San Jose Restaurant Compliance Guide
Permits, licenses, inspections, and recurring records that apply to restaurants in San Jose. Includes city, county, state, and nationwide requirements.
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Opening a Restaurant
Permits and approvals required before you open.
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Food Facility Plan Review — Santa Clara CountyOne-time (new build or major remodel)Santa Clara County
New and remodeled San Jose restaurants must pass Santa Clara County food plan review before an operating permit is issued.
Raw Fish Parasite Destruction — Nationwide (FDA Food Code)As supplier changes
Fish served raw or undercooked must be frozen for parasite destruction, documented by a supplier freezing letter (some species are exempt).
Food Facility Operating Permit & Inspection — Santa Clara CountyOne-time to open (see annual renewal)Santa Clara County
Every San Jose restaurant must hold a Santa Clara County food facility operating permit, issued after plan approval and inspection.
Business Tax Certificate — San JoseOne-time to register (see annual renewal)San Jose
All businesses operating in San Jose must register and obtain a Business Tax Certificate from the City Finance Department.
Consumer Self-Service (Buffet / Salad Bar) — Nationwide (FDA Food Code)Written procedures (review as menu changes)
Buffets and salad bars require food shields, safe utensils/dispensing, and (if using time instead of temperature) written procedures.
Specialized Processes — Variance & HACCP Plan — Nationwide (FDA Food Code)Before the process / as it changes
Specialized processes (ROP/sous vide, curing, smoking for preservation, acidification, sprouting) require a variance and a HACCP plan from your local health authority.
Seller's Permit (CDTFA) — San FranciscoCalifornia
California restaurants must hold a Seller's Permit from the CDTFA to collect sales tax on taxable meals; each location needs its own.
Zoning & Land-Use Clearance — San JoseOne-time (or on change of use)San Jose
Confirm your San Jose site's zoning allows a restaurant use before leasing or building out.
Building Permit (Tenant Improvement) — San JoseOne-time (per build-out/remodel)San Jose
San Jose restaurant build-outs and tenant improvements require a City building permit through PBCE before work begins.
Certificate of Occupancy — San JoseOne-time (per space/change of use)San Jose
San Jose issues a Certificate of Occupancy / final sign-off once all building inspections pass.
Local Alcohol Approval — San JoseOne-time (plus state license renewal)San Jose
Serving alcohol in San Jose requires local land-use approval (often a Conditional Use Permit) via City Planning, paired with the state ABC license.
Alcohol License (CA ABC) — San FranciscoCalifornia
Serving alcohol in San Francisco requires a California ABC license; a Type 41 (beer/wine) can be applied for directly, while a Type 47 (spirits) typically must be purchased from an existing holder.
Grease Control Device & FOG Program — San JoseOne-time device (see ongoing FOG service)San Jose
San Jose restaurants discharging grease must install and maintain an approved grease control device under the City FOG Control Program (Muni Code 15.14).
Ongoing Requirements
Recurring inspections, renewals, and records you must maintain.
Shellstock Tag Retention — Nationwide (FDA Food Code)Retain each tag 90 days
Restaurants serving molluscan shellfish must keep the shellstock identification tags for 90 days after the container is emptied.
Hood Cleaning — Quarterly RecordsQuarterly
Commercial kitchen hoods must be professionally cleaned every 1–3 months depending on cooking volume. Proof may be requested by fire marshals, insurers, and landlords.
Offsite Catering — Time/Temperature Records — Nationwide (FDA Food Code)Every offsite event
Catered/offsite events require time-and-temperature control during transport and holding, with logs kept; a local catering permit or endorsement may also apply.
Food Facility Permit — Annual Renewal — Santa Clara CountyAnnualSanta Clara County
The Santa Clara County food facility operating permit renews annually, with recurring DEH inspections.
Hood Suppression System — Semi-Annual InspectionEvery 6 months
Your fire suppression system must be inspected and certified every 6 months by a licensed contractor. This is one of the most frequently requested documents by fire marshals and insurers.
Fire Extinguisher — Annual InspectionAnnual
All portable fire extinguishers must be inspected annually by a licensed contractor and visually checked monthly by staff.
Business Tax Certificate — Annual Renewal — San JoseAnnualSan Jose
San Jose businesses renew their Business Tax Certificate with the City Finance Department each year.
Pest Control — Monthly Service RecordsMonthly
Georgia requires licensed pest control services for food establishments. Monthly service is the industry standard and health inspectors will review your logs.
Food Safety Certifications (Manager + Handler) — San FranciscoFood Handler Card every 3 yearsCalifornia
California requires at least one Certified Food Protection Manager per food facility, plus a California Food Handler Card for most other food workers.
Insurance Certificate of Insurance (COI)Annual
A Certificate of Insurance proves your active coverage to landlords, vendors, lenders, and buyers. It must be updated annually and whenever coverage changes.
FOG / Grease Device Service Records — San JoseTraps monthly; interceptors quarterlySan Jose
San Jose requires grease traps serviced at least monthly and grease interceptors at least quarterly, with records kept on site.
HVAC / Refrigeration — Temperature Compliance & Service RecordsOngoing
Refrigeration must hold food at 41°F or below, and any refrigerant servicing must be done by EPA Section 608–certified technicians. Keep temperature logs and service records.
Waste / Sanitation — Refuse Storage & CollectionOngoing
Garbage and refuse must be stored in covered, cleanable containers and collected often enough to prevent pests and odors. Keep your commercial waste service records.
Equipment Maintenance — Good Repair & Service RecordsOngoing
Food equipment must be NSF-certified, kept in good repair, and able to wash, rinse, and sanitize correctly. Keep maintenance and ware-washing service records.
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