Food Truck Permits & Licenses in Fargo, ND

Not required for a food‑truck LLC in North Dakota unless the business provides advisory or consulting services.

Required for all LLCs. Annual report required separately (see below). Fee current as of 2024.

Required for all active LLCs to maintain good standing.

Required for all mobile food units. Plan review ($100) required prior to licensing. Fees effective 2024.

Submit construction plans, menu, and operations details for approval before licensing.

Food trucks selling prepared food typically require this. File Form ST-1.

Required if food truck uses DBA (e.g., "Joe's Tacos" instead of "Joe's LLC").

Registration is completed through the North Dakota Taxpayer Access Point (TAP).

Filing frequency is assigned by the Department of Revenue based on average monthly tax liability.

LLCs taxed as partnerships must file Form 1 (Corporate Income Tax) if they have net income; LLCs taxed as corporations follow corporate filing rules.

Even if no tax is owed, a zero return must be filed.

The bond protects the public and the state against violations of health‑code requirements.

North Dakota law (ND Rev. Stat. § 37‑01‑01) requires minimum liability limits for commercial vehicles.

Recommended for any food‑service operation to protect against claims arising from the food sold.

North Dakota Administrative Rule 12‑1‑01(3) mandates liquor liability insurance for all licensees.

While not a separate statutory insurance, the health‑department permit explicitly lists liability insurance as a prerequisite.

All LLCs, even single‑member, must obtain an EIN if they have employees, elect to be taxed as a corporation, or need to open a business bank account.

If the LLC has employees, quarterly employment tax returns (Form 941) are also required.

Form I‑9 verification must be completed within 3 days of hire; Form W‑2 must be issued to employees by January 31 each year.

Food‑service establishments must follow standards for machine guarding, fire safety, hazardous chemicals (e.g., cleaning agents), and ergonomics.

The truck’s service window, menu accessibility, and any on‑site ordering equipment must be usable by individuals with disabilities.

If the truck uses a diesel engine ≥ 5,000 lb GVWR, it must meet EPA’s Tier 4 emission standards and may need to register with the EPA’s Mobile Source Compliance program.

Registration is completed through TAP; a withholding account number is issued.

Frequency is determined by the amount of tax withheld.

Registration is completed via the UI Online portal; a UI account number is issued.

Reports are filed electronically through UI Online.

The license also serves as a privilege tax; additional local sales tax is collected through the state system.

Fees vary by business type; food‑service establishments are charged the standard rate.

Required for all businesses including food trucks; apply online or at City Hall

Includes site-specific vending locations; must display permit on vehicle

Food trucks allowed in C-1+ zones and special events; verify with zoning map

Requires plan review ($100), inspections, and certified food manager

Extinguishers, suppression systems must be inspected

Requires health permit, insurance proof ($1M liability), and approved locations

Includes pre-op inspection; commissary agreement required

Requires fire inspection and designated servicing area

Traffic control plan required if impacting traffic

Often supersedes city permits for event duration; health inspection required

North Dakota law (Workers' Compensation Act, §§ 31‑01‑01 et seq.) requires any employer with at least one employee to obtain workers’ comp coverage. Sole proprietors with no employees are exempt.

While North Dakota does not mandate general liability insurance by law, the Department of Health lists it as a prerequisite for the mobile food vendor permit.

Attach Schedule K‑1s for members if filing partnership return.

Food trucks must store used oil in approved containers and arrange for recycling or proper disposal through a certified handler.

All menu claims, health statements, and price promotions must be substantiated and not misleading.

Even a single employee must be paid at least the federal minimum wage ($7.25/hr as of 2024) and overtime for hours >40 per week unless an exemption applies.

Most small food‑truck operators will not meet the employee threshold, but the requirement is listed for completeness.

If the food truck operates solely within North Dakota and does not engage in interstate commerce, registration is not required, but many operators still register voluntarily.

If the truck only serves non‑alcoholic items, this requirement does not apply.

Most food trucks fall below the 10,001 lb threshold and are exempt, but operators should verify the exact GVWR.

Most commercially available devices are already FCC‑certified, so compliance is generally achieved by using approved equipment.

Must be filed electronically via the Secretary of State’s online portal or by mail. The filing includes basic entity information and the annual fee.

Renewal requires submission of a completed application, proof of current liability insurance, and a recent health inspection report.

Inspector will verify compliance with ND Food Code, temperature controls, sanitation, and employee hygiene.

Many North Dakota cities require a fire safety inspection for mobile food units that use cooking equipment.

The seller’s permit must be displayed at the point of sale. Monthly sales‑tax returns are required (see separate entry).

If average monthly tax liability is <$100, filing may be quarterly; verify on the tax portal.

Employers must file UI wage reports electronically via the ND UI portal.

Proof of coverage must be posted at the primary worksite (the food truck).

Key posters include Minimum Wage, OSHA, Family & Medical Leave, and ND-specific Wage & Hour notices.

Include sales receipts, expense invoices, payroll records, tax returns, and permits.

Renewal requires proof of current state permits, insurance, and a completed application.

If the truck is classified as a commercial motor vehicle (CMV), additional safety inspections may be required.

The log should document daily temperature checks, cleaning schedules, and any corrective actions.

EIN does not expire, but information must be kept current with the IRS.

Use Form 1040‑ES (individual) or Form 1120‑W (corporation) as appropriate.

File using ND Form 20‑E.