Licenses and permits to open a restaurant in Milpitas
Opening a restaurant in Milpitas takes 12 filings with 9 agencies, starting with the Articles of Organization (California LLC) and ending with the LLC annual tax ($800). The fixed government fees add up to about $890, 6 fees are set by the space or the business and 3 filings are free. Build-out, insurance and adviser costs are on top.
Fees and timelines at a glance
A restaurant files the most: company and tax registration, then the build-out, the health permit and the inspections that come with it. In Milpitas, hot pot restaurants and dessert shops file exactly the same filings.
| Filing | Agency | Government fee | How long | Renews |
|---|---|---|---|---|
| Articles of Organization (California LLC) | California Secretary of State | $70 | Online filings are currently reviewed about 3 days after receipt (mail about 8 days), per the Oct 8, 2026 queue. | Statement of Information (LLC-12, $20) within 90 days, then every two years. |
| Statement of Information (California LLC) | California Secretary of State | $20 | Not listed | Every two years, in the anniversary month of formation and the five months before it. |
| Application for Employer Identification Number (EIN) | Internal Revenue Service | Free | Fax: about 4 business days. Mail: about 4 to 5 weeks. Phone: issued on the call. | Not listed |
| Seller's permit | California Department of Tax and Fee Administration | Free | Often issued the same day. | Does not expire. |
| Certified food protection manager | California Retail Food Code, enforced by the county or city environmental health department | Varies | Not listed | Every 5 years. |
| Food handler cards for staff | California Retail Food Code, enforced by the county or city environmental health department | Varies | Not listed | Every 3 years. |
| City of Milpitas business license | City of Milpitas Finance Department | Varies | Not listed | Not listed |
| Registration Form for Commercial Employers | California Employment Development Department | Free | Mail-in registration takes about 10 to 14 days; online is faster. | Not listed |
| Food facility plan check | County of Santa Clara Department of Environmental Health | Varies | After payment, inspector review may take up to 20 business days. | Not listed |
| Building permit for the tenant improvement | City of Milpitas Building Safety and Housing | Varies | Not listed | Not listed |
| Health permit to operate a food facility | County of Santa Clara Department of Environmental Health | Varies | The county's plan review can take up to 20 business days, and the invoice for the operating permit is sent after the final inspection passes. | Every year. |
| LLC annual tax ($800) | California Franchise Tax Board | $800 | Paying the $800 LLC tax online through Web Pay is immediate; it's due by the 15th day of the 4th month of the LLC's tax year. | Every year, by the 15th day of the 4th month of the tax year. |
Articles of Organization (California LLC)
California Secretary of StateCalifornia
Filed online in bizfile Online.
- Fee
- $70
- Filed
- Filed online
- Takes
- Online filings are currently reviewed about 3 days after receipt (mail about 8 days), per the Oct 8, 2026 queue.
- Renews
- Statement of Information (LLC-12, $20) within 90 days, then every two years.
Statement of Information (California LLC)
California Secretary of StateCalifornia
Due within 90 days of forming or registering the LLC in California, then every two years. Filed in bizfile Online, or on the paper form by mail.
- Fee
- $20
- Filed
- Filed online
- Renews
- Every two years, in the anniversary month of formation and the five months before it.
Application for Employer Identification Number (EIN)
Internal Revenue ServiceUS federal
Owners with an SSN or ITIN apply online. A company whose responsible party has neither (most China-based owners) faxes or mails Form SS-4, or calls the IRS international line.
- Fee
- Free
- Filed
- Paper form, faxed or mailed
- Takes
- Fax: about 4 business days. Mail: about 4 to 5 weeks. Phone: issued on the call.
Seller's permit
California Department of Tax and Fee AdministrationCalifornia
Register online before your first sale; one permit for each location.
- Fee
- Free
- Filed
- Filed online
- Takes
- Often issued the same day.
- Renews
- Does not expire.
Certified food protection manager
California Retail Food Code, enforced by the county or city environmental health departmentCalifornia
An owner or employee of a place that prepares, handles or serves unpackaged perishable food passes a food protection manager exam from an accredited organization. A new place, a new owner, or a place that loses its certified person has 60 days to have one, and one person can't be certified for two locations. Keep the certificate on file for the inspector.
- Fee
- Varies
- Filed
- Filed online
- Renews
- Every 5 years.
Food handler cards for staff
California Retail Food Code, enforced by the county or city environmental health departmentCalifornia
Every employee who prepares, stores or handles food gets a California Food Handler Card from an accredited course within 30 days of hire; the card is good for 3 years. Anyone holding a valid food manager certificate is exempt.
- Fee
- Varies
- Filed
- Filed online
- Renews
- Every 3 years.
City of Milpitas business license
City of Milpitas Finance DepartmentMilpitas
A commercial application is reviewed and approved by Building and Planning before the license issues.
- Fee
- Varies
- Filed
- Filed online
Registration Form for Commercial Employers
California Employment Development DepartmentCalifornia
Register in e-Services for Business within 15 days of paying over $100 in wages.
- Fee
- Free
- Filed
- Filed online
- Takes
- Mail-in registration takes about 10 to 14 days; online is faster.
Food facility plan check
County of Santa Clara Department of Environmental HealthSCC
Email the application, scaled plans, menu and equipment sheets to dehplancheck@deh.sccgov.org, then pay the invoiced review fee. The city needs the county's stamped plans before its own plan check.
- Fee
- Varies
- Filed
- Paper form, mailed
- Takes
- After payment, inspector review may take up to 20 business days.
Building permit for the tenant improvement
City of Milpitas Building Safety and HousingMilpitas
Submit the items on the city's tenant improvement list; a food facility brings drawings approved by Santa Clara County first.
- Fee
- Varies
- Filed
- Filed on the agency's portal
Health permit to operate a food facility
County of Santa Clara Department of Environmental HealthSCC
Submit the permit application by email or in person at or before the final inspection; the operating fee is invoiced after the final.
- Fee
- Varies
- Filed
- Paper form, mailed
- Takes
- The county's plan review can take up to 20 business days, and the invoice for the operating permit is sent after the final inspection passes.
- Renews
- Every year.
LLC annual tax ($800)
California Franchise Tax BoardCalifornia
Paid every year by every LLC registered or doing business in California.
- Fee
- $800
- Filed
- Filed online
- Takes
- Paying the $800 LLC tax online through Web Pay is immediate; it's due by the 15th day of the 4th month of the LLC's tax year.
- Renews
- Every year, by the 15th day of the 4th month of the tax year.
Questions and answers
How much do the permits cost to open a restaurant in Milpitas?
The fixed government fees add up to about $890, 6 fees are set by the space or the business and 3 filings are free. The largest fixed fee is the LLC annual tax ($800), at $800. Build-out, insurance and adviser costs are on top.
How long do the permits take for a restaurant in Milpitas?
The times the agencies give. Articles of Organization (California LLC): Online filings are currently reviewed about 3 days after receipt (mail about 8 days), per the Oct 8, 2026 queue. Application for Employer Identification Number (EIN): Fax: about 4 business days. Mail: about 4 to 5 weeks. Phone: issued on the call. Seller's permit: Often issued the same day. Registration Form for Commercial Employers: Mail-in registration takes about 10 to 14 days; online is faster. Food facility plan check: After payment, inspector review may take up to 20 business days. Health permit to operate a food facility: The county's plan review can take up to 20 business days, and the invoice for the operating permit is sent after the final inspection passes. LLC annual tax ($800): Paying the $800 LLC tax online through Web Pay is immediate; it's due by the 15th day of the 4th month of the LLC's tax year.
Which agencies issue the permits for a restaurant in Milpitas?
The 12 filings go to 9 agencies: California Secretary of State, Internal Revenue Service, California Department of Tax and Fee Administration, California Retail Food Code, enforced by the county or city environmental health department, City of Milpitas Finance Department, California Employment Development Department, County of Santa Clara Department of Environmental Health, City of Milpitas Building Safety and Housing and California Franchise Tax Board.
What is the first filing to open a restaurant in Milpitas?
The Articles of Organization (California LLC), with the California Secretary of State. Filed online in bizfile Online.
More on opening in Milpitas
Questions people ask
- How do I get an EIN without an SSN or ITIN?
- How long does it take to get an EIN?
- Does a foreign-owned single-member LLC have to file Form 5472?
- How do I become an importer of record in the US?
- Do I need a seller's permit in California?
- Does a new California LLC have to pay the $800 tax in its first year?
Other businesses in Milpitas
Every filing links to the agency's own page, and every fact comes from an official form or agency page. Agency requirements change; check the agency's page before you file. How we source and check these guides
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Get the plan for your restaurant in Milpitas
This guide covers the city. Your exact address decides the county, the health district and the zoning. Placetta maps every filing for it, fills the official forms from your details, adds the deadlines and puts them up for your approval.
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