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Retail Restaurant & Hospitality Law

Shaken and Stirred: Federal Court Declares Texas Alcohol Laws Unconstitutional

On Tuesday, United States District Judge Robert Pittman issued a fifty-page order that will likely have a profound impact on retailers that currently sell or are looking to sell alcoholic beverages in Texas. The lawsuit, brought in 2015 by Wal-Mart Stores […]

Overview Of Alcohol Liability In Texas – Part III (Sale To Minors)

In order to be liable for the improper sale or provision of alcohol to a minor, it must be shown that: (1) the person or provider was an adult that was at least 21 years old, who was not the minor's parent, guardian, spouse or custodian; (2) the […]

May I See Your ID?

On January 1, 2018, a new Texas law went into effect permitting a merchant to request a government-issued photo identification to verify the identity of a credit or debit card user – and decline the transaction if the buyer refuses to show it. & […]

Proposed DOL Tip Pool Regulations: Good News (or not?)

Tip pooling in the hospitality industry has long been a method of increasing pay to certain employees and to allow the employer to pay lower "wages" than would otherwise be required.  Under the Fair Labor Standards Act ("FLSA" […]

Michael A. Logan

Hotel Security Reexamined After Las Vegas Shooting

Following the recent mass shooting in Las Vegas hoteliers are taking a second look at balancing guest security with a welcoming atmosphere. Some have described security in the hospitality industry as a "conundrum" because "the concept […]

Overview of Alcohol Liability in Texas – Part II

A provider is someone who sells or serves alcoholic beverages.  Generally, in Texas, providers are licensed and regulated by the Texas Alcoholic Beverage Commission ("TABC").  However, a person need not be licensed by the TABC to be classified as a […]

Hurricane Harvey's Untold Impact on Texas Businesses

In an era where retailers face mounting pressures forcing increased store closings and bankruptcy filings, the full impact on the industry in the wake of devastation caused by Hurricane Harvey is still unfolding. A preliminary estimate by Moody's Analytics […]

Hurricanes: What Does Force Majeure Mean to My Business?

By now, the names Harvey and Irma have become synonymous with havoc and destruction. Aside from the devastating effects of these storms on personal property, they also caused businesses to grind to a halt. Flooding, loss of business inventory, irreparable […]

Can I Get a Refund on My Gift Card? In Texas, Yes!

Gift cards from retailers, restaurants, and hospitality clients continue to be a growing aspect of the industry. In 2009, Congress passed the Credit Card Accountability Responsibility and Disclosure Act which governs store gift cars, gift certificates […]

22 Retailers On the Verge of Bankruptcy?

According to Money Magazine, 22 Retailers are on the verge of bankruptcy!  The article cites a report released last week by Moody’s Investors Service that indicates ratings of Caa or worse—defined as “subject to very high credit risk”—to […]

Michael A. Logan