Protect Against Unruly Restaurant Queues and Crowds
Problems can arise when a restaurant tenant draws so many customers that long lines—often referred to as “queues”—form, or crowds gather in the common areas near the restaurant. Someone could get hurt if a queue or crowd becomes disorderly or unruly, and, as the owner, you could be liable. To avoid a lawsuit, negotiate in the lease that the tenant must maintain tight control over its customers, and carve out your right to enforce additional controls.
Require Tenant Controls
If too many restaurant customers visit your building or center, you could have to deal with common area disruptions, spend more money to maintain common areas, face complaints about noise from other tenants, increase security, or worry about the possibility of someone getting hurt from being pushed or shoved while in line. And if you consistently allow queues and crowds to become disorderly, your building or center could get a bad reputation, scaring away tenants that don't want to rent space from an owner who doesn't operate the property in an orderly manner.
To avoid these problems, place the responsibility on the restaurant tenant for keeping queues orderly and crowds under control. Ask your attorney about adding the following language to your lease provisions to shift responsibility for tight queue and crowd control to your tenant. Otherwise, the responsibility will fall on your shoulders, because typically you're responsible for what goes on in the common areas.
Model Lease Language
Tenant agrees to: (i) maintain all queuing, which occurs due to the use of the Premises described in Clause [insert # of use clause] of this Lease, in an orderly fashion whether such queuing occurs inside or outside the Premises or the [Building/Center]; and (ii) keep all crowds, which may gather due to the use of the Premises described in Clause [insert # of use clause] of this Lease, under control whether such crowds gather inside or outside the Premises or the [Building/Center].
Additionally, have the tenant agree to comply with any other directions you think are necessary to keep the queues and crowds orderly and under control.
Model Lease Language
Tenant agrees to follow Landlord's other directions regarding orderly queuing and crowd control.
Establish Owner Controls
Negotiate the right to demand additional controls over the tenant's crowds and queues. In the lease, require the tenant to hire extra security guards and/or install moveable theater ropes alongside the restaurant's entranceway if the tenant isn't keeping adequate control of its customers. And specify that the restaurant tenant will pay for those additional measures.
Model Lease Language
If Landlord determines, in its sole judgment, that Tenant has not complied with Paragraph (a) hereof, Tenant will, upon Landlord's direction and at Tenant's sole cost and expense: (i) hire a security guard or guards; and/or (ii) install temporary and removable crowd control devices in areas designated by Landlord.
Also, give yourself a self-help right to carry out the additional controls or your other directions on the restaurant tenant's behalf if the tenant refuses to comply with them in the lease provisions. To protect your wallet, require the tenant to reimburse your self-help costs.
Model Lease Language
If Tenant fails to comply with Landlord's directions pursuant to the paragraphs hereof, Landlord shall have the right to do so on Tenant's behalf, and Tenant shall reimburse Landlord for the cost and expense of doing so.