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Create a Business Plan

Develop your business idea. ​​Every business starts as an idea. Take advantage of free courses to ​​​turn​ your idea into a business plan. Register for business planning courses.

Seek out business advice. Get feedback on your business idea and plan. Small Business Services (SBS) offers hands-on, intensive, cohort-based instruction for your business plan. Sign up for classes.

Write your business plan. A business plan is a living document that serves as a roadmap for your business. Access an online guide to create your business plan.

Register Your Business

Choose your legal structure. The business's legal structure determines who owns and is legally responsible for your business and affects how you file your taxes.​ Get free advice on legal structures.

Register your business. Corporations, limited liability companies, and limited partnerships register with New York State. General partnerships and sole proprietorships register with the appropriate county clerk. Get free legal advice.

Apply for an Employer Identification Number (EIN). An Employer Identification Number (EIN) — also known as a federal Tax ID number — is a unique nine-digit number assigned by the IRS that businesses use for tax filing and reporting purposes. In some instances, if you are a sole proprietor, you may be able to use your Social Security Number for tax filing and reporting purposes instead. Learn more about EIN.

Open bank accounts and retain an accountant and/or bookkeeper.

Finance Your Business

Determine your financing needs. To start your business, you will need money or capital to purchase equipment and run your operations. Increase your chances of getting financing for your business.

​​Understand your insurance needs. ​​Understand your insurance needs such as workers' compensation, liability, and disability insurance. Some are needed for permits and licenses and protect you from loss, fines, and lawsuits. Managing risk is an essential part of your business. Learn more about insurance.

Identify incentive programs. Your business can benefit from programs that allow you to lower your cost of doing business. Small Business Services (SBS) can help you identify and access energy cost savings, tax credits, and other incentives. Learn more about incentives.

Find, Plan, and Build Your Space

Find a location zoned for your business. Find a location zoned for your business, and at the legally required distance from a school or place of worship if you plan to serve alcohol. Your business location​,​ and the opinion of the local Community Board​,​ will be reviewed for your liquor license application. Learn more about zoning requirements.

Learn more about zoning in your neighborhood. Learn more about zoning in your neighborhood with the Department of City Planning's ZoLa map. Use the ZoLa Map.

Learn about facilities and program sites in your prospective neighborhood. Learn about facilities and program sites in your prospective neighborhood that might impact your business on the Department of City Planning's Facilities Explorer.

Get help understanding and signing your lease. Before signing, talk to a lawyer to make sure the timing is right, the terms are legal, and the agreement is good for you. Get free commercial lease assistance through SBS.

Review your building plans for major and minor construction within your space. Review your building plans for major and minor construction within your space. The NYC Department of Small Business Services (SBS) offers free plan examinations, and experienced client managers can help you navigate the process. Get help with plan examinations.

Plan your food establishment design. Select and engage architect(s), general contractor(s), and/or interior and kitchen designers to plan any changes and ensure that your space complies with building and fire codes. Make sure your architect and/or contractor is licensed.

Changes to a landmarked property. Changes to a landmarked property or building in a historic district must be approved by the NYC Landmarks Preservation Commission before work can begin. ​​Allow time to receive approval. Learn more about work on landmark properties.

If your location will host events where 75 people or more will gather. If your location will host events where 75 people or more will gather, you will need a Place of Assembly Permit. Learn more about the Place of Assembly Permit.

Plan to limit noise. Plan to limit noise from your establishment to avoid fines, and do not play music in front of your business to attract customers. Learn more about the Noise Code.

Limit construction noise. You must create and post a noise mitigation plan to keep noises from bothering neighbors. Failure to do so can result in fines. Learn more about construction noise regulations.

Prepare to Open

Register as a Sales Tax Vendor. Register as a Sales Tax Vendor with the NYS Department of Taxation and Finance to sell products and services, including food and beverages sold by restaurants, taverns, and caterers. ​ ​Apply early to avoid delays receiving other permits.

Get licensed to serve alcohol. Get licensed to serve alcohol with the NYS Liquor Authority (SLA). Before you begin, be sure you have a Sales Tax ID, insurance, a lease, and a Certificate of Occupancy. Plan ahead as the process requires time, money, and Community Board consultation. In some cases, temporary licenses are granted.

Stoop Line Stand License. Get a Stoop Line Stand License from the NYC Department of Consumer and Worker Protection (DCWP) if your business will sell fruits, vegetables, soft drinks, flowers, confectionery, or ice cream from a stand outside and directly next to an existing store.

Pre-operational inspections. Schedule your pre-operational inspections with the NYC Fire Department (FDNY). Schedule pre-operational inspections.

Food Establishment Permit. Apply for a  Food Establishment Permit  from the NYC Department of Health and Mental Hygiene (DOHMH). You may begin to operate on the 22nd day after you submit your application even if you have​ not been​ inspected or issued your permit. You will receive an unannounced pre-permit inspection, which you must pass to receive your permit. If you wish to open earlier than 22 days after submitting your permit application, call (212) 676-1600 to schedule a pre-operational inspection.

A Food Protection Certificate holder. A Food Protection Certificate holder must be on site during all hours of operation to supervise food and drink preparation. ​Ensure​​​ you and at least one of your employees​,​ ​complete​​​ the Food Protection Course, available online or in-person at the NYC Health Academy. To avoid possible fines and have more flexibility in staffing/scheduling, it is recommended that you encourage more employees to ​obtain​​ the food protection certificate.

Frozen desserts. All businesses where frozen desserts are manufactured, processed, assembled, frozen, and stored for sale directly to the consumer are required to obtain a  permit from the NYC Department of Health and Mental Hygiene (DOHMH).

Any business that makes or sells halal or kosher food. Any business that makes or sells  halal or kosher food must register with the NYS Department of Agriculture and Markets and post a certification that is readily visible to consumers.

If your business will be using char broilers or cook stoves. If your business will be using  char broilers or cook stoves​,​ be sure to register them with the NYC Department of Environmental Protection (DEP).

Purchase/lease general equipment. Purchase/lease general equipment such as refrigeration, dishwashing equipment, draft systems, tabletop, small wares, uniforms, beverage systems, ​and ​coffee equipment. 

Hire a private carting service. Hire a private carting service and ​arrange​​  your space to comply with commercial recycling rules. 

Select a pest control company. It is the building owner and tenant’s responsibility to prevent or address pest infestations on a property.  Information is available to help business owners prevent and eliminate pests.

Develop branding & logo design, website, and public relations strategy. The NYC Department of Small Business Services (SBS) offers free​ multilingual​ business courses on every core topic in entrepreneurship, including marketing​.

If you use uncommon cooking methods. If you use uncommon cooking methods, such as sous-vide, ensure you have an approved Hazard Analysis Critical Control Point (HACCP) plan.

Light fuel​s​, such as charcoal and wood, must be stored carefully and in small amounts. Ingredients and equipment, ​​including alcohol and open flames, will affect which permits and licenses you need.

Business signs. Business signs, if nailed or screwed into the building or if illuminated, must be approved by ​the ​NYC Department of Buildings (DOB).

Many environmental regulations and permitting requirements for businesses. The NYC Department of Environmental Protection (DEP) has many environmental regulations and permitting requirements for businesses.

You may need additional permits and/or licenses. You may need additional permits and/or licenses such as ​a ​Certificate of Fitness for the Storage, Handling, Use​,​ and Refilling of Non-Flammable Gas Cylinders (G-46) you will be using soda guns or an Open Flame Permit for certain businesses using candles. 

Curtains or drapes flameproofed. Be sure to have curtains or drapes flameproofed.

Hire a Team

Explore the Restaurant Hiring, Onboarding, and Training Playbook for tools, templates, tips, and best practices to help you hire, onboard, and train to retain your best employees.

Get help with hiring. Talented workers can help your business succeed. Let ​Small Business Services (SBS)​​ ​help you find the right employees. ​​Get help with hiring.

Laws for employers. Employing New Yorkers means following rules about how much to pay, what benefits to provide and more. Learn more about local laws employers must follow.

Minimum wages. The New York State Department of Labor (NYSDOL) oversees wage regulations in New York State. Businesses employing people in New York State should consult NYSDOL resources to be aware of wage requirements and regulations. Learn more about minimum wage.

Train your employees. Train your employees, so that your team has the skills your business needs. We can help cover training costs. Learn more about employee training.

Unemployment insurance. I​t's important to ​understand your business’ unemployment insurance requirements​.​​​ Contact the New York State Department of Labor for more information. Learn about unemployment insurance.

Workers' compensation. ​​It's important to​​​ understand your workers' compensation insurance requirements for your business​. Contact the New York State Department of Labor for more information. Learn about workers' compensation insurance.

Open and Operate

Display the correct licenses and required posters​​. Use the NYC Checklist for Required Signs for Restaurants and Bars to ensure you display the correct licenses and required posters.​

​​​​Select the right technology for your business. Select the right technology for your business, including a Point of Sale (POS) system, reservation platform, and credit card processor.​

Purchase. Purchase paper goods, office supplies, cleaning supplies, and other basics.​

Resuscitation equipment. ​All taverns and restaurants that sell food for on-premises consumption are required to have resuscitation equipment, including: one (1) adult exhaled resuscitation mask, one (1) pediatric exhaled resuscitation mask, and two (2) pairs of latex gloves. Masks must be certified for use by the U.S. Food and Drug Administration (FDA).​

​​Bars and restaurants may need various music licenses. ​​Bars and restaurants may need various music licensesfrom performing rights organizations (PROs), such as Broadcast Music Inc. (BMI), the American Society of Composers, Authors, and Publishers (ASCAP), Society of European Stage Authors and Composers (SESAC), and Global Music Rights (GMR), to play music (live, recorded or from a streaming service). Make sure you have permission to avoid costly claims.​

Give customers clear receipts. Show prices and print your business name and address on your invoices and receipts.

Prepare and pay your taxes. Learn about taxes in NYC.

Get permits and limit air pollution. If you release fumes into the air, you may be subject to the New York City Air Pollution Control Code (Air Code).

Hazardous materials above threshold amounts. Hazardous materials above threshold amounts must be registered under NYC Department of Environmental Protection’s Right-to-Know program. Many common materials such as paint, solvents, inks, pool chemicals, and cleaning products can have hazardous characteristics. Learn more about Right-To-Know.

Train your employees on sexual harassment prevention. You must do so under state law. Learn more about sexual harassment training.

First Course NYC employer partner.​ ​​If you have an ongoing need for qualified, full-time restaurant cooks, express interest in becoming a First Course NYC employer partner.​

Compliance Tools

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Department of Buildings
Occupancy Contrary to That Allowed by the Certificate of Occupancy or Department of Buildings ​Records
Penalty: $400 - $25,000 fine

How to Avoid a Violation:
  • Ensure the space (building or lot) you own or rent has a current Certificate of Occupancy on file with the Department of Buildings (DOB).
  • If you own or rent a space constructed before 1938, make sure your space has a Letter of No Objection from the Department of Buildings (DOB).
  • If you plan to change the use, egress, or occupancy of your space, make sure the property owner has filed for an amended Certificate of Occupancy.
  • Verify that your type of business is consistent with the use authorized by the Certificate of Occupancy.
  • Do not own or operate any business in a space where it is not authorized, or in a zoning district where it is not allowed.

Additional Information:

Legal Basis: 

NYC Construction Code  §28-118

Department of Consumer and Worker Protection
Engaging in Unfair Trade Practices
Penalty: $525 - $3,500 fine

Violation Type:

Consumer Protection

How to Avoid​ a​​ ​Violation:
  • ​​Ensure​​​ your sales ads and practices are not false or misleading. 
  • ​​Clearly display the pre-sale price f​​or any item ​you ​list​ed​ as “on sale”​.​
  • ​​Maintain​​ ​reasonable quantities of the item available before advertising the sale.
Legal Basis:

NYC Administrative Code §20-700

 

Failure To Accept Cash Payments
Penalty: A food store or retail establishment that violates this section is liable for a civil penalty of not more than $750 for the first violation, $1,350 for the second violation, and $1,500 for the third and each subsequent violation. 6 RCNY § 6-72

Cash Payments

1. Your store cannot refuse to accept cash payments from consumers (NYC Code §20-840).

  • Your store may refuse bills above $20.
  • Your store may refuse cash payments for telephone, mail, or internet-based transactions, unless the transaction takes place in the store.
  • Your store may accept prepaid cards from an on-site device that converts cash into prepaid cards, but only if:
  • The device does not charge a fee for the prepaid card or require a minimum deposit above $1.
  • Upon request, the device provides the consumer with a receipt stating the amount of cash the consumer deposited onto the prepaid card.
  • Cash deposits onto the prepaid card do not expire.
  • There is no limit on the number of transactions a consumer can complete with the prepaid card.

You must clearly post a sign on or immediately next to the device when it is not working that states your store is required to accept cash payments and consumers may report violations by calling 311.

2. Your store cannot charge a consumer who pays in cash a higher price for the same “consumer commodity” than a consumer who pays by credit card or other cashless transaction. (NYC Code §20-840(c))

Tip: “Consumer commodity” means any article, good, merchandise, product, or commodity of any kind that is produced, distributed, or offered for retail sale.

Failure to Give a Receipt or Giving an Incomplete Receipt
Penalty: $150 - $350 fine

Violation Type: Receipts and Refunds

How to Avoid ​a​​​ Violation:

  • Give receipts to customers for purchases over $20​,​ and upon request for purchases between $5 and $20.
  • For food or drink that is meant to be consumed at your business, ​provide receipts upon request if the purchase is more than $5.
  • Make sure receipts are complete and correct. Receipts must show:
    • Your business name and address​.​ ​ ​​​​
    • Department of Consumer and Worker Protection (​DCWP​)​ license number​ for your business.​​
    • Amount of money paid for each item.
    • Total amount the customer paid, including a separate line for tax.
    • Date of the purchase
    • Make and model of audio, photographic​,​ or video equipment that costs more than $100.

Additional Information:

Legal Basis: 

Rules of the City of New York: Title 6 §5-32

Rules of the City of New York: Title 6 §1-05

Failure to Clearly Mark Prices for Products
Penalty: $50 - $250 fine for each group of identical terms

Violation Type: Pricing

How to Avoid ​a​​​ Violation:

  • ​​Label a​​​ll sale ​items ​with a​ clearly visible price.
  • ​​​P​​rice​ tags ​​​must be attached to the item​,​ or on a sign where the item is displayed.

Additional Information:

Legal Basis:

NYC Administrative Code §20-708

Failure to Label Pre-Packaged Products
Penalty: $100 - $800 fine​

Violation Type: Weights and Measures

How to Avoid ​a​​ ​Violation:

  • ​​Ensure​​​ products in packages have a label with the name and address of the manufacturer, packer​,​ or distributor.
  • Pre-packaged foods must have a label that includes all of the following information:   
    • Name of the product. 
    • Name and address of the manufacturer.
    • Weight or quantity of food in the package. 
    • Expiration or sell-by date.

Additional Information:

Legal Basis:

Food Labeling | Agriculture and Markets (ny.gov)

Rules of the City of New York: Title 6 §4-112(b)

Failure to Post a Refund Policy
Penalty: $150 - $350 fine

Violation Type: Receipts and Refunds

How to Avoid ​a​​​ Violation:

  • Post your refund policy at each register, at the point of sale, or at each entrance.
  • If your policy is not to give refunds, post a sign that says “No Refunds.”  

Additional Information:

Legal Basis:

Rules of the City of New York: Title 6 §5-37

Department of Environmental Protection
Failure to ​Install or ​​M​aintain a ​G​​rease ​Interceptor
Penalty: $100 - $1,500 fine

How to Avoid​ a​​ ​Violation:
  • B​usiness​es​ that generate​​ fats, oils, and/or grease (​for example ​ restaurants, food handling operations, hospitals, day care, and senior centers) ​are ​​​required to have a properly sized grease interceptor to prevent  ​materials from entering and clogging sewer lines.
  • Businesses must also clean and maintain their grease interceptor(s) as often as ​needed ​​​to ensure that the amount of fat, oil, and/or grease does not exceed the ​25% of the total liquid depth or ​rated capacity of the grease interceptor​.

Additional Information:

Legal Basis:

Use of the Public Sewers §19

Noise from a ​C​​irculation ​D​​​evice (​For Exampl​​e, Air Conditioner, HVAC, etc.) in Excess of 42 Decibels
Penalty: $220​ - $600 fine

How to Avoid a Violation: 
  • To avoid unnecessary and disruptive noise, ensure ​circulation devices (​for example ​​e.g.​, air conditioners, HVACs, etc.) are well maintained​ to avoid disruptive noises​​.

Additional Information:

Legal Basis:

Circulation devices  §24-227

Operating an Emission Source (Boiler) with an Expired Registration
Penalty: $400 - $1,600 fine

How to Avoid ​a ​Violation:
  • Owners of boilers with a capacity of 350,000 BTUs or higher must register their equipment every three years.
  • Building owners​ or ​​​managers who meet this threshold should ​consult a with a design professional or a Licensed Master Plumber ​discuss their building heating system.

Additional Information:

Legal Basis:

Registrations §24-109 

Unreasonable Noise From a Sound Reproduction Device for Commercial or Business Advertising Purposes
Penalty: $440 - $1,320 fine

How to Avoid ​a​​ ​Violation:
  • It is unlawful to use any sound reproduction device​,​ such as speakers or a radio​,​ for commercial or business advertising purposes to ​draw​​ ​attention to your merchandise or for any performance.
  • Business owners ​are prohibited from ​plac​ing​​​ speakers near or outside​​ doors or windows to attract customers into the premises​.​​​​ This​ includ​es​​ playing such devices ​inside the establishment ​so t​he sound ​​can be heard outside in ​public​ areas​​​.

Additional Information:

Legal Basis:

Sound reproduction devices §24-244

Fire Department
Failure to Conduct Specified Fire-Safety Inspection/Test
Penalty: $1,000 - $5,000 fine

Code: VC20

Violation Type: Inspection and Testing

How to Avoid a Violation:
  • Test your fire suppression systems tested after installation.
  • Schedule appointments for periodic systems testing. 
  • Keep your records up to date.
  • Ensure records are readily available for a FDNY representative upon request.
  • Have appropriate Certificate of Fitness holders.

Additional Information:

Legal Basis: 

NYC Fire Code §107.1

 

Failure to Obtain Specified Certificates of Fitness and Certificates of Qualification (Submit Copy of Certificate)
Penalty: $1,000 - $5,000 fine

How to Avoid a Violation:

  • ​​Maintain​ proper fire safety/prevention supervision of storage, handling, and use.
  • Keep your records up to date.
  • ​​Ensure​ records are ​readily ​available for ​a ​FDNY representative upon request.

Additional Information:

Legal Basis: 

NYC Fire Code §113.1

 

Failure to Obtain Specified Fire Safety Permit or Submit Copy of Permit Fee Receipt
Penalty: $1,000 - $5,000 fine

Code: VC3

Violation Type: Permits

How to Avoid the Violation:
  • Make sure to obtain the proper permits.
  • Remember to renew the permits.
  • Be sure to save the receipt after paying the bill for the permit.

Additional Information:

Legal Basis: 

NYC Fire Code §105.6

 

Failure to Provide and​​ Maintain Required Fire Protection Systems​,​ ​​or Prevent Unnecessary​​ Alarms
Penalty: $1,000 - $5,000 fine

Code: VC12

Violation Type: Fire Protection Systems

How to Avoid a Violation:
  • Repair defective Fire Protection System(s).
  • Have ​an ​appropriate Certificate of Fitness Holder​.​

Additional Information:

Legal Basis:

 NYC Fire Code §901.6

Failure to Provide or Maintain Fire Safety Records
Penalty: $1,000 - $5,000 fine

Code: VC5

Violation Type: Record Keeping

How to Avoid a Violation:
  • Keep your records up to date.
  • ​​Ensure​​​ all records are ​readily ​available for ​a ​FDNY representative at inspection.
  • Have appropriate Certificate of Fitness holders​.​ 

Additional Information:

Legal Basis: 

NYC Fire Code §107.7

Failure to Provide or Maintain Required Signs, Postings, Notices, or Instructions
Penalty: $1,000 - $5,000 fine

Code: VC6

Violation Type: Signs, Postings, Notices, and Instructions

How to Avoid the Violation:

  • Ensure all signs, postings, notices, and instructions are visible and available for inspection.
  • Keep your signs, postings, notices, and instructions up to date.
  • Have an appropriate Certificate of Fitness holder.

Additional Information:

Legal Basis: 

NYC Fire Code (varies with materials on premises)

Department of Health and Mental Hygiene
Cold ​F​​ood ​I​​tem ​H​​​eld ​A​​bove 41°F (​S​​​moked Fish and ​Reduced ​O​​​xygen ​P​​ackaged ​F​​​oods ​Above 38°F) ​E​​​xcept ​D​​​uring ​N​​​ecessary ​Preparation
Penalty $250 - $600 Fine, 7 - 28 Points

​​Code: 2G​

​​Violation Type: Food Temperature​

How to Avoid ​a​​​ Violation:
  • Review ​and follow ​Health Department rules for Temperature-Holding Requirements.
  • ​​Ensure​​ equipment used to hold cold food is working properly.
  • Use thermometers to monitor the temperature of foods in cold storage.
  • ​​​Calibrate your thermometer for correct use and maintenance.
  • Monitor food taken from cold storage and record how long it is out.
  • Regularly evaluate your staff’s performance and ​train​​​ them on food safety practices and cleanliness. 

Additional Information:

Legal Basis: 

NYC Health Code §81.09

Facility Not Vermin Proof. Harborage or Conditions Conducive to Attracting Vermin to the Premises And/or Allowing Vermin to Exist
Penalty: $200 Fine, 4 - 5 Points

Code: 8A

Violation Type: Vermin and Garbage

How to Avoid ​a​​​ Violation:

  • Seal all cracks, crevices, and holes in walls, cabinets, and doors to prevent rodents, cockroaches, and flies from entering.
  • Install rodent-proof door sweeps on outside doors.
  • Store food and garbage in pest-proof containers.
  • Clean grease, oil, and food particles from all surfaces and equipment, including the floor underneath. Mop floors and clean surfaces before opening each morning.
  • Keep range hoods clean and grease-free.
  • Contract ​​a pest control professional licensed to work in restaurants.
  • ​​Regularly evaluate​ ​staff performance and​ train​​​ them on food safety practices and cleanliness. 

Additional Information:

Legal Basis: 

NYC Health Code §81.23

Food Contact Surface Not Properly Washed, Rinsed, or Sanitized After Each Use and Following Any Activity When Contamination May Have Occurred
Penalty: $200 - $300 Fine, 5 - 8 Points

Code: 6D

Violation Type: Personal Hygiene and Other Food Protection

How to Avoid the Violation:

  • Clean and sanitize all food preparation surfaces after each use; remove caked-on food.
  • Repair or replace deeply-grooved cutting boards and chipped or broken surfaces so they can be properly sanitized.
  • Regularly evaluate staff performance and coach them on food safety practices and cleanliness.
  • Require staff that handle food to obtain a Food Protection Certificate.

Additional Information:

Legal Basis:

 NYC Health Code §81.27

Evidence of Pests (For Example, Rats, Mice, Roaches, or Flies) Or Live Pests Present in Facility’s Food And/or Non-food Areas
Penalty: $500 - $1000, Fine Doubles After Second Violation

​​Code: 4K, 4L, 4M, 4N​

​​Violation Type: Food Protection​

How to Avoid ​a​​​ Violation:
  • Read Health Department guidance on How to Control Pests in Your Restaurant.
  • Seal all cracks, crevices, and holes in walls, cabinets, and doors to prevent rodents, cockroaches, and flies from entering.
  • Install rodent-proof door sweeps on outside doors.
  • Store food and garbage in pest-proof containers.
  • Clean grease, oil, and food particles from all surfaces and equipment, including the floor underneath. Mop floors and clean surfaces at opening and throughout the day.
  • Keep range hoods clean and grease-free.
  • Contract ​​a pest control professional licensed to work in restaurants.
  • ​​Regularly evaluate staff performance and ​train​​ them on food safety practices and cleanliness. 

Additional Information:

Legal Basis:

 NYC Health Code §81.23

Food Not Protected From Potential Source of Contamination During Storage, Preparation, Transportation, Display, or Service
Penalty: $200 - $350 Fine, 5 - 8 Points

Code: 6C

Violation Type: Personal Hygiene and Other Food Protection

How to Avoid ​a​​​ Violation:

  • Review Health Department rules for Temperature-Holding Requirements.
  • Keep food covered until served.
  • Keep food separated by temperature and type.
  • Separate potentially hazardous foods (​such as​​ raw poultry) from ready-to-eat items (​such as​ salad mix) to avoid cross contamination. 
  • Follow guidelines for proper​ty ​storage location in cooling units​:​ ​(for example​​, ready to eat on top shelves, meat, poultry and fish on bottom​)​.  
  • Regularly evaluate your staff’s performance and​ train​​​ them on food safety practices and cleanliness. 
  • ​​Require​​​ all staff ​who​​ ​handle food​ to​ obtain a Food Protection Certificate.

Additional Information:

Legal Basis: 

NYC Health Code §81.07

Food Protection Certificate Not Held by Supervisor or Manager of Food Operations
Penalty: $500 - $1000, Fine Doubles After Second Violation

How to Avoid ​a​​​ Violation:

  • Ensure​​ ​you have a supervisor or manager ​on duty ​who holds a Food Protection Certificate from the NYC Health Academy, ​when​​ your restaurant is receiving or preparing food​,​ and when ​open to the public.
  • ​​Require​​​ all employees who handle food ​to​ obtain a Food Protection Certificate so more staff are trained in food safety. 
  • ​​Coach​​​ your supervisors to conduct regular self-inspections using guidance in the Guide for Food Service Operators.
  • Regularly evaluate your staff’s performance and ​train ​​​them on food safety practices and cleanliness. 

Additional Information:

Legal Basis: 

NYC Health Code §81.09

Hot Food Item Not Held at or Above 140°F
Penalty: $250 - $600 Fine, 7 - 28 Points

​​Code: 2B​

​​Violation Type: Food Temperature​

How to Avoid ​a​​​ Violation:

  • Review Health Department rules for Temperature-Holding Requirements.
  • ​​​Ensure​​​ equipment used to hold hot food is working properly.​​​
  • ​​​​Check water levels on hot bars.  ​​​​
  • ​​Use thermometers to monitor the temperature of foods in hot storage.​
  • ​​Calibrate your thermometer for correct use and maintenance.
  • Track food removed from hot storage and record how long it is out.

Additional Information:

Legal Basis: 

NYC Health Code §81.09

Food Contact Surface Not Properly Washed, Rinsed, or Sanitized After Each Use and Following Any Activity When Contamination May Have Occurred
Penalty: $200 - $300 Fine, 5 - 8 Points

Code: 6D

Violation Type: Personal Hygiene and Other Food Protection

How to Avoid the Violation:

  • Clean and sanitize all food preparation surfaces after each use; remove caked-on food.
  • Repair or replace deeply-grooved cutting boards and chipped or broken surfaces so they can be properly sanitized.
  • Regularly evaluate staff performance and coach them on food safety practices and cleanliness.
  • Require staff that handle food to obtain a Food Protection Certificate.

Additional Information:

Legal Basis:

 NYC Health Code §81.27

Plumbing Is Not Properly Installed or Maintained
Penalty: $500 - $1000, Fine Doubles After Second Violation

​​Code: 10B​

​​Violation Type: Facility Maintenance​

How to Avoid ​a​​ ​Violation:

  • Review Health Department Rules on acceptable materials and equipment you need to have and maintain.
  • Monitor all plumbing fixtures and make needed repairs immediately.
  • ​​Ensure​​ ​plumbing is fitted with approved devices (​for example​​​, valves, anti-siphonage pieces, and vacuum breakers) to prevent backflow.
  • Clean and maintain grease traps.
  • Make sure ​equipment​ and​​ ​floor​ have proper drainage.
  • ​​Maintain a properly functioning​ sewage disposal system​.

Additional Information:

Legal Basis: 

NYC Health Code §81.21

Department of Sanitation
Dirty or Obstructed ​S​​idewalks and ​A​​djacent ​A​​reas
Penalty: $50 - $100 fine

How to Avoid a ​​Violation:

  • Keep sidewalks and adjacent areas clean. These areas include gutters (18 inches from the curb into the street), tree pits and grass strips, driveways, alleys, parking lots, front and backyards, and open storage areas. These spaces must be kept clear of anything that could obstruct pedestrian traffic, including garbage, waste receptacles, merchandise, or A-frame signs. 

Additional Information:

Legal Basis:

NYC Administrative Code  §16-118(2)(a)

Failure to Properly Set out Waste
Penalty: $50 - $200 fine

How to Avoid ​​a ​Violation:

  • Place receptacles or bags containing solid waste or recyclables out at the curb for collection after 8:00 PM prior to scheduled collection.
  • Materials ​in receptacles with a tight-fitting lid, and designated recyclable paper that is tied and bundled securely without a container, may be placed out for collection at the curb no earlier than one hour before closing, provided that the scheduled collection occurs before the establishment next reopens for business.
  • Any receptacle placed out for collection must be removed from the curb no later than the time the commercial establishment next reopens for business.

​​NOTE: ​Commercial establishments that receive off-street collection, including collection from inside a loading dock, are exempt from these requirements. ​ 

Legal Basis:

Rules of the City of New York Title 16 §1-02.1 (b) 
https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-132489

Failure to Separate Designated Recyclables from Garbage
Penalty: $100 - $400 fine

How to Avoid ​a​ Violation:

  • Recycle, at a minimum, all bulk metal, corrugated cardboard, office paper, magazines, catalogs, phone books, newspaper, and textiles (if over 10 percent of your waste stream).
  • Set out trash in black bags or covered bins and bundle recyclables in labeled covered bins or clear plastic bags.

Additional Information:

Legal Basis: 

Rules of the City of New York: Title 16 §1-10

Improper ​D​​​isposal of ​G​​arbage or ​R​​​ecycling
Penalty: $100 - $400 fine

How to Avoid ​a Violation:

  • ​​Do not use trash or recycling receptacles belonging to others without their permission​.​​
  • ​​D​​o not place garbage or recycling in front of any premises other than your own.

Additional Information:

Collection and Setout Laws for Businesses

Legal Basis:

NYC Administrative Code §16-120(a)

Failure to Post a Private Carter Decal
Penalty: $5 fine

How to Avoid ​a ​​​Violation:

Post a ​clearly labeled decal that ​states the name of the private carter ​that has been hired to provide services, the type of service rendered ​(​for example, ​garbage collection, source-separated recycling, co-collection of recycling or single-stream collection of recycling)​,​ and the days and times the service(s) is provided. The NYC Department of Sanitation does not collect commercial waste. 

Additional Information: 

Failure to Remove Snow and Ice from Sidewalk
Penalty: $100 - $250 fine

How to Avoid a Violation:  

  • Clean snow and/or ice from the sidewalk after the snow has stopped falling. 
  • Do not shovel snow into the street. 
  • ​​Snow-melting material such as sand or salt may be used if the snow or ice becomes frozen and cannot be cleared from the sidewalk.

Additional Information:

Legal Basis:

 NYC Administrative Code §16-123 

Improper ​D​​​isposal of ​B​​​atteries
Penalty: $50 fine

How to Avoid ​a Violation:

  • Do not dispose of automotive or car batteries with trash or recycling. Improper disposal of automotive or car batteries is illegal. ​

Additional Information:

Legal Basis:

NYS Environmental Conservation Law § 27-1701(3)

Improper ​D​​isposal of ​E​​​lectronic ​W​​​aste
Penalty: $100 - $200 fine

How to Avoid ​a​ Violation:

  • Do not dispose of any materials considered to be electronic waste with trash or recycling.​​ Improper disposal of electronic waste is illegal. ​
  • NOTE: Only certain items qualify as e-waste under the NYS Electronic Equipment Recycling and Reuse Act

Additional Information:

Legal Basis:

Rules of the City of New York: Title 16 §1-04.2 

Improper ​D​​​isposal of ​N​​​oxious ​L​​​iquids
Penalty: $100 - $350 fine

How to Avoid ​a ​​Violation:

  • Do not allow noxious liquids to fall on any public place run into the street.

Additional Information:

Legal Basis:

NYC Administrative Code §16-118(3) 

Improper use of DSNY ​L​​itter ​B​​​asket
Penalty: $100 - $350 fine

How to Avoid​ a​​ Violation:

  • Do not dispose of commercial refuse or liquids in DSNY litter baskets. Sanitation litter baskets are designed for light waste and for use by pedestrians only. 
  • Do not use litter baskets to display merchandise or wares.

Additional Information:

Legal Basis:

NYC Administrative Code §16-120(e)

Loose Rubbish
Penalty: $100 - $200 fine

How to Avoid a Violation:

  • Securely bundle, tie, or package waste and recycling before placing out for collection to avoid it being blown away or scattered on the street.

Additional Information:

Legal Basis: 

NYC Administrative Code §16-120(3)(d)

Street Obstruction
Penalty: $100 - $150 fine

How to Avoid the Violation:

  • Do not place items like boxes, barrels, garbage containers, or movable property like ATMs on a public street. It is illegal. 
  • NOTE: Construction containers are allowed with an appropriate permit.

Additional Information:

Legal Basis:

NYC Administrative Code §16-122(b)