How to open a restaurant or café in San Antonio
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 Texas business name records and the free federal trademark search before you print signs. This is research, not legal clearance.
Get free startup help from the City of San Antonio
Launch SA, funded by the City, offers workshops, mentorship, coaching and business advising. City Business Outreach Specialists can also help as your business develops; reach them through 3-1-1 or 210-207-6000.
Book a free Development Services consultation
Before you sign a lease, you can get a free commercial consultation at the Development Services One Stop (1901 S. Alamo) to verify zoning, check platting and get early guidance on construction. Call 210-207-0126 to schedule.
Business setup
Register the business and its taxes.
Form your LLC or corporation with the Secretary of State
If you're setting up an LLC, corporation, or limited partnership, you form it by filing a certificate of formation with the Texas Secretary of State. You can file online through SOSPortal.
File an assumed name (DBA) with the Bexar County Clerk
If your unincorporated business will operate under an assumed name, file an Assumed Name Certificate with the Bexar County Clerk. Each business partner must sign it before a notary. You can file by mail, in person, or online with in-person payment within five days.
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.
Get a Texas sales and use tax permit
If you sell taxable items in Texas, you need a sales and use tax permit from the Comptroller. You can apply online through eSystems; the Comptroller says to allow 2–3 weeks to receive it.
Understand mixed beverage taxes if you'll serve alcohol
With a mixed beverage permit, your alcohol sales are subject to mixed beverage gross receipts tax and mixed beverage sales tax, and you still need a sales tax permit. Wine-and-beer or beer-only on-premise holders owe only sales tax on those sales.
Your site
Find a location where your business is allowed.
Confirm the location's zoning allows a restaurant
Look up the property's zoning on the City's One Stop Zoning Map or call 210-207-1111. Permitted uses by zoning district are in the Unified Development Code (Sec. 35-310.01, Tables 311-1 and 311-2).
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 a building permit for construction or remodeling
You need a building permit if you build from the ground up, change the structure, demolish, alter the interior or expand the use. Apply online through the City's BuildSA portal.
Get fire permits for suppression, sprinkler or alarm systems
If you install a fixed-pipe suppression system, sprinklers or a fire alarm, you need San Antonio Fire Department permits (Fixed Pipe, Sprinkler or New Alarm System). Apply through the BuildSA portal; call 210-207-8410 with questions.
Install a grease trap and dispose of grease properly
City ordinance requires restaurants to use grease traps and to dispose of oil and grease in an approved container. San Antonio Water System (SAWS) enforces this and can fine businesses that don't comply.
Prepare for the Metro Health certificate of occupancy inspection
Metro Health's checklist lists what it checks, including hand sinks near prep areas with hot and cold water, a 3-compartment sink with drain boards on both sides, and a mop sink if you serve potentially hazardous foods.
Get a Certificate of Occupancy from Development Services
Every commercial building needs a Certificate of Occupancy, and you need a new one if your use differs from the prior business or you will sell alcohol. After you apply, the City schedules inspections, typically building, electrical, mechanical, plumbing and fire, and possibly Metro Health.
Get a sidewalk café permit for downtown outdoor seating
Street-level restaurants downtown need an annual permit to use the public sidewalk (not Market Square, La Villita or the River Walk). Keep a 6-foot pedestrian path. Email documents to downtown@sanantonio.gov; staff visit the site before approval. Annual fees are $250–$750 by size.
Have a licensed sign contractor get your sign permit
Freestanding signs, electric signs and signs over 32 square feet on a building or fence need a permit, and only licensed sign contractors can request one. Portable signs are not allowed in the city.
Licenses
Get the licenses that let you open.
Have a Certified Food Manager on duty at all times
If you serve open, potentially hazardous foods or drinks, you need one Certified Food Manager on duty during all operating hours. Take a DSHS-approved or ANSI-accredited course, pass the exam, and post the certificate where customers can see it.
Apply for a TABC permit or license to serve alcohol
Apply through TABC's AIMS system for the right on-premise permit (e.g., Mixed Beverage, Wine and Malt Beverage Retailer's, or Beer On-Premise). Complete the public notice, publisher's affidavit, and city, county, and state certificates; TABC says issuing can take 30–35 days after a complete application.
Choose the right TABC on-premise permit type
A Mixed Beverage permit (MB) covers spirits, wine, and beer on-premise; a Wine and Malt Beverage Retailer's permit (BG) covers wine and beer; a Retail Dealer's On-Premise license (BE) covers beer. Restaurants may also qualify for a Food and Beverage Certificate.
Post TABC's 60-Day Sign at a new location
If your location wasn't licensed by TABC for on-premises consumption in the prior two years, you must post the 60-Day Sign outdoors, visible to the public, for 60 days before TABC can issue your permit. You may post it before you apply.
Buy your Metro Health Food Establishment Permit
After all inspections pass, bring a valid Certificate of Occupancy to the Development and Business Services Center (1901 S. Alamo) to buy your food permit. The annual fee is $310, $618 or $928, based on gross annual food sales.
Get City certification for your TABC alcohol application
To sell alcohol, get the Certificate of City Secretary for your TABC prequalification from the Development Services Zoning Section. You'll need a survey showing distances to churches, schools and hospitals (300-foot rule) and a notarized affidavit.
Pay the City liquor license fee before selling alcohol
After you get your state TABC license, pay the City of San Antonio liquor license fee before you sell alcohol, and post the City fee receipt next to your state license. Renewal fees are due by your license's expiration date.
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.
Make sure food employees finish food handler training
Texas rules say all food employees must complete an accredited food handler training course within 30 days of employment. Accredited food handler cards are recognized statewide.
Register with TWC for state unemployment tax
Once you pay $1,500 or more in gross wages in a calendar quarter, or have at least one employee in 20 different weeks of a year, you're a liable employer and must register with TWC within ten days, using its Unemployment Tax Registration (UTR) system.
Decide on workers' comp — and notify if you opt out
Most Texas private employers can choose not to carry workers' comp. If you don't, file a notice of no coverage with DWC after hiring your first employee and yearly (Feb 1–Apr 30), post a no-coverage notice for employees, and give new hires written notice.
Texas Department of Insurance, Division of Workers' Compensation ↗
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.
Have your grease interceptor inspected every year
If you use a grease interceptor, a licensed plumber or SAWS-approved professional must inspect it every year and write a report with photos. You must fix any defects within 90 days.
Pay your food permit fee every year
The food permit fee is annual and based on your gross annual food sales. A change of ownership needs a new permit and a health licensing inspection.
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.