Friday, May 17, 2019 | 9:00 a.m. – 1:00 p.m.
| Program Chair: |
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 Louis Pechman |
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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 MembersMembers 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.
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Donald M. Bernstein
Bernstein Redo P.C.Amanda M. Fugazy
Ellenoff Grossman & Schole LLPJack A. Gordon
Kent, Beatty & Gordon LLPElke A. Hofmann
Elke A. Hofmann Law, PLLCJoseph Levey
Helbraun & Levey LLPVivianna 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
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CLE Credit
New York: 4.0 Professional Practice
New Jersey: 4.3 General
California: 4.0 General
Pennsylvania: 3.5 General -
Sponsoring Association Committees
Hospitality Law | David Helbraun, ChairSponsorship Opportunities are Available! Please Contact:
Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org______________________________________________________________