Archive for the ‘Social and Economic Issues for Hotels’ Category

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.

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”!!!!!

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. 

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

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.

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:

Early Registration Ends Today for Hospitality Law Conference

Monday, January 11th, 2010

Don’t miss the only conference devoted exclusively to legal, safety and security issues impacting the hotel, restaurant, and travel industries.

Early registration ends today, January 11. Register today to receive discounted registration rates.

Program Topics:

  • Information Protection and Privacy, including Payment Card Industry Data Security Standards Workshop
  • Hospitality Real Estate Transactions Workshop
  • Hotel & Restaurant In-House Counsel Workshop (in-house counsel only)
  • Food & Beverage Breakout
  • Human Resources & Labor Relations Breakout
  • Lodging and Fundamentals of Hospitality Law Breakout
  • Loss Prevention and Risk Management Breakout
  • General Sessions, including:
    • Information Protection & Privacy: The New High Stakes Game
    • Critical Issues in Payment Card/Merchant Relations
    • It’s Not Easy Being Green
    • The Franchise Debate
    • A Primer on Representing Airlines and Cruise Ships
    • An Ethics Sampler - Five Top Mistakes to Avoid

HRCI and CLE Available.

Helpful links:

Conference Brochure

Conference Website

Conference Agenda

Early Registration Ends Soon for Hospitality Law Conference

Monday, January 4th, 2010

Early registration for the 2010 Hospitality Law Conference ends January 11. Don’t miss the only program devoted exclusively to legal, safety and security issues impacting the hotel, restaurant, and travel industries. Register Now to take advantage of discounted rates!

The 2010 Conference will kick off on Wednesday, February 3, with a Pre-Conference Workshop and will feature the following sessions:

  • Information Protection and Privacy, including Payment Card Industry Data Security Standards Workshop – including PCI compliance, forensic investigations, and data security
  • Hospitality Real Estate Transactions Workshop – including workouts, special service providers and how recent economic events have affected the real estate industry.
  • Hotel & Restaurant In-House Counsel Workshop – including bargaining with credit card companies, protecting proprietary data, unions, and antitrust issues

The Hospitality Law Conference will shift into full gear on Thursday, February 4, with breakout sessions on a host of relevant and timely topics:

  • Lodging and Fundamentals of Hospitality Law - including management contracts, OTAs, taxation issues, and more
  • Food & Beverage – including the tip credit, Truth in Menu, selling alcohol, and alcohol sponsorship issues
  • Human Resources and Labor Relations – including wage and hour issues, sexual harassment, OSHA, and the Fair Labor Standards Act
  • Loss Prevention & Risk Management – including bed bugs, insurance litigation, claims, and various liability issues

Don’t miss the Wine Tasting & Product Showcase on Thursday, February 4, to be eligible to win a $1,000 American Express gift card. Stay until the end of the conference to be eligible to win a $500 American Express gift card, which will be drawn during the Closing Remarks on Friday, February 5.

Accreditation:

MCLE accreditation for up to 16.0 hours (including 1 hour of ethics) is available.

This program has been approved for 4 (General) recertification credit hours toward PHR, SPHR and GPHR recertification through the HR Certification Institute.

Helpful Links: