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Park Law by Heather M Eichenbaum Esq


Food and Beverage - know the risks As discussed in prior columns, there are many risks exist in amusementr


f facilities beyond the rides. Potential liability can be found in countless aspects of your food and beverage (F&B) operation.


acilities beyond the rides. Potential liability can be foun aspects of your food and beverage (F&B) operation.


d nd in countless


Food poisoning is no small concern. While the typical case of such llness involves relatively minor symptoms and, after a few days of discomfort, resolves without lasting repercussions, nonetheless thousands ou certainly don’


of deaths are caused by food poisoning each yearr. You always ensure that food products are stored at the prope


Bacteria that can cause food poisoning grow rapidly use them immediate


want one of them to have stemmed from food sold at your park. Thus, always ensure that food products are stored at the proper temperature. Bacteria that can cause food poisoning grow rapidly.


Food poisoning is no small concern. While the typical case of such i illness involves relatively minor symptoms and, after a few days of discomfort, resolves without lasting repercussions, nonetheless thousands of deaths are caused by food poisoning each year. You certainly don’t want one of them to have stemmed from food sold at your park. Thus, er temperature.


Frozen items must remain frozen, at 0°F or -18°C. If a freezer stops working or if there is a power failure and items defrost, even partially, ely or throw them away. Do not attempt to re-freeze


them. Defrost frozen items only in a microwave, cold water or in a refrigerator – never at room temperature. Similarly, refrigerated items must be stored at the proper temperature -40°F (4°C) or lower. Foods emoved from a refrrigerator must be cooked or sold immediately. f you host private events where there may be a buffet available for a period of time, ma


l


Frozen items must remain frozen, at 0°F or -18°C. If a freezer stops working or if there is a power failure and items defrost, even partially use them immediately or throw them away. Do not attempt to re-freeze them. Defrost frozen items only in a microwave, cold water or in a refrigerator – never at room temperature. Similarly, refrrigerated items mustbd he


ake sure that the foods on that bufffet are out for no


Food and Beverage - know the risks As discussed in prio columns, there are many risks exist in amusement


Kernels


Everyone s favourite smiling blue steam train and the Island of Sodor will usetts prepares to open the first full si ze Thomas Land in the North and has been created in partnership with Mattel, proving that U until now a low-key


yone’’s favourite smiling blue steam train and the Island of Sodor will come to li come to life next month at Edaville USA as the park in South Carfe next month at Edaville USA as the park in South Carver, Massachu America.


Massachusetts prepares to open the first full size Thomas Land in the North America. Zamperla is one of the project’Zamperla is one of the new la


the new land has been created in partnership with Mattel, proving that sales of sales of toys will be almost as impor toys will be almost as important as the rides, however so big are the expec tations of Thomas Land that Edaville SA,


the project’s major suppliers. Tellingly tant as the rides, however so big are


Te


Accesso has signed a five-year dea with Malaysia’s Mov e Animation Park Studios (MAPS), to install its smar Studios (MAPS), to install its smartphone-based queuing solution, Qsmar Located in Perak, the park will open in mid 2016 with more than 40 rides, shows and attractions including the world’s first DreamWorks-dedicated


attendance from about 250,000 to one million or more. has signed a five-year deal with Malaysia’l


e from about 250,000 250 000 to one millio on or more. s Movie Animation Parki tphone-based queuing solution, Qsmart.


Located in Perak, the park will open in mid 2016 with more than 40 rides, shows and attractions including the world’s first DreamWorks-dedicated zone, Malaysia’ zone, Malaysia’s tallest drop tower and a thrilling live-action car stunt show.


Tw Lombardo location ba creative d Fox orldW


Twentiet


be stored at the proper temperature -40°F (4°C) or lowerr. Foods.Fd r removed from a refrigerator must be cooked or sold immediately I If you host private events where there may be a buffet available for a period of time, make sure that the foods on that buffet are out for no more than two hours or they are properly temperature controlled with heating or cooling devices. Finally, make sure to throw out foods that are beyond their expiration or “best by” date. Food does not have to smell bad to be contaminated. Thus, the “smell test” cannot be used to check whether food is “still good”.


Allergic reactions are another significant concern with park food sales. As with food poisoning, most allergic reactions are minor and easil


ily treated, but tth race amount


Allergic reactions are another significant concern with park food sales. As with food poisoning, most allergic reactions are minor and easily treated, but they can be life-threatening. Even a trace amount of certain foods can cause an allergic reaction and can cross- contaminate other fo


wentieth Centur


more than two hours or they are properly temperature controlled with heating or cooling devices. Finally, make sure to throw out foods that are beyond their expiration or “best by” date. Food does not have to smell bad to be contaminated. Thus, the “smell test” cannot be used to check whether food is “still good”.


of certain foods can cause an allergic reaction and can cross- contaminate other foods. Best practice is to prepare foods containing common allergens (nuts, milk, soy, wheat, eggs and fish) in an area separate from the preparation area of other foods. If you cannot and you are preparing or cooking foods in an area where there are nuts, for instance, highly visible warnings must be conspicuously posted. poisoning and drunk driving accidents are two e alcoholic


hey can be life-threatening. Even a ttt oods. Best practice is to prepare foods containing


common allergens (nuts, milk, soy, wheat, eggs and fish) in an area separate from the preparation area of other foods. If you cannot and you are preparing or cooking foods in an area where there are nuts, for instance, highly visible warnings must be conspicuously posted. Finally , alcoholFinally, alcohol poisoning and drunk driving accidents are two sources of potential liability for your park. If you serve sources of potential liability for your park. If you serve alcoholic beverages, make sure your employees are trained to detect intoxication in your guests, and do not serve those guests if they appear to be drunk


k. Fur r,r, a park guest cannot be


when leaving the park after consuming alcohol, so security must also be trained to handle such guests accordingly.


In short, don’t ignore your F&B operation when creating and o a guest who never boards a ride or attraction but consumes an ers an allergic reaction to one of your food products. Heather M Eichenbaum is a member with Spector Ga


undercooked hamb , drinks too much alcohol and drives, or y, Florida,


PC, practicing in Pennsylvania, New Jersey, Florida, and Newennsylvania, New Jersey, Yo


ork. Ms. Eichenbaum concentrates her practice in the defense of amusement, sports, hospitality,


ork. Ms. Eichenbaum concentrates her practice in th


NJAA, IAAPA, OABA, and IISF. For legal assistance, reach her at: +1F. For legal assistance, reach her at: +1 215-241-8856 or mailto:heichenbaum@lawsgr.com


amusement, sports, hospitality, and recreation venues. Legal counsel to, and a board member of, NAARSO, she is also a member of the NJAA, IAAPA,


y, and recreation venues. Legal counsel PA OABA, and IISF. r. JULY 2015 LY Y 2015 7 he defense of


In short, don’t ignore your F&B operation when creating and implementing a risk management plan. Yo implementing a risk management plan. You can be liable for injuries t to a guest who never boards a ride or attraction but consumes an undercooked hamburger, drinks too much alcohol and drives, orburgerr, sufffers an allergic reaction to one of your food products.


You can be liable for injuries


Heather M Eichenbaum is a member with Spector Gadon & Rosen, PC, practicing in Pe York Ms Eichenba


adon & Rosen, and New


beverages, make sure your employees are trained to detect intoxication in your guests, and do not serve those guests if they appear to be drunk. Further, a park guest cannot be allowed to drive when leaving the park after consuming alcohol, so security must also be trained to handle such guests accordingly


a park guest cannot be allowed to drive


location based entertainment. He will continue to oversee business strategy, creative development and project management for the Twentieth Centurent for the Twentieth Century Fox W d theme parks, resororld theme parks, resorts, touring exhibits and live shows. The forits and live shows. The former BRC man will work alongside newly-hired vice-president of design and development, Eric Williams, who arrives with years of experience leading the creative development of theme park attractions, museum exhibits, touring experiences for companies including Universal Creative, Warnerar Bros, Paramount Pictures, GM, Sony Pictures and Busch Enter Bros, Paramount Pictures, GM, Sony Pictures and Busch Entertainment.


evelopment and project manageme ts, touring exhibi


BRC man will work alongside newly-hired vice-president of design and development, Eric Williams, who arrives with years of experience leading the creative development of theme park attractions, museum exhibits, touring experiences for companies including


Universal Creative, W tainment.


Lombardo to the position of senior vice-president for global live andlive and ased entertainment. He will continue to oversee business strategy Tw


th Century Fox Consumer Products has promoted Greg to the position of senior vice-pr esident for global


ry Consumer Pro oducts has promoted Greg


the expectations of Thomas Land that Edaville USA, until now a low-key family amusement park and heritage railroad, is hoping to boost annual family amusement park and heritage railroad, is hoping to boost annual attendance


t s major suppliers. Tellingly,


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