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									Investor Roadmaps – Business Licensing Series

Guide to Establishing a Restaurant Business
____________________________

In the Cayman Islands

Last Updated: 1 July 2006

Introduction
This document is intended to serve as a guide to establishing a restaurant business in the Cayman Islands. Given varying business models that could be applied to this type of establishment, this document should only be taken as a general guide to the basic procedures involved. A distinction is made between core procedures and those that are dependent on parameters of the business proposal. Some steps listed are indicated as ‘if applicable’ to show a distinction between steps that may only apply to certain business models in this sector. It should further be noted that the information presented is only current as of the date shown. Please contact the Cayman Islands Investment Bureau to discuss how these procedures apply in the context of your business proposal and for updates on current regulations affecting your business.

e: info@investcayman.gov.ky

t: 345 945.0943 f: 345 945.0941 e: info@investcayman.gov.ky

Last Updated: 1 July 2006

Process Overview
There are up to 6 steps needed to licence a restaurant operation: 1) Arrange for Fire Inspection 2) Arrange for Environmental Health inspection 3) Obtain a copy of the company’s Certificate of Incorporation (if applicable) 4) Obtain Police Clearance Certificate (if applicable) 5) Submit an application for a Trade & Business Licence and, if applicable, a Local Companies (Control) Licence 6) Submit an application for a liquor licence (if applicable) The overall minimum time for this process to be completed (assuming that the restaurant is fully prepared and compliant) is 25 business days. The overall application cost will depend on the size of the restaurant and the type of facilities offered, but at a minimum, will be CI$870.

1. Fire Department inspection

Fire Department inspection

2. Environmental Health inspection

Environmental Health inspection

5a. Trade & business licence application

Application reviewed by TBL Board

3. Obtain copy of Certificate of Incorporation

5b. LCCL application

4. Obtain a police clearance certificate

6. Liquor licence application

Application reviewed by Liquor Licensing Board

Last Updated: 1 July 2006

Step 1: Arrange for Fire Service Inspection
The Fire Department is the authority on Fire Safety in the Cayman Islands. establishments are expected to meet and maintain the standard outlined by law.
Governing Legislation Submission Requirements Application Cost Duration of Step The Fire Brigade Law (1999 Revision); Fire Code (1997) None. In rare cases, additional information may be required for unfamiliar fire systems. None 5 business days The time taken depends on the size of the establishment and previous inspections carried out during construction. Key Contacts Mr. Doorly McLaughlin, Fire Prevention Officer t: 345 949.2276 f: 345 949.0268 e: doorly.mclaughlin@gov.ky Mr. Curtis Powell t: 345 916.3992 e: curtis.powell@gov.ky Fire inspections in the Sister Islands: 948-1245 Inspections will be carried out annually, prior to the renewal of the restaurant licence or the liquor licence, between June - October. Inspections can also be carried out on an as needed basis.

All restaurant

Additional Notes

Last Updated: 1 July 2006

Step 2:

Arrange for Environmental Health Inspection

The Department of Environmental Health (DEH) inspects all types of environmentally related businesses such as restaurant and bar facilities, laundries, spas, Jacuzzis, etc. to ensure conformity to environmental public health standards.
Governing Legislation The Public Health Law (2002 Revision); Public Health (Garbage and Refuse Disposal) Regulations (2003 Revision); Public Health (Miscellaneous Fees) Regulations (2004 Revision). Completed application form Appropriate fees CI$25 administration fee Garbage Fees are dependent on several factors including the type of restaurant and number of seats for customers. At minimum, the fees are: Restaurants (without bars) 1 to 15 seats CI$420 16 to 30 seats CI$840 31 to 50 seats CI$1,008 51 to 75 seats CI$1,344 Over 75 seats CI$1,680 Restaurants (with bars) 1 to 15 seats CI$504 16 to 30 seats CI$1,008 31 to 50 seats CI$1,344 51 to 75 seats CI$1,680 Over 75 seats CI$2,016 Initial garbage fees are paid on a prorated basis and are due at the time of application. Fees are then payable by-annually. Additional costs include skip rental and a fee based on the frequency of garbage collection. Duration of Step Key Contacts 3-5 business days Environmental Health Officers t: 345 949.6696 f: 345 949.4503 Environmental Health Inspections Sister Islands t: 345 948.2321 f: 345 948.2543 e: ehodeh@candw.ky Consultation with DEH is recommended as early in the planning stages as possible. Initial inspection of any premises is by appointment. Subsequent inspections based on the schedule set by DEH.

Submission Requirements Application Cost

Additional Notes

Last Updated: 1 July 2006

Step 3:

Obtain copy of Certificate of Incorporation

(if applicable)

Copies of a company’s Certificate of Incorporation can be obtained from the General Registry Department.
Governing Legislation Submission Requirements Application Cost Duration of Step Key Contacts Additional Notes Companies Law (2004 Revision) Letter to Registry requesting copy of Certificate of Incorporation. Appropriate fee. CI$82 – regular service or CI$107 – express service 3-4 business days – regular service 1 business day – express service Ms. Eziethamae “Zeta” Bodden t: 345 244.3404 e: zeta.bodden@gov.ky Companies with local registered office or local agent must make request for certificate copy through them.

Last Updated: 1 July 2006

Step 4:

Obtain Police Clearance Certificate

(if applicable)

Police clearance certificates can be obtained from the Royal Cayman Islands Police Service
Governing Legislation Submission Requirements Application Cost Duration of Step Criminal Procedures Code (1995 Revision) Application form Valid passport $10 per person 1 business day Certificate must be collected within 24 hours of filing application. Key Contacts Ms. Dorothea Shaw Records, RCIP t: 345 244.3019 f: 345 929.2978

Last Updated: 1 July 2006

Step 5a: Submit an application for a Trade & Business Licence
Businesses requiring a Trade and Business Licence must make an application to the Trade & Business Licensing Board through the Immigration Department.
Governing Legislation Submission Requirements The Trade and Business Licensing Law (2003 Revision) and The Trade and Business Licensing Regulations (1999 Revision). Completed application form Appropriate fees If applicant is an individual - Proof that applicant is Caymanian (e.g. copy of birth certificate, status certificate or acknowledgement letter), and a cover letter giving details of the proposed business. If applicant is a company - Certificate of Incorporation, Memorandum and Articles of Association, Return of Shareholdings, Register of Directors / Officers / Members (including nationality). Approval of satisfactory inspections from Department of Environmental Health and Fire Department. Application fee: CI$75 Trade and business licence fee is dependent on number of seats for customers. 30 seats or less 31 to 60 seats 61 to 100 seats 101 to 150 seats 151 to 200 seats Over 200 seats CI$350 CI$500 CI$1,000 CI$1,600 CI$2,500 CI$3,500

Application Cost

The trade and business licence fee is reduced by 50% if restaurant business is established in Cayman Brac or Little Cayman. Duration of Step Key Contacts 20 business days Ms. Renee Rankin, Secretary of Trade & Business Licensing Board t: 345 244.2067 e: renee.rankin@gov.ky Ms. Martina Nembhard, Manager, Trade & Business Licensing Board t: 345 244.2086 e: martina.nembhard@gov.ky Additional Notes An application for renewal of a licence must be made at least 28days before the date of the expiry of the licence. Licensees that change their address, corporate identity, or the scope of the trade or business must notify the Secretary of the Trade and Business Licensing Board. Licences granted must be framed and publicly displayed.

Last Updated: 1 July 2006

Step 5b: Submit an application for a Local Companies (Control) Licence (if applicable)
If Caymanian shareholders or directors account for less than 60% beneficial-ownership, then an additional licence the Local Company (Control) Licence, must be applied for.
Governing Legislation Submission Requirements The Local Companies (Control) Law (1999 Revision); The Local Companies (Control) Regulations (1998 Revision). Completed LC(C)L application form. Application fee. A cover letter providing details of the proposed business and addressing any one or more of the matters set out in section 11(4) of the Local Companies (Control) Law (1999 Revision). Personal reference, financial reference, Police Clearance Certificate, and a copy of the picture page of the passport for every individual non-Caymanian director or shareholder. Verification of status if a publicly traded company. If applicant is a company - Certificate of Incorporation, Memorandum and Articles of Association, Return of Shareholdings, Register of Directors / Officers / Members (including nationality). Copies of the relevant advertisements (in an effort to obtain Caymanian participation). Notices seeking Caymanian participation in the business, for which the LC(C)L licence is being requested, must be advertised twice in a local newspaper and the notices or ads must be spaced at least 7 to 10 days apart. Application Cost Duration of Step CI$2,500 20 business days The application for the LC(C)L licence must be submitted no earlier than 5 working days after the last notice for Caymanian participation has been properly advertised. Key Contacts Mrs. Renee Rankin, Secretary of Trade & Business Licensing Board t: 345 244.2067 e: renee.rankin@gov.ky Ms. Martina Nembhard, Manager, Trade & Business Licensing Board t: 345 244.2086 e: martina.nembhard@gov.ky The LC(C)L must be renewed every 12 years from anniversary of the licence date.

Additional Notes:

Last Updated: 1 July 2006

Step 6:

Apply for Liquor Licence

(if applicable)

All premises engaging in the sale of liquor, music and dancing are required to have a Liquor Licence, which is governed by the Liquor Licensing Board. THERE IS CURRENTLY A MORATORIUM ON LIQUOR LICENCES FOR ALL CATEGORIES EXCEPT HOTELS.
Governing Legislation The Liquor Licensing Law and the Liquor Licensing (Fees) Regulations (1999 Revision); The Music & Dancing (Control) Law (1995 Revision); Permitted Hours Order (1999 Revision); Sunday Trading Law (2003 Revision) Completed application form and cover letter detailing proposed business Application fee. Police Clearance Certificate. Photo identification. Proof of Residency (Status or Work Permit). Two written character references. Copy of restaurant’s building plans (if the application is being filed before the restaurant is built). Annual fee: CI$1,500 Annual permission for Music & Dancing on premises: CI$100 Temporary licence: CI$1,000 Liquor license fees are 50% less in the Sister Islands. Licences expire annually on the 30th day of September Duration of Step 2-3 business days The Liquor Licensing Board meets on a quarterly basis. Applications are reviewed quarterly (March, June, September, and December). In addition to the quarterly licensing sessions, the Board shall also meet at any time and place for the grant of temporary license to permit the sale of liquor. Key Contacts Ms. Marva Scott-Dunbar, Secretary of Liquor Licensing Board t: 345 946.5446 e: marva.scott-dunbar@gov.ky Mr. Dave Tatum, Executive Secretary, Liquor Licensing Board (Sister Islands) t: 345 948.2222 e: dave.tatum@gov.ky Mr. James Tibbetts, Chairman, Liquor Licensing Board (Sister Islands) t: 345. 916-8642 The same applicant cannot be issued a temporary licence after receiving a temporary licence for 2 years. Liquor licences as well as Music & Dancing licences are issued to individuals not companies. It is the duty of every license holder to procure the compliance of his servers, agents and other persons under his control with the Liquor Licensing Law. Licensees shall be equally guilty with such persons who break the Law whether the licensee was or was not present at the time of the offence. Applicants are required to appear in person during the review of his/her licence application.
Last Updated: 1 July 2006

Submission Requirements

Application Cost

Additional Notes


								
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