Posted on 02/13/2018 2:26:53 PM PST by Leaning Right
This lady I know opened up a sandwich shop recently. She sunk her life savings into it. The location she picked wasn't bad. It was in a strip mall that had a pizza parlor, but no other food establishment.
Here's the problem. Shortly after she opened, an inspector came in and told her she must remove all her customer tables! It seems there's some law that says new restaurants without a handicapped accessible restroom cannot have tables. So she removed her tables, and her business has dropped off dramatically.
I doubt she owns the parking lot. Handicap parking places should already be in place as well as ramp or curb cuts. If not she needs to find out from the leasing agent why.
It’s not a new restaurant. She needs to go talk to her local elected representative to get him/her some time to get it done.
Then I will be more candid...she needs to talk to someone like SCORE or do some time on the internet finding out all the stuff she needs to do.
A mistake like this is costly, and completely unnecessary.
Finally, I think someone would be insane to open a food establishment. As a professional sports photographer I had to carry $1 million in liability insurance. I cannot imagine what the insurance for an eatery would cost.
That would seem logical since most malls have restrooms . . . even if they are a short hike away.
That wouldn’t be legal in my state/county. Any establishment serving food in an indoor setting with seats must have a public restroom.
It would depend on the lease agreement and the contract.
You still have the bathroom problem. Which I suggest bedpans.
FIXED!
The plumbing code requires separate restrooms for men and women in restaurant/food service occupancies. I know owners often switch to one restroom being private for employees and the other for the public but that is done after the C/O is issued.
You’d have to do it for the love of it.
How could taking pictures of sports run that kind of risk. Does it require going out on the field, where you might be physically in an athelete’s way? Or oh, your flash made an athlete stumble and you’re liable for a million bucks.
You are not the only one thinking along these lines. A lunch wagon would be a much saner and safer investment if they are permitted in her jurisdiction.
It sounds like she got her other advice from the interwebs.
Tell her to get a LAWYER.
I shot a lot of high end basketball. Think about an 18 Year old Kyrie Irving. falling on a photographer and having a lens break into his face.
I shot for some larger college programs that required it. I would rig lights in some pretty decrepit old gyms. One time I had a light burn out (start smoking) up in the rafters. That would have been a problem.
This is the stuff that people don’t think about, but what makes the difference between a “Pro” and a “Guy with a camera.”
I was worth every penny to watch some of the best Athletes of our generation play.
There is not a fine per day. There is no C/O until building, life safety, energy, health, and accessibility codes are met. If she is able to make the needed alterations and gets a C/O then if someone alleges a violation of ADA it is reported to the DOJ. Then they start the process of responding to the complaint. Depending on their findings that’s when the fines start.
Oh and potential violations include many things that the building inspector never deals with like braille menus and knowing the law about service animals.
If you have attention surplus, sir/ma’am, maybe you would have noticed it was in “strip mall.” That ain’t food court. That’s shopping center with a row of stores all facing one way outward.
I live in a town of 14k and have seen many restaurants/fast food places open and close. It is a difficult business.
Small Business Administration used to have advisory services.
Your acquaintance should definitely have done research, checked with state/county/city agencies, etc. If her shop is a franchise, the franchise office may be able to advise her.
Should have done her research. Lesson learned.
> she needs to talk to someone like SCORE <
Good advice. I would not be comfortable talking to her about some of the solutions discussed here, as I am only a customer. And I’m not a lawyer. But mentioning SCORE to her is something that I can do. Thanks.
Oh, so you’d be out on the basketball court shooting posed events (otherwise, falling on the photographer wouldn’t be possible).
A state or municipality or county may have their own accessibility laws provided they are equal or more stringent than the federal ADA. For instance Florida accessibility code requires that the handicap accessible bathroom stall have a sink. This is more stringent than federal law.
For handicap bathroom she also needs to be concerned with sink height. Distance from the wall to the center line of the toilet. The controls for the sink. The maneuvering space under the sink as well as making sure the pipes are wrapped. The height and angle of the mirrors. There are some variations permitted if this is an alteration.
You are welcome. In my old job I reviewed plans for compliance with ADAAG. That is been a year and I know there have been some changes but I still remember where to get the info.
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