How do I open a restaurant?

This guide gives an overview on how to open a restaurant in Sonoma County.

✨ Restaurant Checklist ✨

🍣	Set up your business Business plan Business structure Register your business California Secretary of State California Economic Development Department Income taxes Apply for an Employer Identification Number (EIN) Register with the California Franchise Tax Board
✅	State Requirements Food Safety Manager Certification Food Handler's Permit training Seller's permit Resale certificate Fictitious business name (FBN) / doing business as (DBA) statement Workers' compensation insurance Liquor license (ABC licensing) Liquor License Insurance
☑️	Local Requirements Research your location Determine your fees
🌮	Local Requirements - Existing Facility Food Facility Site Review application Site Review outcomes Work with permit and zoning authorities  Apply for a Food Facility Operating permit Maintain your Food Facility Operating permit
🍟	Local Requirements - Minor Improvements (Existing Facility) Work with permit and zoning authorities Apply for a Food Facility Operating permit Maintain your Food Facility Operating permit
🍜	Local Requirements - New Facility/Major Construction Meet with your planning and zoning departments Submit Plan Review application form requirements Work with your building department Schedule construction inspection Apply for a Food Facility Operating permit Maintain your Food Facility Operating permit

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🍣 Set up your business

📝 Business plan

Your business plan communicates what your business does, your vision for the future, and the steps you will take to reach those objectives. Generally, the business plan should include:

1. An executive summary
2. A marketing plan
3. An operations plan
4. The proposed organizational structure
5. Financial projections

🚧 Business structure

You have probably heard the terms sole proprietorship, general partnership, limited partnership, and type C or S corporation. The determination to form a company under a particular structure has much to do with the business activity, location, and organization.

The legal structure of the business will dictate many of the entity's operational functions and tax liability. Entrepreneurs are encouraged to seek legal advice when considering these choices.

✍️ Register your business

Register your business correctly with the California Secretary of State (SOS). This should be done after you determine the most appropriate operating structure for your business and have determined its name. Sole proprietors do not need to register, but corporations, limited liability company, and partnerships must file with the SOS. 

If you have any employees, you also need to register with the Employment Development Department (EDD). An employer is required to file a Registration Form within 15 days after paying more than $100 wages to one or more employees.

💸 Income taxes

As a business owner, you are required to pay state and federal taxes on your business every year.

For federal taxes, you will need to apply for an Employer Identification Number (EIN).

For state taxes, you will need file with the California State Tax Franchise Board. 

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✅ State Requirements

💸 Seller's permit

California requires that you obtain a seller's permit if you are selling tangible, taxable goods (like food and clothing). You can apply for a Seller's permit through the California Department of Tax and Fee Administration (CDTFA).

🍽️ Resale certificate

You may also be interested in getting a Resale certificate through the CDTFA. A California resale certificate lets you buy goods tax-free if you’re planning to resell them, rather than use them personally—just show it to your supplier at the time of purchase! This is limited to items you will not collect sales tax on, such as napkins or to-go boxes.

💬 Fictitious business name

If your new entity will conduct business under a name that does not contain the surname of any and all owners, or is a corporation that will do business under a different name than is registered with the State, you will need to file a Fictitious Business Name Statement with the County of Sonoma Clerk-Recorder-Assessor’s Office. This application must be filed within 40 days of the business start date.

🤕 Workers' compensation insurance

Every employer in California is required to have workers' compensation insurance, even if you only have one employee. Workers' comp insurance provides medical care, disability benefits, supplemental job displacement benefits, and death benefits. Don't be afraid to shop around for an insurance carrier that best meets your needs. 

If an employee files a claim, the Division of Workers' Compensation can help all parties understand their rights and responsibilities. They provide a helpful fact sheet for employers to understand workers' comp.

🎖️ Food Safety Manager Certification

You will need a Food Safety Manager Certification within 60 days of opening your doors. In order to receive your certificate, you must pass a test. Most certifying agencies offer classes, but these classes are not required. At least 1 owner or manager must have this certification for your restaurant to be in compliance.

Additionally, if you plan on having any employees, they will need to obtain a Food Handler's license within 30 days of their hire date. 

🍷 Liquor License (ABC Licensing)

Alcoholic beverage licenses are issued and regulated by the California Department of Alcoholic Beverage Control (ABC).

There are almost 100 different liquor licenses offered through ABC. The one's that are most relevant to restaurant owners will be 'on-sale' licenses. 'On-sale' means you are selling alcohol to be consumed on-site, while 'off-sale' licenses tend to be used more by retail locations that sell bottles to be consumed elsewhere.

• 40 - On-sale Beer license: beer only
• 41 - On-sale Beer and Wine License - Eating Place: wine and beer only
• 46 - On-sale General License - Eating Place: wine, beer, and spirits

There are also licenses for one day events that may be of interest to restaurateurs who do not plan on selling alcohol everyday but may want to sell alcohol for a special event.

Liquor licenses are transferrable between owners. Person-to-person transfers usually take about 75 days. Applying for a new (or "original") license usually takes 90 days. Delays are common, so try to submit your application early.

You are required to have a Seller's permit (issued by the California Department of Tax and Fee Administration) prior to applying for your liquor license.

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☑️ Local Requirements 

🔍 Research your location

Contact your local government zoning or business development department, to determine if the location you are interested in is properly zoned for food service. 

If you plan on taking ownership of an existing restaurant, contact Environmental Health and your local planning and building department to apply and pay for a Site Review as soon as possible. Upon receipt of application information and payment, an Inspector from Environmental Health will reach out to schedule an inspection of the food facility. 

If you are taking ownership of a new facility that has not previously been permitted as "Retail Food Facility" or are doing major construction/remodels, then contact Environmental Health to begin the plan review process as soon as possible. 

🗄️ Determine your permitting and fees

As previously mentioned, you will need to work closely with Environmental Health and your local planning and building department to obtain the necessary permits to open your restaurant. 

1. Taking ownership of an existing restaurant.
   1. No improvements
   2. Minor improvements, such as improvements to the exterior of the building (including signage)
2. Opening a new restaurant or major construction/remodeling of an existing restaurant.

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🌮 Local Requirements - Existing Facility

An existing restaurant is classified as a location that has previously been permitted as a Retail Food Facility. If you plan on making any changes, please contact your local planning and building department.

📑 Food Facility Site Review application

Once you have found a location you like, you will need to fill out the Food Facility Site Review/Change of Ownership application to Environmental Health (EH). This application requires:

• A signed and completed Site Review application
• A menu of beverages and food
• An air balance test report on exhaust hood used for cooking (if applicable)

After submitting this form, an EH Inspector will reach out to schedule an inspection. Use this time to let your Inspector know of any upgrades you plan to make to the space during this first inspection. They will provide feedback and share any insights on best practices.

🕵️ Site Review outcomes

There are three possible outcomes at the conclusion of your EH inspection:

1. The inspector determines the food facility is in compliance with current code and grants approval for the new owner to apply for a Food Facility Operating permit. You are ready for the next step in opening your restaurant!
2. The inspector identifies minor issues that must be corrected to bring the food facility into compliance with current code and may require a follow up inspection to verify correction of the issues before approving the new owner to apply for a permit to operate. Reach out to your building department before beginning the upgrades determined by your Inspector. Once those issues have been remedied, you can apply for your Food Facility Operating permit. Please see the Minor Improvements section below for an overview of the process.
3. The inspector determines major upgrades or new construction is required to bring the food facility into compliance with current code. The facility will then need to submit plans to EH and the local building department for review and approval before filing for a Food Facility Operating permit. Please see the New Facility section below for an overview of the process.

🏗️ Work with permit and zoning authorities

If

If you are making any changes to your restaurant space, you should check in with your planning department before making any changes - it will save you future complications. This includes any recommendations given by your inspector during the Site Review. 

Any improvements to an existing facility may trigger additional costs, including but not limited to:

• Use permit
• Impact fees
  • Traffic mitigation
  • Sewer
  • Workforce housing
• Accessibility upgrades
• Parking upgrades
• Septic expansion
• Design review

👩‍🍳 Apply for a Food Facility Operating permit

All restaurants are required to have a Food Facility Operating permit. This is one of the last permits you will apply for before you open your doors to the public. This permit is what allows you to operate as a retail food facility. If you do not have this permit, you cannot open your restaurant and risk unexpected fees/delays.

Once your building passes the EH inspection, you are ready to apply for your Retail Food Facility Operating permit. Make sure to include the appropriate fees when submitting your application.

📅 Maintain your Food Facility Operating permit

When an operating permit is issued to a retail food facility in Sonoma County, the initial food facility inspection is performed within 30 days. All retail food facilities are then inspected once or twice per year.

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🍟 Existing Facilities - Minor Improvements

If you are making any changes to your restaurant space, you should check in with your planning department before making any changes - it will save you future complications. This includes any recommendations given by your inspector during the Site Review. 

To open your restaurant, you will need to follow the steps above and also work with local planning and zoning departments to ensure all your construction is in compliance.

🏗️ Work with permit and zoning authorities

Any improvements to an existing facility may trigger additional costs, including but not limited to:

• Use permit
• Impact fees
  • Traffic mitigation
  • Sewer
  • Workforce housing
• Accessibility upgrades
• Parking upgrades
• Septic expansion
• Design review

🍩 Apply for a Food Facility Operating permit

All restaurants are required to have a Food Facility Operating permit. This is one of the last permits you will apply for before you open your doors to the public. This permit is what allows you to operate as a retail food facility. If you do not have this permit, you cannot open your restaurant and risk unexpected fees/delays.

Once you have completed your improvements and your restaurant has passed an EH inspection, you are ready to apply for your Retail Food Facility Operating permit. Make sure to include the appropriate fees when submitting your application.

⌛  Maintain your Food Facility Operating permit

When an operating permit is issued to a retail food facility in Sonoma County, the initial food facility inspection is performed within 30 days. All retail food facilities are then inspected once or twice per year.

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🍜 Local Requirements - New Facility/Major Construction

Opening a new food facility can take up to a few years, especially if you need to file for a Use Permit. Use Permit approval is a lengthy process and can cost a lot. These permits are at-cost permits, meaning you will pay an initial deposit and any processing costs that exceed that amount. 

Meet with your planning and zoning departments

Environmental Health and your local planning/building department are the two government departments you will have to interact with the most in the journey to opening your restaurant. Before buying/leasing any property or beginning any kind of construction, please contact these two departments. They will ensure the property you are looking at meets all County and local requirements. 

Oftentimes, prospective restaurateurs will buy or lease the property for their restaurant before contacting the proper zoning or planning departments. This is not advisable.

Design your facility

To ensure that your facility is properly designed, contract with a licensed architect for the preliminary design. Architects should understand what is required by the local jurisdictional design requirements.

Once you have your initial set of plans, check with your local permitting agency, the Alcoholic Beverage Control (if serving alcohol), and Environmental Health for an estimation of timing and costs, including but not limited to:

• Entitlements (use permit, design review, etc.)
• Building permits
• Impact fees
• Licensing

Questions to consider when designing your space:

• Is the site on Sewer? If septic is required hire septic consultant to determine feasibility of installing a septic system
• Is water available?

Once you have reached out to all the necessary agencies, work with your licensed architect and licensed contractor to develop an accurate estimation of costs for your business plan. Your architect can represent you with the local permitting agency and guide the permitting process. 

🖨️ Submit Plan Review application form requirements

So, you've decided to take on a bigger construction project before opening your restaurant - don't stress, we're here to guide you through the permitting process!

The first step to opening a new food facility is to apply for a plan review with the Environmental Health Division (EH). The application packet includes:

• Plan review application form
• Plan review fee
  • You will also be charged a fee for any additional plan review hours. This separate fee is due when you submit the Food Facility Operating permit application.
• Food facility drawing - 3 printed sets, 1 electronic copy
  • Food facility drawing requirements
  • List of local drawing designers
• Manufacturer equipment specification sheets for each piece of equipment - 1 printed set, 1 electronic copy
• Menu of food and beverages

Your plan review application will be reviewed within 20 business days. If your application is not approved, you will receive a notice detailing the information needed for approval. Resubmitted applications are reviewed within 1 week.

🏗️ Work with your building department

Once your plan review is approved, you will receive 2 sets of your approved food facility plan:

• 1 set to keep on site for the contractor and food inspector to use
• 1 set to provide to your building department

👷 Schedule construction inspection

One week before the construction is complete, contact the Environmental Health Department at (707) 565-6565 to make an appointment for a food inspector to perform the final EH inspection.

You will also need to contact the building and fire departments in charge of your jurisdiction for final construction inspections.

🍽️ Apply for a Food Facility Operating permit

All restaurants are required to have a Food Facility Operating permit. This permit is what allows you to operate as a retail food facility - it is unrelated to any other building or use permits. If you do not have this permit, you cannot open your restaurant or you risk unexpected fees/delays.

You should have received a Food Facility Operating permit application from your inspector during your construction inspection. You may also download and print this form. Please complete and submit it to Environmental Health along with a copy of your construction inspection, if available.

Your permit application will be processed within 5 business days of receipt. Environmental Health will mail your permit to the address provided on your application.

📆 Maintain your Food Facility Operating permit

When an operating permit is issued to a retail food facility in Sonoma County, the initial food facility inspection is performed within 30 days. All retail food facilities are then inspected once or twice per year.

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