Hospitality laws relate to food service, travel, and lodging industries. It governs the various nuances of the hotel, restaurant, bar, spa, country club, meeting, and convention industries, among others. Much like entertainment law, homeowners association law, and other specialty fields, hospitality law is much more a description of the types of clients who seek out the attorneys who focus their practices in these areas rather than an actual set of laws.
Hospitality law commonly encompasses a wide array of laws including contracts, anti-trust, torts, real estate, and many others. Recent spurts of food poisoning cases and increasing awareness of food illnesses have brought hospitality laws front and center in the public conscience. Similarly, terrorist attacks against hotels abroad have also demonstrated the importance of hospitality law even in international affairs, especially as they pertain to protecting guests from harm.
While hospitality law covers many different types of businesses, hotels and restaurants are the two most common hospitality law clients. American hotel operators have a number of legal duties to their guests. They are expected to protect guests' safety and avoid negligence.
Hotels must also protect the confidentiality of their guests' identifying information. They must hire, manage, and fire employers just like any other business, and they must prepare and execute a seemingly endless stream of contracts.
Moreover, hotels must also obligated to protect their guests from criminal harms, like theft of belongings left in the rooms or other harms, possibly even terrorist attacks.
Restaurants, on the other hand, have a duty to sell food that is suitable for human consumption. Many states have enacted "Truth in Menu" laws governing descriptions of food items on menus to allow customers to make healthier choices and to ensure that the customer receives exactly what they ordered for example, 10 chicken wings will be 10 wings, not 9.
The federal government also has a plethora of food regulations that restaurants must abide by, such as warnings regarding trans fats. Restaurants must also protect customers against slips and falls, food poisoning, and other personal injuries.
Both industries also commonly deal with anti-trust issues, franchise agreements, supply chain and other commercial transactions, labor disputes, and a variety of other legal issues. The resources below will provide additional information regarding this area of the law, and you can find attorneys who focus their practice in this area under the "Law Firms" tab on the menu bar, above.
Hospitality law has evolved as a specialty within the legal profession in the last several decades.
It is also offered as a course on the undergraduate and graduate levels as well as in some law schools.September 13, You asked us to review a draft of a model statute on Innkeeper Rights and compare it to laws in other states. The model statute has four substantive sections.
The first section gives innkeepers the right to refuse or deny accommodations under five different circumstances. It shields these innkeepers from liability or any fine or penalty.
Consistent with existing law in Connecticut, it prohibits innkeepers from discriminating against guests based on race, color, religious creed, age, sex, marital status, national origin, ancestry, mental illness, mental retardation, learning disability, or physical disability.
Unlike existing Connecticut law, it does not prohibit discrimination based on sexual orientation. The second section authorizes innkeepers to eject guests for any one of 10 different reasons, including nonpayment for accommodations or services, engaging in unlawful acts on the premises, and failing to register as a guest. The third section permits the court to order a guest to pay restitution for damages to a lodging establishment and makes parents responsible for the acts of their minor children.
The last section requires innkeepers to post a copy of the statute in a conspicuous place.
What Age Can a Child Stay Home Alone in California?
We reviewed the law in 17 states on innkeepers ' rights to deny accommodations and the grounds and procedures for removing hotel guests. Most of these laws greatly resemble the draft model statute. For example, most permit hotel owners to deny accommodations for nondiscriminatory reasons and permit them to eject guests without going through the summary process typically required in landlord and tenant relationships.
While the grounds for ejectment vary, there is a fairly consistent core group: nonpayment of rent, disorderly conduct, posing a danger to others, and violation of hotel laws or regulations. And in most of the states the acceptable reasons for denying accommodations mirror the grounds for ejectment. The model statute gives innkeepers the right to refuse or deny accommodations, allows them to eject guests and establishes grounds for ejectment, allows courts to award them restitution for damages to their facility, and requires them to post the state in a conspicuous location.
Right to Deny Accommodations. The statute gives innkeepers the right to refuse or deny accommodations to anyone:.
Innkeepers who refuse accommodations under these conditions are not civilly or criminally liable to any guest or liable for any fine or penalty.
The statute prohibits innkeepers from discriminating against guests based on race, color, religious creed, age, sex, marital status, national origin, ancestry, mental illness, mental retardation, learning disability, or physical disability. Innkeepers may eject a guest for any of the following reasons and keep his room rental payment:.
The model statute allows a court to order guests to pay restitution for any damage they cause, including damages resulting from loss of room rent. Parents and guardians are liable for damages caused by their minor children. We have summarized the law in 17 states on innkeepers ' duty to accommodate and procedure for removing hotel guests. Like the draft model statute, a majority of these states authorize innkeepers to eject or remove guests who 1 refuse or are unable to pay for accommodations or services; 2 are intoxicated or disorderly; 3 the owner reasonably believes are using the premises for an unlawful purpose; 4 the owner reasonably believes brought something into the hotel that may be dangerous to others; 5 violate federal, state, or local hotel laws or regulations; or 6 violate a conspicuously posted hotel rule.
Laws that allow innkeepers to eject for violation of a hotel rule prohibit the rules from discriminating based on race, color, religious creed, age, sex, marital status, national origin, ancestry, mental illness, mental retardation, learning disability, or physical disability.
Table 1 shows a summary of these laws by state. Generally, most of the states reviewed allow an innkeeper to deny accommodations for the same reasons he can eject a hotel guest. Although Table 1 shows these reasons as the same, it is important to note that the standards are different for denying accommodations and ejecting guests based on rent, use of hotel premises, and danger posed by things brought onto the property.
When denying accommodations, the hotel owner must believe a person is unable or unwilling to pay the room rate, plans to use the premises for an unlawful purpose, or plans to bring a potentially dangerous object onto the premises. Before an owner can evict a guest, the guest must refuse to pay for the room or the owner must believe that he used the premises for an unlawful purpose or brought a potentially dangerous object onto the premises.
A hotel owner may eject guests who are intoxicated, profane, lewd, brawling, or otherwise disturbing the peace and comfort of others. The hotel owner must give them oral notice to leave the premises and return the unused portion of any advance payment. Refusal to leave upon request is a misdemeanor. Hotel owners may call any law enforcement officer to remove or eject illegal guests. A hotel owner may evict hotel guests who refuse to depart at checkout time if 1 the owner provided notice of checkout at the time the guests arrived and 2 the room is needed to accommodate an arriving guest.
If a guest refuses leave, the hotel owner may enter the room and take possession of the guest ' s property, re-key the door, and make the room available to new guests.In the United States, age of consent laws regarding sexual activity are made at the state level.
There are several federal statutes related to protecting minors from sexual predators, but laws regarding specific age requirements for sexual consent are left to individual statesDistrict of Columbiaand territories.
Minimum Age Requirement for Renting Hotel Rooms
Depending on the jurisdiction, the legal age of consent is between 16 and In some places, civil and criminal laws within the same state conflict with each other. Different jurisdictions express these definitions differently. Some, like most Australian states, may say the age of consent is 16 except if the older partner is in a position of authority over the younger one.
So, effectively, the unrestricted age of consent there is Others, like Argentina, may say the age of consent is 18, but an exception is made down to 13 years of age, if the older partner is not in a position of authority over the younger one.
The data below reflects what each jurisdiction's legislation actually means, rather than what it states on the surface. While the general ages of consent are now set between 16 and 18 in all U.
Inthe ages of consent were set at 10 or 12 in most states, with the exception of Delaware where it was 7. The final state to raise its age of general consent from under 16 to 16 or higher was Hawaii, which changed it from 14 to 16 in Age-of-consent laws were historically only applied when a female was younger than her male partner. By ages of consent were made gender-symmetric.
In Mississippi became the last state to remove this provision from its code. The laws were designed to prosecute people far older than the victims rather than teenagers close in age; therefore prosecutors rarely pursued teenagers in relationships with other teenagers even though the wordings of the laws made some close-in-age teenage relationships illegal.
After the Landry and Forrest study concluded that men aged 20 and older produced half of the teenage pregnancies of girls between 15 and 17, states began to more stringently enforce age-of-consent laws to combat teenage pregnancy in addition to prevent adults from taking advantage of minors.
A backlash among the public occurred when some teenagers engaging in close-in-age relationships received punishments perceived by the public to be disproportionate,  and thus age-gap provisions were installed to reduce or eliminate penalties if the two parties are close in age. Kercher of the Criminal Justice Center of Sam Houston State University wrote that these laws are often referred to as "Romeo and Juliet laws", though they defined Romeo and Juliet as only referring to an affirmative defense against prosecution.
On June 26,both heterosexual and homosexual sodomy became legal between non-commercial, consenting adults in a private bedroom in all U. Supreme Court decision Lawrence v. Limonthe Kansas Supreme Court used Lawrence as a precedent to overturn the state's "Romeo and Juliet" lawwhich prescribed lesser penalties for heterosexual than homosexual acts of similar age of consent-related offenses.
From onwards states have started to enact Jessica's Law statutes, which provide for lengthy penalties often a mandatory minimum sentence of 25 years in prison and lifetime electronic monitoring for the most aggravated forms of child sexual abuse usually of a child under age Inin Kennedy v.
Louisianathe Supreme Court of the United States ruled that the death penalty for rape of a child was unconstitutional. The act has to be illegal under state or federal law to be charged with a crime under band can even be applied to situations where both parties reside within the same state but use an instant messenger program whose servers are located in another state.
This subsection is ambiguous on its face and seems to apply only when the minor is transported across state or international lines to a place where the conduct is already illegal to begin with. The United States Department of Justice seems to agree with this interpretation.
So, the age is 12 years if one is within 4 years of the toyear-old's age, 16 under all other circumstances. This most likely reflects Congressional intent not to unduly interfere with a state's age-of-consent law, which would have been the case if the age was set to 18 under all circumstances.While there is no official minimum age to rent a hotel room, many hotels and resorts require guests to be a specific age.
This generally leads most hotels to have a minimum check-in age of 18although some may allow younger guests to check in with a signature from a guardian. Some states and cities have laws regarding minimum check-in ages. For example, the village of Schaumburg, Illinois, has an ordinance requiring anyone checking into a hotel by themselves to be at least 21 years of age. This law is intended to prevent hotels from becoming party venues.
While many areas of the country have no such laws, it's prudent to research laws regarding hotels in the area where you wish to travel. Another factor that can lead to an age restriction is the availability of alcohol in the hotel. It's not uncommon for venues that have an open bar or guest room minibar to enforce a minimum age of 21 or even Some hotels with alcohol available lock minibars or keep alcohol-free rooms available for younger guests.
The hotel makes special accommodations for younger individuals during certain times of the year, such as prom. While there are many legal and circumstantial causes for a hotel enforce a minimum age, the hotel also has the right to place conditions on the types of people they serve. Exceptions include those protected under the Civil Rights Act ofor any applicable discrimination law in the state where the hotel resides. Age is not a protecting factor under the Civil Rights Act when it comes to receiving service from establishments not receiving financial assistance, so hotels are well within their legal rights to set age restrictions.
Indulging her passion for vacation vagary through the written word on a full-time basis sincetravel funster Jodi Thornton-O'Connell guides readers to the unexpected, quirky, and awe-inspiring. Video of the Day. California Hotel Age Requirements. Smoke-Friendly Hotels. Share on Facebook. Local Laws Some states and cities have laws regarding minimum check-in ages.
Age Discrimination Cournoyer, Anthony G. Marshall, Karen L. About the Author Indulging her passion for vacation vagary through the written word on a full-time basis sincetravel funster Jodi Thornton-O'Connell guides readers to the unexpected, quirky, and awe-inspiring.Knives laws in the Golden State are not as complicated as they initially seem. California is a big state and there is no state law preemption.
Surprisingly, however, California is relatively relaxed in terms of ownership. Broadly speaking, carrying knives whether open or concealed is legal in California. However, it is illegal to own many knives which are detailed below. It is also important to note that California, unlike many other states, has a very clear and strict definition of switchblades.
While knife owners should always be cognizant of the jurisdiction in which they are carrying, California is more welcome than most. The open and concealed carry of many knives is completely legal. California is an open-carry state. Rather than listing, the knives are that legal to own, it may be easier to list the knives that bear restrictions.
It is illegal to own the following types of knives in California:. It is legal to own a switchblade that is less than two inches or shorter. However, California defines switchblade in great detail stating that a switchblade is:. Knife owners should be cognizant of whether their particular knife fulfills all of the criteria outlined by this definition. The law also notes that all legal fixed blades knives must be worn in plain sight.
Dirks and daggers are exempted from this law. There is no language in the law that prevents openly carrying a sword or similar knife. Any blade that is concealed that is found to be locked in the open position cannot be conceal carried. A nonlocking folding knife, a folding knife that is not prohibited by Sectionor a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position.
California is one of the friendlier states for knife owners. If the blade of the knife is longer than two inches, it is not wise to conceal carry. There are additional rules for Los Angeles County specifically, which outlaw openly carrying a knife with a blade over three inches long.Children mature at different rates and ages. Somewhere around late elementary school, it is likely that your child will ask if she can stay home alone because one or more of her friends are no longer attending day care or using a babysitter.
Or, perhaps you need to run to a medical appointment and wonder if it is OK to leave your child home by herself. Learn the guidelines and recommendations so you can make an informed, safe choice for you and your child. California does not have a law pertaining to the age a child is ready to stay home alone. They trust you to use your judgment as to safety and readiness.
Though you could legally leave a child home alone at any age, it is wise to use discretion and assess your child's level of maturity and development.
California Alcohol Laws
One child could be ready to stay home at age 12, while another needs supervision well into his teen years. Consider whether your child keeps his word and does what he says he will do. When he goes outside with friends, is he good at letting you know where he's going and coming home on time?
Having basic fire safety training is a must, as is an awareness of how to call for help in an emergency. Your child should know his address, phone number, your phone number, and how to get in touch with friends and family.
He should be able to keep himself occupied with constructive activities, know how to fix a basic meal or snack, and not be too easily frightened. Neighborhood safety is another thing to consider, as well as how well you know your neighbors. When in doubt, ask for input from your child's pediatrician, teacher and others who know him well. Ease into allowing your child to stay home alone by trying it out for a half-hour, then an hour, two hours and so on.
This will help calm fears, concerns and built trust between the two of you. Practice what she would do in a variety of emergency situations. Consider installing security cameras that you can monitor from your cellphone for extra peace of mind. The Red Cross offers a babysitting class for to year-old children to prepare them for looking after younger kids. If your child will be responsible for caring for younger siblings, consider enrolling her in this course, where she will earn a certificate and a healthy dose of confidence, as well as a way to earn extra money.
She will learn basic first aid, CPR, emergency plans, as well as how to keep younger children entertained and on-schedule. If your child is not ready to stay home alone, chances are good that several alternatives are available in your community. The Boys and Girls Club offers a variety of after-school programs to keep kids entertained until their parents get off work.
Alternatively, organize a child care co-op with other parents, or enroll your child in the same sports program as a friend, so they can share a ride. She is the founding executive director of Love Powered Life, a nonprofit organization with the mission of creating loving community for trafficking survivors and their families.
She resides in rural North Carolina with her husband, three children and a house full of furry friends. Follow us email facebook twitter pinterest instagram Google Plus youTube rss. By Anne Kinsey. About the Author.California Hotel
More Articles. How to Join the Military. How to Become a Highschool Teacher. How Much to Pay a Babysitter. How to Become a Librarian. How to Become a Pediatrician. How to Become a School Psychologist. Can Kids Go to Dave and Busters? How to Become a Guidance Counselor.In California, there are no hard-and-fast rules about kids' bedrooms.
In fact, across the United States, no federal or state laws dictate how many children can share a room or whether children of opposite sexes can share a room.
In your own home with your biological or adopted children, bedroom-sharing arrangements are entirely up to you and your kids — whenever you consider them old enough to have a say. However, California does regulate sleeping arrangements for foster kids, which you should be aware of if you plan to become a caregiver. A bedroom is widely accepted to be a room created primarily for sleeping. The California Building Code refers to a bedroom as both a sleeping unit and a sleeping accommodation, and further defines this as a room or space in which people sleep.
The room can also include permanent provisions for living, eating and either bathroom or kitchen facilities, but not both. Additionally, the Code provides a series of requirements for bedrooms, which are likely to apply only to new buildings and renovations as many older properties were built before the code was passed. The net floor area must be no less than 70 square feet and the ceiling height must be no less than 7 feet 6 inches.
There must be a heating system capable of maintaining a minimum indoor temperature of 68 degrees Fahrenheit at a level of 3 feet above the floor, and the room must allow natural light equal to a minimum of 8 percent of the floor area of the room.
A closet is not required to qualify a room as a bedroom in California. To prevent overcrowding of rental units, California adopted the Uniform Housing Code's occupancy requirements, which provides that any room used for sleeping must increase the minimum floor area by 50 square feet for each occupant in excess of two, but occupancy restrictions should not be confused with bedroom-sharing restrictions.
A landlord who tries to enforce bedroom-sharing restrictions may be violating California's Fair Employment and Housing Act, which bans discrimination based on familial status. So if you are renting, your landlord has no right to tell you what room your kids can sleep in, provided you're not violating occupancy requirements. As the parent or guardian, it's up to you to make bedroom-sharing decisions.
Detailed requirements apply to bedrooms for children who are placed in foster care, whether they live with a relative or a non-relative caregiver.
The Checklist of Health and Safety Standards for Approval of Family Caregiver Home sets out these requirements, which prohibit more than two children from sharing a bedroom, prohibit sharing a bedroom by children of the opposite sex unless each child is under 5, and prohibit an adult and a child from sharing a bedroom unless the child is an infant. Additionally, no more than two infants and no more than two adults may share the same bedroom. Standards also have to be met in terms of the equipment in the bedroom, for example, each child must have their own bed with clean linens, a pillow, blankets and a mattress in good repair.
Each infant must have a safe, sturdy bassinet or crib that is both age- and size-appropriate. Claire is a qualified lawyer and specialized in family law before becoming a full-time writer. Reviewed by: Michelle Seidel, B. About the Author.