Opening a bar or restaurant can be an exciting venture, but it also comes with legal and regulatory responsibilities that shouldn’t be overlooked. Whether you’re launching a small neighborhood spot or a larger establishment, it’s important to take the right steps early to stay compliant and avoid delays that could impact your business so having a restaurant bar license lawyer guide you could help.
Start With The Right Business Structure
Before you begin hiring staff or signing a lease, you’ll need to decide how your business will be structured. Many choose to form a limited liability company (LLC) or a corporation. These structures provide liability protection and can offer tax benefits. Forming a legal entity requires registration with your state, selecting a name that isn’t already in use, and designating a registered agent. You’ll also need to apply for an employer identification number (EIN) through the IRS.
This foundation sets the stage for signing contracts, opening bank accounts, and protecting your personal assets from business liabilities. It also allows you to move forward with necessary permits and licenses.
Zoning And Permits Come First
Not all properties are suitable for a bar or restaurant. Before committing to a location, it’s smart to check local zoning regulations to confirm the property is approved for food and alcohol service. Zoning laws vary by city and county, and in some cases, even by neighborhood. Some areas may place restrictions on the types of businesses that can operate, especially when alcohol is involved.
You’ll likely need several permits, including a food service permit, a health department inspection, a fire safety inspection, and a business license. Each permit may involve its own application process, inspections, and fees. Starting these early is critical since approvals can take time.
Alcohol Licensing Requires Careful Attention
If you plan to serve alcohol, applying for a liquor license is one of the most important steps. There are different types of licenses depending on whether you plan to serve beer and wine only or offer a full bar. The number of available licenses may be limited depending on your area, and you may face a waiting period if you’re in a high-demand location.
A restaurant bar license lawyer can help you understand which license fits your business model and guide you through the application process. Missing a step or submitting incorrect information can result in long delays or even denial.
Attorneys like those at Viva Beverage Law can attest that local and state alcohol laws are often detailed and require close attention. There are also rules around employee training, age restrictions, advertising, and recordkeeping. Working with someone who focuses on this area of law can save time and frustration.
Lease Agreements Should Be Reviewed Carefully
Signing a lease for your space is a major commitment. Many landlords have standard leases, but that doesn’t mean the terms are right for a restaurant or bar. For example, look closely at provisions related to permitted use, hours of operation, renewal terms, and what happens if you sell the business.
You may also need landlord approval before applying for certain licenses. If your space needs significant renovation, clarify who is responsible for improvements and how they will be handled. Having a legal professional review the lease can help you avoid future disputes.
Food Safety And Employment Laws Also Apply
Running a restaurant or bar also means complying with state and federal laws around food safety, wages, and employee rights. This includes following food handling guidelines, keeping kitchen areas clean and maintained, and making sure staff have the appropriate certifications.
On the employment side, you’ll need to comply with rules around minimum wage, overtime, hiring practices, and workplace safety. Most restaurant owners rely on a combination of full-time staff and part-time workers, so keeping accurate records and following proper procedures is important.
Plan For Ongoing Compliance
After you’ve opened, the work doesn’t stop. Licenses and permits often need to be renewed annually or biannually. Any changes in ownership, management, or operations may require notifying the relevant authorities. Staying on top of renewals and compliance requirements helps you avoid fines or even suspension of your business license.
Get The Support You Need
Opening a bar or restaurant is more than just serving food and drinks, it’s a legal process that requires planning and attention to detail. From choosing a business structure to applying for alcohol permits and reviewing leases, every step matters. With the right approach, you’ll be better positioned to focus on what matters most which is building a business that serves your community and stands the test of time.