Hiring A Lawyer To Help You Open Your Restaurant In Florida
If you are looking to open a restaurant, you will need to address many legal considerations. From food safety and licenses to intellectual property protection, the law governing restaurant businesses in Florida can be extremely complex.
How Can a Business Lawyer Help Me Open a Restaurant?When opening a restaurant, there are many topics you will need to address with the help of your business attorney, who should work hard to ensure everything is in compliance with the law.
An experienced business lawyer can help you in many ways, including:
- Forming a Restaurant Business
- Choosing a Location for Your Restaurant
- Obtaining Licenses
- Drafting Agreements, and
- Protecting Your Intellectual Property
Forming a Restaurant Business in Florida – The Big DecisionBefore opening a restaurant, you must first make the big decision – what business structure you will use. The structure you choose at this stage will determine how your business will operate and even how it will be taxed. Choosing the right business structure is key, which is why you must not do it alone.
An experienced business attorney can help you decide which business structure is the best for your business, complete any necessary registrations, and draft your bylaws or an operating agreement for your new commercial enterprise.
The most popular business structures in Florida are:
- Partnerships, and
- Limited Liability Companies.
Choosing a Location for Your Restaurant – To Purchase or To Lease, That is The QuestionOnce you have found your dream space for your restaurant, you will need to decide whether you wish to purchase the property or negotiate a commercial lease. No matter what route you choose, you will need the help of a lawyer. Many first-time business owners do not hire a lawyer to help in this crucial step – 90% of them regret it, the other 10% had to close their restaurants. Do not make that mistake!
In the State of Florida, restaurant lease agreements usually contain highly specific provisions, which an experienced business attorney can help you tailor to your specific needs. If you intend to purchase a space for your restaurant, then you will need the help of an experienced commercial real estate attorney during the transaction.
Whether you are leasing or purchasing, there are several aspects of the deal that need the attention to detail only an experienced business and real estate lawyer can bring to the table. A lawyer can help you speed up your real estate transaction while making sure you and your business remain legally protected.
Licenses – Tell Me What You Brag About and I Will Tell You What Licenses You NeedAs you probably know, restaurants require several business licenses, such as food safety licenses and liquor licenses, if you plan to serve alcoholic beverages in your restaurant. When it comes to restaurant licenses, the requirements may also apply in specific jurisdictions, which is why it is crucial to hire a business attorney to identify and apply for all necessary licenses, so your restaurant can operate legally.
In Florida, as in every state, liquor licenses are generally difficult to obtain and can be very expensive, and losing a liquor license can be astonishingly easy. You could face revocation or suspension of your liquor license if, for example, one of your employees sells alcohol to a minor. An experienced Florida business lawyer will help you complete the liquor license application for your restaurant and develop appropriate policies to maintain it.
Agreements – Negotiate, Draft, Sign, Enforce, RepeatWhen it comes to businesses, agreements are key. Having solid agreements with everyone you do business with drafted by an experienced lawyer will save you a headache or two down the road. Three types of agreements are particularly common in restaurant businesses, these are:
- Commercial lease agreements,
- Franchise agreements, and
- Employment contracts.
These agreements must be carefully negotiated and drafted to fit the needs of your business and protect your restaurant against legal issues in the future. A skilled Florida business attorney can assist you in creating any agreements you need, helping you avoid breaches, legal disputes, and costly, time-consuming litigation.
Q: How Do I Protect the Intellectual Property of My Business?A: Step 1: hire a lawyer. Step 2: do not skip step 1.
When it comes to operating a successful restaurant in Florida, trademark protection is key. Trademarks apply not only to the name of your restaurant but also to specialty dishes in your menu, business methods, and even secret recipes. An experienced business lawyer can help you protect all your trademarks all over the country and even abroad, if necessary.
When it comes to protecting trade secrets and drafting non-disclosure or non-compete agreements for your employees, hiring a business lawyer is crucial.
Jurado & Farshchian, P.L. – The Place to Find Your Business Lawyer