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How To Open a Restaurant In New York (Food License & Permits)

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When opening a restaurant in NYC, it’s essential to acquire the required licenses and permits to legally serve food, ensuring adherence to health and safety regulations. 

This guide will outline the specific requirements for food service establishments in New York City. Let’s explore the details!

how to open a restaurant in new york

The steps to start a restaurant are generally consistent across states, but you probably wonder how to open a restaurant in NYC. 

Here, we provide a brief overview for future restaurant owners, focusing on opening a restaurant in New York. We highlight the essential licenses and permits required to operate a food business in New York, similar to those required in other states.

Step 1. Choose your restaurant concept

The first step in opening a restaurant in New York is defining your concept. This involves deciding on the cuisine, atmosphere, and target audience that will shape your menu, dining experience, and staffing needs. 

Consider the cooking techniques, dining options (like full-service or takeout), and the overall ambiance to align with your desired restaurant vision.

Step 2. Write a restaurant business plan

The next critical step involves creating a thorough restaurant business plan for launching a dining establishment in New York. 

Begin with an executive summary of a restaurant that encapsulates your restaurant’s mission, vision, and target market. This will be followed by outlining detailed financial projections and your operational strategy to establish a clear path to success.

Before proceeding with your comprehensive business plan, it’s crucial to choose an appropriate business entity type that aligns with your restaurant’s objectives and complies with state regulations.

What can be a business entity type for a restaurant?

For a restaurant, several business entity types are suitable, including:

  • Sole Proprietorship: Owned and operated by one individual, offering simplicity but without separate legal status from the owner.
  • Partnership: Owned and operated by two or more individuals who share profits, responsibilities, and liabilities.
  • Limited Liability Company (LLC): Combines a partnership’s simplicity with a corporation’s limited liability protection. It is well-suited for small to medium-sized restaurants.
  • Corporation: Provides separate legal status from its owners (shareholders), offering strong liability protection. However, it involves more formalities and may incur double taxation for C corporations.
  • S Corporation: This is similar to a regular corporation but with pass-through taxation, making it ideal for restaurants seeking to avoid double taxation while still benefiting from liability protection.

Step 3. Research restaurant software

Explore essential restaurant management software to streamline operations when developing your business plan. 

Start with a POS system for managing transactions, sales tracking, and efficient inventory management.

Additionally, integrating a robust online ordering system can expand your revenue opportunities by offering customers convenient pickup and delivery order options. 

Investigate different restaurant ordering systems to find the best fit for your operational needs.

Here you can read more about how to set up an online ordering system in your restaurant.

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Consider enhancing customer engagement with a customized restaurant mobile app that provides easy access to menus, promotions, and loyalty programs directly on their smartphones.

Learn more about how to create a food delivery app.

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Step 4. Secure financing

Securing financing for a restaurant in New York involves managing substantial initial expenses such as leasing or purchasing space, acquiring equipment, renovations, stocking initial inventory, and covering staffing costs. These costs can vary widely but generally require a significant capital investment.

Common sources of financing include 

Each option presents unique advantages and considerations to meet the financial needs of launching a successful restaurant venture in New York.

Learn more about restaurant financing here. 

how to open a restaurant in new york - restaurant financing

Step 5. Choose a restaurant location

Finding the perfect location for your restaurant involves analyzing its appeal to your target audience. 

Factors such as 

  • foot traffic, 
  • local competition, 
  • demographics, 
  • parking availability 

play a crucial role in attracting the right customers. 

Thorough market research is essential to understanding local preferences and ensuring that your location effectively supports business growth and customer satisfaction.

how to open a restaurant in new york - restaurant location

Step 6. Apply for licenses and permits

Opening a restaurant in New York requires several licenses and permits to ensure compliance with state and local regulations. Below you can check the key licenses and permits you’ll need to start your restaurant business in New York. 

1. Registering your business with the state of New York

First of all, you need to register your business with the state of New York. To do so, visit the website NYC311

The filing fee ranges from $100 to $120, depending on the registration county.

Protip

You can also go to the official NYC questionnaire to get a customized list of the City, State, and Federal licenses and permits you need.

Now you can apply for licenses and permits necessary to run your business in New York.

2. Getting an EIN (Employer Identification Number)

To establish your business’s relationship with the IRS, you need to obtain an Employer Identification Number (EIN), which serves as a unique identifier for tax purposes. 

You can apply for an EIN through the Internal Revenue Service (IRS).

3. Obtaining a Food Service Establishment Permit

A food service establishment permit (also known as a food facility health permit) is another permit you will need to start running a restaurant in New York.

Food service establishments encompass a variety of businesses, such as restaurants, employee cafeterias, bakeries, takeouts, pizzerias, nightclubs, and bars. These establishments must obtain a permit from the New York Department of Health and Mental Hygiene (DOHMH).

Businesses should contact their local health department directly or visit its official website for more detailed information on specific requirements and application procedures.

What’s important is that after submitting your permit application, you can open your establishment 22 days later, regardless of whether a pre-permit inspection has been conducted. 

How much does a food service establishment permit cost in New York?

The permit fee for most food service establishments in New York City is $280.00. If you plan to manufacture frozen desserts, there is an additional fee of $25.00.

You can check what you need to do before submitting an application at the official City of New York website. 

4. Getting a New York Food Protection certificate

Every food service establishment in New York City must have a supervising manager who has completed a Food Protection Course and is always present. 

When applying for the permit, a Food Protection Certificate (FPC) or proof of registration in the course is necessary, and certification must be obtained before the business can open.

How can I take the Food Protection Course?

There are two ways to complete the Food Protection Course:

  • In-person at the NYC Health Academy: You can register online or in person. The course fee is $114, which includes the final exam.
  • Online: The online course is free to access. There is a $24 fee for the final exam, which must be taken in person.

Learn more here at the City of New York.  

5. Getting Sales Tax Vendor Registration (Certificate of Authority)

Businesses in New York State that sell tangible personal property or taxable services must obtain a Certificate of Authority. 

This certificate, issued by the New York State Department of Taxation and Finance (DTF), enables businesses to collect sales tax on taxable transactions.

You can register here at the Department of Taxation and Finance.

how to open a restaurant in in new york - licenses and permits

6. Worker’s Compensation and Disability Insurance

When applying for a Food Service Establishment Permit and during renewal, you must provide proof of Worker’s Compensation and Disability Insurance. 

This includes details such as the insurance carrier’s name, policy number, and expiration date. 

The certificate must specifically name the New York City Department of Health and Mental Hygiene as the Certificate Holder.

Learn more at the Workers’ Compensation Board

7. Certificate of Occupancy

A Certificate of Occupancy (CO) is required in New York City to legally operate a restaurant. This certificate confirms that the building complies with zoning laws, building codes, and other regulations, ensuring it is safe for occupancy and suitable for the intended use, such as a restaurant.

To obtain a Certificate of Occupancy for a restaurant in New York City, you typically need to submit building plans, undergo inspections by the NYC Department of Buildings (DOB), and comply with zoning regulations. 

Visit the official website of the NYC Department of Buildings for more detailed information on the Certificate of Occupancy requirements and procedures in New York City.

8. Liquor License Permit

To serve alcoholic beverages at a restaurant in New York City, you need to obtain a Liquor License from the New York State Liquor Authority (SLA). This permit allows businesses to legally sell and serve alcoholic beverages.

For detailed information on applying for a Liquor License in New York City, including requirements and procedures, you can visit the official website of the New York State Liquor Authority.

how to open a restaurant in new york - licenses and permits

Step 7. Develop your menu

When developing a restaurant menu in New York, carefully curate dishes that resonate with your restaurant’s theme and appeal to your intended customers.

Implementing menu engineering principles will optimize profitability and enhance customer satisfaction by strategically pricing and presenting menu items based on popularity and profitability.

Step 8. Build your team

The cornerstone of a successful restaurant operation lies in its people. Dedicate time and effort to hiring employees who will propel your business forward through recruitment, training, and retention efforts.

Effective training, competitive salaries, and health benefits reduce turnover and maintain a stable workforce, ultimately ensuring long-term prosperity.

how to open a restaurant in new york - restaurant staff

Step 9. Purchase equipment

When opening a restaurant in New York, acquiring commercial cooking equipment is crucial for efficient kitchen operations. 

Invest in high-quality appliances like commercial stoves, refrigerators, and ovens to ensure consistency and meet health and safety standards. 

Choosing reliable suppliers who understand local regulations can streamline purchasing and ensure compliance with New York City’s stringent food service guidelines.

how to open a restaurant in new york - restaurant equipment

Step 10. Develop a marketing plan

When preparing a comprehensive restaurant marketing plan for New York, ensure robust restaurant social media marketing integration.  

Platforms like Instagram, Facebook, and Twitter are invaluable for engaging the local community, highlighting your restaurant’s distinct offerings, and building a dedicated customer base through tailored content and interactive promotions.

Step 11. Host soft and grand openings

Hosting both soft and grand openings is essential to create buzz and anticipation for your restaurant’s launch.

Implementing unique grand opening ideas for restaurants, such as themed events, exclusive tastings, or partnerships with local influencers, can enhance visibility and attract a broad spectrum of guests eager to discover your new culinary venture.

how to open a restaurant in new york - restaurant opening

Step 12. Build a restaurant website

Establishing an online footprint is essential for restaurants. Your restaurant’s website is a touchpoint where customers can discover your offerings and connect with your brand.

Utilizing the UpMenu restaurant website builder allows you to effortlessly create a polished website using tailored restaurant website templates, even if you lack technical skills. 

We’ve prepared an in-depth, step-by-step guide on how to create a restaurant website to help you in setting up your restaurant website.

Once your website is live, you’ll be poised to display your menu and facilitate online ordering, providing a streamlined experience for your customers.

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Key Takeaways

  • Opening a restaurant in New York involves securing several licenses and permits, such as a Food Service Establishment Permit and a New York Food Protection certificate.
  • Ensure rigorous compliance with food safety, health standards, and, where applicable, alcohol service regulations at the local, state, and federal levels.
  • Start by conceptualizing your restaurant and drafting a robust restaurant business plan to map out operational strategies, marketing initiatives, and financial projections before navigating New York’s licensing and permit procedures.
  • Incorporate restaurant technology, such as a POS system and an online ordering system, into your financial forecasts to boost operational efficiency, improve customer service, and streamline business operations.
  • Create a comprehensive marketing blueprint that includes innovative restaurant promotions ideas and harnesses the power of social media to promote your restaurant effectively.

Frequently Asked Questions (FAQ)

To open a new restaurant in New York, you need to:

  • Obtain a Food Service Establishment Permit from the local health authority, specifically the New York City Department of Health.
  • Comply with health and safety regulations.
  • Obtain necessary licenses and permits, such as a Certificate of Authority for sales tax collection.
  • Ensure compliance with local zoning laws and regulations.

These steps ensure your restaurant operates legally and safely in New York City.

The cost of a food license or permit in New York City varies depending on the type of establishment and specific requirements. For most food service establishments, such as restaurants and cafes, the food service establishment permit fee is $280.00. Additionally, there is a $25.00 fee if the establishment plans to manufacture frozen desserts. These fees are subject to change, so checking with the New York City Department of Health and Mental Hygiene (DOHMH) for the current information is advisable.

Agata Kubiak - Padkowska

Agata Kubiak - Padkowska

Digital content creator, passionate about helping restaurants to start selling online.

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