Here at The Morris Law Firm, we are big advocates of our restaurant clients not doing things piecemeal when it comes to opening their new locations. For example, we think it is big mistake to pick a location, set up a new business entity, negotiate and sign a lease, and then think about liquor licensing. We […]
Read more...Category: Bar and Restaurant Law
LLC or Corporation? How the Choice Can Effect your Maryland Liquor License.
One of the key questions we are often asked by startup restaurant businesses is what type of business entity the founders should form – a corporation or a limited liability company. There are multiple factors that go into the corporation vs. LLC decision, of course — taxation, management, liability protection, investment structure, etc. But […]
Read more...Corruption Case Makes Clear: Prince George’s County Must Do Away With Competitive Liquor Licensing Process
I just finished reading the plea agreement regarding a liquor licensing attorney in Prince George’s County who pleaded guilty to bribery on Friday. The underlying facts were that this attorney made payments to a public official to secure his assistance in influencing liquor licensing decisions. The statement of facts contains verbatim quotes, demonstrating that either […]
Read more...You Should Hire a Restaurant Real Estate Broker
We work with lots of clients who are thinking about opening their first restaurant, or who are in expansion mode. When I get one of these calls, among my first questions is “are you working with a broker?” If not, I always try to encourage them to call one of the many experienced restaurant real […]
Read more...Limiting the Personal Guaranty in Your Restaurant Lease
If you are getting ready to sign a restaurant lease, you are almost certainly being asked to provide the name of someone who will provide a personal guaranty of payment on the lease. This person, whether it be you yourself, or someone with whom you are associated, will be personally on the hook if the tenant (usually an […]
Read more...Prince George’s County Liquor Board Seeks 5 New Members, Cancels Upcoming Hearings
The Prince George’s County Liquor Board, which is already down to three members due to the resignation of its chairman (following a guilty plea in a DUI matter) and another member (following a bribery arrest) will get an entire new membership later this year. Pursuant to legislation passed in the recent 2017 Maryland General Assembly, […]
Read more...New Restaurant Location? Strongly Consider a New LLC.
I often say that opening a restaurant is like becoming a parent. It keeps you up late at night, it occupies most of your time and attention, it makes you worry whenever you leave it with someone else…. But like parenthood, restaurant ownership can also get easier over time. And, when it does, you may […]
Read more...Tough Market Makes a Good Restaurant Lease More Important than Ever
2017 has not been the easiest year for restaurants, particularly for sit down casual dining restaurants. Reports of store closures, missed earnings, and abandoned concepts have been a common occurrence this spring, as restaurants have tried to recover from its worst year since the recession. Even fast casual chains, which had been thought to be insulated […]
Read more...New Maryland Law to Cure Liquor Licensing Glitch
We wrote here last year about a glitch in Montgomery County liquor licensing laws that limited individuals to holding one beer & wine license in the county, whereas an individual could hold up to ten beer, wine & liquor licenses. This, of course, made little sense and caused any restaurant with more than one location […]
Read more...Can My Landlord Lease to One of My Competitors?
My family and I had dinner this past weekend at the newest location of a locally-based fast casual restaurant chain. It had a line nearly out the door and every table was full. After dinner we noticed that, in the same shopping center, was an existing restaurant serving the exact same type of food. It […]
Read more...