
Roadblocks for Restaurants: How Entrepreneurs
Get Caught in a Permitting Maze
Most people aren’t surprised to learn that
restaurants face a number of licensing,
registration, and inspection requirements. In
fact, local health department inspection scores
prominently displayed on the windows of
most restaurants might be the most common
regulatory documents encountered by the
average person.
But what many people miss is the complete
web of permitting required to open up a
restaurant—a web that forces entrepreneurs
to navigate complex local building and state
food code requirements that are often poorly
explained and inconsistently enforced. These
burdens fall most heavily on independent-
ly owned restaurants, which have fewer
resources and operate on thinner margins
than chains.20 Despite these challenges,
independently owned restaurants make up
more than half of all restaurants in the United
States.21
Given the specic needs of dierent types of
restaurants (dierent cuisines may need vastly
dierent kitchen equipment, for example),
even opening up in a building that already
has some components of an industrial kitchen
might require extensive renovations, and
therefore time-consuming back-and-forth with
local ocials to obtain required approvals. Any
change or addition involving the structure of
the building, mechanical components, plumb-
ing, electrical work, or even signage each
requires its own permit, with fees typically
scaling based on the cost of the renovations.
San Francisco’s requirements under the Cali-
fornia Environmental Quality Act (CEQA) stand
out as a particularly shocking example of how
burdensome these processes can be, especially
when combined with other local regulations.
The state of California has some of the strictest
environmental regulations in the country.22
CEQA requires local government agencies to
consider environmental impacts as part of their
decision-making processes, and San Francisco’s
unique environmental review requirements
under CEQA are particularly burdensome. This
review—which requires additional permits,
paperwork, and even public hearings—can
easily add tens of thousands of dollars to the
cost of starting up.23 Environmental reviews
can halt some entrepreneurs’ plans for years as
they work through the system.
Other permits, like those for sprinkler systems
and grease traps, are also commonly required
for restaurants, and come with their own fee
structures and inspection schedules. In addi-
tion to the added cost to apply for and acquire
such permits, business owners must often
engage in lengthy scheduling conversations
with multiple agencies ranging from local re
departments to health and building inspectors,
sometimes receiving conicting advice about
which permits they need, or in what order they
should be acquired. Local governments have
an important health and safety interest in en-
suring the proper functioning of such systems,
but permitting and inspections should be
streamlined and straightforward so as to not
be unduly burdensome for entrepreneurs.
In 2019, Joey and Emily Ward opened
Southern Belle in Atlanta, a restaurant
that serves farm-to-table cuisine in an
historic building—with a second speakeasy
restaurant, Georgia Boy, hidden inside. For
Joey, a seasoned veteran of the restaurant
industry, it was an opportunity to enjoy the
creative freedom that running an indepen-
dent restaurant provides. His wife, Emily,
a practicing lawyer, handles the legal and
regulatory side of the business, while her
father, an MBA, contributes his business
acumen. But despite their level of expertise,
Joey and Emily found the process of starting
up so complicated that they had to hire two
teams of expediters—one to manage local
permits, and the other to manage liquor
approvals with the state. At the outset,
Emily tried to research the permitting
requirements for starting a restaurant on
her own, but she quickly realized that it
would be a full-time job. She notes that
when she could not nd an answer online,
she would call agency ocials, only to be
told that she needed to talk to a lawyer. “It
was so frustrating not knowing what to do
other than to hire somebody to make things
magically happen.” Joey adds that the single
most dicult part of the process for him was
not knowing what to do and exactly when
and how to do it: City approvals alone range
from historical-preservation and parking
requirements to abiding by re codes and
earning the support of neighborhood asso-
ciations. For someone looking to start small,
the level of uncertainty involved in applying
for licenses and permits could prevent them
from opening at all if they do not have the
resources to pay thousands for paperwork
and hire lawyers to shepherd them through
the process. “If you have to hire expediters,
that means the system is broken; . . . you
shouldn’t have to guess and then hope
you guessed right.” To make things easier,
city ocials in Atlanta should create a true
one-stop shop for starting a business—a
single location with step-by-step guides
for completing the steps needed to get to
opening day.
Many business owners, like Jesse Rice in Indianapolis,24 have
even reported being failed by one inspector for something that
a dierent inspector had determined to be compliant with
the code. This uncertainty leads to an especially frustrating
situation for the business owner, whose opening day is put on
hold due to inspectors’ inconsistency—and who must then
continue to pay rent on the space while dealing with govern-
ment delays.
Joey and Emily Ward
Atlanta, Georgia
23 |