How to get every restaurant permit in Austin
Inside the City of Austin's full-purpose limits, the City runs nearly everything: Development Services (zoning, site plans, building and trade permits, Certificates of Occupancy, signs, outdoor music), Austin Public Health (food permits), the Austin Fire Department, Austin Water (grease, wastewater discharge, backflow, taps), Transportation & Public Works (sidewalk cafés), the Planning Department's Historic Preservation Office, and Austin Resource Recovery (recycling and organics rules). The State of Texas handles business formation (Secretary of State), sales tax (Comptroller), unemployment tax (TWC) and all alcohol licensing (TABC); Travis County and the City both certify TABC applications for addresses inside city limits. In the ETJ and unincorporated Travis County there is no City zoning or City building permit (DSD still does electrical and plumbing inspections in the ETJ), the Travis County Fire Marshal enforces the fire code, and Austin Public Health issues food permits under a separate, lower county fee schedule; other cities (e.g., Round Rock, Cedar Park, Pflugerville, Lakeway) run their own building and zoning, although APH still issues food permits for interlocal cities such as Bee Cave, Lakeway, Manor, Pflugerville, Rollingwood, Sunset Valley, Volente and West Lake Hills. Check the City's Jurisdictions Web Map before you sign a lease.
52 permits and licenses across 22 agencies, from business setup to opening day.
Answer a few questions about your space and get every permit in order, with a timeline, a cost range, walkthroughs, and every application filled in for you to sign with Open.
Start these early
- Confirm zoning (Restaurant General vs. Cocktail Lounge) and the existing CO before signing; a conditional use or rezoning takes months.
- Check the 300-ft alcohol distance rules now. A City Council waiver requires a public hearing.
- Confirm you qualify for a Site Plan Exemption. A full site plan typically takes 12–14 months.
- Post the TABC 60-day sign as soon as the lease is signed, because TABC can't issue until it has been up 60 days.
- Get the grease interceptor sized and approved by Austin Water early. Interceptors are a major cost, and you must not buy one before approval.
- On new construction, submit the engineered tap plan and pay Austin Water tap fees early, because no building permit issues until they're paid.
- Historic properties go to the monthly Historic Landmark Commission, and missing a filing deadline costs a month.
- Order gas service early: Texas Gas Service won't set a meter until the City gas inspection is released, and new service lines take weeks to months.
- If you want to serve past midnight, find out now whether a conditional use permit is required at your address — it adds a public hearing and months.
- Register projects of $50,000+ with TDLR before construction and get the RAS plan review done early, so accessibility fixes happen on paper, not after the build.
- Crossing 50 occupants triggers assembly-occupancy exits and possibly sprinklers — size the room with your architect before you sign the lease.
Key facts
- APH's Food Enterprise operating permit for City of Austin locations is $309 (under $50,000 sales), $618 ($50,000–$149,999.99) or $927 ($150,000+); the pre-opening inspection is $178 and plan review is $221–$312.
- A new APH fee schedule combining risk category and sales volume (Risk 1C $309 up to Risk 3A $927) takes effect November 1, 2026.
- Austin requires at least one Certified Food Manager on site during all hours of operation, and food handlers must be certified within 30 days of employment.
- Food establishments need two restrooms if seating exceeds 20 or alcohol is served.
- Every commercial food business in Austin needs an Austin Water-approved grease interceptor of at least 100 gallons; dishwashers require at least 500 gallons.
- Grease traps must be fully pumped at least every three months (sooner at 50% of wetted height), with Industrial Waste staff present and manifests kept three years.
- Austin prohibits alcohol sales within 300 ft of churches, public or private schools and public hospitals, and within 300 ft of daycare/child-care facilities without a Food and Beverage Certificate; City Council may waive after a public hearing.
- Only 'Restaurant (General)' may serve alcohol in Austin, and at least 51% of its gross income must come from prepared food; Cocktail Lounges are permitted only in CBD and conditional in several other districts.
- TABC requires the 60-day sign to be visible outdoors for 60 days before issuing MB, BG or BE permits at locations not licensed for on-premise consumption in the prior two years.
- TABC processes complete applications in about 30–35 days; for locations inside a city, both the city and the county must certify.
- The TABC Food and Beverage Certificate is available if alcohol sales are 60% or less of gross receipts OR the business is a 'restaurant' (permanent food service facility with commercial cooking equipment, multiple entrées); it exempts the holder from the conduct surety bond ($5,000, or $10,000 within 1,000 ft of a public school).
- AFD's annual Public Assembly permit is required for establishments with an occupancy of 50 or more whose gross sales are 51% alcohol.
All Austin restaurant permits
Questions owners ask
How do I know if my address is really in the City of Austin?
Check the City's Jurisdictions Web Map. Inside full-purpose city limits you deal with Austin DSD, APH, AFD and Austin Water; in the ETJ or unincorporated Travis County there's no City zoning or building permit, the Travis County Fire Marshal handles fire code, and APH issues food permits at county rates. Cities like Round Rock or Cedar Park have their own departments.
Can I serve alcohol in any restaurant zone?
Only a 'Restaurant (General)' may serve alcohol, and at least 51% of gross income must come from food. If you expect to be bar-first, you're a Cocktail Lounge, which is permitted only in CBD zoning and conditional in several districts.
Mixed Beverage Permit or Wine & Malt Beverage Retailer's Permit?
MB covers spirits, wine and beer (TABC's 9/1/21 two-year fee chart: $5,300 original). BG covers beer and wine only ($1,900). Most restaurants also add a Food & Beverage Certificate ($1,100), which waives the conduct bond. Confirm current fees in AIMS.
How long does TABC take?
About 30–35 days after a complete application, but if the location wasn't licensed for on-premise drinking in the last two years you also need the 60-day sign to have been up for 60 days. Plan on 2–4 months from lease signing.
Do I need a full site plan?
Usually not for an interior restaurant build-out — most qualify for a Site Plan Exemption (check with the City's Site Plan Application Interactive Tool; DSD publishes no fixed exemption timeline). New construction or significant site work needs a full site plan, which typically takes 12–14 months.
The space was a shop. Do I need a new Certificate of Occupancy?
Yes. Turning retail or office space into a restaurant is a change of use that needs a new CO. Since Oct. 1, 2025 the change-of-use review takes about two weeks if no construction is involved.
What does the health permit cost?
For City of Austin locations: plan review $221–$312 and pre-opening inspection $178. The annual operating permit is currently $309, $618 or $927 by gross annual sales; from Nov. 1, 2026 it also depends on your risk category (e.g., $150k+ in sales: $541 Risk 1, $879 Risk 2, $927 Risk 3; under $50k: $309 for all). Unincorporated Travis County is $250–$300.
Do I need AFD's Public Assembly permit?
Only if your occupancy is 50 or more and 51% or more of gross sales are alcohol. Food-first restaurants don't need it, though 50+ occupants still makes you an assembly occupancy for building and fire code design.
What size grease trap do I need?
Austin Water sets it in your Industrial Waste approval letter based on fixture units. The minimum is 100 gallons, and 500 gallons if you have a dishwasher. Don't buy one before you get the letter.
Can I play music on my patio?
Outdoor amplified sound needs an Outdoor Music Venue permit, renewed yearly. Restaurants are capped at 70 dBA, hours are limited by area, and permits can't be issued within 100 ft of residentially zoned and used property.
Is my general contractor licensed?
Texas doesn't license general contractors, so check that your GC is registered with the City of Austin, and verify trade contractors with TDLR (electricians, A/C) and TSBPE (plumbers).
Do I need a permit for live music or a DJ inside?
No City license exists for indoor entertainment. Keep sound inside (Chapter 9-2 noise rules), make sure the CO and occupant load cover a stage or dance floor, and if alcohol is 51%+ of sales with 50+ occupants get AFD's Public Assembly permit — and you'd be zoned as a Cocktail Lounge. Any outdoor speakers need the Outdoor Music Venue permit. License the songs with BMI/ASCAP/SESAC/GMR.
My restaurant will hold more than 50 people but we don't serve much alcohol. Do we need anything special?
No separate permit, but 50+ occupants makes you an A-2 assembly occupancy: the CO must show it, you need two exits, panic hardware, exit signs/emergency lighting, and sprinklers generally at 100+ occupants or over 5,000 sq ft. AFD's annual Public Assembly permit only applies if alcohol is 51% of sales.
Beer and wine only — which TABC permit and what does it cost?
The Wine and Malt Beverage Retailer's Permit (BG): $1,900 for two years on TABC's 2021 chart plus a local fee of up to $175 in Travis County. No newspaper notice; the 60-day sign applies if the site wasn't licensed in the past two years. Add the Food & Beverage Certificate ($1,100) to skip the $5,000 bond. You pay only regular sales tax on drinks — no mixed beverage taxes.
Can I stay open and serve until 2 a.m.?
Only with TABC's Late Hours Certificate ($1,100 / 2 years) on your MB or BG. Austin has required a conditional use permit for a 'late hours permit use' in at least some districts (Planning Commission case SPC-2025-0177A, 2026), so ask DSD Land Use Assistance before you sign. Reduced drink prices after 11 p.m. are illegal statewide.
Do I need a special license for soft-serve or house-made ice cream?
No. Texas exempts 'frozen desserts retail establishments' (including restaurants) from the state frozen-dessert license; APH just reviews the machines. The DSHS license ($600–$800) is only for wholesale manufacturing.
I'm taking over a restaurant that's already permitted and only repainting. What do I still need?
A new APH operating permit in your name via the change-of-ownership inspection ($178 pre-opening + $309–$927 permit), your own TABC permit (60-day sign may not apply if the site was licensed within two years), the Austin Water discharge permit in your name, and the existing CO stays if the use is unchanged. No building permit for paint and furniture.
Is workers' compensation required in Texas?
No — Texas lets private employers opt out. If you do, you must file a notice of no coverage with DWC (after first hire and every Feb 1–Apr 30), post notices in English and Spanish, and give each new hire written notice; you also lose key defenses in injury lawsuits. Most restaurants buy coverage.
What changed for food trucks in 2026?
As of July 1, 2026 the State (DSHS) issues all mobile food vendor licenses — Type III full-cooking units pay $876 + $500 + $500 — and Austin Public Health no longer permits trucks. AFD's $222 fire inspection and the central preparation facility requirement still apply.
Does a bar with no kitchen need a health permit?
Yes. Ice, garnish and glassware make it a food enterprise: APH plan review, bar hand sink, glass washing, two restrooms and the operating permit. You can ask Austin Water for a grease-interceptor variance as a drinks-only facility.
How do I add an awning over the sidewalk?
If it stays over your property line, a sign permit (awning) and building permit. If it projects over the public sidewalk, it is a permanent encroachment needing a Land Management encroachment agreement — public notice, appraisal and City Council, five months or more.
What are the Texas happy hour rules?
Reduced prices are fine (TABC's example is 4–7 p.m.), but no all-you-can-drink for a fixed price, no two-for-one or any multiple-drink deal priced below the drinks' individual total, and no reduced prices after 11 p.m.