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State by state

What changes at the state line

Same menu, same wok, different rules. Six things to check before you pick a zip code.

Steaming bowl of beef pho with herbs and chili

Quick answer

The big state-by-state differences for restaurants: minimum and tipped wages, liquor license systems, sales tax on prepared food, business entity fees, who runs health inspections, and local labor rules. Check all six before you sign anything.

The six things that actually differ

Wages & tip credit

Federal minimum is $7.25, but many states set their own. California is above $16 with no tip credit at all.

Liquor license systems

Some states sell licenses over the counter for a few hundred dollars. Quota states cap the count, so licenses trade privately for five to six figures.

Sales tax on prepared food

Prepared food is taxable almost everywhere, but the rate swings from 0% to over 10% with local add-ons. It changes your menu psychology: tax-inclusive pricing reads differently at 4% and at 10%.

Entity & annual fees

An LLC costs $70 in one state and $500 in another. California adds an $800 yearly franchise tax on top.

Who inspects your kitchen

State agriculture departments, county health departments, sometimes city ones. Big cities often run their own.

Ten states, side by side

Rounded numbers to map the landscape. Always confirm current figures with the state before deciding.

StateMin. wageTipped min.Liquor licenseLLC filing
California$16.50+No tip creditModerate; county caps for full liquor$70 + $800/yr tax
New York$15.50–$16.50$10.35–$11.00Pricey, via State Liquor Authority$200 + publication
Texas$7.25$2.13TABC permits, no quota$300
Florida$14.00$10.98Quota for full bar; beer & wine open$125 + $138.75/yr
Pennsylvania$7.25$2.83Quota: often six figures$125
Illinois$15.00$9.00Licensed by city or county$150
New Jersey$15.50+$5.62Quota: among the priciest in the US$125
Georgia$7.25$2.13Local licensing, moderate cost$100
Washington$16.66+No tip creditState licensing, reasonable$200
Massachusetts$15.00$6.75Quota in most towns$500

Figures rounded as of mid-2026. Wages rise most Januaries and several states adjust with inflation.

Vietnamese chef-owner outside her pho restaurant in Reading, Pennsylvania
Pennsylvania

Pennsylvania, up close

A $125 LLC, federal minimum wage, a liquor license market that can cost more than your whole kitchen. Pennsylvania rewards restaurateurs who do their homework.

Read the Pennsylvania guide

Common questions

Which state is cheapest to open a restaurant in?

On pure fees and wages: southern states like Texas and Georgia, with $7.25 minimums and cheap filings. But cheap states can mean thinner spending too.

Why do liquor licenses cost six figures in some states?

Quota systems. States like Pennsylvania and New Jersey cap licenses per town or county by population, so existing licenses resell like real estate.