I am a full service restaurant. I will open next to a restaurant, which is an extension of the restaurant that will serve baked goods, legal advice

Hello Guys! I hope you are well

I signed a lease, with Starbucks as a close neighbor.
I am a full service restaurant. I am opening next to my restaurant, an extension of my restaurant that will do baked goods, juice bar, sell sandwiches, and potentially sell coffees TO GO. On my lease, the following clause appears to be a disturbance to my vision and concept.
please see below
" Tenant will not use any of the premises for the sale of a) freshly ground coffee beans b) espresso or espresso-based coffee drinks, or c) gourmet, brand identified brewed coffee. Notwithstanding this restriction, if tenant is a full-service sit-down restaurant that serves a full dinner or lunch menu, then tenant may sell brewed coffee or hot espresso drinks for on premises consumption only."
After researching a little bit about Starbucks company policies, I found out in their 'Standard of business conduct" book 2017 the following:
"Fair Competition Fair competition laws are intended to promote vigorous competition in a free market. It is in Starbucks best interest to promote free and open competition. Starbucks must make its own business decisions, free from understandings or agreements with competitors or suppliers that restrict competition. We consider compliance with these laws of vital importance. When conducting Starbucks business, all partners must: • Not discuss pricing, production or markets with competitors • Not set resale prices with customers or suppliers • Always present Starbucks services and products in a manner consistent with our core values • Not induce a third party to breach an existing agreement • Never act in a manner that could be seen as an attempt to exclude present or potential competitors or to control market prices "
To my opinion it seems like they go against their own code of conduct as a business.
I am a simple restaurant owner and not a lawyer. I would like to hear what you guys think about that

1 comment

  1. NAL… perhaps do one of those partnerships with Starbucks where you sell Starbucks coffee too. It wouldn’t necessarily be competition, you’d still keep your name and brand, offering your customers a wider range of menu options while also serving Starbucks coffee
    But then, I believe this shall be addressed with the landlord as to why you have the restriction, if it is because they have a Starbucks in the same complex you can share starbucks standard of business conduct, or perhaps it could be a city, county restriction. However it was there when you signed your lease, I get it plans change, businesses evolve but if this would become a problem in the future, which is now, something like this could’ve/should’ve been taken into consideration prior to entering into a lease agreement
    Would it be possible for you to perhaps expand your business in a different but close location?
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