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Hospitality

Issues facing the hospitality industry are as varied as the businesses themselves. Tucker Arensberg brings together attorneys who practice in labor and employment, corporate, real estate, construction law and intellectual property.

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Issues facing the hospitality industry are as varied as the businesses themselves. From purchasing land or leasing real estate and securing a liquor license, to ensuring that your business complies with state and federal employment wage and hour regulations, to drafting management agreements, hospitality clients can face a multitude of daunting legal challenges.

Tucker Arensberg brings together attorneys who practice in labor and employment, corporate, real estate, construction law and intellectual property. We assist with the acquisition or sale of liquor licenses, navigating complex regulatory schemes, and handling labor and employment issues. We also help to secure financing, acquire or sell assets and create, negotiate and enforce franchise agreements.

We represent:

  • alcohol distilleries, beer breweries and wineries
  • fine dining establishments
  • multi-concept restaurant groups
  • regional food chains
  • quick-service restaurants
  • food service providers
  • private club operators
  • hotel and resort operators
  • night club operators

Services

In a climate of increasingly complex workplace regulations that can have a profound effect on the hospitality industry’s workplace, hospitality employers need strategies that result in productive and cost-effective business outcomes. From employee relations and discrimination claims to employee benefits, Tucker Arensberg offers timely, creative and aggressive advice and solutions that resolve — or prevent — disputes and costly litigation.

Liquor Licensing

The alcohol industry is heavily regulated at both the state and federal levels, and it can be difficult for alcohol manufacturers, retail licensees, and distributors to navigate these laws and regulations without knowledgeable counsel. The alcohol industry is dynamic, and licensees need reliable information and guidance when faced with the legal and regulatory issues that impact their operations.

Tucker Arensberg regularly monitors the news, legislation, Liquor Control Board Advisory Opinions, and court decisions in order to keep our clients informed and to advise them on any potential impact to their business.

Labor & Employment

  • Wage and hour matters (e.g. tipping, meal break, and overtime compliance)
  • Union/management relations, including contract negotiations, grievance handling, and arbitrations
  • Implementing comprehensive pre-hire and new-hire procedures particular to hospitality employers
  • Drug testing
  • Employment litigation
  • Violence in the workplace
  • Restrictive covenants, including non-competes, no-solicitation provisions, post-employment covenants
  • Implementing non-union programs
  • Anti-discrimination and harassment programs

Corporate

A century of business representation has given Tucker Arensberg a wealth of experience in corporate formation, management, growth, acquisitions, and transfers. Our attorneys focus on the particular requirements, challenges, and opportunities of our hospitality clients’ businesses, striving to practice law that is both creative and preventative. We continue to expand our general counsel relationships with hospitality companies, while also increasing our activities to startups and clients in emerging industries.

Our Services

  • New entity formation
  • Contracts review and drafting
  • General business representation and guidance
  • Preparation of management and licensing agreements
  • Private financing
  • Acquisitions and divestitures
  • Negotiation, documentation, and completion of mergers and acquisitions
  • Purchases, sales, and other transfers of business interests
  • Reorganization and restructuring of enterprises
  • Negotiation and preparation of commercial and business agreements

Intellectual Property

Our attorneys work closely with our hospitality clients to protect emerging areas of “work product” including signature dishes and traditional IP build-out and protection, such as patents, trademarks, copyrights, and trade secrets.

Our Services

  • Trademark, design, and utility patent portfolio development and enforcement
  • Trade secrets

Real Estate

Tucker Arensberg’s real estate practice includes seasoned attorneys with deep experience in the hospitality industry. We combine skilled insight, personalized service, and contacts throughout the industry to help our clients achieve their objectives. Our clients are a diverse group of restaurants, hotels, management companies, and lenders. We can leverage our breadth of industry experience to make your next project a success.

Our Services

  • Acquisitions and sales
  • Financing
  • Zoning and land planning
  • Tax assessment, appeals, and exemptions
  • Municipal code compliance
  • Environmental issues
  • Contractors’ and architects’ contracts

We have the capabilities that support the full lifespan of your hospitality business from start-up to transfer of ownership.

Hospitality Graphic Walking through the business cycle from Start-up to Transfer of ownership.

Representative Experience:

  • Provided on-going counsel to regional food and beverage chains and single-location restaurants on a wide array of legal matters, including liquor license transfers, drafting and negotiating commercial leases, vendor contracts, and asset purchase agreements.
  • Represented restaurant in a successful inter-municipal transfer of a retail liquor license to a previously “dry” Borough. This liquor license was the third of its kind ever transferred to the municipality.
  • Represent Pennsylvania liquor licensees in non-renewal hearings and citation hearings before the PLCB and BLCE.
  • Represented seller in forced sale of membership interest in LLC which operates a regional brewery which included intense negotiations over the valuation of membership interest.
  • Assisted bars, restaurants, and breweries in obtaining zoning and land development approvals.
  • Represented a franchise start-up hospitality company in negotiations with a national real estate investment landlord to lease a 2,000 square foot unit at a strip mall.

Testimonials

Below are a few hospitality client testimonials:

Barry Nelson and the team at Tucker helped us with all aspects of the legalities of opening and operating our restaurant, including formation, financing, employment, leasing and liquor license transfers. Sure, we were confident in our abilities to run day-to-day business, but we were certain that we needed expertise, guidance and foresight that Tucker Arensberg has proven to possess when situations arose that were (in most cases) out of our control.  We opened our restaurant at the height of the pandemic, a very uncertain time for most everyone, especially those in the restaurant industry. There were some defining moments that we were able to push through with exceptional advice, not only in the legal sense, but in business practice. We have found them steering us towards the correct path to grow as an organization beyond just sound, calculated legal advice.

Professionalism and thoroughness are at the forefront with Tucker Arensberg.  You can rest assured that your interests are held in the highest regard, regardless of scale of the situation, you will have the peace of mind knowing that you have a team of experts in your corner, equipped to help you navigate even the murkiest of waters. I have already recommended Tucker Arensberg to others and will continue to highly recommend to anyone seeking the best.

Alex Feltovich and Cory Hughes, Co-Owners of Fig & Ash Wood Fire Kitchen

 

My family has operated our small, rural restaurant and convenience store for 4 generations and nearly 85 years. When we decided we wanted to obtain a liquor license in order to sell beer to our patrons we didn’t know where to start. After a bit of internet searching, I came across Daniel Conlon at Tucker Arensberg, who specializes in this area. I called Dan out of the blue and from the start he was incredibly knowledgeable and generous with his time and advice. Dan, along with Michele Connor, helped us through each step of the process and they were always quick to respond to our questions. They made the process as smooth as possible, and they were a pleasure to work with. We would highly recommend their services and look forward to working with them in the future.

Nathan Fry, Owner, Fry Brothers Turkey Ranch and Mini Mart

 

I have been working with Barry Nelson from Tucker Arensberg for over a decade, utilizing his expertise in all facets of my business. Barry has set up various business and personal contracts, operating agreements, negotiations, and lease structures. He has aided in state, federal and local guidelines, as well as referred other Tucker Arensberg attorneys to handle labor laws, human resources and litigation. Overall if Barry is not the expert in one area, he has the internal resources to guide you for the best legal advice possible.

I have recommended numerous friends and colleagues who are all now Tucker Arensberg clients as well.  Couldn’t recommend them enough! They give accurate, professional, fair, and intelligent advice and guidelines.  

Brian and Jessica Pekarcik, Co-Owners at Local Provisions

 

Daniel Conlon was very helpful and professional assisting us acquiring a liquor license for our business. It was a lengthy and bureaucratic process, but Daniel made the road a bit easier to navigate with his expertise and guidance. 

Keyla Nogueira, Chefpreneur, Casa Brasil – Bar & Restaurant

 

Daniel Conlon and his skilled team of lawyers are my trusted legal advisor. I hired Daniel because he speaks Spanish fluently and knows how to explain complex legal matters in a way that I can understand.  I’ve leaned on Daniel’s legal expertise to open multiple real estate and restaurant businesses.  I appreciate Daniel’s responsiveness, as well as that of his colleagues.  I highly recommend Daniel and his law firm to anyone else in the hospitality industry.

Juan M. Grimaldo, Owner of Totopo Mexican Restaurant and Mas Taco, LLC.

Serving our clients successfully since 1900

The same attributes that have anchored over a century of success are still our guiding principles today.

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