Catering Permits & Licenses in Memphis, TN

Complete guide to permits and licenses required to start a catering in Memphis, TN. Fees, renewal cycles, and agency contacts.

LLC Registration (Articles of Organization)

Tennessee Secretary of State - Business Services Division
Required
Fee: $300.00-$300.00
Renewal: one time
Type: registration

Required for all LLCs. Online filing available via SOSDirect. Annual Report required separately (see below).

LLC Annual Report

Tennessee Secretary of State - Business Services Division
Required
Fee: $300.00-$3300.00
Renewal: annual
Type: registration

Applies to all LLCs. Filing maintains good standing.

Assumed Name (DBA) Registration

Tennessee Secretary of State - Business Services Division
May Apply
Fee: $20.00-$20.00
Renewal: one time
Type: registration

Required if using a trade name/DBA. Valid for 4 years. Renew online.

Retail Food Store Permit

Tennessee Department of Agriculture - Consumer and Industry Services
May Apply
Fee: $200.00-$200.00
Renewal: annual
Type: license

Required for catering businesses with a commissary or base of operations. Plans review required pre-opening ($200+ fee).

Mobile Food Unit Permit (if applicable)

Tennessee Department of Agriculture - Consumer and Industry Services
May Apply
Fee: $180.00-$180.00
Renewal: annual
Type: license

Specific to mobile catering. Must base at permitted commissary. Vehicle inspection required.

Food Handler Training

Tennessee Department of Agriculture - Consumer and Industry Services
May Apply
Fee: $15.00-$15.00
Renewal: one time
Type: permit

ANSI-accredited training required. Card valid 5 years. Manager-level certification (e.g., ServSafe) recommended but not mandated at state level.

Seller's Use Tax Registration (Sales Tax Permit)

Tennessee Department of Revenue - Business Tax Division
May Apply
Renewal: one time
Type: registration

Local business tax may also apply via county/municipal government (varies; research specific location). State sales tax rate 7%.

Building Permit for Kitchen/Remodel

Metropolitan Codes Department (Nashville)
May Apply
Fee: $0.50-$0.50
Renewal: one time
Type: permit

Required for any structural/electrical/plumbing changes (Metro Code Sec. 16.16). County building depts handle unincorporated areas.

Occupancy Certificate

Local Building Official
May Apply
Renewal: one time
Type: permit

Verifies compliance with building/fire codes post-inspection. Universal local requirement.

Home Occupation Permit

Local Zoning Board
May Apply
Fee: $50.00-$200.00
Renewal: one time
Type: permit

Restricts signage, traffic, odors (e.g., Chattanooga Code Sec. 38-425). Not allowed in all zones.

Workers' Compensation Insurance

Tennessee Department of Labor and Workforce Development
May Apply
Fee: $1500.00-$5000.00
Renewal: one time
Type: certificate

Tennessee law requires workers' compensation coverage for employers with 5 or more employees. However, employers in the construction industry must carry coverage regardless of number of employees. Catering businesses classified under "accommodation and food services" typically require coverage once 5+ employees are hired. Sole proprietors with no employees are not required to carry coverage for themselves but may elect to do so.

General Liability Insurance

Tennessee Secretary of State – Business Services
Required
Fee: $500.00-$1200.00
Renewal: one time
Type: certificate

General liability insurance is not mandated by Tennessee state law for all businesses. However, it is strongly recommended and often contractually required by event venues, municipalities, or clients. It covers third-party bodily injury, property damage, and related legal costs. While not a statutory requirement, failure to carry it increases financial risk significantly.

Commercial Auto Insurance

Tennessee Department of Safety and Homeland Security
May Apply
Fee: $1200.00-$2500.00
Renewal: one time
Type: certificate

Tennessee law requires all motor vehicles registered in the state to have liability insurance meeting minimum limits: $25,000 bodily injury per person, $50,000 per accident, and $15,000 for property damage (25/50/15). This applies if the catering business owns or operates vehicles for transporting food, equipment, or staff.

Bedding and Materials Registration (if using linens)

Tennessee Department of Agriculture - Consumer and Industry Services
May Apply
Fee: $50.00-$50.00
Renewal: annual
Type: registration

Applies if catering provides sanitized linens.

Tennessee Sales and Use Tax Permit

Tennessee Department of Revenue
May Apply
Renewal: one time
Type: registration

Catering businesses selling prepared food are required to collect and remit sales tax. Registration is done via the Tennessee Taxpayer Access Point (TNTAP).

Tennessee Franchise and Excise Tax Registration

Tennessee Department of Revenue
May Apply
Fee: $100.00-$100.00
Renewal: one time
Type: registration

All Tennessee-based LLCs must register for the franchise and excise tax, even if below the minimum threshold. The excise tax is 6.5% of net earnings; franchise tax applies if net worth exceeds $10,000.

Employer Withholding Tax Registration

Tennessee Department of Revenue - Taxation Division
May Apply
Renewal: one time
Type: registration

Required if the business has W-2 employees. Employers must withhold Tennessee income tax from employee wages and remit it to the state. Registration via TNTAP.

Tennessee Unemployment Insurance Tax (UI)

Tennessee Department of Labor and Workforce Development
May Apply
Fee: $7000.00-$7000.00
Renewal: one time
Type: registration

Employers with employees must register with the Tennessee Department of Labor. New employers are assigned a standard rate until experience rating is established.

Local Business Privilege Tax (e.g., Metropolitan Business Tax in Nashville)

Local jurisdiction (e.g., Metropolitan Government of Nashville and Davidson County)
May Apply
Fee: $2.25-$2.25
Renewal: one time
Type: registration

Many Tennessee cities and counties impose a local business privilege tax. For example, Nashville requires a Business Tax Certificate. Check local government websites for specific requirements.

Tennessee Food Tax (Prepared Food Sales)

Tennessee Department of Revenue
May Apply
Renewal: one time
Type: permit

Catering services are considered retail sales of prepared food and are subject to Tennessee sales tax. Local rates vary; total rate depends on county and city.

Food Service Establishment Permit

Metro Public Health Department (Nashville)
May Apply
Fee: $550.00-$550.00
Renewal: annual
Type: permit

Required for all catering operations, including home kitchens and mobile units. Issued by local county health departments. Must comply with TN Food Code.

County Business License

Tennessee Department of Revenue (via county assessor sites)
May Apply
Fee: $15.00-$15.00
Renewal: annual
Type: license

All counties require a business license for profit-making activities; catering classified under retail/food service. Check specific county clerk for fee schedule (e.g., Davidson County: https://www.nashville.gov/departments/county-clerk/business-tax)

City Business License

City of [Specific City] (e.g., Nashville)
May Apply
Fee: $15.00-$15.00
Renewal: annual
Type: license

Required in all Tennessee municipalities; fees based on location and projected gross receipts. Memphis example: https://www.memphistn.gov/government/city-clerk/business-tax-licenses/

Zoning Compliance / Use Permit

Local Planning / Zoning Department (varies by city/county)
May Apply
Fee: $100.00-$500.00
Renewal: one time
Type: permit

Must verify property zoning allows food service/catering (e.g., CG zoning in Nashville Metro Code Sec. 17.08.030). County-specific; e.g., Shelby County: https://www.shelbycountytn.gov/457/Zoning

Health Department Permit (Food Service Establishment)

Tennessee Department of Health - Local Health Departments
Required
Fee: $200.00-$600.00
Renewal: annual
Type: permit

Required for all catering via county health dept (e.g., Metro Public Health in Nashville: https://www.nashville.gov/departments/health/food-service). Plan review for new kitchens mandatory.

Temporary Food Service Event Permit

Tennessee Department of Health
May Apply
Fee: $50.00-$50.00
Renewal: one time
Type: permit

Issued by local health dept for temporary operations >4 hours. Required even with base permit.

Fire Department Operating Permit

Nashville Fire Department
May Apply
Fee: $100.00-$300.00
Renewal: annual
Type: permit

Required for kitchens with hood systems (IFC Chapter 9). Similar in other cities (e.g., Knoxville: https://www.knoxvilletn.gov/fire_permits)

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 up to 12 weeks of unpaid, job-protected leave per year for qualifying medical or family reasons. Posting notice and managing leave requests required.

Product Liability Insurance

Tennessee Department of Commerce and Insurance
Required
Fee: $1000.00-$3000.00
Renewal: one time
Type: certificate

Product liability insurance is not legally required by federal or Tennessee law, but it is critically recommended for food businesses. Caterers face significant risk from foodborne illness claims. While not mandated, absence of coverage exposes owners to full liability in lawsuits. FDA regulates food safety practices but does not require insurance.

Liquor Liability Insurance

Tennessee Alcoholic Beverage Commission
May Apply
Renewal: one time
Type: certificate

Tennessee law does not explicitly mandate liquor liability insurance by statute, but the TABC strongly requires proof of such coverage as a condition of obtaining or maintaining a liquor license (e.g., Caterer's Temporary Permit). Most caterers serving alcohol must provide a certificate of insurance with $1M+ coverage for alcohol-related incidents. This is enforced through licensing conditions.

Surety Bond (Caterer’s License Bond – if applicable)

Tennessee Department of Revenue
May Apply
Fee: $100.00-$500.00
Renewal: one time
Type: certificate

Tennessee does not require a general business license bond for caterers. However, the Department of Revenue may require a surety bond (often $1,000–$10,000) as a condition for issuing a sales tax certificate of registration, particularly if the business operates on a temporary or mobile basis. This bond guarantees payment of sales taxes owed. Most small caterers may qualify for a waiver based on credit history or prepayment.

Obtain an Employer Identification Number (EIN)

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

Single-member LLCs without employees may use the owner's Social Security Number, but obtaining an EIN is recommended for banking and vendor purposes. Required for all multi-member LLCs and those with employees.

Federal tax obligations for LLCs (income, self-employment, and employment taxes)

Internal Revenue Service (IRS)
May Apply
Fee: $160400.00-$160400.00
Renewal: one time
Type: filing

Multi-member LLCs are taxed as partnerships by default; single-member LLCs are disregarded entities unless elected otherwise. Catering income is subject to self-employment tax. Employment taxes (Form 941) required if employees are hired.

OSHA workplace safety compliance

Occupational Safety and Health Administration (OSHA)
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: permit

Requires maintaining a safe workplace, providing training (e.g., on handling hot equipment, slips/trips), posting OSHA poster (Form 2203), and recording work-related injuries (OSHA Form 300 if 11+ employees). Catering operations involving kitchens, transport, and event setups are subject to hazard-specific standards.

ADA Compliance for Public Accommodations

Department of Justice (DOJ)
May Apply
Renewal: one time
Type: permit

Applies to physical access at events (if business controls venue access), website accessibility (menus, booking), and communication with customers. Does not require full structural changes if "undue burden," but reasonable accommodations required.

FDA Food Code compliance for interstate transport and sale

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

While FDA does not directly license caterers, the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.) applies. Caterers must follow current good manufacturing practices (cGMPs), maintain food safety (time/temperature control), and prevent adulteration. Subject to FDA inspection if involved in interstate commerce.

Alcohol licensing for service/sale (if applicable)

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

Federal permit (TTB Form 5630.04) required for businesses that sell or serve alcohol in the course of trade or business. Tennessee also requires a state liquor license; federal permit is in addition to state requirements.

I-9 Employment Eligibility Verification

U.S. Citizenship and Immigration Services (DHS)
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: permit

All U.S. employers must verify identity and work authorization for employees using Form I-9. Applies to all employees, regardless of citizenship. E-Verify is not required federally unless in certain federal contracts or state-mandated.

FTC compliance with advertising and consumer protection laws

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

Prohibits deceptive or unsubstantiated claims in advertising (e.g., "organic," "locally sourced," "gourmet"). Applies to websites, social media, and promotional materials. Requires clear disclosure of material connections and pricing terms.

EPA regulations for waste disposal and refrigerants

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

Under Section 608 of the Clean Air Act, businesses servicing refrigeration equipment must follow EPA refrigerant handling rules. Most catering waste (food, packaging) is non-hazardous, but cleaning chemicals may require special disposal. Universal waste rules may apply to batteries or lamps.

Hazard Analysis and Critical Control Points (HACCP) plan

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

HACCP is mandatory for specific food categories under FDA regulation. Most general catering operations (e.g., preparing and serving meals) are not required to have a HACCP plan unless handling regulated food products. Routine food safety practices still required.

Tennessee Sales Tax Registration (Business Tax Permit)

Tennessee Department of Revenue (TNDOR)
Required
Renewal: one time
Type: permit

Catering services (prepared food) are generally taxable. Must collect and remit sales tax. Local rates vary.

Tennessee Workers’ Compensation Insurance

Tennessee Department of Labor & Workforce Development
May Apply
Fee: $0.50-$2.00
Renewal: annual
Type: certificate

Required for all employees, including part-time and family members. Exemptions for domestic servants.

Tennessee Health Department Food Permit

Tennessee Department of Health (Local Jurisdiction)
May Apply
Fee: $100.00-$500.00
Renewal: one time
Type: permit

Required for all catering operations, including mobile units and event-based services. Inspections may be unannounced.

TABC Caterer Permit (Alcohol Service)

Tennessee Alcoholic Beverage Commission (TABC)
May Apply
Fee: $50.00-$150.00
Renewal: one time
Type: license

Required even if alcohol is provided by a third party. Must be applied for per event or annually.

Fair Labor Standards Act (FLSA) compliance

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

Requires payment of federal minimum wage ($7.25/hr), overtime (1.5x regular rate after 40 hours/week), proper recordkeeping, and youth employment rules. Catering staff (kitchen, servers, drivers) are typically non-exempt.

Step-by-Step Compliance Guide

  1. First, obtain an Employer Identification Number (EIN) from the Internal Revenue Service (IRS), which is required for most businesses.
  2. Ensure your advertising and marketing materials comply with Federal Trade Commission (FTC) guidelines regarding truthful advertising and endorsements.
  3. Comply with FTC regulations for advertising and consumer protection, which includes clear and conspicuous disclosures.
  4. Register for Federal Income Tax, specifying your LLC tax classification with the IRS to ensure proper tax treatment.
  5. Understand your Federal Income and Self-Employment Tax Filing Obligations for LLCs, as these can be complex.
  6. Maintain thorough Record‑Keeping Retention for financial, tax, and payroll purposes as required by the IRS.
  7. If utilizing radio or television advertising, ensure compliance with the Federal Communications Commission (FCC) regulations.
  8. File an Annual BOI Report under the Corporate Transparency Act with the Financial Crimes Enforcement Network (FinCEN).

Common Mistakes to Avoid

  • Assuming all advertising rules are the same regardless of the medium used.
  • Failing to retain accurate financial records for the required period.
  • Ignoring the need for an EIN even if you don't plan to hire employees immediately.
  • Believing that a single FTC compliance check covers all advertising scenarios.
  • Overlooking the requirement to file estimated Federal Income Tax payments.

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. As a catering business, you'll likely need an EIN for tax purposes, even if you don't have employees.

Are there costs associated with FTC compliance?

Some FTC compliance requirements, like those related to truth-in-advertising and consumer protection, may have varying fees depending on the specific regulations and any potential legal counsel needed. Other FTC requirements, such as certain disclosure rules, have no associated fee.

How long should I keep my business records?

The IRS generally requires you to keep records that support your income or deductions for at least three years from when you filed your return. However, some records may need to be kept for longer periods depending on the specific type of record.

What does the Corporate Transparency Act require?

The Corporate Transparency Act requires many companies, including LLCs, to report beneficial ownership information to FinCEN. This helps prevent financial crimes by increasing transparency about who owns and controls companies.

What are the penalties for non-compliance with FTC regulations?

Penalties for violating FTC regulations can be substantial, potentially including civil penalties of thousands of dollars per violation. Repeated or intentional violations can lead to more severe consequences, so it’s important to stay compliant.

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