Category Archives: Guest Issues

by | February 6, 2013 · 4:21 pm

The “11th Annual Hospitality Law Conference” Welcomes Inaugural “Hotel Owner Management Summit” On Feb 11-13 In Houston, TX

2013 Hospitality Law conf-page-001

The 11th Annual Hospitality Law Conference, located at the Omni Houston Hotel, is the leading conference dedicated to hotel and restaurant legal, safety, and security issues. Since its inception, the conference has dramatically expanded in scope, uniting hundreds of industry executives and other thought leaders around the most pressing issues in the hospitality field. These exciting and educational sessions are crafted to bring attendees up to speed and anticipate future challenges.

2013 Hospitality Law Conference Brochure

Click on “Hospitality” to view Conference Brochure

This year, we are pleased to announce the inaugural Hotel Owner Management Summit (HOMS) that will be co-located at the Hospitality Law Conference (HLC) on February 11, 2013. The HOMS features three tracks that include the New Hotel Development, Management Agreements, and Hotel Investments Boot Camp. With new hotel development on the rise again, this is a great opportunity for owners, brokers, developers, management companies, lenders, receivers, asset managers, and attorneys to converge and discuss the latest trends and best practices. Lawyers learn about the financial aspects of deals and the financial experts have a better understanding of the legal and compliance aspects.

The Conference provides intensive education and exceptional networking among legal, development, risk, finance, HR and operations. (CLE, CPE, HRCI and AH&LA EI credits are available for attendees.)

Conference Schedule-at-a-Glance

February 11th Pre-Conference Workshops

  • The Convergence of Risk Management, Legal Compliance, and Loss Prevention
  • Restaurant and Hotel Corporate Counsel

February 11th Hotel Owner-Management Summit New Hotel Development

  • Management Agreements
  • Hotel Investments Boot Camp

February 12th-13th Hospitality Law Conference General Sessions

  • Lodging
  • Human Resources & Labor Relations
  • Food & Beverage

Register today to attend the conference! Further conference information can be found at http://www.hospitalitylawconference.com/. Please contact Janet Le at janet@hospitalitylawyer.com or call us at 713-963-8800 for additional inquires.

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by | February 3, 2013 · 7:24 am

Hospitality Industry Security Risks: Hotels Should Employ “Motherboard Fix” To Make Electronic Door Locks Secure From Hacking And Break-In

“It’s the older Onity locks that are subject to hacking,” Seiders said. “With the old locks, which were the best at the time, the encryption code that authorizes the lock to open has been installed on all of those individual Onity Electronic Locklocks. The hacking device, when it’s plugged into the lock, fools the lock into thinking it’s an authorized programmer. The newer locks don’t have the encryption code in each one; the code is issued at the front desk.”

Following a robbery at a Houston hotel in which thieves exploited security flaws in Onity locks first revealed at the Black Hat conference in July, Hotel Management spoke with Todd Seiders, director of risk management at Petra Risk Solutions and former director of loss prevention at Marriott, for tips on how hoteliers can keep their rooms secure.

“[Onity] immediately started offering the caps and screens to block the port that causes the vulnerability, but I don’t think that’s a very valuable option, because if you block these terminal ports and you have an emergency in the room and the lock has failed, you have to be able to plug in the portable programmer or you’ll have liability issues,” Seiders said. “The thing to take advantage of now is the motherboard switch out. If you mail it in within a reasonable amount of time they’ll replace it for free. The motherboard fix, that’s what these hotels should be doing.”

While Seiders noted that the recession has meant less money available for full-time security staff and new equipment like cameras, he emphasized the importance of staff training in hotel security. “My advice is to go walk the halls and if you see a person standing in the hallway go and look at him for 60 seconds. He’ll either go to a room, or, if not, approach him and say ‘what’s up,’ find out if you can help him. Customer service is the best security.”

Seiders also pointed out that the newer models are not as vulnerable to hacking.

In a statement from Onity, the company said, “Over the next several weeks, we will ensure all hotel properties in our database receive the mechanical solution. These mechanical caps and security screws block physical access to the lock ports that hackers use to illegally break into hotel rooms. The mechanical solution remains free of charge to customers. Technical solutions vary depending on the age, model and deployment of locks at properties.”

For more: http://www.hotelmanagement.net/operations-management/keep-your-rooms-secure-from-door-lock-hackers

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by | February 2, 2013 · 7:50 am

Hospitality Industry Property Risks: California Hotel Fire Caused By “Guest Throwing Towel Over Candle”; $30,000 In Structural And Smoke Damage

“… a man staying in the second floor room, a worker in town on business regarding the Chevron refinery HOTEL FIREshutdown, reportedly threw the towel over a lit candle in his room before he left just after 5 a.m., in attempts to put it out…hotel employees discovered the fire about five minutes later, and tried to put it out with a fire extinguisher…”

Fire crews knocked down a two-alarm fire at the Courtyard Marriott early Friday morning after a hotel occupant tried to put out a candle by throwing a towel over it, officials said.

Firefighters arrived at the hotel at 3150 Garrity Way at 5:11 a.m., to find the room had gone up in flames, billowing smoke throughout the hotel. The fire was knocked down within 10 minutes, but not before causing $30,000 in damage, Turner said.

All hotel occupants were evacuated from their rooms, Turner said. Nobody was injured, but some hotel guests were disturbed by the morning’s events.

“The Marriott did a good job of getting everyone out, giving everyone breakfast and making sure all of the guests were safe,” Turner said. “Most people were very happy.”

Fire crews were able to keep the damage to the one room, and the rest of guests were able to return to their rooms early Friday morning,

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by | January 31, 2013 · 7:43 am

Hospitality Industry Safety Risks: California Hotel Explosion And Fire Caused By “Illicit Drug-Making Operation” In Guest Room; Walls “Blown Out” And Property Evacuated

“…all guests were evacuated and it took firefighters about 35 minutes to fully contain the flames which had reached into the third story and the attic of the hotel…Because of the drug-making substances that had caused Hotel Explosionthe hotel explosion, a hazardous-materials crew and the U.S. Drug Enforcement Administration were called in to investigate the illegal drug-making operation…”

An apparent drug-making operation in a hotel room caused a hotel explosion in San Diego on Wednesday shortly after 11 a.m. The explosion which happened in one of the hotel rooms blew out several windows and three walls, reported San Diego’s 10News on Jan. 30, 2013.

“An explosion apparently caused by an illicit drug-making process blew out walls and windows at a Midway-area hotel Wednesday and set part of it ablaze, leaving a young man gravely burned and two other people less severely hurt, authorities reported.”

The hotel explosion occurred in a hotel guest room on the second floor at the three-story Heritage Inn on Channel Way, just south of San Diego’s Interstate 8.

The man who was gravely injured during the hotel explosion had apparently lit a cigarette while using a butane spray can to try to extract hashish oil from marijuana. The flame from his lighter ignited the chemical fumes and caused them to detonate powerfully. The man who is in his early 20s suffered life-threatening burns.

Hash oil is made by packing finely ground stems and leaves of marijuana plants in a pipe and pouring butane through it. The liquid typically is then cooked on a stove to separate the butane. Hash oil averages about 15 percent THC, the chief intoxicant in marijuana. A drop or two is about as potent as a marijuana cigarette.

For more:  http://www.examiner.com/article/illegal-drug-making-hotel-room-causes-hotel-explosion-san-diego

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by | January 29, 2013 · 7:21 am

Hospitality Industry Safety Risks: Texas Hotel Guest Files “Negligence Lawsuit” After Marble Tile In Elevator Falls On Child Causing “Serious Injuries”

“…as (plaintiff)  stepped off the hotel elevator, a large marble tile fell from a wall and onto the child’s head, Hospitality Industry Lawsuitchest and leg.  His bodily injuries were serious, permanent and disabling…”

An Oklahoma woman claims her son was injured at a Galveston hotel and is seeking damages in a suit against the owner. Shawna Martin filed a lawsuit against Neel Shah Hospitality Inc. on Jan. 25 in Galveston County District Court.

According to the suit, Martin and her 8-year-old son were on vacation in Galveston on Jan. 14, 2007, and the boy was injured at the at the Comfort Inn & Suites in the 6300 block of Seawall Boulevard.

“Allowing a loose tile which was inadequately secured to the wall….. posed an unreasonable risk of harm and the defendant had constructive knowledge of that risk,” the original petition says.

The defendant is blamed for:

  • Failing to properly and adequately secure the mirror to the wall;
  • Failing to perform an adequate inspection to determine whether there was a hazard present;
  • Failing to repair said mirror; and
  • Failing to warn.

For more:  http://setexasrecord.com/news/281053-woman-sues-galveston-hotel-after-marble-tile-strikes-son

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by | January 28, 2013 · 10:29 am

Hospitality Industry Health Risks: Studies Show Restaurants Use Cheaper Fish And Mislabel As Red Snapper And White Tuna; Cheaper Fish Substitutes Are Higher Risks For Food Poisoning

In addition to permitting aquaculture operations to use drugs that are banned by other countries, and permits the sale of species that other countries don’t, the U.S. only minimally oversees imports. A Johns Hopkins study FDA food inspectionsshows that the U.S. inspects a miniscule 2 percent of the seafood that comes into the country. By comparison, Japan inspects 18 percent and the European Union inspects 50 percent.

If you’re a fish eater and you keep an eye on the news, you already know that the “red snapper” special at your local restaurant is probably mislabeled. For years, restaurants have been substituting cheaper, more common species like tilapia for the famed red snapper. Last year, however, DNA analyses showed that the problem is more widespread than anyone suspected: In Los Angeles, New York, New Jersey and Connecticut, studies showed that 100 percent of restaurants were serving cheaper fish and mislabeling them as red snapper. Similarly, white tuna, yellowtail, Dover sole and wild-caught salmon were also often substituted for other species.

Most of the time, price gouging is the only harm that comes from such mislabeling. Sometimes, however, the danger might be a bit higher. Recently, the U.S. Pharmacopeial Convention noted that much of the alleged “white tuna” served in sushi restaurants may actually be escolar, also known as “snake mackerel.” A cheap fish that may cause severe food poisoning with, shall we say, explosive results, escolar is banned in some countries.

For more:  http://www.dailyfinance.com/2013/01/26/fish-food-poisoning-seafood/

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by | January 27, 2013 · 9:59 am

Hospitality Industry Legal Risks: “Severe Food Allergies” Now Classified As A Disability Under ADA Law

“…the agreement says that food allergies may constitute a disability under the Americans With Disabilities Act, if they are severe enough. The definition was made possible under 2009 amendments to the disability law Americans wih disabilities actthat allowed for episodic impairments that substantially limit activity…restaurants who post their ingredients can help those with allergies decide whether they even want to buy the food…”

The new law that now classifies severe food allergy as a disability applies to those severely allergic to gluten, peanuts, shell fish, corn, wheat, and other food allergens. What it translates to is of interest to hospitals, colleges, and other institutions to offer food and put labels on those buffet bars letting people with severe food allergies know what’s in the food. The settlement relates to the disability law. Severe, not mild food allergies can be considered a disability under the law.

A public restaurant also could be liable for a lawsuit by a customer if the business ignored a customer’s request for certain foods. But if the customer had the courage to eat there, even out of spite, and that person became ill knowing the restaurant brushed off the one customer’s request for serving food to which the customer isn’t allergic, or food not containing the ingredient responsible for the severe allergy, that case might be harder to argue because the restaurant might say the customer became sick from food eaten elsewhere.

The restaurant would have to know the customer well enough to have served food for that particular customer enough times that the cooks and food handlers or servers would know the allergy requests of that particular customer. The problem with this argument is that turnover in restaurant employees would throw the customer a curve ball so to speak, since new food handlers or cooks wouldn’t know the customer by face or name unless they were told and remembered or saw where the lists of familiar customers with allergies were posted.

For more:  http://www.examiner.com/article/federal-disabilities-law-may-help-people-with-severe-food-allergies

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by | January 22, 2013 · 8:17 am

Hospitality Industry Business Risks: Texas Hotel Loses Reservations After Gas Line Damaged By Woman In Stolen Vehicle; Thousands Of Dollars Lost As Property Was A “Crime Scene”

“…the gas company had to shut the gas off and hotel hot water boilers run on gas…(hotel) was without hot water for almost 12 hours and as a result lost 26 reservations…the woman who ran over the gas main will have business interruption insuranceto pay (hotel) back in restitution fees that could be assessed to her in court but that doesn’t mean it’s feasible…”

An Amarillo hotel is out thousands of dollars after it’s forced to shut off it’s gas while police investigate a crime scene on the property. Saturday, the Holiday Inn near I-40 and Ross had to shut off its gas after its gas main was run over by a woman who stole a van.

Normally, a business might turn to its insurance company for damages like these, but not in this case.

“According to our insurance company there was no liability for them because of the fact that it was a crime scene,” added Muse. “It if had been a gas company issue, a faulty main or something, then it would’ve been something we could go to out insurance company for.

“Most of the time, in order to collect stuff, they’ve got to be have the ability to pay for it. With fines, court costs, all of that, restitution, it’s a matter of do they have the ability to pay. So, assessing and collecting are two different things.”

Even if the defendant is able to pay, if they serve any time, probation or parole, it could be years before the person they owe sees any of that money.

“So, even if it’s assessed and could be collected, they could pay, it could be a long time before they actually pay it?” NewsChannel Ten asked Sims. “Correct,” he answered. “And, like I said, probation is like an interest free loan.”

“It looks like we’re just going to be eating the loss,” said Muse.

Muse says he’s fortunate his hotel is older and more established, otherwise this blow to the business’ wallet would’ve hurt them a lot worse.

For more:  http://www.newschannel10.com/story/20609001/crime-scene-investigation-costs-amarillo-hotel

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by | January 20, 2013 · 8:52 am

Hospitality Industry Employment Risks: Hotels And Restaurants Providing “Paid Sick Leave” Benefits Reduce Employee Illnesses, Work-Related Injuries And Turnover According To Latest Studies

“…it (is) better for an employee to call in sick, take care of their illness and not contaminate the other staff. The number of employees struggling to work while sick was drastically reduced. The H1N1 virus in 2009 Paid Sick Leave In Hospitality Industrydemonstrated the value of keeping sick employees out of the workplace…And best of all, according to the Centers for Disease Control, workers with paid sick leave are 28 percent less likely to suffer work-related injuries. People in construction, restaurants or hospitals who do physically demanding jobs are more likely to injure themselves (or someone else) if they are working while sick, weak and fatigued…”

The Bureau of Labor Statistics tells us that 39 percent of people employed in private industry do not have paid sick leave as a benefit.

And 81 percent of service workers earning $10.50 or less have no paid sick leave. These are the people behind the cash register, serving you food in a restaurant, cleaning offices and hotel rooms and handing you your ticket when you go out to see a movie.

The information comes from studies conducted by the Centers for Disease Control, the Bureau of Labor Statistics and the Women’s Institute of Policy Research study of San Francisco’s paid sick leave ordinance. Before San Francisco enacted its ordinance in 2007, the restaurants and mom-and-pop businesses fought hard to prevent it. They predicted the cost of paid sick days would put them out of business. In 2011 a detailed study was done and employers are happy their fears were not realized. There was no discernible increase in payroll costs.

Turnover decreased because employees didn’t need to change jobs to get paid sick leave. The city ordinance requiring paid sick leave leveled the field for all employers, and good employees stayed in place longer.

For more:  http://union-bulletin.com/news/2013/jan/19/sick-pay-benefits-employers-bottom-lines/

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by | January 18, 2013 · 8:53 am

Hospitality Industry Crime Risks: Arkansas Hotel General Manager Arrested For “Promoting Prostitution At Property”; Rented Rooms Hourly To Accommodate Sex For Money

“…a serious crime because it’s such a spider web into other facets, robberies stem from this, assaults, rapes…Police say the activity not only violates state statutes regarding prostitution but violates the city’s Hotel Prostitution ringssexually oriented business ordinances…”

The general manager and employee of a Fort Smith hotel were arrested Tuesday (Jan. 15) for promoting prostitution in the business, according to police. A six-month investigation revealed general manager John Lee Rohlin, 42, and his employee Jonathan Richard Bean, 28, regularly rented rooms at the Season’s Inn on south Waldron to individuals by the hour to accommodate men and women engaging in sex for money, a police report states.

The arrests stunned guests Thursday afternoon. “It will be scary because it’s something illegal you know,” said Monsour Alhussain, a hotel guest. A confidential informant tipped off the police about the prostitution in June, according to police.

Both men were booked into the Sebastian County Detention Center and released on $1,500 bonds.

For more:  http://5newsonline.com/2013/01/17/hotel-employees-arrested-on-promoting-prostitution-charge/

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