Description:

This course offers an overview of product and dram shop liability as well as of the various areas of federal and state legislation that regulate the hospitality industry. Emphasis will be on familiarizing the hospitality manager with ways to avoid costly and time-consuming lawsuits. A manager's or owner's legal rights and responsibilities also will be discussed. Upon successful completion of this course, the student should be able to recognize potential legal problems. 3 hrs./wk.

Supplies: Refer to the instructor's course syllabus for details about any supplies that may be required.

Prerequisites: NONE

Textbook(s): For information see - http://bookstore.jccc.net

Course Fees: NONE

Course Objectives:

Upon successful completion of this course the student should be able to:

1. Define hospitality law.
2. Locate sources of law.
3. Explain the legal process and court and legal systems.
4. Explain civil rights and their applications to hospitality businesses.
5. Outline the basic concepts of contract law.
6. Apply contract law to specific hospitality industry situations.
7. Explain the elements of negligence.
8. Identify the various legal duties owed to guests.
9. Discuss legal relationships with guests and other patrons.
10. Explain the legal concepts applicable to patrons’ property.
11. Outline specific rights of innkeepers in their dealings with guests and other persons.
12. Identify various rights of guests and other persons.
13. Explain the areas of liability created by the sale of food and alcoholic and nonalcoholic beverages.
14. Discuss liability for injuries to patrons.
15. Outline the rights and liabilities pertaining to travel law.
16. Discuss the legal rights and duties of employers and employees with regard to civil rights laws, wage and hour laws, discrimination, and disabilities.
17. Explain the licensing process and business operations, including regulatory compliance and various business activities.
18. Discuss legal matters related to gambling facilities.

Content Outline & Competencies:

I. Introduction to Contemporary Hospitality Law
   A. Trace the development of the law
   B. Define the law
   C. Identify principles of hospitality law
   D. Identify sources of law
   E. Discuss attributes of law
   F. Explain how to read a case
   G. Identify important legal terms

II. Legal Procedures: Journey of a Case Through the Courts
   A. Identify the parties to a legal matter and the elements of legal
proof
   B. Describe the steps taken to file a lawsuit
   C. Explain pretrial procedure
   D. Outline trial procedures
   E. Explain appeal procedures
   F. Explain alternative dispute resolution
   G. Interpret a case citation
 
III. Civil Rights and Hospitality Businesses
   A. Explain the provisions of the Civil Rights Act of 1964
   B. Identify methods used to enforce the act
   C. Identify exempt establishments
   D. Apply the act to private clubs
   E. Explain the Americans with Disabilities Act
   F. Discuss rights of proprietors

IV. Contract Law and the Hospitality Industry
   A. Identify the elements of a contract
   B. Explain trade usage terms
   C. Explain the legal ramifications of breach of contract
   D. Explain various “special” contract situations including room,
catering and convention contracts
   E. Discuss the tort of intentional interference with contractual
relations

V. Principles of Negligence
   A. Negligence
      1. Define the elements of negligence
      2. Explain the duties owed to invitees, licensees, trespassers and
others
   B. Explain negligence doctrines generally favoring the plaintiff,
including:
      1. Res Ipsa Loquitur
      2. Children and the Reasonable Person Test
      3. Attractive Nuisance Doctrine
      4. Negligence Per Se Doctrine
      5. Obligations Beyond Regulation
      6. Strict or Absolute Liability
      7. Strict Products Liability
      8. Respondeat Superior
      9. Duty to Aid a Person in Distress
      10. Developing Duty to Invitees in Danger
   C. Discuss negligence doctrines generally favoring the defendant
      1. Explain Assumption of Risk
      2. Differentiate Contributory Negligence and Comparative Negligence

VI. Negligence and Hospitality Practices - Part I
   A. Identify duties owed guests in rooms
   B. Identify duties owed guests and others in public areas
   C. Explain duty owed in restaurant and dining rooms
 
VII. Negligence and Hospitality Practices - Part 2
   A. Explain duties owed guests outside an establishment
   B. Explain duties owed guests in swimming areas
   C. Identify special duties, including fire injuries, security, and
medical care

VIII. Relationships with Guests and Other Patrons
   A. Identify persons who qualify as a guest
   B. Explain the importance of intent of parties
   C. Explain the effect of guests’ illegal acts
   D. Identify events that terminate the guest/innkeeper relationship
   E. Differentiate the landlord/tenant relationship from the
guest/innkeeper relationship

IX. Protecting Patrons’ Property
   A. Identify risks to property in the hotel
   B. Explain legislative limitations to the absolute liability rule
   C. Explain methods to limit liability for other property
   D. Explain fire liability situations
   E. Describe extension of liability
   F. Explain elements of hotel’s negligence
   G. Identify areas of liability during check-in and check-out
   H. Explain the elements of bailment

X. Rights of Innkeepers
   A. Explain the right to exclude non-guests
   B. Identify times when a guest can be refused lodging
   C. Explain the right to select or change accommodations for a guest
   D. Trace the procedure for evicting a guest
   E. Discuss how to refuse a diner
   F. Explain the statutory protections for the hotelkeeper
   G. Explain how a hotelkeeper or restaurateur can be defrauded
   H. Explain how liability for false arrest can be avoided

XI. Guests’ Rights
   A. Explain basic rights of guests
   B. Identify methods to avoid liability for illegal searches
   C. Describe proper handling of mail and packages
   D. Identify rights concerning rates and fees

XII. Liability and the Sale of Food and Alcohol
   A. Explain the warranty of merchantability, including:
      1. Judging the Merchantability of Food
      2. Objects in Food
      3. Other Grounds for Breach of Warranty of Merchantability
      4. Pork and Trichinosis
      5. Required Proof That Food Is Unwholesome
      6. Restaurant as Insurer of Wholesomeness
      7. Privity of Contract
      8. Strict Products Liability
   B. Identify areas of false food claims, including:                 
      1. Truth-in-Menu Laws
      2. Food Labeling
      3. Kosher Foods
   C. Describe current smoking restrictions
   D. Identify the effect of alcoholic beverages on the hospitality
industry with respect to:
      1. Sales to underage patrons
      2. Sales to people who are visibly intoxicated
      3. Sales to habitual drunkards
      4. Proof of intoxication
      5. Alcohol vendor’s liability under common law
      6. Alcohol vendor’s liability under Dram Shop Act
      7. Alcohol vendor’s liability to the patron
      8. Alcohol vendor’s liability to third parties
      9. Alcohol vendor’s liability to passengers
      10. Two licensees serving one patron
      11. States without Dram Shop Act 
      12. Liquor liability insurance
      13. New demands from convention sponsors
      14. Strategies to avoid liability
      15. Alcohol sales in hotel guest rooms
      16. Miscellaneous regulations on licensees
   E. Identify areas of general liability for injuries to patrons
   F. Explain Safety Concerns Particular to Food Preparation
 
XIII. The Travel Agent and the Airlines-Rights and Liabilities
   A. Explain the make-up of the travel industry
   B. Identify methods for recovering small damages
   C. Identify the various rights of the traveler
   D. Outline special rights of airlines
   E. Identify liabilities of travel agents and charter tour companies
   F. Identify legal matters related to rental cars
 
XIV. Employment               
   A.  Explain the provisions of the Fair Labor Standards Act, including:
      1. Minimum wage
      2. Overtime pay
      3. Time worked
      4. Equal pay for equal work
      5. Comparable worth
      6. Restrictions on child labor
      7. Violations of the FLSA
   B. Identify various concerns related to illegal job discrimination,
including:
      1. Title VII of the Civil Rights Act of 1964
      2. Filing a complaint
      3. Remedies
      4. Defense of Bona Fide Occupational Qualification
      5. Defense of business necessity
      6. Race
      7. National origin
      8. National origin and language discrimination
      9. Religion
      10. Sex
      11. Gender-differentiated grooming standards
      12. Sexual harassment
      13. Pregnancy
      14. Age  
      15. Retaliatory discharge
      16. Mixed types of discrimination
      17. The Civil Rights Act of 1991
   C. Apply the Americans With Disabilities Act to employment
   D. Explain mandatory verification of employment status
   E. Apply the Family and Medical Leave Act
      
XV. Licensing and Regulation
   A. Explain how the marketplace is regulated through the use of:
      1. Antitrust enforcement
      2. Trademarks and service marks
      3. Copyright
      4. Illegal satellite transmission prohibitions
      5. Music performances restrictions
      6. Franchising
   B. Identify regulation of internal affairs
   C. Explain licensing and zoning requirements

XVI. The Law of Casinos:
   A. Discuss contracts and gambling debts
   B. Identify torts involving casinos
   C. Discuss how sexual harassment occurs at casinos
   D. Discuss types of criminal activities at casinos
   E. Explain how casinos operate on Indian reservations

Methods of Evaluation of Competencies:

Evaluation of student mastery of course competencies will be accomplished using the following methods:

A minimum of four examinations                  80% of grade
A minimum of 2 assignments and 5 in-class quizzes-
                                                20% of grade
                                               100%

Grading Scale:  A = 90+%
                B = 80%
                C = 70%
                D = 60%
                F = Below 60%

Caveats:

1. Success in this course is very dependent upon a student's attending all class sessions due to the specialized nature of the course. If a session is missed, the student should contact the instructor to discuss the missed session and obtain handout materials.

Disabilities:

If you are a student with a disability, and if you will be requesting accommodations, it is your responsibility to contact Access Services. Access Services will recommend any appropriate accommodations to your professor and his/her director. The professor and director will identify for you which accommodations will be arranged.

JCCC provides a range of services to allow persons with disabilities to participate in educational programs and activities. If you desire support services, contact the office of Access Services for Students With Disabilities (913) 469-8500, ext. 3521 or TDD (913) 469-3885. The Access Services office is located in the Success Center on the second floor of the Student Center.