How to open a restaurant or café in Fairfax County, Virginia
Seven stages from idea to opening day, in the order most owners work through them, with links to the agencies involved.
Concept and numbers
Test the idea and the budget before you commit.
Draft your startup budget and break-even
Use your own numbers to see how much you need and what sales cover your costs. Revisit it as quotes come in.
Check that your name is available
Search Virginia business name records and the free federal trademark search before you print signs. This is research, not legal clearance.
Get free counseling before you commit
Fairfax County lists no-cost help, including Virginia Small Business Development Centers (SBDCs) and the Mason Enterprise Center, which offer individualized consulting and training for new businesses.
Ask BizEx and read the county restaurant guide
Fairfax County's BizEx program advises on zoning, building permits, parking, signs, licenses and taxes, and the county publishes a Restaurant Start-Up Guide for building or taking over a restaurant space.
Business setup
Register the business and its taxes.
Register your business entity with the SCC
If you form an LLC, corporation or partnership, register it with the Virginia State Corporation Commission, per Fairfax County's business-start guide.
File your trade name with the SCC
If you operate under a name other than your legal name, file a Certificate of Assumed or Fictitious Name with the State Corporation Commission. The Fairfax Circuit Court no longer takes new trade name filings.
Get a federal EIN if you need one
An EIN is needed if you hire employees or operate as a corporation or partnership. It is free from the IRS; be wary of sites that charge for one.
Register with Virginia Tax for sales tax
Register your business online with Virginia Tax for retail sales tax, and for employer withholding if you have Virginia employees.
Get a Fairfax County BPOL business license
File for the county BPOL license within 75 days of starting operations; late filing carries a 10% penalty. Businesses in the Cities of Fairfax and Falls Church and the Towns of Clifton, Herndon and Vienna are licensed by those localities instead.
Set up to collect the county Food and Beverage Tax
Since January 1, 2026, the county charges a 4% tax on prepared food and beverages. You file and pay monthly by the 20th, even with no sales. It doesn't apply in Clifton, Herndon, Vienna, or the Cities of Fairfax and Falls Church.
Your site
Find a location where your business is allowed.
Confirm zoning before you sign a lease
Check that a restaurant is allowed in the space under the Zoning Ordinance before leasing or buying. If the space held a different type of business, expect building plans, permits and inspections; parking may also need review.
Review your lease before you sign
Confirm the lease allows a restaurant and check who pays for build-out and upgrades. Consider having a lawyer review it; OpeningIQ can’t give legal advice.
Plan for accessibility
Businesses open to the public must follow the ADA. New construction and alterations must be accessible, and barriers in existing spaces must be removed where that’s readily achievable. Small businesses may qualify for a tax credit.
Plans, permits and build-out
Get the approvals to build out and prepare the space.
Get Health Department plan review before building
Apply for the Food Establishment permit in the county's PLUS portal and pay the application fee (listed as $80). You can't start construction until the Health Department finishes its plan review.
Get a commercial alteration building permit
For a new tenant layout, interior alterations or demolition, apply for a commercial Addition/Alteration (ALTC) permit in PLUS and get county inspections. Projects in Clifton or Vienna need separate town approvals.
Install a grease trap or interceptor
Food service establishments must install a grease trap or interceptor to keep fats, oils and grease out of county sewers, and keep cleaning records for three years.
Fairfax County Department of Public Works and Environmental Services ↗
Get Fire Marshal operational permits
The Fire Marshal requires operational permits for a commercial kitchen with a Type I hood, for assembly spaces with 50 or more occupants, and for open flames or candles in dining areas. Each lasts 365 days.
Fairfax County Fire and Rescue Department, Office of the Fire Marshal ↗
Get a sign permit before installing signs
You need a county sign permit, applied for in PLUS, for any sign you build, alter, reface or move. It also covers building and electrical permits. In Vienna or Clifton, get town approval first.
Get a permit for outdoor dining in a parking lot
Outdoor dining on an existing patio or sidewalk is allowed without a permit if it's no more than 50% of your indoor dining area. Dining in a parking lot needs an administrative permit through PLUS, with the owner's written permission.
Get your Non-Residential Use Permit (Non-RUP)
The Non-RUP is the county's certificate of occupancy and final approval. You need it for a new space or a change of use, after building permits pass final inspection. The county doesn't issue Non-RUPs in the Town of Vienna.
Licenses
Get the licenses that let you open.
Have a certified food manager on staff
A food manager with an accredited exam certificate must be present at the Health Department's pre-occupancy inspection.
Pass inspection and get your Food Establishment Permit
Schedule the Health Department pre-occupancy inspection at least 3 days ahead. Trade finals, working refrigeration and a final menu are required. Once you pass, post the permit and get your Non-RUP before opening.
Apply for a Virginia ABC retail license
Apply to Virginia ABC for an on-premises retail license. Include your lease, Virginia sales tax certificate, a menu with prices and your health permit. If you're an entity, also include SCC records.
Get the Fairfax County mixed beverage license
If you hold a state mixed beverage license, you also need the county one, filed online within 75 days. The tax depends on seating (listed as $200 for 50-100 seats) and renews by March 1.
Register with TTB before you sell alcohol
Businesses that sell alcohol must register with the federal Alcohol and Tobacco Tax and Trade Bureau before they start, for each location, and keep records of the alcohol they buy.
Get ready to open
Cover people, insurance and suppliers.
Register as an employer with the VEC
If you have employees in Virginia, register with the Virginia Employment Commission online (iFile/iReg) to determine your unemployment insurance tax liability.
Carry workers' comp if you have 3+ employees
If you regularly employ more than two part-time or full-time employees, carry Virginia workers' compensation coverage and post the Workers' Compensation Notice (VWC Form 1).
If you’ll hire, set up federal payroll taxes
Withhold federal income tax using each employee’s Form W-4, pay Social Security and Medicare taxes, and pay federal unemployment (FUTA) tax, which isn’t withheld from pay.
Complete Form I-9 for every hire
Employers verify each new employee’s identity and authorization to work on Form I-9 and keep it on file.
Report new hires to your state
Report each new employee to your state’s new hire directory within 20 days of hiring; some states require it sooner.
Put up required workplace posters
Which federal posters you need depends on the laws that cover you; the Labor Department’s free Poster Advisor tells you. States have their own posters too.
Arrange business insurance
Ask an insurance broker what coverage your lease, lender and licenses call for. This is an OpeningIQ suggestion, not an agency requirement.
Line up equipment, POS and food suppliers
Get quotes early and compare delivery, payment and support terms. Your budget should guide the choices.
Check every approval is in hand
Gather your permits, licenses, certificate of occupancy and certificates in one place, and confirm each matches your address and business name.
Open and stay current
Keep licenses, permits and filings current.
Renew permits and keep up inspections
Most Fairfax food establishment permits expire December 31 each year. Renew in your PLUS account before then, because renewals started after December 31 are subject to late fees.
Track these steps in a free private plan
Save your progress, notes and target dates, and see your next step at a glance. Your plan stays private and is never shared with suppliers.