How to Open a Restaurant in Pennsylvania: PDA or County Health Department Licensing

Opening a restaurant in Pennsylvania means holding a food license before you sell a single meal, and the agency that issues that license depends on where the restaurant is located. Most of the state is licensed by the Pennsylvania Department of Agriculture (PDA) through its retail food facility license. Seven counties and some municipal health departments license food on their own. If you have searched for a “pa food license” or a “food license pennsylvania,” the answer you need depends on your address. This guide covers how to find out who licenses you, what to gather, the steps in order, the fees the state has published, and the mistakes that delay openings.

This article is informational content, not legal, tax, or licensing advice. Rules change, and local health departments can add requirements on top of state rules. Confirm each step with the agency that issues your license before you sign a lease or buy equipment. For complex situations, talk with a Pennsylvania attorney or CPA.

Step 0: Find out who licenses your restaurant

There is no state general business license in Pennsylvania, and there are no county business licenses. Food service is different because it is licensed by activity and location. Here is how the split works:

Where the restaurant is located	Who issues the food license
Most of Pennsylvania (any county not listed below)	Pennsylvania Department of Agriculture, retail food facility license
Allegheny, Bucks, Chester, Delaware, Erie, Montgomery, or Philadelphia County	That county’s health department
Some municipalities with their own health department	The municipal health department

Each local health department licenses separately, so a PDA license does not carry over into one of the seven counties, and a county license does not cover a restaurant elsewhere in the state. If your address sits near a county line or inside a municipality that runs its own health department, confirm the jurisdiction with the local agency before you apply. Do not assume the county you live in is the county that licenses the building.

Materials and information to gather before you apply

Pull these items together before you contact any agency. Missing documents are the most common reason a plan review stalls.

• Business entity documents. If you form an LLC, have the filed Certificate of Organization and the Docketing Statement ready. Keep the legal name exactly as it appears on state records.
• Pennsylvania registered office address. Pennsylvania uses a registered office, not a registered agent. You need a street address in Pennsylvania, not a post office box.
• Federal Employer Identification Number (EIN). You need one for your entity and for tax registrations.
• The restaurant address and zoning confirmation. Confirm with your municipality that food service is allowed at the address before you commit.
• A scaled floor plan. Show cooking, prep, dish, and storage areas, handwashing sinks, restrooms, refrigeration, and the seating layout.
• An equipment list. Include specification sheets for ranges, hoods, refrigeration, warewashing equipment, and any hot or cold holding units.
• Your menu and preparation methods. List which foods you prepare on site, which you buy pre-prepared, and any food you plan to cool, reheat, or hold.
• Your seat count. The seat count affects which PDA fee tier applies.
• Certified food employee documentation. Keep the name and exam result of the person who will meet the certified food employee requirement.

Step-by-step: from business formation to your license

Step 1: Confirm the licensing authority for your address

Before anything else, confirm whether PDA or a county or municipal health department licenses your location. Call or write to that agency and ask which plan review form they use, whether they accept electronic submissions, and what their current review timeline is. The PDA’s retail food program sits under the Pennsylvania Department of Agriculture, which you can find by searching the agency name on pa.gov. Get the answer in writing if the building is near a boundary. This single step prevents the most expensive mistake in this process: buying equipment and designing a kitchen to the wrong agency’s standards.

Step 2: Form your business and register its name

Most restaurant owners form an LLC. The Pennsylvania Department of State files the Certificate of Organization (Form DSCB:15-8821) with a Docketing Statement (DSCB:15-134A). The filing fee is $125. Processing takes about 15 business days, and optional expedited service is available online or in person only. Same-day service (received before 10:00 a.m.) adds $100, 3-hour service (received before 2:00 p.m.) adds $300, and 1-hour service (received before 4:00 p.m.) adds $1,000. A separate $70 Special Processing fee applies if you need multiple same-day documents filed in a specified order.

Your LLC name must include “company,” “limited,” or “limited liability company,” or an abbreviation of one of those terms. It cannot include words that suggest a business corporation, such as “corporation” or “incorporated.” The name must also be distinguishable from names already on file. If you need time to finalize a name, you can reserve it for 120 days for a $70 fee.

If you form a corporation instead, the filing fee is also $125, but corporations must advertise the filing in two newspapers of general circulation, one preferably a legal journal, and keep proof in the corporate minutes. LLCs have no publication requirement.

If you will open under a trade name that differs from your legal name, you must register a fictitious name (Form DSCB:54-311). The fee is $70, and you file it with the Department of State, not with your county. It is a statewide filing.

Step 3: Register for taxes through myPATH, and handle Philadelphia first

Pennsylvania retired the PA-100 in 2022. Register for your sales tax account through myPATH, which you can reach from the Department of Revenue’s page at pa.gov/services/revenue/register-my-business-for-taxes. The state sales tax rate is 6 percent. Confirm with the Department of Revenue which of your sales are taxable before you set your menu prices, because restaurant sales and some other items can fall under different treatment.

If your restaurant is in Philadelphia, you must complete a few steps before the food license. You need a Commercial Activity License and a Business Income and Receipts Tax (BIRT) account. Those are City of Philadelphia requirements, so confirm the fees and the order of steps with the City before you submit your food license application.

Step 4: Lock in zoning, building, and any liquor plans early

Restaurant buildouts stall most often on zoning and building issues, not food licensing. Confirm that food service is a permitted use at the address, that the building’s occupancy classification fits your seating plan, and that your ventilation and grease handling meet local rules. If you plan to serve alcohol, start the liquor conversation now, because the Pennsylvania Liquor Control Board (PLCB) issues licenses under a quota system tied to location. Availability can determine whether you can serve alcohol at all, so do not promise liquor sales in a lease or business plan until you have confirmed it with the PLCB.

Step 5: Submit your plans at least 60 days before you sell food

Submit your floor plan, equipment list, menu, and food preparation information to the licensing agency at least 60 days before you plan to sell food. PDA decides within 15 business days of its review. Plan around the review period rather than the day you want to open. If the plan is rejected or needs revisions, the revision cycle can add weeks, so submit a complete package the first time. A plan that arrives with blank sections, unclear equipment, or no menu usually gets sent back.

Step 6: Assign a certified food employee

Under 3 Pa.C.S. 6504, a food establishment must have at least one certified food employee present or immediately accessible during all hours of operation. The employee must be certified within 3 months of licensing. Most people meet this requirement by passing an accredited food protection manager exam. This is the food safety certification Pennsylvania restaurants must have in place, and it is not the same as an employee food handler card. Name your certified food employee in your plans, and build the schedule so that person is on site or can reach the restaurant immediately during every operating hour.

Step 7: Pass the pre-opening inspection and pay the license fee

Once your plans are approved and the build is complete, the licensing agency inspects the restaurant before it opens. The PDA retail food facility license fees are:

• New retail food facility license: $241
• New owner-operated facility with under 50 seats: $103. Confirm your eligibility with PDA before you pay the lower amount.

Expect follow-up inspections if the restaurant fails the first one. PDA charges $150 for a second follow-up inspection and $300 for a third. Those fees add up quickly, so correct the deficiencies you can see before the inspector arrives. Fees for county and municipal health departments are not listed in this guide, so confirm them directly with the agency that licenses your address.

Step 8: Add a liquor license if you need one

If you want beer, wine, or spirits, you apply through the PLCB and work within its quota system. Start this step as soon as you know your location, because quota availability in your municipality can be the deciding factor in whether liquor is practical. Keep in mind that a PDA or county food license does not authorize alcohol service.

Step 9: Renew each year and report changes

The PDA annual renewal fee is $82. A change of ownership also costs $82, so plan for it if you sell or transfer the business. Calendar your renewal date when you receive the license. Missing renewal can interrupt service, and the state can treat an operation without a current license as unlicensed.

Separately, your LLC must file its annual report with the Department of State each year from January 1 through September 30. The annual report fee is $7, and it is filed online at file.dos.pa.gov. Corporations file between January 1 and June 30. The annual report is a state business requirement, separate from your food license.

Fee summary

Item	Amount	Issued or filed by
LLC Certificate of Organization	$125	Department of State
LLC annual report	$7 (due January 1 to September 30)	Department of State
Name reservation (120 days)	$70	Department of State
Fictitious name (DBA) registration	$70	Department of State
PDA new retail food facility license	$241	Pennsylvania Department of Agriculture
PDA new owner-operated facility under 50 seats	$103	Pennsylvania Department of Agriculture
PDA annual renewal	$82	Pennsylvania Department of Agriculture
PDA change of ownership	$82	Pennsylvania Department of Agriculture
PDA second follow-up inspection	$150	Pennsylvania Department of Agriculture
PDA third follow-up inspection	$300	Pennsylvania Department of Agriculture
County or municipal health department license	Confirm with the agency	Local health department
Philadelphia Commercial Activity License and BIRT account	Confirm with the City	City of Philadelphia
PLCB liquor license	Confirm with the PLCB	Pennsylvania Liquor Control Board

Common mistakes that delay Pennsylvania restaurant openings

• Assuming a PDA license covers a county with its own health department. Allegheny, Bucks, Chester, Delaware, Erie, Montgomery, and Philadelphia counties license food locally. Confirm the agency before you design the kitchen.
• Submitting plans too late. Plans need to reach the agency at least 60 days before you sell food. Work backward from your target opening date.
• Treating the certified food employee as a formality. The employee must be present or immediately accessible during all hours of operation. Build that into your staffing plan from the start.
• Using a post office box as the registered office. Pennsylvania requires a street address. If you have no Pennsylvania address, a Commercial Registered Office Provider contract under 15 Pa.C.S. section 109 is one option, but it cannot be used for a fictitious name registration.
• Naming an LLC with the word “Corporation” or “Incorporated.” The Department of State will not accept that name for an LLC.
• Filing a DBA with the county. The fictitious name registration is filed with the Department of State, statewide.
• Looking for a PA-100. That form was retired in 2022. Use myPATH.
• Assuming an LLC must publish notice. LLCs have no publication requirement. Corporations do.
• Missing the LLC annual report deadline. LLC annual reports are due by September 30 each year.
• Signing a lease before confirming zoning and liquor availability. A signed lease is expensive to unwind if the location cannot host food service or alcohol as you planned.

What you can expect from the process

A restaurant that works through these steps in order may be better positioned to open on schedule. A complete plan package submitted well ahead of your opening date can help the agency review it without delays from missing documents. Pennsylvania has no general business license, so your food license, tax registrations, and entity filings are the core approvals most food operations need, while zoning and any liquor license add separate reviews. Outcomes depend on the completeness of your filings, the agency’s current workload, and the condition of the build at inspection, so treat any opening date as a target rather than a guarantee.

Official resources

• Pennsylvania Department of State, Bureau of Corporations and Charitable Organizations: pa.gov/agencies/dos/programs/business
• Business Filing Services (formation, annual reports, name reservations): file.dos.pa.gov
• Business entity search: file.dos.pa.gov/search/business
• Fictitious name registration: pa.gov fictitious names page
• Pennsylvania Department of Revenue: pa.gov/agencies/revenue
• Sales tax and business tax registration: pa.gov/services/revenue/register-my-business-for-taxes
• Pennsylvania Small Business Development Centers, for free advising: pasbdc.org

Final checklist before you open

1. Confirm in writing which agency licenses your address.
2. File your entity, register your name, and keep your registered office address current.
3. Register for taxes through myPATH, and complete the Philadelphia steps if they apply.
4. Confirm zoning, building approvals, and liquor availability before you sign a lease.
5. Submit complete plans at least 60 days before you sell food.
6. Certify at least one food employee within 3 months of licensing, and schedule that person for all operating hours.
7. Pass the pre-opening inspection and pay the license fee.
8. Calendar your annual renewal, LLC annual report, and any change-of-ownership filing.

Disclaimer: This article is informational content, not legal, tax, or licensing advice. Fees and deadlines can change, and local health departments may impose additional requirements. Confirm every figure with the agency named before you act, and consult a qualified Pennsylvania attorney or CPA for your specific situation.