Licenses and Permits for Opening a Restaurant in Florida

Licenses and Permits for Opening a Restaurant in Florida

If you are opening a new restaurant in Florida or are the new owner of an existing restaurant, you are required by law to obtain a business license from the Florida Department of Business and Professional Regulation’s Division of Hotels and Restaurants before you can begin operation.

Before obtaining that license, you are required to complete the following:

Food service plan review. This requirement is applicable to (1) new restaurants, (2) remodeled restaurants, (3) re-opened restaurants that have been closed for at least one year and (4) restaurants that have been converted from another use. You must submit a food service plan to the Division of Hotels and Restaurants (DHR) for approval. For new restaurants, it is recommended that you submit the plan prior to construction to avoid costly modifications.

Application forms. You must complete the appropriate application forms on the DHR website. If your restaurant will be serving alcohol, you will need to apply for a liquor license. If you have taken over an existing restaurant, you must apply to have the liquor license transferred to you.

License fees. You will pay a license fee based on the type of food service operation you have and the number of seats. The DHR has a food service fee calculator on its website to help you determine the fee amount.

Sales tax registration. You must obtain a sales tax registration number from the Department of Revenue or obtain proof of exemption prior to opening.

Employer Identification Number (EIN). All businesses must register for an EIN or tax ID number

Inspection. All restaurants are required to pass a safety and sanitation inspection before opening. You will need to contact the DHR directly to schedule an inspection.

County and local requirements. Different counties and municipalities have varying requirements and permits that may apply to your new restaurant. These can include:

• Certificate of occupancy
• Flammable materials permit
• Health department permit
• Sign permit

A Florida business attorney with experience in the food service industry will be a valuable ally as you begin your journey as a restaurant owner. Contact one of the experienced Florida business attorneys at Jurado & Farshchian, P.L., at (305) 921-0440, or email us at info@jflawfirm.com. We offer free consultations to business owners seeking to find the right attorney to meet their business’ legal needs.

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