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Texas Restaurant Law

Category Archives: Legislation

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Confusing Expiration Labels Cost Texas Restaurants

Posted in Legislation, Liability, News, Recent Law Trends

All restaurants have to deal with the issue of throwing away food at the end of the day. According to the National Resources Defense Council (NRDC), a powerful environmental action group and the Harvard Food Law and Policy Clinic, confusing and inconsistent food date labeling causes restaurants to throw out significantly more food than is… Continue Reading

South By Southwest Deaths Highlight Alcohol Issues For Texas Restaurants

Posted in Alcohol, Asset Protection, Commentary, Employees & Waitstaff, Legislation, Liability, Litigation, News, Recent Law Trends

Three people are now confirmed dead in the recent car crash tragedy at South By Southwest. (Click here for the article by Quita Culpepper from KVUE.com.) According to the article, these people were “injured on Thursday, March 13 outside The Mohawk when Rashad Owens, 21, is said to have barreled into a crowd of festival-goers… Continue Reading

Removing Customers: When Can A Texas Restaurant Ask A Patron To Leave?

Posted in Commentary, Employees & Waitstaff, Legislation, Litigation, News

Last week, the Washington Times published a very sad article. It reported that a Texas war veteran was kicked out of the River Side Inn Marina, which is a restaurant in Houston. The story stated that the veteran simply had a service dog that helped him with his post-traumatic stress disorder. For the full story… Continue Reading

Can Texas Restaurant Owners Deduct the Costs of Repairs From Lease Rental Payments?

Posted in Contracts, Legislation, Liability, Litigation, Negotiation, Real Estate

Nearly all restaurant tenants face challenges with their lease at some point.  Often these challenges come in the form of needed repairs to the property caused by the landlord’s substandard maintenance of the property.  The landlord may delay making necessary repairs, make inadequate repairs, or even refuse to make some repairs. After haggling with the… Continue Reading

FDA Sets Guidelines for “Gluten-free” Foods in Stores and in Restaurants

Posted in Legislation, News, Recent Law Trends

“Gluten-free” seems to be everywhere.  You may not know what “gluten-free” means, but chances are you haven’t missed the growing number of restaurants, grocery stores, and food brands that are offering menu items or food products that are “gluten-free.” And if you are a restaurant owner or are planning to open a restaurant, it is… Continue Reading

How To Avoid Taxes From Your Restaurant LLC

Posted in Corporate Entity, Legislation, News, Recent Law Trends

For years, I have recommended that all restaurants should be operated as limited liability companies – that is no more! Recent tax changes have now made LLCs much less attractive. Instead, we now suggest that our restaurant clients should consider forming “S-corporations,” except in rare instances. See below for the details and for a way… Continue Reading

Ouch! The Payroll Tax Takes Its Toll!

Posted in Commentary, Legislation, News, Recent Law Trends

As many of you know, the payroll tax cuts recently expired, which reduced 2% of consumers’ take-home pay. That recently caused many retailers, including restaurants, to scale back prior expectations for revenue this year. Recall that in January in this article (click here to see it), we discussed the great outlook for restaurants for 2013… Continue Reading

The Top Five Consumer Myths About Restaurant Law

Posted in Employees & Waitstaff, Legislation, Liability, Recent Law Trends

One of the more entertaining aspects of restaurant law is dealing with consumer myths. We are consistently challenged by consumers over seemingly insignificant issues. However, for these restaurant customers, these issues are indeed significant, so we thought we would share their concerns. Whether you have dealt with these issues or not, this post should let… Continue Reading

Is Franchising The Only Key To Restaurant Success?

Posted in Contracts, Franchises, Franchising, Legislation, Liability, Litigation, Negotiation

We talk a lot here about franchising and for good reason. After all, many restaurant owners make great money by developing or buying into a great franchise concept. However, some restaurant owners take a  different approach: they develop their own brand and remain the key figure in each additional restaurant. Stephen Pyles is one such… Continue Reading

What To Know About Texas Alcohol Permits: An Industry Perspective

Posted in Alcohol, Commentary, Competition, Legislation, Liability, Negotiation, News, Vendors

Obtaining and dealing with alcoholic beverage permits requires a lot of time and effort, and it can be full of legal pitfalls as well. Sometimes you need a lawyer, but often an outside alcohol permit company can be more cost effective. As one example, we recently interviewed Nancy Scott, with Joe LaBarba Permit Service in… Continue Reading

Are Texas Restaurants Required To Serve Free Water?

Posted in Alcohol, Competition, Franchises, Legislation, Litigation, Recent Law Trends

One of our dedicated blog followers recently asked whether Texas restaurants are required to serve water without charge. I had heard for years that this was a law, but since I did not already know the answer, I looked into this further. The results were surprising. It seems that at least at the state level,… Continue Reading

The Best of TexasRestaurantLaw.com 2009

Posted in Acquisitions, Alcohol, Commentary, Contracts, Corporate Entity, Employment, Franchises, Immigration, Intellectual Property, Legislation, Litigation, Negotiation, News, Recent Law Trends, Vendors

  We couldn’t close out the year without a “Best of 2009″! Here’s the best TexasRestaurantLaw.com content of the year, based on your enthusiasm via comments, links, and retweets. We thank you all for your continued support! Let’s get started: Recent Nutrition Law Trends – This will likely be a continued source of legislation on… Continue Reading

Could Your Salary Get Slashed by the Compensation Czar?

Posted in Commentary, Legislation, News, Recent Law Trends

In response to criticism regarding bonus pay for executive officials of companies receiving government pay-outs, the Obama administration recently appointed Kenneth Feinberg to regulate the pay of 175 top executives at seven companies receiving levels of government TARP funds not offered to other institutions. Feinberg, who is being referred to as the “Compensation Czar,” is… Continue Reading

Texas Legislature Leaves Restaurant Industry Alone

Posted in Alcohol, Commentary, Immigration, Legislation, News, Recent Law Trends

Everyone in the restaurant industry should know what new laws affect them. This last legislative session addressed a variety of laws from immigration to fat and smoke, and the this article provides those results. The latest session of the Texas Legislature ended on June 1, 2009. Comprising the 81st Session of the Legislature, Texas lawmakers… Continue Reading

Smoke & Fat: What Texas Restaurants Need to Know in ‘09

Posted in Commentary, Legislation, News, Recent Law Trends

Laws in Texas are changing about what restaurants serve and what they allow from their patrons. Understanding of these trends now could be the difference between prosperity and destruction for Texas restaurants in the coming years. Smoke As reported here several weeks ago in “Where There’s Smoke . . . You’re Not In Dallas ”… Continue Reading

Texas Legislature Says, “Trim the Fat” (Trans Fat, That Is)

Posted in Legislation, News, Recent Law Trends

By: Matthew Sanderson With the support of the Texas Restaurant Association, the Texas legislature is “pressing for legislation that would phase in bans of trans fats in restaurant foods,” according to a recent Dallas Morning News article published on April 6, 2009 and found at this link. The two key proponents of the bills are… Continue Reading