I. Structural Review (1. Zoning / Building)

This section will be broken into four parts.

1. Zoning
2. Building
3. Accessibility
4. Fire Safety

1. Zoning

2. Building

3. Accessibility

• A working sprinkler system hooked into the water supply
• Access to a fire hydrant
• Working smoke detectors
• The presence of a fire extinguisher or more
• A fire safety plan

I. Structural Review (2. Utilities)

This section will cover regulations concerning the following utilities:

1. Plumbing
2. Trash
3. Lighting
4. Power

1. Plumbing
You will need to determine how you will handle water inflow and sewage outflow. For water you can either use public water or tap into a private well.  For sewage you can either tap into the public sewage system or use an on-site disposal. It is worth hiring a plumber before opening to ensure that all your pipes are working properly. For more information on Plumbing considerations, visit our Plumbing / Trash section.

Make sure to follow these rules:

• Food prep sinks, three-compartment sinks, steam tables, ice machines, drink stations, beverage dispensers and similar types of equipment which contain food, utensils or food portable equipment must be drained as an individual waste line(s) and may not be directly connected to the waste drainage system.
• Approved backflow prevention device [hover text: A backflow prevention device is used to protect potable water supplies from contamination or pollution due to backflow.In water supply systems, water is normally maintained at a significant pressure to enable water to flow from the tap, shower, or other fixture. Water pressure may fail or be reduced when a water main bursts, pipes freeze, or there is unexpectedly high demand on the water system (for example, when several fire hydrants are opened). Reduced pressure in the pipe may allow contaminated water from the soil, from storage, or from other sources to be drawn up into the system.] must be installed on the main pipes
• Waste line(s) must be provided with a 1” air gap between the food service equipment and the flood rim level of the floor sink. Individual waste lines must be provided for the three-compartment sink.

• Lighting in food preparation and food equipment areas must be sufficient to meet 50 footcandles at work surfaces
• Lighting in storage areas, toilet rooms, locker rooms, garbage storage areas, dining areas during cleaning, utensil washing areas, bar, wait station, and service areas must be sufficient to provide 20 footcandles at 30 inches from floor surfaces
• Light bulbs and tubes must be shielded in food preparation, food storage, and utensil storage areas to prevent glass from falling into food or onto utensils

I. Structural Review (3. Equipment / Finishes)

This section deals with regulatory requirements for equipment and finish material. If you want more information on which equipment you need to buy, visit our Equipment section.

Equipment Requirements

• Refrigeration equipment must be 41 degrees and below. Freezer units must be able to go 0 degrees and below.
• Ice Machines must be accompanied with an ice scoop.
• Ice Machines, soda fountain carbonators, drink dispensers, and dish machines must be equipped with an appropriate back flow prevention device to prevent contamination of the water supply and food product
• Walk-in fridges and freezers need adequate shelving to store items properly and allow for proper circulation
• Thermometers are provided in all refrigeration, hot storage equipment, and freezer units used for potentially hazardous foods that are accurate, easily readable, in proper working condition, and calibrated every 2degrees F
• Counters and cabinets will open on the business side to allow for easy cleaning; be equipped with casters
• You have an HVAC [hover text: Heating, ventilation and air conditioning (HVAC) is the technology of indoor and vehicular environmental comfort. Its goal is to provide thermal comfort and acceptable indoor air quality.] system
• Record the make, model number, and capacity in cubic feet per minute of mechanical equipment located over cooking, steaming, and dishwashing equipment and restroom areas
• Food preparation and food preparation equipment may not be located in areas accessible to the public
• Counters and cabinets must be open on the business side to allow for easy cleaning. They must also be equipped with casters or sealed to the wall, floor, or other food service equipment with an acceptable sealant such as caulk or flashing to a cap no greater than 1/32”
• Shelving must be elevated at least 6” above the floor and placed so that there is sufficient space for cleaning
• Stationary food equipment including walk-in coolers, proofers, rack ovens, floor mixers, and floor mounted equipment must have sufficient space to allow for cleaning or must be sealed with an acceptable sealant to the wall, floor, or other food service equipment with a gap no greater than 1/32”
• Splashguards are required on sinks to protect food from contamination
• Gloves and utensils must be provided for handling ready-to-eat foods. Bare hand contact of ready-to-eat food is not permitted
• Toxic and poisonous material must be maintained separately from food storage, food preparation, food equipment, utensil washing, and utensil storage. Toxic material must be prominently and distinctly marked
• Have detailed plans for ventilation hoods located over cooking equipment and dishwashing equipment where water temperature is used as the sanitizing agent or where excess condensation is expected to occur. Detailed plan must include the following:
• 12” overhang on all open sides above cooking equipment
• An 18” overhang above charbroilers or for food equipment with pull out drawers
• Ventilation hood meets NSF standard 2 and NFPA 96
• Ventilation hood is designed to achieve 20 cfm at the cooking surface and is capable of meeting this standard through a field test using a smoke candle at the pre-opening inspection
• An air quality permit is required for charbroilers with cooking surfaces greater than 5 sq. feet.

• Record the type of interior surfaces for floors, walls, and ceiling in food preparation areas, utensil, and dishwashing areas, food storage, and restroom areas
• The finish surfaces on walls in food preparation, food storage, utensil washing, and toilet room areas must be smooth, washable, water and grease resistant to a level above the splash zone or highest level reached by potential splashes of food or water. Examples of acceptable materials include painted surfaces with a satin grade finish or greater, ceramic tile, quarry tile, or stainless steel.
• The finish surface on floors in food preparation areas, utensil and dishwashing areas, food storage, and restroom areas must be smooth and durable. Acceptable materials include: epoxy, sealed concrete, quarry tile, ceramic tile, commercial grade continuous sheet vinyl, or similar material. Carpet tiles are not permitted where liquid food products are served, stored, or displayed
• The finish surfaces on ceilings in food preparation and utensil and dishwashing areas must be smooth and washable. Ceiling tiles may not be perforated or contain a fiberglass backing
• Exposed construction such as exposed floor and ceiling rafters, trusses or beams, utility ducts and lighting must be limited to dining areas, dry food storage areas and may include areas over self-service beverage dispensing equipment. The exposed construction may not extend into bar areas or beverage dispensing areas where utensil washing or food or drink is prepared.

II. Health Requirements (2. HACCP Plan)

The Hazard Analysis Critical Control Point (HACCP) Plan ensures that you have strategies to handle food at specific temperatures regulated by the FDA STANDARDS. The process consists of meeting with a HACCP Plan Review Specialist to create a plan. The final plan will be submitted to the government for review. 

The HACCP Plan analyzes Critical Control Points (CCPs), or points in your cooking process where certain steps must be taken to avert food safety hazards. An example is checking the internal temperature of cooked meat to make sure it's not raw, or making ensuring a hot dish is cooled before serving to prevent burns. You must list all CCPs you will encounter while cooking your menu items and explain your plan to ensure that food is consistently safe for customers.You must analyze each item on your menu for CCPs and discuss your strategy for ensuring safety at each CCP.

You also need to schedule a meeting with an HACCP Specialist within the Department of Health. These specialists can help create your plan and ensure that everything looks good before submitting it to the county board for approval.

Our Library has a Guide, Examples, and Templates for completing the HACCP Plan. Check them out for more information.

II. Health Requirements (2. Classes / Certifications)

All managers must be certified in a Food Safety course and be a licensed Food Manager. The classes required are usually 16-hours for first timers, including a must-pass examination at the end. The class and exam usually cost around $140-$210 per person.  It is highly recommended completing this class at the beginning of your process as it will give you lots of information on other requirements and best practice strategies.

Lists of classes can be found here:

1. Premier Food Safety Courses
2. Maryland Food Safety Training
3. SafeServe Certification

II. Health Requirements (3. Inspections)

One of the final steps before legally open as a restaurant involves passing an inspection by the Department of Health. Make sure you have finished your building and completed you HACCP Plan before applying for inspection as they will be evaluated as part of the process.

The inspection will look specifically at the following:

1. Food is obtained from an approved source
2. Food is protected from adulteration, spoilage, and contamination
3. Food is restricted during illness or infection
4. Food workers practice effective handwashing
5. Food is properly cooled
6. Food is held at proper cold holding temperature
7. Food is held at proper hot holding temperature
8. All existing refrigeration equipment must maintain the internal temperature of potentially hazardous food at 41 degrees F or less
9. Food is cooked to proper temperature
10. Food is reheated to proper temperature
11. Potable hot and cold running water is provided
12. Sewage is properly discharged

IV. Liquor (1. New Liquor License)

There are many forms that you need to fill out, and even if everything is completed correctly it can take the governmental board months or even years to approve your liquor license, which is why an experienced lawyer can come in handy. If you wish to complete the process yourself or do some research before consulting a lawyer the needed documents for submission are listed below:

1. Six copies of the Financial Information form for each applicant and investor
2. Six copies of the Application form that has been completed by each applicant and the owner of the property and notarized by the State Comptroller
3. Six signed an notarized copies of the Management Agreement
4. Check for $600 made payable to Anne Arundel County. This covers the cost of the hearing, advertising, and sign for posting of the property.
5. Seven copies of the location map clearly showing the location of the track of land within the county
6. Seven copies of the metes and bounds description of the said tract
7. Seven copies of a detailed site plan to scale, prepared by a registered land surveyor or engineer, depicting the location, height, floor area, and square footage of all buildings or structures, parking, number of parking spaces, and any other physical features inherent or proposed on the property
8. Seven copies of a registered survey showing distance from nearest church, school, and county/public recreational facilities
9. Seven copies of a registered survey showing distance from any residential property (This is only for a music and/or dancing license)
10. Seven copies of the Review Form for Alcohol Beverages License for the Office of Planning Code Enforcement
11. Seven copies of the building floor plans detailing all building areas from which alcoholic beverages are to be sold, served, or stored, showing improvements or interior details as to the layout of the various areas, along with indications of seating capacities, number of employees, etc.
12. Six sets of the following: Articles of Incorporation, by-laws, minutes of the stockholders meeting, stock certificates issued to the applicants, a list of all stockholders, an original Certificate of Good Standing from the State Department of Assessments and Taxation, Franchise Agreement if applicable, any and all exhibits that will be presented at the hearing.
13. Six copies of proof of residency and tax payer (paying taxes of real property) in Anne Arundel County for two (2) years preceding the filing of this application, along with a copy of your voters registration card, naturalization certificate if applicable, and photocopy of driver’s license for each applicant.
14. One set of the following: Workmen’s compensation, Alcohol Awareness Certificate, Certificate of Use, Occupancy Permit, Retail Sales License, Traders License, Health Department License, Copy of Application for Federal Special Tax Stamp, and Capacity Sign, if the Board approves the application for a license.

IV. Liquor (2. Transfer Liquor License)

Though transferring a License is a simpler process than obtaining a new License, it still can be very difficult and time consuming. We would recommend hiring an experienced Lawyer to help assist you.

You should submit the following:

1. Six copies of the Financial Information form for each applicant and investor
2. Six copies of the Application form that has been completed by each applicant and the owner of the property and notarized by the State Comptroller
3. Six signed an notarized copies of the Management Agreement
4. Check for $600 made payable to Anne Arundel County. This covers the cost of the hearing, advertising, and sign for posting of the property.
5. Six sets of the following: Articles of Incorporation, by-laws, minutes of the stockholders meeting, stock certificates issued to the applicants, a list of all stockholders, an original Certificate of Good Standing from the State Department of Assessments and Taxation, Franchise Agreement if applicable, any and all exhibits that will be presented at the hearing.
6. Six copies of proof of residency and tax payer (paying taxes of real property) in Anne Arundel County for two (2) years preceding the filing of this application, along with a copy of your voters registration card, naturalization certificate if applicable, and photocopy of driver’s license for each applicant.
7. One set of the following: Workmen’s compensation, Alcohol Awareness Certificate, Certificate of Use, Occupancy Permit, Retail Sales License, Traders License, Health Department License, Copy of Application for Federal Special Tax Stamp, and Capacity Sign, if the Board approves the application for a license.
8. The present licensee(s), along with all the above information, and the current license must be brought to the Board of License Commissioners Office