The ongoing health crisis, restaurant shutdown, and general economic uncertainty have made these unprecedented times for the hospitality industry.  Many restaurants may close forever, and many others that were in development may never open in the first place.  That being the case, it is understandable that many restaurant owners have halted expansion plans, and many more aspiring restaurant owners have decided to delay their plans. Even in the midst of this whirlwind, however, it is important to remember that this all will be over some day.  And, when it is, people will almost certainly want t ..read more

Tomorrow is April 1, which is the first day since the coronavirus restaurant shutdown that many restaurant tenants will be required to pay rent.  Many, quite simply, will not be able to do so and are seeking relief from their landlords.  For those able to obtain such relief, it will likely come in the form of either a deferral of rent, or a rent abatement.  It is critical for restaurant owners to understand the difference when discussing potential rent relief with their landlords. Rent Abatement.  A rent abatement is a forgiveness of all or a portion of tenant’s obligation to pay rent.  These ..read more

With April 1 approaching, and April rents coming due, many restaurants are contemplating simply not paying rent, thinking that with courts being closed there is little landlords can do in response.  Before even considering this, however, it is critical that tenants understand the default provisions in their leases.  Here are some key questions to answer: Do you have notice and cure rights before a landlord can declare default?  For any restaurant lease I negotiate for my clients, I make sure that the landlord cannot declare a default until it has provided tenant with written notice of the bre ..read more

No industry has been more broadly and significantly affected by the current COVID-19 health crisis than the nation’s restaurants.  The most common, and in many cases, most pressing question we have been getting from our restaurant clients is “What does my lease say about this?”  The answer has been pretty much universal:  “Nothing.”  This is an unprecedented situation, and one that even the most complex restaurant leases failed to contemplate. That does not mean, however, that my client’s restaurant leases (and likely yours) do not have terms and provisions that are implicated by the crisis ..read more

For restaurants across the State of Maryland, Spring is liquor license renewal season.  As with many things we have all grown accustomed to, however, it looks like the renewal season may be postponed.  Late last week, Maryland Governor Larry Hogan issued an executive order extending all state license expiration dates that would have otherwise occurred during the current state of emergency, and permitting all state agencies (which include, for these purposes, County Liquor Boards), to extend all applicable renewal deadlines.  Pursuant to the order, all expiration dates will now be the 30th day ..read more

For clients of ours applying for liquor licenses in the District of Columbia, especially for the first time, one of the more confusing things is the role of the District’s Advisory Neighborhood Commissions, or ANCs as they are commonly known.  ANCs are quasi-governmental bodies, made up of residents of the District’s neighborhoods, who are tasked with representing the interests of those neighborhoods on various matters of concern – prominent among them the issuance of new liquor licenses.  Here are a few things to know about how ANCs play a role in your liquor license application: ANCs Hold T ..read more

For our clients seeking a liquor license in Maryland, one of the most common hurdles is the legal requirement that at least one of the applicants reside in Maryland or, in many cases, the particular county in which the license is sought.  For out-of-state operators, even those from neighboring D.C. and Virginia, we often must find creative ways to satisfy this residency requirement in order to obtain the liquor license, and deal with some of the unintended consequences that result.  Those days may, however, be over soon. In late June, the U.S. Supreme Court struck down Tennessee’s liquor licen ..read more