Regulations / Compliance

(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:

Structural Tracker
Tool
Structural Tracker
Tool
Structural Plan Application
Structural Plan Application
HACCP Guidelines and Examples
HACCP Guidelines and Examples
Food Facility License Application
Food Facility License Application
Food Manager Regulations
Food Manager Regulations
Food Manager Application
Food Manager Application
Min. Wage and Overtime Law (MD)
Min. Wage and Overtime Law
(MD)
SBA New Employee Checklist
SBA New Employee Checklist
Form W-2
Form W-2
Form W-4
Form W-4
Maryland New Hire Reporting Form
Maryland New Hire Reporting Form
Form 941
Form 941
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
  2. Utilities
  3. Equipment / Finishes
1. Zoning / Building
(I. Structural Review)


This section will be broken into four parts.

  1. Zoning
  2. Building
  3. Accessibility
  4. Fire Safety


1. Zoning

Before purchasing a property make sure that your area is zoned for commercial usage. You can check the zoning of Howard County 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 Howard County’s rezoning website.


2. Building

In order to build a new property or significantly alter an existing one the construction company will need to apply for a building permit from the county government. A building permit must be secured BEFORE any work is done on building construction. Usually a construction contractor will assist with the building permit application process. For more information on building permits check out our Resources below.
  1. Building Permit Application
  2. Building Permit Requirements
  3. Building Permit Supplemental Information Sheet
  4. Architectural Plans
  5. Building Permit Application Fee Information


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

For more information about additional requirements or scheduling an inspection, contact the Fire Marshall’s office.   
2. Utilities
(I. Structural Review)


This section will cover regulations concerning the following utilities.

  1. Plumbing
  2. Trash
  3. Grease Disposal
  4. Lighting
  5. 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 have a trashcan in all restrooms. 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.

Make sure you record the name, manufacturer, and serial number of all equipment you buy. For more information on specific health codes and regulations in Howard County read through the complete Health Code here.

Make sure to do the following to comply with county regulations specified in the Plan Review.

Equipment Requirements

  • Show equipment either sealed to adjacent surfaces, on NSF approved casters, or equivalent, or spaced as follows: Length of side Width of space 2 feet 6 inches 2-4 feet 8 inches 4-6 feet 12 inches over 6 feet 18 inches
  • Specify that all floor-mounted equipment will be either placed on NSF approved 6-inch legs, or equivalent and properly spaced from adjacent equipment or walls, or placed on NSF approved casters, or properly sealed to the floor. Installation on hollow masonry
  • Indicate that all counter mounted equipment (weighing in excess of 80 pounds) will be placed on NSF approved 4-inch legs, or equivalent, or properly sealed to the counter at all adjacent surfaces.
  • Shelving intended for storage or holding of open foods or utensils should be a minimum of 18 inches from the floor.
  • All exterior doors must be self-closing and rodent proof
  • All restrooms must be equipped with mechanical exhaust ventilation sized at a minimum rate of two cubic feet per square foot of floor areas and exhausting directly outside
  • If exposed food or clean utensils will be within 15 inches of the handsink OR the handsink is mounted in the countertop, a guard at least 18 inches high must be provided to contain the splash in the sink area.
  • The floors of walk-in boxes are to be graded to drain to the outside through a waste pipe, doorway, or other opening when flushing with water is the method of cleaning.
  • No overshelves or salamanders are allowed above cooking surfaces.
  • You must have an HVAC system which handles heating, ventilation and air conditioning
  • Submit shop drawings for all food guards.
  • Complete scaled shop drawings showing a minimum 12 inch overhang (18-inch overhang required for charbroiler), position of equipment underneath, filter placement and type, plenum air chamber, duct openings. cfm of fan, duct velocity, gauge of materials, etc
  • Waste receptacles are in all toilet rooms
  • Bathrooms must have soap and paper towels
  • All restrooms will be equipped with mechanical exhaust ventilation sized at a minimum rate of two (2) cubic feet per square foot of floor areas and exhausting
  • Splashguards are required on sinks to protect food from contamination
  • Food Preparation, utensil washing, and food handling areas must have sinks
  • Three Compartment Sinks must be:
  • Equipped with integral left and right drainboards
  • Individually and indirectly drained and provided with an air gap
  • Must be of adequate length, width and depth to accommodate the largest piece of equipment or utensil necessary for the operation of your facility. Each sink must be individually and indirectly drained and provided with an air gap. The floor sink must capture the discharge from the three filled sinks (no splash or overflow). Provide sanitizer and appropriate test kit.
  • If exposed food or clean utensils will be within 15 inches of thehandsink OR the handsink is mounted in the countertop, a guard at least 18 incheshigh will be provided to contain the splash in the sink area.
  • An air quality permit is required for charbroilers with cooking surfaces greater than 5 sq. feet.


Dishwasher Requirements

  • A pressure gauge is required immediately upstream from the final rinse control valve and downstream from a line strainer. The pressure gauge must read between 15 psi and 25 psi. The gauge must be installed on a 1/4 inch IPS petcock.
  • If a hose spray is needed for scraping, indicate backflow prevention
  • If a booster heater is used, indicate the operating temperature of the building's water heater.
  • If the booster heater is located more than (5) feet from the dishwasher, specify that a recirculating pump will be installed in the booster heater system.
  • Provide properly installed vacuum breaker for backflow prevention.
  • Specify the manufacturer and model number of the NSF or equivalent, approved detergent and chemical feeders. Submit plans for ventilation.
  • The chemical dishwasher must have a visual or audible indicating device, or other means obvious to the operator, to easily verify the chemical flow. Test papers must be present to check the sanitizer concentration.

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.
  • All painting will be with lead-free, non-metallic enamel paint or a high quality varnish.
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
  2. Classes / Certifications
  3. License / Inspections
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:

  1. Premier Food Safety Courses
  2. Maryland Food Safety Training
  3. HRB Universal Certification

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. 
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:

  1. Food is obtained from an approved source
  2. Food is protected from adulteration, spoilage, and contamination
  3. Food is restricted during illness or infection
  4. Food workers practice effective handwashing
  5. Food is properly cooled
  6. Food is held at proper cold holding temperature
  7. Food is held at proper hot holding temperature
  8. All existing refrigeration equipment must maintain the internal temperature of potentially hazardous food at 41 degrees F or less
  9. Food is cooked to proper temperature
  10. Food is reheated to proper temperature
  11. Potable hot and cold running water is provided
  12. Sewage is properly discharged

In order to request an inspection, contact the Department of Health at: 410-313-6300
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.
  1. Obtain a Federal Employer Identification Number (FEIN)
  2. Set up Records for Withholding Taxes
  3. Employee Eligibility Verification
  4. Register with Maryland New Hire Reporting Program
  5. Obtain Workers' Compensation Insurance
  6. Post Required Notices
  7. File Your Taxes
  8. 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 Taxes
According 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:
  1. 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.
  2. 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.
  3. Maryland Withholding Taxes: Maryland has its own requirements for withholding. Click here for additional information.

3. Employee Eligibility Verification
Federal 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:
  1. Employee's Full Name & Employer's Full Name
  2. Employee's Address & Employer's Address (where income withholding orders should be sent)
  3. Employee's Social Security Number & Employer's FEIN
  4. Employee's First Day of Work & Employer's State of Maryland Unemployment Insurance Number
  5. Employee's availability of medical benefits
  6. 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:
  1. Completed Application Form
  2. Floor Plan
  3. Employee Eligibility Verification
  4. Plans or Specifications of the Actual Building
  5. Police Questionnaire Form
  6. Official Business Papers
  7. $260.00 Application Fee
  8. Legal Advertisement

For more information visit Howard County’s Website or leverage their Liquor License Checklist
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