CLIA MCC flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Innkeeper's duty of care

Innkeepers owe guests a higher standard of care than ordinary bailees for property brought onto the premises, and many states cap valuables liability only when a safe is provided and its availability is posted.

Lawful refusal of service

An innkeeper may refuse or terminate service for non-payment, intoxication, disorderly conduct, illegal activity, or no vacancy, but not because of a guest's protected-class status under public-accommodation law.

Guest versus tenant status

A registered guest holds a license to occupy, not a tenancy. Once the agreed checkout time passes and the innkeeper lawfully terminates the license, the occupant is a trespasser and eviction statutes generally do not apply.

Innkeeper's lien

A statutory right to retain a guest's baggage or property until unpaid room charges are satisfied. The lien usually requires notice to the guest and a lawful sale process before the property can be disposed of.

ADA Title III lodging duties

Public accommodations must provide accessible guest rooms and facilities, admit service animals without pet fees, and remove architectural barriers where removal is readily achievable without undue burden.

Dram-shop liability

Civil liability that can attach to a lodging operator serving alcohol to a visibly intoxicated person or minor who later causes injury. It is separate from licensing penalties imposed by the alcohol authority.

FLSA regular rate

The hourly rate used to compute overtime. It includes base pay plus nondiscretionary bonuses, shift differentials, and service charges, but excludes discretionary gifts and certain statutory exclusions.

Tip credit requirements

An employer may count tips toward minimum wage only up to the statutory cap, must give advance notice, and must confirm that cash wage plus tips reaches minimum wage each workweek.

Valid tip pool

A tip pool is lawful only when it includes employees who customarily and regularly receive tips. Supervisors, managers, and owners generally may not share in pooled tips.

Salary basis test

An exemption test requiring a predetermined, fixed salary not subject to reduction because of variations in quality or quantity of work. Passing it alone does not create an exemption.

Hours worked definition

Time during which an employee is required to be on duty or on the employer's premises. It includes on-duty waiting, mandatory meetings, and short rest breaks, but excludes bona fide duty-free meal periods.

Joint employment liability

Two entities that share control over hiring, scheduling, supervision, or working conditions may both be liable for minimum-wage and overtime violations affecting the shared workforce.

FLSA recordkeeping duty

Employers must keep payroll, hours, and tip records for the required retention period. Missing or unreliable records often shift the burden of proof to the employer in wage disputes.

Transient occupancy tax

A tax on short-term room rentals collected from guests and remitted by the operator. Local rules determine whether resort fees, cleaning fees, and platform charges fall within the taxable base.

Maximum continuous stay exemption

Many occupancy-tax statutes stop applying after a set number of continuous nights, treating the occupant as a resident. Operators should retain a written exemption affidavit or certificate.

Advance deposit taxability

Refundable deposits are not gross receipts until applied to a stay. Nonrefundable advance payments may become taxable when received if the operator has unrestricted use of the funds.

IRC 45B tip allocation

A federal tax provision allowing hotels and motels with more than 25 rooms to attribute tips to housekeeping and other service staff based on gross receipts rather than actual reported tips.

RevPAR formula

Revenue per available room equals ADR multiplied by occupancy, or room revenue divided by rooms available. It combines rate and occupancy into one performance measure.

Break-even occupancy formula

Fixed costs divided by the difference between ADR and variable cost per occupied room. It shows the occupancy needed to cover fixed costs before evaluating a rate discount.

GOPPAR definition

Gross operating profit per available room. It measures profit after departmental and undistributed expenses and is a stronger performance test than RevPAR because it accounts for cost structure.

Rate fencing

Segmenting demand with conditions such as booking window, length of stay, and cancellation terms. Fences let operators raise revenue from higher-value segments without lowering the rate for all guests.

Net revenue per channel

Gross rate minus channel costs such as OTA commission, which commonly runs 15-25%, plus acquisition and loyalty costs. Comparing net revenue, not gross rate, drives channel decisions.

Booking pace

The number of reservations on hand for a future date compared with the same pickup point in prior years. Rising pace supports rate increases; falling pace signals discounting or promotion.

Minimum-stay restriction

A control requiring a set number of nights on high-demand dates. It prevents low-value single-night stays from displacing longer, higher-value bookings during compression.

Overbooking level

The number of reservations accepted beyond physical capacity, set from historical no-show and cancellation rates by segment and date, plus a walk policy for displaced guests.

Review response window

Responding to guest reviews within 24-48 hours is the operating norm. Track review volume separately from average rating, because a rising average on few reviews is unreliable.

Rate parity clauses

Contract terms requiring consistent public rates across distribution channels. They face competition-law scrutiny in some jurisdictions and should be reviewed before enforcement.

Lodging association advocacy scope

Industry associations lobby on occupancy taxes, short-term rental rules, tourism funding, and labor mandates at city, state, and federal levels, with members typically setting the policy agenda.

Coalition advocacy

Partnering with destination marketing organizations, restaurants, airports, and labor groups to amplify a message. Coalitions increase leverage on tourism-promotion and infrastructure funding requests.

Lobbying disclosure threshold

Jurisdictions require registration and reporting once lobbying time or expenditures cross set thresholds. Operators should track both and file where required.

Short-term rental regulation

The most active local lodging issue. Common operator positions include registration requirements, tax parity with hotels, safety inspections, and zoning limits on non-owner-occupied units.

Tourism improvement district

A defined area where an assessment on lodging or businesses funds destination marketing. Formation usually requires a petition, public hearing, and formal local government approval.