Legal Definitions - hotels and restaurants law

Hotels and restaurants law refers to the body of legal rules and principles that govern establishments providing lodging (like hotels, motels, and inns) and food service (restaurants, cafes, and bars). This area of law covers a wide range of topics, including the rights and responsibilities of both owners and guests, licensing requirements, health and safety standards, and prohibitions against discrimination.

Many of these laws have historical roots in common law, which traditionally placed a high duty of care on innkeepers due to the vulnerability of travelers. While modern laws have evolved, some core principles remain, such as the general obligation of hotels to accept guests who are able to pay and are in a presentable condition, unless there are reasonable grounds for refusal. Restaurants, however, typically have more discretion in setting their own rules, such as dress codes, and generally do not have the same broad duty to serve every person.

Key aspects of hotels and restaurants law include:

• Duty to Serve: Hotels generally have a legal obligation to provide accommodations to all persons who seek them and can pay, unless there are specific, reasonable grounds for refusal (e.g., the guest is disruptive, intoxicated, or the hotel is full). Restaurants have more leeway in refusing service, though both types of establishments are strictly prohibited from refusing service based on protected characteristics like race, religion, or national origin under civil rights laws.
• Licensing and Regulation: Both hotels and restaurants must obtain licenses to operate, issued by state or local authorities. They are subject to various regulations concerning health, safety, sanitation, and building codes, often enforced by administrative agencies like health departments or hotel commissions.
• Mutual Obligations: Owners have a duty to provide safe premises, proper accommodations, and to exercise reasonable care for the safety and tranquility of their guests. In return, guests are expected to behave appropriately, respect property, and refrain from disruptive or offensive conduct.
• Commercial Aspects: The sale of food in restaurants and, to some extent, the provision of hotel rooms, can fall under commercial law principles, including express and implied warranties (e.g., that food is fit for consumption).

Here are some examples illustrating hotels and restaurants law:

• Example 1: Hotel's Duty to Receive and Reasonable Refusal

  Imagine a traveler, Mr. Henderson, arrives at a hotel late at night, appearing disheveled and smelling strongly of alcohol. He demands a room, but the hotel manager observes him yelling at the front desk clerk and attempting to push past other guests. The manager, citing the hotel's policy against disruptive behavior and the guest's apparent intoxication, refuses to rent him a room. This scenario illustrates the hotel's general duty to receive guests, but also the important exception that allows refusal when there are reasonable grounds, such as a guest posing a threat to staff or other patrons, or being unable to conduct themselves appropriately. If Mr. Henderson had been merely disheveled but polite and sober, refusing him a room without other valid reasons could violate the hotel's duty to serve.

• Example 2: Restaurant's Discretion and Implied Warranties

  A high-end restaurant, "The Gilded Spoon," has a strict "business casual" dress code. A group of patrons arrives wearing shorts and t-shirts, and the maître d' politely informs them they cannot be seated due to the dress code. Later that evening, another customer at "The Gilded Spoon" orders a seafood dish and becomes severely ill shortly after eating it, diagnosed with food poisoning. This example demonstrates two aspects: first, the restaurant's greater discretion to set and enforce house rules like a dress code, which a hotel typically cannot do for basic lodging. Second, it highlights the restaurant's legal obligation under implied warranties (often from the Uniform Commercial Code) that the food served is safe and fit for human consumption. The customer who got food poisoning may have a legal claim against the restaurant for breach of this warranty.

• Example 3: Guest Conduct and Owner's Duty of Care

  During a stay at "The Grand Vista Hotel," a guest, Ms. Chen, hosts a loud party in her room, disturbing other guests late into the night despite multiple warnings from hotel staff. The hotel management eventually asks her to leave, citing a violation of their quiet hours policy and the mutual obligation of guests to not disturb others. Separately, another guest, Mr. Davis, slips and falls on a freshly mopped, unmarked wet floor in the hotel lobby, sustaining an injury. This illustrates the reciprocal duties: Ms. Chen violated her duty to behave appropriately, giving the hotel grounds to evict her. Mr. Davis's fall, however, highlights the hotel's duty to exercise reasonable care for the safety of its guests, which includes providing warnings for hazards like wet floors. If the hotel failed to place a "wet floor" sign, it might be found negligent.