` Hospitality Legal Issues, HAMG 1340 COURSE INFORMATION LIFETYLE ARTS & DESIGN CAREERS

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1 HOTEL RESTAURANT MANAGEMENT PROGRAM HOSPITALITY LEGAL ISSUES ` HAMG 1340-second 8 weeks Fall 2012, CRN # Course Location: Online for on campus tests-jbw Building room 219 Course Semester Credit Hours: 3 Lecture / 0 Lab / 3 Credit Course Contact Hours: 48 Course Length: 8 weeks Type of Instruction: DE Instructor Information: Ezat Moradi ezat.moradi@hccs.edu Office: 1301 Alabama room 101 J Phone # Fax # COURSE DESCRIPTION A course in regulatory requirements legal issues that impact the hospitality industry. Topics include Occupational Safety and Health Administration (OSHA), labor regulations, tax laws, tip reporting, franchise regulations, and product liability laws. COURSE PREREQUESITE(s) None COURSE STUDENT LEARNING OUTCOMES (SLO) LEARNING OBJECTIVES 1. Explain how laws apply to hospitality operators and operations, and why you need to know these laws. 2. List and describe the federal agencies regulating the sale of food and beverages, and employment practices and safety. 3. Identify federal laws that act as models for state laws. 4. Discuss state and local regulations, including: alcohol sales; sanitation; criminal trespass and disorderly conduct; blue law; truth-in-menu regulations; kosher food; smoking regulations; zoning law; and building and safety codes. 5. Describe the roots of customer admission policies. 6. Explain modern admission policies with regards to house rules and civil rights. 7. Discuss civil rights legislation, including federal and state laws; penalties for unlawful discrimination; and exemptions to the Civil Rights Act. 8. Recognize what constitutes customer and employee discrimination. 9. Explain, compare, and contrast three theories of food liability: negligence, breach of warranty, and strict liability. 10. Describe how plaintiffs must prove fault or personal harm under the negligence theory of liability.

2 11. Describe the relationship among the Uniform Commercial Code, the concept of implied warranty, and the breach of warranty theory of liability. 12. Describe low courts view the foreign and natural test. 13. Discuss how the strict liability theory of liability is advantageous to plaintiffs who use it. 14. Compare and contrast the various defenses against food liability claims: privacy of contrast, proximate cause, assumption of risk, and contributory negligence. 15. Describe the common law and statutory liability of food and beverage operators for sale of alcohol. 16. Discuss state Dramshop acts and how they view operators and server liability. 17. Define the term tort. 18. Compare and contrast three forms of liability for patron safety and property: intentional tort, negligence and strict liability. 19. Describe how courts have interpreted commercial operators responsibility and for providing safe premises to patrons. 20. Explain operator s responsibility for third-party actions, employee misconduct, and inaction. 21. Discuss the defense against claims of liability for injuries and loss of damage to property. 22. List the factors involved in purchasing insurance coverage for public liability. 23. List the steps towards preventing claims of liability for injuries and loss of or damage to property. 24. Compare and contrast hotel operator s liability for guest safety and food service operators liability for patron safety and property. 25. Describe theft of service by patron, including credit theft, bad checks, counterfeit money, and misuse of foreign currency, shortchanging, and walkouts. 26. Discuss how operators can prevent and respond to malicious mischief by patron. 27. List steps toward preparing for and responding to various third-party crimes: trespass, burglary, robbery, riots, terrorism, and hostage situations. 28. Discuss how operators can prepare for, prevent, and respond to theft by employees. 29. Categorize major federal civil rights laws: Equal Pay Act, Civil Rights Act, Age Discrimination Act, Vocational Rehabilitation Act, and Americans with Disabilities Act. 30. Describe the relationship between federal and state employment law. 31. Discuss responsibilities of employees regarding hiring of aliens. 32. Explain U. S. child labor laws and their impact on the hospitality industry. 33. Discuss legal aspects of screening, testing, and supervising employees, including issues surrounding polygraph tests, visual surveillance, metal detectors, and inspection of work areas, sexual harassment, and termination. 34. Give an overview of legal and illegal practices by both employers and employees with regard to union activities. 35. Describe how employers should administer wages and benefits, keep administrative records, and declare wages and benefits for tax purpose, in order to abide by income tax laws. 36. Categorize typical food service contracts.

3 37. Classify contracts according to how they are stated, which party must perform, how they are formed, and the extent to which they are legally binding. 38. Analyze the essential elements of a contract: agreement; consideration of the capacity of contracting parties; legality; and genuineness of asset. 39. Describe sales contracting, how the transfer of ownership occurs, and the risk of loss or damage under contract of sale. 40. Examine the special rules for sale on approval and sales or returns. 41. Compare and contrast service contracts, function contracts, and letters for intent, reservation contracts, and management contracts. 42. Discuss the performance obligation of parties and contracts. 43. Analyze the differences between written and oral contracts. 44. Explain how a breach of contract affects purchase orders, contracts of sale, service contracts, function contracts, and reservation contracts. 45. Manage negotiation and use contract guidelines for successful business deals. 46. Analyze the rights and responsibilities of hospitality operators with respect and property. 47. Discuss the different kinds of property; how to obtain ownership of property; protection of intangible property; buying property from non-owners; and buying equipment, fixture, and inventory. 48. Explain how real estate is different from other property, and compare land ownership with leasing. 49. Describe how to acquire real estate, including contracts of sale; subsurface and air rights; financing mortgages and leases; and using real estate agents. 50. Manage a bulk purchase of another business s assets. 51. Examine the zoning laws regulating land use for your operation. 52. Compare and contrast three forms of business organization: sole proprietorship, partnership, and corporation. 53. Describe the rights, duties, and liabilities of sole proprietorship, and categorize sole proprietorship as a form of business organization. 54. Describe the rights, duties, and liabilities of partners, and categorize partnership as a form of a business organization. 55. Explain the function of a limited partnership and joint venture. 56. Describe the rights, duties, and liabilities of a corporation, and categorize corporations as a form of business organization. 57. Define closely held corporation and subchapter S corporation. 58. Explain tax considerations for sole proprietorship, partnership, and corporations. 59. Describe characteristics of not-for-profit and profit organizations. 60. List several advantages and disadvantages of franchising. 61. Discuss the rights and duties of both the franchiser and franchisee in a franchise agreement. 62. Discuss the impact of antitrust laws on franchise agreements. 63. Discuss some of the reasons that some organizations can benefit from declaring bankruptcy. 64. Compare and contrast straight forms of bankruptcy. 65. List debtor rights and responsibilities and prohibited practices of straight bankruptcy. 66. Explain the use of judicial review.

4 67. Compare the two U. S. court systems: state and federal. 68. Explain how jurisdiction imposes limits on cases and courts. 69. Evaluate going to court, and explain the use of small claims courts. 70. Analyze how out-of-court settlement occurs, and compare three settlement methods: compromise, arbitration, and mediation. 71. Use advertising, referral lists, personal references, appointments and interviews to choose the most appropriate lawyer to fit a particular need. 72. Discuss the commons ways that lawyers are paid by clients by the hour, per diem, contingent fee, and retainer agreement. 73. Describe some of the considerations important in developing an effective working relationship with a lawyer. 74. Discuss ethical issues, such as conflict of interest and attorney-client privilege, involved with working with lawyers. SCANS or CORE CURRICULUM STATEMENT 1. Basic Skills Reading In this course, student will be able to finish their chapter reading assignment on time and by being prepared for analyzing legal situations assignments. 2. Thinking Skills-decision making- In this course, student is given ten different short hospitality legal cases, he/ she will analyze the scenarios and submit his/her answers by the due dates during the semester. COURSE CALENDAR: Week one chapter 1, 2, cases 1 and 2 Week two chapter 3, 4, cases 3 and 4 Week three chapter 5, 6, cases 5 and 6 YOUR ANSWERS FOR THE CASE STUDIES ARE DUE AT 12:00 MIDNIGHT, BEFOR THE DAY YOU TAKE YOUR MIDTERM. Week four chapter 7 and MIDTERM on Tuesday November 13 chapters 1,2,3,4,5,6,7 at 3:00 P.M - 4:00 P.M. in room 219, JBW building at Central College Week five chapter 8, 9, cases 8 and 9 Week six chapter 10, 11, case 10 Week seven chapter 12, 13 YOUR ANSWERS FOR THE CASE STUDIES ARE DUE AT 12:00 MIDNGHT, BEFORE THA DAY YOU TAKE YOUR FINAL EXAM. Week eight FINAL EXAM ON Tuesday December 11 chapters 8,9,10,11,12,13,14 at 3:00 P.M-4:00 P.M. in room 219, JBW building at Central College and the due date for cases. NO ANSWER FOR THE CASES WILL BE ACCEPTED AFTER THIS DUE DATE.

5 INSTRUCTIONAL METHODS Electronic, online discussion and case analysis STUDENT ASSIGNMENTS Students will use legal concepts and analyze ten different hospitality scenarios and submit their answers by the due dates during the semester. STUDENT ASSESSMENT(s) Students will take two tests of multiple choice and true false questions. Each test will consist of 50 questions. Given ten different short hospitality legal cases they will also analyze these legal scenarios and submit their answers by due dates during the semester. INSTRUCTIONAL MATERIALS Textbook information: Hospitality Law Managing Legal Issues in the Hospitality Industry by Stephen Barth, J.D.4th Edition published by Wiley. HCC POLICY STATEMENT ADA Students who require reasonable accommodations for disabilities are encouraged to report to room106 ability services at Central College science hub building, or call (713) to make necessary arrangements. Faculty is only authorized to provide accommodations requested by the ability Support Services Office. The Distance Education Student Handbook contains policies and procedures unique to the DE students. Students should have reviewed the handbook as a part of mandatory orientation. It is the student s responsibility to be familiar with the handbook s content. The handbook contains valuable information, answers and resources, such as DE contacts, policies and procedures ( how to drop, attendance requirements, etc. ), student services ( ADA, financial aid, degree planning, etc. ), course information, testing procedures, technical support, and academic calendar. Refer to the DE student handbook by visiting this link: HCC POLICY STATEMENT - Academic Honesty Students are responsible for conducting themselves with honor and integrity in fulfilling course requirements. HCC POLICY STATEMENT - Student attendance, 3-peaters, withdrawal deadline I. Withdrawal: It is the responsibility of the student to officially drop or withdraw from a failure to officially withdraw may result in student receiving a grade of F in the course. A student may officially withdraw in any of the following ways:

6 a. Complete an official withdrawal form at the campus he or she is attending or any other HCCS campus. b. Send a letter requesting withdrawal to: Registrar Houston Community College System P.O. Box Houston, TX Course requirement and Grading Policy: a. This is an online course students will read the weekly assigned chapters, analyze given scenarios and submit their answers by the due dates during the semester. b. Testing: Student s performance for stated course objectives will be evaluated through multiple-choice and true false questions. Also given ten different short hospitality legal cases, students will analyze the scenarios and submit their answers by due dates during the semester. Final Evaluation Criteria Reports on analyzing hospitality legal scenarios 34% Test I ( Midterm exam ) 33% Test II ( Final exam ) 33% c. Grades: MAKE-UP POLICY: = A = B = C = D 59 or below =F Only under special circumstances, which students could not control, and with the instructor s approval, a make-up exam will be given. INSTRUCTOR REQUIREMENTS Lab requirement: None