Becoming familiar with local and national laws and regulations
It is always important to assess what you need to do in order to comply with local and national laws and regulations. Here are some essential points for you to consider when taking a closer look at your company, business practices, or products:
- What are the existing regulations?
- What changes have been made?
- What information do I need from my vendors, suppliers, or manufacturers? Using this checklist will help keep your company in compliance.
1. Define the legal status of your business entity: sole proprietorship (includes limited liability), general partnership (includes limited liability), corporation (limited liability).2. Determine if any industry guidelines or standards exist that may affect your business model.3. If a business entity is in existence and any applicable laws have not been implemented or amended.4. If a business entity is in existence and all applicable laws have been amended or implemented.5. If a business entity is formed based on an existing corporation (limited liability), see if any amendments were made by the legislature to the existing corporate structure, such as legislative changes to incorporate foreign businesses and partnerships into the state of Texas .6. If your business has been created within the last five years, consult with state agencies or resources to determine what changes may be imminent in order to ensure that your company will still be operating effective January 1 of each year.7. If applicable, survey your vendors, suppliers, or manufacturers to determine what changes may be forthcoming.8. Review municipal codes and local laws of the area you will be located and whether these are in conflict with existing laws and regulations.
9. Contact members of the Texas legislature to determine if any pending legislation may affect your business model and needs to be implemented in order for you to meet state regulatory requirements.10. Contact the State Attorney General's office when a new law or amendment is enacted that requires you to amend your existing business structure.11. If applicable, write a business plan or licensing agreement because you may need to update these documents as your business grows and matures.12. Contact a local attorney with experience in small business or franchise law and see if they can help guide you through the process of starting, operating, and growing your company in Texas .13. If applicable, hire an accountant to file annual reports as required by the state of Texas .14. Obtain insurance coverage for your company(s) in order to protect yourself from financial liability should any accidents or damages occur during the course of your business operations.15. Obtain licenses for necessary products and service lines as required by the state of Texas .16. Implement new employee policies that adhere to state regulations.17. Begin managing and tracking cash flow to ensure your business(es) is operating effectively and efficiently.18. Develop a systems approach to accounting, inventory management, and financial reporting so your company(s) is not prone to fraudulent activity or errors in data entry/analysis as well as a shortage of funds due to the loss of revenue or profits.
19. Prepare for changes in laws and regulations that may require you to reexamine key aspects of your business model or become more cost effective for your company's continued operations.20. Prepare for pending legal action due to any business disputes or challenges that may arise during the course of your business operations in Texas .
21. Obtain an attorney who is familiar with business law and work with them for any necessary amendments, for business agreements, or charter changes.22. Consider whether you need to get insurance coverage for necessary products and service lines, such as liability insurance for your business(es) should any accidents or damages occur during the course of your business operations.23. Consult with an attorney who is knowledgeable about licensing in order to obtain a detailed list of what licenses are required and how to obtain them.24. When hiring an attorney for your company, it is crucial that you work with an attorney who is familiar with business law and know how to create legal documents that will keep your company in compliance with state regulations.25. Familiarize yourself and staff members with all state and federal laws related to their specific areas of operations.26. Develop new employee policies that adhere to local and/or state regulations as well as industry guidelines or standards, if applicable.27. Begin managing and tracking cash flow to ensure your business(es) is operating effectively and efficiently.28. Begin managing and tracking cash flow to ensure your business(es) is operating effectively and efficiently.29. Obtain insurance coverage for necessary products or service lines, such as liability insurance for your business(es) in case any accidents or damages occur during the course of your business operations.30. Prepare for changes in laws and regulations that may require you to reexamine key aspects of your business model or become more cost effective for your company's continued operations.31. Review municipal code laws and determine if any are in conflict with existing laws and regulations as well as whether they may be amended in the upcoming year.32. Develop a business plan for creating a new company or franchise of an existing entity (or ten year franchise contract).33. Prepare for changes in laws and regulations that may require you to reexamine key aspects of your business model or become more cost effective for your company's continued operations.34. Implement new employee policies that adhere to state regulations and industry guidelines or standards, if applicable.35. Begin managing and tracking cash flow to ensure your business(es) is operating effectively and efficiently.36. Develop a systems approach to accounting, inventory management, and financial reporting, so your company(s) is not prone to fraudulent activity or errors in data entry/analysis as well as a shortage of funds due to the loss of revenue or profits.37. If applicable, write a business plan or licensing agreement because you may need to update these documents as your business grows and matures.38. Review municipal code laws and determine if any are in conflict with existing laws and regulations as well as whether they may be amended in the upcoming year.39. Review municipal code laws and determine if any are in conflict with existing laws and regulations as well as whether they may be amended in the upcoming year.40.
Conclusion
Restaurant, retail, and service industry establishments face many of the same legal issues related to employment contracts, employment policies, hiring and firing practices, and discrimination claims as other businesses. However, because of the unique nature of their operations (e.g., food handling), they must also comply with federal and state food safety laws as well as any local ordinances that govern how these business must operate in your community.
For example, food establishments are required to maintain accurate records of the foods they prepare which are known as "food transaction records" (21 CFR 123.