How to Open a Restaurant in California?

In California, the first step of opening a restaurant is registering your business with the secretary of state. Then, you obtain city permits and licenses for the business.

By: Brad Nakase, Attorney

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1) What is the restaurant concept?

There are hundreds of different types of cuisine in the world and restaurants of every imaginable theme. The choice here comes down to preference and demand. When considering the proposed location, what type of restaurant does the city, state, or town need? Where is the demand for the new restaurant idea? Importantly, what makes the new eatery unique?

Another way to think about this opportunity is by capitalizing on the current trends. What types of restaurants are trending, and what types of cuisine will become trendy next? For example, if food trucks are gaining popularity in the entrepreneur’s chosen area, perhaps that is the direction.

2) Create a Business Plan

Entrepreneurs should consider their restaurant business plan as a road map for their future in the industry. A business plan serves as the foundation of the business by expressing clear goals and filling in relevant details.

A strong business plan can attract investors, clarify questions the entrepreneur might have, and illustrate any problem areas within the business. Here are 10 questions to help entrepreneurs write an excellent business plan for the new culinary venture.

  • What type of restaurant are you opening? A new owner should be able to pitch their idea and its viability in just a few sentences. Think of this as a highlight reel that will captivate the audience.
  • Who is the target market? What group of people will the restaurant serve, and why will they be drawn to the food and atmosphere?
  • Who are the key competitors? Within the market, which restaurants will the new business be competing against?
  • What is the location? The answer should include a brief rationale for why the business chose this spot.
  • What are the plans for marketing? From social media to traditional word of mouth, there are many ways to advertise the business.
  • What specific resources are needed? Different types of eateries require unique equipment and personnel.
  • Where will profits originate? How will the restaurant create revenue while covering expenses?
  • What is the plan for hiring employees? What businesses make up the competition?
  • What is the food safety plan?

Business plans will vary based on the restaurant’s concept and the entrepreneur’s ideas, but the key is to establish the foundation of the business and show investors the plan for profits and growth.

3) Choose the Correct Location

Sometimes, restaurant popularity all comes down to its location. When selecting a commercial space for the new establishment, consider overall visibility and the amount of foot traffic. Also, be aware of the neighboring restaurants, schools, offices, and other places that might contribute to or take away from the business.

It also makes sense to match up the restaurant’s floor plan with the size and shape of the proposed space to see if it is a fit.

4) Choose the Legal Structure

Before selecting the legal structure of the restaurant, consider its name. If the entrepreneur has an idea for a particular business name that is different than their last name, they should file a “doing business as” or DBA in California. This will prevent anyone else from taking the name.

Next, it is time to select the restaurant’s legal structure. The choice regarding business structure impacts the tax filing process and owner liability, so new business owners should make it carefully. A business attorney can help with the selection process as well.

Sole proprietorship

In a sole proprietorship, the owner is in charge of the company and responsible for all liabilities and debts. Sole proprietorships make the most sense for businesses like food trucks that will not take on fixed assets or hire employees. No formal action is needed to form a sole proprietorship.

Partnership

Partnerships only offer limited protection from liability, and many in the restaurant industry decide against them. However, a business partner can provide funding and help run the restaurant, which can be inviting for some. When forming a partnership, define expectations and responsibilities for each partner early in the process.

C-Corporation

Restaurants are considered high-liability, so C-corporations can be a useful structure. However, setting up a C-corporation relies on officers and a board of directors, making filing taxes more complex.

S-Corporation

S-Corporations are taxed at the individual level, as opposed to corporately. Therefore an S-corp provides the structure of a corporation to owners. However, S-corps will complicate the filing of dividends.

Limited Liability Company (LLC)

Limited liability companies (LLCs) are popular because they offer owners tax simplicity and liability protection. Most small businesses in California form LLCs, and that includes the majority of restaurants.

5) Obtain an Employer Identification Number

An EIN helps the Internal Revenue Service (IRS) monitor the business for tax purposes. However, this number is also needed to hire employees and fill out numerous business documents. Luckily, EINs are easy to obtain.

6) Register for Taxes

Most U.S. states require businesses to pay taxes on income and employment. However, across the states, filing procedures and other requirements may vary, so check in with accountants and tax professionals in the chosen area in California.

7) Obtain Licenses and Permits

New restaurant owners will quickly learn that making sure that licenses and permits are in order before opening is paramount. Some of these will depend on the county or state, so check in with officials in California well before the opening date.

The commons licenses and permits are:

  • Business License
  • Employee Health Permit
  • Food Facility Health Permit
  • Catering Business License
  • Liquor License Permit
  • Seller’s Permit
  • Food Handler’s License, also known as Food Service License
  • Certificate of Occupancy

8) Decide on Funding

Opening a restaurant relies on sound financial planning. In the early planning stages, new owners must estimate operational costs and determine how to acquire funding. Calculating an economic analysis is helpful before the restaurant opens and figuring out the break-even point. After crunching the numbers, apply for funding.

For most restaurants, financing stems from these sources.

-Partners: adding another owner or two can quickly solve financing problems if the restaurant is open to it. Usually, the owners share the costs of the business based on their respective company percentages.

-Loans: small business loans are available through credit unions and banks. Private lenders can also offer funds, but pay attention to their repayment terms.

-Grants: small business grants are available through various local and national organizations, so some research is worth the effort here. Sometimes, a business can find funding through their city or even state.

-Savings: Some entrepreneurs decide to pay for all expenses out of pocket. However, this is a risky move, especially in the restaurant industry.

9) Hire Employees

Before beginning the interview and hiring process, decide how much staff is needed for the restaurant to run effectively. Then, hire managers and additional employees who are passionate, hardworking, and enthusiastic. Managers should have service industry experience, and other staff members (waitstaff, bartenders) should be excited to start.

Now is also the time to decide between using payroll software and processing payroll individually. Remember, restaurant payrolls involve local and federal regulations and laws about tips, so when in doubt, invest in quality software and make life a bit easier.

10) Decide on a Point of Sale system

A restaurant Point of Sale (POS) system allows the business to perform a wide variety of tasks more efficiently. For example, POS systems help with payment processing, management at the front of the house, tips, and customer orders.

Most POS systems also produce reports that allow restaurant owners to run the business more efficiently. Toast, Clover, and Square are three of the top POS system companies but choose the system that makes the most sense for your California restaurant.

11) Order Equipment

A restaurant cannot run without quality equipment, and the specific machines needed can add up quickly. Therefore, be strategic when deciding between purchasing and leasing, and make a list of the essential equipment first, consulting with the chef as needed.

Used equipment is often employed in professional kitchens, especially by new restaurants. Sticking to a strict budget and paying attention to the restaurant’s financial analysis is helpful.

12) Decide on a Menu

Excellent restaurants succeed based on menus that are appealing and smartly put together. The menu is the restaurant’s foundation and should be in harmony with the concept, the brand, and even the name.

An exciting menu can also convince new customers to visit the restaurant to try the cuisine. Adding new dishes to the menu can freshen things up and create a buzz, and succinct but intriguing descriptions can help a menu to succeed.

13) Market the Restaurant

A detailed marketing plan should be in place before the restaurant opens. Traditional marketing strategies include placing ads in local newspapers, billboards, and fliers and using word of mouth. In addition, social media platforms offer a valuable and free way to post food photos, show service videos, and interact with customers. A mix of traditional marketing and a strong presence on the web will lead to a more significant buzz for the new business.

14) Open the Doors

Now that the most critical tasks are crossed off the list, it is time to open the doors. However, the work is just beginning. A restaurant’s launch is a critical time, so why not hold a grand opening, a soft opening, or offer opening discounts or deals to the public? There is no better time to drum up business than during the first few days.

Opening a brand-new restaurant in California is an exciting venture that relies on enthusiasm, confidence, and hard work. However, entrepreneurs who trust their concepts, stay true to their instincts, and continue learning will succeed in a competitive industry.

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