Legal Question in Business Law in New York

Ideally you would use a basic photo likeness release that allows you to use the photo in connection with the promotion of your restaurant. Otherwise, you risk at the least a cease and desist letter for treading on the patron's "right of publicity", which you can read more about here.

http://www.wrlawfirm.com/Articles/wrm.article.rightofpublicity.html

I hope this helps.

I agree with Mr. Wahab, as far as he goes. However, if your restaurant plays host to anyone who is remotely "famous," where "famous" ranges from your local weather reporter to someone as recognizable as Princess Diana, you will definitely need a photo likeness release; famous folk have a strong right of publicity and they tend to protect it zealously.

There's a nice wiki about rights of publicity at http://ilt.eff.org/index.php/Right_of_Publicity .