Hospitality, Food & Beverage

Commercial leases for restaurants and hospitality businesses are long-term commitments with significant financial exposure on both sides. Disputes over CAM charges, lease termination, build-out obligations, exclusivity clauses, and renewal rights are common, and the outcome almost always turns on the specific language negotiated at signing.

We negotiate commercial leases for restaurants and hospitality businesses, addressing build-out obligations, rent escalations, exclusivity clauses, renewal rights, and termination provisions. The lease you sign today defines your occupancy costs and operational flexibility for the life of the agreement, and having legal counsel at the table during negotiations changes the outcome.

• CAM charge disputes and audit rights
• Build-out obligation and landlord contribution disagreements
• Exclusivity clause violations by landlords
• Early termination rights and lease assignment conflicts

Food and beverage businesses depend on a consistent supply chain of vendors, distributors, and suppliers. When a key supplier fails to deliver, delivers substandard product, or disputes payment terms, the impact on operations is immediate. Managing these relationships through strong contracts protects the business from supply chain disruptions and payment disputes.

We draft and review vendor and supplier agreements that clearly define delivery obligations, pricing terms, quality standards, and dispute resolution procedures. A well-drafted supplier contract is the most effective tool for protecting a food and beverage business from supply chain disruptions and payment disputes.

• Late or substandard deliveries without clear remedies
• Pricing term disputes and exclusivity obligations
• Payment and credit term disagreements
• Missing quality standards and rejection procedures

Liquor licenses, food service permits, health department compliance, and local zoning requirements create a complex regulatory environment for hospitality businesses. A licensing violation or permit issue can result in suspension of operations, and navigating the regulatory landscape requires legal counsel who understands both the rules and the process.

We help hospitality businesses navigate licensing and regulatory requirements, including liquor license applications, food service permit issues, and local zoning compliance. When a regulatory issue arises, we assess the exposure, identify the path to resolution, and represent the business through the regulatory process.

• Liquor license application and renewal issues
• Health department compliance violations and response
• Zoning and land use compliance disputes
• Permit suspension response and reinstatement

Hospitality businesses employ large hourly workforces and face significant exposure under wage and hour laws, including tip credit rules, overtime calculations, and break requirements. Employment disputes in this industry are common, and the exposure from a single wage and hour class action can be significant enough to threaten the viability of the business.

We help hospitality businesses meet their employment law obligations, drafting employment agreements, advising on tip credit and overtime rules, and defending against wage and hour claims. Getting employment compliance right is especially important in the hospitality industry where large hourly workforces create significant exposure.

• Tip credit and tip pooling compliance violations
• Overtime miscalculation and minimum wage exposure
• FLSA collective action defense for hourly workers
• Wrongful termination and discrimination claim defense

Hospitality businesses that operate as franchisees or franchise their concept to others face a distinct set of legal issues, including franchise agreement disputes, royalty disagreements, and brand standards enforcement. Whether you are a franchisee dealing with a difficult franchisor or a franchisor protecting your brand, these disputes require experienced legal counsel who understands the franchise relationship.

We review and negotiate franchise agreements for hospitality businesses, whether you are entering a franchise relationship as a franchisee or expanding your concept as a franchisor. We make sure the terms are clear, the obligations are manageable, and the exit provisions protect your investment.

• Royalty payment and audit right disputes
• Brand standards enforcement conflicts
• Territorial encroachment by franchisors
• Franchise termination and non-renewal proceedings

Restaurant and hospitality businesses are frequently co-owned by partners whose relationships deteriorate over time. Disputes over profit distributions, management decisions, and ownership exits are common, and without clear governing documents and an experienced legal team, these disputes can consume the business and damage the brand.

We help hospitality businesses structure ownership arrangements, draft partnership and operating agreements, and resolve ownership disputes when they arise. Getting the governance structure right from the beginning, including profit-sharing, management authority, and exit provisions. Prevents the most common and most damaging disputes in the industry.

• Partner profit distribution and management authority disputes
• Co-founder exit and buyout disagreements
• LLC member deadlock and dissolution proceedings
• Missing or ambiguous operating agreement provisions

Hospitality businesses need legal counsel who understands the lease environment, the regulatory obligations, and the employment dynamics that define the industry. Pomeranz Law provides practical, business-focused legal counsel that understands how hospitality businesses operate and what they need to keep their operations protected.

• We understand the lease, licensing, and employment dynamics unique to hospitality businesses
• We negotiate leases that protect the business throughout the full term
• We defend wage and hour claims and advise on tip credit compliance efficiently
• Transparent, practical counsel without the overhead of a large firm