for loss or theft. 

The Model Statute

The proposed model innkeeper statute has simplified the requirements for innkeepers and for guests.  

Uniform application of the statute across all 50 states is beneficial for all parties.  Guests can travel knowing what is expected of them.  Hoteliers with properties in multiple states and insurers do not have to worry about varying statutory obligations. 

The statute also takes into account the amount and types of property with which guests travel today, such as cameras, laptops, and confidential business information.

Please click here to download (.pdf) a case history for the innkeeper statute.  In a few weeks, we will post the proposed model statute.  In the interim, let us know what you think.  Do you think a uniform statute is needed?  What do you think are the biggest problems with your state’s innkeeper statute now?

Hotel & Restaurant Lawyer Stephen Barth Brings Attention to the Use of the ADA to Prohibit Smoking

Friday, May 14th, 2010

The potential for liability for places of public accommodation (including restaurants, hotels and casinos) that allow smoking (inside or outside) under the ADA is gaining traction.

Is banning smoking a reasonable accommodation for patrons or employees with qualified breathing disabilities?

Read this excellent brief on the subject by 3 University of Houston Law Center students, Robert D. Ayers, Talia Jarvis, and Richard T. McCarty, to find out where the law is today. Comments are welcome.

2011 Hospitality Law Conference - Invitation to Submit Presentation Proposal

Tuesday, May 11th, 2010

The 2011 Hospitality Law Conference is scheduled for February 9-11, 2011, in Houston, Texas. If you are interested in presenting at the conference, please download the “Invitation to Submit a Presentation Proposal” and submit to Diana Singson by June 11.

The Annual Hospitality Law Conference is the leading conference dedicated to hotel and restaurant legal, safety, and security issues.