It may seem strange to you that your small consulting service or home-based hand knit sweater business would need to comply with numerous local, state and federal licensing and permit requirements, but in all likelihood it will, so it is important to understand what to expect. Business licenses and permits can range from the general (a basic license to operate a business within a city or county), to the specific (a state permit to sell alcohol or firearms). Business-related licenses and permits are issued at all levels of government-federal, state, and local (city, county, or town). • Building Permits: If you are constructing a new building, or expanding or renovating an existing building in order to operate a business, you will most likely need to obtain a building permit from the city or county. The process may require that you submit a detailed set of plans to the department prior to approval of the work and issuance of the permit. • Sales Tax Licenses and Numbers: In your state there may be a percent sales and use tax which applies to the retail purchase, retail site, rental, storage, and use of personal property and certain services. In other words, sales tax must be collected on just about every tangible item sold. A sales tax number is required for each business before opening. In many instances, the licensing agency requires applicants to take some form of standardized test, acquire an academic degree, complete training courses, or complete a certain number of field training hours before qualifying for a license. Many agencies impose a combination of these requirements. Disputes may arise regarding whether or not an applicant has met the necessary requirements. Most agencies that require licenses provide the public with a method for reporting whether one of its licensees has violated a law, practice, or procedure relevant to the industry. An administrative agency that has denied, suspended, or revoked a license may be subject to legal action from the applicant or license holder. Before pursuing legal action, however, the applicant or license holder usually must exhaust any appeal procedures provided by the agency, such as an administrative hearing or administrative appeal. An applicant or license holder may assert a number of claims in the lawsuit against the agency, including the violation of certain rights and procedures. The court will then determine whether the agency’s denial, suspension, or revocation of the license complied with the appropriate procedures and was within the realm of the agency’s authority. A licensing agency’s authority to grant, deny, suspend, or revoke a license is derived from the statute or order that created the agency. Any conduct by the agency that falls outside the scope of the statute may constitute an arbitrary and capricious act, or an abuse of the agency’s discretion. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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