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This study identifies the key provisions that concern restaurant operators who hold the
lease for hotel F&B operations
by Keith L. Goldman operator or restaurant-
restaurant restaurantoperators through lease
and James J. Eyster management company. This agreements.
&dquo;farming out&dquo; process is usually
arranged by means of either a Exchanging Vows
HISTORICALLY, RESTAURANTS management contract or a leasing The study on which this article is
have been viewed by many hotel arrangement by which the lodging based investigated the nature of
owners as a necessary evil offered company acts as the lessor and the
by the property to accommodate restaurant company as the lessee. Keith L. Goldman has worked in
guests’ needs for food and bev- At first glance, a leasing ar- various restaurant-management
erage. Today, with the weakness rangement appears to be a great and consulting positions on the
in occupancy rates, food and opportunity for independent Eastern Seaboard and is currently
beverage operations have taken on restaurant operators who have innkeeper at the Sherwood Inn in
a new level of importance. found it increasingly difficult to Skaneateles, New York. In 1991 he
With the rise of the limited- start new operations in the face of earned his M.P.S. degree from the
service segment, many lodging site saturation, skyrocketing School of Hotel Administration at
properties have &dquo;farmed out&dquo; their start-up and real-estate costs, and Cornell University, where James
F&B operations to an independent lack of financing prospects. This J. Eyster, Ph.D., is the Hospitality
article examines the &dquo;marriage&dquo; Valuation Services Professor of
© 1992, Cornell University. between lodging companies and Hotel Finance and Real Estate.
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those objectives.
Points of concern. My focus is
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on only those provisions of the ’b-
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I.,
lease agreement that are of partic- -il3
ular concern to the restaurateur g
and those provisions that have .8
l@
been reported to cause uncertainty -Z~Q..,
and perhaps friction between the This Best Western property in Ithaca, New York, while not part of the study,
two parties in already existing is an example of a limited-service hotel that has lease agreements with
agreements. (I do not attempt to restaurant operators to provide on-site food and beverage services.
analyze the entire lease agreement
provision by provision and I do not received the questionnaire, 14 com- study, therefore, does not examine
get into anextensive discussion of pleted and returned the question- differences across market segments
the provisions from the hotel’s naire. Those 14 operators repre- or brand names.
point of view.) sented a total of 24 restaurants. The study also deals only with
Restaurateurs have to adapt to Five of the respondents leased two selected provisions of a lease and
the nuances of the hotel environ- or more units. Of the 14 respon- excludes many provisions that may
ment that are different from those dents, 10 were interviewed for be of equal importance. The
of a free-standing restaurant. further information regarding their analysis is performed strictly from
Examples of provisions that are responses to the questionnaire. the restaurant operator’s perspec-
likely to be of major concern to the In I interviewed
addition, tive and is thus markedly biased in
restaurateur include the terms of managers from one chain restau- that direction. Other limitations
the lease, the rent structure, rant company representing five include the possibility that some
banquet services and facilities, restaurants that had terminated participants were reluctant to
room service, operating hours, its lease agreements with a single disclose sensitive information.
operating expenses, and marketing hotel company.
Factors Influencing the
and advertising. My final interview was with an Lease Agreement
Aspects of coexistence, unity of industry expert in hotel-restaurant
standards and goals, and control leasing agreements who has According to Robert Patterson (who
over operations are discussed. The established such programs for at the time was with the now-
successes and failures of previous various hotel and restaurant defunct firm of Laventhol and
agreements will be analyzed companies. Horwath), F&B departments
through the eyes of the Limitations. A major limitation across the board
produce about a
restaurateur. of this study is that the informa- 16-percent profit before unallocated
Methodology. I sent a ques- tion depicts only the nature of lease operating expenses are deducted
tionnaire to 30 restaurant opera- agreements between one limited- versus a 70- to 75-percent profit for
tors who were involved in a lease service lodging company and the rooms department.’ It’s
agreement with a particular several of the restaurant groups reasonable, then, for a hotel
limited-service lodging company. that have engaged in lease agree-
’Megan Rowe, &dquo;Can F&B Make Money?&dquo;
Of the 30 restaurant operators who ments with that company. The Lodging Hospitality, June 1990, pp.77-78.
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percent and 10 percent of yearly this arrangement, the restaurant portion of the restaurant’s reve-
gross sales, with the average being operation pays a set minimum rent nues via hotel-guest traffic.
7 percent to 8 percent. then adds a percentage of gross New hotels and new restaurants
Rent was found to be calculated sales. Typically, the lower the both require a period of time to
in one of three ways: on a flat-rate percentage, the higher is the establish themselves in the local
basis; on a percentage basis; or by minimum (base) payment. A market. It is common, therefore,
some combination of both. Only sliding-scale percentage can be for the restaurant operator to
two restaurant operators reported used here as well. This method negotiate an &dquo;adjustment&dquo; period
paying rent based solely on a fixed, allows for more creative negotia- during which time no rent or
flat rate. tions whereas it is often beneficial partial rent is paid. This arrange-
In six instances, the restaurant for the restaurant operator to trade ment can be an enormous help to
operations’ rent was calculated off a higher percentage on a sliding operators who typically have
solely on a percentage basis. Under scale for a lower minimum rent. greater cash outflows than inflows
this arrangement, the restaurant (As sales levels become elevated, during the start-up period. (Start-
operator applies an agreed-upon profit margins tend to accelerate up costs ranged anywhere from
percentage to monthly gross sales and the incremental cost of the $50,000 to $400,000 among the
figures to determine that month’s higher percentages on a sliding respondents who participated in
rent payment. Five of those six scale have minimal effect.) this study. Those costs included
restaurants use a sliding scale so Seven of the restaurant opera- purchasing smallwares, paying
that the percentage rate (rent) tions paid rent according to a for such pre-opening expenses as
increases incrementally as certain minimum fixed rate or according to marketing and training, and-
sales levels are achieved. For a percentage of gross sales- in the most extreme cases-
example, oneoperator pays 8 whichever proved to be the great- renovating and redesigning the
percent gross up to three million
of est amount for that particular restaurant.)
dollars, 9 percent if sales are period. Under this type of agree- Of the 24 restaurants repre-
between four and five million, and ment, rent stays fixed up to a sented in the study, only three
10 percent if sales are over five certain level of sales and then were unable or did not attempt to
million for the year. switches over to a percentage of negotiate a rent-adjusted period.
The five using the sliding sales beyond that point. For For the rest of the restaurants
percentage averaged between 8 example, respondent reported
one represented, all but one negotiated
percent and 10 percent rental having a rental agreement that rent-free adjustment periods
expense as a percentage of yearly called for a $10,000 monthly rent ranging in length from two months
gross sales, putting them among or 8 percent of sales, whichever to one year. One restaurant
the highest of those represented. was greater. operator negotiated an adjustment
(The sixth had a straight 3-percent- Rentpayments involving period requiring payments based
of-gross-sales agreement, making it percentages are usually annualized solely on a percentage of gross for
the second lowest rent-payer in the and adjusted at year end to make the first six months, thereby
entire sample.) Some operators up for fluctuating monthly sales avoiding a minimum, fixed pay-
expressed animosity toward the volumes. ment during that time.
Arrangements whereby rent The reasonableness of the
3Bill Main, "Restaurant Leases: Like Money comprises both a base amount and adjustment period is usually a
in the Bank," The Cornell Hotel and Restaurant
a percentage of the gross are factor of the hotel’s location, the
Administration Quarterly, 30, No. 3 (November
1989), pp. 83-89. typically more beneficial for the expected sales volume of the
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Expenses that were paid for by were successful in negotiating on restaurant sales. For the most
the restaurant in every circum- virtually all operating expenses to part, the restaurant operators felt
stance were telephone and menu the hotel company. that the banquet and catering
expenditures. There would not Of those costs for which the services were the key to their
appear to be much room for negoti- restaurant operator is responsible, livelihood and that without them
ation in those categories for the a reliable and fair method of their marriage with the lodging
obvious reason that they are both allocation must be determined. In company would lose one of its
entirely at the discretion of the most cases, utilities are metered major advantages.
restaurant operator. separately. In other situations, Negotiation of this provision is
In terms of furnishing and utilities are divided between the primarily concerned with who has
equipping the restaurant, the hotel hotel and restaurant by means of access banquet rooms and
to the
operator usually supplied all the square-footage allocations. In other when, who is to control the booking
furniture, fixtures, and equipment operations, the restaurant agrees of the function rooms, and who is to
(FF&E) for both the front and back to pay a fixed monthly amount to control the scheduling of catered
of the house. The restaurant the hotel operator. These last two events. It is important that the
company traditionally supplied the methods of allocation are not as questions of &dquo;who&dquo; and &dquo;when&dquo; be
smallwares and other &dquo;tools of the reliable an assessment of utility settled up front, before the lease is
trade.&dquo; In only one instance did the consumption as is the separate signed, to reduce potential conflict
restaurant operator supply the metering of those utilities. Restau- down the road and to ensure
FF&E, however, in five instances rant operators who use the non- profitability for the restaurant
the restaurant operator did share metered methods report some while allowing for reasonable
the cost for FF&E. dissatisfaction with the results. delivery of hotel guest services.
Smallwares were supplied by Banquet services, facilities. The banquet-services provision
the hotel in five instances. The Banquet services was viewed by a caused the highest levels of conflict
maintenance and repair of the majority of the respondents to be between the two entities, according
furniture, fixtures, and equipment an area of vital importance to the to the survey responses. The hotel
were predominantly at the expense success of the restaurant operator operator, on the one hand, feels a
of the restaurant, were sometimes and was perhaps second only to strong obligation to have meeting
the joint responsibility of the two determining the rent in the overall and banquet rooms available for its
entities, but were never solely paid importance of lease provisions. As guests at all times. The restaurant
for by the hotel. The replacement of banquet services and catering are operator, on the other hand, needs
FF&E was also found to be prima- often new territory for many and wants to generate as much
rily at the expense of the restau- restaurant operators, many of the catering business as possible from
rant, in which case the hotel respondents felt they were at a the local market. The types of
operator might stipulate that a disadvantage during the initial functions the restaurant operator is
reserve fund be set up into which negotiation of this provision. likely to solicit from the community
the restaurant operator must make Banquet services, as referred to (e.g., weddings, receptions) require
periodic contributions. The amount here, include the facilities the hotel lengthy reservation periods to
of the contribution, if such a has available on its premises to secure, sometimes a year or more.
provision is in the lease, was support meetings, social functions, Some respondents suspected
usually between 1 percent and and other gatherings of various that hotel owners simply don’t
2 percent of monthly gross sales. sorts and sizes. want business of that kind at the
The survey findings reveal a Revenue from banquets and hotel because of the potential wear
great deal of flexibility with regard catering services accounted for and tear on the property that can
to negotiating for payment of between 20 percent and 50 percent occur with such functions and
operating costs. Because of this, of the restaurant operators’ total because the hotel itself is not
those expenses should be consid- sales, with the average being dependent on such business.
ered individually and negotiated as between 35 percent and 40 percent. Hotels traditionally are not
such, rather than lumping several The profit margin on such sales willing to reserve far in advance
together under convenient head- ranged between 15 percent and function space for events that don’t
ings such as &dquo;utilities&dquo; and &dquo;re- 65 percent, with the average being generate rooms sales. The idea is, a
pairs.&dquo; Most restaurant operators between 45 percent and 50 percent. hotel guest or group might need
shifted at least some operating This compares to an average profit that space instead on relatively
expenses to the hotel and a few margin of 15 percent to 17 percent short notice (several weeks versus
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agreements gave exclusive rights agreed upon joint control over the the restaurant’s servers. (These
to some but not all of the function booking of functions. The levels of operators also reported busy
rooms and others granted rights to conflict and satisfaction varied restaurants in general, thus the
any room after 5:00 PM. among this group depending mostly incremental cost of additional labor
Other agreements had function on restrictions to access to the for room service was insignificant.)
rooms tightly restricted, in which facilities. In all cases, the restau- The most important lease
case function rooms were released rant operator, regardless of who provision to negotiate with respect
on a first-come, first-served basis booked the function, was always to room service is the hours of
for periods of only 30 to 120 days the entity that provided the F&B operation. Ideally, room-service
from booking until the proposed services, set the price, and received hours should correspond to the
function date. Generally it can be full payment. None of the opera- hours that the restaurant is open
said that the tighter the restric- tions reported having to pay any (thereby minimizing labor costs).
tions on the function rooms, the additional rent for the use of the Only seven F&B operators in this
greater the opportunity that high- banquet rooms and facilities, sample did not or could not negoti-
margin banquet revenues were although hotel operators were ate such an agreement, and those
being lost by the restaurant allowed to charge the guests a seven reported that it would have
operation. room-rental fee if they so desired. been preferable to have done so.
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length with the hotel owner and success. agreements is that independent
have any agreement clearly Success in the context of this restaurant operators clearly
written into the lease. study is defined as the restaurant appear to be more successful than
All but five of the operations in operator’s achievement of a chain operators. Chain operators
this study had a separate exter- minimum acceptable return on were said to react much slower
ior entrance to the restaurant. In operations and a good relationship than independents when problems
all but one, the restaurant could with the hotel company in achiev- arose and they did not adapt to or
also be reached by a separate ing those returns. Although some understand banquet and room
interior entrance (for hotel might question the importance of service as well as the indepen-
guests). The absence of an ex- good relations to bottom-line dents. Chain operators had poor
terior entrance could easily be profits, it became apparent relations with hotel operators
the difference between success throughout the course of this because of their difficulty in
and failure for a restaurant. study that acceptable returns communicating with their own
Local customers are usually not and good relations between the chain’s corporate management.
drawn to hotel restaurants and hotel company and the restaurant Independent restaurant operators,
the probability of their walking operator often went hand in hand. on the other hand, were said to
through a hotel lobby to find a Success factors. The three work much better because they
restaurant is slim compared to most critical success factors in were personally involved with the
their using an exterior entrance. achieving profitability under day-to-day operations and put
An exterior entrance could be a hotel-lease arrangements are their &dquo;life’s blood&dquo; into making the
hard item to bargain for if an (1) rent structure, (2) banquet restaurant successful.
existing hotel’s restaurant has no and catering sales, and (3) ability
such layout, but if the hotel were to attract local clientele. Implications for the Future
in the development stage, an The study also indicated that Although the concept of leasing
outside door would certainly be the big chain-restaurant operators out the F&B facilities and services
an item worth negotiating for. had more difficulty achieving of a hotel has met with mixed
their financial goals than did success over the last several years,
Success versus Failure it appears that this trend will
small, independent operators. The
For restaurant operators, hotel primary reason for this is that continue to gain popularity-
lease agreements provide new chain restaurant companies have especially with limited-service
opportunities. With financing higher expenses than do the lodging companies. The reason
being difficult to obtain, the low independents. These higher that this trend will continue to
capital requirement of leasing expenses include paying for grow is that such agreements can
restaurant space from a hotel middle management and for be beneficial all around and
owner is an appealing way to greater advertising and market- because the advantages for both
grow. Finding favorable locations ing allocations. parties of a properly structured
for restaurants is also becoming Hotel relations. Operating a lease agreement outweigh the
considerably more difficult. restaurant in a hotel environment disadvantages. CQ
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