Restaurant Jim Wants to Start a Restaurant

Restaurant Jim wants to start a restaurant in Savannah, GA that focuses on Low Country and Gullah cuisine. He knows that starting a restaurant means dealing with a large number of regulations at the federal, state and municipal levels. However, he feels that his recipe book is among the best and that he can attract a significant amount of the city's tourist trade, in addition to appealing to locals.

Jim has a location in mind, in the heart of the historic district and is taking great care to understand all of the rules that will apply to his restaurant. These include regulations on businesses in general, on food handling, on alcohol and labor laws. Regulations Food handling regulations are managed at the state level, with guidance from the FDA's Food Code.

The Food Code is a reflection of the high priority that HHS and the USDA place on food safety, and the FDA recommends that it be implemented at all levels of government. The Food Code sets out guidelines for the handling of food, utensils and dishes, linens, and the handling of food waste. The Food Code, however, is not a legally binding statute, but merely a form of guidance for local governments in designing their statutes.

The State of Georgia has a set of food service rules that govern a wide range of provisions including management, food handling, storage and preparation, utensils and equipment, waste handling and other aspects that pertain to the food service industry. This is the primary set of laws that will govern Jim's restaurant. Jim will likely need to develop an HACCP plan for the more volatile of his foods (shellfish, for example) to maintain food safety standards.

These foods, known as "potentially hazardous foods" are subject to considerably more regulation than other foods. The City of Savannah does not play a significant role in food handling regulation. Health inspections of restaurants are carried out by the Coastal Health District, so the CHD will need to be contacted with respect to learning about their inspection procedures and demands. The state is responsible for incorporation, and this must be done through a lawyer.

The corporation is formed by filing with the Corporations Division of the State of Georgia, and this must be done before any business can be conducted. Information about the filing procedure can be found here: http://sos.georgia.gov/corporations/filing_procedures.htm. The business must also be registered with the city, as there will be taxes to pay. This is handled by the City of Savannah Revenue Department. The forms and explanation of the procedures can be found here: http://www.savannahga.gov/cityweb/treasuryweb.nsf/Web-Business-OpenView.

The IRS provides information relating to the federal tax requirements of businesses here: http://www.irs.gov/businesses/corporations/index.html. Taxation will also occur at the state level. Information about state level taxation on corporations can be found here: https://etax.dor.ga.gov/corptax.aspx Jim must also adhere to the applicable labor laws for the U.S., the State of Georgia and the City of Savannah.

There are statutes governing the wages and hours worked for employees; safety and health standards for employees; issues surrounding compensation; issues with respect to hiring non-U.S. citizens; working conditions; and equal opportunity employment. These are outlined by the U.S. Department of Labor here: http://www.dol.gov/compliance/guide/.

The State's laws, along with an overview of federal laws, can be found at the website of the Georgia Department of Labor here: http://www.dol.state.ga.us/em/employment_laws_rules.htm These rules cover some new ground, including information about health coverage, minimum wage, overtime pay, record-keeping, new hire reporting, unemployment insurance and more.

These laws are of particular importance to Jim because he will have a variety of part -- and full-time workers, will probably have high turnover rates, has some safety hazards, and will be faced with undocumented workers seeking employment. In addition, his business may be seasonal, which also have ramifications in a number of different areas. Jim's restaurant is going to serve alcohol, so Jim will also need to understand the wide range of laws governing the handling and serving of alcoholic beverages.

The restaurant will need to be licensed to serve alcohol, and this falls under the jurisdiction of the City of Savannah. The legal framework and procedures for licensing are listed here: http://www.savannahga.gov/cityweb/treasuryweb.nsf/Web-AlcoholLicensing-OpenView. In particular, Jim will need to familiarize himself with the rules governing selling drinks on Sundays and need to determine if his restaurant fits the definition of an establishment that is permitted to do so.

Jim will also be eligible by virtue of his location within the downtown core to sell drinks to go for street consumption, so he will need to familiarize himself with the rules and responsibilities with regards to that unique feature of Savannah's liquor laws as well. In addition to understanding the legal framework of his business, Jim must also consider financing. In general, banks finance hard assets, meaning that Jim cannot expect much help from banks for investment in his restaurant.

He would need collateral to acquire a bank loan, such as his house or another restaurant that he owns. The City of Savannah has a variety of grants available to help finance specific aspects of a business, and Jim should check to see if any of these applies to his restaurant. There may be opportunities for funding via the City from the American Recovery and Reinvestment Act as well. Other sources of funding are typically private.

Jim can expect little interest from venture capitalists or other such external entities, and will likely need to build a coalition of private investors himself in order to start his restaurant. The high failure rate in the restaurant business and the depressed economy is likely to make investors skittish. Although tourism has kept Savannah's economy relatively healthy, demand overall in the city is low, and that will make most investors wary. Jim faces a tough sell to acquire financing for his restaurant.

Conclusion Jim can also expect difficulty in finding good staff. Despite high unemployment, anecdotal evidence suggests that many of those on the.