Food Hall and Entertainment Use Leasing: Practical Considerations, Key Provisions for Landlords and Tenants

A live 90-minute premium CLE video webinar with interactive Q&A


Tuesday, November 30, 2021

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, November 5, 2021

or call 1-800-926-7926

This CLE course will explore the unique issues facing landlords and tenants negotiating leases for food halls and entertainment uses--from motion picture theaters to concert venues to sports arenas. Our panel will advise on how best to draft basic lease provisions, construction issues, percentage rent, co-tenancy, maintenance, and other vital issues, as well as provide guidance on addressing the risks associated with such arrangements.

Description

One of the hottest new trends in the hospitality industry is the food hall. The number of food halls in the United States has increased exponentially and has tripled since 2018. Unlike the traditional shopping center food court, the food hall is typically an entertainment complex combining fine dining, bar atmospheres, and live entertainment forums in one location.

Food halls bring unique legal challenges, including artful drafting of leases, supporting documents, and operational rules that differ for each food hall facility.

Similarly, entertainment uses present additional and varied legal considerations relative to typical retail tenants. Theaters today are often accompanied by the sale of prepared food and alcohol. Other entertainment uses have entered the scene, including indoor skydiving, golfing, escape experiences, and even ax-throwing. The unique situation created by COVID-19 and the potential threats of future highly transmissible diseases has recentered the needs and legal liabilities of these industries.

Entertainment uses present unique challenges to the landlord and the tenant to achieve the balance between allowing the tenant to operate its business while offering protection to the landlord to ensure the entertainment use does not interfere with the project's operations. Parking, exclusive uses, prohibited uses, signage, visibility, access, noise, and security are just some of many items that play a role in lease negotiations between a landlord and prospective entertainment tenant.

Listen as our panel of experts in real property transactions provides practical guidance on how to best address the issues and balance the interests of each party involved.

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Outline

  1. Introduction
  2. Food halls
    1. Structuring the deal
    2. Design, layout, and construction
    3. Permitting considerations (i.e., alcohol permitting)
    4. Use and exclusive use clauses in a food hall environment
    5. Miscellaneous
    6. Replacing underperforming or poorly operated food stalls
    7. Structuring of tenant reimbursements
    8. Management of food hall tenants and patrons
  3. Entertainment uses
    1. Access and visibility
    2. Parking
    3. Construction and noise
    4. Percentage rent
    5. Co-tenancy
    6. Permitted uses
    7. Continuous operation
    8. Protected uses
    9. Prohibited uses
    10. Security
    11. Signage
  4. Practical considerations and best practices

Benefits

The panel will review these and other critical issues:

  • What are the practical considerations of entering into food hall or entertainment use leases?
  • How has COVID-19 affected food halls and entertainment use leases?
  • What are the risks associated with such unique arrangements?
  • What are solutions to conflicts with REAs, covenants, and existing leases?

Faculty

Bouskila, Mayan
Mayan Bouskila

Partner, Chair, Real Estate Group
Helbraun Levey

Ms. Bouskila is the Chair of the Real Estate Group of Helbraun Levey. She has deep legal and business acumen and...  |  Read More

Gessner, John
John B. Gessner

Partner; National Co-Chair of Hospitality Practice Group
Fox Rothschild

Mr. Gessner is a seasoned corporate lawyer who provides comprehensive legal guidance to growth-stage businesses,...  |  Read More

Attend on November 30

Early Discount (through 11/05/21)

Cannot Attend November 30?

Early Discount (through 11/05/21)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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