Restaurant Attorneys in New York, NY

As restaurant attorneys in New York City, we handle the different legal aspects related to establishing and operating a restaurant, which includes formation, leasing, employment, compliance, and acquisition matters.

Restaurant Formation

As restaurant attorneys, we can advise you on the appropriate legal structure to operate your restaurant, depending on your objectives. If there are multiple investors, a restaurant attorney can draft detailed membership, shareholder, or joint venture agreements to ensure that the roles, rights, and obligations of the co-owners are clarified.

We can then establish the legal entity by completing the necessary registrations with state and local authorities and provide you with an operating agreement and by-laws that will govern the handling of intra-corporate matters.

Once the legal entity is formed, a restaurant attorney can assist you in getting the necessary licenses and permits to operate the restaurant legally.

Leasing

A restaurant attorney can assist you in reviewing and negotiating the commercial lease agreement for the chosen location of the restaurant. The attorney can give advice to the client on standard provisions in commercial leases, as well as which provisions are reasonable and should be insisted upon without jeopardizing the successful signing of the commercial lease.

Health and Safety Compliance

Business, health and safety matters are highly regulated in the restaurant industry. In New York, there is a need to a business license, a food service establishment permit, a liquor license, sign permit for the restaurant signage, zoning permit, building health permit, employer identification number, sales tax certificate, and outdoor seating permit (if applicable).

Employment

As restaurant attorneys, we can provide advice to the restaurant owner on federal and local laws regarding employment, such as tipping, overtime, insurance, and tax withholding matters. Assistance can also be provided with the drafting of an employee handbook and the establishment of HR company policies related to employees.

Acquisition

We can also represent the restaurant owner in cases where there is an intent of a third party to acquire the restaurant. Important provisions include the purchase price and payment terms, the delineation of assets included in the sale, the type of agreement (whether a stock purchase or an asset purchase), whether intellectual property is transferred, the assumption of liabilities after the transfer, the absorption of employees post-acquisition, and the assignment of other contracts such as leases and licenses.

An experienced restaurant attorney should have knowledge of the complex matters of the restaurant industry for formation to acquisition. Should you need assistance in establishing a restaurant, we, at the law offices of Albert Goodwin, are here for you. We are located in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].