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Realizing your dreams of becoming a restaurateur is fun and exciting, but before you begin welcoming patrons, it’s important to ensure your business is set up for success. From acquiring the right licenses to hiring employees and selecting an entity, there are various considerations you must address while your restaurant is still in the startup phase. Working with an attorney who specializes in corporate law will mitigate your risk of future financial and legal burdens. Here are a few of the critical elements of founding a restaurant that lawyers will help with. 

3 Key Legal Steps to Starting a Restaurant

1. Obtaining Licenses & Permits 

The New York State Department of Health requires all restaurateurs to obtain a Food Establishment Permit from the appropriate local health authority. This must be done at least 21 days before your restaurant starts serving customers. It may be necessary to obtain other licenses and permits, such as a liquor license, depending on the specific type and location of your dining establishment. A corporate law attorney will create a full list of licenses and permits you need and help ensure your paperwork is properly filed. 

2. Complying With Employment Law 

corporate lawFederal and state laws strictly regulate employment. As an employer, you must comply with all legislation governing minimum wage, tipping, overtime, tax withholding, workers’ compensation insurance, and hiring practices. Make sure you are adequately informed when it comes to employment laws regarding these issues, as a violation can result in substantial financial loss. 

3. Selecting Entity Type 

Before starting your restaurant, you’ll also need to choose a business entity, such as a sole proprietorship, corporation, or LLC. Your selection will have a significant impact on your tax and debt obligations, as well as how much protection you have from personal liability. A corporate law attorney will help you decide which option will be most beneficial for your establishment. 

 

These concerns play an integral role in the day-to-day operations of your restaurant. The highly skilled attorneys at MacVean, Lewis, Sherwin & McDermott, P.C. are knowledgeable in a wide range of legal matters, including those that fall under the purview of corporate law. As one of the oldest firms in the Hudson Valley, NY, area, they have the experience to help you navigate the complex rules and regulations associated with opening a restaurant. Call (845) 343-3000 to schedule a consultation or visit them online to learn more.  

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