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The alcohol beverage business is one of the most heavily regulated industries in the United States. A wide variety of enterprises engage in the retail sale of alcohol beverages, including hotels, restaurants, bars, nightclubs, golf courses, fraternal organizations, private clubs, supermarkets, gas stations, convenience stores, amusement parks, public sports arenas, theaters, entertainment venues, museums, and universities.
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May 2024 /  View this email in your browser.

HospitalityLawyer.com® Newsletter Food & Beverage
Via QSR Magazine image: Chef cleaning after preparing food How Restaurants Can Develop a Proper Food Safety Program

The alcohol beverage business is one of the most heavily regulated industries in the United States. A wide variety of enterprises engage in the retail sale of alcohol beverages, including hotels, restaurants, bars, nightclubs, golf courses, fraternal organizations, private clubs, supermarkets, gas stations, convenience stores, amusement parks, public sports arenas, theaters, entertainment venues, museums, and universities. Yet, these diverse enterprises all have one thing in common: from the smallest mom-and-pop grocery store to the largest publicly held hotel chain, each business must be licensed by the appropriate governmental agency before selling alcohol.


Alcohol licensing in the U.S. is especially complex as every state has different laws and regulations governing the production, marketing, distribution, sale, and consumption of alcohol within its borders. Consequently, licensing in Alabama is different from the licensing process in Wyoming.

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Delivering the Digital Restaurant: California Wage Law Sends Ripples Through Restaurant Industry 

April 8, 2024 via Nation's Restaurant News

California's recent minimum wage law requiring large fast-food chains with more than 60 nationwide locations to pay $20 an hour has sparked significant repercussions throughout the state's restaurant industry. While aimed at increasing compensation for fast-food workers, the law's broader implications are reshaping dynamics across all eateries, from small diners to upscale establishments.

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Can Restaurant Hosts Share in the Tip Pool? Top 5 Questions for Employers that Take a Tip Credit

May 16, 2024 via Fisher Phillips

Many restaurants utilize tip pools to encourage teamwork, consistency, and customer-focused service – but you may be confused about who can and can’t participate in the pool. You feel confident that your servers and bartenders can share their gratuities with each other, though you’re not sure whether your hosts are considered “tipped employees” under the applicable federal and state laws.

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Red Lobster Mass Closings: Here's Where The Chain Is Abruptly Shutting Down StoresAnd Why

May 14, 2024 via Forbes

Red Lobster is shuttering more than 50 locations throughout the U.S., according to an auction notice from a liquidation firm, further cementing the seafood restaurant chain’s struggles as it reportedly considers bankruptcy fueled by a large debt load, executive turnover and losses that weren't helped by a problematic all-you-can-eat shrimp deal.

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Is a Taco a Sandwich? Indiana Judge Issues a Ruling After Years Long Restaurant Debate*


May 16, 202 via USA Today

Starting in 2019, Martin Quintana, the owner of Famous Taco, a Mexican-style restaurant that serves made-to-order burritos, tacos and other food items located about 125 miles north of Indianapolis, sought zoning approvals from the Fort Wayne Plan Commission.

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*To learn more about legally defining entities for leases and zoning disputes, review this HL Blog article below:

Via QSR Magazine image: three young baristas learning how to use an espresso machine Ask the Restaurant Legal Professionals: What to Know When Hirng Minors

The concept of a hospitality entity, such as a “restaurant” or “hotel,” is something that ordinary people (non-lawyers) have little difficulty describing, but which has long created a legal quandary for attorneys, courts, and legislatures. The struggle to specifically discern the nature of certain hospitality entities is the bane of hospitality law, particularly inns, hotels, and motels from the lodging segment, and restaurants, nightclubs, bars, and cabarets from the food and beverage spectrum…

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