What permits do you need to open a restaurant in Texas?
By the Fair Permits licensing team · Updated · 3 min read
Short answer
A new Texas restaurant needs a sales and use tax permit (Comptroller, free), a certificate of occupancy (city), a food establishment permit (local health department, $258 to $773 a year under the Texas fee tiers), and a TABC permit if it serves alcohol: BG for beer and wine on premises ($1,900 for two years) or MB for mixed drinks ($5,300). Add an assumed name certificate if the restaurant name differs from the company name.
At a glance
Sales and use tax permit
- Issued by
- Texas Comptroller of Public Accounts
- Government fee
- $0. The Comptroller can ask for a security deposit in some cases.
- Typical time
- Often same day when we file in person; about 2 to 3 weeks online. The paper permit arrives by mail about a week later.
- Renewal
- Does not expire while the store operates. Returns are due on time even with no sales.
Certificate of occupancy
- Issued by
- City permitting office (outside city limits: county fire marshal)
- Government fee
- Houston: $94 to $537.12. Other cities and counties set their own fees.
- Typical time
- Houston processes the request the same day; the inspection follows and a corrections report is ready within 24 hours.
- Renewal
- Houston certificates don't expire, but a new one is needed for a change of use, size or (in some cities) owner.
Food establishment (health) permit
- Issued by
- City or county health department (Houston Health Department, Harris County Public Health, Fort Bend County, or Texas DSHS)
- Government fee
- Texas model fees: $258, $515 or $773 a year by food sales (Houston follows these tiers since September 2025). Plan review and inspection fees vary.
- Typical time
- Houston: up to 15 business days; book the pre-opening inspection at least 14 business days ahead.
- Renewal
- 1 year in Houston. Not transferable to a new owner.
Alcohol permit (TABC)
- Issued by
- Texas Alcoholic Beverage Commission (TABC)
- Government fee
- TABC state fee for 2 years by permit: beer and wine to go (BQ) $1,900; beer only to go (BF) $1,100; beer and wine on premises (BG) $1,900; beer only on premises (BE) $1,100; mixed beverage (MB) $5,300; package store (P) $1,800; wine-only package store (Q) $1,600. Plus city and county fees, bond and newspaper costs where they apply.
- Typical time
- About 2 to 3 months: up to 30 days for the city and county sign-offs, then about 30 to 60 days of TABC review. On-premises permits that need the 60-day sign take longer.
- Renewal
- 2 years. Renew from 30 days before expiry; up to 30 days late with a $100 late fee.
Fees and times as published by each agency (checked November 10, 2026). We confirm them again when we file.
The core permits
- Sales and use tax permit. Restaurant meals are taxable in Texas, so every restaurant needs one, and TABC requires it. See the sales tax guide.
- Certificate of occupancy. Turning a retail space into a restaurant is a change of use, which usually means building permits, plan review and possibly a grease trap, hood and fire suppression before the CO. A former restaurant space is faster. See certificates of occupancy in Houston.
- Food establishment permit. From the city or county health department, after plan review and a pre-opening inspection. A certified food manager is required, and every food employee needs a food handler card within 60 days of hire. See food permits in the Houston area.
- TABC permit, if you serve alcohol (below).
Choosing a TABC permit
| Code | For | TABC state fee (2 years) |
|---|---|---|
| BE | Beer only, on premises | $1,100 |
| BG | Beer and wine, on premises | $1,900 |
| MB | Mixed drinks (spirits), beer and wine | $5,300 original |
On-premises permits need a 60-day sign posted at the location before TABC issues the permit, so the TABC timeline for a restaurant is often 3 months or more. A restaurant with a mixed beverage permit often also holds a food and beverage certificate (FB), which shows that food is a real part of the business, and many locations need a surety bond. Cities and counties add their own fees on top of the state fee.
Open the restaurant without alcohol while the permit is pending if you need to; you cannot sell or serve any alcohol until the permit is issued.
Other permits that often apply
- Assumed name certificate if the restaurant name is not the company's legal name. See the DBA guide.
- Sign permit from the city for exterior signs.
- Grease trap or wastewater permit in cities that regulate grease discharge, including Houston.
- Music licensing (ASCAP, BMI and similar) if you play music for customers. It is a private license, not a government permit, but it is enforced.
- The yearly franchise tax filing for the company every May 15. See franchise tax and the PIR.
Food trucks and home kitchens
Food trucks need a mobile food unit permit from the health department where they operate, and usually a central preparation facility. Texas cottage food rules let individuals sell some low-risk foods made at home without a permit, but they do not cover restaurants or most prepared meals.
Frequently asked questions
How much does it cost to get permits for a restaurant in Texas?
In Houston, government fees start around $350 to $1,300 for a restaurant without alcohol (food permit $258 to $773 a year plus the certificate of occupancy) and add $1,100 to $5,300 for a TABC permit. Plan review, construction permits, bonds and local alcohol fees are extra.
What TABC permit does a restaurant need to serve beer and wine?
The Wine and Malt Beverage Retailer's Permit (BG), $1,900 in TABC state fees for two years. Mixed drinks need the Mixed Beverage Permit (MB).
How long does it take to get a liquor license for a restaurant in Texas?
Plan on 3 months or more for on-premises permits, because they need a 60-day sign posted at the location in addition to local sign-offs and TABC review.
Do I need a certificate of occupancy to open a restaurant?
Yes, in Houston and most Texas cities. Converting a non-restaurant space is a change of use and usually needs building permits and plan review first.
Sources
- Texas Comptroller: sales and use tax permit
- TABC: new licenses and permits
- TABC: two-year licensing fees (September 2021)
- TABC: sign requirements
- Texas DSHS: retail food establishments
- Houston Permitting Center: certificate of occupancy
This guide is general information about Texas government filings, not legal advice. Agencies change fees and rules; check the official source or ask us before you rely on a figure.
Related guides
- Food establishment permits in Houston, Harris County and Fort Bend CountyWho needs a food permit in the Houston area, which health department issues it, the $258, $515 or $773 yearly fee tiers, inspections and food manager rules.
- How to get a TABC beer and wine permit for a Texas convenience storeThe TABC BQ permit step by step: location checks, the L-CERT sign-offs, AIMS, the $1,900 state fee, the 2 to 3 month timeline, and how renewal works.
- How to get a certificate of occupancy in HoustonWhen a Houston business needs a certificate of occupancy, the $94 to $537.12 fee, the same-day processing and inspection, and what changes outside city limits.