Last reviewed: July 2026

Restaurant Licenses in Texas (2026 Guide)

Opening a restaurant in Texas involves layered state and local permits. The Texas DSHS governs food safety at the state level, but the primary day-to-day enforcement authority for most restaurants is the local city or county health department. A Certificate of Occupancy from the city is also required before opening, and alcohol service requires a TABC permit that can take weeks to process.

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Licenses & Permits for Restaurants in Texas

Food Establishment Permit State
Issued by: City or county health department (delegated from DSHS in most cities)
The core operating permit for restaurants. Issued by the local health authority, it requires a plan review of your kitchen layout, equipment, and food handling procedures before opening, plus ongoing annual inspections.
Food Manager Certification State
Issued by: Texas Department of State Health Services (DSHS) — via approved certifiers
Texas requires at least one certified food manager per food establishment. Certification is obtained by passing an ANSI-accredited exam (ServSafe, Prometric, etc.) and must be renewed every five years.
TABC Permit (if serving alcohol) State
Issued by: Texas Alcoholic Beverage Commission (TABC)
Restaurants that serve beer, wine, or mixed beverages need the appropriate TABC permit. Options include a Mixed Beverage Permit, Beer/Wine Retailer's Permit, or other types depending on what you serve. TABC applications can take 60–90 days.
Certificate of Occupancy Local
Issued by: City building department
Issued by the city once a restaurant space has passed all required building inspections (fire, electrical, plumbing, ADA). A restaurant cannot legally open for business without a valid CO for its space.
City Business Registration / Sales Tax Permit Local
Issued by: City clerk / Texas Comptroller
Local business registration and a state sales tax permit are required. Restaurant food sales have complex Texas sales tax rules — some prepared foods are taxable and some are not. Consult the Texas Comptroller's guidance.
General information only — not legal advice This guide reflects typical licensing requirements as of July 2026. Requirements change frequently and vary by city, county, and specific business circumstances. Always verify current requirements directly with the relevant issuing authorities before operating your business. This is not legal advice — consult a licensed attorney or business advisor for guidance specific to your situation.