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How to open your own restaurant? Lawyer's advice

It is difficult to find a person who does not dream of opening their own restaurant: a restaurant, pizzeria or a small cozy coffee shop. However, this requires not only cool ideas and a team. In order not to risk your own business at the beginning of its creation, try to avoid legal fakaps. Our clients' cases helped to form some useful tips that a novice restaurateur should follow.

 Register a business

In order to work legally, you need to create a company (LLC) or register as an individual entrepreneur (FLP). The advantages of FLP are ease of registration and withdrawal. LLC is more suitable for several owners or if in the future you are going to sell the business. Restaurateurs often combine these forms: the kitchen is registered on the FLP, and the bar - on the LLC.


INchoose a room for a restaurant

Check if the landlord has documents and a technical certificate for the premises. Be sure to check for arrests, mortgages and risky litigation. They can cause early termination of the contract. By the way, we have already written in more detail about the choice of premises in this article.

 We advise you to read the lease carefully. It must indicate the characteristics of the premises, the lease term, a fixed rental price, the possibility of crediting the repair to the rent. Be sure to evaluate the cases when the landlord can terminate the lease without your consent, the grounds and procedure for increasing the rent. Our clients use contracts that minimize the risks associated with the lease. If you need to inspect the premises or prepare a contract, we can help you.


 Obtain a tobacco and / or alcohol license and register an PPO

If you plan to sell alcohol and cigarettes, then you need a license.

For the sale of such goods without a license there is a fine of twice the value of the goods sold.

Licenses are issued by the service centers of GFS payers of Ukraine. The issuance period is 10 days, and the cost of an alcohol license is UAH 8,000. per year.

In addition to the license, you will also need to install a registrar of settlement operations - RRO (cash register). To register an RRO, you need to submit an application to the GFS at the place of registration of the institution.


Register the capacity of the institution and the fire declaration

 Register the capacity of the institution in the State Consumer Servicessis.In the statement it is necessary to specify the information on establishment and kinds of activity which you plan to carry out. Registration is free for 15 days.

 Also register the declaration of conformity of material and technical base of restaurant to requirements of fire safety in the State service of Ukraine on emergency situations. If the premises are rented out, such a declaration is registered by the owner. It is free for 5 working days.


 Arrange employees

Before admitting employees to work, the tax office must be notified of their employment. If employees are not registered, then you risk receiving a fine from the State Labor Service in the amount of 120 thousand UAH for each unregistered employee.

It should be borne in mind that civil law agreements can be concluded with certain categories of employees. Using them, you can save on taxes and not draw up an employment contract for employees for one-time work. You can read about the registration of employees under civil law contracts in another of our articles

 Register intellectual property (optional)

Personalize your restaurant business: register a trademark or recipes for cooking dishes or cocktails. This will protect your brand and recipes from being used by others.

If you plan to develop a franchise and transfer the right to use your brand, then registering a trademark is mandatory. To register you need to apply to Ukrpatent. This must be taken care of in advance, because the minimum registration period of a trademark is usually more than one year.


 Advertise your restaurant and open a summer playground

To place a sign on the facade of your restaurant you need to get permission. This also applies to the summer playground. The procedure for obtaining a permit is different in each city. You may be fined for placing advertisements and a summer playground without permission, and the sign and summer playground may be dismantled.

We told you about the key points that were difficult for novice restaurateurs. Following these simple tips will help you focus on developing your restaurant business rather than fighting regulators. If the latter will be harassed - we have a proven plan of action.


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