The troubles and trials of licensing and permits
Posted by A. B. Dada on 28th March 2006
One of my regular readers is preparing to open their first store in his small town — with a rent of US$400 per month, about 600 square feet on a nice road — I’ve been helping him design the right business plan and preparations so that he’ll have a much better chance of survival. Most new businesses fail because the owners get too aggressive in spending money but not time. The most successful businesses are those that open earlier than the door says and close later, with the business owners spending a significant period of time at the store after-hours taking inventory, cleaning up, and making the place look comfortable.
The only process I haven’t been able to help him with has been his local regulations regarding how to open a business. The lease is fairly simple (I always recommend getting a realtor and a lawyer before approaching a landlord for a lease), and getting his accounts open should be pretty quick once he has everything ready. Now he’s at a stopping point because of the paperwork he has to deal with on the government level.
The first thing to do to start a business legally is to get a FEIN — a Federal Employer Identification Number. This is similar to a social security number — it gives a business an identifier in paying taxes and filing paperwork. You can apply for an get your FEIN fairly quickly. The form is the IRS SS-4 form, available online here.
Once you receive your FEIN, you’ll want to contact your local State taxing body or department of revenue to acquire a business license — usually a sales tax ID number or other identification number for filing sales tax and other fees. Your state’s revenue department website can be found at this site. I highly recommend actually going to your local state revenue location to discuss the particulars in person — expect it to take more than a day as the bureaucracy can be intimidating. Be nice, be friendly, and get everyone’s name and ID number.
Once these two important pieces of paper are in your hands, you have to go to your county office. Some counties have power over the villages in regulating businesses, especially on county highways or roads. A quick call to the county will generally get you the information you need to apply for any licenses.
Once the 3 licenses are out of the way, go open a bank account for your business. All you need is the licensing from the government bodies and you’re set — maybe an hour total at the bank.
You can now apply for your reseller accounts with your wholesalers and distributors. This takes time, sometimes weeks, so it is best to get them started immediately after receiving your licenses above. After you apply for these accounts, I’d recommend researching a merchant account company — they process credit cards. I prefer buying a used credit card terminal on eBay, and some of these higher feedback-rated companies can get you great deals on merchant accounts. I must have paid almost US$3000 more over 3 years because I let my bank handle the account. Ouch!
Now that you’ve got the licensing and the accounts started, and know how you will collect your income and where you’ll place it, the worst part is ahead: the city or village. Sometimes a city or village won’t talk to you until you have a lease and a property, but then you can’t get a lease or property (a big risk) if you don’t know if the village or city will give you a permit to sell your products! It is a chicken-and-egg situation, and I highly recommend finding a podunk lawyer firm located close to your city hall. This is generally where the cronies work — the sons or cousins or friends of those in office.
Give them a call, sit down with your one free consultation, and ask them how you can get your business open in the least amount of time possible. The costs will be higher than doing it yourself, but you can shave 3-6 months off the process. I once opened a retail store in less than 5 days, and the retail store next door to me took 6 months. I made more than 5 times over what I paid the lawyer to “file my paperwork.”
Once that’s out of the way, get insurance. I lost almost US$50,000 in a theft when we were underinsured — almost closing my business for good. I’m still paying off that debt over 2 years later.
After that’s done, the next step is getting your occupancy, again another local village monstrosity. I’ll get more into this detailed step, as well as deeper detail on all the previous steps, throughout the coming days and weeks.
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