Permits and licenses to open a pizzeria in the US: the full checklist

Updated October 21, 20267 min readRomain Ferrand — pizzaiolo, 12 years in trucks and dining rooms

To open a pizzeria in the US you need, at minimum: a registered business and an EIN, a local business license, a seller’s permit to collect sales tax, a food service permit from your county or city health department (which usually starts with a plan review before you build), a certified food protection manager, and a certificate of occupancy with zoning, building and fire sign-off. Alcohol, music and outdoor seating each add their own license. The details are set by your state, county and city, so the list below is the map, not the address.

Start with your concept, not a 40-item checklist

Your conceptWhat it adds to the basics
Carryout and delivery onlyThe basics, plus commercial auto coverage if your staff deliver
Dine-in pizzeriaOccupancy limits, restrooms, accessibility, fire inspection of the dining room
Pizzeria with beer and wineA state alcohol license and usually local approval, often with a long wait
Sidewalk or patio seatingA sidewalk café or encroachment permit from the city
Wood- or coal-fired ovenExtra scrutiny from the building and fire officials, sometimes air quality rules
Pizza truck or trailerA mobile food permit, a commissary and city vending rules (see the food truck guide)

What every pizzeria needs

1. A business entity and an EIN

Register your LLC or corporation with your state (usually the Secretary of State), then get an Employer Identification Number from the IRS. The IRS states plainly that you never have to pay a fee for an EIN, so ignore websites that charge for one. You need it to hire employees, open a business bank account and register for state taxes.

2. A local business license

Most cities and many counties require a general business license or business tax registration. It is usually the cheapest and fastest item on the list, but it often can’t be issued until zoning has signed off on your location.

3. A seller’s permit for sales tax

In states with a sales tax, you register with the state revenue department before you sell your first slice. You will collect tax on most restaurant sales and file returns monthly or quarterly. See the sales tax guide for how restaurant food and app orders are taxed.

4. A food service establishment permit

This comes from your county or city health department, and it is the permit that decides your opening date. Most health departments base their rules on some edition of the FDA model Food Code, which asks for plans and specifications to be submitted for review before a food establishment is built or remodeled. Expect them to look at your hand sinks, three-compartment sink, refrigeration, floor and wall finishes, grease handling and the flow from walk-in to make-line to oven. A pre-opening inspection follows, then the permit, which you renew every year.

5. A certified food protection manager

The Food Code calls for at least one employee with supervisory responsibility to be a certified food protection manager, certified by passing an exam in an accredited program (ServSafe Manager is the best known). Several states also require every food handler to hold a food handler card within a set time of being hired, and some states require allergen training for managers. See the allergen rules.

6. Zoning, building permits and a certificate of occupancy

Before you sign a lease, ask the city planning department whether a restaurant is allowed at that address, how many parking spaces it needs, and whether a change of use triggers upgrades. Any build-out needs building, plumbing, electrical and mechanical permits. At the end, the building department issues a certificate of occupancy, and the health department will rarely issue your permit without it.

7. Fire department approval

Commercial cooking that produces grease-laden vapors, which includes pizza ovens and fryers, needs a hood, an exhaust system and a fire suppression system, usually designed to NFPA 96. The fire marshal inspects before opening and periodically after. Ask early whether your oven is listed for your hood setup; a deck oven, a conveyor and a wood-fired dome are treated differently.

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Hiring: the employer registrations

  • An EIN (above) and federal payroll tax withholding.
  • State payroll and unemployment insurance registration.
  • Workers’ compensation insurance, required for employers in most states.
  • Form I-9 for every new hire to verify work eligibility.
  • Required federal and state labor law posters in a place staff can see them.

Tip rules, minimum wage for tipped staff and overtime vary by state and sometimes by city. Check before you set your delivery drivers’ pay.

Beer and wine: a license of its own

Alcohol is licensed by the state, usually through an Alcoholic Beverage Control board, and often needs local approval too. Some states cap the number of licenses, which makes them expensive to buy on the open market; others issue beer-and-wine licenses for restaurants with modest fees. Lead times can run months. Ask your state agency before you plan a menu around a craft beer list, and remember that delivering alcohol has separate rules again.

Music, signs and sidewalks

  • Background music: playing recorded music in public is a public performance, and the performing rights organizations (ASCAP, BMI, SESAC and GMR) license it. Some small venues are exempt depending on size and equipment; check before you assume.
  • Signs: most cities require a sign permit, and historic districts have extra design review.
  • Outdoor seating: a sidewalk café or encroachment permit, often with rules on hours, barriers and clearance for pedestrians.

What you must post

  • Your health permit, and in many cities your latest inspection grade or report.
  • Your business license and certificate of occupancy with maximum occupancy.
  • Your food protection manager certificate, where your health code requires it.
  • Labor law posters in the staff area.
  • Any allergen notice or poster your state requires.

Timeline: what to file, and when

WhenWhat
Before signing the leaseZoning check with city planning; ask about parking and change of use
Right after signingBusiness entity, EIN, state tax and seller’s permit registrations
Before constructionHealth department plan review; building, mechanical and fire permits
During the build-outFood protection manager exam; hire and register as an employer
Two to four weeks before openingFire inspection, building final, certificate of occupancy
The week before openingHealth department pre-opening inspection and food service permit

General sequence; fees and waiting times vary widely by state, county and city.

Pizza trucks and trailers

A truck needs most of the above plus a mobile food permit, a commissary agreement for cleaning and supplies, a fire inspection of its own and city rules about where you can park and sell. The pizza truck guide covers them.

FAQ

Can I start building before I have the health permit?

You can, but you shouldn’t start before the plan review is approved. Changes the health department asks for after the drywall is up are the most expensive kind.

Do I need a food handler card for every employee?

It depends on your state and county. The Food Code asks for one certified food protection manager; several states add a card for every food handler. Ask your health department.

Does my website need anything legal on it?

Your prices with sales tax shown at checkout, your allergen information where your jurisdiction asks for written notice, and a privacy policy if you collect customer data for ordering.

The pizzeria website guide

Sources