Catering Permits & Licenses in Huntington, WV

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

Certificate of Organization (LLC Formation)

West Virginia Secretary of State - Business & Licensing Division
Required
Fee: $100.00-$100.00
Renewal: one time
Type: registration

Required for all LLCs. Online filing available via Business Organization and Registration System (BORS). Annual report required separately.

Annual Report

West Virginia Secretary of State
Required
Fee: $25.00-$25.00
Renewal: annual
Type: registration

Required for all active LLCs to maintain good standing.

Assumed Name Registration (DBA)

West Virginia Secretary of State - Business & Licensing Division
May Apply
Fee: $25.00-$25.00
Renewal: one time
Type: registration

Renewal required every 10 years for $25. Not required if using exact legal name.

Retail Food Establishment License

West Virginia Department of Health and Human Resources - Office of Environmental Health Services
Required
Fee: $150.00-$150.00
Renewal: annual
Type: license

Required for all catering operations preparing/serving food to the public. Plan review ($200+) required for new/renovated facilities. Inspected under WV Food Service Sanitation Code.

Mobile Food Unit Permit (if operating from vehicle)

West Virginia Department of Health and Human Resources - Office of Environmental Health Services
May Apply
Fee: $300.00-$300.00
Renewal: annual
Type: permit

Caterers using food trucks or mobile kitchens need this in addition to retail food license. Commissary agreement required.

Food Handler Training (ServSafe or equivalent)

West Virginia Department of Health and Human Resources
May Apply
Fee: $15.00-$15.00
Renewal: one time
Type: permit

At least one Certified Food Protection Manager (CFPM) required on-site during operations. ANSI-accredited programs accepted.

West Virginia Business Registration Certificate (Tax Registration)

West Virginia State Tax Department
May Apply
Renewal: one time
Type: registration

Register for Consumers Sales and Service Tax (6% state + local) and withholding if employees. Renewals automatic with tax filings.

West Virginia Sales Tax Permit (Prepared Food & Catering Services)

West Virginia State Tax Department (Department of Revenue)
May Apply
Renewal: one time
Type: registration

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West Virginia Corporate Net Income Tax Registration (LLC taxed as corporation)

West Virginia State Tax Department (Department of Revenue)
May Apply
Renewal: one time
Type: registration

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West Virginia Personal Income Tax Registration (LLC members)

West Virginia State Tax Department (Department of Revenue)
May Apply
Renewal: one time
Type: registration

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West Virginia Employer Withholding Tax Registration

West Virginia Department of Revenue – Tax Division
May Apply
Renewal: one time
Type: registration

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West Virginia Unemployment Insurance (UI) Tax Registration

West Virginia Division of Labor – Unemployment Compensation
May Apply
Renewal: one time
Type: registration

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West Virginia Franchise Tax / Gross Receipts Tax

West Virginia State Tax Department (Department of Revenue)
Required
Renewal: one time
Type: permit

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West Virginia Prepared Food Sales Tax (Industry‑Specific)

West Virginia State Tax Department (Department of Revenue)
May Apply
Renewal: one time
Type: filing

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Local Business License / Privilege Tax (City of Charleston example)

City of Charleston, West Virginia – Business License Division
May Apply
Fee: $50.00-$50.00
Renewal: annual
Type: license

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County Business License – Kanawha County (example)

Kanawha County, West Virginia – Tax & Finance Department
May Apply
Fee: $25.00-$25.00
Renewal: annual
Type: license

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County Business and Occupation (B&O) Tax Registration

West Virginia State Tax Department
Required
Fee: $30.00-$30.00
Renewal: one time
Type: registration

All businesses operating in a West Virginia county must register for B&O tax with the county sheriff's office or assessor; catering is subject as a service/food business. Specific county rates set locally (e.g., Kanawha County rates at https://www.kanawha.us/259/Tax-Division).

City Business License

City of Huntington Finance Department (example; varies by city)
May Apply
Fee: $25.00-$100.00
Renewal: annual
Type: license

Required in most WV cities for any business; check specific city clerk. Not all counties require separate county license beyond B&O. No statewide municipal list; must verify by location.

Zoning Compliance / Home Occupation Permit

County or City Planning & Zoning Department
May Apply
Fee: $50.00-$250.00
Renewal: one time
Type: permit

Must comply with local zoning ordinances (e.g., Kanawha County Zoning Ordinance Sec. 1101 at https://kanawha.us/DocumentCenter/View/1234/Zoning-Ordinance-PDF). Contact county planner for certificate of compliance.

Health Department Food Service Permit

Local Health Department / WV Bureau for Public Health
Required
Fee: $150.00-$350.00
Renewal: annual
Type: license

Required for all food preparation/serving including mobile catering; governed by WV Food Code enforced locally. List of 55 local health departments at https://oeps.wv.gov/public-health/food-safety/Pages/Food-Safety.aspx.

Fire Department Inspection / Operating Permit

Local Fire Marshal (e.g., WV State Fire Marshal for state aid cities)
May Apply
Fee: $50.00-$150.00
Renewal: annual
Type: permit

Required for facilities with cooking equipment; life safety code compliance (NFPA 1/101). Contact local fire dept.

Building Permit for Modifications

Local County/City Building and Codes Department
May Apply
Fee: $0.50-$1.00
Renewal: one time
Type: permit

Enforced under WV Uniform Building Code; specific to property location.

Certificate of Occupancy

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

Issued after zoning, building, fire inspections pass.

Alarm System Permit

Local Police or Fire Department
May Apply
Fee: $25.00-$50.00
Renewal: annual
Type: permit

Common in commercial food ops; specifics by city/county.

Sign Permit

City or County Planning Department
May Apply
Fee: $25.00-$100.00
Renewal: one time
Type: permit

Governed by zoning ordinance sign regulations.

Temporary Event / Vendor Permit

Local Health Department + Event Organizer
May Apply
Fee: $50.00-$150.00
Renewal: one time
Type: permit

Required for off-site food service; health dept approval mandatory.

Workers' Compensation Insurance

West Virginia Workers' Compensation Commission
May Apply
Renewal: one time
Type: certificate

Sole proprietors with no employees are exempt. Coverage is required for all employees, even if they are paid on a per‑event basis.

Commercial Auto Liability Insurance

West Virginia Division of Motor Vehicles (DMV)
May Apply
Fee: $1000.00-$1000.00
Renewal: one time
Type: certificate

West Virginia minimum liability limits are $25,000 per person, $50,000 per accident for bodily injury, and $10,000 for property damage.

Liquor Liability Insurance

West Virginia Alcohol Beverage Control Administration
May Apply
Fee: $1.00-$1.00
Renewal: one time
Type: certificate

The ABCA also requires a $1 million general liability policy that includes liquor‑related coverage.

Food Service Permit Bond (Surety Bond)

West Virginia Department of Health and Human Resources (DHHR) – Division of Food Service
May Apply
Fee: $5000.00-$5000.00
Renewal: one time
Type: certificate

The bond protects the state and the public against violations of health codes; it is not a substitute for liability insurance.

General Liability Insurance (Recommended)

West Virginia Division of Labor – Office of the State Electrical Inspector
May Apply
Fee: $500.00-$500.00
Renewal: one time
Type: certificate

While not mandated by West Virginia law, general liability is strongly recommended to protect against bodily injury and property damage claims.

Professional Liability / Errors & Omissions Insurance (Recommended)

West Virginia Division of Labor – Office of the State Electrical Inspector
May Apply
Fee: $300.00-$300.00
Renewal: one time
Type: certificate

Not required by West Virginia law, but may be required by certain corporate clients or event contracts.

Product Liability Insurance (Recommended)

N/A (Industry best practice; no state mandate)
May Apply
Fee: $400.00-$1000.00
Renewal: one time
Type: certificate

West Virginia does not require a separate product liability policy, but it is advisable for businesses that sell food off‑premises.

Employer Identification Number (EIN)

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

All LLCs, even single‑member, must have an EIN if they have employees, open a bank account, or file any federal tax return.

Federal Income Tax Filing – LLC Classification

Internal Revenue Service (IRS)
May Apply
Fee: $200.00-$200.00
Renewal: annual
Type: filing

Default classification: multi‑member LLC files Form 1065; single‑member LLC files Schedule C unless it elects to be taxed as a corporation (Form 8832).

OSHA General Industry Safety Standards (incl. sanitation & bloodborne pathogens)

Occupational Safety and Health Administration
May Apply
Fee: $100.00-$100.00
Renewal: one time
Type: permit

Key standards include 1910.141 (Sanitation), 1910.1030 (Bloodborne Pathogens), and machine guarding for kitchen equipment.

Americans with Disabilities Act (ADA) – Title III Public Accommodations

U.S. Department of Justice, Civil Rights Division
May Apply
Renewal: one time
Type: permit

Requirements include accessible entrances, seating, restrooms, and website accessibility (WCAG 2.0 AA level recommended).

EPA Resource Conservation and Recovery Act (RCRA) – Hazardous Waste Management

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

Used cooking oil is considered a hazardous waste if it is contaminated with food residues; proper storage, labeling, and disposal are required.

EPA Grease Waste Management (U.S. EPA Grease Management)

Environmental Protection Agency
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: permit

EPA encourages use of certified grease traps and regular removal by licensed haulers.

Federal Trade Commission (FTC) – Truthful Advertising & Endorsements

Federal Trade Commission
Required
Renewal: one time
Type: permit

All claims about food safety, organic status, pricing, or health benefits must be substantiated.

Fair Labor Standards Act (FLSA) – Minimum Wage, Overtime, Recordkeeping

U.S. Department of Labor
May Apply
Renewal: one time
Type: permit

Current federal minimum wage is $7.25/hr; overtime at 1.5× for hours >40 per week.

Form I‑9 Employment Eligibility Verification

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

Employers must retain I‑9 forms for 3 years after hire or 1 year after termination, whichever is later.

FDA Food Facility Registration (FSMA)

Food and Drug Administration
May Apply
Renewal: annual
Type: registration

Catering operations that only serve food at a single event may be exempt, but many caterers also provide packaged meals for delivery, triggering registration.

FDA Food Safety Modernization Act (FSMA) – Preventive Controls for Human Food

Food and Drug Administration
May Apply
Fee: $1000.00-$1000.00
Renewal: annual
Type: permit

Small businesses below the $500k threshold may be exempt, but must still follow basic sanitary practices.

Transportation of Food – FMCSA Registration & Safety Requirements

Federal Motor Carrier Safety Administration
May Apply
Fee: $300.00-$300.00
Renewal: one time
Type: registration

Even small delivery vans may require a USDOT number if used for interstate commerce.

Alcohol Service – TTB Basic Permit (if manufacturing or wholesale distribution)

Alcohol and Tobacco Tax and Trade Bureau
May Apply
Fee: $150.00-$150.00
Renewal: one time
Type: permit

Serving alcohol at events is regulated by state liquor authorities; a federal TTB permit is only required for production or wholesale.

Federal Communications Commission (FCC) – Radio/TV Advertising Compliance

Federal Communications Commission
Required
Renewal: one time
Type: permit

Only relevant if the catering business purchases broadcast advertising; otherwise not applicable.

Annual Report (LLC)

West Virginia Secretary of State – Division of Business & Licensing
Required
Fee: $25.00-$25.00
Renewal: annual
Type: filing

Filing is done electronically via the Secretary of State portal. The filing also includes the Personal Property Tax Return.

Business & Occupation (B&O) Tax Return

West Virginia State Tax Department
Required
Renewal: annual
Type: permit

All businesses with gross receipts > $150,000 are required to file. Catering businesses typically exceed this threshold.

West Virginia Corporate Income Tax (if elected C‑corp)

West Virginia State Tax Department
May Apply
Renewal: annual
Type: permit

If the LLC is taxed as a partnership or disregarded entity, this requirement does not apply.

West Virginia Sales & Use Tax Returns (Prepared Food Sales)

West Virginia State Tax Department
May Apply
Renewal: one time
Type: permit

Registration required if annual taxable sales exceed $10,000. Frequency may be quarterly for low‑volume sellers.

Unemployment Insurance Quarterly Contributions

West Virginia Department of Labor – Unemployment Insurance Division
May Apply
Renewal: varies
Type: permit

Electronic filing via WV UI portal is required.

Workers’ Compensation Insurance Annual Report

West Virginia Workers’ Compensation Insurance Program
May Apply
Fee: $0.00-$0.00
Renewal: annual
Type: filing

Report includes payroll and experience rating data.

Food Service Establishment Permit (Catering)

West Virginia Department of Health & Human Resources – Division of Environmental Health
Required
Fee: $100.00-$100.00
Renewal: annual
Type: permit

Catering operations that prepare food for off‑site events are classified as “Catering” under WV food‑service licensing.

Health Inspection (Food Service)

West Virginia Department of Health & Human Resources – Environmental Health
Required
Renewal: one time
Type: permit

Inspection reports must be posted for employee reference.

Fire Safety Inspection (Commercial Kitchen)

West Virginia Office of the State Fire Marshal
Required
Fee: $0.00-$0.00
Renewal: one time
Type: permit

Inspection covers fire suppression systems, hood cleaning, and egress.

Certified Food Manager (CFM) Renewal

West Virginia Department of Health & Human Resources
May Apply
Fee: $100.00-$100.00
Renewal: one time
Type: permit

One staff member must hold a valid CFM at all times.

Federal Labor Law Posters

U.S. Department of Labor
May Apply
Fee: $25.00-$25.00
Renewal: one time
Type: permit

Includes FLSA, Minimum Wage, OSHA, EEOC, etc.

West Virginia Labor Law Posters

West Virginia Department of Labor
May Apply
Fee: $10.00-$10.00
Renewal: annual
Type: permit

Includes WV Minimum Wage, Workers’ Compensation, Unemployment Insurance, etc.

Record Retention (Tax & Employment)

West Virginia State Tax Department & West Virginia Department of Labor
Required
Renewal: one time
Type: permit

Include sales tax returns, B&O returns, payroll records, UI reports, workers’ comp reports, and health inspection reports.

Annual Personal Property Tax Return (part of Annual Report)

West Virginia State Tax Department – Personal Property Tax Division
Required
Renewal: annual
Type: permit

All businesses owning personal property (equipment, furniture, etc.) must file.

Step-by-Step Compliance Guide

  1. Register your catering business with the West Virginia Secretary of State, with fees for an annual report being $25.00.
  2. Obtain a County Business and Occupation (B&O) Tax Registration from the West Virginia State Tax Department for a one-time fee of $30.00.
  3. Secure a Food Service Establishment Permit (Catering) from the West Virginia Department of Health & Human Resources – Division of Environmental Health, costing $100.00 annually.
  4. Ensure compliance with Federal Trade Commission (FTC) regulations regarding advertising and consumer protection, which has no initial fee.
  5. Obtain an Employer Identification Number (EIN) from the Internal Revenue Service, which may have associated fees.
  6. Comply with record-keeping retention requirements for financial, tax, and payroll records as mandated by the IRS and the West Virginia Department of Taxes.
  7. Maintain a Retail Food Establishment License through the West Virginia Department of Health and Human Resources - Office of Environmental Health Services, with annual fees of $150.00.
  8. Fulfill obligations for West Virginia Franchise Tax / Gross Receipts Tax with the West Virginia State Tax Department, which may vary in cost.

Common Mistakes to Avoid

  • Forgetting to register with the West Virginia Secretary of State can lead to penalties and legal issues.
  • Failing to obtain a Food Service Establishment Permit can result in immediate closure of your catering operation.
  • Ignoring FTC advertising compliance can lead to significant fines and legal action.
  • Not obtaining an EIN when you have employees can result in IRS penalties.
  • Incorrectly classifying workers as independent contractors instead of employees can lead to tax liabilities.

Frequently Asked Questions

What is the cost of the Health Department Food Service Permit?

The Health Department Food Service Permit in Huntington, WV, typically ranges from $150.00 to $350.00, and it requires annual renewal to maintain compliance.

How often do I need to renew the Annual Report with the West Virginia Secretary of State?

The Annual Report with the West Virginia Secretary of State must be renewed annually, and the fee for renewal is $25.00.

Is a Fire Safety Inspection required for a commercial kitchen used for catering?

Yes, a Fire Safety Inspection from the West Virginia Office of the State Fire Marshal is required, though there is no fee associated with the initial inspection.

What is the purpose of the County Business and Occupation (B&O) Tax Registration?

The B&O Tax Registration with the West Virginia State Tax Department is required to report and pay taxes on your business's gross receipts, and the initial fee is $30.00.

What does the FTC advertising compliance entail?

Federal Trade Commission (FTC) advertising compliance ensures your marketing materials are truthful and not deceptive; several FTC requirements apply to catering businesses, and some have associated fees.

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