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Newsletter Article - Restaurant Permits

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Newsletter Article - Restaurant Permits
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It's Chatty Kathy!

 

 May I?It’s been said that it’s easier to apologize than to ask for permission. That may be true if you’re talking about another helping of dessert, but not when preparing to open a restaurant.  Before you sign a new lease, or plan any changes at your current location, you’ll need to file for, and obtain, the proper permits. Here’s an overview of the most important ones – and how to get them. Construction Permit  

In New York State, a licensed Professional Engineer (PE) or Registered Architect (RA) must submit construction plans to obtain a construction permit. A Building Department examiner will review the plans for any legal/zoning objections. Zoning requirements  vary from location to location so, first, your physical space must meet all the local zoning laws governing restaurants.

 A PE or RA may also certify that the plans they file are in compliance with all applicable laws and qualify for self certification. This reduces the amount of time a builder normally has to wait for a Department of Buildings permit by eliminating the process of the Department examination and approval of the plans. Following application approval, a contractor can apply for a building permit to begin work. This process is similar in most states.
 
 
 
 
A Certificate of Occupancy is required for all the spaces that people will occupy . If the space accommodates more than 75 people, you will also need a Public Assembly permit .The space capacity is based on calculations which are formulaic and must be strictly adhered to. Too many people crowded in a place is a fire hazard. In most cases two means of egress are also required for safety reasons. Equipment Use PermitOnce you have installed all your equipment (kitchen, HVAC), you have to schedule an appointment with the local fire inspector and pass inspection with the local Department of Health or a related restaurant regulation agency. The governing bureaus vary state to state. Kitchen ventilation, kitchen code requirements for the smoke, odors and fire suppression systems (hoods and sprinklers), grease trap design and installation also need to be approved. In older buildings you may also need an energy conservation and asbestos review. Electrical and PlumbingWiring, gas and boiler inspections are also required.  Your local utilities company will send an inspector to the job site to examine these installations and determine if they are sufficient and up to code.  Insufficient power, outdated or poorly operating equipment may need to be repaired or replaced.Storefront, Sign and Sidewalk PermitsIf your location is in a landmarked area or building, a Landmarks Preservation approval may be necessary. The committee’s review will determine what, if any, alterations can be made to the façade, the type of signage and awning you can put up. There are separate permits for outdoor and sidewalk seating  and use of the roof. A rooftop bar also requires structural engineering to ensure that it can accommodate the weight of the people. All of these extras require permits.Alcohol LicenseIf you plan on serving alcohol, you will also need a liquor license.  Rules for liquor  licenses vary by municipality.  In some cities, or even communities, the number of licenses available is limited. In such cases, it may be necessary to pay for the transfer of an existing license. The local community board may also have a say in the proceedings as well.Plan Ahead – Time is MoneyAn appointment with an inspector for a simple, straightforward permit may take only two to three weeks. However other permits, especially those requiring a public hearing, can take one to four months or longer to obtain.    Among the most common mistakes restaurant operators make are assuming that seemingly small issues are not going to become a problem in the future; not identifying project requirements early which may take time to resolve; and assuming that existing conditions will not require  replacements or upgrades when a new operator takes over.       Yes, You May! The extensive application and inspection process can include everything from counter space to storage areas. Knowing the right questions to ask, working with an experienced expeditor and leaving enough time to obtain the required permits is essential to opening on time - and on budget.   

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