What are the Legal Requirements for Opening a Cafe?

“Quick summary” Opening a coffee shop is an exciting endeavor, considering its widespread appeal and vital role in the modern lifestyle. Coffee shops offer a comfortable setting for interacting, working, and unwinding. Whether it's a quick cup of coffee on the way to work or spending hours lost in a book, they have become an essential part of our everyday lives.

But it's not easy to open and run a café—or any business, for that matter. To begin operating a cafe without any issues, you must obtain the necessary licenses and permits. However, cafe permits and licenses are not the most compelling reason to enter the market.

However, you'll need the appropriate licenses if you wish to share your food, expertly made cocktail or beer menu, and distinctive style of hospitality with the world.

These permits guarantee adherence to legal requirements as well as health and safety rules. Common licenses include business permits, food service licenses, and alcohol permits (where applicable). It probably goes on and on. Acquiring these licenses assures smooth operation and even displays a dedication to offering a safe and entertaining experience for clients.

So, if you want a complete solution to the question "What are the legal requirements to starting a cafe?" this blog is all you need!

Let’s get going! 

Some crucial considerations for opening a cafe! 

Before digging down on which types of necessary licenses and permits you need to get started with your cafe, you need to get some things sorted for your business. It includes deciding the right business structure, registration, getting to know about the tax obligations and so many other things. To get on this legal journey, stick with us and unveil the guide to start your cafe business(in no time). 

Business Structure and Registration

Business registration is the first and most crucial step when you are starting your coffee shop. Business registration ensures legal compliance and protects the business name and brand identity while also building credibility among the stakeholders. 

When you register your business, it fulfills that legal requirement while fostering trust with customers, suppliers, and partners. It also grants access to legal regulations in case of disputes and safeguards your ownership interests. Beyond compliance, business registration is an essential foundation for establishing a recognized and trustworthy brand in the market, playing a crucial role in the overall success and legitimacy of the business.

Here are some of the common business structures you can choose for your cafe business: 

• Sole Proprietorship: It is the simplest form with a single owner, but in this business structure personal assets are at risk, and there's no legal distinction between personal and business finances.
• Partnership: The partnership business structure is similar to a sole proprietorship but with multiple owners. Partners share profits and liabilities, and there are different types such as general and limited partnerships.
• Limited Liability Company (LLC): It offers limited liability protection for owners and flexible management structures. It combines aspects of partnerships and corporations.
• Corporation: A separate legal entity with shareholders, providing strong liability protection for owners but with more complex formalities.
• S Corporation: A type of corporation that passes income, losses, deductions, and credits through to shareholders for federal tax purposes, while avoiding double taxation.

Location and Zoning Regulations

Depending on your city, there are specified places that can and cannot be used for certain activities. Zoning rules are municipal regulations that govern whether or not you may open a restaurant in the zone or neighborhood of your choice. Every local government has its own set of regulations governing the kinds of enterprises that are allowed to operate in certain zones or districts. 

These regulations frequently aim to lessen traffic and congestion to prevent any harmful effects on the nearby residential community. They also control other processes including building height, density, lot layout, and size. While some places are zoned for cafes, many are on the edge and need more research to determine whether they are approved for such use. 

You won't know what these zoning restrictions mean unless you ask the local government, a council member, an alderman, or, better yet, find out if a restaurant used to be there.

How to find out about the zoning regulations? 

It's crucial to establish connections with the following organizations when learning about your target neighborhood to gauge the possible impact your restaurant could have on the community:

• Homeowner associations in the area
• Regional associations for business improvement
• Community-based land trusts
• Other neighborhood associations

These groups will also be able to advise you on any zoning regulations that might be in place to safeguard residential areas or to assist commercial enterprises. In addition, you'll be able to develop a community network and determine whether the neighborhood supports nearby eateries and businesses.

Employment Laws

In a cafe, you need various employees to manage your business’s diverse operations. But, when you hire employees, it's crucial to be aware of and adhere to various employment rules to ensure legal compliance and create a positive working environment. Staying informed and proactive in maintaining a fair and legal workplace will contribute to the success and positive reputation of your cafe.

Here are some common employment rules that you need to keep in mind:

• Minimum Wage Laws: Adhere to federal, state, and local minimum wage laws. Ensure that all employees, including servers and tipped employees, are paid at least the minimum wage.
• Employee Classification: Properly classify employees as either exempt or non-exempt based on job duties and salary. Exempt employees are generally not entitled to overtime pay, while non-exempt employees are.
• Overtime Pay: Understand and comply with overtime pay regulations. Non-exempt employees must be paid at least one and a half times their regular rate for hours worked beyond 40 in a workweek.
• Anti-Discrimination Laws: Adhere to federal and state anti-discrimination laws to ensure fair treatment and equal opportunities for all employees, including the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act.
• Harassment Prevention: Establish policies to prevent harassment in the workplace. Train employees and managers on recognizing and preventing harassment, and implement procedures for reporting and addressing complaints. 
• Health and Safety Regulations: Comply with occupational health and safety regulations to maintain a safe working environment. It includes providing necessary training, and equipment, and adhering to safety protocols. 
• Employee Records: Keep accurate and up-to-date records of employee information, including payroll records, time and attendance, and any relevant certifications or licenses. 
• Employment Eligibility Verification (Form I-9): Ensure that all employees complete the Form I-9 for employment eligibility verification. It is a federal requirement to confirm an employee's authorization to work in the United States.

Quick-Tip: You can consult with legal professionals or human resources experts to ensure full compliance with all relevant employment rules and regulations. 

Tax Obligations 

When owning a coffee shop, it's critical to understand the numerous taxes that may apply to your operation. Understanding the world of taxes can be difficult, but possessing an intimate knowledge of your responsibilities will assist you in escaping expensive penalties and keeping your business running efficiently.

Federal income tax: First of all, you should know that the majority of coffee businesses are required to pay federal income taxes on their earnings. The Internal Revenue Service, or IRS, is in charge of managing the tax collection process.

It is your annual responsibility as a small business owner to file your federal income taxes on time and with the correct forms. These will vary according to whether your company is organized as a corporation, partnership, sole proprietorship, or any other form.

State and municipal taxes: These taxes are also applicable to your coffee shop. You could have to pay sales tax on the goods or services you offer, depending on where you live. Understanding the state and local tax regulations in your area is essential because they might differ greatly and may impose additional taxes or fines.

Payroll taxes: These are an additional factor to consider as a coffee shop owner. If you hire people, you must follow federal, state, and local payroll tax regulations. According to these regulations, you must normally deduct a certain amount from your employee's pay for employer contributions in addition to Social Security, Medicare, and other obligations.

Additional considerations: In some jurisdictions, the taxable value of your coffee goods may be determined by specific criteria, so keep that in mind as well. You may also need to provide extra paperwork and particular details about your company, including excise taxes on particular goods or services. 

Quick-Tip: In order to help you manage the complexities of taxes in the coffee shop sector, stay up to date on federal, state, and local tax regulations and consult with an experienced tax professional.

Environmental Regulations

Environmental permits are essential for coffee shops, as they help ensure compliance with environmental regulations and mitigate potential negative impacts on the environment. 

Here’s what it generally includes? 

• Waste Management: Coffee shops often generate waste, including coffee grounds, disposable cups, and packaging materials. The permit application may require information on how the business plans to manage and dispose of these wastes in an environmentally responsible manner. 
• Air Quality Compliance: Coffee shops using equipment such as roasters or grinders may need to address air quality concerns. The application may require information on the type of equipment used, emission control measures in place, and adherence to air quality standards.
• Water Usage: Businesses may need to demonstrate responsible water usage practices. This could involve information on water conservation measures, efficient water appliances, and adherence to water usage restrictions.
• Noise Pollution Mitigation: If the coffee shop has outdoor seating or operates in a residential area, there may be regulations regarding noise pollution. The permit application may require details on measures taken to minimize noise impact on the surrounding environment.

How to get an environmental permit? 

Coffee shop owners need to identify the environmental regulations applicable to their jurisdiction. Businesses are required to gather and submit the necessary documentation for the permit application. This documentation includes details about waste management practices, equipment used, energy consumption, and any measures taken to minimize environmental impact.

After steps: Once you get the permit, you also need to adhere to the specified environmental standards continuously.

The Necessary Licenses & Permits You Need for Your Cafe! 

Once you've addressed your business obligations and settled on a suitable structure for your cafe, the next critical step is obtaining the necessary licenses and permits. These legal approvals vary by location and business type but typically include health permits, food service licenses, and zoning permits. Additional permits may be required for outdoor seating, signage, and alcohol service if applicable. To know more about the licenses, how to get them, and how much they cost, keep reading! 

1. Business License

To legally function in the United States, a business has to have a license. To operate in the US, coffee shops require a business license just like any other type of business. You must receive this government-issued license before you can open a restaurant. 

How much does it cost to get a Business License?

A business license is not free, like many of the other licenses and permits in this list. This usually involves paying a $50 registration charge as well as a $25 to $500 license filing fee. Since the requirements and license fees vary based on the location, each city maintains a database where you may look up addresses that are under its jurisdiction.

How to get a business license for a cafe? 

Googling your city's name and business license can tell you where to obtain one. You may also discover further information on the US Small Business Administration (SBA) website. Most of the time, all you have to do is follow the online application instructions provided by your state government or pick them up in person at city hall. This license needs to be renewed annually, so make a note of the deadlines in the back office or set a reminder on your phone.

2. Food Handler’s Permit 

This is the most significant thing you can do for your staff members. A food handler's permit sometimes called an employee health permit, certifies that each member of your team has successfully completed a food safety certification. This permit guarantees that your restaurant complies with crucial guidelines for the preparation, storage, protection, and hygienic handling of food.

How to obtain permission to handle food? 

There are variations in the certification and training requirements between states and provinces. To find out more about the particular regulations in your state, search for "your state" and "employee health permit" on Google. The FDA offers specialized training materials for foot protection and worker health.

How much does a food handler permit cost? 

In accordance with resources, workers must obtain a food handler's permit and finish a course that has been approved by the state. Once the employees have completed the course, they can print the certification for a charge. That charge varies from state to state, but generally speaking, it ranges from $100 to $500. 

3. “Doing Business As” License (DBA) 

If you intend to start a coffee shop under a name other than the one you filed with the state, you will need to obtain a DBA license. 

What is DBA(Doing Business As) Implies? 

A DBA is a company's operating name, as opposed to its legal name.  The purpose of DBA license requirements is to safeguard customers. Having fully registered commercial entities guarantees that business owners are clearly related to and liable for their enterprises. 

How is a DBA application filed? 

The procedures for registering a fictitious name differ from one state to the next. In many circumstances, you must go to your county office and pay the county clerk the fee for registration. The time it takes to file for a DBA can vary from one to four weeks, depending on your jurisdiction. 

How much does a DBA license cost? 

Some states charge up to $100 for DBA licensing, while others charge as little as $10.

4. Signage Permit 

In any location, a sign permit is a legal authorization that allows a business owner to install and display signage for their establishment. The purpose of a sign permit is to ensure that signs comply with local zoning regulations, building codes, and other applicable laws to maintain public safety, aesthetics, and community standards.

Understand the local regulations regarding signage, including size limitations, illumination rules, and placement restrictions. These regulations may vary from one jurisdiction to another.

Why is it Important? 

Sign permits help to regulate signage in a community, ensuring that it aligns with local aesthetics, safety standards, and zoning regulations. It helps maintain a visually cohesive environment, prevents visual clutter, and ensures public safety by avoiding potential hazards.

How to Obtain a signage permit for a cafe? 

Outdoor signs frequently require your local government's approval. Don't assume anything and make sure to research the criteria relevant to your city. To prevent issues later, it is imperative to take everything into account from the outset. Larger cities with a higher concentration of businesses may have additional sign permit regulations and criteria. 

For example, in Minneapolis, sign permits are only issued to Sign Contractors who are licensed by the city. Temeculaca, California is another example, where company owners need to engage a professional contractor to design, install, and obtain a permit for signage. After that, they bring the design concepts to City Hall's Planning Department for approval.

A quick tip: It's crucial to start the process early and work closely with local authorities to ensure compliance and avoid any delays in opening your cafe. 

How Much Does a Sign Permit Cost?

A sign permit can cost between $20 and $50.

5. Employer Identification Number

Another crucial permit you need before starting your cafe business is an employer identification number(EIN). For business purposes, the EIN is comparable to a social security number and is required when establishing business bank accounts and filing taxes. You can correctly file your taxes with the help of this nine-digit tax ID. It's a must for all US firms in order to comply with tax laws. The IRS grants the EIN, which is used on a federal basis. 

How to Obtain an EIN Number for the cafe business? 

There are three steps you need to follow on the IRS website in order to apply for an EIN online. 

• Determine your eligibility.
• Fill out the online form.
• Send in your application.

You can even apply for an EIN through fax, phone, or mail. The IRS only issues one EIN per day, so make sure you apply early on and get it before the D-Day. 

How Much Does an EIN Cost?

Obtaining an EIN is free. You don't have to pay any fees. However, if you are hiring any professional, you might have to pay them. 

6. Coffee Shop Insurance

Another important item on the list is insurance, which you must obtain in order to begin your cafe business. But insurance is neither a license nor a permit. However, it is vital for your coffee shop to have enough safeguards in place in the event of property damage or harm to an employee or customer. In reality, coffee shop operators are frequently required by state law to get a variety of insurance policies. 

The following are some typical insurances that your cafe will require: 

• General Liability Insurance: General liability insurance is essential for any business, but especially for coffee shops that interact with customers on a daily basis. If you, your staff, your coffee, or any other food product unintentionally injure a customer, general liability insurance will protect you as the proprietor. 
• Business Property Insurance: Protect the interior and exterior of your coffee shop from unintentional damage.  
• Workers' Compensation: In order to safeguard your employees, it's likely that state law needs you to carry workers' compensation insurance if you intend to hire staff members to assist in running your coffee shop.  
• Commercial Auto Insurance: Are you going to move your coffee shop? Or, if needed, will you have a corporate car to deliver supplies? You will require a commercial auto policy that protects your work vehicle in the event of an accident if any of these scenarios apply to you.  

7. Food Service Permit 

A food service license, which the county or city health department often provides, is required to serve food in an establishment. 

The health department will pay you a personal visit to make sure you are following all restaurant food safety laws. The health department will continue to inspect your business after you have obtained your food service license. You must always be ready because you could lose your food service license if you don't pass any of their inspections. 

How to obtain a license for food service?

A food service license can be obtained online or in person from the health department in your community. Applying for a food service license can be done for a fixed, temporary, or mobile operation. 

In order to apply, you will need the name of your restaurant, the address of any permanent culinary facilities (even if you are a food truck operator), and the personal details of the restaurant owner. 

Keep it updated! 

Read the fine print regarding your license renewal since in certain cases, your food service license may expire automatically. Following the license's acquisition, you must continue to monitor it. Make sure your food service licenses are updated and that you have read up on the newly updated standards. 

How much does a food service license cost? 

Foodservice licensing fees are frequently determined by the restaurant's classification and size, as well as its location.  As a rule of thumb, you should expect a food service license to cost between USD$100-1,000 depending on your location.

8. Certificate of Occupancy 

The zoning or building department in your city will grant you a certificate of occupancy as soon as the commercial space housing your restaurant completes its final building assessment. The correct construction and upkeep of your building are attested to by a certificate of occupancy. 

The number of persons that can enter your business at one time is specified in your occupancy permit. Exceeding the occupancy limit would endanger your guests. This occupancy level would vary depending on a number of variables, such as the kind of business you run, the accessibility of your doors and exits, the kind of building your coffee shop is located in, and the floor you are on.

How to get a certificate of occupancy for your restaurant? 

The process for obtaining a certificate of occupancy differs based on the building's structure and the region in which your business is located. 

A series of inspections must be completed by the building of your restaurant before a certificate of occupancy is granted. These inspections may involve plumbing, electrical, fire protection, and general building examinations. To begin the process of acquiring your certificate of occupancy, get in touch with your local government. 

What Is the Price of an Occupancy Certificate?

Usually, a certificate of occupancy costs $100. 

9.  Building Health Permit

A building health permit certifies that your structure complies with all relevant health and sanitary regulations. This is frequently only required when the building is brand-new. Whichever idea you choose to go with, the department in your building will probably be involved. For example, whether you establish a drive-thru coffee shop or a mobile coffee trailer, the building department would almost certainly require an inspection of your business or mobile unit.

Depending on your menu, the health department may demand specialized equipment, such as a fire suppression unit, a three-compartment sink, a grease trap, and other staff safety regulations.

Your buildings department would make sure that the plumbing and electrical work complies with local codes and that the things required by your health department are placed appropriately.

How to Obtain a Permit for Building Health? 

Building health permits are not needed in every state. To find out more about the requirements and regulations surrounding the building health permit in your state, search for "your state" and "building health permit" on Google.

Similarly to how your restaurant has to successfully complete a review for its food service license, the structure itself might be required to undergo an examination for its building health permit, especially if you're developing a building from the ground up. 

How much does building health permits cost? 

A building health permit may cost anywhere from $50 to $1000, depending on the jurisdiction of your state.

10. Liquor License

If you wish to offer alcohol at your establishment, you will require a liquor license. The regulations for acquiring and maintaining a liquor license vary by state, as they do for other permits and licenses. It could be necessary for you to apply for both a liquor license and a beer and wine license in some states. 

Begin this procedure as soon as you can. The time it takes to finish the application procedure and get a liquor license from the city government's liquor control board can vary from months to years.

However, one thing is for sure: they are very simple to lose and very hard to gain. So, be sure to know and follow your state's ABC laws—the Alcohol Beverage Control Board controls the sale of alcohol in each state.

How to get a liquor license? 

Each state in the union has an Alcohol Beverage Control (ABC) Board of its own. You should get in touch with them to find out about your state's regulations and procedures before beginning the liquor license application process. The regulation of alcohol sales falls under their purview. 

Follow the best practices throughout. Here’s why? 

Obtaining a liquor license is one thing; keeping it renewed is quite another. As a result, you must likewise adhere to the best practices in this regard. You can lose your liquor license for a variety of reasons, including selling to minors, over-serving, unruly conduct, unskilled service workers, selling at prohibited times, and so on.

Qucik-Tip: It only takes one incident to lose this important piece of paper for several days, and in some cases, indefinitely. For your business, even a single day without a liquor license could result in significant revenue losses and, worse yet, a tarnished reputation in the neighborhood.

How much does it cost to get a liquor license? 

It is also important to remember that permit rates can be rather hefty, so you should factor these into your restaurant startup costs in addition to the cost of food and drink. Full liquor licenses can cost anything from $12,000 to $400,000, although beer and wine permits can be as low as $3,000.

11. Live Entertainment License 

Obtaining a live entertainment or music license is another important license that cafes should have if they are playing any music or are providing live entertainment services. 

Cafes need a license from performance rights organizations such as BMI (Broadcast Music, Inc.), ASCAP (American Society of Composers, Authors, and Publishers), or SESAC (Society of European Stage Authors and Composers) to ensure compliance with copyright laws. It is important for cafes in order to avoid any copyright infringement issues related to the performance of copyrighted music. 

What happens if cafe owners don’t get the license? 

Playing copyrighted music without a proper license can result in severe consequences, including fines ranging from $750 to $30,000. It's crucial for businesses to understand and adhere to copyright laws to avoid legal issues.

How to apply for a music and live entertainment license? 

In the United States, businesses can apply for a music license through organizations like ASCAP. ASCAP provides licenses that grant businesses the legal right to play music within their establishments. The application process generally involves contacting the organization, providing information about the business, and paying the applicable fees. 

How much do live entertainment and music licenses cost? 

The cost of a live entertainment or music license varies based on factors such as the type of music (live or recorded), the frequency of music performances per week, whether there's an entrance fee and other considerations. License fees typically range between $250 and $500 for background music.

A quick tip: To simplify the process for small businesses, Spotify offers a service called Soundtrack Your Brand. This service provides pre-licensed soundtracks that businesses can play within their establishments. It operates on a monthly subscription fee basis. 

State laws may have additional requirements or variations regarding music licensing. Businesses should familiarize themselves with both federal and state regulations to ensure full compliance.

Once a license is obtained, businesses should maintain ongoing compliance by adhering to the terms and conditions specified in the license agreement. 

12. Sales Tax License 

Businesses that do business in states that collect sales tax at the point of purchase must obtain a sales tax license.

This applies to most states in the US. A sales tax license is not necessary in Alaska, Delaware, Montana, New Hampshire, Oregon, or any other state where there is no sales tax collected. If you want to run your coffee shop in any other state in the union, you have to get a sales tax license.

Why is a sales tax license required?

In states that impose one, sales taxes provide a means for state governments to finance a wide range of various state-mandated expenses.  As a result, companies rely greatly on that little extra piece of money that you pay with every transaction, which implies that they take sales tax extremely seriously.

Therefore, before they may collect sales tax, state governments that impose sales taxes on businesses must compel them to officially register with them; if you don't, you are not permitted to conduct business in that state.

This guarantees that the states receive what they think they are entitled to, so you better obtain your sales tax license if you plan to conduct business in one of these states.

Conclusion

There you have it—all the important things to start with, including the licenses and permits needed for coffee shops and how important it is to get the ones you need to maintain a smooth and legal operation. 

Even while starting a café might be thrilling, not every stage of the process is an exciting one. Make sure you devote enough time to thoroughly applying for each and every cafe license that is required.  Make sure you are aware of all the legal prerequisites for starting a business in your community to avoid breaking any laws.

Here’s a quick tip that might help: Gaining successful assistance and working closely with local authorities can be quite beneficial when navigating the licensing procedure. Coffee shop operators can create a strong foundation for their company and guarantee its long-term viability by obtaining the required permits.

However, starting is not just enough. In order to maintain seamless operations for your cafe business - you need to get your hands on high-quality tools, such as a POS system. It helps you thoroughly maintain inventory, customer data, important alerts, and other things around. For more assistance regarding starting a cafe and getting the right POS system, OVVI is at your rescue.