Introduction
The business plan will entail the creation of a company named Bruce restaurant. The program will have the following the type of business, the legality of the business, locality requirements, business licensing and costs, the insurance information, its proprietary rights, employment law, Uniform Commercial Code (UCC), and conclusive statement. The blueprint will be just like other legal restaurants which provide their services according to law informatics. We will have the best meals to attract more clients and change their attitudes towards the restaurant through our signature moves (Cavico, F. J. et al., 2017). To have a smooth-running restaurant means having to follow all the government procedures and meeting their minimum requirements before actualizing operations within the state. Any slight deviation from the norm will make the restaurant face legal systems, leading to its closure.
Types of Business
Bruce restaurant will prepare fast foods and provide soft drinks. The most common products will be French fries, pizza, burgers, wet fried chicken, and various non-alcoholic beverages. The location of the restaurant will be in Tampa Bay, Florida. The special services apart from food provision will be washing clients’ cars upon request at a fee (Cavico, F. J. et al., 2017). People who come to the restaurant to eat might need their cars washed while they eat. Car washing will save their time, and it will attract more clients because their stomach is taken care of concurrently with their car’s cleaning.
The Legal Formality of the Business
The business formality will be under the partnership. A partnership is where two or more people combine forces to ensure a business achieves its minimum threshold. The block is between my long-term friend named Mabdean and me. Mabdean has always been a friend to me since my teenage years. We schooled and went to the same college despite the fact we took different courses. We trust one another, which is why we decided to develop a partnership that will ensure we split the profit or loss amongst ourselves in the ratio of 50-50. If it goes to profitability, it remains a win-win for both of us, and if it accrues any losses, we share it equally (Florida DOS., 2017). The joint ownership also ensures we enjoy the benefits of tax relief. In Florida, the partnership is more like a pass-through entity. Any profit or loss incurred will reflect in our subsequent income tax returns. Furthermore, any form of collaboration in Florida does not suffer from double taxation instead of the way any corporation would be subjected to the analogy of double taxation.
Partnership lacks the shareholder vector, so the business would be required to fill in a tax returns form to do the returns with the Internal Revenue Service (IRS). The only disadvantage of the partnership is that we must engage in a combined decision-making scheme. In case we disagree with Mabdean, it will slow down the mode of decision-making since it is a requirement that we have a mutual interest in making a conclusive ideology (Florida DOS., 2017). Like any other business venture, Bruce restaurant will have accountants and secretaries to do the routine clerical work fundamental in any sales business. Just below the owner, the general manager should be there to be answerable to the owners. The general manager will reside for both the departmental chefs and the sales department. Below the general manager, the sales manager will ensure that customer service is entirely satisfactory and the customer care is done on time. Below the sales manager, there will be an insurance manager and the finance manager.
The restaurant will also have a chef’s manager who will ensure that all the cooking is done under the minimum required threshold to provide healthy food cooked to the desired standards. The chefs’ manager, chefs, and subordinate staff will work as waiters and wash cars in schedules (Florida DOS., 2017). This kind of business partnership’s general cost, disregarding the restaurant’s products, and the legality fees associated with partnership business ventures. Following Florida State Department, the block must be registered in the state as well as the county. All the Florida formalities require a minimum of $450.
Legality Setting of the Business
The law that applies to the partnership business is stipulated. Having known Mabdean for a very long time means that we share common interests in life. It also means that most of our decisions are prone to concur, ideally. The governmental law that applies to Bruce restaurant is the UCC, more so articles 2 and 9 (Restrepo, B. J., & Ali, M. M., 2017). This article governs the sales of goods ranging from automobiles to consumables.
Furthermore, the Uniform Partnership Act (UPA) orients the actualization of any form of partnership operations. Other laws that govern the customer’s side rather than the Bruce business are the Consumer Credit Protection Act and Better Business Bureau. According to Florida, the zoning process requires that the land used for restaurants can be used for restaurants even when the first one collapses (Restrepo, B. J., & Ali, M. M., 2017). This is done to ensure that the vicinity does not confuse others upon relocation or collapse of the initial business that people used to do at a particular place.
Bruce restaurant zoning requirement is to actualize the building into cooking and to serve people delicious dishes. There will be health and fire codes instilled in the vicinity. Despite these codes, the restaurant will oblige to satisfy the environmental requirement put forth by the state of Florida. Florida has the Department of Environmental Protection (DEP), which requires that any business ensure how pollutants are handled and disposed of (Wen, H., & Kwon, J., 2017). The department also requires a fee for helping the restaurant effectively dispose of their wastes. Some restaurant systems clog because they try to deviate from paying a simple fee that aims to make their business look healthy and offers the best environmental framework for human life prosperity.
Location Requirements
The property of Bruce restaurant will reside in a three-roomed building with a large parking lot with a shed for car wash services in Tampa Bay, Florida. The three rooms will not be equal. The first room is the sitting area for our clients while taking food. The second room will be for the kitchen equipment, and the third room will be for the preservation and store of the restaurant. The restaurant is located along the highway so that it can self-market itself. The location has been picked because there are few restaurants and this place, so competition is limited. The road is also frequented by many people who lack a restaurant during the morning, lunch, and evening hours (Wen, H., & Kwon, J., 2017). Tampa’s area is secure, which means Bruce restaurant will enjoy security apart from the low competition rate in terms of restaurant capacity. The parking area will have CCTV fittings to ensure that our clients’ cars are fully secured from any form of damages. The shed will accommodate 3 SUVs at a go for washing purposes.
The nature of design within the restaurant will have spacious strategies to enable cars to enter and leave with ease. The entrance will allow for wheelchairs to drive in quickly as opposed to using the staircase entrance. The menu will be of two types. The first type is the lettered wordings for those who have ayes, while the second one has braille capabilities (Wen, H., & Kwon, J., 2017). The utilities are to ensure all customers who come to Bruce restaurant are as comfortable as possible. When clients are satisfied, they will eat comfortably, eat more, and refer many other friends to the vicinity. Water and electricity must have a backup to ensure there is continuity whenever there is any surge.
Business License and Cost
The total cost for license and registration will cost around $450. According to the active duty that covered me while I was a civil servant, the figure might seem low, but it will be waived according to Florida DBPR 2017 (Florida DBPR., 2017). The environmental permits are covered within the $450. However, the license fee will be renewed once it expires. Licensing with the health department is fundamental to ensure the people within Florida consume healthy foodstuff.
Insurance Requirements
The type of insurance that can function well for Bruce restaurant is the property and general kitchenware insurance cover. This insurance notation will cover all the accidents that revolve around the restaurant and its subsequent properties. The restaurant will specifically quote all the probable accidents related to restaurants. Mostly, the restaurant is at stake from injuries emanating from fire and electrical faults. It is also prone to have accidents stemming from the cars surrounding it (Florida DBPR., 2017). The insurance company’s policies need a clear memorandum that they can use to cover a restaurant in the event of an accident. If the quoting is not done clearly, it can fail to cover an accident that they could have covered themselves quickly rather than meeting the consequences of such an incident. In the state of Florida, the restaurant cannot cover cars being washed within the vicinity. Instead, the restaurant can protect itself from incidents emanating from the vehicles if an accident happens, and a car runs into the restaurant.
Bonding is required in partnership ventures. A bond for $26,000 is needed by default before the actualization of the business activities. According to the Florida registration analogy, the sales department requires a bond (Florida DBPR., 2017). However, the chef’s department does not require bondage. The sealants last for 5 years since their issue date. All employees who work at Bruce restaurant will be registered in the Workers Compensation program covering the accidents that may arise during working hours. The cover for employees will go a great mile in ensuring that they get protected in case of medical emergencies if they become temporarily or permanently impaired while working in the workplace; the programs aim at making their lives easier through various compensation schedules (Feig, E., 2009). Workers Compensation scheme also protect employees from injuries, and it also protects the restaurant owners from liabilities emanating from the accidents caused by workers.
Proprietary Rights
Many proprietary rights engulf a restaurant, such as Bruce restaurant. There is Intellectual property (IP) rights involved in it. The service department responsible for restoring the restaurant’s machinery will require to be at par when a breakdown occurs. At times repairing the machinery such as microwaves and fridges saves the company some bucks instead of buying whole new equipment (Feig, E., 2009). The team working in the restoration process must be knowledgeable on such equipment, so there is a need to safeguard their rights. The cooking secrets of the restaurant signature meals must be protected through copyright initiative. Any employee absorbed as a chef must sign a non-disclosure agreement to ensure that the recipe does not leak out to other restaurants. There should be no leakages in the form of monetary gains. The restaurant secrets must be in the employees’ notational matrix (Feig, E., 2009). No customer should know the restaurant’s secrets. The company logo must be registered so that any form of cloning the restaurant’s logo can be sued.
Employment Law and Requirement
Once the employees are provided with the Workers Compensation program, they can be covered and protected by the council from any work-related incidents. The employees, more so the chefs, are required to have certifications showing their areas of expertise so that every person fits precisely where they are placed. This way, accidents will be reduced, and the lives of people in the restaurant will be safeguarded (Beesley, C., 2013). A restaurant is a susceptible business. Any slight mistake in the kitchen can cause fire, or a small cooking error and mode of preserving the food can result in various infections within the town. The customers can eat poisonous food if they are not taken care of. Florida regulation aims to enhance the security of the environment within which the restaurant operates to handle food efficiently. The packaging of takeaway foodstuff is done with recyclable materials.
The payment and wages scheme is pointed out by the Fair Labor Standards Act, which posits that each employee is entitled to a standard wage and overtime compensation. Additionally, the act clarifies the mode of fines or penalties imposed on the employer if they deviate from the legal guidelines documented (Beesley, C., 2013). Employees must opt for Occupation Safety and Health Act (OSHA) which posits that the employer should provide an ambient place favourable for the employees. All the hazards should be neutralized to reduce the chances of putting an individual’s life in danger. OSHA can periodically pop into the restaurant for inspections to ensure that all the hazards comply with its acts. If it finds a mistake, it can impose severe penalties on the restaurant (Beesley, C., 2013). OSHA’s most chronic instance is to close down the business if it deems it unhealthy or hazardous.
The restaurant should consider using employees rather than contractors. Employees will feel engulfed in the cultures of the restaurant as compared to the contractors. The contractors’ level of independence will make the restaurant face challenges when there is a shortage of contractors during the high seasons. The constant changing of contractors can complete the restaurant to lose customers since each contractor will have a different approach to cooking the same meal. T makes the meals taste different each time the same customer orders them. The inconsistency will turn their morale and appetite off from Bruce restaurant in Florida. The use of employees gives more control to the restaurant rather than using contractors. The agreements and contracts that employees sign before being signed into the restaurant, binds them fully (Beesley, C., 2013). They cannot deviate from the agreement since they fear the fines that might be imposed on them. Loyalty is a fundamental result that steers towards reducing damages and enhanced cooking styles, and they will be in their best behaviour. As for the contractors, they do not need to adhere to any form of standards hence more liability based on regulating their restaurant’s objectivities.
Taxes must be considered while paying the employees. Once an employee is hired, the W-4 tax form is filled out to determine the totality in terms of the amount that the federal should tax from their salaries. The information provided in the state will be to tax the employee, and the W-2 at the end of the fiscal year will actualize the amount taxed by the government. The taxation ontology touches on the business itself because of the partnership (Beesley, C., 2013). The partners will be taxed individually when the tax is being filed. So the federal taxation logarithm will not impose a tax on the restaurant business. This saves the partners from the double taxation scheme’s thrills, thereby strengthening their venture towards prosperity.
Purchase Orders and Contracts
The purchase order is a binding contract that utilizes the safety of the supplier in the restaurant. A restaurant needs various equipment and foodstuffs supplied in bulk promptly. The purchase order breaks down the cost of the things required for the restaurant for a smooth operation. It is associated with the sales, down payments from the buyer and suppliers, and the fees associated with transporting such goods into the restaurant. It also explains the value of the things in transit to ensure that they do not take away or change the products stored while on transit to the restaurant (DOL., 2017). The purchase order’s primary analogy is explaining and providing evidence to the restaurant based on the cost and breaking down all bank statements. It handles the finances of the restaurant and balances its ledgers.
Apart from bank and insurance contracts, the restaurant needs to think of general services to spice up its eateries. For instance, Bruce restaurant has identified having a carwash within its vicinity can be an add-on for the business, so they need to provide general hardware that comes with car washing machines. The type of labour and time is interlinked with the main restaurant’s ideology of providing lovely, healthy meals. Car wash dealers can be contracted since there are automated car washing machines (DOL., 2017). So their manual services will be relevant when the mechanical systems fail. Contracting part-time car washers will go a great mile in saving the company’s funds, increasing their profits.
Tort and Crime Protection
Everyone needs security. Even in restaurants, the customers need to be assured that they are safe, their lives, and their automobiles. Crime comes from various perspectives. It also happens randomly and abruptly. The lawbreakers and tots should be curbed through stringent actions and installing security equipment around the vicinity. First, the restaurant must identify the common cause of crime. The restaurant’s most precious items apart from the ready cash paid at the counters should be safeguarded. The business should start by having an insurance cover against thievery actions. This way, it can afford other equipment if it is stolen. The replacement can ensure continuity in case a sudden circumstance takes the course (DOL., 2017). The restaurant must ensure that it has utmost transparency within its staff members. Fraudulent activities can cripple the business financially and leads to its closure.
The customers cannot tolerate defective products such as expired soft drinks. The suppliers often work on a commission, so they are in a hurry to deliver products without checking their expiry dates. The restaurant should eliminate such circumstances by ensuring they check refrigerated and unrefrigerated drinks daily. They can also counter-check before returning the glasses to the table. As for organic food such as potatoes and the likes, it usually starts to stink once it goes wrong. Separating them is more comfortable. The business should work towards purchasing bulk items according to their wants. Any excess product will go into wastage if there is delayed usage. To avoid torts, the employees of Bruce restaurant must be informed and trained to neutralize that behaviour. Having the employees behave and work in one ethical accord can increase the hospitality rate in the restaurant. The restaurant should also pay the employees above their regular or average wage to sustain their lives (DOL., 2017). When someone is underpaid, they tend to escape routes to achieve the missing part of monetary stability.
Property Requirements
Bruce restaurant is a simple business if done with care and precision. All that is needed is a parking lot, the restaurant building with other rooms for setting up the kitchen and storeroom. The room should have air conditioners to deviate smoke and cooking smells from the main customer building. The chimneys should be strategically positioned to reduce the choking rate to customers. The computers and television sets should be equipped to enable the easy ordering of customers’ food and entertainment while eating Florida DOS., 2017). The music system should be set to sound like a background spectrum to soothe the restaurant’s ambience. The payment software should be updated to reduce the hanging of the computers during payment systems. The swiping machines should be maintained periodically to enable the reading of payment cards with ease.
An automatic car washing machine should be repaired, and the brush changed in time to reduce the scratching of customer cars while cleaning it. Space should be rented to ensure that the business can thrive in the locality. It can also be flexible since if the locality does not favour the restaurant, the management can relocate to a better place. Renting is cheaper for a short-term period compared to buying land than building a restaurant. Since it is a new business in the locality, renting is the best initiative.
UCC Considerations
First, Bruce restaurant must hire a lawyer who knows about restaurant and food acts in Florida. UCC applies to the partnering companies Florida DOS., 2017). The business must be aware of the UCC implications since the company sales associate must submit all legal paperwork required by the UCC to ensure the business abides with laws. The suppliers must also provide the products delivered are healthy for human consumption. The UCC steps are crucial because the proper evaluation ensures that the Bruce restaurant cannot be turned into monetary value or cannot cause potential legality issues.
Other Considerations
If the business does not sustain itself by chance, the partners must develop legal ways to dissolve the binding legality. All companies are opened to make a profit. Some succeed, while others fail. When the negativity hits up, the Florida state requires that the dissolution paperwork be done within 90 days Florida DOS., 2017). Since Bruce restaurant has two partners, they should receive 50% each based on assets and liabilities. At the beginning of partnership formation, there was clear signage of memorandums used during the dissolution process.
Conclusion
The vision and missions of the company must be followed. Bruce’s business restaurant is prone to thrive, just like any other business made with seriousness. Having been a civil servant, starting up the company will be lower since the licensing fee is cut. The business will satisfy the environmental and regulatory statutes, and the insurance covers will come through in case of uncertainty. Any purchase by the customers will have double receipts. One receipt will be given to the customer, while the other one will be stored to balance the restaurant ledger daily. The balancing of the ledger ensures that the business accounts for every coin that comes into the business. The employees will be paid in a timely scheme to comfort their bill and increase their concentration while in the restaurant.
References;
- Beesley, C. (2013). Is it time to end your business partnership? Here’s how. United States Small Business Administration. Retrieved from https://www.sba.gov/blogs/it-time-end-your-business-partnership-heres-how
- Cavico, F. J., Mujtaba, B. G., Muffler, S., Samuel, M., & Polito, N. M. (2017). Restaurant liability for contaminated food and beverages pursuant to negligence, warranty, and strict liability laws. Global Journal of Social Sciences Studies, 3(2), 63-100.
- DOL. (2017). Summary of the major laws of the Department of Labor. United States Department of Labor. Retrieved from https://www.dol.gov/general/aboutdol/majorlaws
- Feig, E. (2009). Employee vs. Independent contractor: Differences you need to know. Legal Zoom inc. Retrieved from https://www.legalzoom.com/articles/employee-vs-independent-contractor-differences-you-need-to-know
- Florida DBPR. (2017). DPBR veterans’ services. Florida Department of Business and Professional Regulation. Retrieved from http://www.myfloridalicense.com/dbpr/VeteransServices.html
- Florida DOS. (2017). Divisions of corporations. Florida Department of State. Retrieved from http://dos.myflorida.com/sunbiz/start-business/know-before-starting/
- Restrepo, B. J., & Ali, M. M. (2017). Restaurant menu labeling laws and alcohol use. Preventive medicine, 102, 65-71.
- Wen, H., & Kwon, J. (2017). Restaurant servers’ risk perceptions and risk communication-related behaviors when serving customers with food allergies in the US. International Journal of Hospitality Management, 64, 11-20.