How to get every restaurant permit in New York City
New York City is a single municipal government covering all five boroughs (Manhattan, Brooklyn, Queens, the Bronx, Staten Island), so there is no county layer to sort out: city agencies (DOB for buildings, DOHMH for the food permit, FDNY for fire, DEP for water/sewer/air, DOT for outdoor dining, LPC for landmarks, DSNY/BIC for waste) handle almost everything. New York State handles business formation (Dept. of State), sales tax (Tax & Finance), employer insurance (Workers' Compensation Board) and all alcohol licensing (State Liquor Authority). SLA license fees are the same in Manhattan, Brooklyn, Queens and the Bronx; only Staten Island (Richmond County) pays a lower liquor-license fee.
49 permits and licenses across 21 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
- Liquor license (NYS SLA): send the 30-day Community Board notice and file during construction — it's the #1 reason restaurants open without alcohol.
- Gas turn-on (DOB gas authorization + Con Edison / National Grid): open the utility request as soon as permits issue.
- Outdoor dining (Dining Out NYC): review takes months — file well before the season you want.
- Landmarks (LPC): approval gates the DOB permit for exterior work; Certificates of Appropriateness can take up to 90 working days.
- Letter of No Objection / change of use: if the CO doesn't cover a restaurant, the DOB path gets much longer — confirm before signing the lease.
- Asbestos ACP-5: DOB won't issue alteration permits without it; get the investigation done right after lease signing.
- 500-foot law hearing: count nearby liquor licenses before committing to a cocktail-focused lease.
- DOB plan exam objections: incomplete plans bounce back for weeks — have your architect file a complete set.
- LLC publication: six weeks of newspaper notices must be filed within 120 days of forming the LLC.
- Food truck unit permit (DOHMH): full-term permits are waitlisted for years — lease a permitted unit or plan the wait before buying a truck.
- Alt-CO for a change of use: a retail-to-restaurant conversion can't open until DOB issues the new CO; confirm with the landlord that no other Alt-CO jobs are open on the building.
- Rooftop seating: a second means of egress and roof occupancy on the CO are often missing in older buildings — check before you design around the roof.
- HACCP plan (DOHMH): sous vide, vacuum packing and curing need Department approval before you start cooking that way.
Key facts
- You may start operating 22 days after submitting the DOHMH Food Service Establishment permit application, even before the permit arrives; a passed pre-operating inspection (call 212-676-1600) lets you open sooner.
- The DOHMH Food Service Establishment permit costs $280 (plus $25 for frozen desserts) and is renewed annually for $280.
- A Place of Assembly Certificate of Operation is required when 75 or more members of the public gather indoors, or 200 or more outdoors, to eat or drink; FDNY then issues an annual Place of Assembly permit.
- The SLA 500-foot law applies only to liquor licenses (not wine- or beer-only) in municipalities of 20,000+: with 3+ on-premises liquor licensees within 500 feet, the SLA must find the license is in the public interest. Premises continuously licensed since November 1, 1993 are grandfathered.
- Signs smaller than six square feet that are not illuminated need no DOB permit; larger signs and any illuminated sign do, and illuminated signs extending beyond the building line need an annual permit.
- SLA fees (license + filing): On-Premises Liquor $4,352 + $200 in Manhattan, Brooklyn, Queens and the Bronx, $3,072 + $200 on Staten Island; Restaurant Wine or Eating Place Beer $960 + $100 in all five boroughs. Liquor and wine licenses run 2 years; beer 3 years.
- Every NYC on-premises alcohol applicant (beer, wine or liquor) must notify the Community Board with the SLA Standardized Notice Form at least 30 days before filing; likewise, the SLA cannot act on an outdoor municipal-space alteration until 30 days after that notice.
- Dining Out NYC: $1,050 license (paid once per 4-year term), $1,500 sidewalk / $2,500 roadway refundable deposit, $500–$900 roadway hearing fee, plus an annual revocable consent fee of $5–$31 per sq ft by sector. Roadway cafes run April–November unless you choose the year-round license.
- FDNY's Commercial Cooking System permit costs $70 a year, and kitchen exhaust systems must be inspected and cleaned at least once every three months by W-64/P-64 technicians of an FDNY-approved company.
- All commercial char broilers and solid-fuel (wood/coal) cook stoves must be registered with DEP ($110 per application); under-fired char broilers cooking over 875 lbs of meat a week, chain-driven char broilers and solid-fuel cook stoves need an emission control device meeting a 75% particulate reduction (or under 10 mg/m3 for equipment installed after May 6, 2016).
- Commercial Waste Zones roll out in 10 phases starting January 3, 2025 (Queens Central); DSNY has posted dates through Phase 8 (June 1, 2027), with Phases 9–10 not yet scheduled. Businesses that don't sign with a zone-authorized carter by their zone's final implementation date are assigned one at the maximum allowable rate.
- DSNY organics separation covers food service establishments of 7,000+ sq ft (or 8,000+ sq ft combined with other food services in the same building or location), chains with 2+ NYC locations totaling 8,000+ sq ft, and food service establishments in hotels with 100+ rooms.
All New York City restaurant permits
Questions owners ask
Can I open before the Health Department inspects me?
Yes. NYC lets you start operating 22 days after you submit the Food Service Establishment permit application, even if the permit hasn't arrived. To open sooner, call DOHMH at 212-676-1600 for a pre-operating inspection.
Do I need Place of Assembly approval?
Only if 75 or more members of the public can gather indoors (or 200+ outdoors). Below 75, no Place of Assembly certificate is needed — which is why many restaurants design to 74.
Will the 500-foot law block my liquor license?
Only for full liquor. If three or more on-premises liquor licensees are within 500 feet, the SLA holds a hearing and must find your license is in the public interest. Restaurant wine and eating place beer licenses are exempt.
Does my storefront sign need a permit?
Not if it's smaller than six square feet and not illuminated. Anything bigger, or any illuminated sign, needs a DOB sign permit filed by a licensed sign hanger or design professional.
How long does a liquor license take, and can I open without it?
Plan for several months: a 30-day Community Board notice, then SLA review (plus a hearing if the 500-foot law applies). Many restaurants open food-only and add alcohol later — start the SLA process during construction.
What if my building has no Certificate of Occupancy?
Buildings from before 1938 often have none. DOB can issue a Letter of No Objection confirming restaurant use is legal; if the CO conflicts with your use, you'll need a change-of-use filing that ends in a new CO.
Do I need a cabaret or entertainment license for live music or dancing?
No. The cabaret license was repealed in 2017, and the 2024 City of Yes zoning changes removed most dancing bans in commercial areas. You still need your CO/occupant load to fit, to disclose entertainment to the SLA, and to follow the Noise Code.
Which carter do I have to use for trash?
A BIC-licensed carter — and once your Commercial Waste Zone launches, one of the zone-authorized carters. If you don't sign by the zone's final date, DSNY assigns one at the maximum rate.
How often does my hood need cleaning?
FDNY requires commercial kitchen exhaust systems to be inspected and cleaned at least every three months by an FDNY-approved company, and the suppression system serviced by certified technicians.
Do I pay any city business tax on my lease?
Only if you're in Manhattan south of 96th Street and pay $250,000+ a year in rent (Commercial Rent Tax). Small-business credits eliminate it for many tenants with income up to $5 million and base rent under $500,000.
I only want to serve beer and wine — is the license cheaper and faster?
Yes. A Restaurant Wine license (beer, cider, wine; 2 years) or Eating Place Beer license (beer and cider; 3 years) costs $960 plus a $100 filing fee in every borough versus $4,352 + $200 for On-Premises Liquor in Manhattan, Brooklyn, Queens and the Bronx, and neither wine nor beer class is subject to the 500-foot law, so there's no hearing. You still send the 30-day Community Board notice.
Is there a late-night or cabaret license in NYC?
No. The cabaret license was repealed in 2017 and there is no late-hours permit. State law lets NYC on-premises licensees serve until 4 AM, but the hours you declare in your SLA method of operation — and any earlier closing you stipulate to with the Community Board — bind you. Changing hours or adding music/dancing later takes an SLA Method of Operation Change application.
Does a bar with no kitchen need a Health Department permit?
Yes. Health Code Article 81 expressly covers bars, so a bar serving ice, garnishes and bottled drinks still needs the DOHMH Food Service Establishment permit, a Food Protection Certificate holder on site, and inspections.
Can my staff serve alcohol without a training certificate?
Yes — New York doesn't mandate server training. But the SLA recommends an Alcohol Training Awareness Program (ATAP) course for all licensees and staff, and proof of training may reduce the penalty if you're charged with a sale to a minor or an intoxicated patron.
What do I owe the city when I hire my first employee?
Register as a NYS employer (NYS-100 on NY Business Express for unemployment insurance and withholding), carry workers' comp, disability and Paid Family Leave coverage, hand each hire the NYC Paid Safe & Sick Leave notice and the Workers' Bill of Rights poster, post the NYS DOL posters, and give a Wage Theft Prevention Act pay notice. Fair Workweek applies only if you're part of a 30+ location fast-food chain.
Are there delivery-specific rules I have to follow?
Yes: delivery apps need a written agreement and their fees are capped (15% delivery / 5% basic service, 20% enhanced / 3% processing); you must honor the agreement's bathroom-access terms for app delivery workers; 'Skip the Stuff' means utensils, condiment packets, napkins and extra containers only on request; and foam containers are banned.
How hard is it to add a food truck in NYC?
The personal Mobile Food Vending License is easy ($50, a $53 course, in-person appointment). The unit permit for the truck is the obstacle: full-term permits ($200 / 2 years) are capped, issued only to Supervisory License holders from a waiting list, and the unit must live at an approved commissary. Propane trucks also need an FDNY LPG permit ($105) and a G-23 Certificate of Fitness.
Can I use my roof for seating?
Only if the CO lists the roof as occupiable (otherwise your job becomes an Alt-CO), and DOB treats roof terraces as indoor space for Place of Assembly — 75 or more people on the roof triggers a PA certificate, two exits and an annual FDNY permit. Noise Code limits and SLA premises approval apply too.
I'm taking over a space that was already a restaurant — what carries over?
The CO (if it lists an eating & drinking use), the hood, suppression and grease interceptor if signed off, and the plumbing/gas infrastructure. Nothing operational transfers: you apply for your own DOHMH permit, FDNY cooking permit and SLA license, and open DOB/ECB violations on the building can block you until cleared.
Does a delivery-only (ghost) kitchen need fewer permits?
It skips Place of Assembly, outdoor dining and seating-driven items, but Article 81 covers any place preparing food for sale, so the DOHMH permit, Food Protection Certificate, hood/FDNY cooking permit and grease interceptor all apply, and the CO or LNO must cover a commercial kitchen use.
Do I need a permit for an awning?
An awning attached to the building needs a DOB permit (and a sign permit if lettered; LPC approval first in a historic district). A canopy on poles in the sidewalk is different: DOT canopy authorization, a Street Opening Permit for the poles and a $50 annual maintenance permit.
Does sushi or a raw bar need anything extra?
Keep shellfish tags for 90 days, buy from licensed shippers, print the raw/undercooked consumer advisory on the menu, and submit a HACCP plan to DOHMH before using vacuum packing, sous vide, curing, fermentation or acidified rice held at room temperature.