Operating a bar or restaurant in North Carolina presents unique legal challenges and opportunities. Our law firm is dedicated to providing comprehensive legal services tailored to the needs of bar and restaurant owners. Below, we outline the key areas where we can assist you in navigating the complex regulatory and business environment.
1. Alcohol Licensing and Compliance
- ABC Permits: We assist in obtaining and maintaining Alcoholic Beverage Control (ABC) permits, ensuring compliance with C. Gen. Stat. § 18B-305, which governs the sale of alcohol, including prohibitions on sales to intoxicated persons and other regulatory requirements.
- Permit Transfers and Renewals: While ABC permits are non-transferable, we can guide you through the process of obtaining new permits in the event of ownership or location changes.
- Regulatory Compliance: We provide counsel on compliance with administrative regulations, such as prohibitions on allowing intoxicated persons to consume alcohol on licensed premises, as discussed in.
2. Zoning and Land Use
- Special Use Permits: Bars and nightclubs often require special use permits to operate. We can assist in obtaining these permits and ensuring compliance with local zoning ordinances
3. Employment Law
- Wage and Hour Compliance: We ensure compliance with state and federal wage laws, including tip pooling arrangements.
- Discrimination and Harassment: We help you implement policies to prevent workplace discrimination and harassment, and we can assist with the investigation if allegations are made.
4. Business Formation and Structuring
- Business Formation: We assist in forming limited liability companies (LLCs) or corporations to protect your personal assets from business liabilities.
- Operating Agreements: We draft and review operating agreements to govern the internal affairs of your business.
5. Contracts and Transactions
- Lease Agreements: We negotiate and draft commercial leases to secure favorable terms for your bar’s location.
- Franchise Agreements: If you are part of a franchise, we can review and negotiate franchise agreements, ensuring your rights are protected.
6. Liability and Risk Management
- Premises Liability: We advise on maintaining safe premises to minimize liability risks, as North Carolina law requires bar owners to exercise reasonable care for lawful visitors.
- Dram Shop Liability: We advise on preventing dram shop liability, something that occurs when your employees serve an intoxicated customer who then injures a third party.
7. Trademark and Branding Protection
- Trademark Registration: We assist in registering and protecting your business’s name and logo for applicable trademark and copyright protections.
- Enforcement: We enforce your intellectual property rights against infringement, including cases where secondary meaning has been established for your brand.
8. Health and Safety Compliance
- Food and Beverage Regulations: We ensure compliance with health and safety standards under C. Gen. Stat. § 130A-248, including sanitation requirements for food and drink establishments.
- Outdoor Grilling and Food Preparation: If your bar or restaurant uses outdoor grills, we ensure compliance with specific criteria for their operation.
9. Dispute Resolution and Litigation
- Whether it involves contract disputes, employment claims, or regulatory enforcement actions, we provide skilled representation to protect your interests.
Why Choose Us?
Our firm combines deep knowledge of North Carolina’s legal landscape with a commitment to personalized service. We understand the unique challenges faced by business owners and are here to help you succeed. Rather than require you to visit us, we will come to you, learn about your business first-hand, and provide individualized feedback and suggestions for your business’s needs. We operate as a partner for your business rather than using a one-size-fits-all template, ensuring that nothing gets missed and that you do not incur needless expenses or time-wasting on suggestions that do not apply to you specifically.
We would be delighted to discuss how we can support your business. Please contact us here to schedule a consultation.
