What must a Del Taco franchisee obtain for the lawful construction and operation of the restaurant?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
fore the site development services are performed.
- 5.2.2 Franchisee shall comply, at Franchisee's expense, with all federal, state and local laws, codes and regulations, including the applicable provisions of the ADA regarding the construction, design and operation of the Restaurant.
- 5.2.3 Franchisee shall be responsible for obtaining all zoning classifications and clearances which may be required by state or local laws, ordinances, or regulations or which may be necessary or advisable owing to any restrictive covenants relating to Franchisee's location. After having obtained such approvals and clearances, Franchisee shall submit to Del Taco, for Del Taco's approval, final plans for construction based upon the preliminary plans and specifications. Del Taco's review and approval of plans shall be limited to review of such plans to assess compliance with Del Taco's design standards for Restaurants. Once approved by Del Taco, such final plans shall not thereafter be changed or modified without the prior written permission of Del Taco. Any such change made without Del Taco's prior written permission shall constitute a material default under this Agreement and Del Taco may withhold its authorization to open the Restaurant for business until the unauthorized change is rectified (or reversed) to Del Taco's reasonable satisfaction.
- 5.2.4 Franchisee shall obtain all permits and certifications required for the lawful construction and operation of the Restaurant and shall certify in writing to Del Taco that all such permits and certifications have been obtained. Franchisee shall provide copies of all such permits and certificates to Del Taco within ten (10) days of Del Taco's request for same.
- 5.2.5 Franchisee shall employ a qualified licensed general contractor who is acceptable to Del Taco to construct the Restaurant and to complete all improvements. Franchisee shall obtain and maintain in force during the entire period of construction the insurance required under Section 11 below; and Franchisee shall deliver to Del Taco such proof of such insurance as Del Taco shall require.
- 5.2.6 Prior to signing a lease, Franchisee shall submit to Del Taco a final draft of the lease for the Restaurant premises. The lease must contain the provisions contained in Exhibit G (Addendum to Lease) hereof.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, a franchisee is responsible for obtaining all necessary permits and certifications for the lawful construction and operation of their Del Taco restaurant. The franchisee must also certify in writing to Del Taco that all such permits and certifications have been obtained and provide copies to Del Taco within ten days of request. This includes compliance with all federal, state, and local laws, codes, and regulations, including the ADA.
Prior to construction, the franchisee must obtain all zoning classifications and clearances required by state or local laws, ordinances, or regulations. They must also submit final construction plans to Del Taco for approval, ensuring the plans comply with Del Taco's design standards. Once approved, these plans cannot be changed without Del Taco's written permission. Any unauthorized changes may result in Del Taco withholding authorization to open the restaurant until the changes are rectified.
In addition to permits and certifications, the franchisee is required to obtain and maintain insurance during the entire construction period, providing proof of insurance to Del Taco as required. The franchisee must also employ a qualified, licensed general contractor acceptable to Del Taco to complete all improvements. Furthermore, before signing a lease, the franchisee must submit a final draft of the lease for Del Taco's review, ensuring it contains the provisions outlined in Exhibit G (Addendum to Lease).
Franchisees must also obtain any and all permits, certificates, or licenses necessary for the full and proper conduct of the Restaurant, including licenses to do business, health certificates, fictitious name registrations, sales tax permits, and fire clearances. The franchisee is responsible for adapting Del Taco's standard construction package to the specific restaurant location, subject to Del Taco's approval, ensuring compliance with all applicable laws and regulations.