Restaurant licenses
in New York, New York
Start with the main licenses and permits below. For a checklist based on your own business, tell us what you’re opening and how it will operate.
Researched Sep 2026
About this example
Opening a New York City restaurant starts with legal restaurant use of the premises, a sales-tax Certificate of Authority, the city food-service permit, and certified food-protection supervision. This guide covers a restaurant with employees and no alcohol; borough, legal structure, menu, equipment, and capacity determine additional filings. Separate general business-license requirements and any food-handler training or card beyond the supervisor’s Food Protection Certificate remain questions to confirm.
Requirement labels below refer to this setup. Conditional items depend on additional details.
Authorities researched
- State
- New York State Department of Taxation and Finance · New York Department of State, Division of Corporations · New York State Department of Labor · New York State Workers' Compensation Board · New York State · New York State Department of Health · New York State Workers’ Compensation Board · New York State Liquor Authority
- City
- City of New York · New York City Department of Health and Mental Hygiene · New York City Department of Buildings · Fire Department of the City of New York · New York City Department of Transportation · New York City Department of Finance · New York City Fire Department · New York City Department of Environmental Protection
Details to confirm before you apply
- What borough and address will the restaurant use, and what does the existing occupancy approval allow?
- What legal structure, formation jurisdiction, and trade name will it use?
- What cooking equipment, hood/suppression, gas, grease arrangements, and construction changes are planned?
- What is the approved capacity, and are signs, canopies, or public-sidewalk/roadway dining planned?
- Will the menu include manufactured frozen desserts, specialized food processes, or alcohol?
- What payroll, employment duration, acquisition, tax classification, and rent facts determine employer and business taxes?
- Does a separate New York State general business-license requirement apply to this restaurant? Confirm through New York Business Express; the reviewed startup page does not establish an exemption.
- Does New York City require a separate general business license or business tax certificate for this setup? Confirm with the city; the reviewed licensing page does not establish an exemption.
- What food-safety training or cards, beyond the supervisor’s Food Protection Certificate, must the restaurant’s non-supervisory employees obtain? Confirm with NYC DOHMH for the menu, duties, and any specialized program.
- Confirm with the responsible agencies whether additional requirements apply in these areas: Food-handler training rules; City business license or tax registration; Business personal-property filing or exemption. These areas remain unresolved in this guide.
The main licenses and permits
6 of 29- 01Food Protection CertificateNew York City Department of Health and Mental Hygiene, Health Academy · New York
NYC requires at least one certified food-protection supervisor to be on site whenever the restaurant is operating.
RequiredDoes not expire - 02Food Service Establishment PermitNew York City Department of Health and Mental Hygiene · New York
A restaurant that prepares or serves food to customers is a food service establishment and must obtain this city permit.
RequiredAnnual - 03Certificate of AuthorityNew York State Department of Taxation and Finance · New York
The restaurant will make taxable sales of tangible personal property and restaurant-type food and must register before beginning taxable business.
RequiredNone (one-time); file periodic sales-tax returns as assigned - 04Employer Identification Number (EIN)Internal Revenue Service · Federal
The restaurant will have W-2 employees, so it must obtain an EIN.
RequiredNone (one-time) - 05Employer Registration for Unemployment Insurance, Withholding, and Wage Reporting (NYS-100)New York State Department of Taxation and Finance and New York State Department of Labor · New York
The restaurant will have W-2 employees working in New York.
RequiredNone (initial registration); ongoing periodic filings and payments - 06Workers’ Compensation InsuranceNew York State Workers’ Compensation Board · New York
The restaurant will have W-2 employees, and NYC requires proof of workers’ compensation coverage as part of the food establishment permit process.
RequiredMaintain coverage; renewal follows the policy term.
This example includes 23 other potential requirements. A report based on your business explains which apply, how to file, published fees and timing, and what to complete first.
Make the checklist yours
Your location, activities, and business structure can change the list. Get a free preview for your business, then decide whether to unlock the full report for $49.
Not required for this example
- FDA Food Facility Registration — An ordinary restaurant serving food directly to consumers is exempt from FDA food-facility registration.
- New York State Food Service Establishment Permit — New York State assigns ordinary restaurant food service permits to the responsible local health department, and this restaurant is located in New York City.
- New York State Liquor Authority On-Premises License — The intake expressly states that the restaurant does not sell alcohol.
Questions people ask
What city business licenses or registrations should a restaurant in New York check?
This guide does not establish whether New York requires a stand-alone general business license or registration. Confirm that question with the city, in addition to reviewing the industry permits and registrations below.
How much do licenses and permits cost for a restaurant in New York?
About $280 in published fixed fees, plus variable fees. Several items have fees that depend on your entity type, square footage, or payroll, so the full report lists each fee as the agency publishes it.
What should I do first?
Review New York business entity formation filing (if applicable) (New York Department of State, Division of Corporations), then Certificate of Assumed Name (if applicable) (New York Department of State, Division of Corporations), then Business Certificate for Sole Proprietorships and General Partnerships (if applicable) (County Clerk of the New York City county where the business is located). Confirm each item's applicability and prerequisites before applying; the report provides a suggested order for the full checklist.
Is this legal advice?
No. It is a research summary of public requirements published by government agencies, each linked to its official page. Confirm with the issuing agency before filing.
Related guides
Researched from official government sources on September 5, 2026 for a typical restaurant. Requirements change and depend on your facts; this page is not legal advice. Confirm with the issuing agency before filing.