Business licensing in the US ensures businesses are operating in compliance with all relevant laws and regulations, from public safety and professional standards to paying local taxes. Figuring out if your business needs a licence comes down to what your business does and where it’s located. Some professions, like doctors, lawyers, and estate agents, always need a state-issued licence because they have strict standards to meet. Other businesses, like a small craft store or an online shop, might just need a local business licence for local zoning rules and tax handling.

Businesses operating without the necessary licences can face severe penalties, including fines and legal action. Below, we’ll unpack everything you need to know to figure out exactly what licences your business needs and how to apply for them.

What’s in this article?

• What is a business licence?
  
• Types of business licences
  
• How to find out which licences you need for your business
  
• How to apply for a business licence
  

What is a business licence?

A business licence signifies official permission for a company to operate in a particular geographical area, as issued by local, state, or US federal government entities. The scope of a business licence varies depending on the type of business, location, and industry regulations. For instance, a restaurant might need a health permit, an alcohol licence, and a general business licence to operate. A freelance graphic designer might only need a basic business licence to legally offer services from home.

A business licence serves several purposes:

• It ensures businesses comply with relevant laws and regulations, ranging from safety standards to environmental practices and tax laws.

• It helps governments monitor and regulate businesses for public and workplace safety, gather economic data, and plan for the future.

• For business owners, licences legitimise their operations and avoid legal issues or fines down the line.

Types of business licence

Here are the different types of business licence you might encounter.

Local licences and permits

Local licences and permits are issued by city or county government and are often specific to the nature of your business and its location. Common examples include:

• General business licence: A basic licence required for most businesses to legally operate in a specific city or county

• Zoning permit: A permit ensuring your business complies with zoning laws that govern where certain types of businesses can operate

• Building permit: A permit required for any construction or renovation of your business’s space

• Sign permit: A permit regulating the size, type, and placement of signs for your business

• Health permit: A permit required for businesses in food service, healthcare, or other activities that might affect public health

• Fire department permit: A necessary permit if your business deals with flammable materials or has certain occupancy levels

State licences and permits

In the US, these licences are issued by state governments and generally regulate specific industries and professions. Some common examples include:

• Sales tax permit: A permit that allows you to collect and remit sales tax on the goods or services you sell

• Professional licence: A necessary licence for occupations that require specialised skills and training, such as doctors, lawyers, accountants, and contractors

• Industry-specific licences: A licence for specialised industries, including agriculture, alcohol sales, or childcare

Federal licences and permits

Federal licences and permits are required for businesses involved in activities regulated by the federal government. They’re less common than state or local licences, but some examples include:

• Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) licence: A licensing requirement for businesses that manufacture, import, or sell alcohol, tobacco, firearms, or explosives

• Federal Communications Commission (FCC) licences: This is required for businesses that broadcast radio or television

• Agriculture licences: Certain agricultural activities require a licence, including importing or transporting animals

Licences for home-based businesses

Even if you operate your business out of your home, you might still need certain licences and permits. In addition to the state and local licences and permits mentioned above, requirements might include:

• Home occupation permit: A permit allowing you to run a business from your residence, often with restrictions on the type of business, signage, and noise levels

• Zoning variance: Businesses can apply for a request to deviate from the applicable zoning regulations, which is called a variance. These are granted on a case-by-case basis

How to find out which licences you need for your business

When assessing which licences and permits you might need, it’s always a good idea to consult a legal advisor. Here’s a basic guide to get you started.

• Understand your business activities: Start by clearly defining what your business does, its industry, and its specific activities.

• Check local requirements: Visit your local city or county clerk’s offices or websites. You can call local officials for the most precise information. Most local governments provide detailed information on the required licences and permits for local business.

• Be aware of state regulations: If your business will be located in the US, consult state government websites or business portals, which often list licensing requirements by business type. If your profession is regulated (e.g. healthcare, real estate, legal services), you’ll probably need a professional licence. Also, consider state-specific requirements, such as environmental permits or a sales tax licence if you’re selling goods.

• Look into federal licences: Determine if your business involves any federally regulated activities. For example, if you’re selling alcohol or broadcasting to the public, you might need federal licences. Check the relevant agency’s website for guidance.

• Consider home-based business regulations: If you operate from home, you might need a home occupation permit, especially if customers visit your home. Your local zoning board can tell you if your home-based business complies with local zoning laws, which dictate how properties in certain areas can be used.

• Consult industry-specific guidance: Industry-specific associations often provide detailed licensing guides for particular business types. These organisations can also connect you to peers who can offer first-hand advice. The US Chamber of Commerce can also be a resource to guide you on the licences and permits you’ll need.

• Use online resources and tools: Online tools and services can simplify this process. Websites such as the US Small Business Administration (SBA) offer guides that suggest typical licences required for different types of businesses based on your location.

How to apply for a business licence

Here’s a general step-by-step guide on how to apply for a business licence.

Determine specific requirements

Identify the specific licences and permits your business needs to operate.

Collect documentation

Gather all necessary documentation, which might include:

• Personal identification, such as a driving licence or passport

• Proof of business name registration (DBA)

• A detailed business plan and description of operations

• Lease agreements or proof of property ownership

• Articles of incorporation or similar documents for LLCs or corporations

• Financial statements or proof of capital

These documents often need to be notarised or certified, so plan for extra time to complete these steps. Some applications might also require supporting statements or letters, such as a letter of intent or a professional recommendation, especially in regulated industries.

Complete applications

Fill in the application forms. Mistakes can cause delays, so double-check all entries. If you’re applying for multiple licences (e.g. local, state, federal), organise your paperwork to ensure each application is complete.

Pay licensing fees

Pay all fees associated with your licences. Some might require a flat fee, while others vary based on your business size or projected revenue. Some agencies might require cheques or online payments while others might only accept money orders.

Submit applications

Submit applications to each licensing body. For local licences, you might need to submit in person and could benefit from discussing your application with a clerk for any immediate corrections. For federal licences, online submissions are more common, but certain parts of the application might need to be posted.

Follow up on application status

Processing times can vary widely – from a few days to several months. During this period, be proactive: regularly follow up via phone or email to check on the status of your application and be prepared to submit any additional information that the licensing agency requests.

Schedule inspections as required

Certain types of businesses might require an inspection before the licence is granted. This is common for restaurants, daycare facilities, and manufacturing plants. Schedule inspections promptly and prepare your premises to meet all specified standards.

Display licences as needed

Once approved, you’ll receive your licence either through the mail or online. Some licences need to be publicly displayed in your place of business; make sure you comply with these requirements to avoid penalties.