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Restaurant Approvals – Permits Required in New York City

In order to build a restaurant in New York City, several approvals and permits are required from various municipal agencies. Each restaurant’s requirements are different due to location, capacity, and existing conditions. The following agencies and approvals are usually required:

The Department of Buildings

 

Fire Department

  • Approval/Permit for Fire suppression system
  • Approval/Permit for alarm system
  • Approval/Permit and yearly inspection for sprinkler work

 

Alcohol and Beverage Control Board

  • Liquor License

 

Landmarks Preservation Commission

  • Approval/permit for construction of all Building Department applications

 

Department of Environmental Protection

  • Approval for Cross-Control Device

 

Health Department

  • Approval/permit for food service

 

Department of Consumer Affairs

  • Sidewalk Cafe permit
  • Cabaret License

In order to evaluate the required approvals/permits needed, one needs to consider a few basic questions.

  • Does the space have a valid Certificate of Occupancy for a restaurant and the desired number of people?
  • What is the existing infrastructure? i.e. is there gas service, a fire suppression system, fire alarm system, etc. in place?

Restaurant projects that do not require a change of use are relatively simple and straight forward. If the use change is required, a new or amended certificate of occupancy will be needed. This is a time consuming and costly process. A liquor license cannot be obtained without a valid C of O or a “Letter of No Objection.” Applying to the Building Department for a change of use requires careful review of zoning, egress, and accessibility laws. This type of review usually takes between six to ten weeks for review and approval.

Certain problems arise in obtaining approval for restaurants and should be considered and checked carefully prior to signing a lease.

  • Does the zoning permit allow for a restaurant of the desired size and capacity? Certain zones have restrictions on size of restaurant and entertainment.
  • What is the proposed use group? Is it a use group 6, 9, or 12? Many zones do not permit use group 12 restaurants.
  • Does the space provide for handicap accessibility? This must be checked for both LL58/87 and ADA.
  • If the restaurant has a capacity greater than 74 people, does it have two means of egress of sufficient capacity located remotely apart?
  • Ventilation of stoves and ovens must be considered. Typically, a flue or vent stack is required that extends to the roof of the building housing the restaurant.