HFT 2600 - HOSPITALITY LAW

SYLLABUS (Revised 2/1/10)

SPRING SEMESTER 2011 

Mondays, 7:00 - 9:40 PM, TL124 (Sem) 3 credit hours

Instructor:   Timothy C. Schuler, Esq.              E-Mail:        schuler.timothy@spcollege.edu

                                                                               Website:       spcschulerlaw.com  

Phone:          (727) 398-0011           Fax: (727) 319-6300

Office:          Off Campus - Law Office of Timothy C. Schuler

9075 Seminole Boulevard, Seminole, Florida 33772

Office Hours: One-half hour after class, upon prior request - Seminole Campus, Room TL 124

One-half hour before class, upon prior request - Seminole Campus, Room TL124

by appointment at the Law Office, Tuesday, Wednesday, Thursday, 8AM - 5 PM

Appointments: Because of the lack of privacy inherent in classroom appointments, and due to my active law practice off-campus, appointments are encouraged. My legal secretaries names are Lori and Nicki, and they will be glad to assist you with scheduling an appointment at my law office or on campus, as applicable. When calling for an appointment, be sure to identify yourself as a Hospitality Law Class Student. Walk-Ins/Walk-Ups are possible, but not preferred.

Books required: Hospitality Law Managing Legal Issues in the Hospitality Industry - Third Edition, by Stephen Barth

Books recommended: A college dictionary.

Other Reference Materials: Internet Access; Florida Statutes, Chapters 83, 440, 441, 509, 542, 561-569, 760, 768.125; (http://www.myflorida.com/dbpr)

Course Description: This course is designed to acquaint students with the legal aspects of the hotel, food and travel industry. We will study the court system and basic legal principles governing the hospitality industry, with specific attention to hospitality business structures, innkeeper-guest relationships and the duty owed to each other; and emerging areas of concern in contracts, torts, civil and property rights law, and insurable risks.

Course Objectives:

1. The student will learn the historical framework and legal aspects of hotel, food and travel operations by:

           a. defining the history of common and civil law, and the emergence of hospitality law.

         b. describing civil rights laws relating to hotel and restaurants and how they affect daily operations.

         c. explaining standard statues, uniform statues, common law and case study as a part of law.

         d. explaining the origins of the innkeeper-guest relationship.

2. The student will learn the legal relationship of the innkeeper-guest by:

           a. defining the innkeeper-guest relationship.

b. listing the conditions that establish the relationship.

c. explaining how to limit the innkeeper-guest relationship.

d. describing how to terminate the innkeeper-guest relationship.

3. The student will learn the legal obligations of a hotel to a guest by:

           a. describing the essential elements of a contract.

           b. listing the penalties for failure to perform contract.

           c. describing the statue of fraud as it relates to the innkeeper-guest.

           d. describing the circumstances when a contract is unenforceable.

4. The student will learn the duties owed guests by:

         a. listing the duties owed guests in room conditions.

b. describing what duties the operators have in public areas.

         c. explaining duties owed guests in outside areas, swimming pools, and specific duties

           to minors.

         d. explaining how security can be a positive condition in hotel "duties".

5. The student will learn the liabilities and rights of restaurateurs and beverage operators by:

a. describing the liability to patrons and others.

b. describing the liability when patrons are injured by other patrons.

           c. listing existing liability limiting statutes.

6. The student will learn the emerging areas of concern for the hospitality industry by:

           a. describing optional business structures.

           b. listing and describing taxes applicable to the hospitality industry.

           c. describing equal employment and sexual harassment.

           d. describing employee and employer rights and obligations.

Journals:

           Students are expected to keep up with current issues in Hospitality Law by keeping a weekly journal of articles from the newspapers, news magazines, trade magazines, internet sites, etc. that are commentaries on or descriptions of events that are meaningful to the subject matter of this course. We will discuss those journal items in class, and the full journal is to be turned in at the end of the semester, and will count towards the student’s grade. There is no requirement that they be typed, only that they be legible, and they do not need student commentary. They may be cut and paste articles from the newspaper or on-line sources, but should be dated weekly. If there is nothing of note for a particular week, that too can be noted in the journal.

Class Policies:

No Food or Drink allowed in the classroom.

Reading and Course Assignments: Assignments will be both in-class and out-of-class. These assignments will include readings from the textbooks and materials that may be supplied in class and/or in the SPC Cyber-Library. It is both expected and required that all assignments be completed in the assigned time so that students are able to participate in lively class discussions. Higher Education is not a spectator sport, and class discussion of topics is a key element in the course.

Attendance: Because classroom discussions are an integral part of this course, students are expected to attend class. Please note the following carefully -- No student should expect a passing grade if they have missed more than two classes in this session, without having offered a plausable explanation to the instructor, at the instructor’s sole discretion, and having demonstrated to the instructor competence in the materials missed. (You will be expected to make up the missed work and pass a special exam). You may also be dropped from the class for excessive absences (4 during a session). It is the student’s responsibility to notify the instructor of absences, and if one week or more, also notify the Associate Provost.

The voluntarv withdrawal date for this session is March 24, 2010. A student withdrawn after the "voluntary withdrawal" date for the session may receive a grade of F. You should note that some institutions interpret Ws, Xs and I’s as an F when calculating grade point averages ( GPA's ). A student may not drop the course or change from credit to audit status after the end of the first week of class. (Friday, January 15^th).

Missed Classes and Assignments: The student, not the instructor, is responsible for any assignment and/or work that is missed or is late due to an absence. Requests for make-up work and/or assignments must be made at the first class meeting after the absence.

Tardiness: We begin class at 7:00 pm sharp! Tardiness is unacceptable in the workplace, and in this course. Entering the class after it begins is disrupting. Four times late to class equals one absence. If you leave class early, it may be counted as tardiness, or an absence depending upon the length of time you did attend the class.

Academic Dishonesty: Rules are outlined in the SPC brochure entitled “Academic Honesty and Behavior: Expectations of Students at SPC". This represents the college policy. As a student you are expected to know the college rules relating to this matter. You should read this brochure.

Exams, Quizzes and Course Presentation: This course contains exams, quizzes and course presentations. These are tools the instructor utilizes to measure learning and understanding of the course material. Such testing may be a mixture of open-book and/or closed book, as determined by the instructor. When a test is "open-book" you may use your textbook and notes. You may not talk to other students during an "open book" quiz. If you finish a quiz or test before the end of the allotted time you may turn in your exam/quiz to the instructor and quietly leave the room until the end of the examination period.

Extra Credit: The instructor may offer extra credit via assignments. Any extra credit assignment will carry a point value as assigned by the instructor and added to your points in the course. All extra credit must be submitted in written form (preferably typed) to gain the points. Extra credit pages must be clearly marked at the top "extra credit".

         Grading Policy: Course letter grades will be determined on the following scale:

                      Grade                                 Grade Points                                           Percentage

                      A                                                    4                                                     90-100

                      B                                                    3                                                     80-89 

                      C                                                    2                                                     70-79

                      D                                                    l                                                      60-69

                      F                                                     0                                                     Below 60

Course Grade: Your course grade is determined on an aggregate of points from the following areas:

                             Area                                                            Points

                                  Case Studies, Journals & Class Participation       30%

                                  Quizzes                                                                 20%  

                                  Mid-Term                                                             25%

                                  Final                                                                      25%

Extra credit will be factored in to adjust the final grade; generally the extra credit cannot contribute more than 25% of the final grade.

Incomplete Grades and Procedure: Regulations have been established by the college. Certain conditions do apply. See college catalog for more detail.

Repeating courses and grade changes: The State of Florida has established regulations regarding repeating a college course for credit. Students may repeat a college course one time without penalty. At the third attempt, the student must pay the full cost of instruction. The college catalog details the costs you will incur. State of Florida policy also states that a student may not repeat a college credit course for which a grade of "C" or higher has been earned, except by appeal to the campus Academic Appeals committee.

Other notes:

Emergency Evacuation Procedure: If you need assistance during an emergency classroom or building evacuation, please speak with your instructor immediately regarding arrangements for your safety.

Students With Disabilities: To obtain special accommodations, students with disabilities must arrange accommodations via the counseling center in the Office of Services for Students with Disabilities. Please make an appointment with Dr. Susan Blanchard at 394-6108.

Use of Photo ID’s: A current SPC ID is required to use computer labs, the Seminole Campus Commons, and in the libraries to use instructors' required materials, technology equipment, and to check out materials.

Internet and the WWW: Students should understand that they might be required to use the Internet related to their classes. The college cannot protect security related to the use of the Internet. Be aware that other Internet users may be able to access materials and sites if access is secured or unsecured. Please read the college catalog, which discusses the Internet and its use by SPC students in detail.

Children on Campus: Other than in an emergency when specifically approved by the provost, employees and students will not bring children to work or class other than for an occasional quick visit, to drop off a paper, pick up material or other similar activities. In no case is a child to be left unattended on the college premises.