| 6. |
COURSE OBJECTIVES: |
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By the end of the course, students will |
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(A) |
Explain how laws apply to hospitality operators and operations, and why you need to know these laws. |
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(B) |
Describe the kinds of foodservice and hotel establishments the law governs. |
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(C) |
Outline the rights and responsibilities the law creates to protect both operators and customers. |
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(D) |
List and describe the federal agencies regulating the sale of food and beverages, employment practices, and safety. |
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(E) |
Identify federal laws that act as models for state laws. |
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(F) |
Discuss state and local regulations, including alcohol sales, sanitation, criminal trespass, disorderly conduct, blue laws, truth-in-menu regulations, kosher food, smoking regulations, zoning laws, and building and safety codes. |
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(G) |
Outline the rights of operators to admit or refuse guests or patrons and their duties to avoid unlawful discrimination against guests and patrons. |
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(H) |
Discuss the scope and effect of civil rights laws as related to operator admission policies. |
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(I) |
Define house rule and provide guidelines for formulating such a rule. |
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(J) |
Define areas of liability created by sales of foods and beverages. |
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(K) |
Explain the role of consumer laws and the Uniform Commercial Code in development of food liability law. |
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(L) |
Contrast the theories for food liability claims. |
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(M) |
Discuss liabilities to patrons and third parties created by alcohol service. |
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(N) |
Discuss the various defenses to liability claims for the service of foods and beverages. |
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(O) |
Identify management action to avoid liability. |
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(P) |
Explain potential operator liability caused by unsafe conditions that lead to patron injury, or to loss or damage to property. |
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(Q) |
Outline the duty of operators to maintain safe premises. |
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(R) |
Discuss the defenses against liability claims for injury to patrons or their property. |
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(S) |
Explain the unique aspects of innkeeper liability caused by unsafe conditions that lead to guest injury, or loss or damage to guest property. |
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(T) |
Explain the different rules governing liability caused by unsafe physical premises and inadequate security causing injuries to guests by other guests, hotel employees, and third parties. |
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(U) |
Discuss the unique statutory limitations of liability that shield innkeepers from excessive guest property loss or damage claims. |
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(V) |
Describe various crimes against foodservice operators committed by invitees (guests and patrons), trespassers, and employees. |
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(W) |
Outline procedures to prevent crimes and measures to deal with wrongdoers. |
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(X) |
Explain the legal rights and duties of employers and employees with regard to civil rights laws, wage and hour laws, employee screening and surveillance, safety requirements, and union-management relations. |
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(Y) |
Discuss insurance options and requirements. |
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(Z) |
Explain requirements of the Occupational Safety and Health Administration. (OSHA) |
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(AA) |
Outline employer obligations, re employee wages, taxation, and tax credits. |
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(BB) |
Define the elements of a contract |
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(CC) |
Discuss various foodservice and hotel contracts within the framework of contract requirements. |
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(DD) |
Outline tests for legality, validity, and enforceability of contracts and the remedies available when one party fails to perform. |
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(EE) |
Define various kinds of property and the legal rights and responsibilities created by each. |
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(FF) |
Explain how property is acquired and transferred. |
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(GG) |
Outline types of zoning restrictions that may be imposed by local governments. |
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(HH) |
Discuss contracting and working with real estate agents to buy property. |
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(II) |
Discuss various ways of financing a purchase of property. |
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(JJ) |
Describe the basic forms of business organization in the hospitality industry. |
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(KK) |
Compare and contrast the various forms of business organizations within the following framework: |
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1. |
supervision and control of business; |
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2. |
responsibility for business financing; |
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3. |
liability for business obligations; |
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4. |
duration of business; and |
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5. |
taxation of business income. |
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(LL) |
Outline the legal aspects of purchase, sale, and termination of each form. |
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(MM) |
Define franchise and explain its legal significance. |
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(NN) |
Examine the rights and duties of franchisers and franchisees to each other and to third parties. |
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(OO) |
Discuss the advantages and disadvantages of foodservice franchising. |
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(PP) |
Examine antitrust laws relevant to franchising. |
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(QQ) |
Explain the purposes of bankruptcy. |
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(RR) |
Compare and contrast the different types of bankruptcy. |
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(SS) |
Explain who may file for bankruptcy, rights and responsibilities of the parties involved, procedures, tests used to determine bankruptcy status, and what debts are most affected by bankruptcy discharge. |
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(TT) |
Use advertising, referral lists, personal references, appointments, and interviews to choose the most appropriate lawyer to fit your needs. |
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(UU) |
Discuss the common ways lawyers are paid by clients; by the hour, by the day (per diem), by contingent fee or by retainer agreement. |
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(VV) |
Describe some of the considerations important in developing an effective working relationship with a lawyer. |
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(WW) |
Discuss ethical issues, such as conflict of interest and attorney-client privilege, involved in working with lawyers. |
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(XX) |
Explain the use of judicial review. |
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(YY) |
Compare the two major U.S. court systems. |
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(ZZ) |
Explain how jurisdiction imposes limits on cases and courts. |
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(AAA) |
Evaluate going to court, and explain the use of small claims court. |
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(BBB) |
Analyze how out-of-court settlement occurs, and compare three settlements methods: compromise, arbitration, and mediation. |