Are Burros Fries franchisees subject to various federal, state and local government regulations, licensing and requirements including those relating to consumer protection laws and regulations?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
In addition to laws and regulations that apply to businesses generally, your Business will be subject to various federal, state and local government regulations, licensing and requirements including those relating to site location, zoning ordinances, and building construction, safety, health and consumer protection laws and regulations. Some states may require that you obtain real estate permits, business, occupational, food product and other miscellaneous licenses. We do not assume any responsibility for advising you on such regulatory matters. You will be subject to the Americans with Disabilities Act, which prohibits practices that discriminate against physically and mentally challenged individuals regarding access to public accommodations and employment opportunities (Schedule 4 of the Franchise Agreement).
There are other laws and codes applicable to your Business, and we urge you to make further inquiries about those laws and codes.
Other than what is stated above, currently we have no knowledge of any regulations specific to the operation of a Burros & Fries Business. In addition, your state, province or county, there may be local codes, ordinances, statutes or laws which license or regulate food establishments as the one being offered in this Disclosure Document and such regulations could affect the operations of your Business. Local county health departments will typically inspect restaurants and food establishments to ensure compliance with safe food handling practices and adequacy of kitchen facilities. You should be prepared for such inspections and assure your compliance. You may also have to obtain health licenses and to comply with health laws and regulations that apply to restaurant and food establishments. These laws vary from place to place and can change over time. You must know such laws and regulations in your locality and must make sure that you and all your employees who work in your Business comply with any such laws and regulations as well as obtain any licenses, certifications or permits required by your locality for performing work in your Business. You should consider both their effect on your Business and the cost of compliance. In addition to complying with all laws, we require that you, all Owners (if you are an Entity), managers and employees have successfully obtained a food handlers certification in your home state and maintain such certification. A food handler's certification is food handling and safety training that is necessary for the operation of your Business.
We recommend that before signing the Franchise Agreement, you engage an attorney or other professional advisor to assist you in both determining what laws, ordinances and regulations may affect your establishment and/or operation of a Business, and in complying with them. You are responsible for obtaining all certifications, licenses, permits and inspections required to operate your Business. It is your sole responsibility to keep in force all necessary licenses and permits, to investigate, satisfy and remain in compliance with all local, state and federal laws, since they vary from place to place and can change over time. We recommend that you consult with your attorney for an
understanding of all the laws applicable to your specific Business.
We have not offered franchises in other lines of business in the past. We do not engage in any business other than the offer of franchises.
ITEM 2 BUSINESS EXPERIENCE
President/CEO, Secretary, Treasurer and Director is Fernando Ruiz: Mr. Ruiz has owned and worked in all aspects of the Burros & Fries restaurant business since 2009 and will continue to do so for the Franchisor.
Source: Item 1 — The Franchisor and any Parents, Predecessors, and Affiliates (FDD pages 8–11)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, franchisees will be subject to various federal, state, and local government regulations, licensing, and requirements. These include regulations related to site location, zoning ordinances, building construction, safety, health, and consumer protection laws. Some states may require franchisees to obtain real estate permits, business, occupational, food product, and other miscellaneous licenses. Burros Fries does not assume responsibility for advising franchisees on these regulatory matters.
Burros Fries franchisees are also subject to the Americans with Disabilities Act, which prohibits discrimination against individuals with physical and mental challenges regarding access to public accommodations and employment opportunities. Additionally, food products may be subject to the Pure Food and Drug Act, as well as Food and Drug Administration (FDA) and Department of Agriculture regulations. These agencies administer and enforce laws and regulations governing food preparation, service, and sanitary conditions.
The Federal Trade Commission and State Attorney Generals also prohibit unfair or deceptive claims concerning the healthiness of any food item. Franchisees must also comply with the federal Clean Air Act and various state laws that impose air quality standards, including limits on emissions from commercial food preparation. Some state and local governments regulate indoor air quality, including laws banning smoking in public places like restaurants. Furthermore, some authorities have adopted or are considering laws affecting the content of food served, such as the level of trans fats and sodium.
Finally, the Menu Labeling Provisions of the Patient Protection and Affordable Health Care Act require certain restaurants to post calorie information on menus and provide additional written information to consumers upon request. Franchisees are responsible for obtaining all certifications, licenses, permits, and inspections required to operate their Burros Fries Business and must remain in compliance with all applicable laws. Burros Fries recommends consulting with an attorney to understand all laws applicable to the specific business.