What zoning classifications and clearances is the Del Taco franchisee responsible for obtaining?
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.
- 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.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, the franchisee is responsible for obtaining all necessary zoning classifications and clearances required by state or local laws, ordinances, or regulations. This also includes any clearances that may be necessary or advisable due to restrictive covenants related to the restaurant's location.
After securing these 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. Once approved, these final plans cannot be altered without Del Taco's prior written consent. Any unauthorized changes can result in a material default under the Franchise Agreement, potentially delaying the restaurant's opening until the changes are rectified to Del Taco's satisfaction.
Furthermore, the Del Taco franchisee must obtain all permits and certifications required for the lawful construction and operation of the restaurant. The franchisee is obligated to provide written certification to Del Taco that all such permits and certifications have been obtained, along with copies of these documents within ten days of Del Taco's request. This ensures that the franchisee complies with all legal requirements and that Del Taco has a record of this compliance.