Restaurant Permits & Licenses in West Fargo, ND

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.

Ongoing requirement for all active LLCs. Online filing available.

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

Required for all new/modified food establishments.

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

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

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

For off-site food service.

|

|

|

|

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

Must register with central station; annual inspection $50.

Submit menu, floor plans, equipment specs.

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.

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

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.

|

|

|

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

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

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

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

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

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

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

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

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

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

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

Also requires registration for State unemployment tax separately.

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

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

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

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

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

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

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

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

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

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.

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

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.

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

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

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

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

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

New restaurants typically file monthly during the first year.

Must also remit the withheld amounts with the filing.

Initial registration required within 30 days of first payroll.

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

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

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

Electronic filing required if >250 forms.

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

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

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

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

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

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

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