What specific certifications are required for management of a Cilantro Taco Grill franchise that serves alcohol?
Cilantro_Taco_Grill Franchise · 2024 FDDAnswer from 2024 FDD Document
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At all times during the operation of your Franchised Business, you must have a ServSafe® Food Handler certification. The jurisdiction where your Cilantro Taco Grill Franchised Business is located may require additional food safety certifications. You, your management and the staff we designate (including cashiers) must be TIPS certified, if you are offering wine and beer. You must comply with all laws and regulations for proper food storage, preparation, and service.
The U.S. Food and Drug Administration, the U.S. Department of Agriculture and state and local health departments administer and enforce laws and regulations that govern food preparation and service and foodservice establishment sanitary conditions. State and local agencies inspect foodservice establishments to ensure that they comply with these laws and regulations. Some state and local authorities have adopted, or are considering adopting, laws or regulations that could affect: the content or make-up of food served at your Cilantro Taco Grill outlet, such as the level of trans fat contained in a food item; general requirements or restrictions on advertising containing false or misleading claims, or health and nutrient claims on menus or otherwise, such as "low calorie" or "fat free"; and the posting of calorie and other nutritional information on menus.
With our approval, if permitted by applicable law, the Franchised Business may also offer beer and wine. You must comply with any federal, state, county, municipal, or other local laws and regulations relating to alcohol that may apply to your Franchised Business. You should consult with your attorney concerning those and other local laws and ordinances that may affect the operation of your Franchised Business.
Source: Item 1 — THE FRANCHISOR, AND ANY PARENTS, PREDECESSORS AND AFFILIATES (FDD pages 8–10)
What This Means (2024 FDD)
According to Cilantro Taco Grill's 2024 Franchise Disclosure Document, if a franchisee intends to offer wine and beer at their establishment, they, their management, and designated staff (including cashiers) must obtain TIPS certification. Additionally, franchisees must comply with all federal, state, county, municipal, and other local laws and regulations pertaining to alcohol sales. Franchisees are also responsible for securing and maintaining all mandatory licenses and permits related to alcohol sales.
The FDD emphasizes the importance of consulting with an attorney to ensure full compliance with all applicable alcohol-related laws and ordinances. It also notes that the difficulty and cost of obtaining a beer and wine license can vary significantly from one area to another. State-operated Alcohol Beverage Control Agencies are identified as a resource for franchisees to learn about the different beer and wine licenses available in their state.
Furthermore, the FDD highlights the potential liability arising from state "dram shop" laws, which can hold establishments accountable for injuries related to the sale and consumption of alcohol. This underscores the need for franchisees to exercise caution and implement responsible alcohol service practices to mitigate legal risks. Prospective franchisees should carefully consider these requirements and potential liabilities before deciding to offer alcohol at their Cilantro Taco Grill location.