But Rome wasn’t built in a day. And neither was Apple or Comcast for that matter. Succeeding at your dream of building your own restaurant or hospitality business starts by planting the seeds of good leadership and sound business infrastructure. As an owner in control of your business, you quickly come to know that everyday decisions aren’t made on guts alone. They are founded on sound decision making in order to avoid financial and legal pitfalls.

Here are a few good tips you’ll want to consider to when building your winery, wine or hospitality business that will help you avoid these pitfalls:

Prepare Your Business Plan For Your Winery Or Hospitality Business:
Rather than planning as you go, execute. Create a Business Plan that details your
business strategy to determine where your business is headed in the future. Identify
measurable goals and business tactics that will guide you.

Establish Early On The Ownership Structure Of Your Winery Or Hospitality Business:
Choose the business structure that is right for your business. Whether you’re a
Sole Proprietorship, Limited Liability Company, or Corporation, choosing the right
business structure that’s a fit for your business is key. In doing so, seek legal counsel
when necessary to assist you in making the right business choices.

Read Your Contracts:
Do not sign agreements you do not read. You may be presented with contract
agreements from your suppliers, vendors and speciality suppliers for products that
make your business unique. Consult with legal counsel to read your contracts and
advise you of the risks associated with various contractual provisions.

Maintain Good Record-Keeping:
Good record-keeping shows the quality of your company to future investors. Due
diligence is necessary to maintain good corporate formalities. Maintain policies
outlining your internal practices on check signing, accounts payable and financial
reporting.

Seek Legal Guidance When Franchising:
Many aspiring restauranteurs often look to buy a franchise when breaking into the
food and wine business. Franchising is not a guarantee of financial success. While
instant branding comes with franchising, there are also numerous costs associated
with franchising that you may not have contemplated. The U.S. Small Business
Administration provides guidance on answering common questions about franchising.
Before entering a franchise relationship, you will need to consider what opportunities
best suit your needs and interests.

Is there a winery, wine or hospitality business in your future? If so, join the new wealth economy, get your business on and watch your step!

Check out this new virtual sommelier aka Enomatic Wine Dispensing System. This high tech sommelier gone wild can be found at the CLO Wine Bar in New York, New York. CLO Bar has the right mix of edge and attitude to attract today’s generation of young drinkers. Its a visionary concept that may appeal to the future urban winery or trendy hot spot for the next budding restauranteur.

So just for today, I have momentarily veered away from a more serious post and have included a link for your viewing pleasure. Just between you and I…this spot has been added to my list of favorite places to visit. Perhaps I’ll see you there!

Based on the success of a recent trial run of two test kiosks, the PLCB has just announced it will be adding over 100 kiosks in grocery stores all over the Commonwealth.

A big question still outstanding is whether Pennsylvania produced wines will make it into the wine kiosks for consumer purchase. After all, if its good for Pennsylvanians to “eat local”, then why not “drink local”?

What say you?

But once you’ve come up with that one memorable business name that perfectly reflects your brand, you should now give consideration to taking those steps necessary to protect your business identity. Register your new business name as a trademark.

A trademark is a distinctive word, slogan, phrase, logo, graphic, symbol or other mechanism used to identify the product source and to distinguish your product from everyone else. If you’re starting out as a new winery, restaurant, or hospitality based business, having the exclusive right to use your selected name without interference and confusion by use of others can be greatly beneficial.

A good example is Black Boxed Wine. Its a wine that is sold in a square black box. Its very hard not to miss the identity and source of that wine and its brand. Its a product that is well distinguished from other wine brands. Just like Black Boxed Wines, if you’re the first to use and register your trademarked name you can prevent other businesses from using the same or similar marks.

How can you can achieve comprehensive protection of your brand’s identity? You can accomplish this by registering your mark under state, county and federal trademark laws.

To do so, you’ll need to conduct a full search to ensure no one else is utilizing the name or mark you have in mind. You can conduct your search by checking with both your Secretary of State’s trademark registers and the Federal trademark register at the U.S. Patent and Trademark Office. These are ways you can determine if the name you have selected is available for your business.

You may also consider the use of a professional trademark search service. While the latter can be quite expensive, such services have a high degree of reliability. A well conducted search will help you to avoid the possibility of paying damages to a first user in a trademark infringement suit who has challenged your use of their name.

Once you have checked the availability of your new business name, register your name with the Secretary of State in your jurisdiction and the U.S. Patent and Trademark Office. By doing so, you will have established the legal presumption that you are the trademark owner of your business name. You can more likely substantiate ownership if a dispute over your mark ends up challenged in a court of law or whether other marks exists that conflict with your own. If someone infringes your mark, you can hire legal counsel to pursue and protect your interests.

Does your Pennsylvania wine, winery, restaurant or hospitality business have a winning name? If so, protect your brand. Trademark your name.

If your establishment engages in the preparation, service or sale of food items, safe food handling helps to avoid legal liability from customers that are imbibing and dining at your establishment. Mitigating such claims is of major importance to the success of your business and brand.

As often evidenced by the Center for Disease Control and Prevention (CDC), incidents of food borne disease often emerges as a result of improper food handling.

To prevent these hazards, you will want to exercise appropriate food safety procedures for your winery, restaurant, or hospitality based business. Employing these tips will help you and your employees avoid complex food liability litigation while maintaining best practices for food safety as advocated by your state and local public health departments.

Top Food Safety Tips To Remember:
Handwashing: Wash hands frequently and practice good hygiene.
Food Storage and Temperature Control: Properly cook and store all foods at proper temperatures. Cold foods should be refrigerated at or below 40 degrees Fahrenheit. Keeping foods cold slows bacterial growth. Hot foods should be cooked at or above 140 degrees Fahrenheit. Keep cooked food hot until serving. Bacteria growth increases with food remaining at room temperature longer than two hours. Do not re-freeze food.
Sanitation: Use sanitary food and water sources. Replace/wash dish towels and sponges to prevent the spread of harmful bacteria.
Avoid Cross Contamination: Practice proper personal hygiene to safeguard against the transfer of harmful bacteria. Avoid smoking, eating, drinking, coughing and sneezing in the food preparation areas. Keep your ill employees at home.
Equipment: Keep all equipment clean, assigning food and equipment sink protections.
Vermin: Protect against flies, rodents and roaches.

By utilizing best practices in food sanitation and workplace safety, you’ll be assuring your customers that your winery, restaurant, and/or hospitality based business takes food safety seriously.

Now, that you have these tips under your belt, do have a great summer and get your food and drink on safely!

Sixty-two wineries state wide are participating in the Great Pennsylvania Wine Toast. Pennsylvanian’s are setting out to achieve a Guinness World Record for the largest number of people raising a toast on August 14 at various wineries simultaneously. Do get your pen, paper and wine out and join The Great Pennsylvania Wine Toast celebration.

For more information on the competition and how to apply read here: Pennsylvania Wine Association

Perhaps you too are considering opening a wine or hospitality business by purchasing a “franchise”. Maybe you already own a successful wine or hospitality business model that you would like now to franchise. If so, franchising may be your path to business.

When purchasing a franchise, while you don’t own the business, you own the rights to do business under the existing brand of the original business owner. Alternatively, as an owner of a franchise, you have an opportunity to grow your existing brand as other franchisees pay fees and grow their businesses. Whether or not you have the chops to enter the world of franchising, you’ll need to consider the many advantages and disadvantages of the franchise relationship.

When purchasing a franchise, the original business owner is known as the “franchisor”. The buyer of the franchise is known as the “franchisee”. Typically the franchisor will furnish the franchisee the operational plans to get the business underway . The franchisor will assist the franchisee in the daily operations and support of its business. In exchange for the franchisor’s expertise, the franchisee, can expect to invest thousands of dollars for this support through franchise fees, royalties, equipment costs, training, marketing fees and other costs.

The franchisor will license its way of doing business to the franchisee by executing a complex legal contract known as a Franchise Agreement. The Franchise Agreement will identify both parties commitments, restrictions, specifications, obligations, income and fee payments, warranties, customer service requirements, and terms of the business relationship. The Franchise Agreement eliminates a lot of the guess work that comes with the daily decision making processes of the business.

The Federal Trade Commission (FTC) requires that disclosure documents be given to franchisees before purchasing a franchise. Franchisors are required to provide buyers with a copy of the Uniform Franchisor Offering Circular 10 days prior to executing the Franchise Agreement. This franchise disclosure document provides prospective franchisees with basic information on the franchisor’s business, background, initial investment, fees, terms, and dispute resolution processes. The more you know about the franchisor, the better informed you’ll be to make a sound business decision.

Before entering a franchise relationship, determine what kind of franchise opportunity best suits your needs and interests. If you are concerned about the numerous risks involved in going it alone in opening your wine or hospitality business than franchising may just be the right vehicle for you.

For additional resources on how to start and grow your wine or hospitality franchise the U.S. Small Business Administration offers some useful guidance to assist you in buying a franchise.

Now, is there a wine or hospitality franchise in your future?

The wineries distribute the cards to the tour sponsor and document by way of an incident report, detailed information on the group’s behavior. The winery owner then calls ahead to the next winery on the trail to notify the tasting room staff that the flagged group may be headed their way. This allows the next winery owner on the trail the opportunity to decide whether or not to serve the group.

The Wine Trail Association has found the program to be well received by the local tour group leaders, Too, they have discovered that the practice has been found to be effective in curtailing poor behavior.

With numerous weddings, bachelorette parties and other local events planned throughout the year, this program has been found to be a useful tool in encouraging safe and responsible alcohol consumption.

If your winery participates in a wine trail association, perhaps your association may also want to consider safe measures to protect its establishments and minimize liability as your guests proceed down the wine trail. For more information, on the Wine Trails of the Finger Lakes Region, visit www.groupwinetours.com