Archive for the ‘Private Club Law’ Category

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.

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

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. 

Restaurant Law: A Quick Look at the New National Menu Labeling Legislation

Thursday, May 6th, 2010

 

David Denney, an attorney that focuses on all things Food and Beverage, as well as the development and operations of a restaurant, has contributed a very insightful and concise analysis of the Nutrition Labeling provisions included in the recently passed federal health legislation.  A must-read for in-house counsel interacting with F&B and for private counsel advising their F&B clients.

As the dust settles around the fierce 2009-2010 debates concerning healthcare legislation and the ink dries on the new law signed by President Obama on March 23, 2010, hospitality companies remain curious about the impact of the “menu labeling” portion of the law.  Buried deep within the “Patient Protection and Affordable Care Act” (P.L. 111-148) is Section 4205, “Nutrition Labeling of Standard Menu Items at Chain Restaurants and Articles of Food Sold from Vending Machines.” 

Though various studies debate the effectiveness of menu labeling on consumer behavior, menu labeling is upon us.  This is a short primer to help you understand the intricacies of the measure.

Read the entire article here.

Healthcare Reform: Here’s What You Need To Know For 2011

Wednesday, April 7th, 2010

National Hotel Law Affiliate, Fisher & Phillips, has published a Legal Alert about the new healthcare law.  Below is an excerpt of the Alert:

There’s a lot of information about the new health care reform acts on the Internet and in the news – much of it vague, some of it incorrect, and most of it overwhelming. The acts are very complex, of course, which is reflected in the reports. While several of the changes will be effective in 2011, most of the changes in the law won’t take effect until 2014. The provisions with delayed effective dates will be clarified in future regulations and some of the provisions may be changed or repealed before they become effective. We’ll report on those aspects of the law in future legal alerts. For now, here’s what you need to know.

Read the complete alert here

Dates Set for 2011 Hospitality Law Conference

Tuesday, March 9th, 2010

The 2011 Hospitality Law Conference is set for Wednesday, February 9, 2010 - Friday, February 11, 2010.

What?

The annual Hospitality Law Conference is the only hotel law and restaurant law conference of its kind.  Industry leaders offer in-depth analysis and insight into the latest international legal, safety, and security trends and issues affecting the hospitality industry.   

Who Should Attend?

Hotel and restaurant in-house counsel and private attorneys practicing in the hospitality industry who want the most current, in-depth legal developments should attend. 

Executives of lodging, real estate, restaurant, and club operations will be interested in our Lodging, Real Estate, and Food & Beverage Tracks. 

Hotel risk managers and hotel loss prevention directors won’t want to miss the Loss Prevention & Risk Management Track. 

For IT professionals, comptrollers, accountants, and CFOs, the conference offers the only Information Protection and Privacy (including PCI-DSS) Workshop for hotels, restaurants, and country clubs.

Where?

The Hospitality Law Conference will be held at the Omni Houston Hotel, Houston, Texas

Details and Speaking Opportunities

This year’s conference begins with the Preconference Workshop on Wednesday, February 9.  The two-day Hospitality Law Conference begins on February 10.   

Attend the conference and receive opportunities to win a $1000.00 American Express gift card and a $500.00 American Express gift card.  If you are interested in presenting at the conference, please email HospitalityLawyer@hospitalitylawyer.com or call (713) 963-8800.

For updates please visit, www.hospitalitylawconference.com

HospitalityLawyer: Massachusetts Privacy Law - PCI Resources for Hotels and Restaurants

Thursday, March 4th, 2010

On Monday, March 1, the Massachusetts Privacy Law went into effect. Chris Zoladz, Founder of Navigate LLC, says, “This law is applicable to any company dealing with the personal information of a Massachusetts resident…. The regulation requires that certain policies, procedures and technology controls be in place to protect personal information on a continuous basis.” For more information on the law, please click here.

For more information protection and privacy information, including PCI compliance, please see the resources below:

Our on-demand library contains the following data privacy webinars.

  • Avoid Becoming the Next Headline - How to avoid a data breach?, presented by Chris Zoladz
  • Your Company Just Experienced a Data Breach - Now What?, presented by Chris Zoladz

The HospitalityLawyer.com Solutions Store offers the following PCI Compliance Forms:

  • Compliance with PCI DSS Business Process Requirements Food & Beverage At-a-Glance
  • Compliance with PCI DSS Business Process Requirements Accounting/PCI Business Champion At-a-Glance
  • Compliance with PCI DSS Business Process Requirements Front Desk Champion At-a-Glance
  • Compliance with PCI DSS Business Process Requirements Sales & Marketing Champion At-a-Glance
  • Job Tasks PCI At a Glance
  • Tips to Reduce the Scope of your PCI Compliance Effort
  • Information Protection & Privacy Checklist for Reviewing Third Party Service Providers
  • Information Protection & Privacy Compliance for U.S. Sales & Marketing – A General Counsel’s Checklist

HospitalityLawyer.com also offers a PCI Compliance Newsletter. View previous editions here

Hotel Lawyer Stephen Barth: Eighth Annual Hospitality Law Conference Major Success

Tuesday, February 23rd, 2010

HospitalityLawyer.com, the industry’s web-based resource for legal, safety, and security solutions, today announced that the 2010 Hospitality Law Conference was an incredible success, receiving excellent reviews from attendees.

Three hundred attendees from across the country and around the world attended this one-of-a-kind conference in Houston, Texas. The two-and-a-half-day conference focused on the following core topics:

  • Current Real Estate Issues in the Industry
  • Information Privacy & Protection, including PCI-DSS
  • Lodging & Fundamentals of Hospitality Law
  • Food & Beverage
  • Labor & Employment; and
  • Loss Prevention & Risk Management. 

“The conference gives attendees the information and resources they need to stay ahead of the fast-changing laws pertinent to our industry,” said Stephen Barth, founder of HospitalityLawyer.com, noting conference attendees include hotel and restaurant in-house counsel, hotel and restaurant lawyers, loss-prevention personnel, risk managers, and hospitality owners and operators.

For the complete release on the conference, please click here.

Couldn’t make it to the 2010 Hospitality Law Conference? To purchase conference materials (Conference Summary Notebook and USB Drive with papers and PowerPoints) for $199.00, please contact Claudia Aslin.

Hotel Labor & Employment Law: Don’t Let Employees Get Hurt As You Dig Out

Monday, February 15th, 2010

National labor and employment law firm Fisher & Phillips offers the following tips for businesses, as they begin to deal with the aftermath of the winter storms:

In the midst of finding childcare for children unexpectedly home from school, coping with business disruption, power outages, and dangerous streets, we often forget that winter storms, like hurricanes, pose special workplace hazards especially when employers begin to clean up and restore business. Many fatalities, injuries, and OSHA citations occur as employees perform non-routine tasks after the storm eases.

For the complete article, including OSHA-related information on falls, electrocutions, personal protection equipment (PPE), hazard communication, equipment operation, and more, please click here.

For more information on Fisher & Phillips, including labor & employment resources, please click here.

HospitalityLawyer.com Announces Recipients of Anthony Marshall Hospitality Law Award and Thomas G. Davis Loss Prevention Lifetime Achievement Award

Thursday, January 21st, 2010

HospitalityLawyer.com is pleased to announce the 2010 recipients of the Anthony G. Marshall Hospitality Law Award and the Thom Davis Loss Prevention Lifetime Achievement Award. Please join us as we honor these recipients at the 2010 Hospitality Law Conference.

Albert Pucciarelli, Chair of the Hotels and Resorts Practice at McElroy, Deutsch, Mulvaney & Carpenter, LLP, has been selected as the 2010 recipient of the Anthony G. Marshall Hospitality Law Award. The Marshall Award is given in recognition of pioneering and lasting contributions to the field of hospitality law.

John Szczepanski, Senior Director of Risk Management at White Lodging Services, has been selected as the 2010 recipient of the Thom Davis Lifetime Achievement Award. The Award recognizes a person who has committed his or her career to improving safety and security in the hospitality industry. The Award (formerly the Hospitality Loss Prevention Lifetime Achievement Award) has been renamed after Thom Davis, who passed away in late 2009 after dedicating more than 30 years of his life to hotel security and loss prevention management.

For the complete release on Pucciarelli and the Marshall Award, please click here. For the complete release on Szczepanski and the Thom Davis Award, please click here.

Pucciarelli and Szczepanski will be honored at the 2010 Hospitality Law Conference, during the Awards Luncheon on February 4.

Don’t miss the 2010 Hospitality Law Conference and honor these industry leaders.

Helpful conference links: