Complete guide to permits and licenses required to start a restaurant in Memphis, TN. Fees, renewal cycles, and agency contacts.
Required for all restaurants preparing/serving food; plan review ($300+) required pre-opening
Issued by county health department after passing inspection; state standards enforced locally
Must register in each county of operation; expires 15 years or upon cancellation
Restaurants collect 7% state sales tax (+local); monthly/quarterly filing based on revenue
Issued by city/county; state sets classifications/rates; all businesses except certain exemptions
Required for all LLC formation; annual report separate requirement below
Local beer board approval required first; separate liquor license ($5,000+) if applicable
Required for all businesses; restaurant-specific NAICS code 7225 used for fee calculation
Requires pre-opening inspection and certified food manager on staff
Must verify commercial zoning allows 'Restaurant, General' use
Type 1 hood suppression system required for cooking
Includes mechanical, plumbing, electrical sub-permits
Max size/distance from street per zoning district
Separate plan review fee $250
Privilege license required for all businesses
Required for all LLCs, especially if the business has employees or files employment, excise, or alcohol tax returns. Even single-member LLCs without employees may need an EIN for banking or vendor purposes.
A domestic LLC with at least two members is classified as a partnership for federal income tax purposes unless it files Form 8832 to elect otherwise. A single-member LLC is treated as a disregarded entity unless it elects corporate taxation. Profits are passed through to owners' personal tax returns unless taxed as a corporation.
Restaurants must comply with general industry standards including hazard communication, emergency exits, sanitation, and injury reporting. Employers must display the OSHA Job Safety and Health poster (OSHA Form 2203). Injury and illness records (OSHA Form 300) required for businesses with 11+ employees.
Applies to all LLCs; filed online via SOSDirect
Restaurants are considered public accommodations under ADA Title III. Must ensure physical accessibility (e.g., entrances, restrooms, seating), accessible menus, and service policies for customers with disabilities. New construction or alterations must comply with ADA Standards for Accessible Design.
Restaurants must comply with the Clean Water Act by properly managing grease, oils, and food waste. Must install and maintain grease traps/interceptors to prevent blockages and contamination. Subject to inspection by EPA or local municipality under NPDES permits.
Restaurants must ensure truth in advertising (e.g., menu descriptions, promotions, health claims). Misrepresenting ingredients, portion sizes, or pricing may violate FTC Act Section 5. Also applies to online reviews and influencer marketing.
Applies to all restaurants with employees. Requires payment of federal minimum wage ($7.25/hour), overtime pay (1.5x regular rate for hours over 40/week), proper tip credit compliance (if using tip credit), and accurate recordkeeping. Youth employment restrictions apply.
Requires eligible employees (12 months, 1,250 hours) to be granted up to 12 weeks of unpaid, job-protected leave for qualifying medical or family reasons. Applies only to covered employers meeting employee threshold.
All employers must complete Form I-9 for each employee to verify identity and work authorization. E-Verify is not federally required for restaurants unless state law mandates it.
While the FDA Food Code is not federal law, it is adopted by Tennessee and most states into enforceable regulations. Covers food handling, employee hygiene, temperature control, cross-contamination prevention, and allergen management. Required for all restaurants.
Requires display of calorie information on menus and menu boards, a statement about daily caloric intake, and availability of written nutrition information upon request. Applies only to chain restaurants with 20+ locations nationwide.
Restaurants selling alcohol must register with TTB and may be required to file federal excise tax returns. While Tennessee handles alcohol licensing at the state level, federal registration is still required under the Alcohol Beverage Tax Act.
The Americans with Disabilities Act (ADA) ensures equal access for individuals with disabilities; your Memphis restaurant must comply to avoid potential lawsuits and ensure inclusivity, with costs potentially ranging from $200.00 to $5000.00.
The Federal Trade Commission (FTC) regulates advertising and consumer protection, meaning your restaurant must accurately represent its menu items and pricing, and avoid deceptive practices; fees vary.
Federal Income Tax Filing for an LLC is generally required annually, but you may also need to make estimated tax payments quarterly depending on your income; the fee varies.
Yes, an EIN is required from the IRS even if you don't have any employees; it's essentially your business's tax ID number, and the fee is $0.00.
You should keep records of all income and expenses, including receipts, invoices, and bank statements, as required by the IRS for accurate tax reporting; fees vary.
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