Burger restaurant License Requirements in Fontana, CA
Last reviewed: September 2026
Quick Answer
Burger restaurants in Fontana require a Health Permit issued by the San Bernardino County Department of Public Health, a seller's permit from the California Department of Tax and Fee Administration, and food handler cards for all employees under California Health and Safety Code § 113947.1. You must also obtain a federal EIN from the IRS and may need a conditional use permit from Fontana City Planning depending on your location's zoning classification.
Key Facts
- •Fontana burger restaurants require a health permit from San Bernardino County Department of Public Health.
- •Food handler cards mandatory for all employees under California Health and Safety Code § 113947.1.
- •Food protection manager certification required for at least one supervisor per shift.
- •Local conditional use permit needed from Fontana City Planning if in residential zone.
- •EIN and seller's permit required before opening.
State Licence Requirements
Licence name
Health Permit for Food Facility
Issued by
San Bernardino County Department of Public Health, Environmental Health Division
Cost
$500-$1,200
Processing time
2-4 weeks
How to apply
Apply for your health permit through the San Bernardino County Department of Public Health Environmental Health Division. First, complete a pre-operational inspection request form and submit it with your business location details, menu, and equipment list. The county will conduct a facility inspection to verify compliance with California Health and Safety Code § 113700 standards, including food storage, refrigeration, handwashing stations, and kitchen layout.
You must pass the pre-operational inspection before opening. Inspectors verify that your facility meets code requirements for food handling, sanitation, and equipment. Submit completed applications online through the county's Environmental Health portal or in person at 351 N. Mountain Avenue, Upland, CA 91786. Processing takes 2-4 weeks depending on inspection scheduling. Required documents include a valid business license from Fontana, proof of ownership or lease, food handler cards for key staff, and HACCP or food safety plan if required for your specific menu. Pay the permit fee at time of final inspection approval.
Federal Requirements
Burger restaurants must obtain an EIN (Employer Identification Number) from the IRS under 26 U.S.C. § 501, required for all business entities with employees. The FDA does not directly license burger restaurants but enforces food safety standards through the Food Safety Modernization Act (FSMA). Your facility must comply with FDA foodborne illness prevention requirements and allergen labeling under 21 U.S.C. § 343.
The U.S. Department of Labor requires compliance with the Fair Labor Standards Act (29 U.S.C. § 201), including minimum wage, overtime, and child labor provisions. If you have employees, you must register with the IRS for federal employment tax purposes and comply with I-9 verification requirements under the Immigration Reform and Control Act (8 U.S.C. § 1324a).
ADA (Americans with Disabilities Act) compliance is mandatory, including accessible parking, restrooms, and service counter heights. OSHA (Occupational Safety and Health Administration) standards apply to workplace safety, including kitchen hazard protocols and employee training. Alcohol sales, if applicable, require federal permits from the TTB (Alcohol and Tobacco Tax and Trade Bureau). All food products must be sourced from FDA-approved suppliers and meet labeling requirements under 21 U.S.C. § 343 regarding nutrition facts and allergens.
Local & County Requirements
Fontana burger restaurants require a business license from the City of Fontana Development Services Department, costing $150-$300 annually. A conditional use permit (CUP) is required if your restaurant is located in a residential or mixed-use zone under Fontana Municipal Code § 99-4.201, which requires neighborhood notification and city planning approval.
Zoning compliance is critical—your location must be in a zone that permits food service establishments (typically Commercial or Commercial Mixed-Use zones). Sign permits are needed for any exterior signage, regulated under Fontana Municipal Code § 99-2.1102. Building and electrical permits are required for any tenant improvements or kitchen modifications, issued by Fontana Building and Safety Division.
Fire code compliance includes kitchen hood suppression systems, exit signage, and occupancy limits, inspected by the Fontana Fire Department. Health and safety inspections occur quarterly under San Bernardino County standards. If serving alcohol (beer/wine), an ABC (Alcoholic Beverage Control) license is required—Fontana has specific restrictions on restaurant locations near schools and residences. Parking requirements typically mandate 1 space per 250 square feet of food service area under Fontana zoning code.
Total Cost Breakdown
Your first-year burger restaurant startup in Fontana requires significant licensing and permit costs. The San Bernardino County health permit costs $500-$1,200, depending on seating capacity and menu complexity. A Fontana business license costs $150-$300 annually. Food handler cards for 5-10 employees cost $10-$15 per card ($50-$150 total). A food protection manager certification (ServSafe) costs $130-$150 for your required certified supervisor.
If your location requires a conditional use permit from Fontana City Planning due to zoning, expect $500-$1,500 in application and processing fees. A sign permit costs $100-$250. Building permits for kitchen improvements or equipment installation range from $200-$800 depending on scope. If you serve alcohol, an ABC license adds $1,500-$4,000+ depending on license type and location.
Federal EIN registration is free but required. Fire inspection and approval adds $200-$500. General liability insurance for a small burger restaurant costs $1,000-$2,500 annually. First-year total regulatory and licensing costs typically range from $3,500-$8,000 excluding insurance and equipment. Year-two costs drop to $1,500-$2,500 as renewal permits cost less than initial applications and you eliminate one-time setup fees.
Licence Renewal
Your Fontana health permit must be renewed annually on your license expiration date, typically July 31st. Renewal fees range from $500-$1,200 depending on seating capacity and operational complexity. The San Bernardino County Department of Public Health sends renewal notices 30-60 days before expiration to your registered address.
To renew, submit the renewal application form with your current health inspection report and any updated menu items or equipment changes. Operating without a current permit results in immediate closure orders. Renewal requires passing an annual unannounced health inspection under California Health and Safety Code § 113885, which checks for sanitation, temperature control, and food storage compliance.
Continuing education requirements mandate that your food protection manager maintains current certification through an approved course (ServSafe Food Protection Manager or equivalent) renewed every 3 years. All food handler cards must be renewed every 3 years for all staff. Online renewal is available through the San Bernardino County Environmental Health portal; in-person renewal available at 351 N. Mountain Avenue, Upland, CA 91786. Late renewal penalties include $100-$250 additional fees plus potential closure orders.
Penalties for Operating Without a Licence
Operating a burger restaurant in Fontana without a valid health permit is a violation of California Health and Safety Code § 114381 and is subject to civil and criminal penalties. Civil penalties range from $250 per day of violation to $1,000+ per violation. The San Bernardino County Department of Public Health issues cease-and-desist orders immediately upon discovery of unpermitted operation, requiring immediate closure until permit is obtained.
Criminal penalties under California Health and Safety Code § 120570 can include misdemeanor charges with fines up to $5,000 and possible jail time up to 6 months for serious violations involving food contamination or public health hazards. Operating without required employee food handler cards (Health and Safety Code § 113947.1) results in $100-$300 fines per employee violation.
Violations are typically discovered through unannounced health inspections, customer complaints, or routine compliance checks. Insurance implications are severe: liability insurance for restaurants that operate unlicensed may be denied upon claim, exposing you to unlimited personal liability for foodborne illness claims. Health code violations appear on your permanent inspection record, affecting insurance premiums, bank financing, and business valuation.
Failing the pre-operational inspection prevents opening entirely until corrections are made. Repeated violations within 12 months can result in permit suspension or revocation, requiring closure. County enforcement includes monetary penalties, permit suspension (30-90 days), permit revocation, and referral for criminal prosecution for egregious violations.
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Frequently Asked Questions
How long does it take to get all licenses and permits to open a burger restaurant in Fontana?
The timeline from application to opening typically takes 6-12 weeks. The critical path is the San Bernardino County health permit pre-operational inspection (2-4 weeks), followed by Fontana business license approval (5-10 business days) and zoning verification (1-2 weeks if a conditional use permit is required). If you need significant kitchen modifications or improvements, building permits add 3-6 weeks. Food handler cards can be obtained in 1-2 days online. To accelerate, submit your health permit application and business license application simultaneously while your space is being prepared. Have your food protection manager certification completed before the health inspection. Missing documentation or health code deficiencies will delay approval by 2-4 weeks while corrections are made.
Do I need a conditional use permit for my burger restaurant in Fontana?
Whether you need a conditional use permit (CUP) depends entirely on your location's zoning designation. If your restaurant is in a Commercial (C-1, C-2) or Commercial Mixed-Use zone, you generally do not need a CUP and can operate by-right with just a business license. However, if your location is in a Residential, Residential Mixed-Use, or other zone not explicitly permitting restaurants, you must obtain a CUP from Fontana City Planning. The CUP process requires submitting a use permit application, site plan, parking analysis, and neighborhood traffic study; the city holds a public hearing (typically 30-60 days after application); and the planning commission votes to approve, conditionally approve, or deny. Costs range from $500-$1,500. Contact Fontana Development Services at (909) 349-6700 to confirm your location's zoning and CUP requirement before spending significant time and money on lease negotiation.
Can I get a burger restaurant license from another California city and operate in Fontana?
No, licenses do not transfer between cities or counties. Each restaurant must obtain its own health permit from the county where it operates. If you operated a burger restaurant in Los Angeles County, your LA health permit is not valid in San Bernardino County (where Fontana is located). You must apply for a new health permit with the San Bernardino County Department of Public Health, undergo a separate pre-operational inspection, and meet Fontana's specific zoning and building requirements. However, your food handler cards and food protection manager certification are valid statewide and do not need to be re-obtained. Your prior health inspection history may help if you can demonstrate experience, but you still need local approval from San Bernardino County. This is why multi-location operators maintain separate permits for each location.
What happens if I start serving burgers before getting my health permit?
Operating without a health permit is illegal under California Health and Safety Code § 114381 and will result in immediate enforcement action. Once discovered (through inspection, complaint, or routine checks), the San Bernardino County Department of Public Health issues a cease-and-desist order requiring you to immediately stop all food service operations. You face civil penalties of $250-$1,000+ per day of violation plus potential criminal misdemeanor charges carrying up to 6 months jail time and $5,000 fines. The county can padlock your facility and prohibit food service until you obtain the permit. Your liability insurance will likely deny claims if you operated unlicensed, exposing you to personal liability for foodborne illness. You'll also face penalties from Fontana for operating without a business license ($100-$300 fine). Starting illegally also creates a permanent compliance record that affects future permit approvals, lending, and insurance. The cost of getting properly licensed upfront ($500-$1,200) is far less than penalties and closure costs—always obtain permits before opening.
What specific food handler training do my employees need in Fontana?
All food handlers in Fontana must complete a California-approved food handler certification course and obtain a food handler card under Health and Safety Code § 113947.1. The 1-2 hour online course covers safe food handling, temperature control, cross-contamination prevention, and personal hygiene. Courses cost $10-$15 per employee and must be completed before they begin food prep work. You can use approved vendors like ServSafe, Prometric, or county-approved providers. Additionally, you must designate at least one supervisor per shift as a Food Protection Manager, who must hold ServSafe Food Protection Manager certification (obtained through a 2-day course or online exam, costing $130-$150). The manager must be present during all operating hours and is responsible for food safety compliance. Food handler cards are valid for 3 years and must be renewed; manager certification is valid 3 years and requires continuing education renewal. Keep copies of all certifications on file—health inspectors verify compliance during inspections.
Other Business Types in Fontana, CA
burger restaurant Licensing in Other States
See burger restaurant licensing in every state →Sources & References
- California Health and Safety Code § 113700 — Establishes food facility permit requirement for all food operations
- California Health and Safety Code § 113947.1 — Mandates food handler card certification for food workers
- California Health and Safety Code § 114381 — Defines penalties for operating food facility without permit
- 26 U.S.C. § 501 — Federal EIN requirement for all business entities
- San Bernardino County Ordinance Code § 83.01 — Establishes local health and safety standards for food facilities
Licence requirements change. Verify current requirements with the issuing agency before applying.
Editorial standards: This guide is reviewed against primary government sources and cites 5 statutes. Last reviewed September 2026. Scheduled for re-verification by September 2027.
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