How do I open a stationary food business (carts, trucks, or trailers)?

Your business plan communicates what your business does, your vision for the future, and the steps you will take to reach those objectives. Generally, the business plan should include:

1. An executive summary
2. A marketing plan
3. An operations plan
4. The proposed organizational structure
5. Financial projections

You have probably heard the terms sole proprietorship, general partnership, limited partnership, and type C or S corporation. The determination to form a company under a particular structure has much to do with the business activity, location, and organization.

The legal structure of the business will dictate many of the entity's operational functions and tax liability, entrepreneurs are encouraged to seek legal advice when considering these choices.

For more information, see our page on Business Structure.

Register your business correctly with the California Secretary of State (SOS). This should be done after you determine the most appropriate operating structure for your business and have determined its name. Sole proprietors do not need to register, but corporations, limited liability company, and partnerships must file with the SOS. 

You may also need to register with the Employment Development Department (EDD). An employer is required to file a Registration Form within 15 days after paying more than $100 wages to one or more employees

As a business owner, you are required to pay state and federal taxes on your business every year.

For federal taxes, you will need to apply for an Employer Identification Number (EIN).

For state taxes, you will need file with the California State Tax Franchise Board. 

The California Department of Tax and Fee Administration has a helpful guide on taxes for mobile food vendors. 

California requires that you obtain a  seller's permit if you are selling tangible, taxable goods (like food and clothing). You can apply for a Seller's permit through the California Department of Tax and Fee Administration (CDTFA). 

You may also be interested in getting a Resale certificate through the CDTFA. A California resale certificate lets you buy goods tax-free if you’re planning to resell them, rather than use them personally—just show it to your supplier at the time of purchase! This is limited to items you will not collect sales tax on, such as napkins or to-go boxes.

If your new entity will conduct business under a name that does not contain the surname of any and all owners, or is a corporation that will do business under a different name than is registered with the State, you will need to file a Fictitious Business Name Statement with the County of Sonoma Clerk-Recorder-Assessor’s Office. This application must be filed within 40 days of the business start date.

Every employer in California is required to have workers' compensation insurance, even if you only have one employee. Workers' comp insurance provides medical care, disability benefits, supplemental job displacement benefits, and death benefits. Don't be afraid to shop around for an insurance carrier that best meets your needs. 

If an employee files a claim, the Division of Workers' Compensation can help all parties understand their rights and responsibilities.

You will need a Food Safety Manager Certification within 60 days of opening your doors. In order to receive your certificate, you must pass a test. Most certifying agencies offer classes, but these classes are not required.

Additionally, if you plan on having any employees, they will need to obtain a Food Handler's license within 30 days of their hire date.

Alcoholic beverage licenses are issued and regulated by the California Department of Alcoholic Beverage Control (ABC).

Unfortunately, mobile food trucks are not allowed to apply for a permanent liquor license. That said, there are some specialty liquor licenses your business may be eligible for, such as: 

• 58 - Caterer's Permit: allows the sale and service of alcohol at events away from the primary business location
• 99 - On-Sale General for Special Use: allows the sale and service of alcohol for a specific event
• 68 - Portable Bar License: allows those with a permanent license to sell beer, wine, and distilled spirits from portable bars

 Applying for a new (or "original") license usually takes 90 days. Delays are common, so try to submit your application early. You are required to have a Seller's permit (issued by the California Department of Tax and Fee Administration) prior to applying for your liquor license.

To avoid unexpected costs and delays, be sure to contact Environmental Health (EH) and your local planning and building department for permitting requirements before:

1. Buying or leasing any property,
2. Performing any sort of construction on your property (updating floors, installing equipment, etc.).

Once you confirm your vehicle can be used, you need to get a Housing and Community Development (HCD) insignia for it. This is a small plaque that signifies your vehicle meets state standards.

You'll want to find a secure location for parking your vehicle and selling. Contact your local government zoning or business licensing department, as each city or unincorporated community may have different regulations for stationary food services. 

For special events, like a Farmer's Market, you may operate under a the event organizer's permit. Contact the event organizers to determine if your truck can operate under their permit. 

Once you select where to park your truck, establish a draft agreement with the business or property owner of that location. Check planning and zoning requirements with the Planning Division of the local jurisdiction. You need to file for a Use Permit.

For unincorporated Sonoma County, you can determine if the property already has a use permit by creating an Accela Citizens Access account and looking up your business address. Alternatively, you can call Permit Sonoma Records Division.

PermitSonoma-Records@sonoma-county.org

(707) 565-1900

For incorporated cities, get in contact with your local Planning Division.

If there is an existing Use permit on the property, you can file for a Use permit Amendment. 

If there is not an existing permit in place, you will have to file for a new Use permit. These are “discretionary” permits, which means they must be publicly noticed and receive public input. Approval of a Use Permit is never guaranteed. Discuss the process with the Planning Division of your local jurisdiction. 

Your project may also be subject to Design Review. Design Review is necessary for any exterior improvements to a commercial property, regardless if a Use Permit or Amendment is required.  If you need both a Use Permit or a Use Permit Amendment and a Design Review, they can be processed together as one Planning Project.

One of the most important pieces of your Mobile Food Facility application is the Commissary Agreement. A commissary, or certified commercial kitchen, is usually a large space that allows mobile and temporary food vendors to prepare their food in an inspected facility. You will need a signed commissary agreement as part of your Mobile Food Facility permit.

You can find a list of approved certified commercial kitchens from Environmental Health.

To avoid unexpected costs and delays, be sure to contact Environmental Health (EH) and your local planning and building department for permitting requirements before:

1. Buying or leasing any property,
2. Performing any sort of construction on your property (updating floors, installing equipment, etc.).

You will also have to apply for Plan Check with Environmental Health. The exact application and checklist you need to submit is based on the vehicle type and menu:

• Truck/trailer permits
  • Minimal or no preparation (for example: pre-packaged ice cream, coffee, produce)
  • Moderate preparation (for example: scooping ice cream, hot dogs, churros)
  • Extensive preparation (for example: tacos, curry, burgers)
• Cart permits
  • Moderate preparation food (for example: tamales, hotdogs)
  • Coffee

Depending on how extensive the preparation is for your food cart or truck, you

To cook with propane or gas, you may need to apply for a Propane Use for Outside Public Assemblies permit. Not every jurisdiction requires this type of permit - check with your local fire district to see if this permit is applicable to your food truck.

Also, be aware that there might be additional permits required depending on your specific location. It's a good idea to reach out to your local fire department to find out if there are any other special permits you might need. They’re there to help you navigate the requirements!