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NYC Food Concession Requirements

    • New York City food concession requirements are designed to protect the public.restaurant image by Leonid Nyshko from Fotolia.com

      The New York City Department of Health and Mental Hygiene (DOHMH) administers food concession requirements in the city. The regulations apply to any individual or establishment that serves food to consumers. The rules cover bars, restaurants, bakeries and pizzerias, whether the food is carry-out or consumed on the premises. Workplace cafeterias, senior centers, emergency food services, and private and public schools must also comply. Religious institutions, charitable organizations and nightclubs also have an obligation to adhere to DOHMH rules.

    Food Permit

    • Before opening a food concession, the operator must secure a valid state DOHMH food service establishment permit. This process ensures the food concession meet the standards for food safety. Before applying for the permit, the individual must obtain an Employee Identification Number and complete the application to collect sales tax as a vendor. The person, or supervisor, must also have a food service certificate.

    Inspections

    • New York statutes call for the Fire Department of New York to inspect all food service establishments. In addition, the building must comply with city electrical codes. The operator may produce a declaration from a licensed electrician on company letterhead that states the premises meet electrical codes. The owner may also show a certificate of occupancy from the Department of Buildings.

    Business Certification

    • The owners of catering business must obtain business certificates based on the type of business structure. For example, entities operating as sole proprietorships, under names other than their own, must submit business/assumed name certifications to the clerk's office in the county where they operate their catering enterprise. Food concession partnerships must also file partnership certifications.

      Other business structures, such as corporations, limited partnerships, limited liability partnerships and limited liability companies must register with the New York Department of State and file a business/assumed name certification. Entities with out-of-state incorporation must submit a certificate of good standing from their home state.

    Tax Identification Numbers

    • Food concession owners need to follow federal and New York laws to understand their tax obligations. Caterers must obtain a sales tax identification number or a certificate of authority application confirmation number. This number is required on the application form. The state Department of Taxation and Finance can provide either of these numbers.

    Certificate of Occupancy

    • The law requires a certificate of occupancy or a temporary certificate of occupancy before beginning operations. Another option for the food concession operator entails obtaining a letter of "no objection" from the Department of Buildings. The certificate must have a "Use Group 9" or "Use Group 10" designation, referring to the type of establishment. For example, Use Group 10 comprises large retail operations. In addition, premises in a hotel must show approval for a banquet hall or catering establishment.

    Other Requirements

    • Food concession owners must resolve any issues with the Environmental Control Board. Owners of sole proprietorships and general and limited partnerships must submit child certification forms. Anyone filing an application on behalf of the license applicant must include a granting authority to act affirmation.

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