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Small businesses · Restaurants

What a restaurant has to keep up with, and who does it.

The food establishment permit, a certified food protection manager, the twice-yearly hood inspection, the kitchen logs, the posters and the paperwork for every new hire. Arikano works out which of these are yours, drafts the written programs and logs, and keeps the dates. You approve it.

Rules for every restaurant
17
Rules depending on how you work
8
Practices Arikano recommends
7
Documents Arikano drafts
7

Review status. Not yet reviewed. No credentialed professional has reviewed the rules on this page so far. Each rule names the regulation it comes from, so you can check it yourself.

Where to start

The heaviest items on a new restaurant’s list.

  1. Retail food establishment permit

    The health department permit is what lets you open the doors, and the inspection that comes with it is unannounced after the first one. Apply well before you plan to serve — thirty to sixty days is normal.

    City or county · County or state retail food establishment permit, issued under the state retail food code adopting the FDA Food Code (the issuing body, the fee and the renewal cycle vary by jurisdiction)

  2. Certified food protection manager on staff

    The Food Code wants somebody in charge who has passed an accredited exam — ServSafe or equivalent. Most certificates run five years, and most jurisdictions want that person reachable on every shift.

    State law · FDA Food Code 2022 §2-102.12(A) (certified food protection manager), as adopted by your state retail food code

  3. Kitchen hood suppression system inspected

    The hood system over the line is the thing standing between a flare-up and losing the building. The standard wants it inspected by a qualified contractor every six months, and your insurer will ask for the tag.

    City or county · NFPA 96 §11.2 and NFPA 17A §7.2 (semiannual inspection of the hood suppression system), as adopted by state and local fire codes

For every restaurant

What applies from day one.

Each rule with the regulation it comes from, and how often Arikano checks it again. Items marked “Arikano guidance, not a law” are practices Arikano recommends, not rules. The few that wait until you have employees say so.

  • Retail food establishment permit

    The health department permit is what lets you open the doors, and the inspection that comes with it is unannounced after the first one. Apply well before you plan to serve — thirty to sixty days is normal.

    Comes from
    City or countyCounty or state retail food establishment permit, issued under the state retail food code adopting the FDA Food Code (the issuing body, the fee and the renewal cycle vary by jurisdiction)Read the source for Retail food establishment permit (opens in a new tab)
    Arikano checks
    Every year
    Review
    Not yet reviewed
  • Workers’ compensation coverage in force

    If someone gets hurt on the clock this is what pays their medical bills and their wages. Going without it where your state requires it is not a fine — in most states it is a criminal offense and you become personally liable for the claim.

    Once you have employees

    Comes from
    State lawState workers’ compensation act (varies by state; Texas is the only state where coverage is elective for a private employer)
    Arikano checks
    Every year
    Review
    Not yet reviewed
  • State unemployment insurance account registered

    The account your state unemployment contributions are paid into — every state runs a program and every covered employer registers with it, usually with the labor or workforce department rather than the revenue one. It is worth getting right early for a reason that is not obvious: your contribution rate is experience-rated, so the claims filed against this account in your first years set what you pay for years afterwards. Register before your first payroll. The wage base and the new-employer rate are set by your state and change, so take both from the state.

    Comes from
    State lawState unemployment insurance statute (each state its own). 26 U.S.C. §3302 gives an employer a credit against Federal Unemployment Tax Act liability for contributions paid into a certified state unemployment fund, which is why every state operates a programme and a covered employer registers with itRead the source for State unemployment insurance account registered (opens in a new tab)
    Review
    Not yet reviewed
  • State income tax withholding account registered

    The account you withhold your employees’ state income tax into and remit from. You register with your state’s revenue department, usually online and usually free, and you need your EIN in hand to do it. Register before your first payroll, not after: the penalty is normally for remitting late, and you cannot remit to an account that does not exist. A few states have no wage income tax and therefore no withholding account — if yours is one of them, waive this and keep the state unemployment insurance account, which every state has.

    Comes from
    State lawState income tax withholding statute — an employer registers with the state revenue department and withholds from wages paid in that state. Which states impose a wage income tax, the registration route, and the deposit frequency are all set state by state
    Review
    Not yet reviewed
  • Fatality and severe-injury reporting procedure

    A death is eight hours. An in-patient hospitalization, an amputation or the loss of an eye is twenty-four. That clock runs whether or not you are exempt from keeping the 300 log, and whether or not anyone in the office knows the number to call.

    Review
    Not yet reviewed
  • Certificate of occupancy for the premises

    If you are taking a space that staff or customers will use, the building official signs off that it may be occupied for what you intend to do in it — and a new certificate is normally required when the USE changes, even if nothing is built. That is the one that catches people: a unit that was a shop is not automatically an approved kitchen, a gym or a clinic, and the landlord’s existing certificate does not transfer to your use. Find out before you sign, because the work it takes to pass is the tenant’s problem and the rent starts either way. If you work from home or out of a vehicle, waive this one.

    Comes from
    City or countyLocal building code as adopted by the jurisdiction — a certificate of occupancy is issued by the building official before a structure or a changed use may be occupied (e.g. International Building Code §111, adopted in some edition by most US jurisdictions). Which edition is in force, and what a change of use triggers, are decided locally
    Review
    Not yet reviewed
  • Local business license or business tax registration

    Your city or county almost certainly wants its own registration on top of anything the state issued, and the two are unconnected — a perfectly formed LLC with every state account open can still be trading unlawfully in its own city. Check the city AND the county, because plenty of businesses owe both, and check the zoning at the same time: a license is routinely refused on the ground that the use is not allowed at that address, which is a much cheaper thing to discover before you sign a lease. Record the expiry printed on the license; the renewal interval and the fee are set locally and vary between neighboring towns.

    Comes from
    City or countyMunicipal or county business licence / business tax registration ordinance — imposed by the city or county rather than by the state, and varying between adjacent jurisdictions in scope, fee and renewal interval
    Review
    Not yet reviewed
  • Certified food protection manager on staff

    The Food Code wants somebody in charge who has passed an accredited exam — ServSafe or equivalent. Most certificates run five years, and most jurisdictions want that person reachable on every shift.

    Comes from
    State lawFDA Food Code 2022 §2-102.12(A) (certified food protection manager), as adopted by your state retail food codeRead the source for Certified food protection manager on staff (opens in a new tab)
    Arikano checks
    Every 5 years
    Review
    Not yet reviewed
  • Kitchen hood suppression system inspected

    The hood system over the line is the thing standing between a flare-up and losing the building. The standard wants it inspected by a qualified contractor every six months, and your insurer will ask for the tag.

    Comes from
    City or countyNFPA 96 §11.2 and NFPA 17A §7.2 (semiannual inspection of the hood suppression system), as adopted by state and local fire codes
    Arikano checks
    Every 6 months
    Review
    Not yet reviewed
  • Form I-9 on file for every employee

    Section 1 within the first day of work, section 2 within three business days, and the file kept for three years after hire or one year after they leave — whichever is later. An audit counts forms, not intentions.

    Once you have employees

    Comes from
    U.S. Department of Homeland Security8 CFR 274a.2(b)(1) — Form I-9, administered by USCIS and enforced by ICERead the source for Form I-9 on file for every employee (opens in a new tab)
    Arikano checks
    Every year
    Review
    Not yet reviewed
  • PPE assessment and program

    Before you hand out gloves and glasses the rule wants you to have walked the work, written down what can hurt someone, and signed and dated the assessment. The certificate is the part that gets cited, not the gear — and it is the proof an inspector or a client asks for.

    Review
    Not yet reviewed
  • Sales and use tax permit, or a note that you owe none

    If you sell anything your state taxes you register for a permit before the first sale, not before the first return — collecting tax without one is its own offense in several states, and so is failing to collect. What counts as taxable is set state by state and is not obvious: almost every state with a sales tax taxes goods, a good many tax some services, and a few tax neither because they have no sales tax at all. This is a question a founder cannot answer from first principles, so look it up once with your state’s revenue department and record either the permit or the answer that you owe none.

    Comes from
    State lawState sales and use tax statute — a seller registers for a permit or licence before making taxable sales in the state. What is taxable, whether services are taxable, and the registration threshold are set state by state; five states impose no general sales tax
    Review
    Not yet reviewed
  • Fire extinguishers serviced every year

    Every portable extinguisher you keep for staff to use gets a maintenance check once a year and a quick look every month. You record the annual service date and keep that record for a year after the last entry or the life of the extinguisher, whichever is less. The tag your service company leaves is usually the record.

    Once you have employees

    Comes from
    OSHA29 CFR 1910.157(e)(3) (annual maintenance, recorded); 1910.157(e)(2) (monthly visual inspection)Read the source for Fire extinguishers serviced every year (opens in a new tab)
    Arikano checks
    Every year
    Review
    Not yet reviewed
  • Food handler cards for everyone who touches food

    Most — not all — states and counties want a food handler card within a month of hire. Where it is required, an inspector asks for the cards by name.

    Comes from
    State lawState or county food handler card requirement, under the state retail food code adopting FDA Food Code 2022 §2-103.11(O); not required in every jurisdictionRead the source for Food handler cards for everyone who touches food (opens in a new tab)
    Arikano checks
    Every 3 years
    Review
    Not yet reviewed
  • Annual safety refresher

    Everyone should be retrained at least once a year; the training records prove it.

    Comes from
    Arikano guidance, not a law
    Arikano checks
    Every year
    Review
    Not yet reviewed
  • New-hire safety orientation

    Everyone new should learn the hazards, the exits and who to tell before their first day of work, and anyone who checks your program asks whether they did.

    Comes from
    Arikano guidance, not a law
    Review
    Not yet reviewed
  • Employer Identification Number on file

    Your business tax ID. You cannot run payroll, open a business account or file a return without it, and it is free from the IRS.

    Review
    Not yet reviewed
  • General liability policy in force

    No statute makes you carry this — your landlord, your hiring clients and most contracts do. One trip-and-fall claim against an uninsured business is the whole business.

    Comes from
    Arikano guidance, not a law
    Arikano checks
    Every year
    Review
    Not yet reviewed
  • Fire safety / emergency action plan

    Where the exits are, who counts heads, who calls it in. Extinguishers on the wall are enough to trigger it. At ten employees or fewer OSHA lets you brief everyone out loud instead of writing it down — keep it on paper anyway, because the written version is the one an inspector, an insurer or a client asks to see.

    Review
    Not yet reviewed
  • OSHA "It’s the Law" poster displayed

    Federal law says the poster has to hang where your crew actually sees it — a break room wall, not a binder. It is free from OSHA and it is the cheapest citation you will ever avoid.

    Review
    Not yet reviewed
  • Daily temperature log

    Inspectors check that cold food is held at 41°F or below and hot food at 135°F or above, and that cooked food is cooled fast enough. The Food Code sets those numbers but does not require a written log in most kitchens; a log checked every shift is how you catch a failing cooler before the inspector does. This is our recommendation, not a federal rule.

    Comes from
    Arikano guidance, not a law
    Review
    Not yet reviewed
  • Cleaning and sanitizing log

    Surfaces and utensils used with food that needs temperature control are cleaned at least every 4 hours while in use, and sanitized after cleaning. A log with the sanitizer test-strip reading is how you show it happened. This is our recommendation, not a federal rule.

    Comes from
    Arikano guidance, not a law
    Review
    Not yet reviewed

Depending on how you work

Arikano asks before it adds these.

Each question is asked the way Arikano asks it when you start. A yes adds the rules under it; a no keeps them off your list. It also asks 14 less common questions that rarely apply to restaurants.

Do you serve or sell beer, wine or liquor?If yes: 1 rule
  • Liquor license current

    Serving or selling beer, wine or spirits takes a license from your state alcohol authority, separate from the health permit, and sometimes a city or county one too. Serving on a lapsed license puts the license itself at risk.

    Comes from
    State lawState alcoholic beverage control law and any local licence (the licence type, issuing agency and renewal cycle vary by state)
    Review
    Not yet reviewed
Does anyone under 18 work for you, even part time or in the summer?If yes: 2 rules
  • Under-18s kept off meat slicers and bakery machines

    Federal child labor rules bar anyone under 18 from operating, feeding, setting up, cleaning or repairing a power-driven meat slicer — including a deli slicer used on cheese or vegetables — and from power-driven bakery machines such as dough mixers and sheeters (small countertop mixers are the narrow exception).

    Comes from
    U.S. Department of Labor29 CFR 570.61(a)(4) (Hazardous Occupations Order No. 10) and 29 CFR 570.62(a) (Order No. 11)Read the source for Under-18s kept off meat slicers and bakery machines (opens in a new tab)
    Review
    Not yet reviewed
  • 14- and 15-year-olds: hours and cooking limits kept

    Workers aged 14 and 15 work outside school hours only: no more than 3 hours on a school day or 18 in a school week, 8 on a non-school day or 40 in a non-school week, and between 7 a.m. and 7 p.m. (9 p.m. from June 1 through Labor Day). They may cook only on electric or gas grills without an open flame, and use deep fryers only where the baskets lower and raise automatically.

    Comes from
    U.S. Department of Labor29 CFR 570.35(a)(1)-(6) (hours) and 29 CFR 570.34(c) (cooking)Read the source for 14- and 15-year-olds: hours and cooking limits kept (opens in a new tab)
    Review
    Not yet reviewed
Do you use anything that arrives with a safety data sheet — solvents, fuels, adhesives, strong cleaners?If yes: 2 rules
  • Hazard Communication program

    If anything you use arrives with a safety data sheet, you owe a written program: the chemical list, the sheets on hand, the labels and who was trained. It is OSHA’s most-cited standard almost every year, and the first written program an inspector, an insurer or a client asks to see.

    Review
    Not yet reviewed
  • Hazard Communication training current

    The program is half of it. Everyone working around those chemicals has to be trained before they start and again whenever a new hazard walks in the door.

    Review
    Not yet reviewed
Do you bring in subs or 1099 crews to do any part of the work?If yes: 1 practice
  • Subcontractor management program

    Clients hold you responsible for the subs you bring; they want to see how you qualify and oversee them.

    Comes from
    Arikano guidance, not a law
    Review
    Not yet reviewed
Does anyone drive for work — a company truck, a van, or their own car between job sites?If yes: 1 practice
  • Commercial auto cover for business driving

    A personal policy excludes business use, so the claim from a crash between job sites can be denied outright. This is a contract and prudence question, not a federal one — the DOT minimums are a separate row and only bite on commercial vehicles.

    Comes from
    Arikano guidance, not a law
    Arikano checks
    Every year
    Review
    Not yet reviewed
Did you set up an LLC, corporation or partnership with your state, rather than working under your own name?If yes: 3 rules
  • Formation document filed with the state

    The filing that brings the company into existence — articles of organization for an LLC, articles or a certificate of incorporation for a corporation, a certificate of limited partnership for an LP. Until it is accepted there is no company: no liability shield, no business bank account, and nothing for the IRS to issue an EIN to. Keep the stamped copy the state sends back, because your bank, your insurer and every state tax account will ask for it. The fee and the processing time are set by your state and change, so take both from your own Secretary of State rather than from anybody’s summary.

    Comes from
    State lawState business entity statute — the formation document filed with the Secretary of State or equivalent office (e.g. Model Business Corporation Act §§2.01–2.03; Revised Uniform Limited Liability Company Act §201, both adopted in substance by many states). The filing office, the document’s name, the fee and the processing time are set state by state
    Review
    Not yet reviewed
  • State entity registration current (periodic report filed)

    The filing that keeps your LLC or corporation alive with the state. Miss it long enough and the state administratively dissolves the entity: the company stops existing, your liability shield goes with it, and reinstatement costs more than the filing ever did. How often it is due varies by state — annual in most, biennial in several, and some states key it to your formation anniversary rather than a common date — so look up your own state’s interval and put the date it gives you on the record.

    Comes from
    State lawState business entity statute — the periodic report a registered entity files with its Secretary of State or equivalent (varies by state in both interval and due date; e.g. Model Business Corporation Act §16.21, adopted in substance by many states)
    Review
    Not yet reviewed
  • Registered agent on file with the state

    The person or company at a real street address in your state who is legally allowed to accept a lawsuit on your behalf. If the address on file is a former accountant or an office you moved out of, you can be sued and lose by default without ever hearing about it — and a state that cannot reach your agent can dissolve the entity on that ground alone. Check it every time you move, and whenever the agent changes.

    Comes from
    State lawState business entity statute — a registered entity must maintain a registered agent and registered office in the state (e.g. Model Business Corporation Act §5.01, adopted in substance by most states; Delaware General Corporation Law §132). A foreign entity qualified to do business in another state owes the same there
    Review
    Not yet reviewed

By state

What changes in Texas, Florida, California, New York and Georgia.

Rules a state adds on top of the list above, for restaurants. Arikano adds the ones for your state once you tell it where you work.

Texas

Arikano has no rules written only for restaurants in Texas yet. Everything listed above still applies there.

Florida

Arikano has no rules written only for restaurants in Florida yet. Everything listed above still applies there.

California

  • Injury and illness prevention program (California)

    California requires every employer to keep a written Injury and Illness Prevention Program: who is responsible for safety, how hazards are found and fixed, how injuries are looked into and how people are trained. With fewer than 10 employees you may give the general safe-work instructions out loud, but the program itself is written — and it is the first thing a Cal/OSHA inspector, a hiring client or a platform review asks to see.

    Review
    Not yet reviewed
  • Heat illness prevention plan (California)

    California wants this one in writing, in English and in the language most of your crew speaks, kept at the worksite where an inspector can ask for it: water, shade, what happens when it gets hot, what you do when somebody goes down, and how new people are brought up to the heat. It can live inside your injury and illness prevention program or stand alone. It reaches every outdoor place of employment in the state, so if nobody on your payroll ever works outdoors, waive it — but waive it deliberately.

    Comes from
    State law8 CCR §3395(i) (Cal/OSHA, Heat Illness Prevention in Outdoor Places of Employment)Read the source for Heat illness prevention plan (California) (opens in a new tab)
    Review
    Not yet reviewed
  • Cal/OSHA serious injury reporting procedure (California)

    California is tighter than the federal clock and this is where people get caught. Any serious injury or illness, or a death, is reported to Cal/OSHA immediately — meaning as soon as practically possible and in no event more than eight hours after you knew or would have known. Federal OSHA allows twenty-four hours for a hospitalization; California does not. Exigent circumstances you can demonstrate stretch it, and no further than twenty-four hours. Whoever answers the phone at 6am needs to know the number and the deadline.

    Comes from
    State law8 CCR §342(a) (Cal/OSHA; "serious injury or illness" is defined at 8 CCR §330(h))Read the source for Cal/OSHA serious injury reporting procedure (California) (opens in a new tab)
    Review
    Not yet reviewed
  • Workplace violence prevention plan (California)

    Since July 2024 almost every California employer owes a written workplace violence prevention plan and a violent incident log alongside it. The plan names who runs it, how employees help build it, how incidents get reported and investigated, and what you did about the hazards you found. Healthcare covered by the Cal/OSHA healthcare violence standard is out, and so is a site with fewer than ten people at any one time that the public cannot walk into — but only if that site is already compliant with its injury and illness prevention program.

    Comes from
    State lawCalifornia Labor Code §6401.9(c) and (d) (workplace violence prevention plan and violent incident log)Read the source for Workplace violence prevention plan (California) (opens in a new tab)
    Review
    Not yet reviewed
  • Workplace violence prevention training current (California)

    The plan is half of it. Everyone gets trained when the plan is first written and again every year after: what the plan says, how to report an incident without it coming back on them, the hazards specific to their own job, and a live chance to ask questions of somebody who actually knows the plan. New hazards or a changed plan trigger training again.

    Comes from
    State lawCalifornia Labor Code §6401.9(e)(2) (initial training, and annually thereafter)Read the source for Workplace violence prevention training current (California) (opens in a new tab)
    Arikano checks
    Every year
    Review
    Not yet reviewed

New York

Arikano has no rules written only for restaurants in New York yet. Everything listed above still applies there.

Georgia

Arikano has no rules written only for restaurants in Georgia yet. Everything listed above still applies there.

What Arikano drafts

The documents, drafted for your restaurant.

Each is drafted with your company’s name and details and waits for your approval. Nothing counts as done until you approve it.

  • Hazard Communication (HazCom)

    If the answer is yes to: Do you use anything that arrives with a safety data sheet — solvents, fuels, adhesives, strong cleaners?

  • Injury & Illness Prevention Program (IIPP)

    In California

  • PPE Assessment & Program

    For every restaurant

  • Fire Safety / Extinguisher Program

    Covers: Fire safety / emergency action plan

    For every restaurant

  • Subcontractor Management

    If the answer is yes to: Do you bring in subs or 1099 crews to do any part of the work?

  • Daily Temperature Log

    For every restaurant

  • Cleaning & Sanitizing Log

    For every restaurant

Questions

Asked about restaurants.

What does a restaurant have to keep up with?

17 rules apply to every restaurant, starting with these: Retail food establishment permit; Certified food protection manager on staff; Kitchen hood suppression system inspected. Arikano also recommends 5 practices for every restaurant; those are its own guidance, not a law, and the page marks them that way. Another 8 rules and 2 practices Arikano recommends depend on how you work. Arikano asks first, with questions like “Do you serve or sell beer, wine or liquor?”, and adds them only when the answer is yes.

Which documents does Arikano draft for a restaurant?

For every restaurant: PPE Assessment & Program, Fire Safety / Extinguisher Program, Daily Temperature Log and Cleaning & Sanitizing Log. 3 more depend on your state or on how you answer Arikano’s questions: Hazard Communication (HazCom), Injury & Illness Prevention Program (IIPP) and Subcontractor Management. Each one is drafted with your company’s details and waits for your approval before it counts.

Has a professional reviewed these rules?

Not yet. None of the rules on this page has been reviewed by a credentialed professional so far. Each rule is listed with the regulation it comes from, so you can check it yourself. The practices Arikano recommends are marked as its own guidance, not a law.

Arikano does your compliance work. You approve it.

Start with your own restaurant: what applies to you, what is missing, and the first drafts.