Our firm has developed an expertise in the Hospitality industry. Our Unique Hospitality Law Group addresses all of the vast regulatory, compliance, and important legal and business issues relevant to the hospitality industry.

Developing a successful restaurant, hotel, club or bar – whether it includes a single unique site or partnering with a chain, requires a sophisticated business and legal analysis. Our Attorneys have extensive experience in every phase of restaurant and lodging development, from assisting with site selection and approvals, choice of the business entity most advantageous for tax purposes, drafting and negotiating leases, to obtaining the necessary licensing and permitting to open and operate a successful establishment.

We understand the interrelated nature of federal, state and local regulations governing all aspects of the hospitality industry, and tailor our representation to meet the unique needs of each client within the business environment each of them must navigate. We have represented many businesses in all phases of their operations, including leasing, incorporation, licensing, franchising, alcohol compliance, premises liability, food and beverage liability claims and litigation involving a myriad of business issues. We even help with raising capital.

Unique to JSBarkatsPLLC, the hospitality law group operates under the same fundamental principles as the rest of our firm – No more hourly rates, or “Cold Blooded Billers” we created a new business model, where all of our fee structure is flat, and milestone based. We perform and get paid upon achieving those common goals, allowing us to become true team members with our clients.

We therefore created a flat fee monthly package deal for restaurants, bars, hotels, and clubs.

We currently represent some of the strongest restaurants in NYC metropolitan area, some franchises and chains, as well as hotels nationwide.

Because we have exceptional attorneys and many different practice areas, our hospitality law package offers many services including but not limited to:

I. Corporate and General Business Law

  • Entity Formation and Incorporation
  • Creation of Additional Entities
  • Draft of basic Operating Agreements
  • Draft of Partnership Agreement
  • Annual Board Meetings Draft of Joint Marketing Agreements*Governance,
  • Compliance, and Risk Management Review and Renegotiate Vendor Agreement Terms

II. Intellectual Property Protection

  • Drafting, Filing and Prosecution of Applications to Register a Copyright†
  • Drafting, Filing and Prosecution of Federal Trademark Applications†
  • Multiple-Class Trademark Searches and Applications*
  • Performance and Analysis of “Basic” Trademark Searches
  • Preparation “Cease and Desist” Letters and Related Representation (Up to Litigation)

III. Labor and Employment Law

  • Provide with a tailored Employee Manuals
  • Specific Employment Agreements for Chefs
  • Create a Non-Compete/Non-Circumvent Agreements for Chefs and Management
  • Review Wage policy and structure to comply with legal requirements

IV. Real Estate and Licensing Services

  • Catering Establishment Licenses
  • Cabaret Licenses (Dancing)
  • Liquor Licensing
  • Renegotiate Terms of Lease
  • Negotiation of Additional Space and Drafting of Corresponding Documents
  • Semi-Annual Evaluation of Space Needs
  • Sidewalk Café Licenses
  • UCC-1 Filings

V. Tax Services

  • Quarterly Review of Employment Taxes for Compliance
  • Quarterly Review of Sales Taxes for Compliance
  • Responding to Tax Notices (Up to Audit)
  • Review of Employment Agreements for Reclassification Issues
  • Semi-Annual Meeting to Discuss Tax Consequences of Business
  • Tax Registration for Restaurants/Locations Entering New States
  • Employment Tax Audit
  • EmTRAC Tip Reporting Program Set-up
  • Common Paymaster Set-up
  • Obtain Employee Classification Settlement from the IRS
  • Reverse Sales Tax Audit
  • Tax Treatment of Up-Front Payments on Supplier Contracts

We work aggressively to advocate for our clients’ interests, and to minimize risk in a complex, continually changing regulatory and legal environment.

(Some Items do not include administrative fees.)

With any inquiries in this field please contact us at Info@JSBarkats.com

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