Before
purchasing a property make sure that your area is zoned for commercial usage.
You can check the zoning of Baltimore City at their website.
Restaurants are not allowed to operate in residential or industrial zoned
properties.
If
you find that the property you have is zoned for something other than
commercial there is room for recourse. You will have to apply to rezone your
property with the county government. This can be a long and drawn-out process
that requires submission of a form, a public hearing, and possibly an appeals
hearing. If you need to rezone your property check out Baltimore City’s
rezoning website.
(Reg. / Comp.)
Workspace
Overview
In the Regulations / Compliance workspace, we will cover 4 topics that must be addressed in order to legally open your restaurant in Baltimore City, Maryland. Note that many of these regulations are generally completed with the help of experienced professionals.
I. Structural Review
II. Health Requirements
III. Employee Requirements
IV. Liquor License (if necessary)
Make sure to also leverage our customized library of FREE documents, which includes tools / templates and applications / guides to give your new business idea a jumpstart.
Relevant Documents for Regulations / Compliance:
Summary
(I. Structural Review)
In order to open as a restaurant you will need to submit a Structural Review to the local governmental approval board. This Review consists of many components, as laid out in the Structural Plan Review Guide.
This section deals with actual regulations affecting structural components of your building and consists of the following.
1. Zoning / Building
(I. Structural Review)
This section will be broken into four parts.
- Zoning
- Building
- Accessibility
- Fire Safety
1. Zoning
2. Building
You need to obtain a Use and Occupancy Permit from the city government before any construction can begin on a building. Use Baltimore City's e-Permit Website to apply for this permit. Make sure to keep your receipt, as it will be necessary when applying for a Building Permit.
In order to build a new property or significantly alter an existing one you’ll need to apply for a building permit from the city government. Make sure you work with an accredited construction firm that can obtain a building permit from the county government. Relevant construction firms can be found in our directory of vendors. In addition, you may need an Electrical, Plumbing, Mechanical, and Grading Permit depending on the work you're planning to do. All permits can be obtained through Baltimore's e-Permit page.
In order to build a new property or significantly alter an existing one you’ll need to apply for a building permit from the city government. Make sure you work with an accredited construction firm that can obtain a building permit from the county government. Relevant construction firms can be found in our directory of vendors. In addition, you may need an Electrical, Plumbing, Mechanical, and Grading Permit depending on the work you're planning to do. All permits can be obtained through Baltimore's e-Permit page.
3. Accessibility
Under National ADA regulations you need to make sure
that your building is accessible to people with disabilities. This includes:
- Parking- If you have a parking lot you must have at least 1/25 of your spots reserved for handicap people. These spots should be at least 8 ft wide and should be located closest to the restaurant's entrance
- Travel Route- You must provide an easy route of travel to your entrance. This means providing a curb ramp over any curb and a restaurant ramp if your entrance or dining area can only be accessed by climbing stairs.
- Entrances- Entrance doors must provide a 32-inch opening. There must be at least 18 inches of clear wall space when an individual must pull on the door to enter any room
- Seating, Accommodation- Aisles between fixed seats must be at least 36" wide, and restaurants should provide wheelchair-accessible seating throughout the dining room. Tables must measure 28-34 inches in height. Under the table there must be knee room that is at least 30 inches wide, 27 inches heigh, and 19 inches deep
4. Fire SafetyThere are various regulations put forward by the county fire code that must be followed. Before opening your property, you must request an inspection from the Fire Marshall Department. During this inspection they will be looking for various items including:
- A working sprinkler system hooked into the water supply
- Access to a fire hydrant
- Working smoke detectors
- The presence of a fire extinguisher or more
- A fire safety plan
2. Utilities
(I. Structural Review)
This section will cover regulations concerning the following utilities.
- Plumbing
- Trash
- Grease Disposal
- Lighting
- Power
1. PlumbingYou will need to
determine how you will handle water inflow and sewage outflow. For water you can either use
public water or tap into a private well.
For sewage you can either tap into the public sewage system or use an
on-site disposal. It is worth hiring a plumber before opening to ensure that all your pipes are working properly. For more information on Plumbing considerations, visit our Plumbing / Trash section.
Make sure to follow these rules:
- Food prep sinks, three-compartment sinks, steam tables, ice machines, drink stations, beverage dispensers and similar types of equipment which contain food, utensils or food portable equipment must be drained as an individual waste line(s) and may not be directly connected to the waste drainage system.
- Approved backflow prevention device must be installed on the main pipes. A backflow prevention device is used to protect potable water supplies from contamination or pollution due to backflow. In water supply systems, water is normally maintained at a significant pressure to enable water to flow from the tap, shower, or other fixture. Water pressure may fail or be reduced when a water main bursts, pipes freeze, or there is unexpectedly high demand on the water system (for example, when several fire hydrants are opened). Reduced pressure in the pipe may allow contaminated water from the soil, from storage, or from other sources to be drawn up into the system.
- Waste line(s) must be provided with a 1” air gap between the food service equipment and the flood rim level of the floor sink. Individual waste lines must be provided for the three-compartment sink.
2. TrashEnsure that you have adequate methods for the disposal of trash. This means having multiple trashcans spread out in your restaurant and ensuring that none of them overflow. You must also have a dumpster near you for disposal of trash and ensure that a trash collection route comes near your dumpster. A dumpster must be put on a grease-resistant, durable surface such as asphalt or a sealed concrete pad. Also we would encourage you to use recycling when at all possible.
3.Grease Disposal If you plan to cook with any type of Grease or Oil you must have a proper method of disposing it. Most people choose to either use a grease trap or a grease interceptor. In addition you will need a grease collection service to pick up any used grease. For more information check out the Grease section.
4. LightingYou will need to adhere to the following lighting requirements:
- Lighting in food preparation and food equipment areas must be sufficient to meet 50 footcandles at work surfaces
- Lighting in storage areas, toilet rooms, locker rooms, garbage storage areas, dining areas during cleaning, utensil washing areas, bar, wait station, and service areas must be sufficient to provide 20 footcandles at 30 inches from floor surfaces
- Light bulbs and tubes must be shielded in food preparation, food storage, and utensil storage areas to prevent glass from falling into food or onto utensils
For more information on lighting requirements visit our Lighting / Power page.
5. PowerYou will also need to contract with a local provider to provide electricity and power to your establishment. If you plan on using gas fuel-burning equipment you’ll need a Gas Permit.
3. Equipment / Finishes
(I. Structural Review)
This section deals
with regulatory requirements for equipment and finish material. If you want more information on
which equipment you need to buy, visit our Equipment
workspace.
For more information on specific health codes and regulations in Baltimore read through the complete Health Code here.
Equipment Requirements
- Refrigeration equipment must be 41 degrees and below. Freezer units must be able to go 0 degrees and below.
- Ice Machines must be accompanied with an ice scoop.
- Ice Machines, soda fountain carbonators, drink dispensers, and dish machines must be equipped with an appropriate back flow prevention device to prevent contamination of the water supply and food product
- Walk-in fridges and freezers need adequate shelving to store items properly and allow for proper circulation
- Thermometers are provided in all refrigeration, hot storage equipment, and freezer units used for potentially hazardous foods that are accurate, easily readable, in proper working condition, and calibrated every 2degrees F
- Counters and cabinets will open on the business side to allow for easy cleaning; be equipped with casters
- You must have an HVAC system which handles heating, ventilation and air conditioning
- Record the make, model number, and capacity in cubic feet per minute of mechanical equipment located over cooking, steaming, and dishwashing equipment and restroom areas
- Food preparation and food preparation equipment may not be located in areas accessible to the public
- Counters and cabinets must be open on the business side to allow for easy cleaning. They must also be equipped with casters or sealed to the wall, floor, or other food service equipment with an acceptable sealant such as caulk or flashing to a cap no greater than 1/32”
- Shelving must be elevated at least 6” above the floor and placed so that there is sufficient space for cleaning
- Stationary food equipment including walk-in coolers, proofers, rack ovens, floor mixers, and floor mounted equipment must have sufficient space to allow for cleaning or must be sealed with an acceptable sealant to the wall, floor, or other food service equipment with a gap no greater than 1/32”
- Splashguards are required on sinks to protect food from contamination
- Gloves and utensils must be provided for handling ready-to-eat foods. Bare hand contact of ready-to-eat food is not permitted
- Toxic and poisonous material must be maintained separately from food storage, food preparation, food equipment, utensil washing, and utensil storage. Toxic material must be prominently and distinctly marked
- Have detailed plans for ventilation hoods located over cooking equipment and dishwashing equipment where water temperature is used as the sanitizing agent or where excess condensation is expected to occur. Detailed plan must include the following:
- 12” overhang on all open sides above cooking equipment
- An 18” overhang above charbroilers or for food equipment with pull out drawers
- Ventilation hood meets NSF standard 2 and NFPA 96
- Ventilation hood is designed to achieve 20 cfm at the cooking surface and is capable of meeting this standard through a field test using a smoke candle at the pre-opening inspection
- An air quality permit is required for charbroilers with cooking surfaces greater than 5 sq. feet.
Finish Requirements
- Record the type of interior surfaces for floors, walls, and ceiling in food preparation areas, utensil, and dishwashing areas, food storage, and restroom areas
- The finish surfaces on walls in food preparation, food storage, utensil washing, and toilet room areas must be smooth, washable, water and grease resistant to a level above the splash zone or highest level reached by potential splashes of food or water. Examples of acceptable materials include painted surfaces with a satin grade finish or greater, ceramic tile, quarry tile, or stainless steel.
- The finish surface on floors in food preparation areas, utensil and dishwashing areas, food storage, and restroom areas must be smooth and durable. Acceptable materials include: epoxy, sealed concrete, quarry tile, ceramic tile, commercial grade continuous sheet vinyl, or similar material. Carpet tiles are not permitted where liquid food products are served, stored, or displayed
- The finish surfaces on ceilings in food preparation and utensil and dishwashing areas must be smooth and washable. Ceiling tiles may not be perforated or contain a fiberglass backing
- Exposed construction such as exposed floor and ceiling rafters, trusses or beams, utility ducts and lighting must be limited to dining areas, dry food storage areas and may include areas over self-service beverage dispensing equipment. The exposed construction may not extend into bar areas or beverage dispensing areas where utensil washing or food or drink is prepared.
Summary
(II. Health Requirements)
There are various
materials and inspections required by the Department of Health before you open.
These standards are put in place to ensure that your food and environment does
not endanger people’s health.
Health Requirements can be broken down into:
1. HACCP Plan
(II. Health Requirements)
The Hazard Analysis Critical Control Point (HACCP) Plan ensures that you have strategies to handle food at specific temperatures regulated by the FDA standards. The process consists of meeting with a HACCP Plan Review Specialist to create a plan. The final plan will be submitted to the government for review.
The HACCP Plan analyzes Critical Control Points (CCPs), or points in your cooking process where certain steps must be taken to avert food safety hazards. An example could be checking the internal temperature of chicken to make sure it's fully cooked, or making sure a hot dish is cooled before serving to prevent burns. You must list all CCPs you will encounter while cooking your menu items and explain your plan to ensure that food is consistently safe for customers. You must analyze each item on your menu for CCPs and discuss your strategy for ensuring safety at each CCP.
You also need to schedule a meeting with an HACCP Specialist within the Department of Health. These specialists can help create your plan and ensure that everything looks good before submitting it to the county board for approval.
If you need help completing your HACCP Plan make sure to check out classes offered online
For additional information, refer to the HACCP Guidelines and Examples.
2. Classes / Certifications
(II. Health Requirements)
All managers must be certified in a Food Safety course and be a licensed Food Manager. The classes required are usually 16-hours for first timers, including a must-pass examination at the end. The class and exam usually cost around $140-$210 per person. It is highly recommended completing this class at the beginning of your process as it will give you lots of information on other requirements and best practice strategies.
Lists of classes can be found here:
After completing the class you'll need to apply for a Food Manager License. This license needs to be renewed every 3 years. When applying make sure to specify which class you took on the Food Manager Application as well as a copy of your completion certificate.
For more information about the Food Manager Application or instructions on filling it out leverage Baltimore City's Guide.
3. License / Inspections
(II. Health Requirements)
Two of the final steps before legally opening your restaurant involve submitting a Food Facility License and passing an inspection by the Department of Health. Make sure you have finished your building and completed you HACCP Plan before applying for a License and scheduling an inspection.
The inspection will look specifically at the following:
- Food is obtained from an approved source
- Food is protected from adulteration, spoilage, and contamination
- Food is restricted during illness or infection
- Food workers practice effective handwashing
- Food is properly cooled
- Food is held at proper cold holding temperature
- Food is held at proper hot holding temperature
- All existing refrigeration equipment must maintain the internal temperature of potentially hazardous food at 41 degrees F or less
- Food is cooked to proper temperature
- Food is reheated to proper temperature
- Potable hot and cold running water is provided
- Sewage is properly discharged
In order to request an inspection, contact the Department of Health at: 410-396-4424
For additional information check out Maryland's Inspection Rules
III. Employees
When you hire any employee you must conform to both state and federal regulations. While this can be burdensome, all of these regulations must be followed or you will put yourself at risk of getting sued by an employee or competitor. Many people consider hiring an Employer Lawyer to help them comply with regulations and steer clear of problems.
Below are some of the major tasks to implement when first hiring your employees.
- Obtain a Federal Employer Identification Number (FEIN)
- Set up Records for Withholding Taxes
- Employee Eligibility Verification
- Register with Maryland New Hire Reporting Program
- Obtain Workers' Compensation Insurance
- Post Required Notices
- File Your Taxes
- Set up Record Keeping
1. Obtain a Federal Employer Identification Number (FEIN)This should be completed early on right after registering your business with the state. An FEIN must be obtained for your business through the IRS before you hire any employees. It is necessary for reporting taxes and other information to the IRS and state agencies. For more information visit the Obtaining an FEIN section.
2. Set up Records for Withholding TaxesAccording to the IRS, you must keep records of employment taxes for at least four years. At least three types of withholding taxes are needed for your business:
- Federal Income Tax Withholding: Every employee must provide an employee with a signed withholding exemption certificate (Form W-4) on or before the date of employment. The employer must then sign and submit the form to the IRS.
- Federal Wage and Tax Statements: Every year employers must report to the federal government wages paid and taxes withheld for each employee. This report is filed using form W-2 . Employers must complete a W-2 for each employee.
- Maryland Withholding Taxes: Maryland has its own requirements for withholding. Click here for additional information.
3. Employee Eligibility VerificationFederal law requires that employers verify an employee's eligibility to work in the United States. Within three days of hire, employer must complete Form I-9, which requires employers to examine documents to confirm the employee's citizenship or eligibility to work in the U.S. You can use the government's E-Verify Website to help ensure that employees are legally allowed to work in the U.S.
4. Register with Maryland's New Hire Reporting ProgramFederal and State law requires that you report information about employees within 20 days of hiring them. This information must include at least:
- Employee's Full Name & Employer's Full Name
- Employee's Address & Employer's Address (where income withholding orders should be sent)
- Employee's Social Security Number & Employer's FEIN
- Employee's First Day of Work & Employer's State of Maryland Unemployment Insurance Number
- Employee's availability of medical benefits
- Employee's salary and pay frequency
This information can be sent electronically here or through mail using the Maryland New Hire Form.
5. Obtain Workers' Compensation InsuranceAll businesses with employees are required to carry workers' compensation insurance coverage. Refer here for forms / applications that must be submitted to the Maryland Workers' Compensation Commission. Make sure to check out our network of Insurance Agents / Brokers and Insurance Carriers for help in obtaining this coverage.
6. Post Required NoticesEmployers are required to display certain posters in the workplace that inform employees of their rights and employer responsibilities under labor law. Required posters can be found here. Many companies sell all necessary posters in bulk. Make sure to check out our directory of vendors for such companies.
7. File Your TaxesAny employer who pays wages that are subject to income tax withholding, Social Security, and Medicare taxes must file Form 941, Employer's Quarterly Federal Tax Return. In addition to maintaining a good tax record keeping, we highly recommend consulting an Accountant when addressing your restaurant's tax requirements.
Ongoing Legal RequirementsBeing a good employer doesn't stop with fulfilling initial tax and reporting obligations. Complying with Occupational Safety and Health Act (OSHA) standards, equal opportunity standards, and fair labor standards is an ongoing legal requirement. For more information regarding these standards, please refer to the following websites.
IV. Liquor License
This page will outline steps for obtaining a new Liquor License as well as transferring ownership of an existing License.
Obtaining a Liquor License can often be a very time-consuming process. Many choose to hire a Lawyer to assist them in this step. Check out our Vendors Page for specific lawyers around you.
In addition, there are many different types of liquor licenses depending on what drinks you plan to serve and the recreational activities centered around drinking on premise. Make sure to know which license you plan to get. The options are HERE.
In order to be considered for a Liquor License you must submit the following for review:
- Completed Application Form
- Floor Plan Diagram
- Employee Eligibility Verification
- Financial Forms
- Corporate Papers (Articles of Incorporation)
- Certificate of Incorporation
- Background Check Confirmation Report
- Proof of Payment from Zoning
- Application Fee ($600.00)
- Agreement of Sale (if applicable)
- Affidavit of Compliance (if transferring License)
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Good luck with starting your business and we look forward to working with you.
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Good luck with starting your business and we look forward to working with you.
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