Hospitality Law_ Test #4
According to the Consumer Product Safety Act, if you are injured by a product and wish to sue for a "knowing (including willful)" violation of a consumer product safety rule, the alleged damages in your case must exceed:
$10,000
When uniformly spaced standpipe units or hose stations are not provided, OSHA requires that extinguishers for Class A fires be located so that an employee need not travel more than ______ to obtain a Class A unit.
75 feet.
Public health laws often establish cleanliness standards for:
All of these: -Bedding and sheets. -Towels. -Drinking glasses.
In what way do building codes affect hotels?
All of these: -Building codes may regulate the ways in which hotels may operate. -Building codes can contain requirements as to guestroom capacity. -Building codes regulate how a hotel can be built.
If a hotel has a fire brigade, OSHA requires that the hotel:
All of these: -Prepare and maintain a statement or written policy that establishes the brigade, notes the type, amount, and frequency of training for the brigade, determines the number of member, and defines the function of the brigade. -Obtain from each employee in the brigade a physician's certificate of fitness. -Provide training and education for all brigade members, and inform them of any special hazards that they may be exposed to during emergencies.
State local jurisdictions often justify regulation of hotels on the grounds of:
All of these: -Protecting the public interests. -Protecting the public welfare, health, morals, and safety. -Legitimately exercising their police powers.
It is common for state and local governments to pass laws and regulations that:
All of these: -Require hotels to maintain guest registers. -Set sanitation requirements for bed linens and food preparation. -Specify what kinds of safety devices should be found at swimming facilities.
Most states require a hotel to obtain a license to:
All of these: -Sell alcoholic beverages. -Operate the hotel. -Prepare and serve food.
Types of public health regulations that often apply to hotels not served by public water supplies and sewage systems include:
All of these: -Water supply regulations. -Sewage treatment regulations. -Dishwashing regulations.
State and local taxes that hotels may be subject to or may be responsible for collecting include:
All of these: Unincorporated business taxes. -State sales taxes. Local guestroom occupancy taxes.
If held in a hotel that has a master agreement with ASCAP, which of the following events would require a separate license agreement with ASCAP in order to use music performances legally?
All of the these: -A convention or trade show. -A meeting or seminar. -A teleconference.
A franchise tax is a corporation's:
Both of these: -Payment to a state government for the privilege of maintaining and operating a business within the state's boundaries. -Compensation to a state government for the services and benefits it provides (such as police protection, maintenance and use of roads, and so on).
The purpose of the federal antitrust laws is to:
Both of these: -Regulate business conduct to preserve competition. -Prevent "economic coercion."
Which of the following statements is false?
If a hotel posts diagrams and instructions on how to aid a choking victim, the hotel staff is obligated by law to render such aid whenever necessary.
Some public service commissions still prevent hotels from imposing a surcharge on their guests':
Local and intrastate telephone calls.
You are the manager on duty when a hotel janitor is pricked by a discarded hypodermic needle. You take the janitor to the local hospital, where a physician recommends that the janitor receive the hepatitis B vaccine. The janitor refuses the vaccine. What should you do?
Require the janitor to sign an OSHA waiver.
Which of the following are the two basic kinds of implied warranties under the Uniform Commercial Code?
That the goods are "merchantable" and that they are "fit for a particular purpose".
Which of the following statements regarding the FCC is false?
The FCC permits hotels and motels to set their own rates for resale of intrastate telephone service.
How are hotelkeepers compensated for placing pay phones in their hotels?
They are paid a commission by the telephone company.
Employers must keep a record of work-related employee injuries and illnesses:
On an OSHA Log No. 200 form or an equivalent form.
OSHA requires employers to perform a maintenance check on portable fire extinguishers:
Once a year.
According to the Copyright Act of 1976, no person can give a "public performance" of copyrighted music unless he/she:
One or the other: -Falls within the limited exemptions provided in the Copyright Act. -Has permission from the copyright owner or an organization representing the owner.
When can used liquor bottles be sold?
Only "unusual or distinctive" liquor bottles can be sold, and only to collectors.
The Occupational Safety and Health Administration (OSHA) has jurisdiction:
Over any U.S. employer of one or more employees engaged in business "affecting commerce."
The federal Telephone Operator Consumer Service Act requires hotels to post near each telephone:
The name, address, and toll-free number of the provider of the hotel's operator services.
Which of the following statements regarding hotel room occupancy taxes is false?
This type of tax is used when a sales tax is not applicable to hotel room charges.
What is an employer's duty to his/her employees as mandated by the Occupational Safety and Health Act?
To furnish employees a place of employment that is "free from recognized hazards that are causing or are likely to cause death or serious physical harm"
Applying the "rule of reason" standard in an antitrust case means that:
Both of these: -The courts must decide whether you intended to restrain trade unreasonably or whether, regardless of your intent, the activity you engaged in had the effect of unreasonably restraining trade. -Proof that you engaged in the particular activity you are charged with is not in itself proof of a violation of the antitrust laws.
The purpose of the laws on warranties is to:
Determine what the seller has in essence agreed to sell.
The Sherman Act prohibits anyone from entering into a contract that constitutes an unreasonable restraint of trade. The courts have interpreted the word "contract" to mean:
Any form of understanding--even a wink or a nod.
What is the best class of fire extinguishers to use on a grease fire in the kitchen?
Class B extinguisher.
A tax many states impose on items used within the state but purchased outside the state is called a ________ tax.
Use.
What is the potential penalty under the Copyright of Act of 1976 for willful copyright infringement?
Willful infringement may carry a statutory fine of up to $150,000.
A hotel plays recorded music in its lobby and atrium areas. Is this hotel violating U.S. copyright law?
Yes, unless the hotel has a license agreement with the holder of the copyright.
You decide to open a small bakery. Since you don't know much about the business, you rely on the sales representative from a commercial food service equipment manufacturer to help you outfit the bakery. You explain that you will be baking mostly pies and pastries. The representative recommends a particular type of oven, which you purchase. But you are unable to bake acceptable products because the oven generates uneven heat. You decide to take the sales representative to court. Do you have a case?
Yes. You are protected under the Uniform Commercial Code because the representative knew what you were using the oven for, and he/she was a merchant of commercial food service equipment.
You are the chairperson of a hotel association meeting. At the general meeting opening the association's activities, one of the members of the association makes a flippant remark about how nice it would be if everyone could raise room rates next year. Some of the other members begin to join in with light-hearted comments agreeing with the sentiment. What should you do?
You should put an end to the discussion immediately.
