How to open a restaurant in USA/How to set up restaurant in the US

How to open a restaurant in USA/How to set up restaurant in the US?

open a restaurant in USA-Open restaurants in the United States/US

(A)

1 open a restaurant in USA-restaurant name registration

The first step is to register restaurant name (Fictitious Name Filing). Sole proprietorship and partnership restaurants, require the registration of local restaurants in the county or municipal firm (DBA, Doing Business As). Registration is very simple, just to the local county branch of the County Clerk fill out the registration form, registration and the name used by restaurant owners of personal information, pay the registration fee (registration fee at $ 10 - $ 100).

2 open a restaurant in USA-Select the company registration form
Open a restaurant, first we have to choose what kind of business registration form for the restaurant. Forms of enterprises into three categories: sole proprietorship (Sole Proprietorship), a partner organization (Partnership) and Limited (Corporation). Currently more than 20,000 restaurants in the nation, of which 80% exists in the form of wholly-owned business.

Different forms of company registration, requirements are different, varying degrees of difficulty, involving different tax arrangements. The first two forms of company registration is relatively simple, in the local county or city government with the same firm to complete the registration.

If you choose to open a restaurant in the form of Corporation, the state must be registered with the government, which is the most complicated legal proceedings, should ask a professional solicitor, the relevant procedures.

Limited companies are divided into conventional (C Corporation) and small companies (S Corporation) of two types. The latter is relatively more suitable for start-up restaurant, where the special presentation. Although the commercial law is a limited liability on the same, but the tax on small companies need to double taxation. In the year-end tax time, after the balances of all income, deductible and various tax cuts declare in the 1120S and other general table, then the proportion of shares allocated in the K-1 sub-table. Our shareholders is based on K-1 sub-table reporting of income. The difference is that with the partnership, a small company's operating income do not pay social security taxes. In addition, small companies in the federal side is completely tax-free, but the state government provides for the profitability of small companies have to pay tax, but generally much lower than the normal rail company's taxes.

Although the upper reaches of small companies in many tax benefits, but the registration to be subject to many conditions, the following are the main restraints:
1) must be a U.S. company;
2) The shareholders shall not exceed 35 members;
3) The shareholders are all U.S. residents to be members, not a foreigner;
4) can only issue a stock;
5) requires the use of December 31, accounting for the year.
6) can not exceed the limits of small companies, for example, total annual income in thousands of dollars of funds within.
Finally, a small company is one of the major defects, restaurants, the scale of development will be limited.

Complete the formal registration of the company, the restaurant owners can negotiate leases on behalf of the company, opening a bank account.

3 open a restaurant in USA-Select the appropriate bank account set up business

Before the restaurant opened, it is necessary to set up a restaurant business bank account (Business Account). The first restaurant to open a new bank account, formalities, preparation for the opening when the unity of all expenses can be paid by the restaurant account to facilitate future for accounting and settlement.

Looking to open bank accounts, not just the sake of convenience, should be carefully considered, choose a high reputation, good service and most bank for your financial needs. Before opening an account, best banks in the play give a phone call, to find the bank manager (Bank Manager) asked to provide their bank account for the business which services, what benefits. Will compare the situation a few years the bank, which can be found in a bank right for you.

To open bank business account, must be the restaurant owner or principal manager in person, to carry personal social security number or federal employer identification number (Federal Employer Identification Number), driver's license and proof of registration of firms restaurant (Fictitious-Name Certificate). If Corporation, founded on the need to bring documents and company seal (Corporate Seal).

To open business accounts, many banks will take the initiative to ask if you need to receive credit card machine (Merchant Cards Machine). Most bank accounts directly to the restaurant connected with the automatic machine is connected to receive card. By automatically receive card machine, credit card payments restaurant every day can be charged on the day after closing the account automatically deposited into restaurants, very convenient. Most credit card receive a bank card machine leased to restaurant use, the basic charge per month equipment rental fee (about $ 20 - $ 50 million), and 3% -5% of credit card sales as a service fee. The restaurant through the credit card charge per $ 100, to pay banks $ 0.5-$. Bank free installation, maintenance, collection card machine, and train staff to operate restaurants using the received card machine. Each encounter operational problems, you can play 800 free call for help.
In addition to banks, there are also other types of companies offer a variety of machines and card account services received.

4 open a restaurant in USA-restaurant licenses and permits
To comply with local government regulations (Local Regulation), the vast majority of the city or county restaurant owners are required to apply for various licenses and permits. The most common license are: a business license (Business License), the retail license (The Sellers Permit), the Ministry of Health inspection certificate (Health-Department Permit), hanging signs license (Sign Permit) and so on.
(1) Business License (Business License)

Attachment: U.S. state institutions and business registration website
DELAWARE
WWW.STATE.DE.US
NEW YORK New York City government's registration department
WWW.DOS.STATE.NY.US
TENNESSEE Tennessee State Government's registration department
WWW.STATE.TN.US
CALIFORNIA California company registration department
WWW.SS.CA.GOV
TEXAS Texas state government company registration department 
WWW.SOS.STATE.TX.US
FLORIDA Florida State's registration department
WWW.DOS.STATE.FL.US
MICHIGAN Michigan government's registration department
WWW.MICHIGAN.GOV
MARYLAND Maryland government company registration department
WWW.DAT.STATE.MD.US
MASSACHUSETTS Massachusetts government's registration department
WWW.MAGNET.STATE.MA.US
NEW JERSEY New Jersey state government company registration department
WWW.STATE.NJ.US
WASHINGTON Washington State's registration department
WWW.SECSTATE.WA.GOV
CONNECTICUT Connecticut government department's registration
WWW.STATE.CT.US
HAWAII Hawaii government's registration department
WWW.HAWAII.GOV
ARIZONA Arizona State's registration department
WWW.CC.STATE.AZ.US
WISCONSIA Wisconsin Government department's registration
WWW.WDFI.ORG
OREGON Oregon State's registration department
WWW.SOS.STATE.OR.US
ILLINOIS Illinois State's registration department
WWW.SOS.STATE.IL.US
NEVADE Nevada state government company registration department
WWW.STATE.NV.US
MINNESOTA Minnesota State Government's registration department
WWW.SOS.STATE.MN
PENNSYLVANIA Pennsylvania state government's registration department
WWW.DCED.STATE.PA.US
MISSOURI Missouri State Government department's registration
MOSL.SOS.STATE.MO.US

How to set up restaurant in the US-open Restaurant in the United States (two)/open a restaurant in USA:

1 for new restaurants, whether new or take over the old restaurant, before opening the local government needs to (City Hall) The business license issued by the Department (City Business-License Department) apply for a business license and pay a license fee (the majority of year, $ 60 million). The application period is usually one week to one month between. After opening a business license needs to be updated annually. Provisions in addition to license fees in some cities, but also the total annual turnover (Gross Sales) as a percentage of charges.

Business license application must be City Planning Department generally (Planning / Zoning Department) for review. The unit is to examine the application site is located in the restaurant license allows the creation of the restaurant zoning. If the selected sites where the area is not allowed to open restaurants, restaurants will refuse to issue business licenses.

Under normal circumstances, as long as the original is in the restaurant's location, usually there is no planning, it is easy to apply to the business license. Most retail stores, gas stations are not difficult to obtain site restaurant business license. If it is to buy land to build new restaurants, restaurant or place of choose not originally converted restaurant, must apply before the city started planning for the review. Sometimes need to hold a hearing streets (Public Hearings), listen to the views of neighbors, in the absence of objection, allowed under construction.

2 retail license (The Sellers Permit)
New restaurants opened, it must apply to the State Board of Equalization retail right to obtain a retail license (The Sellers Permit) before opening, and based on the retail sales tax license number declaration (Sales Tax). The newly opened restaurant in the first three to six months, the need to report monthly sales tax; then, by the State Board according to the size of the restaurant's sales, to determine their reporting frequency: monthly or quarterly basis. In general, the monthly sales of two million or less according to the restaurant only quarterly sales tax returns.
Retail license application takes about two weeks (1-2Weeks). If the restaurant opened in time for pressing, may require the issuance of temporary retail license (Temporary Permit), later replaced by the formal opening of the license.

3 Ministry of Health inspection certificate (Health Department Permit)
Restaurant business is mainly responsible for retail food, so also must pass before the opening of the county (County) health department's food hygiene inspection and approval. Access to health inspection certificate to the restaurant opening. New restaurant to fill out the inspection to the county Health Department application form and pay health inspection fees (not other state counties, California is $ 200 - $ 400 per hour). After the Ministry of Health sent inspectors to check restaurants restaurant health field, including the overall cleanliness, kitchen equipment, food storage, sanitation and so on. Some in the restaurant because of the use does not meet specifications or quality standards of the commercial kitchen equipment and pass the health inspection. After the restaurant opened, the Ministry of Health should regularly check health status of the test period is usually six months.

4 county license file (County Permit)
Located outside the boundaries of the restaurants in the city (Outside City Limits), not a municipal jurisdiction, vested in the county government (County) jurisdiction. Such restaurants are required to apply for various County Business License. Generally speaking, the county government than government regulations to be relaxed.


5 hanging signs license (Sign Permit)
In recent years, many cities have implemented the provisions of hanging signs, business signs size limit, type, location, etc. hanging. Some landlords, such as shopping malls (Malls, Shopping Centers) rental manager, the appearance of the shop signs, have the same specifications and production requirements. Therefore, the restaurant owners in the production of signs before the parties concerned should seek a written permit.
Besides the above, some restaurants also need to apply for liquor or light wine business license (Liquor, Wine & Beer Licenses) and fire inspection certificate (Fire-Department Permit).

Buy or build a new restaurant the old restaurant
Run restaurants have two choices: buy an existing restaurant, or create a new restaurant.
Buy an old restaurant might be kind of a better choice. Because, the new restaurant directly increase a restaurant, market, the addition of a restaurant business dispute. If you buy an existing restaurant, do not usually enter into competition with vendors treaty to limit the scope of another in a nearby restaurant with the seller. As a result, the market is to maintain the same number of restaurants, market competition is not to become more intense.

1 Rent to buy
If you judge the restaurant's future direction uncertain, can be rented for the first restaurants to sign the contract. Lease after the expiration of one year and then decide to buy or cancellation, especially for inexperienced novice, rent to buy method is very effective.

(2) deposit
Buyer to pay a certain amount of deposit. In addition to a small amount of the deposit, as expressed sincere purchase can be delivered directly to the seller, the large sum of money must be deposited in brokering Escrow account until the transaction after the successful transfer of sale to the seller. Sometimes, sellers are unwilling to provide, to produce detailed accounts of the restaurant to you, in case you do not buy the restaurant and the restaurant business for sale revealed the secret. Then pay a small deposit as a guarantee, is reasonable. Pay the deposit when the signed treaty, indicate if the sale successful, the deposit amount to be deducted. If the deal fails, the buyer to give up the deposit, as the cost of verifying the accounts.

3, or buy shares to buy assets
Most of the restaurants are all independent operators or joint ventures. You are buying the assets of a restaurant. But for the Corporation operated restaurants, there are usually two choices: First, it has to purchase the assets (Asset); First, to the shareholders to purchase shares (Stocks), which owns the company.

To buy company shares means buying everything, including assets, legal or tax privileges, including all debt and other potential problems. The assets are only buying the company to buy part or all of the assets owned.

How to set up restaurant in the US-run restaurants in the United States (c)


In the United States/US open a restaurant - sale and purchase agreement, contract protection clause
As a buyer, you should contract for the book included in the sale and purchase agreement: If any of the following phenomenon, unconditional surrender:
1 are not properly licensed, liquor licenses, etc.;
(2) the landlord does not agree to transfer the lease;
3 get loans, or loan interest rates exceed a certain percentage rate;
4. ESCROW process, fire and other restaurants.
5 Trading Brokers
Commercial real estate brokers or agents, usually on behalf of the seller, received a percentage of restaurant sales commission. About 6% real estate commissions, commercial sale commission of 10%. You can hire an experienced restaurant managers or business broker, buyer broker as your own, usually paid by the hour.
6 sale of transfer ESCROW

Decided to deal, the best way is to transfer to Business Escrow to open trading accounts, payment transactions through the Escrow to complete the process. Escrow transfer, coupled with the transfer or apply for a liquor license, the time roughly 30 to 90 days.
Escrow is a transaction intermediary sale and purchase agreement execution, sale and purchase agreement to assist buyers and sellers to fulfill all the details. The bulk of business transactions projects, the seller and buyer are each represented by a lawyer or broker, negotiating the transaction. And small business transactions, such as the price of three to five million of the loss of restaurants, usually without a lawyer or broker, agreed by both parties on their own verbal agreement, then go to Escrow for transactions.
All buyers and sellers should make detailed oral agreement Escrow staff told to write statements of restaurant prices. Formalities, the buyer and the seller must also attend. If husband and wife or joint venture partner, you need to sign the same.

Sale of a lease of the old restaurant, to the Escrow procedures for the process and the basic documents as listed below:
1) Amendment To Instruction description of the process and procedures for all relevant units of the contact phone number, address;
2) Bill Of Sale Restaurant price report;
3) Purchase Price Allocation price category list of projects includes the following items: equipment, equipment list (Fixture And Equipment), the value of the lease and store decoration Lease / Leasehold Improvement, restaurants extraordinary potential value of money or goodwill Goodwill, sellers do not compete Compact Non-Competitive Agreement, inventory Inventory, other value Other, the total value of the Total.
4) Covenant Not to Compete seller does not guarantee competition
5) Lease Cancellation Agreement relieve the vendor lease terms.
Usually in the transfer, the new owner and the landlord signed the lease but the vendor has been lifted. Lease deposit (Lease Deposit) how to calculate, can be clearly indicated in the trade treaty.
6) Clearances From State Board of Equalization and EDD to ensure that the old owners did not owe the government's sales tax and employee tax.
7) Closing Statement end of the trading transaction report.
Escrow transfer to open trading, also need to pay the fee, the price is about one thousand yuan, can be both buyers and sellers equally.

In the United States/US open a restaurant - restaurants must hold a health certificate
Above procedure is complete, the restaurant must also comply with the formal operation of the relevant provisions of the Department of Health. From early February 1998 in Los Angeles County, the first legislation, the states followed suit after the U.S. signed a new food hygiene control regulations (AB1978 Act). The Ordinance, each supply location, whether it is a new company restaurants or accept business of the old restaurant, have to be sending at least one restaurant employee (or employer I), approved by the Government in the relevant food hygiene operation test. Passed the examination, was granted a certificate of food hygiene. Each food handling establishments, restaurants have to be specified by the owner or an employee holding a certificate of food hygiene, the frequency that each business must have a certified employee within (or employer) present.

Certificates of examination content of food hygiene, including a total of four chapters, a total of 12 sections. Aims to enhance the operator's understanding of food safety; to expand basic understanding of the disease contaminated food; enhance the operator to operate in the daily work of standardization. Hygienic Food quiet end to the purpose of standardization. Restaurant owners as soon as possible in order to obtain a certificate of food hygiene officially opened restaurants.