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Why Multi-Location Restaurants & Retailers in Florida Need Outside General Counsel (2025 Growth & Risk Playbook)

What Outside General Counsel Looks Like for Multi-Unit Operations

• Speed: Get green lights faster (openings, promotions, deals) with signable, commercial-friendly documents.
• Protection: Reduce wage/hour, licensing, and contract disputes before they start.
• Cash discipline: Turn contracts into cash—stronger collections, fewer chargebacks, cleaner vendor terms.
• Scale: Standardize playbooks so every new store opens cleaner and cheaper.

14 Areas Where General Counsel Adds Real Value

1) Real Estate: Site Selection, LOIs, and Leases

• Negotiate exclusive-use, co-tenancy, options, kick-out, assignment/sublet rights, and realistic delivery/garbage/grease logistics.
• Watch percentage rent, CAM audits, signage, patio/sidewalk café rights, drive-thru and parking allocations.
• Align “Additional Insured,” “Primary/Non-Contributory,” and “Waiver of Subrogation” with your policies. Outcome: Sites that perform and leases that don’t handcuff you.

2) Build-Out, Permits & Vendor Contracts

• Tie GC and subs to milestone payments, lien waivers, and punch-lists.
• Coordinate permit/inspection timelines and liquidated damages for delays.
• Standardize equipment leases (kitchen, POS, refrigeration) with service levels and exit logistics. Outcome: Fewer cost overruns and faster openings.

3) Licensing & Compliance (Food, Alcohol, Retail)

• Health department approvals, food manager certifications, grease trap maintenance schedules.
• Florida DBPR/ABT alcohol licensing (consumption on premises, catering permits, training).
• Tobacco/vape limits (if applicable), age-restricted product controls, lottery/OTB considerations. Outcome: Smooth inspections and no last-minute licensing shocks.

4) Employment & Scheduling Hygiene

• Offer letters, handbooks (timekeeping, meal/rest periods where applicable, tip policies, BYOD, social media), IP/confidentiality, and non-solicit for key staff.
• Tip pooling and service-charge language; dual jobs and side-work rules for tipped employees.
• I-9/E-Verify workflows (Florida: 25+ employees → E-Verify for new hires).
• Exempt/non-exempt classifications, commission/bonus plans for retail associates and managers.
• Outcome: Fewer wage claims, better retention, and predictable labor costs.

5) Wage/Hour, Minimum Wage, and Local Programs

• Florida’s minimum wage steps up again on Sept. 30, 2025; verify posting and payroll updates.
• Miami-Dade wage claim processes require tight timekeeping and final-pay discipline.
• Store-level audits for time edits, manager overrides, and tip credit notices.
• Outcome: Avoidable claims never materialize.

6) Franchising & Licensing (If You Expand via Partners)

• FDD/agreements and brand standards that protect quality without creating unnecessary joint-employer risk.
• Territory design, local marketing funds, training, and QA/secret-shop protocols.
• Outcome: Growth that scales your brand—not your headaches.

7) Supply Chain & Distribution

• Primary/backup suppliers, force majeure and substitution rights, fuel surcharges, spoilage and cold-chain liability.
• Private-label arrangements and packaging approvals that preserve IP and safety. Outcome: Fewer stock-outs, safer substitutions, better leverage in disruptions.

8) Delivery Platforms & E-Commerce

• DoorDash/Uber Eats/Grubhub and white-label delivery: menu parity, pricing control, data ownership/usage, chargeback allocation, and service-level expectations.
• Website/app Terms of Service, Privacy Policy, cookie disclosures, SMS consent, and click-to-cancel-friendly subscription/loyalty flows. Outcome: Keep fees predictable, protect customer data, and avoid processor freezes.

9) Payments, Chargebacks & Gift Cards

• Processor/MSA redlines, PCI obligations, address verification/3-D Secure options, refund/chargeback playbooks.
• Gift cards/stored value: escheat/unclaimed property review, expiry rules, terms at point of sale (in-store and online).
• Outcome: Fewer disputes and cleaner reconciliations.

10) Marketing, Pricing & Promotions

• Truth-in-advertising for limited-time offers, bundle pricing, BOGO, and rain-checks.
• Influencer agreements and UGC rights; photo/licensing hygiene.
• Sweepstakes/contests rules; alcohol co-promotions if applicable.
• Outcome: Promotions that move product without regulatory friction.

11) Brand/IP & Localized Naming

• Trademark clearance before you roll new brands or product lines statewide.
• Enforceable brand standards for signage, packaging, uniforms, and décor—especially with franchisees/licensees. Outcome: No forced rebrands; stronger brand equity.

12) Health, Safety & Incident Response

• Customer/employee incident logs, CCTV retention policy, ADA accessibility protocols, allergen disclosures.
• Crisis comms and claim handling; store-level scripts and “who calls whom.”
• Outcome: Quick, consistent responses that contain liability.

13) Insurance vs. Contract Promises

• Match leases and vendor/customer MSAs to policy endorsements (GL, liquor, product, cyber, EPLI, D&O).
• Track certificates and renewals; calibrate limits to your largest leases and enterprise customers.
• Outcome: No uninsured contract gaps.

14) Hurricanes & Business Continuity (Florida Reality)

• Store opening/closing triggers, payroll policies during closures, refrigeration/backup power plans, and debris/claims documentation.
• Vendor and landlord notice timelines; force majeure and rent abatement clauses.
• Outcome: Faster recovery and fewer losses per event.

90-Day General Counsel Plan for Multi-Unit Operators

• Map your footprint and deals: top 10 leases (renewal windows, exclusives, co-tenancy), top 20 vendor/platform contracts, and all alcohol/health permits.
• Patch high-risk items: (a) add Additional Insured/Primary-Non-Contributory/Waiver endorsements that your leases require; (b) fix delivery-app menu/data/pricing clauses; (c) refresh wage/hour postings and tip-policy acknowledgments.
• Publish a one-page Incident & Claims SOP (injury, property, product complaint, chargeback).

• Load approved templates into your deal flow: LOI/lease riders, GC/build-out agreements, vendor MSAs, influencer/UGC licenses, sweepstakes rules, website/app Terms & Privacy, SMS consent language, chargeback response letters.
• Roll a store-level legal playbook: timekeeping and tip procedures, ADA checklist, liquor service training acknowledgment, delivery-app service standards.
• Train district managers (60–90 minutes) on how to use the playbook and when to escalate.

• Run a lease docket review (renewals, kick-outs, co-tenancy triggers).
• Tabletop hurricane and delivery-platform outage drills.
• Redline cycle reductions with two strategic landlords and two delivery platforms; close gaps in processor or vendor contracts.
• Launch CAM audit on one anchor site where charges look high.

KPIs That Prove ROI

• Lease economics: % with exclusivity/co-tenancy; rent/ft² trend; CAM variance recovered.
• Contract speed: median days from LOI to execution; redline rounds with delivery platforms and processors.
• Labor risk: # of timekeeping exceptions; wage claims (target: zero); completion rate for training/acknowledgments.
• Payments: chargeback win rate; days to resolve; % of transactions with AVS/3-DS where available.
• Compliance: on-time license renewals; alcohol training completion; incident closure times.
• Brand/IP: trademarks filed; enforcement actions resolved without litigation.

FAQs for Multi-Location Owners

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