Opening a Restaurant in New York City:
Legal Issue Bootcamp

Friday, May 17, 2019 | 9:00 a.m. – 1:00 p.m.


Program Chair:

Louis Pechman

Louis Pechman
Pechman Law Group PLLC

  • This program will focus on the corporate, real estate, liquor license, and labor/employment issues involved in opening a restaurant in New York City. Learn about the choices of legal entity to form for restaurant projects, investment and management structures, purchase and sales transactions and transfer liability. Review buy vs. lease issues, build outs, provisions regarding including assignment, contingencies, and guarantees. Find out the requirements for obtaining on and off premises liquor licenses and how to navigate the process and procedure before the New York State Liquor Authority and the local Community Boards. Learn about overtime, sex harassment policies, spread of hours, the 80/20 rule, tip credit, non-compete restrictions, and other essential labor and employment issues.

    Live Program & Webcast: $199 for Members | $299 for Nonmembers
    In-House Counsel: Free for Members | $219 for Nonmembers
    Small Law Firm: $99 for Members

    Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2017-2019), In-House/Corporate Counsel, Judges (and their staff who are also members), or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.


  • Donald M. Bernstein   
    Bernstein Redo P.C.

    Amanda M. Fugazy
    Ellenoff Grossman & Schole LLP

    Jack A. Gordon
    Kent, Beatty & Gordon LLP

    Elke A. Hofmann
    Elke A. Hofmann Law, PLLC

    Joseph Levey
    Helbraun & Levey LLP

    Vivianna Morales
    Pechman Law Group PLLC


  • 9:00 a.m. – 9:10 a.m. Introduction & Overview

    Jack A. Gordon

    9:10 a.m. – 10:05 a.m. Corporate Considerations When Starting a Restaurant

    • Organizational structures for restaurants – from startup to restaurant group
    • Terms for investments in restaurants and restaurant groups and availability of crowdfunding
    • Shareholder/Operating/Partnership Agreement
    • Acquiring assets or equity of an existing business

    Elke A. Hofmann

    10:05 a.m. – 10:55 a.m. Real Estate Issues

    • Use clauses
    • Rent concessions and time needed for build outs and approvals
    • Operational aspects of a restaurant, including noise, odors, garbage, etc.
    • Lease contingencies, including liquor license approval
    • Good Guy Guaranties
    • Alterations and casualty provisions
    • Assignment and default provisions

    Donald Bernstein

    10:55 a.m. – 11:10 a.m. Break
    11:10 a.m. – 12:00 p.m. Liquor License Issues

    • Factors to consider when deciding on a license type and/or location for your business
    • Types of Licenses
    • Licensability of individual(s)
    • Licensability of location (includes 200’ Rule , 500’ Rule and use discussions)
    • Public Interest/Community Component of the Process

     Joseph Levey

    12:00 p.m. – 1:00 p.m. Labor and Employment Considerations

    • Wage Notices, minimum wage and overtime issues
    • I-9 Compliance
    • Hospitality Wage Order
    • Sex harassment policies and recommended best practices

    Amanda Fugazy and Vivianna Morales


  • CLE Credit
    New York:
     4.0 Professional Practice
    New Jersey:
     4.3 General
    California:  4.0 General
    3.5 General


  • Sponsoring Association Committees
    Hospitality Law | David Helbraun, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 |