Opening your first restaurant? That’s exciting. It can also feel overwhelming. Alongside perfecting your menu and designing the space, you’ve got restaurant compliance to deal with.
If you miss just one permit, inspection, or filing, you could face fines or delays — or worse, a forced closure. But don’t worry. We’re breaking restaurant compliance intricacies down for you. Let’s dive in.
Start by deciding your business structure:
Most restaurants don’t need to register federally to form a business. But if you’re starting a restaurant as a corporation, filing for tax-exempt status, or trademarking your restaurant name, register with the IRS or USPTO.
If you formed an LLC or corporation, you must report Beneficial Ownership Info (BOI) to FinCEN via fincen.gov/boi.
Then, register in the state where you conduct business through the Secretary of State. You'll need:
Common documents:
Foreign qualification is needed if operating in multiple states. You’ll file a Certificate of Authority and may need a Certificate of Good Standing from your home state.
Some cities/counties require local licenses or DBA registration if using a trade name. Check with your local government.
This is like a Social Security number for your restaurant. You can’t run payroll legally without it. You’ll need it to:
To get it, go to the IRS website, click “Apply for an EIN,” and follow the prompts. It’s free!
Every state (except a few like Alaska, Delaware, Montana, New Hampshire, and Oregon) requires you to collect sales tax on food and drinks. To do that legally, you need a Sales Tax Permit, also called a Seller’s Permit in some states.
How to get it? Search “[Your State] Sales Tax Permit registration.” You’ll fill out a form online, list your products, and receive a certificate. Some states offer same-day digital approval.
Before starting your QSR, you need approval from your County or City Health Department. That means passing inspections, submitting your menu and layout, and proving you're following all health and safety regulations in a restaurant. This includes checks on:
To get it, visit your local Health Department site and look for “Food Establishment Permit.” You’ll likely need to:
Allow 2–4 weeks minimum.
All team members who handle food — from chefs to servers — must be certified. Uncertified staff can’t work with food. So, they’ll need food safety training. Failure to comply can result in fines.
Go to servsafe.com. Courses cost around $15–$25. Your staff can often complete these courses online in a couple hours.
Doing any renovations? Installing new plumbing, HVAC, or a fire suppression system? You need a building permit.
Talk to your city’s Building Department before any work starts. Your contractor will likely pull the permit. But you’re responsible for making sure they do.
Some neighborhoods limit what kind of business you can operate or if you can serve alcohol outside.
You need zoning approval for food service, outdoor seating, and liquor sales. Otherwise, you could be barred from opening, fined, or forced to relocate.
Check your local zoning maps and contact your city’s Planning or Zoning Department. They’ll tell you if your site is restaurant-approved or if you need to apply for a zoning variance or hearing.
Before opening and often annually after, your local fire marshal will inspect your space for fire safety restaurant compliance.
What they’ll check:
What happens if you skip it? You may be shut down. In case of a fire, you could face criminal charges for negligence.
Contact your local Fire Department and schedule a pre-opening inspection. They’ll let you know what’s missing and when to fix it.
Planning to hang a sign above your entrance? You’ll need to apply for a Sign Permit through your Planning or Zoning Department. Towns have strict rules about size, brightness, and placement.
How to get it? Submit design specs, dimensions, and possibly a rendering of the sign placement. You may also need landlord approval if you’re renting.
Want to serve lattes on the sidewalk or host a brunch on the patio? You need a permit for that too. It ensures pedestrian safety, accessibility, and proper use of public space.
Apply through your city’s Zoning or Public Works Department. You’ll usually need:
Want to play music in your restaurant? Whether through speakers, TV, radio, or live performers, you need a public performance license from U.S. performing rights organizations like:
Each PRO represents different songwriters. So, most restaurants need licenses from multiple organizations to cover a full playlist.
Hosting live music or DJs? You’ll need a separate license for that too, even if the music is a cover.
Note: Personal streaming services such as Spotify or Apple Music are not legally permitted for business use under copyright law.
Selling alcohol, even just beer or wine, requires a State Liquor License, issued by your State Alcoholic Beverage Control (ABC) Board. The process is usually lengthy and detailed.
Here’s what you’ll need to submit:
What happens if you skip it? Serious legal consequences. You could face misdemeanor charges, fines over $1,000, or even jail time. Plus, you risk permanent revocation of any future alcohol rights.
Visit your state’s ABC Board website. Be patient; the process may take anywhere from 2 to 12 months depending on your location and license type. Fees also vary wildly: from $300 to over $250,000 in some cities.
This part depends on how you operate, but don’t skip it just because it sounds “extra.”
Only required if you manufacture, process, pack, or store food for retail sale beyond your premises. So if you’re bottling your hot sauce or selling branded packaged cookies—this applies to you.
Go to the FDA’s Food Facility Registration page. The form is online and free. Renewal is required every two years.
Hiring staff? Of course you are. Then you need to be compliant with:
How to get it:
Once you’re open, the restaurant compliance journey doesn’t stop.
Most licenses and permits like health, liquor, building, and signage need to be renewed annually or every few years. Some require scheduled or surprise inspections, especially health and fire.
You’re also expected to keep proper documentation on file, such as:
Set up a secure digital filing system. You can use Google Drive, Dropbox, or an advanced restaurant POS system.
Most insurers won’t give you coverage unless you’ve already received your:
Essential coverage includes:
Talk to an insurance broker who specializes in food businesses. Ask about coverage bundles for restaurants and verify state minimums for workers’ comp.
Running a restaurant is hard. Managing restaurant compliance? Even harder.
But OneHubPOS doesn't just help you take orders or process payments; this all-in-one POS solution also helps you stay compliant:
Let OneHubPOS manage the operational complexity so you can focus on your food, your team, and your guests. Book a demo today and see how simple restaurant compliance can really be with OneHubPOS by your side.