Restaurant Permits & Licenses in Silver Spring, MD

Complete guide to permits and licenses required to start a restaurant in Silver Spring, MD. Fees, renewal cycles, and agency contacts.

Articles of Organization (LLC Formation)

Maryland Department of Assessments and Taxation
Required
Fee: $100.00-$100.00
Renewal: one time
Type: registration

Required for all LLCs; annual Personal Property Return filing also required (separate requirement below)

Maryland Business Personal Property Return (Annual Report Equivalent)

Maryland Department of Assessments and Taxation
Required
Fee: $300.00-$300.00
Renewal: annual
Type: registration

Replaces traditional annual report; applies to all LLCs regardless of industry

Foreign LLC Qualification (if formed outside MD)

Maryland Department of Assessments and Taxation
May Apply
Fee: $100.00-$100.00
Renewal: one time
Type: registration

Required only if LLC organized in another state

Trade Name Registration (DBA)

Maryland Department of Assessments and Taxation
May Apply
Fee: $30.00-$30.00
Renewal: one time
Type: registration

Required for assumed names/DBAs; renewable every 10 years for $25

Maryland Sales and Use Tax License

Comptroller of Maryland
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: registration

6% state sales tax rate (+ local rates up to 1%); monthly/quarterly filing required

Maryland Food Service Facility Plan Review

Maryland Department of Health
May Apply
Fee: $200.00-$1050.00
Renewal: one time
Type: registration

Required before construction begins; fee schedule varies by facility type

Maryland Food Service Facility License

Maryland Department of Health (local health departments administer)
May Apply
Fee: $200.00-$2000.00
Renewal: annual
Type: license

Issued by local health departments under state authority; must pass inspection

Maryland Liquor License (if serving alcohol)

Maryland Alcohol, Tobacco & Cannabis Commission
May Apply
Fee: $1200.00-$5000.00
Renewal: annual
Type: license

Class B/D licenses most common for restaurants; county-specific quotas and zoning apply

Maryland Refrigerated Warehouse License (if storing perishables off-site)

Maryland Department of Agriculture
May Apply
Fee: $100.00-$100.00
Renewal: annual
Type: license

Most restaurants store on-site and don't need this

Baltimore City Restaurant Business License

Baltimore City Department of Finance
Required
Fee: $150.00-$750.00
Renewal: annual
Type: license

Required for all restaurants; includes Trader's License for food service

Baltimore City Zoning Verification Permit

Baltimore City Department of Planning
May Apply
Fee: $50.00-$200.00
Renewal: one time
Type: permit

Confirms property zoned for restaurant use (C-1, C-2, D-1 districts typically)

Baltimore City Building Permit

Baltimore City Department of Housing and Community Development
May Apply
Fee: $100.00-$500.00
Renewal: one time
Type: permit

Required for kitchen installation, HVAC, etc.

Obtain an Employer Identification Number (EIN)

Internal Revenue Service (IRS)
May Apply
Renewal: one time
Type: registration

Required for tax administration purposes. Single-member LLCs without employees may use the owner's SSN, but obtaining an EIN is recommended for liability protection and banking.

Federal income and self-employment tax obligations for LLC

Internal Revenue Service (IRS)
Required
Renewal: annual
Type: filing

A single-member LLC is disregarded for federal tax purposes and reports income on Schedule C. Multi-member LLCs file Form 1065. LLC owners pay self-employment tax on net earnings via Schedule SE.

OSHA Workplace Safety Compliance

Occupational Safety and Health Administration (OSHA)
May Apply
Fee: $500.00-$2000.00
Renewal: one time
Type: permit

Employers must provide a safe workplace. Requirements include posting the OSHA Job Safety and Health poster, maintaining injury logs (if 10+ employees), and training on hazards like slips, burns, and chemical exposure common in restaurants.

ADA Compliance for Public Accommodations

Department of Justice (DOJ)
May Apply
Fee: $1000.00-$10000.00
Renewal: one time
Type: permit

Must ensure physical accessibility (e.g., entrances, restrooms), provide accessible menus, and allow service animals. New construction or alterations must meet ADA Standards for Accessible Design.

EPA compliance for commercial food service (waste oil, grease, and chemical disposal)

Environmental Protection Agency (EPA)
May Apply
Fee: $200.00-$1000.00
Renewal: one time
Type: permit

Restaurants must comply with Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA). Grease traps required to prevent sewer blockages; hazardous cleaning chemicals must be disposed of properly. Not typically subject to major federal permits unless discharging directly into waterways.

FTC compliance with truth-in-advertising and consumer protection rules

Federal Trade Commission (FTC)
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: permit

All advertising must be truthful, non-deceptive, and substantiated. Applies to menu descriptions, promotions, and online claims (e.g., "organic," "locally sourced"). FTC enforces against false health or environmental claims.

DOL wage and hour compliance (Fair Labor Standards Act)

U.S. Department of Labor (DOL)
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: permit

Must pay at least federal minimum wage ($7.25/hour) and overtime (1.5x regular rate for hours over 40/week). Tip credits allowed under FLSA if conditions are met (e.g., tip employees earn at least $7.25/hour with tips included). Recordkeeping required.

DOL Family and Medical Leave Act (FMLA) Compliance

U.S. Department of Labor (DOL)
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: permit

Requires eligible employees to be granted up to 12 weeks of unpaid, job-protected leave for qualifying reasons (e.g., birth, serious health condition). Most small restaurants do not meet the employee threshold.

DOL I-9 Employment Eligibility Verification

U.S. Department of Homeland Security (DHS) in coordination with DOL
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: permit

Employers must complete Form I-9 to verify identity and work authorization for all employees. E-Verify is voluntary unless required by state law or federal contract.

FDA Food Code compliance for retail food establishments

Food and Drug Administration (FDA)
May Apply
Renewal: one time
Type: permit

FDA issues the Food Code as guidance; adopted and enforced by state and local health departments. Covers food handling, temperature control, cross-contamination, and employee hygiene. Required for all restaurants.

Baltimore City Sign Permit

Baltimore City Department of Permits, Approvals and Inspections
May Apply
Fee: $5.00-$5.00
Renewal: one time
Type: permit

Complies with Baltimore City Zoning Code Article 4

Baltimore City Health Department Food Service Facility Permit

Baltimore City Health Department
Required
Fee: $400.00-$400.00
Renewal: annual
Type: permit

Includes plan review, ServSafe certification for manager

Baltimore City Fire Department Operating Permit

Baltimore City Fire Department
Required
Fee: $100.00-$300.00
Renewal: annual
Type: permit

Required for assembly occupancies >50 persons

Baltimore City Certificate of Occupancy

Baltimore City Department of Housing and Community Development
May Apply
Fee: $150.00-$400.00
Renewal: one time
Type: permit

Issued after passing building, fire, health inspections

Baltimore City Fire Alarm Permit

Baltimore City Fire Department
May Apply
Fee: $75.00-$75.00
Renewal: one time
Type: permit

Must be monitored system

Montgomery County Restaurant Business License

Montgomery County Department of Permitting Services
Required
Fee: $200.00-$200.00
Renewal: annual
Type: license

Required in addition to state food license

Montgomery County Zoning Approval

Montgomery County Department of Permitting Services
May Apply
Fee: $200.00-$500.00
Renewal: one time
Type: permit

C-1, C-T, I-1 zones typically allowed

Montgomery County Health Department Plan Review and Permit

Montgomery County Department of Health and Human Services
Required
Fee: $450.00-$450.00
Renewal: annual
Type: permit

Separate from state requirements

Anne Arundel County Food Service Permit

Anne Arundel County Department of Health
Required
Fee: $300.00-$600.00
Renewal: annual
Type: permit

Required for all food service; 60-day plan review

Prince George's County Restaurant Operating License

Prince George's County Health Department
Required
Fee: $250.00-$250.00
Renewal: annual
Type: license

Includes pre-operational inspection

Workers' Compensation Insurance

Maryland Workers' Compensation Commission
May Apply
Fee: $1.50-$3.50
Renewal: one time
Type: certificate

All employers in Maryland who have one or more employees are legally required to carry workers' compensation insurance. Coverage must be obtained through a private insurer or by qualifying as a self-insurer. Independent contractors are not covered unless misclassified.

General Liability Insurance

Maryland Department of Labor, Licensing, and Regulation (DLLR)
May Apply
Fee: $500.00-$1500.00
Renewal: one time
Type: certificate

While Maryland does not statutorily mandate general liability insurance for restaurants statewide, local health departments and property owners frequently require proof of coverage as part of licensing or leasing agreements. Strongly recommended due to risk of slip-and-fall claims and other third-party injuries.

Commercial Auto Insurance

Maryland Motor Vehicle Administration (MVA)
May Apply
Fee: $1200.00-$3000.00
Renewal: one time
Type: certificate

Maryland law requires all motor vehicles registered in the state to carry liability insurance with minimum limits of $30,000 bodily injury per person, $60,000 per accident, and $15,000 for property damage (30/60/15). Applies to any vehicle used for restaurant operations, including delivery cars or trucks.

Liquor Liability Insurance

Maryland Comptroller of the Treasury
May Apply
Renewal: one time
Type: certificate

While not always listed as a separate insurance policy, restaurants holding a liquor license are required to carry adequate liability coverage that includes liquor liability (dram shop coverage). The ABC may require proof of such coverage during licensing or audits. Failure to maintain appropriate coverage can jeopardize liquor license status.

Surety Bond (Liquor License Bond)

Maryland Alcohol Beverage Control (ABC) Office
May Apply
Fee: $100.00-$500.00
Renewal: one time
Type: certificate

A surety bond (commonly $1,000–$10,000 depending on license type) is required as part of the liquor license application process. This bond guarantees compliance with state alcohol laws. The bond is filed with the ABC and remains active for the license term.

Product Liability Insurance

U.S. Consumer Product Safety Commission (CPSC)
Required
Fee: $500.00-$2500.00
Renewal: one time
Type: certificate

Maryland does not mandate product liability insurance by statute. However, restaurants are strictly liable under tort law for injuries caused by unsafe food. Coverage is typically included in general liability policies. Strongly recommended but not legally required.

Alcohol service permit (if selling alcohol)

Alcohol and Tobacco Tax and Trade Bureau (TTB)
May Apply
Fee: $1000.00-$1000.00
Renewal: one time
Type: license

Required under the Federal Alcohol Administration Act. Must also comply with Maryland state alcohol licensing (not federal). Federal permit required for importers, wholesalers, and producers; restaurants typically only need state license unless self-distributing.

Nutrition labeling for standard menu items

Food and Drug Administration (FDA)
May Apply
Fee: $2500.00-$8000.00
Renewal: one time
Type: permit

Chain restaurants with 20+ locations must display calorie counts on menus and menu boards, provide additional nutrition information upon request, and include succinct descriptions of daily nutrition. Does not apply to smaller independent restaurants.

Step-by-Step Compliance Guide

  1. First, obtain an Employer Identification Number (EIN) from the Internal Revenue Service (IRS); this is required for operating as a business.
  2. Next, register for Federal Income Tax with the IRS, as this is a fundamental requirement for all businesses.
  3. Ensure compliance with the Federal Trade Commission (FTC) regarding truth-in-advertising and menu labeling to avoid potential penalties.
  4. File for Federal Income and Self-Employment Tax with the IRS, understanding that the fee varies based on your income.
  5. Maintain thorough Recordkeeping for Tax Purposes as mandated by the IRS, which is essential for accurate tax filings.
  6. Address ADA Compliance for Public Accommodations with the Department of Justice (DOJ), with fees ranging from $200 to $5000.
  7. Comply with Federal Income Tax Filing as an LLC, which may have an annual renewal requirement.
  8. Ensure ongoing Federal Trade Commission (FTC) compliance with advertising and consumer protection rules to maintain legal standing.

Common Mistakes to Avoid

  • Assuming local business licenses cover all federal requirements is a common error.
  • Ignoring menu labeling requirements can lead to FTC violations and associated fines.
  • Failing to obtain an EIN before hiring employees can result in IRS penalties.
  • Neglecting ADA compliance can lead to lawsuits and significant financial burdens.
  • Incorrectly calculating self-employment taxes can cause issues during tax audits.

Frequently Asked Questions

What is an EIN and why do I need one?

An Employer Identification Number (EIN) is a unique tax ID number assigned by the IRS to businesses operating in the United States. You’ll need an EIN to file taxes, open a business bank account, and hire employees.

What does ADA compliance entail for a restaurant?

ADA compliance for restaurants means ensuring your establishment is accessible to individuals with disabilities, including accessible entrances, restrooms, and seating. The Department of Justice (DOJ) enforces these regulations, and non-compliance can result in penalties ranging from $200 to $5000.

How often do I need to renew my Federal Income Tax Filing?

Federal Income Tax Filing for a restaurant operating as an LLC typically requires annual renewal, though the specific requirements depend on your business structure and income. The IRS provides detailed guidance on their website.

What are the potential consequences of non-compliance with the FTC?

The Federal Trade Commission (FTC) enforces rules related to advertising and consumer protection. Non-compliance can lead to fines, legal action, and damage to your restaurant’s reputation.

What kind of records should I keep for tax purposes?

You should keep records of all income and expenses, including receipts, invoices, and bank statements. The IRS requires these records to verify your tax filings and ensure accuracy.

Need a personalized checklist?

Permit Finder asks follow-up questions to give you an exact list of permits.

Find Your Permits