A bar is a business establishment that sells alcohol by the drink or glass. It is essential for them to apply for a liquor license and maintain the same. There are a lot of issues that need to be considered before starting the business. In order to avoid unwanted elements from entering the establishment, many of them need membership. This helps eliminate a lot of unnecessary disputes and brawls that often happen there. Certain rules and regulations must be adhered to while operating it. These rules are not uniform throughout the US and can vary from state to state. Hence, the concerned state law should be checked. This article provides answers to some of the most commonly asked questions about issues related to this. I own a bar and have a partner with 40% ownership. I work there more than 40 hrs a week. I have asked to buy him out but he has given me no amount. I am yet to see or hear from him for the last many months. I have struck off his name from all licenses. What steps should I take to ensure that he doesn’t come back when he feels like? It appears that while your partner doesn’t wish to be a part of the business, he still wants to retain a percentage of it. Though you can’t force him out of the business, there are some other options. You may take the entire profit and pay yourself wages as an employee. Your partner will get nothing as net profit. Apart from selling the business, your partner would be least interested to continue in the business. There is another option. You may start a new business and after selling the current assets to the new one you may pay him his 40%. Your business remains the same with just a new name while your partner will not be a part of it. Your licenses have already been changed. This is probably the best way out. While your partner may sue you for transferring the business, given his lack of interest in the business, chances are very little that he would do that. If there is a breathalyzer machine in my bar to determine whether a customer has consumed too much alcohol, can the bar be held responsible? If it was to provide a false reading that allowed an individual to assume that they were not drunk when actually they were; there could be problems. But, usually this is difficult to determine since the absorption rate of alcohol is different for every individual and its level continues to rise even after leaving the pub. To be on the safe side, you should hire a lawyer to assist you in issuing a disclaimer and put is above the machine. I have a bar in California. Since I have no employee, can I smoke there? According to a law passed in California in 1998, smoking in enclosed areas is prohibited thereby allowing non smoking employees a smoke free environment. There is an exception to this rule and that is if there is a well ventilated designated smoke area that smokers can use during smoke breaks. This should be an area that nonsmoking employees do not need to pass through to do their job, then it is ok. However, if you are the sole working member there, it depends upon you where that designated place would be. But if you hire someone, it has to have a smoke free zone. If you wish to start a bar business and are not fully conversant with the legal niceties involved in this, you should ask a business lawyer for guidance and act accordingly.
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