As discussed in an earlier piece, the difference between a bar (closed), nightclub (also closed), and restaurant (open) is sometimes only the issuance of a public food service establishment license from the Division of Hotels and Restaurants. Some bars are pursuing a food service license and incorporating streamlined (but compliant) kitchen operations in order to open their doors. With operators across the state making that transition in order to open, the public food service establishment licensing process has become a hot topic.

With that in mind, the firm is sharing the following licensing materials from the state Division of Hotels and Restaurants (scroll down). Contact the firm if you have any questions about maintaining compliance with the state’s directives, including those related pivoting to a public food service establishment.

HOTELS AND RESTAURANTS – GUIDE TO PERMANENT FOOD SERVICE

What is a Seating license?

A Seating license is a type of food service license for a permanent structure that includes seats for customers to eat or ‘dine in’. This is the most common food service license and is typically what people think of when someone refers to a restaurant. In addition to dining in a Seating license covers take-out/delivery and catering services. Food safety requirements for a Seating food service license are the same as other fixed food service licenses.

APPLY FOR A SEATING LICENSE

How many seats do I have? The number of seats is determined by how many seats are under the control of the food service establishment. Seating limits are established by building design, building code, fire safety, water and sewer capacity, and other considerations under the jurisdiction of local authorities.

Note – Septic Systems: Establishments on septic systems must obtain approval from Department of Health or Department of Environmental Protection. Many septic systems are not equipped for food service operations and could need extensive upgrades prior to approval. Contact your local County Health Department for assistance with septic system and well water approvals early in your business planning phase.

Steps to acquiring a Seating or Non-seating license:

There are generally four steps to acquiring a food service license with the division:

1. Create your DBPR Online account

2. Apply for and complete plan review (only if required)

3. Apply for a license and pay the license fee

4. Schedule and pass the licensing Inspection

Notes: Steps 1 – 3 can be completed online. If plan review is required, we recommend applying for both license and plan review at the same time using one of the combination applications available via DBPR online services.

Acquiring a DBPR licensed kitchen intact and no changes are made or sharing a DBPR licensed kitchen:

No plan review is required if the kitchen is already licensed by the division and no changes are made. Verify the license number of the kitchen by searching here. Save the license number, it will be needed for the application.

Licensing a new kitchen or taking over and remodeling any kitchen:

Plan review is required if an operator constructs or uses a space that has never been licensed by the division, has been closed for more than one year, or has been remodeled. In general the plan review process ensures food service facilities meet sanitation and safety standards. In addition to the application to complete the plan review process you will need a plan of the establishment with equipment labeled and a sample menu. For more details about plan review visit the plan review page.

Application Tips

• For fastest turnaround apply using DBPR online services and upload all required documents at time of application.

• All DBPR food service licenses have a 7 digit numerical license number. Before purchasing a food service business verify the license by searching here.

• If changing ownership ensure the location address on the application matches the location of the licensed kitchen.

• If a plan review is required check the plan review page before submitting your application.

Fees:

To estimate license fees, please use our license fee calculator. For a detailed breakdown of fees see the food service fee page.

Opening Inspection

All new licensees are required to pass a sanitation and safety inspection prior to opening. After meeting all requirements of the plan review and submitting your license application and fees, check your approved plan review packet for Inspector contact information or contact the department at 850.487.1395 to schedule an opening inspection. For more information about inspections view the inspections page.

Requirements

Once licensed, operators must meet and maintain all applicable standards of a public food service establishment as provided in rule, code and statute. Conduct all food storage and food preparation operations in an approved, licensed food service establishment.You may not conduct food operations in a private residence.

Division personnel inspect as often as necessary for enforcement of the provisions of law and rule, and the protection of the public’s health, safety, and welfare. Non-Seating food service license operators must permit division personnel right of entry at any reasonable time to observe food preparation and service. If necessary, division personnel may examine records of the unit to obtain pertinent information regarding food and supplies purchased, received or used.

Florida’s coronavirus situation is changing rapidly. Click here to view the firm’s most-recent updates on the regulatory response affecting hotels, restaurants, bars, resorts, and the alcoholic beverage industry. The Department of Business and Professional Regulation’s frequently-updated resource page is available here.

Please note that this page is made available by the law firm for educational purposes only, and that it is not intended to provide specific legal advice. Visiting this page does not create an attorney-client relationship between you and the firm.