Paperwork, Permits and Licenses...

Starting & Operating a New Small Business
 
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Paperwork, Regulations, Permits and Licenses

 
Starting a Local Business

Requirements vary by City, County and State and change frequently. The following is a general listing of the most common requirements with references for information when possible.

 

Business Licenses

Licenses are required for most businesses located in a city or doing business in a city. Business owners should contact EACH city's licensing department in which the business is located or being operated. If your business is located in one city but you plan to operate in several cities, you may need a license from each city. You generally do not need a local license if you do not sell a tangible product.

You will need to attach a Home Occupations form to the Business License form if you plan to operate a Home-Based business.

Phone numbers for business license offices in Santa Cruz County are:

County and Other Permits

Business licenses are NOT generally required in the unincorporated areas (any area outside a city limit) of the county. However, the county may have some restrictions and therefore you may need both a Business License from a city AND a County Permit. You should contact the Planning Department of the city for businesses in incorporated areas (see above), or the County Planning Department to determine if a county permit is required prior to the operation of your business.

Because the regulations change from time to time, it is recommended that you contact the Planning Department, (831) 454-2580.

The most common businesses requiring county permits from other departments are:

ambulance, card rooms, bingo, food establishments, garbage collection, kennels, organized camps, pet shops, public swimming pools and target ranges.

Food Vendors
For storage, transportation and vending of food, you will need to obtain a permit from the County Department of Environmental Health, 701 Ocean St., Room 312, Santa Cruz 95060, (831) 454-2022 (to speak with an Inspector, call between 8-9am).
Application: http://sccounty01.co.santa-cruz.ca.us/eh/consumer_protection/consumer_protection_home.htm
Fees: http://sccounty01.co.santa-cruz.ca.us/eh/consumer_protection/CPfees.pdf

Other Permits

  • Burglar Alarm Registration: Police Department, about $15
  • Building, Electric, Plumbing Permits: City Building Department
  • Transportation Permit (for oversized vehicles): Santa Cruz County Public Works Department, 701 Ocean St., Santa Cruz, CA, 95060, (831)454-2302
  • Fire Inspection Permit: Fire Department
  • Encroachment Permit: Public Works Department
  • Hazardous Materials Permit; Need a Statement of Hazardous Materials Usage with the Fire Department; about $120-9,000
  • Smoking Regulations: The County Health Services Agency enforces local laws, signs, establishment of areas. Write or call Smoking Pollution Control Program, 1080 Emeline Ave., P.O. Box 962, Santa Cruz, CA, 95061, (831)454-4141.

For more resources see our class Links page

State & Federal Permits

Certain professions and selected businesses require an additional State and/or Federal license. A few of the more common are auto repair shops, bars, liquor stores, electrical appliance repair shops, contractors, cosmetologists, insurance sales, collection agencies, real estate sales, lawyers, and medical professionals. Enforcement

Each type generally has its own Bureau or division within the California State Consumer Affairs Department. To obtain telephone numbers for these bureaus call (916)445-1254, or (800) 952-5210, or listed in the State or Federal listings in the front of your phone book.

Other regulatory and licensing agencies are listed in the California License Handbook by the California Department of Commerce, Office of Small Business, available at the Central Branch of the library or on the Internet at the California's Department of Consumer Affairs or DCA: http://www2.dca.ca.gov/pls/wllpub/wllquery$.startup | http://www.dca.ca.gov/licensee/info.shtml

Fictitious Business Name

Sole Proprietorships, Partnerships, and Corporations must file a fictitious name statement with the county where their primary business is located. A fictitious business name is defined as a name that does not include the full surnames of all its owners or, in the case of a corporation, does not include the full corporate name.

Emil R. Battazatto, Attorney at Law does not need to file; Emil R. Battazatto & Sons does.

Rings Cafe Incorporated needs to file to do business as (dba) Rings Cafe or Expressways Gourmet Takeout.

You are required to file within 40 days of starting the business. Non-profit corporations, associations, or charitable organizations do NOT need to file. Filing is done at the County Clerk's Office, Special Services, 701 Ocean Street, Room 230, Santa Cruz, CA, 95060; (831)454-2470. http://www.sccoclerk.com/file.htm | more info | publishing name

Form | No Authority to not file/5 Years | Names | Abandon Name

For more on naming a business, branding, domain names and protecting the name from use by others click here.

Seller's Permit/Resale Number

Retailers, wholesalers, and manufacturers must obtain a Seller's Permit from the California State Board of Equalization, 8030 Soquel Ave., Suite 100, Santa Cruz, CA, 95062; (408)462-9496. A second or a new office is at 111 E. Navajo Drive, Suite 100, Salinas 93906-2452. Phone numbers are: (408) 443-3003 or (800) 400-7115.
http://www.boe.ca.gov/ | Permit

Should you be collecting Retail Sales Tax? Read the Article Sales Tax Often Confusing?

S.C.C. Retail tax rates: http://www.boe.ca.gov/sutax/pdf/Pending_Rates-4-09.pdf

This form registers your business to allow you to sell goods and requires you to collect sales tax if you sell to the final user. Technically and legally the seller is required to pay the sales tax but may be "reimbursed" by its customers.

Zoning Requirements & Permits

Before signing a lease or beginning a business, you should verify that the planned use, location and existence of adequate parking for the expected customer base of your business is in compliance with city Zoning Department regulations. You need a Zoning Permit if you are changing the use of a building or are starting a home occupation. If out of compliance, a Conditional Use Permit approval might be obtained through a public hearing process.

The City or County Planning Departments will determine and issue the following:

  • Zoning and usage approval
  • Occupancy Permit (aka Operating permit)
  • Building Permits

If you are in an unincorporated area, follow the Santa Cruz County regulations at 701 Ocean Street in Santa Cruz.

Santa Cruz County Planning Department (831) 454-2130. The zoning counter is 454-2130, 8-12, Monday - Friday.

You should contact the Planning Department of the city for businesses in incorporated areas

City and Other Planning Departments

  • Santa Cruz City, (831) 420-5100
  • Capitola, (831) 475-7300
  • Scotts Valley, (831) 440-5630 (M-F 8-1)
  • Watsonville, (831) 728-6018
  • Aptos,

Sign Ordinances & Building Permits

For construction and Renovation you will need a building permit.

All cities and the County have Signage Ordinances based upon the concerns of Public safety and general appearance. You'll need a permit to:

  • install
  • move
  • or remove a sign.

Regulations may be in place regarding related items such as:

  • planter boxes,
  • landscaping,
  • temporary signs and constructions,
  • lighting,
  • outdoor selling or consumption activity, and so on.

Check with the City and County Planning Departments/Commissions.

 

EIN: SS-4, Federal Employer ID Number

Used by the IRS to identify employers, sole proprietors, corporations, partnerships, nonprofit associations, trusts, estates of decedents, government agencies, certain individuals, and other business entities for tax payments and tax returns (similar to SS#). .

A Federal Tax ID Number, also known as an Employer Identification Number or EIN, is basically a Social Security Number (SSN) for a business. It is the number the Internal Revenue Service (IRS) uses to identify the business and it must be included on all tax filings the business makes. Also, banks generally require a Federal Tax ID (EIN) Number to open a business bank account.

Who needs an EIN?

  • All businesses with employees must have one: sole proprietorships, partnerships and corporations.
  • All partnerships and corporations must have one.
  • If you currently operate your business as a sole proprietorship or general partnership and are now looking to incorporate or form a limited liability company (LLC), you must obtain a new Federal Tax ID (EIN) Number for your business.

Who doesn't needs an EIN?

Trademarks, Copyrights and Patents

Trade and Service marks are registered at both the State and Federal levels, patents and copyrights at the Federal level.

Register Copyrights at the U.S. Copyright Office, Library of Congress, 101 Independence Ave. S.E., Washington, DC 20559-6000, (202) 707-3000
http://lcweb.loc.gov/copyright/

Patent and Trademark Office, 2021 Jefferson Davis Highway, Arlington, Virginia, 20231, (703)557-3341 or the Sunnyvale Patent Information Clearinghouse, 1500 Partridge Ave., Bldg. 7, Sunnyvale, CA, 94087, (408)730-7290; Secretary of State, 923 12th Street, Sacramento, CA, 95814, (916)445-9872.

For patent information, contact the Assistant Commissioner for Patents, Washington, D.C. 20231, (800) 786-9199 or (703) 308-4357, http://www.uspto.gov/ or the Sunnyvale Center for Innovation, Invention & Ideas (Sc[i]3), 465 S. Matilda Ave., Suite 300, Sunnyvale, (408) 730-7290, http://www.sci3.com/.

Trademarks and Service Marks. A trade mark is a symbol, word, letter or device that points to ownership (a brand name). For information, contact: Secretary of State, Trademarks/Service Marks, P.O. Box 944225, Sacramento, CA 94244-2250, (916) 653-4984, http://www.ss.ca.gov/business/ts/ts_formsfees.htm or the Patent and Trademark Office (see previous paragraph for address, phone and web address).

Partnership Paperwork

Register your Articles of Partnership, form a Partnership Contract, file a Certificate of Limited Partnership.

The Secretary of State has a San Francisco office at: 455 Golden Gate, Suite 7300, San Francisco, CA 94102-3660. The staff may be reached at (415) 557-7047.

Contact the Secretary of State at, 1500 11th Street, Sacramento, CA 95814. Forms and fee information are available at: http://www.ss.ca.gov/business/corp/corp_formsfees.htm.

Corporation Paperwork

Required paperwork includes Articles of Incorporation, Bylaws, Minutes of Initial Meeting, Statement of Domestic Stock Corporation, Choice of corporate form (full corporation, C corporation, S Corporation, LLC), Annual Shareholder's Meeting & Minutes, and so on.

Information concerning corporate filings may be obtained from: Secretary of State, Attn: Name Availability Unit, 1500 11th Street, Sacramento, CA 95814. Forms and fee information are available at: http://www.ss.ca.gov/business/corp/corp_formsfees.htm.

California Corporations Code:
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=corp&codebody=&hits+All

LLC's in California: http://www.ss.ca.gov/business/llc/llc.htm
(?Note: What is a professional limited liability company?)

Information on corporate name availability is available for a fee. For instructions on how to obtain information on name availability, call (916) 654-7960 (taped information).

Not -For Profit Status

If an organization or business wishes to obtain not-for-profit status they should:

  • call Registry of Charitable Trust, Secretary of State, Sacramento at (916)445-2021
  • Exempt Organizations Unit
    Franchise Tax Board,
    P. O. Box 1286,
    Rancho Cordova, CA 95741-1286,
    916-845-4171, http://www.taxes.ca.gov/exemptbus.html
  • Internal Revenue Service, Western Area Distribution Center, Rancho Cordova, CA 95743-0001, 1-800-829-3676, http://www.irs.ustreas.gov/charities/

Basic Services

Bank, Water, Gas & Electric, Garbage, Sewer Connection, Telephone, etc.

Displaying Permits

Employer/Employee Paperwork

EMPLOYEE RELATED REQUIREMENTS.
If you plan to hire employees, there are several requirements. You should file a form SS-4 with the Internal Revenue Service. The IRS will assign an employee identification number to your business. The toll free number to order the SS-4 is (800) 829-3676. Don't forget to ask them for the instructions. Send the completed form to Internal Revenue Service, Fresno Service Center, Fresno, California 93888. http://www.irs.ustreas.gov/pub/irs-pdf/fss4.pdf

You are required to file a registration form with the Employment Tax Section of the California Employment Development Department, 2045 40th Ave., Suite A, Capitola 95010, (888) 745-3886 or http://www.edd.ca.gov/taxreg.htm. After filing, you will be responsible for withholding and payment of state income tax and unemployment insurance.

You are also required to have each employee fill out a form I-9 from the Immigration and Naturalization Service to verify employment eligibility. The nearest INS office is: 1887 Monterey Rd, San Jose 95111. The form may also be obtained by calling (800) 870-3676 or at http://www.ins.usdoj.gov/graphics/formsfee/forms/i-9.htm.

You should arrange Workers' Compensation Insurance coverage for your employees. This can be done through a state sponsored plan, State Compensation Insurance Fund, 6203 San Ignacio Ave., San Jose 95119, (408) 363-7600, or your own insurance agent. For additional addresses and phone numbers of the State Compensation Insurance Fund, see http://www.scif.com/newscif2/.

You should familiarize yourself with the California Occupational Safety Health Act, which sets down exact requirements for safety and health standards in places of employment throughout the state. Fines for non-compliance can be steep. CAL-OSHA Regulations can be found in Title 8 of the California Code of Regulations, available at UCSC's McHenry library in the Government Publications department, at the Santa Cruz Law Library, 701 Ocean St., Rm 070 or at http://www.dir.ca.gov/Counters/t8index.htm.

http://www.bis.gov/oco/ocos017.htm

Questions about employer-employee relations? Call the Labor Commissioner at (415) 557-7878 for information.

EMPLOYEE ASSISTANCE.
Career Works is a nonprofit service of Santa Cruz County which is guided by a local advisory council of local business and civic leaders. Career Works offers a full range of services to both job seekers and employers, all at no cost. One of the programs includes an On-The-Job Training program which will reimburse up to 50% of a trainee's salary during the training period. Call Career Works - 1040 Emeline Avenue in Santa Cruz - (831) 454-4080 for more information or look at http://www.workforcescc.com/html/cw_otj_training.html for the Capitola and Watsonville address and phone numbers.

Taxes

Federal, State, Local, City, Excise, Retail Sales, Shareholder's, Corporate, Employee etc. Quarterly prepayments are required.

Insurance

You need Property, Liability, Auto, Crime, Worker's Comp, and optional (key-employee, disability, tenants, health/dental group, etc.)

Assistance and Help

CHAMBER OF COMMERCE.
It is not required, but you may be interested in registering with the Chamber of Commerce in your area at the following numbers:

* Aptos,(831) 688-1467, http://www.aptoschamber.com/
* Capitola, (831) 475-6522, http://capitolachamber.com/
* San Lorenzo Valley, (831) 335-2764
* Santa Cruz, (831) 457-3713, http://www.santacruzchamber.org/
* Scotts Valley, (831) 438-1010, http://www.svchamber.org/
* Pajaro Valley, (831) 724-3900, http://www.pajarovalleychamber.com/.

Some of these Chambers have Business Start-Up Kits for sale--call the one near you for more information.

SMALL BUSINESS ASSISTANCE.
The Central Coast Small Business Development Center (located at Cabrillo College), (831) 479-6136, http://www.businessonline.org , provides professional consulting at no charge for businesses in Santa Cruz and Monterey Counties that need assistance (businesses just starting out, businesses which are expanding, businesses which are in trouble). They also make referrals to business oriented workshops and services offered by a variety of agencies.

Business counseling on a one-to-one basis is available through SCORE (Service Core of Retired Executives) http://www.score.org/. Appointments may be made by calling the Santa Cruz, Capitola, Scotts Valley or Pajaro Valley Chambers of Commerce (see above for phone numbers).

The Small Business Administration (SBA) offers help to small businesses and has a number of low cost business development pamphlets and booklets available. The nearest SBA District office is: SBA, 455 Market St., 6th Floor, San Francisco, CA 94105, (415) 744-6820, http://www.sba.gov/.

Other Resources
Useful Websites 
  • CalGold http://www.calgold.ca.gov/ provides businesses with information on permits and other requirements of California agencies at all levels of government, including addresses, telephone numbers, and links to agency Internet web pages.
  • Franchise Tax Board http://www.taxes.ca.gov/Small_Business/ contains links to various government and non-government sites that provide business owners research information and information sources on different aspects of starting, running, and closing a business in California.
  • U.S. Business Advisor http://www.business.gov/ was created by the Small Business Administration, the National Partnership for Reinventing Government and the U. S. Business Advisor interagency task force to be "a one-stop electronic link to all the information and services government provides for the business community."

Cabrillo College Library

http://libwww.cabrillo.cc.ca.us/

Topsy Smalley, Reference Librarian Homepage

http://www.topsy.org/

The Santa Cruz City-County Library System
The Library has many publications to assist an entrepreneur starting a small business. Consult the staff, in person or by phone (831 420-5730), to determine if the library has materials in which you are interested.

You may connect to the library's Public Access Catalog through our home page at http://www.santacruzpl.org/ or look for books in the Library Catalog by choosing a subject from the following list:

* Electronic Commerce
* Internet Advertising
* Mail Order Business
* New Business Enterprises
* Small Business -- Management
* Small Business -- Planning