NEW YORK CITY COLLEGE OF TECHNOLOGY, CUNY DEPARTMENT OF HOSPITALITY MANAGEMENT COURSE OUTLINE

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1 NEW YORK CITY COLLEGE OF TECHNOLOGY, CUNY DEPARTMENT OF HOSPITALITY MANAGEMENT COURSE OUTLINE COURSE #: HMGT 3601 COURSE TITLE: HOSPITALITY MANAGEMENT LEGAL ENVIRONMENT CLASS HOURS: 3 LAB HOURS: 0 CREDITS: 3 1. COURSE DESCRIPTION Overview of legal implications of acts by hospitality professionals, employees, guests and visitors. Analysis of rights, responsibilities and risk management of hospitality industry establishments. Discussion of historical and current liability, governmental regulations, predictability and provability in the environment. 2. COURSE OBJECTIVES Upon completion of HMGT 3601, the student will be able to a. Comprehend basic contract law, City, State and Federal Civil Rights Law and the variety of laws that apply to the employment setting b. Extend legal reasoning to business formation and operation c. Recognize the importance of risk management in the everyday operations of a hospitality entity. d. Describe a hotel s duty under common law to receive guests, its obligation to protect its guests, steps in limiting its liability for loss of guest valuables e. Explain food and beverage sales warranty of merchantability, restaurants as insurers of wholesome food. 3. STUDENT LEARNING OUTCOMES and ASSESSMENT Student Learning Outcomes a. Solve case scenarios applicable to hospitality law (HMGT: Knowledge) b. Apply legal reasoning to business formation and operation (Gen Ed: Integration HMGT: Knowledge) c. Analyze risk management (Gen Ed: Integration) d. Assess a hotel s common law duty in regards to its guests. (HMGT: Knowledge) e. Prepare a comprehensive report examining the food and beverage sales warranty (Gen Ed: Skills) Method of Assessment Midterm examination Quizzes Class participation and oral report Final examination Term paper 1

2 4. PREREQUISITES HMGT 2302, HMGT 2303, HMGT 2304, HMGT TEXT Barth, S. (2012). Hospitality law: Managing legal issues in the hospitality industry, (4 th ed). Hoboken, NJ: John Wiley & Sons, Inc. 6. GRADING SYSTEM Quizzes 10 % Class participation 10 % Midterm examination 20 % Term paper 20 % Oral report 10 % Final examination 30 % TOTAL 100%

3 WEEKLY COURSE OUTLINE COURSE: HMGT 3601 COURSE TITLE: HOSPITALITY MANAGEMENT LEGAL ENVIRONMENT. WEEK 1. Prevention Philosophy WEEK 2. WEEK 3. WEEK 4. WEEK 5. WEEK 6. Government Agencies that Impact the Hospitality Industry Hospitality Business Structures Contract Basics Significant Hospitality Contracts Legally Managing Property WEEK 7. QUIZ # 1 Legally Selecting Employees WEEK 8. WEEK 9. WEEK 10. WEEK 11. Legally Managing Employees Your Responsibilities as a Hospitality Operator Your Responsibilities as a Hospitality Operator to Guests Your Responsibilities for Guests Property WEEK 12. QUIZ # 2 Your Responsibilities when serving Food and Beverages WEEK 13. WEEK 14. WEEK 15. Legal Responsibilities in Travel and Tourism Submit Research Term Paper Safety and Security Issues Managing Insurance FINAL EXAMINATION

4 WEEKLY COURSE OBJECTIVES COURSE: HMGT 3601 COURSE TITLE: The student will be able to... HOSPITALITY MANAGEMENT LEGAL ENVIRONMENT WEEK 1 Describe and compare common law, statutory law, constitutional law, civil, and criminal law List the steps from the commencement of a lawsuit (filing a complaint) through the final appeal review Compare and contrast state, city, and federal courts WEEK 2 Discuss alternative methods of resolving disputes Discuss how case law is created Explain jury selection, opening statements, summations, and the charge to the jury, the verdict, judgment, and the appeal process WEEK 3 Discuss the Civil Rights Act of 1964 as it applies to places of public accommodation, establishing jurisdiction, broad enforcement through the Unitary Rule, exempt establishments, private clubs and scrutinizing admission policies Discuss language, sex, and age discrimination, protected classes, covered facilities, penalties and remedies Identify state civil rights laws Analyze the Americans with Disabilities Act, providing alternate services, structural modifications for existing buildings and modifying rules to accommodate the disabled WEEK 4 Describe the elements of a contract, void-able contracts, oral and written contracts, contracts that must be in writing (Statute of Frauds), contracting for a room, catering and convention contracts WEEK 5 Discuss breach of contract, breach by guest, compensatory damages, duty to mitigate the damages, and penalties for overbooking WEEK 6 Describe the elements of negligence, duty to act reasonably, breach of duty and proximate cause Discuss foreseeability, duty owed to invitees, licensees, land trespassers, negligence doctrines generally favoring plaintiff Examine the elements of res ipsa loquitur, reasonable person test, negligence per se, and strict products liability Discuss reasonable accommodations for children, Attractive Nuisance Doctrine, respondent superior, statutory protection for good Samaritans, rule for choking situations 4

5 WEEK 7 Compare assumption of risk, contributory and comparative negligence, and the doctrine of last clear chance WEEK 8 Discuss negligence inside hotels, restaurants, bars, and related places Discuss duty owed to guests in rooms, cleanliness in hotel rooms, beds and other furniture, windows and screens, electrical and heating hazards, animals and insects, bathroom appliances, and hot water baths and showers Discuss elevators operator assisted and self-service, doors, automatic doors, hallways, stairways, steps, and floor coverings Discuss duty owed in restaurants and dining rooms, slippery floors, placement of chairs and tables, hanging mirrors and flambé foods WEEK 9 Examine negligence outside the hotel building grounds, sporting facilities, outdoor lighting, liability to guest's visitors, swimming pool areas, superior knowledge dangers, unusual natural hazards, and control of boisterous conduct of guests Discuss injuries caused by fire, maintenance of safety equipment, training of personnel, security inside and outside the building and neighborhood crime rates. WEEK 10 Explain the registration process, intent to become a guest, delivery of baggage, termination of the guest-innkeeper relationship, landlord-tenant relationship Discuss protecting a guest's property, the Absolute Liability Rule, exceptions to the Absolute Liability Rule, acts of God, acts of public enemy and a guest's negligence Describe the legislative limitations to the Absolute Liability Rule, providing a safe for valuables, posting requirements, clothes and baggage, salesperson's samples and property in transit. WEEK 11 Explain hotel liability for a guest's property before check-in, after check out, and guest's status Compare the individual and mutual benefits of bailment for bailee and bailor Explain cloakroom liability, limiting liability and cloakrooms not covered by the limiting statute WEEK 12 Distinguish the rights of innkeepers with respect to setting reasonable rules, refusing a guest lodging, selecting and changing guest's accommodations, entering guest's room, and eviction of the guest Discuss over-staying; persons of ill repute, disorderly, intoxicated persons, diseased persons, receiving guests without baggage, and business competitors Explain the innkeeper's lien, defrauding the innkeeper, false arrest and false imprisonment

6 WEEK 13 Discuss basic rights of guests to occupy assigned room, rights to privacy protection against insults, protection against false arrest, extraneous fees, telephone charges, proper handling of mail and packages Examine protection against illegal searches, report of illegal activity in rooms, search warrants, consent searches and searches for mislaid guest's property WEEK 14 Discuss food and beverage sales warranty of merchantability, restaurants as insurers of wholesomeness of food privities of contract, strict products liability, food labeling, allergies, and relationship between fast food operations and hotels Distinguish the sales of alcoholic beverage restrictions, Dram Shop aacts, sales to minors, sales to visibly intoxicated persons and habitual drunkards Explain vendor's liability to purchaser, automobile passengers, innocent third parties and alcohol sales in hotel guest rooms. WEEK 15 Pass the final examination

7 SELECTED BIBLIOGRAPY Bohdanowicz, P. (2005). European hoteliers' environmental attitudes: Greening the business. Cornell Hotel and Restaurant Administration Quarterly, 46(2), 188. Cox, A. et al (2011). Labor law, cases and materials, strategy and case supplement, (15 th ed.). New York, NY: Foundation Press. Morris, K., Cournoyer, N., Marshall, A. (2008). Hotel, restaurant and travel law, (7 th ed.). New York, NY: Thompson Delmar Learning. Office of Travel &Tourism Industries. (2009). Retrieved 2009, from Sherwyn, D. (2004). Introducing the hospitality roundtable on legal issues. Cornell Hotel and Restaurant Administration Quarterly, 45(2), 170. Sherwyn, D., Elegen, Z., Wagner, P. (2006). Retaliation: The fastest-growing discrimination claim. Cornell Hotel and Restaurant Administration Quarterly, 47(4), 350. Sherwyn, D., Elegen, Z., Wagner, P., Elegen, Z., Wagner, P. (2006). The hotel industry's summer of 2006: A watershed moment for America's labor unions? Cornell Hotel and Restaurant Administration Quarterly, 47(4), 337. Singaravelavan, R. (2012). Food and beverage services. New York, NY: Oxford University Press. Uniform commercial code, article 2, sales (2005) Retrieved 2009, from Wilson, R. H. (2001). Agency law, fiduciary duties, and hotel management contracts. Journal of Hospitality & Tourism Research, 25(2),