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This lady I know opened up a sandwich shop. Legal help, please. (vanity)
me

Posted on 02/13/2018 2:26:53 PM PST by Leaning Right

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To: Leaning Right

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.


41 posted on 02/13/2018 2:44:34 PM PST by lee martell
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To: beergarden

How many times, as I do, do you want to ask, “Whats disabled your body or your brain.”


42 posted on 02/13/2018 2:44:49 PM PST by CGASMIA68
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To: Leaning Right

Maybe she should have put a bit of research in first.


43 posted on 02/13/2018 2:45:35 PM PST by dinodino
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To: P-Marlowe

> 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.


44 posted on 02/13/2018 2:45:51 PM PST by Leaning Right (I have already previewed or do not wish to preview this composition.)
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To: Leaning Right
Any chance you and some FReep-like friends could do a weekend blitz rehab and fix up the bathroom per req?

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.

45 posted on 02/13/2018 2:46:01 PM PST by StAnDeliver (Vive la revolution!)
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To: Leaning Right

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.


46 posted on 02/13/2018 2:46:53 PM PST by kaehurowing
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To: Leaning Right

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.


47 posted on 02/13/2018 2:47:37 PM PST by beergarden
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To: Leaning Right

The time to talk to a lawyer is before one acts. Later, it gets much more expensive.


48 posted on 02/13/2018 2:48:01 PM PST by PAR35
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To: Leaning Right

Round up some real men and go break this inspectors legs off.


49 posted on 02/13/2018 2:48:50 PM PST by right way right (May we remain sober over mere men, for God really is our one and only true hope.)
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To: crz

“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!


50 posted on 02/13/2018 2:49:23 PM PST by Boogieman
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To: redfreedom

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.


51 posted on 02/13/2018 2:50:33 PM PST by Leaning Right (I have already previewed or do not wish to preview this composition.)
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To: Leaning Right
"new restaurants without a handicapped accessible restroom cannot have tables

Put in benches. They're not tables.

There is always ways to get around stupid laws.

52 posted on 02/13/2018 2:50:37 PM PST by Steve Van Doorn (*in my best Eric Cartman voice* 'I love you, guys')
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To: Leaning Right; All
My apologies for having some sympathy for a person who is not trying to scam social security, or sponge off welfare.

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?

53 posted on 02/13/2018 2:50:58 PM PST by HiTech RedNeck (Tryin' hard to win the No-Bull Prize.)
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To: Leaning Right

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.


54 posted on 02/13/2018 2:51:07 PM PST by Attention Surplus Disorder (Apoplectic is where we want them.)
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To: Leaning Right

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


55 posted on 02/13/2018 2:53:41 PM PST by PMAS (All that is necessary for the triumph of evil is that good men do nothing)
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To: Leaning Right
She needed an attorney before she opened to help her navigate the local, State, and Federal regs. That's just a fact of life built into the system by the lawyers in Congress.

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

56 posted on 02/13/2018 2:54:02 PM PST by Rashputin (Jesus Christ doesn't evacuate His troops, He leads them to victory !!)
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To: Leaning Right

How about chairs and if you choose to eat “inside” you get a TV tray.


57 posted on 02/13/2018 2:57:15 PM PST by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians.)
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To: Leaning Right
This doesn't sound right, how did she get a "Certificate of Occupancy" without a passing Health Inspection.

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...

58 posted on 02/13/2018 2:57:15 PM PST by fedupjohn (The Alpha Male Chosen By The People to #MAGA....President Trump...)
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To: Leaning Right

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.


59 posted on 02/13/2018 2:58:41 PM PST by PAR35
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To: Leaning Right

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.


60 posted on 02/13/2018 2:58:45 PM PST by HiTech RedNeck (Tryin' hard to win the No-Bull Prize.)
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