Restaurant Permits & Licenses in Louisville, KY

Form 51A300-SR01; required if paying wages to employees.

Required for all businesses selling tangible goods or certain services (6% sales tax).

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

All active LLCs must file annually to maintain good standing.

File with county clerk where principal office located, then register with SOS.

Issued by local health department under 902 KAR 45:005. Requires plan review and inspection.

Applies if restaurant sells retail packaged goods (e.g., sauces, baked goods).

NQ-1 license for restaurants deriving ≤70% revenue from food. Requires food sales minimum.

Not legally required for restaurants in Kentucky. More relevant for consultants or licensed professionals. However, may be useful if offering catering advice or dietary services. Not typically part of standard restaurant risk management unless providing specialized services.

Required for all LLCs that have employees, file employment, excise, or alcohol taxes, or have a Keogh plan. Even single-member LLCs without employees may need an EIN to open a business bank account or if they elect corporate taxation.

A multi-member LLC is taxed as a partnership by default and must file Form 1065. A single-member LLC is a disregarded entity and reports income on Schedule C of the owner’s Form 1040. If the LLC elects to be taxed as a corporation, it must file Form 1120.

Restaurants must comply with general industry standards including hazard communication, emergency exits, sanitation, and injury reporting. Employers with 10 or more employees must maintain OSHA Form 300 (injury and illness log). Exempt if under 10 employees or in certain low-risk industries (but restaurants are not exempt).

Must ensure physical accessibility (entrances, restrooms, seating), communication access for people with disabilities, and accessible digital platforms (e.g., website or app ordering). Applies regardless of number of employees or size.

Restaurants must install and maintain grease traps to prevent blockages and contamination. Must comply with Clean Water Act and National Pollutant Discharge Elimination System (NPDES) if discharging to stormwater systems. Most restaurants fall under municipal pretreatment programs regulated under EPA authority.

Must avoid deceptive or misleading claims in advertising (e.g., false “organic” or “locally sourced” claims). Restaurants with 20 or more locations operating under the same name must comply with the FDA’s Menu Labeling Rule (see separate entry) but FTC enforces truth-in-advertising standards across all media.

Requires payment of federal minimum wage ($7.25/hour), overtime pay (1.5x regular rate for hours over 40/week), proper tip credit compliance (if claiming tip credit, must pay at least $2.13/hour and ensure tips bring total to $7.25), and youth employment rules. Applies to all restaurants with employees.

Requires eligible employees (worked 1,250 hours in past 12 months, employed 12 months, at location with 50+ employees within 75 miles) to be granted up to 12 weeks of unpaid, job-protected leave annually for qualifying reasons. Posting and recordkeeping requirements apply.

Must complete Form I-9 for every employee, verify identity and work authorization documents, and retain forms for 3 years after hire or 1 year after employment ends, whichever is later. Applies to all U.S. employers.

Restaurants must collect and remit sales tax on all taxable sales. Kentucky state sales tax rate is 6%. Registration is done through the Kentucky Business One Stop Portal.

Required for all employers in Kentucky. Employers must withhold state income tax from employee wages and remit it to the state. Registration is completed via the Kentucky Business One Stop Portal.

Employers must register with the Kentucky Office of Unemployment Insurance. New employers pay a standard rate of 2.7% on the first $11,400 of each employee's wages (as of 2024).

All LLCs in Kentucky are subject to the Limited Liability Entity Tax (LLET), not franchise tax. The tax is due annually and is separate from income tax. Must be filed even if no activity occurred.

All restaurants that prepare and serve food are considered food facilities and must register with FDA. Registration must be renewed every two years during the renewal period (October 1 to December 31 of each even-numbered year). Failure to register may result in detention of food.

Requires calorie counts on menus and menu boards, statement about daily calorie intake, and availability of additional nutrition information upon request. Applies only to chain restaurants with 20 or more locations. Not required for independent restaurants in Kentucky unless part of such a chain.

Required under the Federal Alcohol Administration Act. All businesses selling alcohol must register with TTB using Form 5630.5t. This is in addition to state-level alcohol licensing in Kentucky.

While most restaurants are exempt from formal HACCP plans, those engaging in specific food processes (e.g., smoking fish, sous-vide cooking under reduced oxygen packaging) may be required to have a HACCP plan under FDA Food Code. Applies only to specific food handling practices.

Restaurants using wireless communication devices (e.g., walkie-talkies for staff, public Wi-Fi) must ensure equipment is FCC-certified. No license required for most consumer-grade Wi-Fi or Bluetooth devices.

All LLCs formed or registered in Kentucky must file an annual report by June 30. The report includes business address, registered agent, and management structure. Failure to file may lead to administrative dissolution.

Restaurants collecting sales tax must file returns electronically. Frequency (monthly or quarterly) is determined by the Department of Revenue based on sales volume.

Restaurants with employees must withhold and remit state income tax. Filing frequency is assigned by the Department of Revenue.

Form 941 (quarterly federal tax return) and Form 940 (federal unemployment tax) must be filed if the restaurant has employees. EIN does not expire but tax filings are ongoing.

License issued and renewed by local health departments. Inspection required at least once per year. Renewal timing varies by jurisdiction.

Inspections ensure compliance with Kentucky Food Code. Frequency depends on risk classification (e.g., frequency increases for repeat violations).

Conducted by local fire marshal. Includes review of exits, fire extinguishers, alarms, and kitchen suppression systems.

Required posters include the Federal Minimum Wage, EEO, OSHA Safety, and Family and Medical Leave Act (FMLA). Available for free from DOL.

Restaurants with 11 or more employees must maintain OSHA Form 300 (Log of Injuries), Form 300A (Summary), and Form 301 (Incident Report). Form 300A must be posted from February 1 to April 30 each year.

Mandatory for all employers with one or more employees. Coverage must be continuous; lapse results in penalties and personal liability for injury claims.

Most Kentucky cities and counties require a local business license. Renewal dates and fees vary (e.g., Louisville: due January 31; Lexington: annual renewal).

EIN does not expire. Required for opening bank accounts, filing taxes, and hiring employees. No ongoing renewal, but changes (e.g., ownership) must be reported.

Employers must file quarterly unemployment tax returns and pay tax on first $10,500 of each employee’s wages. Rate varies by employer history.

Kentucky does not impose entity-level income tax on LLCs. Instead, income passes through to members who report on personal returns. However, if any member is a Kentucky resident, the LLC may have withholding and reporting obligations for non-resident members. Multi-member LLCs taxed as partnerships must file Form 770 if required.

Many cities in Kentucky, including Louisville and Lexington, impose a local business privilege tax or occupational license fee. Fees and requirements vary by location. Must be renewed annually. Check with local clerk or tax office for specific obligations.

Kentucky allows counties and cities to impose a 1% local meals tax on prepared food and beverages. As of 2024, over 70 jurisdictions participate. The tax is collected by the restaurant and remitted to the Kentucky Department of Revenue, which then distributes to local governments. Registration is automatic if sales tax is registered.

Required for all businesses; restaurants categorized under food service

Verify site-specific zoning via Louisville Metro Zoning Map

Commercial plan review required for restaurants

Comply with Chapter 111 of Louisville Metro Code

Requires certified food manager; plan review $250+

NFPA 1/96 compliance for suppression systems

Issued after fire/health/building approvals

Must connect to central monitoring

Restaurants require 1 space/100 sq ft + customer parking

Pre-opening inspection mandatory

Kitchen hood inspection required

Mandatory for all employers with one or more employees in Kentucky, including part-time and full-time workers. LLC owners are not automatically exempt unless they file a formal exemption with the Department. Agricultural and domestic workers may have limited exemptions.

Not statutorily mandated by Kentucky state law for all businesses, but strongly recommended. Often required by landlords, lenders, or local health departments as part of occupancy or lease agreements. Covers third-party bodily injury, property damage, and advertising injury.

Required under Kentucky Revised Statutes (KRS 304.20-020) for any business-owned vehicle. Minimum liability limits: $25,000 bodily injury per person, $50,000 per accident, $25,000 property damage. Personal auto policies do not cover business use.

While not always listed as a direct insurance mandate, Kentucky ABC requires compliance with dram shop laws (KRS 41.610), which hold businesses liable for serving intoxicated patrons. Most licensed establishments are required by their liquor license agreement to carry liquor liability coverage. Often included as part of a commercial package or umbrella policy.

At least one manager must hold a valid Certified Food Protection Manager (CFPM) credential from an accredited program (e.g., ServSafe). Certification expires after 5 years.

Businesses must retain sales records, tax returns, and supporting documents for 4 years. Includes invoices, receipts, and exemption certificates.

IRS recommends keeping business records for at least 3 years. Employment tax records must be kept for at least 4 years. Includes payroll, receipts, and tax returns.

A surety bond is required for certain alcohol licenses (e.g., Class A Retail License). The bond guarantees compliance with state alcohol laws. Amount varies by license type and local jurisdiction. Filed with the ABC office and underwritten by a licensed surety.

Not a statutory requirement in Kentucky, but effectively necessary due to risk of lawsuits from foodborne illness or contaminated products. Restaurants are strictly liable under Kentucky tort law for defective food products. Strongly recommended and often required by suppliers or distributors.