what do i need a lawyer for when starting a restaurant

by Luella Shanahan 7 min read

Before you even open a restaurant, you must decide what form of business organization you will use --for example, a corporation, a partnership or an LLC. An attorney can help you decide which form is most advantageous for your business, complete any necessary state and local registrations and draft an Operating Agreement or Bylaws.

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Do I need a lawyer to open a restaurant?

You will need to obtain a permit from your local environmental health department certifying that your restaurant has met county, state, and federal requirements. Plan ahead by submitting your application a month or so before opening. They will also require employees to …

What licenses do you need to open a restaurant?

When applying, you'll need the name of your restaurant, an address for a permanent kitchen facility (even for food trucks), and the owner's personal information. Your food service license may expire automatically in certain locations, so make …

How do I start a restaurant business?

Important legal and financial things to know if you are considering starting a restaurant business in California. By David M. Steingold , Contributing Author Starting a restaurant in California has its own set of legal considerations that are specific both to …

How do I open a restaurant in California?

Jan 21, 2021 · 6. Restaurant Permits and Licenses. To start a new restaurant, you'll need to obtain several federal, state, and local permits and licenses. It's helpful to enlist legal counsel when filing for restaurant permits and licenses to make sure you don't miss a step. These are some of the most important licenses required:

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What is the first step to open a restaurant?

A checklist for starting a restaurantDefine your restaurant concept. ... Create a business plan for your restaurant. ... Research funding options for your restaurant. ... Obtain licenses and permits needed to open a restaurant. ... Register your business. ... Select the right location. ... Order restaurant equipment. ... Hire the right staff.More items...•May 23, 2020

What should I research before opening a restaurant?

6 Things You Need to Know Before Opening a Restaurant. Bianca Esmond. ... Not everyone is cut out to be a restaurant owner. ... Consider your location carefully. ... Plan on a significant up-front investment. ... Choose a clear restaurant concept. ... Put a business plan on paper. ... Invest in the right technology.Jun 20, 2019

What do you start with in a restaurant?

A step-by-step guide to starting a restaurantPick a niche. ... Write your business plan. ... Choose your restaurant's name and legal structure. ... Get a tax identification number for your restaurant. ... Register your restaurant for state and local taxes. ... Secure permits, licenses, and insurance for your restaurant.More items...

How successfully run a restaurant?

10 Tips for Running a Successful RestaurantCONSISTENCY IS KEY. Ask 10 food service professionals about how to run a successful restaurant, and you hear 100 great answers. ... BUY SMART INSTEAD OF CHEAP. ... KEEP THE MENU FLEXIBLE. ... DO YOUR MATH. ... RUN A TIGHT KITCHEN. ... STAND OUT ON SOCIAL MEDIA. ... EXPLORE AND EXPAND. ... VALUE YOUR STAFF.More items...•Mar 12, 2020

What should you not do to open a restaurant?

Avoid These Common Mistakes When Opening a Restaurant1) Not Enough Capital. Solution: Diligent, detailed budgeting.2) A Complicated Menu. Solution: A Smaller – But More Delicious – Menu.3) Forgetting About Licenses. ... 4) Not Training Your Staff. ... 5) Ignoring Data. ... 6) No Social Media Strategy. ... 7) Lack of Concept.

How much money do I need to open a restaurant?

Restaurant startup costs vary wildly. At the modest end of the scale, $100,000 could be enough to take over an existing restaurant. On the high end, an investment of $3.5 million might be needed to buy a coveted franchise location.Jul 10, 2019

How hard is it to open a restaurant?

Conclusion: Opening a restaurant can be an extremely difficult and stressful process, even to the most organized and in-control individuals. However, once those doors open and the customers begin to come, it is a process that is well worth the effort.Mar 17, 2016

How much do it cost to open a restaurant?

The cost of starting a restaurant can be anywhere between ₹5 lakhs to ₹2 crores. Higher the budget, higher the profits – but if you are a new restaurateur, it's safer to start a small restaurant/fast food business. Use consultants & chefs to create a menu.Sep 6, 2019

What happens if you don't file taxes on your restaurant?

The consequences for failing to file your state and federal business taxes are severe—as in you could lose your business and even face criminal charges.

How much is the restaurant industry worth in 2019?

What's more, projected sales in the restaurant industry are projected to reach $863 billion in 2019.

What is the best POS system for restaurants?

Here are some of our favorite POS systems, based on the type of restaurant you own: 1 Square for Restaurants: Best POS system for new restaurants. 2 Clover POS: Best POS system for quick-service restaurants. 3 Lightspeed Restaurant POS: Best POS system for small and medium-sized restaurants. 4 TouchBistro POS: Best POS system for full-service restaurants. 5 Toast POS: Best restaurant POS system for Android. 6 Loyverse POS: Best free restaurant POS software.

Why is it important to have enough cash on hand?

Having enough cash on hand to cover expenses can make or break a restaurant’s financial health. In fact, this issue is so important, there is an accounting document dedicated to the tracking of cash flow.

What is a business plan?

Ultimately, writing a business plan is about thinking through and answering questions about your future restaurant that force you to contemplate the market you serve, the viability of your overall plan, and challenges you might not have otherwise have thought of.

What is balance sheet in restaurant?

The balance sheet is essentially a snapshot of your restaurant’s financial standing at a given moment. It lists the assets, liabilities, and equity your company holds at a given time and is used to calculate the net worth of your business. Maintaining a “balanced” balance sheet—one in which total assets equals liabilities plus equity—is the foundational tenet of basic bookkeeping.

What is a restaurant POS system?

A restaurant POS system is a combination of hardware and software that allows you to perform many important functions, including payment processing, front-of-house management, order coursing, and tip reconciliation. Most POS systems also produce helpful reports that allow you to more efficiently run your business.

How many hours do you have to work to get paid?

If any of your employees will be working over 40 hours per week , they need to be paid time and a half during those extra hours. It’s up to you to determine the work eligibility of your team. Check that everyone holds up-to-date visas and valid work permits. Building requirements.

What is a seller's permit?

Sometimes known as a ”sales tax license,” a Seller’s Permit identifies you as a business that collects sales tax on behalf of the state.

Is it easy to get a permit?

Getting all the permits and licenses you need isn’t an easy task, and it can require a considerable amount of patience not just to complete, but to await approval of your documents. It’s useful to break the process down into more manageable areas. These are some the pieces of the puzzle you should focus on first.*.

What is required to open a restaurant?

Opening a restaurant or food service business requires research, planning, capital (not always as much as you think), business acumen, and perseverance. It also requires a number of legal and regulatory considerations, during both the startup phase and the lifecycle of the business.

What license do I need for a restaurant?

Licenses and Permits –Restaurants typically need a food service establishment permit, an alcohol beverage license, a general business license, and a food safety permit (more on that below). Use SBA’s Permit Me tool to help pinpoint the exact licenses and permits you need based on your zip code and business type.

How often do restaurants need to be inspected?

Restaurants are usually inspected once every two years after opening. Be sure to get a copy of your local health codes and refer to it frequently to ensure compliance. Insurance – Restaurants are exposed on many fronts and can be vulnerable to injuries, medical expenses, and lawsuits.

Who is Caron Beesley?

Caron Beesley is a small business owner, a writer, and marketing communications consultant. Caron works with the SBA.gov team to promote essential government resources that help entrepreneurs and small business owners start-up, grow and succeed.

Why do you need a license to play music in a restaurant?

To play music in your restaurant, you'll need a music license to avoid copyright infringement. This includes live music, as well as music from a CD, or streaming service.

What is a certificate of occupancy?

The certificate of occupancy certifies that the building has been properly constructed and maintained. How to Get a Certificate of Occupancy. The procedure for obtaining a certificate of occupancy varies widely from jurisdiction to jurisdiction and on the building's structure.

How to open a restaurant franchise?

If you're thinking of opening a restaurant that is part of a franchise, keep in mind that you will have to operate under far more restrictions than if you opened your own independent restaurant. You will be subject to a franchise contract which you should expect to favor the franchisor, and which likely will give the franchisor rights to: 1 decide where other competing restaurants will be located 2 block sale of your franchise to a particular prospective buyer 3 choose the geographic location where any disputes will be resolved, and 4 require you to buy all of your goods and services from the franchisor.

Why are restaurants subject to food safety regulations?

Because restaurants are all about people eating food, they are subject to significant regulations regarding food health and safety . An excerpt from the current California Retail Food Code prepared by the California Association of Environmental Health Administrators, which covers restaurants and other retail food businesses, runs over 150 pages. Just a few of the many matters the code covers are handwashing, timing and temperature for food storage and cooking, ventilation, liquid waste, employee storage areas, and floors and other surfaces.

What are the risks of operating a restaurant?

There are particular risks associated with operating a restaurant, such as customers or employees slipping and falling on the premises, someone getting hurt from hot liquid or broken glass, or someone becoming seriously ill from the food itself. These are on top of more generic business risks such as fire, theft, or other sources of property damage or personal injury.

Do restaurants have turnover?

Most restaurants have employees and, in many cases, there can be relatively frequent turnover, particularly among waitstaff, bussers, and similar positions. You should inform yourself about basic employment law issues such as illegal discrimination, workers compensation, and how to handle the hiring process. With regard to hiring in particular, learn how to:

Is a restaurant a sole proprietorship?

While you could operate your restaurant as a sole proprietorship or partnership, you should probably consider using a legal form that protects you from personal liability, such as a corporation or a limited liability company. Unlike some other types of business, such as certain professional or consulting offices, restaurants have a significant number of customers coming through every day, and in many cases also a significant number of employees engaged in a lot of physical activity. This increases the likelihood that a person could be injured, or his or her property damaged, on the premises—in which case you would want the business, not you personally, to be responsible for any liability.

What is the purpose of a restaurant business plan?

The purpose of the plan is to help you flesh out the finer details and summarize your business to potential investors. When you reach out for restaurant loans, the restaurant business plan serves as the proof that your venture will be successful. Below are the principle components of a restaurant business plan:

What are the two components of a restaurant?

There are two components to designing the layout of your new restaurant: your front-of-house space and your back-of-house space. Each space has its own unique requirements. If you need assistance, consider working with an industry expert to create a custom design layout that meets your needs.

What is a soft opening?

A soft opening is a practice run to help you prepare for the real grand opening of your new restaurant. Invite a limited number of guests to attend your soft opening, usually the friends and family of your staff. This strategy allows you to work out any kinks in your service. Here are a few popular soft opening ideas:

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Fundraising

  • Fundraisingcan be particularly challenging for a new restaurant. Investors anticipate that restaurants have a high rate of default and also face high upfront costs for inventory and equipment, both of which rapidly lose value. A lawyer can assist you in structuring your initial in…
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Real Estate

  • You will need to check local zoning ordinances before you choose a restaurant location. Once you’ve found your dream space, you will need to consider purchasing the property or negotiating a commercial restaurant lease agreement. Restaurant leasesoften contain specific provisions regarding venting and kitchen needs, which an attorney can help you tailor to your specific needs.
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Licenses

  • Restaurants require business licenses, food safety licenses and, if you plan on serving alcoholic beverages, liquor licenses. Further licensing requirements may also apply in specific jurisdictions. An attorney can identify and apply for all necessary licenses, so you can legally serve the hungry hordes. Liquor licenses are difficult to obtain in every state and can be expensive. Moreover, it i…
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Labor & Employment Laws

  • Employmentis strictly regulated. You will need to comply with federal and local laws and regulations governing minimum wage, tipping, overtime, tax withholding and numerous other matters. Even the questions you may ask in a job interview are restricted by law. Taxes and insurance will also be a continuing major legal concern for your business.
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Agreements

  • Three types of agreements are particularly common in the restaurant business--franchise agreements, commercial restaurant lease agreements and employment contracts(particularly for management employees). All of these must be carefully negotiated and drafted to suit your business’s needs and protect your restaurant. A skilled business attorney can assist you in creat…
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Intellectual Property

  • Trademarkprotection is a large part of operating a successful restaurant. Trademarks can apply not only to the name of your restaurant, but also to specialty dishes (“Big Mac,” for example). A top restaurant lawyer can help you protect your trademarks nationwide and even abroad, if necessary. In addition to trademarks, your business may possess trade secrets, such as recipes …
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Food and Liquor

  • As a restaurant owner, you will be subject to both federal and state regulations. You should expect regular surprise food safety inspections and your restaurant might be closed following a negative inspection. Areas that are extensively regulated by state and federal authorities include: 1. Employee hygiene; 2. Employee safety; 3. Food preparation methods; 4. Food labeling; 5. Food s…
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The Minimum Legal Requirements For Restaurants

  • Getting all the permits and licenses you need isn’t an easy task, and it can require a considerable amount of patience not just to complete, but to await approval of your documents. It’s useful to break the process down into more manageable areas. These are some the pieces of the puzzle you should focus on first.*
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People Requirements

  • As well as ensuring each and every one of your team has the required food handlers card and has completed a recent course, there are various responsibilities you have to your team.
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Building Requirements

  • The premises from which you’re running your restaurant is subject to various permits, both inside and out.
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Financial Requirements

  • As well as getting (and keeping) your accounts in order, there are a few extra areas you need to consider. Few would argue that this is the most enjoyable part of setting up a new restaurant, but it’s a vital process, and one that can save a lot of future aggravation if you get it right from the outset. * The information included here is not exhaustive and should not be used in place of you…
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