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Texas Restaurant Law

Tag Archives: Texas restaurant

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

What’s The Best Way To Pass On A Restaurant At Death?

Posted in Asset Protection, Corporate Entity, Estate Planning, Real Estate

Most restaurant owners want to provide for their families when they die and protect their assets from liability. However, there are issues if the owner just conveys the real estate in a Will. To avoid these issues, restaurant owners should instead consider passing down interests in their companies and placing each piece of underlying real… Continue Reading

Restaurant Non-Competes: Are They Worth It?

Posted in Contracts, Employees & Waitstaff, Employment, Liability, Litigation, Recent Law Trends

A funny thing happened recently. When Lauren Drewes Daniels at The Dallas Observer featured TexasRestaurantLaw.com last week at this link, a controversy ensued between folks that commented on the article. The dispute involved whether non-competes were valid and enforceable in Texas. Apparently, it is a common myth that non-compete agreements are not enforceable in Texas,… 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

The Top 5 Considerations Before Buying A Restaurant

Posted in Acquisitions, Commentary, Franchises, Franchising, Liability, Negotiation

Despite the “Great Recession”, the restaurant industry continues to thrive. One of the latest great examples of this is the expansion of Asian cuisine. For instance, a new franchise concept called Mama Fu’s is set to open 14 new restaurants in the Dallas area alone over the next several years, according to this article from… Continue Reading

5 Top Strategies For Protecting Your Restaurant And Personal Assets

Posted in Contracts, Corporate Entity, Liability, Litigation

How safe are the assets in your restaurants? Are you personally liable for your restaurant’s liabilities? These are two of the most common questions we get from our restaurant owner clients, so we thought we would share five of the top strategies we use to shield our restaurant owners from liabilities at their restaurants, which… Continue Reading

Is Your Restaurant Recipe Safe?

Posted in Acquisitions, Contracts, Franchises, Franchising, Intellectual Property, Liability, Litigation

Did you know that KFC uses two different companies to blend the herbs and spices that make up its secret recipe? One company blends part of the spices, the other blends the remaining spices, and a computerized processor mixes them together so that neither company knows the full recipe. Like the Colonel, you may have… Continue Reading

A Fight Broke Out At My Restaurant – Am I Liable?

Posted in Liability, Litigation, Real Estate, Recent Law Trends

Whether a restaurant or its owner is liable for restaurant fights depends. “Depends on what?” you ask. Let me tell you by asking and then answering the following questions: What Did The Police Say? No one can escape personal liability for their own, direct actions. No amount of insurance, legal maneuvering, or other actions will… Continue Reading

Restaurant Trade Fixtures And Equipment – What Belongs To You And What Belongs To The Landlord?

Posted in Acquisitions, Contracts, Liability, Litigation, Real Estate

Co-Authored by Matt Sanderson & Lindsey Postula THE MYSTERIOUS TRADE FIXTURE What are trade fixtures? Trade fixtures are the equipment that a tenant uses to operate its business. Although they are not considered to be real property (which means they don’t fall into the definition of fixtures), they are generally attached to the leased premises… 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

How To Finance Your Restaurant Purchase

Posted in Acquisitions, Contracts, Franchises, Franchising

The recent economic struggles have given rise to a host of financing opportunities, and you should consider them all when buying your restaurant. Traditional Financing It’s no surprise that you can go to a bank to finance a restaurant purchase, but which bank and what are your options? These are hard questions. Traditional financing is… Continue Reading

Which Restaurant Franchise Is Right: Fast Food, Fine Dining, or Somewhere In Between?

Posted in Acquisitions, Competition, Contracts, Franchises, Franchising, Liability

We’ve talked a lot about franchises in prior posts. Assuming you have decided that a franchise is in your future, how do you know which type is right for you? This question comes to us quite a bit, so here are some thoughts to consider in each of the common types of franchises: Fast Food… Continue Reading

Is a Celebrity Spokesperson the Right Fit For Your Restaurant?

Posted in Commentary, Contracts, Franchises, Recent Law Trends

Celebrity spokespeople often increase retail brand awareness and, thus, boost sales. However, the extent of this sales boost may come as a surprise. Consider, for example, Troy Aikman’s sponsorship of the Wingstop restaurant group. According to the Dallas Business Journal, Wingstop reported 23 consecutive quarters of same-store sales increases since Aikman first appeared as a… Continue Reading

Restaurant Industry’s Outlook Finally Improving

Posted in Commentary, News

The National Restaurant Association (NRA) released its Restaurant Improvement Index (RPI) stats for April 2009. You can find the complete statistical report on the NRA’s website by following this link. The NRA explains, “The Restaurant Performance Index is constructed so that the health of the restaurant industry is measured in relation to a steady-state level… 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

Immigration Survival For Restaurants: Top 5 Tips To Avoid Jail

Posted in Immigration, Litigation, News, Recent Law Trends

Can your business survive a sizable fine by the Immigration and Naturalization Service (“INS”)? Can you survive jail time for failing to adhere to immigration rules? If you answered no to either question, then take the following advice and implement it today. 1. Complete I-9 Forms. This may sound like a “no-brainer,” but it can… 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

Chili’s And Curves Team Up in Joint Marketing Campaign

Posted in News

By: Matthew Sanderson On April 7, 2009, the Triangle Business Journal posted an article, found at this link, showing that Chili’s and Curves are teaming up to “target casual diners who seek healthy fare.” Chili’s is operated by Brinker International (NYSE: EAT), which is a Dallas, Texas based operator of restaurant chains. According to the… Continue Reading

Bad Economy Hits Restaurants in Texas

Posted in Commentary, News

By Matthew M. Sanderson As most of us know all too well, the global economic downturn has hit everyone, and based on a recent article by the Dallas Morning News, found at this link, restaurants that offer alcohol are hurting, too. According to the article, “For 2008, the number of restaurants, bars and liquor stores… Continue Reading

Alcohol Permits and Changes in Control

Posted in Alcohol, Contracts

By Matthew M. Sanderson How does the change in control of a restaurant that sells alcohol affect its alcohol permit? This question comes up time and again, and there are no easy answers. In general, this question occurs when a restaurant changes ownership and the new owner needs an alcohol permit. With the drastic speed… Continue Reading

Rep Agreements and The Manufacturer Representative’s

Posted in Contracts

By Ralph Perry-Miller Within the restaurant industry, many products are sold through manufacturer representatives and sales representatives. Often these sales representatives are compensated for their efforts through payment upon a commission program which is based upon a percentage of the dollar amount of orders for product or merchandise sold within a defined geographic territory. While… Continue Reading

Personal Guarantees of Corporate Obligations: The Devil is in the Fine Print

Posted in Contracts

By Ralph Perry-Miller When entering into new vendor relationships, signing real estate and equipment leases, or merely turning in a credit application, you likely just unknowingly took on the liability personally. One of the most ignored and financially devastating acts are the routine execution of documents which either expressly or deceptively contain personal guaranties of… Continue Reading