Restaurant & Bar Regulations and Licensing

Contact Neufeld Legal PC for restaurant/bar legal matters at 403-400-4092 / 905-616-8864 or Chris@NeufeldLegal.com

The restaurant and bar business finds itself subject to considerable government regulations and licensing requirements. With the public and legal concerns associated with everything from food quality to alcohol service to the broadcasting of pay-per-view events and music, combined with various levels of government having taken it upon themselves to stipulate an extensive array of conditions when the public patronizes an establishment, the ownership and management of restaurants and bars have considerable legal obligations to comply with.

Unfortunately, the legal difficulties for most restaurants, bars and nightclubs arise from their failure to institute proactive measures to insure compliance with the current regulations and licensing requirements. For unlike the far lower cost associated with keeping one's business in compliance, the costs involved in dealing with a regulatory or licensing violation can be quite substantial. And those costs might not be limited to significant monetary fines and penalties, but can also result in major damage to the establishment's reputation and even the closure of the business, whether it be temporary or permanent. As such, it makes a lot of sense to protect against such violations, but when they do occur, it is imperative that you retain knowledgeable legal counsel to represent your business in this important legal fight.

The scope of our regulatory legal work for restaurants and bars includes:

A. Licensing and Permitting

• Initial Applications: Assisting with the application process for all necessary operational licenses and permits (e.g., general business license, food service license).

• Liquor Licensing:

  • Applying for, renewing, and transferring liquor licenses (e.g., on-premises consumption licenses).

  • Navigating different license classes based on the type of alcohol, location, and primary business activity.

  • Addressing objections to license applications.

  • Advising on compliance with rules regarding the sale, service, and promotion of alcohol (e.g., minimum drinking age, responsible service, closing hours).

• Other Specialized Permits:

• Obtaining permits for things like:

  • Outdoor seating/patios.

  • Live music, entertainment, and broadcasting of events (e.g., music licensing/performing rights).

  • Signage and construction/renovations (e.g., building and fire codes).

B. Health, Safety, and Accessibility Compliance

• Food Safety and Health Codes: Advising on compliance with health department regulations regarding food handling, storage, preparation, and hygiene. Representing clients during health inspections and in response to violations or closure orders. Ensuring mandatory food handler certification requirements are met.

• Occupational Health and Safety: Developing and implementing workplace safety programs to comply with regulations, including fire safety, injury prevention, and equipment use. Assisting with reporting serious workplace injuries and maintaining required records.

C. Employment and Labor Law

• Wage and Hour Compliance:

  • Advising on minimum wage and other requirements of the applicable employment standards legislation.

  • Ensuring compliance with overtime laws (daily and/or weekly limits).

  • Drafting policies on breaks, rest periods, and scheduling.

  • Handling issues related to deductions from employee wages.

• Employment Standards: Advising on legal requirements for hiring, termination, notice periods, and unpaid, job-protected leaves of absence.

• Discrimination and Harassment: Developing and enforcing anti-discrimination and anti-harassment policies to ensure an inclusive work environment.

• Classification: Determining proper classification of workers as employees vs. independent contractors.

As a business lawyer experienced in the operational side of the restaurant business, we have the ability to integrate invaluable practical experience and knowledge when advising restaurant clients, both franchised and independently owned. There is simply nothing better than first-hand experience when providing restaurant and bar clients with professional business and legal advice.

For knowledgeable and experienced legal representation in starting, operating and managing a restaurant or bar, together with a raft of legal intricacies and dilemmas that may arise, contact restaurant lawyer Christopher Neufeld at 403-400-4092 [Alberta], 905-616-8864 [Ontario] or Chris@NeufeldLegal.com.

Start-Up  |  Ownership  |  Buy/Sell Business  |  Contracts  |  Franchises  |  Lease  |  Financing  |  Operations  |  Employment  |  Regulation  |  Dispute

Contact us via email at chris@neufeldlegal.com or call 403-400-4092 / 905-616-8864.