Restaurant Licenses and Health Codes: What You Need to Open and Stay Open
Find out which licenses and health codes your restaurant needs — from food service permits and food handler certifications to seller's permits and health inspections. A practical guide for new restaurant owners.
Bizee Editorial Staff
Editorial Team
Introduction
Opening a restaurant means getting the right licenses and permits before you serve a single customer. Most restaurants need a food service establishment permit, a general business license, a seller's permit for sales tax, and food handler certifications. Requirements vary by state and city, so your local health department is the place to start.
Key licenses and permits every restaurant needs
Most restaurants need 4 to 6 permits before opening day. The exact list depends on your state, county, and city — but the core requirements are consistent across the country. Missing even one can delay your opening or result in fines.
General business license
A general business license authorizes you to operate a business in your city or county. You get it from your local government — usually the city clerk or county office. This is separate from your food-specific permits and is typically one of the first things you file.
Food service establishment permit
A food service establishment permit is the core license that authorizes your restaurant to prepare and serve food to the public. It's issued by your county or city health department, and you can't open without it. To get one, your facility needs to pass a pre-operational inspection covering equipment, plumbing, ventilation, and pest control. Permits are renewed annually or every 2 years depending on your jurisdiction.
Food handler certification and food protection manager
The FDA Food Code recommends that at least 1 employee with supervisory responsibility be a Certified Food Protection Manager (CFPM). Many states make this a hard requirement. Certification comes from passing an accredited exam — ServSafe is the most widely recognized program. Beyond the manager certification, most jurisdictions also require food handlers to complete basic food safety training and carry a Food Handler Card.
Seller's permit for sales tax
If your state taxes food or beverage sales, you need a seller's permit to collect and remit sales tax. You register through your state's department of revenue or taxation. Most states issue seller's permits free of charge, but you're required to display it at your location. Not having one when you're supposed to can mean back taxes and penalties on every uncollected dollar.
Liquor license
If you plan to serve alcohol, you need a liquor license from your state's alcohol control board. This is one of the most time-consuming permits to get — applications can take months, and some jurisdictions cap the number of licenses available. Start this process early, well before your target opening date.
Health codes and what inspectors look for
Health inspectors use the FDA Food Code — or a state-adopted version of it — as their standard. Most states have adopted it as the basis for their retail food regulations. Inspections happen before you open and on a recurring basis after that. The violations that come up most often are also the ones that are easiest to prevent.
Temperature control
Improper food storage temperatures are one of the most cited violations in restaurant inspections. Cold foods need to stay below 41°F. Hot foods need to stay above 135°F. Anything in between is the temperature danger zone where bacteria multiply. A calibrated thermometer and a consistent checking schedule go a long way here.
Cross-contamination
Cross-contamination between raw and ready-to-eat foods is another frequent violation. Raw meat stored above produce, shared cutting boards, and unwashed hands between tasks are the usual culprits. Color-coded cutting boards and clear storage protocols — raw proteins on the bottom, ready-to-eat foods on top — are the standard fix.
Facility sanitation
Inspectors check floors, walls, equipment surfaces, and pest control. A dirty kitchen isn't just a health risk — it's a fast path to a failed inspection and a public posting of your score. Build cleaning schedules into your daily operations from day one, not as an afterthought before an inspection.
How to get your permits and stay compliant
The permit process has a clear sequence. Start with your local health department before you sign a lease or finalize your floor plan — their requirements will shape your build-out. Health department review of permit applications typically takes 10 to 30 business days, depending on how complete your submission is and how busy the office is.
- Contact your local health department early to get the specific requirements for your jurisdiction
- Develop your floor plan and equipment list to match health department standards before submitting
- Submit your food service establishment permit application with facility layout, equipment specs, and menu details
- Schedule and pass your pre-operational inspection before opening
- Register for a general business license through your city or county clerk
- Apply for a seller's permit through your state's department of revenue if your state taxes food or beverage sales
- Begin your liquor license application as early as possible if you plan to serve alcohol
- Ensure at least 1 manager completes a Certified Food Protection Manager exam before opening
FAQ
Improper food storage temperatures are the most common violation cited during restaurant inspections. Cold foods stored above 41°F and hot foods held below 135°F both fall into the temperature danger zone where bacteria grow. Cross-contamination between raw and ready-to-eat foods is a close second. Both are preventable with consistent staff training and daily temperature logs.
It depends. Requirements vary by state and city. Many jurisdictions require all food handlers to complete basic food safety training and carry a Food Handler Card. The FDA Food Code also recommends that at least 1 manager or supervisor hold a Certified Food Protection Manager certification. Check with your local health department for the specific rules in your area.
Generally, health department review of a food service establishment permit application takes 10 to 30 business days. That timeline assumes your application is complete — missing floor plans, equipment lists, or menu details can push it longer. A pre-operational inspection also needs to be scheduled and passed before the permit is issued, so build extra time into your opening timeline.
It depends on your state. If your state taxes food or beverage sales, you need a seller's permit to collect and remit that sales tax. Most states issue seller's permits free of charge, but you're required to display it at your location. Not having one when you're supposed to can mean back taxes and penalties on every dollar of uncollected sales tax. Register through your state's department of revenue.
It depends on the severity of the violations. Minor violations typically result in a follow-up inspection within a set timeframe. Critical violations — things like temperature failures or evidence of pests — can result in fines or a temporary closure until the issue is corrected. In most jurisdictions, your inspection score is posted publicly. Catching problems before an inspector does is always the better outcome.
Yes. Serving alcohol without a liquor license puts your business at risk of fines and losing the right to serve alcohol at all. Liquor licenses are issued by your state's alcohol control board, and the application process can take several months. Some jurisdictions also cap the number of licenses available. Start the application well before your planned opening date.
