Coffee shop coverage, from the espresso machine out.

The food safety records an inspector can ask to see

California's Retail Food Code (CalCode, Health and Safety Code sections 113947 through 113948) sets two separate requirements, and a cafe serving milk drinks usually needs both. In other states the rules come from the state or local health department, so they vary by state.

• One certified food safety owner or employee per shop. A facility that prepares or serves non-prepackaged potentially hazardous food needs an owner or employee who passed an approved, accredited food safety certification exam (113947.1). That person can't count as the certified person for a second location, doesn't have to be on site every hour, and must recertify every five years. Keep the certificate on file for inspection.
• 60 days to comply when you open, change ownership or lose your certified person. If you're buying an existing cafe, that clock starts at the change of ownership.
• Food handler cards within 30 days of hire. Under 113948, cards are valid for three years from issuance, even if the worker changes employers, and you must keep records showing every food handler holds a valid card.
• The employer carries the cost. Training and exam time counts as paid hours worked, the employee's card expenses are reimbursed under Labor Code 2802, and you can't make an existing card a condition of hiring.

Areas that had a local food handler program before January 1, 2009 run their own version, so check with your county. When you call me about a new shop, I'll ask who your certified person is and line up the policy start date with the ownership change.

Part-time baristas, stop orders and your class code

California's Division of Workers' Compensation says employers need coverage even with one employee, and the Labor Commissioner's Office has said that includes part-time employees. If an employer has no coverage, Labor Code 3710.1 calls for a stop order barring the use of employee labor until it complies, and affected employees must be paid for lost time, up to 10 days. Under Labor Code 3722, a stop order comes with a penalty of $1,500 per employee. Ignoring a stop order is a misdemeanor punishable by up to 60 days in county jail, a fine up to $10,000, or both (3710.2). Weekend-only help counts, so put coverage in place before anyone works a first shift.

Your rate starts with a classification, and the classification follows what the shop actually does. Since September 1, 2024, operations once assigned to restaurant class 9079 go to one of six classes. Among them are 9080 for full-service restaurants, 9083 for fast food or fast casual, and 9084 for bars or taverns that aren't restaurants. A cafe that adds a hot breakfast line, table service or beer and wine may land in a different class than a counter that pours coffee and sells pastries.

• Tell me before you add a kitchen, a liquor license or a catering line, not at the year-end audit.
• Keep payroll records split by location if you run more than one shop.

More detail is on my restaurant workers' comp page.

What a city wants before your tables go outside

Sidewalk and parking-lane seating is permitted city by city, and the insurance terms are in the permit packet. San Francisco's Shared Spaces permit is a clear example of what a city may ask for:

• Commercial general liability of at least $1 million per occurrence and $2 million aggregate.
• The City and County of San Francisco, its officers, employees and agents named as additional insured, or a blanket endorsement.
• Workers' compensation in statutory amounts with at least $1 million of employer's liability and a waiver of subrogation, either blanket or in favor of the City and County, its officers, employees and agents.
• A certificate of insurance uploaded with the application.

Notice that the city asks for workers' comp, not just liability, and for endorsements that belong on the policy itself. A certificate shows what the policy says; it doesn't add anything to it. Send me the permit packet from your city before you apply. I'll check that the endorsements are on your policy, then issue the certificate in the exact names the city lists. If you serve beer or wine outside, ask whether your permit also requires liquor liability.

Official sources

• California Retail Food Code (CalCode), effective January 1, 2026, Orange County Health Care Agency copy
• California DIR, Division of Workers' Compensation: Employer information
• California DIR news release 2019-18: workers' compensation enforcement
• California Labor Code section 3710.1 (stop orders)
• California Labor Code section 3710.2 (stop order violations)
• California Labor Code section 3722 (penalties)
• State Compensation Insurance Fund: Changes for food and beverage classifications
• FDA: Menu Labeling Requirements
• IRMI: Equipment Breakdown, More Than Just Boiler and Machinery
• SF.gov: Get a Shared Spaces permit for your sidewalk or parking lane