Restaurant Permits & Licenses in Fort Wayne, IN

Hood suppression systems, exits, sprinklers required for restaurants

Issued after zoning, building, fire approvals

Annual inspection also required

Standard restaurant operations typically exempt unless live music/outdoor

Restaurants require 1 space/100 sq ft + 1/4 seats; Zoning Ordinance Sec. 730

Required for all employers with one or more employees in Indiana, including part-time and minor employees. Sole proprietors without employees are exempt. Coverage must be obtained through a private insurer or self-insurance (if approved).

Not legally mandated by Indiana state law. However, strongly recommended due to risk of third-party injury or property damage. Often required by landlords, lenders, or investors as a condition of leasing or financing.

Required for any vehicle owned or operated by the business. Minimum liability limits: $25,000 bodily injury per person, $50,000 per accident, $25,000 property damage. Applies to delivery vehicles, shuttles, or any company-owned auto.

Mandatory for any restaurant holding an alcohol license in Indiana. Requires minimum $1 million per occurrence in coverage. Must name the Indiana Alcohol and Tobacco Commission as certificate holder.

A surety bond of $1,000–$10,000 (based on license type) is required for all on-premises alcohol sellers. The bond ensures compliance with Indiana alcohol laws. Most common for Class C (restaurant) licenses is a $1,000 bond.

Required for all LLCs. Annual report required separately (see below).

Required for all active LLCs to maintain good standing.

Restaurants selling food/beverages for consumption are retail merchants. Renewed automatically upon filing sales tax returns.

Not mandated by Indiana law. However, restaurants are strongly advised to carry product liability coverage as part of a broader general liability policy to protect against claims related to foodborne illness or contaminated products.

Not legally required for restaurants in Indiana. More common in professional service industries (e.g., consultants, architects). May be relevant only if offering catering planning or event coordination with contractual liability exposure.

Not required by state law, but almost universally required by third parties. Minimum recommended: $1M per occurrence/$2M aggregate.

Strongly recommended for restaurants using digital payment systems or loyalty programs. Covers data breach, ransomware, and privacy liability.

All LLCs with employees or that are taxed as corporations must have an EIN. Single-member LLCs without employees may use the owner’s SSN, but obtaining an EIN is recommended for liability protection.

A single-member LLC is treated as a disregarded entity for federal tax purposes and reports income on Schedule C. Multi-member LLCs are treated as partnerships and must file Form 1065. Owners pay self-employment tax on net earnings via Schedule SE.

Employers must provide a safe workplace, display OSHA poster (OSHA Form 2203), report work-related fatalities or hospitalizations, and maintain injury logs (Form 300) if over 10 employees. Restaurants are subject to hazard communication, fire safety, and kitchen equipment standards.

Restaurants are public accommodations and must ensure accessible entrances, restrooms, seating, and menus (if applicable). New construction or alterations must comply with ADA Standards for Accessible Design. Applies regardless of number of employees.

Restaurants must comply with local pretreatment programs under the Clean Water Act. Improper disposal of grease or chemicals may violate federal environmental laws. EPA delegates enforcement to state/local agencies, but federal standards apply.

Restaurants must ensure truthfulness in advertising (e.g., menu descriptions, pricing, health claims). Misrepresenting ingredients, portion sizes, or "organic" claims may violate FTC Act Section 5. Applies to online and offline marketing.

Most restaurants meet the interstate commerce threshold. FLSA requires federal minimum wage ($7.25/hour), overtime pay (1.5x regular rate for hours over 40/week), and proper recordkeeping. Tip credits allowed under specific conditions (29 CFR §531).

Eligible employees are entitled to 12 weeks of unpaid, job-protected leave annually for qualifying medical/family reasons. Restaurants below threshold are not required to comply.

Employers must complete Form I-9 to verify identity and work authorization. E-Verify is not federally required for restaurants unless state law mandates it or the business has federal contracts.

FDA issues the Food Code as guidance; states (including Indiana) adopt it into law. Covers food safety practices: handwashing, temperature control, cross-contamination, allergen labeling. Federal role is advisory, but forms basis of state regulation.

Federal basic permit required under 27 CFR Part 55. Even if state (Indiana) issues liquor license, federal TTB permit is mandatory for on-premises sale of alcohol. Apply via Form TTB F 5630.54.

Issued by local county health department under state rules (410 IAC 7-24). Plan review required pre-opening. Fees set locally.

Business must ensure compliance; certification from state-approved programs like ServSafe.

Required if restaurant uses trade name/DBA differing from LLC legal name. Search names first.

Multiple permit types (e.g., 224 for beer/wine, 221 for full liquor). Local approval often required. Fees as of 2023 schedule.

Distinct from Certified Food Handler. Required for all licensed food establishments.

Required for all commercial kitchens; issued by local fire department after plan review.

All retailers of tangible personal property and prepared food must collect Indiana sales tax (6 %). Restaurants also collect the 1 % prepared‑food (restaurant) tax on the same return.

|

After registration, file withholding returns (Form WH‑1) on the same schedule as sales tax (monthly, quarterly, or annually).

|

Registration is completed through INBiz (https://inbiz.in.gov/).

Employers may elect to pay contributions semi‑annually or annually, but quarterly filing of wage reports is still required.

Corporate income tax rate is 5.25 % (FY 2024). Returns are filed using Form IN 40.

|

Monthly returns (Form AT‑1) are required.

|

|

|

Indianapolis businesses within city limits do not require a separate county business license; handled via state filings

Requires calorie counts on menus and menu boards, a statement about daily calorie intake, and availability of written nutrition information. Applies to standard menu items, including self-service and display foods.

Indiana taxes prepared food at 7% state rate (plus local taxes). Must register with IDOR and collect tax from customers.

Required in addition to federal TTB permit. Must apply through IABC; renewal annually.

Restaurants must comply with local pretreatment programs. Grease traps require regular cleaning and monitoring.

All Indiana LLCs must file an annual report with the Secretary of State each year. The report is due on the first day of the anniversary month of the LLC’s formation or qualification. Example: If the LLC was formed on March 15, the report is due March 1 annually.

Sales tax licenses issued after July 1, 2021, are automatically renewed every two years (odd-numbered years). No fee is charged. Restaurants that sell food or beverages must hold a valid sales tax license.

All restaurants must obtain and renew a food service establishment permit from the local health department. Renewal is typically tied to annual inspection. Fees and deadlines vary by county. Example: Marion County requires renewal by January 31 each year.

Indiana local health departments conduct routine inspections of food service facilities. Frequency depends on risk classification. Most restaurants are inspected at least annually. Inspection results must be posted visibly on premises.

Most Indiana municipalities require annual or biennial fire safety inspections for commercial buildings, including restaurants. The local fire marshal inspects for compliance with fire codes, including exits, extinguishers, alarms, and sprinklers.

Employers must register once but file withholding tax returns quarterly. No renewal of registration, but failure to file or pay results in penalties. Employers must report wages and remit taxes by the last day of the month following each quarter.

EIN is a one-time assignment. However, businesses must use it for all federal tax filings. Required for payroll, income tax returns, and banking.

Employers must file Form 940 (FUTA) annually and Form 941 (federal income tax) quarterly. Indiana requires quarterly UI tax reports and payments. New employers pay 2.5% SUTA tax rate.

Employers must display the OSHA Job Safety and Health – It’s the Law poster in a conspicuous location accessible to employees. Available free from OSHA website.

Employers must post the Indiana Minimum Wage Poster and other labor law notices in a visible location. Poster includes minimum wage, child labor, and wage payment laws.

At least one employee must hold a valid Certified Food Protection Manager (CFPM) certificate from an ANSI-accredited program. Certification must be renewed every five years via re-examination.

Restaurants must file sales tax returns electronically. Filing frequency (monthly, quarterly) is determined by the DOR based on sales volume. Due by the 20th of the month following the reporting period.

LLC members must make quarterly estimated tax payments if they expect to owe $1,000 or more in federal taxes. Payments cover income and self-employment taxes.

Individual members of an LLC must make quarterly estimated payments if they expect to owe $500 or more in Indiana income tax. Applies to pass-through income from the restaurant.

Businesses must retain payroll, sales, and tax records for at least 3 years (federal) and 4 years (Indiana). Some records (e.g., employment tax) should be kept for 4 years under federal law.

Restaurants must comply with ADA Title III requirements for accessibility, including entrances, restrooms, and seating. No renewal, but ongoing compliance required.

Required for all commercial occupancy; verify zoning district allows restaurant use (e.g., C-3, D)

Submit plans for review; IndyCode Sec. 14-104

Freestanding, wall, or projecting signs require approval; height/area limits by zoning

Plan review required pre-opening ($300+); HACCP plan for high-risk operations

Restaurants must maintain compliance with local building codes. A Certificate of Occupancy (CO) is issued initially and must be renewed if there are structural changes or relocation.