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Restaurant, Café & Food

35 requirements and steps for Sunnyvale, CA · 0 handled

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5 rules hidden because they don't apply at your size.

City

Local rules shown for Sunnyvale, CA (Santa Clara County). State and federal rules apply wherever you open.

Company sizeCount everyone on payroll, including part‑time.

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Federal (US)(10)

Legal requirementAccessibility
Rule updated Oct 14, 2026Source checked Oct 14, 2026

Americans with Disabilities Act (ADA) – Title III

Businesses open to the public must remove architectural barriers where readily achievable: accessible parking, entrances, path of travel, counters, restrooms and fitting rooms. Website accessibility can also be required; DOJ has not set a specific technical website standard for private businesses under Title III.

Risk: One of the most common lawsuits against small businesses. Fixing barriers after a suit is far more expensive than before.

Legal requirementIntellectual property
Rule updated Oct 14, 2026Source checked Oct 14, 2026

Copyright Act (17 U.S.C.) – Images, Music & Content

Original creative works are generally protected by copyright automatically; not every font or unoriginal item is protected. Crediting a creator or removing content later does not replace permission. Public-domain works, valid licences, fair use and other statutory exceptions may permit use.

Risk: Where statutory damages are available, they generally run $750–$30,000 per work, up to $150,000 for willful infringement. Eligibility depends on registration and timing; infringement can also lead to actual damages.

Legal requirementEmployment1+ employeesApplies: If you have employees
Rule updated Oct 5, 2026Source checked Oct 14, 2026

Fair Labor Standards Act (FLSA)

Sets federal minimum wage, overtime for non-exempt workers, recordkeeping, and child labor rules. California and Sunnyvale rules are stricter and take priority.

Risk: Misclassifying employees as exempt or as contractors leads to back-pay plus equal liquidated damages.

Legal requirementEmployment1+ employeesApplies: If you have employees
Rule updated Oct 14, 2026Source checked Oct 14, 2026

Form I‑9 Employment Eligibility

For each new hire, the employee completes I-9 Section 1 by the first day of work; the employer completes Section 2 within 3 business days after that day.

Risk: Fines per form for paperwork errors.

Legal requirementSafety1+ employeesApplies: If you have employees
Rule updated Oct 5, 2026Source checked Oct 14, 2026

OSHA Workplace Safety

Employers must keep the workplace free of recognized hazards. In California, Cal/OSHA administers these rules with stricter standards.

Risk: Citations and penalties after inspections or complaints.

Legal requirementMarketing
Rule updated Oct 14, 2026Source checked Oct 14, 2026

FTC Act – Advertising, Reviews & Endorsements

Ads must be truthful and claims substantiated. The FTC reviews rule bans fake reviews and incentives conditioned on positive or negative sentiment; it does not ban every incentivized review. Material influencer relationships must be clearly disclosed.

Risk: Civil penalties can apply to knowing violations of the reviews rule (16 CFR Part 465, effective October 21, 2024); deceptive advertising can also trigger enforcement.

Legal requirementMarketingApplies: If you send marketing emails or texts
Rule updated Oct 14, 2026Source checked Oct 14, 2026

CAN‑SPAM Act & TCPA (Email and Text Marketing)

Marketing emails need an accurate sender, physical address and working unsubscribe. TCPA-covered automated marketing texts and prerecorded calls generally require prior express written consent; check which rules apply to your technology and campaign.

Risk: TCPA allows $500–$1,500 per unwanted text — class actions are common.

Legal requirementTax & registration
Rule updated Oct 14, 2026Source checked Oct 14, 2026

IRS – EIN, Payroll & Income Taxes

Obtain an EIN if you have employees or are a partnership/corporation. Withhold and deposit payroll taxes. For 2026 payments, Form 1099-NEC generally applies to reportable nonemployee compensation of $2,000 or more ($600 for payments before 2026); exceptions and backup withholding rules also apply.

Risk: Trust-fund penalties can hold owners personally liable.

Legal requirementFood safetyApplies: If you sell packaged food
Rule updated Oct 5, 2026Source checked Oct 14, 2026

FDA Food Labeling & Allergens

Packaged foods need ingredient and allergen labeling (9 major allergens incl. sesame). Chains with 20+ locations must post calories.

Risk: Recalls and liability for allergic reactions.

Legal requirementBenefits1+ employeesApplies: If you offer qualifying group health insurance: Cal-COBRA generally covers eligible insured plans at 2–19 employees; federal COBRA generally starts at 20. The 1–4 bucket includes employers at the 2-employee threshold.
Rule updated Oct 14, 2026Source checked Oct 14, 2026

COBRA (federal) / Cal‑COBRA

If you offer group health insurance, employers with 20+ employees must offer continued coverage after job loss (COBRA). Smaller employers (2–19) are covered by Cal‑COBRA through the insurer.

Risk: Excise taxes and lawsuits for missed notices.

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California(16)

Legal requirementAccessibility
Rule updated Oct 14, 2026Source checked Oct 14, 2026

Unruh Civil Rights Act & Disabled Persons Act

Any ADA violation is automatically an Unruh violation in California, which adds money damages that federal ADA doesn't allow. This is why California sees so many accessibility suits.

Risk: Statutory minimum damages are generally $4,000 for a qualifying violation, subject to proof and statutory exceptions; attorney fees may also apply.

Legal requirementPrivacyApplies: For-profit covered businesses: annual gross revenue over $26,625,000, OR buy/sell/share personal information of 100,000+ consumers or households, OR 50%+ annual revenue from selling/sharing personal information
Rule updated Oct 14, 2026Source checked Oct 14, 2026

CCPA / CPRA – California Consumer Privacy

Gives Californians rights to know, delete, correct and opt out of the sale/sharing of their personal data. Ad trackers and pixels can count as "sharing".

Risk: Adjusted penalties are up to $2,663 per violation, or $7,988 for intentional violations or violations involving consumers known to be under 16; qualifying data breaches can also lead to private suits.

Legal requirementPrivacyApplies: If you have a website or app that collects personal info
Rule updated Oct 5, 2026Source checked Oct 14, 2026

CalOPPA – Website Privacy Policy

Any website or app that collects personal info (even a contact form or newsletter signup) from Californians must post a conspicuous privacy policy.

Risk: Up to $2,500 per violation under unfair competition law.

Legal requirementConsumer protection
Rule updated Oct 14, 2026Source checked Oct 14, 2026

Honest Pricing Law (SB 478 – "Junk Fees")

Advertised/listed prices generally must include mandatory fees, excluding government-imposed taxes/fees and reasonable shipping. Restaurants and certain food vendors may separately disclose mandatory fees only clearly and conspicuously wherever prices appear, with their purpose.

Risk: Unfair competition claims and AG enforcement.

Legal requirementEmployment1+ employeesApplies: If you have employees
Rule updated Oct 14, 2026Source checked Oct 14, 2026

California Wage & Hour Rules

Non-exempt workers generally receive daily overtime after 8 hours, meal periods by the end of the fifth hour and paid rest periods. Itemized wage statements are required. Final wages: immediately when fired; at quitting with at least 72 hours’ notice; otherwise within 72 hours. Sunnyvale’s minimum wage is higher than the state’s.

Risk: PAGA lawsuits let employees sue for penalties on behalf of all workers.

Legal requirementEmployment1+ employeesApplies: If you have employees (including part-time)
Rule updated Oct 14, 2026Source checked Oct 14, 2026

Paid Sick Leave

Eligible employees must be allowed at least 40 hours or 5 days of paid sick leave annually, whichever is greater. Employers may use accrual (generally at least 1 hour per 30 worked), a compliant alternative accrual plan, or an upfront grant.

Risk: Penalties and wage claims.

Legal requirementEmploymentApplies: Discrimination: 5+ employees. Harassment protection: all workplaces. Training: 5+ employees.
Rule updated Oct 14, 2026Source checked Oct 14, 2026

Fair Employment & Housing Act (FEHA) + Harassment Training

FEHA discrimination duties generally apply at 5+ employees; harassment is prohibited in all workplaces, regardless of size. Employers with 5+ employees must provide harassment-prevention training every 2 years (2 hours supervisors, 1 hour nonsupervisory staff).

Risk: Uncapped damages in harassment suits.

Legal requirementEmployment1+ employeesApplies: If you have employees
Rule updated Oct 5, 2026Source checked Oct 14, 2026

Workers' Compensation Insurance

Mandatory for every California employer with even one employee.

Risk: Operating without it is a crime; stop-work orders and fines.

Legal requirementTax & registration1+ employeesApplies: If you have employees
Rule updated Oct 14, 2026Source checked Oct 14, 2026

EDD Payroll Registration & CalSavers

Register with EDD within 15 days after paying more than $100 in wages in a calendar quarter. Eligible employers without a qualifying retirement plan must register with CalSavers or claim an exemption.

Risk: Late payroll registration can incur penalties. CalSavers can assess $250 per eligible employee, then an additional $500 for continued noncompliance, with further annual penalties.

Legal requirementSafety1+ employeesApplies: If you have employees (WVPP exemption for under-10 staff not open to public)
Rule updated Oct 5, 2026Source checked Oct 14, 2026

Cal/OSHA – IIPP & Workplace Violence Prevention (SB 553)

Every employer needs a written Injury and Illness Prevention Program. Since July 2024 most employers also need a written Workplace Violence Prevention Plan and annual training.

Risk: Among the most-cited Cal/OSHA violations.

Legal requirementTax & registrationApplies: If you sell physical products
Rule updated Oct 14, 2026Source checked Oct 14, 2026

Seller's Permit & Sales Tax (CDTFA)

A seller’s permit is generally required for taxable sales of tangible goods in California. Sunnyvale’s combined sales tax rate is 9.750% as of October 1, 2026; confirm the delivery address and transaction’s tax treatment.

Risk: Personal liability for uncollected tax.

Legal requirementFood safety
Rule updated Oct 14, 2026Source checked Oct 14, 2026

California Retail Food Code (CalCode)

Governs food handling, temperatures, sanitation and facilities. Most facilities handling unpackaged food need a certified owner/employee. Covered food handlers need a card within 30 days of hire; statutory exceptions apply.

Risk: Closure orders during inspections.

Legal requirementLicensingApplies: If you sell alcohol
Rule updated Oct 14, 2026Source checked Oct 14, 2026

Alcoholic Beverage Control (ABC) License

Selling alcohol requires the appropriate ABC licence. RBS certification applies to on-premises alcohol servers and managers, not every off-sale retail cashier.

Risk: License suspension and criminal penalties.

Legal requirementEnvironmental
Rule updated Oct 5, 2026Source checked Oct 14, 2026

Single‑Use Foodware & Organic Waste (AB 1276, SB 1383)

Utensils, straws and condiment packets only on request. Food businesses must subscribe to organics recycling; larger ones must donate edible surplus food.

Risk: Fines from the city and CalRecycle.

Legal requirementBenefits1+ employees
Rule updated Oct 14, 2026Source checked Oct 14, 2026

CalSavers Retirement Program

Eligible California employers with at least one employee age 18+ and no qualifying retirement plan must register with CalSavers or certify an exemption. Confirm your notified registration deadline.

Risk: An initial $250 penalty per eligible employee can be followed by an additional $500 after continued noncompliance; further $500 annual penalties can follow.

Legal requirementEmploymentIf using contractors
Rule updated Oct 14, 2026Source checked Oct 14, 2026

AB5 Worker Classification (ABC Test)

California presumes workers are employees unless all three ABC conditions are met: free from your control, doing work outside your usual business, and running their own independent business. Some professions have exemptions.

Risk: Misclassification brings back wages, payroll taxes, penalties up to $25,000 per violation, and PAGA lawsuits.

Want a person to walk you through these?

Send us your situation and we'll explain which of these actually apply to you, what they cost, and what to do first. We'll tell you plainly what we can help with today.

Ask about these rules or email info@bizzaly.com

Sunnyvale & Santa Clara County(9)

Legal requirementTax & registration
Rule updated Oct 14, 2026Source checked Oct 14, 2026

Sunnyvale Business License Tax

Businesses operating in Sunnyvale, including home-based and online businesses, generally must register and pay the business licence tax. Licences use a two-year renewal cycle; confirm your city notice and applicable exemptions.

Risk: Penalties and back taxes.

Legal requirementEmployment1+ employeesApplies: If you have employees working in Sunnyvale
Rule updated Oct 14, 2026Source checked Oct 14, 2026

Sunnyvale Minimum Wage Ordinance

Sunnyvale sets its own minimum wage, adjusted every January 1 (2026: $19.50/hour). It applies to anyone working 2+ hours a week within city limits and is higher than the state minimum.

Risk: Back wages, penalties and city enforcement.

Legal requirementPlanning
Rule updated Oct 14, 2026Source checked Oct 14, 2026

Zoning, Use Permits & Certificate of Occupancy

Your business use must be allowed in the zoning district. Some uses (restaurants with alcohol, gyms, massage, late hours) need a use permit from Sunnyvale Planning.

Risk: Being forced to close or relocate after signing a lease.

Legal requirementPlanning
Rule updated Oct 14, 2026Source checked Oct 14, 2026

Sign Permit

Permanent exterior signs, and many window and temporary banners, require a sign permit.

Risk: Removal orders and fines.

Legal requirementSafety
Rule updated Oct 14, 2026Source checked Oct 14, 2026

Fire Inspection & Permits (Sunnyvale DPS)

Sunnyvale's Department of Public Safety performs fire inspections; commercial kitchens need hood suppression systems, and businesses need extinguishers and clear exits.

Risk: Occupancy may be denied until corrected.

Legal requirementFood safetyApplies: If you operate a food facility, including a grocery or other retail food operation; plan review requirements depend on the project
Rule updated Oct 14, 2026Source checked Oct 14, 2026

Santa Clara County Health Permit

Food facilities need plan check approval and an annual health permit from the County Department of Environmental Health, with routine inspections and posted placards.

Risk: Red placard = immediate closure.

Legal requirementTax & registrationApplies: If you use a trade name
Rule updated Oct 14, 2026Source checked Oct 14, 2026

Fictitious Business Name (DBA) – Santa Clara County

If you operate under a name other than your legal name or registered entity name, file an FBN with the County Clerk-Recorder and publish it in a newspaper.

Risk: You may be unable to sue to collect debts under that name.

Legal requirementEnvironmental
Rule updated Oct 14, 2026Source checked Oct 14, 2026

Sunnyvale Bag & Polystyrene Foam Bans

Single-use plastic carryout bags are banned and paper bags carry a charge; expanded polystyrene (Styrofoam) food containers are prohibited.

Risk: City fines.

Legal requirementPublic health
Rule updated Oct 14, 2026Source checked Oct 14, 2026

Sunnyvale Smoke‑Free & Tobacco Retail Rules

Smoking/vaping are prohibited in workplaces, outdoor dining and other covered areas under Sunnyvale’s smoke-free rules. Check the ordinance’s 25-foot reasonable-distance provisions. Tobacco sellers need the state CDTFA retailer licence and must also check current city restrictions.

Risk: Fines and license loss.

Want a person to walk you through these?

Send us your situation and we'll explain which of these actually apply to you, what they cost, and what to do first. We'll tell you plainly what we can help with today.

Ask about these rules or email info@bizzaly.com

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General information only, not legal advice. Each rule above shows its official source and when it was last checked against it. "Legal requirement" means the law says you must; "General guidance" means it isn't required but protects you or saves money. Thresholds and rates change annually — confirm with the official source or an attorney.