Who Licenses a Restaurant in Minnesota: City, County or the Department of Health
Who Licenses a Restaurant in Minnesota: City, County or the Department of Health
A Minnesota restaurant is licensed by the Minnesota Department of Health (MDH), Food, Pools, and Lodging Services, unless MDH has delegated licensing to a local health agency. Which office applies depends on the city and county where the restaurant sits, not on the menu. Some local agencies are counties, a few are cities, and in many places MDH licenses directly. Find out which office covers your address before you sign a lease or order equipment, because that office also reviews your plans before you open.
This guide explains how the licensing split works, which cities run their own programs, and how to confirm the right office for your location. It is informational content, not legal or tax advice.
The short answer
A restaurant in Minnesota gets its food license from one of two places:
- The Minnesota Department of Health, when MDH licenses restaurants at your address.
- A local health agency, when MDH has delegated licensing there. That agency is usually a county, and in a few places it is a city.
Either way, the license comes from Minnesota Statutes, section 157.16. You need the license and plan review approval in hand before you open. Minnesota issues no general statewide business license, so the restaurant license is one of several separate approvals you will need.
Why the answer depends on your address
Minnesota has 87 counties, about 853 cities and about 1,780 townships. Licensing jurisdiction follows the county and, in some places, the city. Two restaurants a short drive apart can fall under different licensing offices. Do not assume that the office serving your home city, your neighboring town or your other business location also covers this site.
Cities that run their own restaurant licensing
MDH publishes a licensing contacts list, dated February 4, 2026, that names the local agencies. It is a mix of counties and a few cities. The following cities run their own licensing on that list:
- Minneapolis
- Bloomington
- Brooklyn Park
- Edina
- Minnetonka
- Richfield
- Maplewood
- St. Cloud
Hennepin County licenses the rest of its suburbs and excludes the cities above. Ramsey County licenses its territory but excludes St. Paul and Maplewood. Because a city can be on the list while its neighbor is not, check the exact address rather than the city name alone.
St. Paul is a split case
St. Paul restaurants are licensed by MDH, not by the city. The city's own guidance says MDH licenses restaurants and the Minnesota Department of Agriculture (MDA) licenses prepackaged retail. The city still handles zoning, fire safety and the Certificate of Occupancy. A St. Paul restaurant therefore deals with two offices for two different approvals, and the food license does not replace the city paperwork.
MDH is the licensing office in many counties
Outside the local agencies on the list, MDH licenses restaurants directly. The list names Dakota, Scott, Carver, St. Louis and Blue Earth counties as examples of places where MDH does the licensing. Confirm your own county on the current list, since the list changes.
How to confirm the right office before you apply
- Start with the restaurant address. Use the street address of the building, not the mailing address on your LLC or your home address.
- Check the MDH licensing jurisdiction lookup. If you cannot find it or the answer is unclear, call MDH at 651-201-4500 and ask which office licenses a restaurant at your address.
- Confirm the zoning use with the city. Ask the city planning or zoning office whether a restaurant is allowed at the site before you sign a lease.
- Request the current application and fee schedule. Get them from the office that will license you. Do not rely on an old checklist or a forum post.
- Get the answer in writing. Keep the name of the office, the person you spoke with and the date of the call.
What the license costs and requires
Under Minnesota Statutes, section 157.16, a restaurant license carries a $300 base fee plus category fees. The category fee depends on the type of operation, and this guide does not list category amounts. Confirm the category fee for your operation with the office that will license you before you budget for it.
Plan review approval is a separate step from the license, and you need both before you open. Build plan review into your construction and opening timeline, and ask the licensing office how long its review usually takes. Do not assume that a quick city zoning approval means the food license is close behind.
Approvals that come from other offices
The restaurant license is only part of the picture. Use this table to map the other approvals to the right agency.
| Approval | Who issues it | What to know |
|---|---|---|
| Restaurant food license | MDH or a local health agency | Minn. Stat. 157.16. Requires plan review approval before opening. $300 base fee plus category fees. |
| Zoning, fire safety and Certificate of Occupancy | The city | In St. Paul, the city handles these even though MDH licenses the restaurant. Confirm the process with your city elsewhere. |
| Sales tax registration | Minnesota Department of Revenue | Register for a Minnesota Tax ID and a Sales and Use Tax account before making taxable sales. The state rate is 6.875 percent, with local taxes on top. |
| Liquor license | Confirm with your city and the Alcohol and Gambling Enforcement Division | A separate application. Confirm which office issues it for your location before you plan a bar or wine service. |
| Prepackaged retail sales | Minnesota Department of Agriculture | Applies if you sell prepackaged food items in addition to serving meals. Confirm scope with MDA. |
Minnesota also has no general business license. The Department of Revenue registration is a tax account, not a license, and a Secretary of State filing is a filing, not a license. Licensing is by trade or activity, which is why the restaurant has to be checked against each agency that covers its operation.
Entity and trade name filings are not restaurant licenses
Many restaurant owners form an LLC or corporation first. That filing goes to the Secretary of State and does not replace the food license.
- LLC Articles of Organization cost $155 online or in person, or $135 by mail. The Annual Renewal costs $0 and is due December 31 each year.
- Corporation Articles of Incorporation cost $155. The Annual Renewal costs $0 and is due December 31 each year.
- Certificate of Assumed Name (DBA) costs $50 online or in person, or $30 by mail. If the restaurant operates under a name other than the owner's legal name, file this certificate. It must be published for two successive issues in a qualified legal newspaper in the county of the principal place of business, and failure to publish may make it invalid. The certificate must be renewed annually at no charge.
LLC and corporation formation does not require publication. Only the DBA does. Tax treatment also depends on the entity: an LLC taxed as a partnership or disregarded entity passes income to its owners, while a C corporation pays the 9.8 percent corporation franchise tax. Ask a CPA which structure fits your situation.
Common mistakes to avoid
- Assuming the city license covers food safety. In most of the state, the food license comes from MDH or the county.
- Using the licensing office for a neighboring city. The list is by address, not by region.
- Signing a lease before confirming the licensing office and zoning use.
- Treating an LLC, corporation or DBA filing as if it were the restaurant license.
- Opening before both the license and plan review approval are in hand.
Where to get help
- Minnesota Department of Health, Food, Pools, and Lodging Services: use the licensing jurisdiction lookup, or call 651-201-4500.
- Minnesota Secretary of State: https://www.sos.mn.gov/. Business filings and name searches are at https://mblsportal.sos.mn.gov/Business/Search.
- Minnesota Department of Revenue: https://www.revenue.state.mn.us/.
- License Minnesota: https://mn.gov/elicense lets you browse the licenses your business may need by topic, agency or A to Z index.
- Minnesota Small Business Development Center Network: free advising from the Minnesota Department of Employment and Economic Development at https://mn.gov/deed/business/help/sbdc/.
Disclaimer
This article is informational content, not legal or tax advice. Licensing jurisdictions, fees and office contacts change, and the figures above should be confirmed with the agency that will issue your license before you commit money or sign a lease. For a complex situation, such as a restaurant with liquor service, several locations, a building shared with other tenants, or a choice of entity, speak with a qualified attorney or a CPA who works with Minnesota businesses.