Business licensing 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 license comes down to what your business does and where it’s located. Some professions, like doctors, lawyers, and real estate agents, always need a state-issued license because they have strict standards to meet. Other businesses, like a small craft store or an online shop, might just need a local business license for local zoning rules and tax handling.
Businesses operating without the necessary licenses can face severe penalties, including fines and legal action. Below, we’ll unpack everything you need to know to figure out exactly what licenses your business needs and how to apply for them.
What’s in this article?
- What is a business license?
- Types of business licenses
- How to know which licenses you need for your business
- How to apply for a business license
What is a business license?
A business license signifies official permission for a company to operate in a particular geographical area, as issued by local, state, or federal government entities. The scope of a business license varies depending on the type of business, location, and industry regulations. For instance, a restaurant might need a health permit, a liquor license, and a general business license to operate. A freelance graphic designer might only need a basic business license to legally offer services from home.
A business license 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, licenses legitimize their operations and avoid legal issues or fines down the line.
Types of business licenses
Here are the different types of business licenses you might encounter.
Local licenses and permits
Local licenses 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 license: A basic license 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 impact public health
Fire department permit: A necessary permit if your business deals with flammable materials or has certain occupancy levels
State licenses and permits
In the US, these licenses are issued by state governments and typically 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 license: A necessary license for occupations that require specialized skills and training, such as doctors, lawyers, accountants, and contractors
Industry-specific licenses: A license for specialized industries, including agriculture, liquor sales, or childcare
Federal licenses and permits
Federal licenses and permits are required for businesses involved in activities regulated by the federal government. They’re less common than state or local licenses, but some examples include:
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) license: A licensing requirement for businesses that manufacture, import, or sell alcohol, tobacco, firearms, or explosives
Federal Communications Commission (FCC) license: This is required for businesses that broadcast radio or television
Agriculture licenses: Certain agricultural activities require a license, including importing or transporting animals
Licenses for home-based businesses
Even if you operate your business out of your home, you might still need certain licenses and permits. In addition to the state and local licenses 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 know which licenses you need for your business
When assessing which licenses and permits you might need, it’s always a good idea to consult with 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 licenses 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 likely need a professional license. Also, consider state-specific requirements, such as environmental permits or a sales tax license if you’re selling goods.
Look into federal licenses: 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 licenses. 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 organizations can also connect you with peers who can offer firsthand advice. The US Chamber of Commerce can also be a resource to guide you on the licenses 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 licenses required for different types of businesses based on your location.
How to apply for a business license
Here’s a general step-by-step guide on how to apply for a business license.
Determine specific requirements
Pinpoint the specific licenses and permits your business needs to operate.
Collect documentation
Gather all necessary documentation, which might include:
Personal identification, such as a driver’s license 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 notarized 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 out the application forms. Mistakes can cause delays, so double-check all entries. If you’re applying for multiple licenses (e.g., local, state, federal), organize your paperwork to ensure each application is complete.
Pay licensing fees
Pay all fees associated with your licenses. Some might require a flat fee while others vary based on your business size or projected revenue. Some agencies might require checks or online payments while others might only accept money orders.
Submit applications
Submit applications to each licensing body. For local licenses, you might need to submit in person and could benefit from discussing your application with a clerk for any immediate corrections. For federal licenses, online submissions are more common, but certain parts of the application might need to be mailed.
Follow up on application status
Processing times can vary widely—from a few days to several months. During this time, 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 license is granted. This is common for restaurants, day care facilities, and manufacturing plants. Schedule inspections promptly and prepare your premises to meet all specified standards.
Display licenses as needed
Once approved, you’ll receive your license either through the mail or online. Some licenses need to be publicly displayed in your place of business; make sure to comply with these requirements to avoid penalties.
The content in this article is for general information and education purposes only and should not be construed as legal or tax advice. Stripe does not warrant or guarantee the accurateness, completeness, adequacy, or currency of the information in the article. You should seek the advice of a competent attorney or accountant licensed to practice in your jurisdiction for advice on your particular situation.