Most owners go looking for "the" business license and find either nothing or a confusing pile of forms. Both outcomes come from the same misunderstanding: licensing is not one permission, it is a stack of them. Work through the stack in order and the picture usually resolves in an afternoon.
The four layers are federal, state, county and city. They do not coordinate with each other. Satisfying one says nothing about the others, and it is entirely normal to need a city permit and a state permit while needing nothing at all from the federal government. The order below is deliberate — it starts with the layer that rules most businesses out.
Layer one: federal licensing (most businesses need none)
Federal licensing is activity-based, not size-based. It applies when your business touches something a federal agency regulates directly. If none of these describe you, you can stop thinking about the federal layer entirely.
| If your business involves | The agency to check |
|---|---|
| Making, importing, wholesaling or serving alcohol | Alcohol and Tobacco Tax and Trade Bureau (TTB), plus your state authority |
| Firearms, ammunition or explosives | Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) |
| Commercial aviation or drone operation for hire | Federal Aviation Administration (FAA) |
| Radio or television broadcasting | Federal Communications Commission (FCC) |
| Commercial fishing or marine transport | NOAA Fisheries / U.S. Coast Guard |
| Transporting goods or people across state lines | Department of Transportation (DOT / FMCSA) |
| Meat, poultry, egg products or certain agricultural imports | U.S. Department of Agriculture (USDA) |
An EIN is not a licence. It is a tax identification number issued by the IRS, free, and usually granted immediately online. Getting one does not register you with any licensing body and does not authorise you to trade.
Layer two: state
The state layer is where most of the real requirements live, and it splits into three separate questions that people often collapse into one.
Is there a general state business licence?
In most states, no. A minority require every business to register at state level regardless of industry — Alaska, Delaware, Nevada and Washington are commonly cited examples, and Hawaii's general excise tax licence works similarly in practice. Elsewhere, the state cares about your industry and your tax obligations rather than your existence. Check your Secretary of State and state revenue department; do not assume either way.
Is your occupation licensed?
Occupational licensing is the layer that catches people by surprise, because the list is much longer than the obvious professions. Alongside doctors, lawyers and accountants, states commonly license cosmetologists and barbers, electricians and plumbers, HVAC contractors, general contractors above a dollar threshold, real estate agents, insurance producers, childcare providers, security guards, massage therapists, and pest control operators.
Thresholds matter here. Many states only require a contractor licence above a certain project value, and that number varies widely. If your trade is anywhere near a licensed one, check the specific board rather than reasoning by analogy.
Do you need a sales tax permit?
If you sell anything taxable, almost certainly yes — and usually before your first sale rather than at your first tax filing. This is covered in detail in sales tax permits and when they apply, including the part that catches service businesses out.
Layer three: county
County requirements are the easiest layer to miss because they are inconsistent. Some counties license every business operating in unincorporated areas; others license none and leave it to the cities. Where counties are most likely to be involved:
- Health permits — food service, food handling and anything involving public pools or personal care is usually a county health department function.
- Unincorporated areas — if your address is outside city limits, the county often plays the role a city otherwise would, including zoning.
- Fictitious business names — in several states, a DBA is filed with the county rather than the state. See registering a DBA.
- Building and fire inspections — for a physical premises, often shared between county and city.
Layer four: city
For a business with a physical location, the city is usually where the most immediate requirements sit. A general business licence — often called a business tax certificate or business tax receipt — is common, and it is frequently the one that is enforced most actively, because it is tied to local revenue.
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General business licence or tax certificate
Registration with the city to operate at all. Typically renewed annually, often with a fee scaled to revenue, employee count or square footage.
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Zoning approval or a home occupation permit
Confirms your activity is allowed at that address. Working from home does not exempt you — see zoning and home-based businesses.
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Certificate of occupancy
For a commercial space, confirms the building is approved for your use. Changing the use of a space — retail to food service, say — usually requires a new one, and that can be the longest item on a build-out timeline.
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Sign permit
Most cities regulate size, placement, illumination and materials. Covered in signage permits and storefront rules.
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Fire inspection
Required for most premises open to the public, and commonly tied to occupancy limits, exits and suppression systems.
A practical order of operations
Because the layers depend on each other in places, sequence saves rework:
- Form the entity, if you are forming one, and get the EIN.
- Confirm the address is zoned for your use — before signing a lease.
- Check the federal list. Rule it out or start early, because federal timelines are the longest.
- Check state occupational licensing for your trade.
- Register for sales tax if you sell anything taxable.
- Apply for the city business licence and any county requirement.
- Book inspections — health, fire, building — which usually have to happen before you open.
Zoning. It is the only item on the list that can make an address unusable, and it is the most expensive thing to discover after signing a lease. Every other permit can usually be obtained late at the cost of a penalty; zoning cannot.
Renewals are where compliance quietly lapses
Most of these are annual, they renew on different dates, and the reminder is often a single mailed notice to the address on file. Businesses that lapse usually do so because they moved, or because the person who filed originally left. Keep one list with the issuing body, the renewal month and the account number, and check it once a year.
Questions owners ask
Do I need a business licence to sell online from home?
Usually yes, and often two: a city business licence for the address you operate from, and a sales tax permit for the states where you have tax obligations. Selling through a marketplace can change the sales tax picture but rarely removes the local licence.
Is an LLC a business licence?
No. Forming an LLC creates a legal entity; a licence grants permission to carry out an activity. You can have a properly formed LLC and still be unlicensed to trade, and you can be fully licensed as a sole proprietor with no entity at all.
What happens if I have been operating without one?
It varies, but the common pattern is back fees for the unlicensed period plus a penalty, rather than anything more dramatic. The exposure grows the longer it runs, and some jurisdictions will not issue a licence retroactively without the back payment, so acting sooner is generally cheaper than waiting.
Do I need a separate licence in every city I work in?
Often yes for trades that travel — contractors, mobile services, cleaners. Many cities require a licence from any business operating within their limits, not just those based there. If you work across a metro area, check each city you regularly serve.
Where to check
- U.S. Small Business Administration — apply for licenses and permits
- USA.gov — business permits and licenses
- IRS — get an Employer Identification Number
- Your Secretary of State, state revenue department, county clerk and city business office
Rules change, and local ones change quietly
If something here no longer matches what your city or state requires, tell us and we will correct it.
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