Licenses and permits to open a restaurant in San Jose

A restaurant files the most: company and tax registration, then the build-out, the health permit and the inspections that come with it. Here are the 13 filings, in the order they're made.

Updated October 17, 202613 filingsSources: the agencies' own sites

Application for Employer Identification Number (EIN)

Internal Revenue ServiceUS federal

Owners with an SSN or ITIN apply online. A company whose responsible party has neither (most China-based owners) faxes or mails Form SS-4, or calls the IRS international line.

Fee
Free
Filed
Paper form, faxed or mailed
Takes
Fax: about 4 business days. Mail: about 4 to 5 weeks. Phone: issued on the call.

File on the agency's site How to fill it
Articles of Organization (California LLC)

California Secretary of StateCalifornia

Filed online in bizfile Online.

Fee
$70
Filed
Filed online
Takes
Online filings are currently reviewed about 3 days after receipt (mail about 8 days), per the Oct 8, 2026 queue.
Renews
Statement of Information (LLC-12, $20) within 90 days, then every two years.

File on the agency's site How to fill it
Seller's permit

California Department of Tax and Fee AdministrationCalifornia

Register online before your first sale; one permit for each location.

Fee
Free
Filed
Filed online
Takes
Often issued the same day.
Renews
Does not expire.

File on the agency's site How to fill it
Certified food protection manager

California Retail Food Code, enforced by the county or city environmental health departmentCalifornia

An owner or employee of a place that prepares, handles or serves unpackaged perishable food passes a food protection manager exam from an accredited organization. A new place, a new owner, or a place that loses its certified person has 60 days to have one, and one person can't be certified for two locations. Keep the certificate on file for the inspector.

Fee
Varies
Filed
Filed online
Renews
Every 5 years.

File on the agency's site How to fill it
City of San José Business Tax Certificate

City of San José Finance DepartmentSan Jose

Register online within 90 days of starting business in San José, with the owner, tax ID, location and, if you have them, the seller's permit and county health permit numbers.

Fee
Varies
Filed
Filed online
Takes
If you pay during registration, the account activates in 2 to 3 business days; otherwise the invoice is mailed within 5 to 10 business days.
Renews
Every year.

File on the agency's site How to fill it
Registration Form for Commercial Employers

California Employment Development DepartmentCalifornia

Register in e-Services for Business within 15 days of paying over $100 in wages.

Fee
Free
Filed
Filed online
Takes
Mail-in registration takes about 10 to 14 days; online is faster.

File on the agency's site How to fill it
Food facility plan check

County of Santa Clara Department of Environmental HealthSCC

Email the application, scaled plans, menu and equipment sheets to dehplancheck@deh.sccgov.org, then pay the invoiced review fee. The city needs the county's stamped plans before its own plan check.

Fee
Varies
Filed
Paper form, mailed
Takes
After payment, inspector review may take up to 20 business days.

File on the agency's site How to fill it
Building permit for a tenant improvement

City of San José Building DivisionSan Jose

Apply on SJPermits.org, upload plans through SJePlans and pay the plan review fee before review starts. Restaurants can use the city's Streamlined Restaurant Program.

Fee
Varies
Filed
Filed on the agency's portal
Takes
San José's standard plan review for a commercial tenant improvement takes about 10 working days for the first round and 5 working days for each recheck.

File on the agency's site How to fill it
Fire protection system permit

San José Fire Department, Bureau of Fire PreventionSan Jose

When plan check calls for it, apply on SJPermits.org under Fire Prevention, pay, then upload documents in SJePlans.

Fee
Varies
Filed
Filed on the agency's portal
Takes
Fire Department review of fire protection system plans takes about 10 working days for the first round and 5 working days for each recheck on a commercial project.

File on the agency's site How to fill it
Building final inspection

City of San José Building DivisionSan Jose

Schedule the final on SJPermits.org once every other inspection on the permit has passed.

Fee
Varies
Filed
Filed on the agency's portal
Takes
San José doesn't publish a wait time for the final inspection; you request it on SJPermits.org, and it's approved only after every other inspection on the permit has passed.

File on the agency's site How to fill it
Health permit to operate a food facility

County of Santa Clara Department of Environmental HealthSCC

Submit the permit application by email or in person at or before the final inspection; the operating fee is invoiced after the final.

Fee
Varies
Filed
Paper form, mailed
Takes
The county's plan review can take up to 20 business days, and the invoice for the operating permit is sent after the final inspection passes.
Renews
Every year.

File on the agency's site How to fill it
Sign permit

City of San José Planning DivisionSan Jose

Upload the signed application to SJPermits.org, then pay the invoice.

Fee
$445
Filed
Filed on the agency's portal
Takes
Average: 2 weeks.

File on the agency's site How to fill it
LLC annual tax ($800)

California Franchise Tax BoardCalifornia

Paid every year by every LLC registered or doing business in California.

Fee
$800
Filed
Filed online
Takes
Paying the $800 LLC tax online through Web Pay is immediate; it's due by the 15th day of the 4th month of the LLC's tax year.
Renews
Every year, by the 15th day of the 4th month of the tax year.

File on the agency's site How to fill it

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<div class="placetta-checklist"><p><strong>Licenses and permits to open a restaurant in San Jose</strong></p><ol><li>Application for Employer Identification Number (EIN) (Internal Revenue Service)</li><li>Articles of Organization (California LLC) (California Secretary of State)</li><li>Seller's permit (California Department of Tax and Fee Administration)</li><li>Certified food protection manager (California Retail Food Code, enforced by the county or city environmental health department)</li><li>City of San José Business Tax Certificate (City of San José Finance Department)</li><li>Registration Form for Commercial Employers (California Employment Development Department)</li><li>Food facility plan check (County of Santa Clara Department of Environmental Health)</li><li>Building permit for a tenant improvement (City of San José Building Division)</li><li>Fire protection system permit (San José Fire Department, Bureau of Fire Prevention)</li><li>Building final inspection (City of San José Building Division)</li><li>Health permit to operate a food facility (County of Santa Clara Department of Environmental Health)</li><li>Sign permit (City of San José Planning Division)</li><li>LLC annual tax ($800) (California Franchise Tax Board)</li></ol><p>Source: <a href="https://placetta.com/guides/san-jose/restaurant.html">Placetta license guide</a></p></div>

Questions people ask

Other businesses in San Jose

Agency requirements change. Check each agency's page before you file.

Get the plan for your restaurant in San Jose

This guide covers the city. Your exact address decides the county, the health district and the zoning. Placetta maps every filing for it, fills the official forms from your details, adds the deadlines and puts them up for your approval.

The full list for your address, in filing order
The official forms, filled line by line
Renewal and inspection reminders

More on opening in San Jose

Questions people ask

Other businesses in San Jose

Get the plan for your restaurant in San Jose