What is the Del Taco franchisee's responsibility for obtaining zoning classifications and clearances?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, franchisees are responsible for obtaining all necessary zoning classifications and clearances. Specifically, the franchisee must secure any zoning classifications and clearances that may be required by state or local laws, ordinances, or regulations. This also includes anything necessary or advisable due to restrictive covenants related to the franchisee's location.
After obtaining the required approvals and clearances, the franchisee must submit final construction plans to Del Taco for approval. Del Taco's review is limited to ensuring the plans comply with their design standards for restaurants. Once Del Taco approves the plans, the franchisee cannot make changes without prior written permission from Del Taco.
Any unauthorized changes to the plans can result in a material default under the Franchise Agreement, and Del Taco can withhold authorization to open the restaurant until the changes are rectified. This process ensures that the restaurant meets all legal requirements and aligns with Del Taco's brand standards.