But who wants to eat in a restaurant without any tables? I guess she should have researched this first, but this is breaking my heart. She works hard, and has a good product. People used to eat there. But she's going broke. She's now selling her plasma at a blood bank to try to keep the place going.
Any FR restaurateur or lawyer see a way out for her?
The Americans with Disabilities Act. The Americans with Disabilities Act (ADA) requires all businesses that are open to the public or that employ more than 15 people to have premises that are accessible to disabled people. Make sure that you and your landlord are in agreement about who will pay for any needed modifications, such as adding a ramp or widening doorways to accommodate wheelchairs.
https://www.nolo.com/legal-encyclopedia/commercial-lease-basics-29934.html
She may also want to check with the office of the inspector (was it health dept or other?) and find out exactly what is required. For instance, if each of the bathrooms (men’s and women’s) are small and say only have 2 stalls each, can she convert to a single handicapped stall in each? As for the work itself, yes if the doorways have to be widened as well as adding the handicapped accessible stalls, toilets, handrails, sinks, I can see that it could be expensive but I would encourage her to get more quotes and there may be options to purchase used fixtures, such as when another establishment has closed.
She might also want to check out the SBA to see if she qualifies for a loans, especially as a woman owned business.
1) will mall management be amiable to her transferring her space lease to a space that has a restroom if she doesn’t have one in her shop?
2) will mall management let her put a few bistro tables outside ala Starbucks (corner location)?
3) was the fact she was opening an eat-in restaurant spelled out in the lease and did the management company represent the space as suitable for an eat-in restaurant?
If the answer to all 3 is ‘no’, then she has no recourse.
If the answer to the first two is ‘yes’ then problem solved. If the answer to the first two is ‘no’ but the answer to the last question is ‘yes’ then she needs to see a lawyer tootsweet. p.s., don’t withhold the rent but have it paid to a trust account the lawyer will set up - looks better with the judge if it comes to that.
I don’t know about 10K, (unless that’s a quote from the management co. who will fleece her six ways to sunday since she is their ‘captive audience’) but basically, a handicapped accessible restroom is an extended stall or single room wide enough for a wheelchair to do a three-point turn, with a door wide enough for a standard wheelchair, with handrails by the toilet, and a sink with lever faucets that’s table-height a person can reach seated, where there is another handrail. Subway is a good example to visit. Slap a handicap-assessible sign on the door. A few hundred dollars at the most to upgrade an existing restroom, and a thousand in city inspector work permits. (another p.s., - do NOT install the handrails yourself - hire a licensed contractor. Somebody is bound to pull one out of the wall and you want to deflect the lawsuit that will surely follow)
What state and what agency did the “inspector” come from?
Restaurants are usually inspected by the health department and generally speaking, ADA enforcement is not part of their job (at least where I live).
From experience I can tell you that anytime an inspector tells you something, you should ask them to show you where that is in the code. About half the time they are making stuff up because somehow they got it into their thick head that they are supposed to micromanage the businesses they inspect.
I worked in a small Post of Duty for a government agency during the 80s. The agency rented the office from the GSA who in turn rented it from the owner. I think there were 0 employees.
Around 1987 the owner had to modify our bathroom for handicapped. No choice about it.
Some of the older guys had been there over 20 years and they got to remembering and there had never been a handicapped person in the office. In the odd event one did need to use the facilities, someone would have been happy to help them without the huge stall.
Is there no grandfather clause in that law, so that pre-existing buildings that don’t have handicapped-accessible restrooms are exempt?
I'd think..that was an extreme move.
Just maybe...she wasn't prepared money wise for any hiccup..????
She should have done her due diligence. ADA regulations are readily available. Her architect or whomever drew up floor plans should have advised her about the seating requirements for wheelchair access in a restaurant. There was no reason for her to rip up all the tables.
Was this an existing tenant space with existing bathrooms? The requirements for alterations are not as strict as for new construction.
The real estate agent who handled the sale might have been required to disclose if the space would need alterations to meet the new occupancy. I’m not sure but your friend should find out.
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.
It sounds like she got her other advice from the interwebs.
Tell her to get a LAWYER.
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 should get a roach coach. There is a small higher end restaurant in our town that had to vacate their premises because of highway construction. They set up a roach coach and made more money there then they did at the previous location.
In NYC there is a limit to the number of tables you can have without a restroom. Pizza places often don’t have one.
Any FR restaurateur or lawyer see a way out for her?
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It would appear the regulation is unreasonable, arbitrary, and capricious. What have tables got to do with whether you have a handicap restroom?
I just realized my previous replies do not apply for her situation. I was hasty in reading your OP. I missed that she had already opened. A building inspector would not do an inspection after a c/o was issued. So I really have no idea who that could have been. She needs to contact the authority having jurisdiction (city or county) and find out if they sent somebody out and why. Does she have any paperwork?
It is possible that some private group is going around telling building owners and tenants they are in violation and what they should do to fix it. But they don’t have any force of law behind them.
She should let the building department know that she wants to comply but cant afford to close the restaurant during design, plan check, and construction (of the ADA compliant restrooms) then ask if they would allow placement of ADA portable restrooms in the parking lot while she hires an architect and contractor. That would demonstrate good faith.
My totally lay persons advice when I consider your OP is this.
1.She should put the tables back in. Making sure to leave enough room for wheelchair access and seating.
2. She should contact the building department and find out if they or any other department sent somebody out to check for accessibility compliance after she had opened. If they did she needs to DEMAND a written notice of violation. This should include the date it must be fixed and how she can appeal the decision.
Was there any construction involved or did she just put in tables and move in?
3. She should review the terms of the lease to see who is responsible when tenant work or changes of occupancy will trigger upgrades to existing elements to comply with laws, regulations, and ordinances. Scratch that, she should have a lawyer review the terms of the lease.
4. If it is her. See ADAAG on “alterations to a primary function area” Then hire an architect and proceed accordingly. You know, plans, permits, etc. etc.
5. If it is not her have her light a fire under building manager to meet ADA for her lease spaced.
6. If it is not clear and the owners will not do any work CONSULT AN ATTORNEY because she may be better off to break that dang lease and move on.