If you decide to build your own space, you will need to familiarize yourself with the County’s zoning regulations and policies as well as permitting requirements.

Zoning

Montgomery County and jurisdictions throughout the country use zoning as part of an overall approach to strategically regulating land use. The zoning code is used to regulate the form (size, shape height and mass) of a building and the uses that are allowed on the property.

Montgomery County Planners have rewritten the County's zoning code and have modernized zoning regulations. They have created a new interactive  digital zoning map to look up zoning and property information.

If you plan to open a new restaurant business or expand your existing business, be sure to review R ecipes for Success, the County's comprehensive guide to  the agencies with oversight and permits you will need to open your business. 

In addition, several municipalities in Montgomery County have their own planning and zoning requirements:

• City of Gaithersburg

• City of Rockville

• City of Takoma Park

  • ​ Learn more about Montgomery County Municipalities and Special Taxing Districts and their requirements.  

Construction

Commercial New Construction
Commercial Change of Use
Commercial Use & Occupancy
Sign Permits
Montgomery County and ADA Compliance 

Utilities

• Electricity

BG&E Construction & Remodeling, New Business Services:  1-800-233-1854 
First Energy/Potomac Edison Customer Service: 1-800-686-0011
PEPCO Business Solutions: 301-670-8700

• Gas

Washington Gas Customer Service: 703-750-1000

Consumers have choices for electric and gas utility services. You may obtain a complete list of these companies from the Maryland Public Service Commission’s  utility listing.

• Water and Sewer Service

Licenses

The Montgomery County Department of Health & Human Services issue licenses for restaurants.

• Montgomery County Food & Facilities Licensing

Food Trucks

• Anyone who plans to sell or give away food from a non-fixed location, including food trucks, must first obtain a  Mobile Food Service Unit license . The only exception to the law is the sale of fresh produce or live crustaceans. Specific regulations apply to food trucks and are enforced by the Mobile Food Service Unit .
• Mobile Units must be inspected prior to licensing. 
• A vendor’s license from the Department of Permitting Services may be required. 

Restaurants must obtain a Trader’s License from the Montgomery County Circuit Court.

• Business Licenses in Montgomery County
• Business License Application
• Business License Application (Spanish)

Displaying a License

Liquor Licenses

​If you are planning to sell alcohol in your restaurant the Department of Liquor Control issues  alcoholic beverage licenses. Review the guidance contained in the publication  How to Apply for a New or Transfer Annual Alcohol Beverage License in Montgomery County, MD. 

• Alcoholic Beverage License Application
• Establishments that serve alcohol must maintain at least one licensee or designated employee who has been currently certified in an alcohol awareness training program approved by the Maryland State Comptroller's Office.
• Establishments that serve alcohol must have a certified license-holder or a certified person employed in a supervisory capacity designated by the licensee present during the hours in which alcohol may be sold.
• Certification must be renewed every four years to remain current.
• Failure to have a certified representative may result in license renewal delays, as well as, fines, suspensions or even revocation of your retail alcohol beverage license.

Bag Tax

• Review the information specific to restaurants under  Retailers and the Bag Law on the Department of Environmental Protection web site. 

All food service facilities must be under the immediate control of a  Certified Food Service Manager. In addition food service facilities that are required to be under the immediate control of a certified food service manager must have an employee who has completed a  food allergen awareness training course, and passed the course test, on premises at all times when food is being prepared or served.

Employees must be 18 years old to sell/serve alcohol -- and it is recommended that bartenders be 21. Employees may be 16 to bus tables with alcohol product. 

The Department of Liquor Control offers a free training twice a month (2nd and 4th Monday) for anyone in the industry and all staff is welcome and encourged to attend as well. 

Management Practices

• Montgomery County regulates certain Business Operations. Please be sure you are aware of the requirements as they apply to your business. 
• Restaurants should be aware of the minimum wage law, including as it relates to tipped wages. 

Liquor Licenses

Anyone applying for a liquor license must be fingerprinted. 

Food facility licenses expire on January 31st every year and must be renewed annually. 

The Certified Food Manager is a 3-year issuance from the date the individual passes the exam. The allergen certification is good for 5 years. 

Process for remitting the Bag Tax

On or before the 25th day of each month, establishment must remit the full amount collected for all carryout bags provided to a customer during the previous month, at a rate of 4 cents per bag. (Businesses retain 1 cent out of every 5 cents charged for the bags).

• Businesses with low bag sales volume may pay at any time, but are required to pay after the amount due under this law exceeds $100 (when at least 2,500 bags have been paid for by customers). 

Alcoholic Beverage Licenses

Applications for renewal of licenses must be filed between February 1 and March 31 of each year. 

Business Personal Property Tax

Businesses must file a  Business Personal Property Return every year, on April 15, regardless of whether they own property. The minimum fee to file the return is $300 per year. Businesses are automatically registered when they are formed and file articles of organization/incorporation with the State. A personal property tax bill is issued after the return is reviewed by the State of Maryland.