If you plan to start a small business in North Dakota, you’ll need to register your business name and any doing business as (DBA) names with the secretary of State. Depending on your line of business, you may also have to apply for licenses and permits. Here is a guide to the small business licenses and permits you may need, including what they are, who issues them, and how to apply.
One reason for licenses and permits is to ensure all small businesses abide by North Dakota state and local law, including collecting and paying sales tax. Another purpose for requiring these credentials is to promote public safety. Professional licenses ensure us that endeavors that require special skill, education, or training are being done only by businesses that have the qualifications. Permits certify that activities such as food preparation are being conducted on a safe premises and in a safe manner.
People often use the terms “license” and “permit” interchangeably, but there are some differences between the two. In general, licenses authorize companies to conduct specific types of businesses in specific locations. An example is professional licenses, which ensure that skilled people such as dentists, accountants, and electricians are qualified to do their jobs. To receive a license, you have to apply, pay a fee, and often pass a test of give some other proof of qualification.
Permits are authorizations to perform certain activities, such as operating a food truck, putting of a business sign, or hosting a special event. They often require initial and ongoing inspections.
North Dakota does not require a general business license, although businesses must register with the Secretary of State before they can apply for any licenses. Depending on what the enterprises do and where they’re located, they might need several types of licenses and permits from state, local, and federal governments.
The Attorney General’s Office and the Secretary of State issue a number of licenses. Examples include alcoholic beverages, fireworks, charitable gaming, tobacco, contractors, home inspectors, lobbyists, and professional fundraisers. In addition, state boards that regulate various professional activities often require licenses for their practitioners. These include medical professionals, lawyers, architects, real estate agents, and quite a few others..
Cities and counties may have additional requirements for such things as food and liquor licensing, taxi operation, and contractor activities.
Some entrepreneurs are in a line of business that requires a federal permit from a regulatory agency. Examples are certain aspects of agriculture, alcohol, aviation, firearms and explosives, fish and wildlife, maritime transportation, mining, nuclear power, radio and TV broadcasting, and transportation. Each of these federal agencies has its own requirements, fees and application process.
The North Dakota Secretary of State’s Start a Business web page has a number of expandable sections, and one of these is Getting Licensed. It lists the 15 specific licenses that are issued by the Secretary of State and the Attorney General. From this screen, you can link to Licensing and Registration | Secretary of State | North Dakota and North Dakota Attorney General | Licensing. The Attorney General site lists the eight licenses it controls, and a drop-down list from the Licensing and Gaming tab gives you more information about the requirements and application process for each. The Secretary of State site has seven buttons for the seven licenses it issues, and the buttons link to the necessary information.
Another link on the Getting Licensed page takes you to Business Reports, Forms and Licenses Required in the State of North Dakota | NDSU Agriculture. There you will find information and links related to permits for such activities as air pollution control, animal feeding, handling of hazardous waste, and wastewater discharge. There’s also a link to the sales tax permit info. There’s licensing information about asbestos treatment, radioactive material, and septic tank pumping.
A final link on the Getting Licensed page takes you to the Office of Governor Boards. This site lists the state’s professional boards, which include nursing, barbering, pharmacy, plumbing, and many more. The links describe what the boards do and give the contact information for each.
For local licenses, you will need to contact the local government to find out what licenses and permits are required. You may have to call the city or county office.
For federal licenses and permits, the Small Business Administration maintains an Apply for Licenses and Permits page. For each of the activities that requires licensing, there’s a link to the appropriate agency. There you will find information on what licenses you may need and how you can apply for them.
There isn’t “one-stop shopping” for North Dakota licenses and permits. For each type of credential that you require, you will have to go to the Attorney General website, the Secretary of State website, or the website of a governing professional board. For each license or permit, there is a form you must fill out and the instructions for submitting it, including the fee and any additional documentation that might be required.
If you sell goods or provide taxable services, you will need a North Dakota Sales and Use Tax Permit. You must apply through the Taxpayer Access Point (TAP) system.
For each city, town, and county where you plan to do business, you will have to apply for local licenses and permits. The process is different for each municipality, and you must go to the local website or contact the community office.
Federal licenses and permits are applied for with the regulating agency. The Apply for Licenses and Permits web page contains the links to these agencies. For example, the Department of Agriculture maintains an Animal and Plant Health Inspection Service (APHIS) eFile page where you can apply for what you need.
The waiting time for a North Dakota license or permit is variable. It depends on which government entity you applied with and what kind of credential you applied for. In most cases, you will find the expected response time, as well as whether and how you can track the progress of your application, at the same location where you found the application.
Many but not all federal, state, and local licenses and permits require renewal. Annual renewal is typical. When you submit your initial application, make note of the renewal requirements and processes. You renew with the same agency, and you can usually use the same or a similar process.
Identifying and applying for all the North Dakota licenses and permits a new small business needs can be a confusing and time-confusing endeavor. However, there is a finite number of government agencies you have to reach out to, and all the information is available, as close as your computer or your telephone. If you go about it methodically, you should have no trouble covering all your bases for licensing and permitting. You’ll be able to open your doors and/or portals for business, confident that you are in compliance with federal, state, and local agencies.
If you’re not properly licensed, your business career could be a short one. Your enterprise might be temporarily or even permanently shut down. Furthermore, operating without the proper credentials is a crime, and you can be subject to criminal charges.
There isn’t a general business license for any type of business in North Dakota, including a sole proprietorship. However, you will still need all the required licenses and permits for your line of business and the localities where you do business.
Most licenses in North Dakota need to be renewed. The most common renewal period is annually. Renewal requirements are specified by the agency or community that issues the credential, and you should make yourself aware of the requirements when you go through the initial application process.
This portion of our website is for informational purposes only. Tailor Brands is not a law firm, and none of the information on this website constitutes or is intended to convey legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness. It also does not indicate any affiliation between Tailor Brands and any other brands, services or logos.
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