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’ll bet that Pizza Parlor sicced the inspector onto your friend. Doesn’t matter who did it though.
So, she cannot have tables until she gets a wheelchair accessible restroom, hey?
Hmmm.
Any ‘new’ law against having large rattan porch CHAIRS that can seat several people at once? Any kind of large and comfortable CHAIR. Ask her to think about it.
Another choice would be large waist high SHELVES that face the wall. Something like a large wide MANTLE OR SHELF that would allow two or three people to lean in, stand together and eat their sandwiches while setting their drinks down on the shelf.
Then, she would need to ask City Council or someone what the law said before she spent any more money.
Good luck to her. There seems to be a market for her sandwiches! The gold is there, just waiting to be mined.
How many times, as I do, do you want to ask, “Whats disabled your body or your brain.”
Maybe she should have put a bit of research in first.
> your friend should be able to get out of any lease and she may be able to sue for damages if the landlord knew she was going to open a restaurant with tables <
Excellent advice.
> These are the stupid regulations that destroy small businesses. They are designed to destroy small businesses. <
It sure looks that way. The big boys can afford to comply with every little regulation. But the small folks, not so much.
My favorite uncle and I did a garage-to-door ramp & a bathroom rehab for my mom a decade ago - (pre-)permit, to code, inspected shortly after, done. Took a full Saturday (reward: fried chicken) and I painted on Sunday (reward: cold fried chicken). Enjoyed that one as much as any rehab work ever. Just be diligent in prep assessment - materials and tools.
If she doesn't own the store, then put that on the landlord. He's probably ignored previous ADA requests. Best of luck.
One thing she needs to do is to carefully check her lease. It may spell out who is responsible for ADA compliance. Hopefully it is the landlord’s responsibility. It may depend whether the restroom is in the demised space or in the common area.
Yes, I know. Your friend is an angel and an American story. However, before she opened up the resto, I know of not one eatery that is not handicap accessible. Talk to the building or property management co.
The time to talk to a lawyer is before one acts. Later, it gets much more expensive.
Round up some real men and go break this inspectors legs off.
“They used to have one in Chicago that served them and with the sauce and all and I tell you that place was humming all the time.”
Mr. Beef. No seats, just a chest high counter you leaned over to keep the juice from slopping all down your shirt!
Very thoughtful post, yours. Thanks. I can’t get too involved in this, as I am only a customer, and not a part-owner. But I sure hate to see a situation like this...regulations crushing the American dream.
Yep, talking to a local lawyer seems the best way to go.
Put in benches. They're not tables.
There is always ways to get around stupid laws.
Really.
Somehow "conservative" doesn't have to mean being snotty or hyper-critical does it? Who'd want to be one, except the schmoe doing it who has no idea how it's affecting everybody else or the "karma" it will eventually bring?
Have a heart. Somehow that can't be the exclusive territory of secular liberals, can it?
OMG. When you are talking about serving food in a restaurant, the licensing required, the permits, the certifications required to show you’ve gone through the sanitary & food prep; the HC bathrooms. (why in the HELL is SHE installing a HC restroom?? This is the responsibility of the building/facility owner. It’s in a food court? This has never happened before? Huh?) it is a business I would never even consider.
In my county a restaurant serving food on plates that are to be washed must have FIVE SINKS.
A commercial kitchen is about a $250K affair.
Obviously; she did not do her research before signing a lease. That is too bad. But she’s cooked. Sorry for the dour pronouncement, and please read me clearly, I am badly biased against and food serving entity as a biz *I* would like to be involved with. There are people who know what they are doing and do well at it. Beginnners rarely, rarely succeed with restaurants, there are hundreds of things that have to go very right.
I do not know the details, but if this is her first run-in with a county inspector, I can assure you there will be dozens more.
She should quit now. Today. She should prepare the sammiches at home and take them around to various offices in the area. When you have a retail location, you are a target of opportunity for every creature capable of holding out their hand with the palm upwards. Public and government. I did it once. Never again.
Also, see what the fine per day is for not having the handicap bathroom - might be worth it to pay the fine until she finds a way to do the work to the bathroom or another way to remedy the situation.
At least she can increase her business back while she figures this out
If opening a business were as easy as finding a place and sinking your money into it there would be too much competition for all the franchises and remember what no less than J. D. Rockefeller himself said, "competition is a sin".
JMHo
How about chairs and if you choose to eat “inside” you get a TV tray.
I am an Restaurant Equipment Service Contractor, and deal with Mall management/maintenance personnel & health inspectors all the time.
1st the Mall/Landlord wouldn't let you open without a C/O.
Then you have to have the Fire Permit for the exhaust hood and Fire Suppression System...
There is more to this story..Just Saying...
This may work:
-At least one available restroom must be fully accessible with a sign located to the side of the door, 60 inches to centerline.
-Restroom doorways must be at least 32 inches wide for clear passage with the interior having a 36-inch wide path to all fixtures.
-Restroom doors must be easily opened without more than a 5-pound force and have accessible handles that are 48 inches high or less.
-Accessible restroom stall handles—lever or loop handles—must be installed so the door is able to be used with a closed fist.
-Accessible stalls must have at least a 5-foot by 5-foot area for a wheelchair to maneuver within.
-Grab bars must be both behind and on the side wall nearest to the toilet with a toilet seat that is 17 to 19 inches high.
Or this:
http://www.bobrick.com/Documents/PlanningGuide.pdf
Some localities may have additional standards.
Consult an attorney licensed in that jurisdiction with ADA experience.
These one-size-fits-all legislated answers are both too much and too little.
People with businesses should want to try to be handicap-accessible to show consideration. At the same time there shouldn’t be nannies that say it has to be done only one way.
Caring is supposed to be a two way street, not a carve-out at gunpoint for one party.
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