There has been a gap in the chain of restaurants serving the finest cuisine in Florida, and in response to this unmet demand, the Cuisine D’Amour restaurant was founded to fill the vacancy. Since the restaurant’s primary focus will be on preparing traditional meals, the business will be classified as one engaged in customer service. However, starting a business is a complex endeavor, as it requires completing several different tasks and processes. The implementation of this plan is essential to laying the groundwork for future business endeavors as well as for the successful launch of the company itself. The strategy addresses a wide range of important legal issues, from the nature of the business to the legal environment in which it operates. More information will be provided that outlines the location, licensing, insurance, and contracts, in addition to other factors that every new business must consider. The one-of-a-kind, high-end restaurant will soon open in Boca Raton, Florida. In addition to offering a unique menu, the restaurant will also provide cutting-edge dining services that are not common in the business.
Legal Form of Business
The restaurant will be established as a Limited Liability Company (LLC). The purpose is to combine the positive aspects of a corporation with those of a partnership. The primary benefit of this setup is the elimination of double taxation from the owners (Kalish, 2018). The owner’s assets are safeguarded by the LLC as well. LLCs are more adaptable than corporations since their “members,” who serve as “shareholders,” can own portions of the business. Profits do not have to be dispersed proportionally like they are in companies, which can be a good or negative thing, depending on your perspective. However, attracting investors may be more challenging when trying to raise capital. Although an LLC may be less bureaucratic to set up than a corporation, a lot of documentation still exists in the formation process. The formation of an LLC is not subject to any legal regulations, but it does require an operating agreement outlining the rules by which the members will run the firm. The owner would serve as CEO, Financial Officer, Accountant, Cashier, Chef, and Marketer under the minimal managerial structure of Cuisine D’Amour. In the registration process, the business will apply for Business registration documentation, a health ministry compliance certificate, and a Florida Department of Revenue tax compliance certificate to meet all the state regulations.
Legal Setting of the Business
Any company interested in conducting business within the state of Florida must fulfill several prerequisites to register successfully. Before Cuisine D’Amour starts its operations in the City of Boca Raton, the conditions listed below must first be satisfied. Before beginning operations, one must ensure that the business complies with all of the following Florida laws and criteria. According to Alonso-Vazquez et al. (2018), the owner is the one who has to register the business and attach both the primary and mailing addresses of the company. If there is more than one owner of the company, the owner is required by the state to provide the Department of State with the full names and addresses of all of the company’s owners. Also, the company will be required to have a general business license or the business tax receipt to fill in its tax.
Concerning the zoning, the company will apply to have it designated as a B-1 zone. This restricts certain uses, which might have a negative impact on the neighborhoods that are next to the property. In this case, the business’s location would be close to major highways to be accessible to consumers who are traveling through transit and serve their needs during their travels. Due to the location of the business in close proximity to both high-end residential areas and traffic routes, it will be able to attract clients who have high levels of disposable income. This will make it possible for the business to maintain a consistent stream of financial resources, which is necessary in order to stay afloat in the sector. Since the company is located in the B-1 zone, it will be obliged to have a fire extinguisher and an effective rubbish collection system to preserve the environment.
Location Requirements
In accordance with the statutes and rules of the state of Florida, the potential business will need to register to engage under a tenancy agreement with the current occupants of the premises on which the business will be based. Then, the agreement and the business’s physical and mailing addresses will be delivered to the state department that oversees the matter. Since there is a larger population as well as a reliable transit system within the surrounding areas, this location is an excellent choice for the business. In addition, Florida’s thriving real estate market is luring large numbers of individuals to relocate to the state from farther north. Old restaurants that have been in the area for more than 30 years have helped develop a reputation for the property, resulting in a reputation that attracts residents interested in trying it out. The location is convenient to the city center and several significant parks and entertainment centers.
The commercial lender will provide the business with the financial support necessary to complete the acquisition of a property located within the selected location. The business will be able to significantly cut the cost of rent if it decides to purchase its property. According to estimations provided by the prospective business, the company will eventually be able to pay back the loan and turn a profit. According to Barrow et al. (2018), serving traditional foods that are both distinctive and sweet is a good way to attract more customers, which will help the business grow. The fact that many customers will come to the restaurant to sample the cuisine is advantageous to the company because it will allow for the expansion of the business and bring more revenue.
Business License Research and Costs
Food service requires several licenses, and every company in the field must adhere to them to conduct business. To begin with, a company license in Florida requires at least $100. The Food and Drug Administration Act, which assures to supervise the safety of meat and egg products, will be the first statute that Cuisine D’Amour complies with. The restaurant will also abide by the 2011 Food Safety Modernization Act, which aims to guarantee that the food provided by restaurants is free from contamination. As a result, the business will ensure that the projected restaurant adheres to the applicable laws before it starts (Authority, 2018). Besides, a strict standard of hygiene is required. Cuisine D’Amour will start operating after all these health compliance requirements have been fulfilled. The total expense of the conformity will be at least $100 for the company to obtain the certification needed to start operating.
Insurance Requirements
In Florida, one of the required company insurance is workers’ compensation insurance. The necessary level of coverage differs according to the nature of the business operations, including those conducted out of state, in the construction industry, or agriculture. In order to meet the requirements for the non-construction sector, which requires a minimum of four employees, the restaurant would qualify. This covers the proprietors of a limited liability company and its members (McKenzie, 2017). A few more insurance alternatives are available, including business liability insurance for business owners and data breach insurance. To secure the safety of the staff members, the company will purchase and maintain insurance coverage for its employees. In this case, the business’s insurance policy will cover the employee’s protection from any harm that might happen while on duty. In addition, the company will contribute to the medical coverage program for the staff. This will ensure that employees have access to healthcare services. This will be easier for the firm to keep its current employees, which will, in turn, help the company run smoothly by avoiding expenses related to staff turnover.
Proprietary Rights
Intellectual property (IP) encompasses anything a business or individual has generated, including innovations, literary works, trademarks, and designs. The law protects different IPs, including trademarks, copyrights, and patents. The brand and any recipes developed by the business are elements of intellectual property that will be protected. The product will be protected to prevent individuals or companies from replicating the business’s cuisine. The company will file an intellectual property application in the Department of State to safeguard its brand name and menu from infringement lawsuits brought by other businesses that might attempt to copy its ideas. The emblems for the company’s brands will be patented by the state’s laws, allowing it to protect the names and menus it will develop throughout its operations. The state of Florida’s hospitality department will patent Cuisine D’Amour’s menus once the business starts operating. In doing so, the company can safeguard its operations and establish itself as the exclusive provider of Cuisine D’Amour and the special menus it has created specifically for its operations.
Employment Laws and Requirements
According to federal laws, there are a lot of work requirements that need to be followed. The Employee Polygraph Protection Act of 1988 states it is unlawful for employers to conduct polygraph examinations as part of the pre-employment screening or at any point throughout an individual’s employment. Workers who put in more than 40 hours of work in a given week are entitled to an increase in their base pay equal to the time and a half under the terms of the Contract Labor Hours and Safety Standards Act. In addition, a declaration of conformity from form WH-347 must be included with the payroll submission. It is against the law to terminate an employee for having wages subject to levy for any debt since this violates the terms of Title II of the Act on Consumer Credit Protection. In addition, the company is committed to adhering to the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Equal Pay Act during its operations. The business will comply with The Act on Family and Medical Leave, the Act on Fair Labor Standards, and the Act on National Labor Relations laws (Ivanisevic et al., 2016). Therefore, the company’s ability to comply with these employment rules and regulations will lessen the likelihood of conflict with the relevant authorities about the employment problem.
Purchase Orders and Contracts
In business, pricing arrangements relate to the contract between a contractor and a client that establishes the cost or price of compensation. The restaurant will employ the fixed-price contracts approach in this particular industry. This agreement enables the parties to define the job or service range precisely. This agreement, sometimes referred to as a lump sum contract, is the best since it allows expenses to be lower and gives you control over its scope (Alonso-Vazquez et al., 2019). Federal contracts might not be economical since they set the rules for how dealings with the government must be done. In this case, the company will engage in a contract with parties after taking the project’s cost and scope into account. Besides, when procuring the supplies required for the operation, the company will use the purchase order and contracting models. A purchase order will be employed once there is a one-time commercial transaction; alternatively, the firm will use contracts. These sorts of purchases ensure that the items will be completed on time and are crucial for estimating the duration and scope of the project. As a result, the business will employ purchasing orders and contracts, particularly whether it makes a sizable purchase of products for one purchase or a protracted transaction.
Torts and Crime Protection
There are three types of torts: strict responsibility, negligence, and intentional, which can result in losing revenues, competitive edge, and reputation. Product liability and negligence are among the most concerning issues while discussing cuisine, particularly foreign foods. Cuisine D’Amour must consider the possibility that some pose greater health hazards. In most businesses, customers or workers becoming wounded on the premises due to carelessness might give rise to a lawsuit. Ensuring that the appropriate signs and documentation is included is one method to lessen this hazard. This can be done by signs put around kitchens or bathrooms that may be slippery or for caution on certain food items.
Property and Requirements
The entity will employ some of the hardware or computer systems the owner currently possesses while it prepares to launch its activities as a limited liability business. In this case, business operations will use early-stage equipment like cutlery and automobiles. The owner also intends to repurpose one of the old Boca Raton structures as the company’s shop. This will enable the company to forgo the costs of leasing a shop, allowing the resources to be invested in other areas that need more capital. To conserve money that might have been spent on acquiring such items, the company will also use household computers and laptops as its first assets (McKenzie, 2017). In addition, the company plans on purchasing the land on which it will eventually be built; without a purchase, the company will lease or rent its location. The company will have an adequate option when it starts to buy or lease the property.
UCC Considerations
Various business transactions are covered under the Uniform Commercial Code’s regulations. These agreements may include the sale or lease of products, banking transactions, the utilization of negotiable instruments, the purchase or sale of investment assets, letters of credit, and secure transactions. As a result, the UCC is a body of laws regulating the USA’s corporate environment to bring about consistency. As a result, the business intends to abide by the UCC’s guidelines, which include staying within the market’s acceptable pricing range (Genadinik, 2019). In this case, the business will only charge for its services or undercharge for its goods to boost sales. The firm will also abide by the laws that control the hospitality sector and participate in the industry’s policy-making process to improve other business sectors.
Other Considerations
The firm will enter the market at a slightly lower price than competitors since it is a new entrant and must adhere to the service industry’s UCC. As a result, the company will be able to draw more customers and expand its client base. The firm must consider another marketing approach as it prepares to join the market, which involves interacting with customers on social networking platforms (Genadinik, 2019). By doing so, the firm will be able to connect with a large number of people who will be prospective customers and build a customer base. The company also intends to take compliance with all applicable rules and regulations that govern the industry into account while running its operations.
Conclusion
Cuisine D’Amour endeavors to close the gap and take advantage of the possibility in the food market. The business will be able to expand its client base and profit margin by investigating the traditional cuisine available in this market. The business will be able to achieve its stated aims and objectives by abiding by market norms and regulations. The company will be able to accomplish its aims and objectives by choosing a suitable site and employing the appropriate insurance coverage. The business will also be able to stay afloat if the appropriate torts and crimes are covered, and considering the UCC regulations will aid in establishing the business.
References
Alonso-Vazquez, M., del Pilar Pastor-Pérez, M., & Alonso-Castañón, M. A. (2018). Management and business plan. In The Emerald Handbook of Entrepreneurship in Tourism, Travel, and Hospitality. Emerald Publishing Limited.
McKenzie, D. (2017). Identifying and spurring high-growth entrepreneurship: Experimental
evidence from a business plan competition. American Economic Review, 107(8), 2278-2307.
Barrow, C., Barrow, P., & Brown, R. (2018). The Business Plan Workbook: A Step-by-step Guide to Creating and Developing a Successful Business. Kogan Page Publishers.
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