Restaurant Permits & Licenses in Grand Forks, ND

Complete guide to permits and licenses required to start a restaurant in Grand Forks, ND. Fees, renewal cycles, and agency contacts.

Certificate of Authority (LLC Registration)

North Dakota Secretary of State
Required
Fee: $135.00-$135.00
Renewal: one time
Type: registration

Required for all LLCs formed or authorized to do business in ND. Annual report required thereafter ($50 fee). Source: ND Century Code Title 10, Ch. 31.

Annual Report Filing (LLC)

North Dakota Secretary of State
Required
Fee: $50.00-$50.00
Renewal: one time
Type: registration

Ongoing requirement for all active LLCs. Online filing available.

Food Establishment License

North Dakota Department of Health & Human Services
May Apply
Fee: $200.00-$200.00
Renewal: one time
Type: license

Plan review required pre-opening ($200 fee). Inspected under Food Code. Current fee schedule: https://www.hhs.nd.gov/health-regulation/food-protection.

Food Service Plan Review

North Dakota Department of Health & Human Services
May Apply
Fee: $200.00-$200.00
Renewal: one time
Type: permit

Required for all new/modified food establishments.

Sales Tax License (Retailer's Certificate of Registration)

North Dakota Office of State Tax Commissioner
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: registration

File monthly/quarterly returns based on revenue. Restaurants collect 5% state + local taxes.

Assumed Name Registration (DBA)

North Dakota Secretary of State
May Apply
Fee: $25.00-$25.00
Renewal: one time
Type: registration

Renewable every 10 years ($10). Required if restaurant name differs from LLC legal name.

Liquor License (if serving alcohol)

North Dakota Attorney General (Alcohol Control)
May Apply
Fee: $300.00-$1200.00
Renewal: one time
Type: license

Employee Beverage Server Permit also required ($20/3 years per employee). Multiple types available (e.g., RB - Restaurant).

Public Health Permit (Temporary Food Service)

North Dakota Department of Health & Human Services
May Apply
Fee: $50.00-$50.00
Renewal: one time
Type: permit

For off-site food service.

North Dakota Sales Tax Permit (Certificate of Registration)

North Dakota Department of Revenue
Required
Fee: $25.00-$25.00
Renewal: one time
Type: registration

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North Dakota Corporate Income Tax Registration (Form 20)

North Dakota Department of Revenue
May Apply
Renewal: one time
Type: registration

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North Dakota Withholding Tax Registration

North Dakota Office of the State Tax Commissioner
May Apply
Renewal: one time
Type: registration

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North Dakota Unemployment Insurance (UI) Tax

North Dakota Department of Labor and Human Rights
May Apply
Fee: $38100.00-$38100.00
Renewal: one time
Type: filing

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North Dakota Alcoholic Beverage Excise Tax (for restaurants serving alcohol)

North Dakota Alcoholic Beverage Control Division
May Apply
Fee: $0.12-$0.12
Renewal: one time
Type: filing

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City of Fargo Business License Tax (Privilege Tax)

City of Fargo Finance Department
May Apply
Renewal: one time
Type: filing

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City of Bismarck Business License Tax

City of Bismarck Finance Department
May Apply
Renewal: one time
Type: filing

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City Business License

City of Fargo
May Apply
Fee: $50.00-$200.00
Renewal: annual
Type: license

Required for all businesses; restaurants must also comply with health permits. Fargo Municipal Code Sec. 13-01.

Cass County Business License

Cass County
May Apply
Fee: $50.00-$50.00
Renewal: one time
Type: license

Not required in cities like Fargo; LLC registration with ND Sec of State suffices otherwise. No specific restaurant distinction.

Zoning Compliance Permit

City of Fargo Planning & Development
May Apply
Fee: $100.00-$500.00
Renewal: one time
Type: permit

Fargo Zoning Ordinance Chapter 20. Verify site complies with food service standards.

Building Permit

City of Fargo Inspections Division
May Apply
Fee: $0.50-$2.00
Renewal: one time
Type: permit

Submit plans stamped by licensed architect/engineer for commercial kitchens. Fargo Building Code adopts IBC 2021.

Sign Permit

City of Fargo Planning & Development
May Apply
Fee: $50.00-$50.00
Renewal: one time
Type: permit

Max height 25 ft in commercial zones; electronic signs restricted. Zoning Ordinance Sec. 20-14.

Food Service Establishment Permit

City of Fargo Health Department
Required
Fee: $400.00-$400.00
Renewal: annual
Type: license

Plan review required pre-opening ($300 fee). Complies with ND Food Code (adopted 2022).

Fire Safety Inspection and Permit

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

NFPA 96 for kitchen exhaust; occupancy load posted. Fargo Fire Code Sec. 9-10.

Certificate of Occupancy

City of Fargo Inspections Division
May Apply
Renewal: one time
Type: permit

Requires sign-off from fire, health, building depts.

Fire Alarm Permit

Bismarck Fire Department
May Apply
Fee: $100.00-$250.00
Renewal: one time
Type: permit

Must register with central station; annual inspection $50.

Health Department Plan Review

City of Fargo Health Department
Required
Fee: $300.00-$300.00
Renewal: one time
Type: permit

Submit menu, floor plans, equipment specs.

Workers' Compensation Insurance

North Dakota State Water Commission (Administered by the North Dakota Workers’ Compensation Bureau)
May Apply
Fee: $500.00-$2000.00
Renewal: one time
Type: certificate

North Dakota law requires every employer with at least one employee to provide workers’ compensation. No minimum dollar‑amount limit is set; the policy must be sufficient to meet the state benefit schedule.

Food Service Permit Surety Bond

North Dakota Department of Health – Food Safety Division
May Apply
Fee: $500.00-$500.00
Renewal: one time
Type: certificate

The $500 surety bond guarantees compliance with health‑code regulations and payment of any fines or damages assessed by the Department of Health.

Liquor Liability Insurance (for establishments serving alcoholic beverages)

North Dakota Alcoholic Beverage Control (ABC) – Licensing Division
May Apply
Fee: $10000.00-$10000.00
Renewal: one time
Type: certificate

North Dakota law requires at least $10,000 in general liability insurance for any holder of a liquor license. The policy must name the state ABC as an additional insured.

Commercial Auto Liability Insurance

North Dakota Department of Transportation – Vehicle Registration Division
May Apply
Fee: $25000.00-$25000.00
Renewal: one time
Type: certificate

North Dakota follows the standard minimum liability limits for commercial vehicles; higher limits are often required by lenders or insurers.

General Liability Insurance (recommended)

North Dakota Department of Health – Food Safety Division (recommendation)
Required
Fee: $1.00-$1.00
Renewal: one time
Type: certificate

While not mandated by state law, general liability insurance protects against third‑party bodily injury and property damage claims arising from restaurant operations.

Employer Identification Number (EIN) registration

Internal Revenue Service (IRS)
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: registration

All LLCs (single‑member or multi‑member) need an EIN for federal tax reporting and payroll.

Federal income tax filing (Form 1065 or Schedule C)

Internal Revenue Service (IRS)
May Apply
Fee: $300.00-$300.00
Renewal: annual
Type: filing

LLC may elect corporate taxation (Form 1120), which changes filing requirements.

Federal employment tax reporting (Form 941, Form 940, W‑2, W‑3)

Internal Revenue Service (IRS)
May Apply
Fee: $100.00-$100.00
Renewal: annual
Type: filing

Also requires registration for State unemployment tax separately.

OSHA General Industry safety and health standards

Occupational Safety and Health Administration (OSHA)
May Apply
Renewal: one time
Type: permit

Covers bloodborne pathogens, hazard communication, ergonomics, kitchen equipment safety, etc.

Americans with Disabilities Act (ADA) Title III accessibility requirements

U.S. Department of Justice (DOJ) / ADA.gov
May Apply
Renewal: one time
Type: permit

Applies to entrances, seating, restrooms, service counters, and auxiliary aids.

Resource Conservation and Recovery Act (RCRA) hazardous waste management

Environmental Protection Agency (EPA)
May Apply
Renewal: one time
Type: permit

Many restaurants generate only small, non‑hazardous waste and may be exempt, but proper handling is still required.

National Pollutant Discharge Elimination System (NPDES) permit for wastewater

Environmental Protection Agency (EPA) – administered by state
May Apply
Fee: $100.00-$100.00
Renewal: one time
Type: permit

Check North Dakota’s Department of Health for state‑specific implementation.

Federal Trade Commission (FTC) Truth‑in‑Advertising compliance

Federal Trade Commission (FTC)
Required
Renewal: one time
Type: permit

Covers menu claims, health statements, pricing, and promotional offers.

Fair Labor Standards Act (FLSA) wage and hour compliance

U.S. Department of Labor – Wage and Hour Division (DOL)
May Apply
Renewal: one time
Type: permit

Federal minimum wage applies, but North Dakota’s higher state minimum wage must also be met.

Form I‑9 Employment Eligibility Verification

U.S. Citizenship and Immigration Services (USCIS) under DOL
May Apply
Renewal: one time
Type: filing

Must complete Section 1 with employee and Section 2 with employer.

Basic Permit for manufacturing, importing, or selling alcoholic beverages

Alcohol and Tobacco Tax and Trade Bureau (TTB)
May Apply
Fee: $150.00-$150.00
Renewal: one time
Type: license

State liquor license is also required; TTB permit covers federal excise tax compliance.

FDA Food Labeling compliance (Nutrition Facts, allergen labeling)

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

Restaurants that only display menu items without nutrition info are generally exempt, but any packaged or pre‑prepared food sold must comply.

FDA Food Code compliance (food safety practices)

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

While the Food Code is not a federal regulation, it is the model used by the FDA and most states, including North Dakota, for restaurant inspections.

Federal hazardous materials transportation (DOT) compliance

U.S. Department of Transportation (DOT) – Pipeline and Hazardous Materials Safety Administration (PHMSA)
May Apply
Renewal: one time
Type: permit

Most restaurants only receive deliveries; drivers are responsible for compliance, but the business must ensure carriers are DOT‑registered.

Annual Report (LLC)

North Dakota Secretary of State
Required
Fee: $50.00-$50.00
Renewal: annual
Type: registration

Due the 15th day of the fourth month after the end of the LLC’s fiscal year. Most LLCs use a calendar year, making the deadline April 15.

Food Service Establishment Permit Renewal

North Dakota Department of Health, Division of Public Health
Required
Fee: $100.00-$100.00
Renewal: annual
Type: license

Renewal must be submitted at least 30 days before expiration. Includes a required annual health inspection.

Annual Health Inspection

North Dakota Department of Health, Food Safety Program
Required
Renewal: annual
Type: permit

Inspections are scheduled by the health department; unannounced inspections may also occur.

Fire Department Annual Inspection

Local Fire Department (e.g., Bismarck Fire Department) – referenced by North Dakota Fire Marshal
Required
Fee: $0.00-$0.00
Renewal: annual
Type: permit

Restaurants must have a working fire suppression system and meet NFPA 96 standards.

North Dakota Corporate Income Tax Return (Form 20) – Partnership/LLC filing

North Dakota Department of Revenue
Required
Renewal: annual
Type: filing

LLC taxed as a partnership files Form 20. If the LLC elects corporate taxation, use Form 20‑C.

Estimated Corporate Income Tax Payments

North Dakota Department of Revenue
Required
Renewal: varies
Type: permit

Required if the expected tax liability for the year exceeds $500.

Sales and Use Tax Return (Monthly/Quarterly)

North Dakota Department of Revenue
May Apply
Renewal: varies
Type: filing

New restaurants typically file monthly during the first year.

State Withholding Tax (Employee Income Tax) – Quarterly Return

North Dakota Department of Revenue
May Apply
Renewal: varies
Type: filing

Must also remit the withheld amounts with the filing.

State Unemployment Insurance (SUI) Contributions – Quarterly Report

North Dakota Department of Labor and Human Rights
May Apply
Renewal: varies
Type: filing

Initial registration required within 30 days of first payroll.

Federal Employer Identification Number (EIN) – Annual Confirmation

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

No formal filing required each year, but the EIN must be kept current in all filings.

Federal Quarterly Payroll Tax Return (Form 941)

Internal Revenue Service (IRS)
May Apply
Renewal: varies
Type: filing

Must also remit the employer and employee portions of Social Security, Medicare, and federal income tax withholding.

Federal Annual Information Return (Form 1120‑S or 1065)

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

LLC taxed as partnership files Form 1065; if electing S‑corp status, file Form 1120‑S.

Federal Annual Wage and Tax Statement (Form W‑2) Distribution

Internal Revenue Service (IRS)
May Apply
Fee: $0.00-$0.00
Renewal: annual
Type: filing

Electronic filing required if >250 forms.

North Dakota Labor Law Posters

North Dakota Department of Labor and Human Rights
Required
Renewal: one time
Type: permit

Must be posted in a conspicuous place where employees can read them.

Federal Labor Law Posters (FLSA, OSHA, EEOC, etc.)

U.S. Department of Labor
Required
Fee: $5.00-$5.00
Renewal: one time
Type: permit

Includes FLSA Minimum Wage, OSHA Safety and Health, EEOC Equal Employment Opportunity, etc.

Record Retention – Tax Records

Internal Revenue Service (IRS)
Required
Renewal: one time
Type: permit

Includes sales tax returns, payroll records, and income tax returns.

Record Retention – Employment Records

North Dakota Department of Labor and Human Rights
May Apply
Renewal: one time
Type: permit

Includes timecards, wage statements, I‑9 forms, and workers’ compensation reports.

OSHA Recordkeeping (Form 300 Log) – Annual Summary

Occupational Safety and Health Administration (OSHA)
May Apply
Renewal: annual
Type: permit

Form 300A must be posted in the workplace from February 1 through April 30.

Local Business License Renewal (City of Bismarck – Example)

City of Bismarck, North Dakota – Business Licensing Division
May Apply
Fee: $50.00-$50.00
Renewal: annual
Type: license

Renewal includes a review of zoning compliance and fire safety clearance.

Alcoholic Beverage License Renewal (if applicable)

North Dakota Alcoholic Beverage Control (ABC)
May Apply
Fee: $300.00-$300.00
Renewal: annual
Type: license

Requires submission of a renewal application, proof of continued compliance, and payment of fees.

Step-by-Step Compliance Guide

  1. First, obtain an Employer Identification Number (EIN) from the Internal Revenue Service, which is free of charge.
  2. Next, register for Federal Income Tax with the IRS, as this is a requirement for operating a restaurant.
  3. Ensure your restaurant complies with the Americans with Disabilities Act (ADA) standards, with potential costs ranging from $200 to $5000.
  4. File for Federal Income and Self-Employment Tax with the IRS, as this is required for your LLC structure; fees vary.
  5. Comply with Federal Trade Commission (FTC) regulations regarding truth-in-advertising and menu labeling to avoid penalties.
  6. Maintain thorough recordkeeping for tax purposes, as required by the IRS, to facilitate accurate filings.
  7. Address Federal Income Tax Filing as an LLC, which may require annual filings with the IRS.
  8. Ensure ongoing compliance with FTC advertising and consumer protection rules, which are essential for ethical business practices.

Common Mistakes to Avoid

  • Assuming ADA compliance is a one-time fix; ongoing accessibility assessments are often needed.
  • Ignoring the need to file Federal Income and Self-Employment Tax annually, even if income is low.
  • Failing to keep accurate records of all financial transactions for tax purposes.
  • Believing that a single FTC compliance check is sufficient; regulations can change.
  • Overlooking the requirement for an EIN even if you don't plan to hire employees immediately.

Frequently Asked Questions

What is the cost of ADA compliance for my restaurant in Grand Forks?

ADA compliance costs can vary significantly, ranging from $200 to $5000 depending on the necessary modifications to your restaurant to ensure accessibility for individuals with disabilities. The Department of Justice enforces these regulations.

How often do I need to file Federal Income Tax as an LLC?

Generally, you'll need to file Federal Income Tax annually with the IRS, even if your restaurant experiences a loss. The IRS provides various filing options based on your LLC's structure and income.

What does FTC compliance entail for a restaurant?

FTC compliance for restaurants primarily involves truthful advertising and accurate menu labeling. This means ensuring your menu descriptions accurately reflect the food you serve and avoiding misleading claims about ingredients or health benefits.

Is there a fee to obtain an EIN from the IRS?

No, obtaining an Employer Identification Number (EIN) from the IRS is completely free. You can apply for an EIN online through the IRS website.

What kind of records should I keep for tax purposes?

You should maintain detailed 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.

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