Tifton Gazette

December 3, 2009

Sonny’s says other reasons behind franchise removal

By Angie Thompson, Senior Reporter

TIFTON — Spokemen for Sonny’s Franchise Company said Thursday that the local restaurant was scheduled for closure Nov. 30 not because servers there were wearing “inappropriate uniforms” or because religious symbols were displayed in the restaurant, but for “many infractions” to the signed contract between former local franchise owner Bill Davis and the corporation.

According to a press release e-mailed Thursday from the Sonny’s corporate office in Maitland, Fla., the Tifton location was closed after the license agreement was not renewed by the franchisee (Davis) in December 2007, which would have initially required the location to close in March 2008. According to the press release, Davis signed an extension of the license agreement in order to avoid a “fire sale” and Davis agreed to adhere to all Sonny’s “system standards.” Also, the company said, “after many extensions and additional opportunities were granted to the franchisee, the store was scheduled to close Dec. 31, 2009.”

Employees at the former Sonny’s, now The Smokehouse Restaurant, routinely wear patriotic “I Pledge...I Pray” T-shirts Davis had made after 9/11 instead of the company-issued uniforms and a small carved wood figure of Jesus sat on one of the shelves inside the restaurant. Davis said earlier this week that the company took issue with the employees wearing the shirts and the trinket on the shelf. That issue, Davis said, and the fact that the company mandated he begin selling beer and wine at the restaurant, were his major concerns.

“At Sonny’s, we respect the rights and liberties of not only our guests but our franchisees as business owners, to practice any religion they choose,” Bob Warmth, chairman and chief executive officer of Sonny’s Franchise Company is quoted as saying in the press release. “As a chain, Sonny’s has system standards in place to ensure that as a company, we are non-partisan, both politically and religiously inside the restaurant and on restaurant property.”

“Conscious of religious celebrations, Sonny’s offers a 'Flex' holiday to franchisees that allows them to close their locations on holidays, such as Easter, in addition to Christmas and Thanksgiving,” the press release states. “With reputation as evidence, Sonny’s is a strong community partner and a responsible corporate citizen. The company has donated millions of dollars to organizations across the Southeast, including faith-based organizations. Sonny’s will continue to operate this way for the entire chain and for the communities in which we live and work. We appreciate the support of all our loyal Sonny’s guests.”

Monique Yeager of the Sonny’s Franchise Company said in a telephone interview Thursday that Sonny’s Restaurants have served beer since 1968 when the first restaurants opened, with the exception of those restaurants in “dry counties.” She said the contract Davis signed when he bought the franchise rights to the Tifton Sonny’s more than 20 years ago included the stipulation that the restaurant sell beer and every agreement since has included the stipulation and that the company expected him to comply when Tift County became a wet county in 2004.

Davis said that he applied, at some point, for a license with the City of Tifton to serve beer/wine in the restaurant, but then made the decision not to sell alcoholic beverages.

“We weren’t in compliance with the contract and we knew we weren’t,” Davis said. “We would have stayed if it had not been alcohol, but we’re happy.”

Also, Yeager said, when the company failed to renew the franchise license agreement in 2007, Davis sent an e-mail requesting a new contract and then met with the company’s staff at the corporate office and signed a new agreement that required him to “do some renovation to the restaurant.”

“It was very old,” Yeager said. “The contract required him to bring it up to system standards. He signed the agreement willing to do that and several things didn’t get done and we would extend extensions and give him every opportunity.”

Yeager said Davis signed a 24-month agreement to “avoid a fire sale.” She said the company didn’t pursue Davis’ refusal to sell beer in Tifton because the local restaurant was already scheduled to close Dec. 31, 2009.

Davis said Thursday that he made $80,000 worth of renovations to the restaurant, including painting and renovating the rest rooms. He said he also spent $11,000 last year to have the large sign changed outside when the company changed its logo.The renovations and clean-ups Davis completed brought him into compliance for the 24- month extended agreement that he signed, Yeager said.

“We used their contractor out of Fernandina Beach to do the work,” Davis said. “We wanted to follow them and make sure it was done their way.”

An e-mail circulating in the Tifton community insinuated that a “headknocker” with the Sonny’s organization had visited the Tifton restaurant and told the corporate office about the employees wearing the T-shirts and about the “Jesus” trinket on a shelf there.

“We have team members who travel on vacation or going to football games and we all work for Sonny’s,” Yeager said. “We will stop and see what a Sonny’s looks like and, as a corporate team member, you come back with suggestions.”

Also, Yeager said, the company has field supervisors and the franchisees use them for advise.

“Sometimes they (field supervisors) give difficult feedback to the franchisee, but the franchisee takes that information and uses it to become more successful and that is why we have been so successful,” Yeager said.

Yeager said the company has franchises in Valdosta, Warner Robins, Macon, Perry and as far as Panama City and “they give thousands upon thousands of dollars back to their communities and they’ve been in their communities as long or longer than Bill Davis has.”

“They give to faith-based organizations as does the corporate office,” Yeager said. “The franchisees are active in their churches and speak with their pastors frequently. As a company, we do have system standards as other companies do, with the same sort of ceilings as everyone has in business and that is not to squash anyone’s right to faith but to respect the rights of everyone’s faith, not only Christians' but everyone’s.”

“The company has donated millions of dollars to organizations across the Southeast, included faith-based organizations. Sonny’s will continue to operate this way for the entire chain and for the communities in which we live and work,” the press release stated.

Davis maintains that the Sonny’s corporation has been very helpful to him and his business over the years, but he believes he made the right decision not to sell alcohol at the restaurant.

“The people have been very cooperative but the two big objections were the alcohol and the religious items,” Davis said. “We didn’t give in and we are no longer a Sonny’s.”