Opening a restaurant is an opportunity to share your culinary gifts, serve the public, and make a nice living in the process. But, as with any business, there are legal considerations to bear in mind as you go about the planning process. Working with an attorney will ensure you follow the law while protecting yourself. Here are five legal aspects to consider as you plan your restaurant.

What Should You Consider When Opening a Restaurant?

1. Business Structure

The business structure you choose affects taxation and your personal liability, which is a concern for any restaurant owner. This is because there will be a high volume of customers and employees moving throughout the space, and accidents can happen. 

A limited liability company is a popular business structure for restaurants. In this arrangement, the business, rather than the owner, is held legally responsible for damages.

2. Zoning

Be aware of zoning laws, as there are certain locations where you can't build a restaurant. Some areas are designated for residential use only, others for commercial use, and a few are for a combination of both. Your attorney will help you understand local zoning laws and ordinances to identify the most optimal location for the restaurant.

3. Licenses & Permits

You will need to acquire a few permits before opening your doors. These include liquor licenses, food handling certifications, and approvals from your state's Department of Health. An attorney will help you get the necessary permissions and explain the application processes involved in each.

4. Intellectual Property

Intellectual property laws protect the aspects of your restaurant that are uniquely your own. The business name, tagline, and original recipes are just a few of the things your lawyer can safeguard with proper registration or trademarking.

5. Health & Safety

There are two main aspects of health and safety when running a restaurant. First, you need to comply with local health regulations to guarantee your kitchen is safe and sanitary. This ensures customers are served properly handled and prepared foods. 

Second, you need to protect your employees by following the standards set by the Occupational Safety and Health Administration. A lawyer will guide you through the necessary steps of providing a safe, hygienic environment for both staff and customers.

Start the restaurant planning process off on the right foot by contacting Donald L. Spafford, Jr., Attorney at Law. With more than 30 years of experience, he serves clients throughout Honolulu, HI. He offers legal support in business planning and other commercial law issues, as well as in personal and commercial bankruptcy claims. Call (808) 532-6300 to schedule a consultation, or visit his website to explore his services.