City of Folsom Business Start Up Check List and

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1 City of Folsom Online Filing Available at ACH Debit (checking/savings account) or Credit Card (Visa, MC, Discover) The City of Folsom Municipal Code requires that ALL businesses operating within the city limits obtain a Business Certificate. Issuance of a city certificate does NOT constitute permission to operate the stated business. Applicants are also responsible for maintaining compliance with all other applicable laws and regulations, including, but not limited to, zoning, health, building and fire. New Businesses: New Business Certificate application forms must be approved by the Planning and Building Divisions, as well as the Fire Marshal and Police Department (if applicable). 1. If you filed online or are choosing to mail your new business application to MuniServices, MuniServices will submit all provided documentation to the planning department on your behalf. Please , fax or mail any permit applications or certifications to MuniServices so that a complete application can be presented to the City. 2. If you choose to go to City Hall, you can present your application to the Planning Department for consideration. The Planning approval signature may be obtained at the Planning Division counter on the second floor of the City Hall building at 50 Natoma St., Folsom, The Planning counter is open Monday through Friday 8:00am-1:00pm, or by appointment. The City of Folsom Business Certificate is issued only for the location indicated on application form. Folsom Business Certificates are valid from July 1 st to June 30 th of each year and must be renewed before August 1 st to avoid penalties. (Exceptions: Specialty per day, per month, per quarter certificates) Changes to Current Certificates: Business Certificates are non-transferable. The MuniServices Business Certificate department must be contacted to report any change in ownership or Federal Tax ID number. Any change in business location must be approved by the Planning Division. Please complete the application form with the new business information and submit to MuniServices. For a Certificate Reprint, there is a fee of $ Page 1 of 10

2 Home Occupation Certificates: Business is based out of residence in Folsom. New Businesses must complete the Home Occupation Permit application that is located here or complete the one available through the online filing registration process. All New Home Occupations must pay the associated fee of $26.00 in conjunction with the Business Certificate Fee (either 1.01 Home Occupation Gross Receipts or 1.02 Home Occupation - Professionals/Services/Mfg/Wholesale.) The entire application will be reviewed by the City s Planning Division for approval of the Proposed Home Occupation. 1. If you file online, MuniServices will submit a copy of the application to the City on your behalf. 2. If you mail your new business application to MuniServices, please also /fax/mail this form to MuniServices who will then submit your application to the Planning Department on your behalf. 3. If you elect to go to City Hall, you can present your application to the Planning Department for consideration. Certificates based on Number of Employees: For Professional certificates, the owner counts as an employee as well as any others in the business (reporting in Folsom). Contracted/Temporary count as staff if they are paid employees. If Contracted are going through an agency, that agency needs a business certificate (gross receipts). Each part time employee counts as an employee. For seasonal employees, such as tax companies, use full time equivalent. Contractors/ Sub-Contractors Business Certificates: Contractors are not required to have individual business certificates if the work they are performing requires them to pull building permits for their jobs in Folsom. There is a $25.00 business certificate fee charged on each building permit. Contact the Planning Department to purchase the permit. Contractors who do not need to pull a building permit and Sub-Contractors are required to have individual business certificates. Please refer to the City of Folsom fees for gross receipts based businesses. Historical District Certificates: Historical Surtax applies only for businesses on Sutter Street, Traders Lane, and Gold Lake Drive. Annual Fee $60.00 / Semi-Annual Fee $30.00 Pay Annual fee when applying July through December. Pay Semi-Annual Fee when applying January through June. Page 2 of 10

3 Specialty Certificates: Includes special event, Itinerant vendors, peddlers, solicitors, or street stands. May need temporary use permit. Business will need to contact the Planning Department for details. Large Family Day Care Business Certificate: Business is based out of a residence in Folsom. A Large Family Day Care Home means a home which provides day care for more than eight (8) children and up to and including fourteen (14) children in the provider s home under license from California Department of Social Services for periods less than 24 hours per day while the children s parents and guardians are away, including children under the age of 10 years who reside at the home (California Health and Safety Code Section ). A large family day care home may provide care for more than 12 children and up to and including 14 children, if all the following conditions are met (California Health and Safety Code Section ): o At least one child is enrolled in kindergarten or elementary school and a second child is at least six years of age. o No more than three infants are cared for during any time when more than 12 are being cared for. o The licensee notifies each parent that the facility is caring for two additional school-age children and that there may be up to 13 or 14 children in the home at one time. o The licensee obtains written consent of the property owner when the family day care home is leased or rented. New Applicants must complete the Large Family Day Care Business Permit application located here or complete the one available through the online filing registration process. All New Businesses Large Family Day Care Businesses must pay the associated permit fee of $26.00 in conjunction with the Large Family Day Care Business Certificate Fee. The entire application will be reviewed by the City s Planning Division for approval of the Proposed Home Occupation. 1. If you file online, MuniServices will submit a copy of the application to the City on your behalf. 2. If you mail your new business application to MuniServices, please also /fax/mail this form to MuniServices who will then submit your application to the Planning Department on your behalf. 3. If you elect to go to City Hall, you can present your application to the Planning Department for consideration. Page 3 of 10

4 Definition of Gross Receipts: Gross receipts means the gross receipts of the preceding calendar year or part thereof, and is defined as follows: The total amount actually received or receivable from all sales; the total amount or compensation actually received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise; and gains realized from trading in stocks or bonds, interest discounts, rents, royalties, fees, commission, dividends or other emoluments, however designated. Included in gross receipts shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever, except that the following shall be excluded therefrom: 1. Cash discounts allowed and taken on sales; 2. Credit allowed on property accepted as part of the purchase price and which property may later be sold, at which time the sales price shall be included as gross receipts; 3. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser; 4. Such part of the sale price of property returned by purchasers upon recision of a contract of sale as is refunded either in cash or by credit; 5. Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded; 6. Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected, provided the agent or trustee has furnished the collector with the names and addresses of the others and the amounts paid to them. This exclusion shall not apply to any fees, percentages or other payments retained by the agent or trustee; 7. As to a retail gasoline dealer, the portion of his receipts from the sale of motor vehicle fuels equal to the motor vehicle fuel certificate tax imposed by and previously paid under Part 2 of Division 2 of Revenue and Taxation Code of the state of California; 8. As to a retail gasoline dealer, the special motor fuel tax imposed by Section 4041 of Title 26 of the United states Code if paid by the dealer or collected by him from the customer or purchaser; 9. Cash value of sales, trades or transactions between departments or units of the same business; 10. That portion of the receipts of a general contractor which represents payments to subcontractors; provided, that such subcontractors are certificated under this chapter, and provided the general contractor furnishes the collector with the names and addresses of the subcontractor and the amounts paid each subcontractor; 11. As to a real estate agent or broker, the sales price of real estate sold for the account of others except that portion which represents commission or other income to the agent or broker. Page 4 of 10

5 California Disability Access $1.00 Fee Information (Required for all New and Renewal Certificates): On September 19 th, 2012 Governor Brown signed into law SB-1186 which adds a state fee of $1.00 on any application for a local business Certificate or similar instrument or permit, or renewal thereof. The purpose is to increase disability access and compliance with construction-related accessibility requirements and to develop educational resources for businesses in order to facilitate compliance with federal and state disability laws, as specified. California Government Code Section 4469 Under federal and state law, compliance with disability access laws is a serious and significant responsibility that applies to all California building owners and tenants with buildings open to the public. You may obtain information about your legal obligations and how to comply with disability access laws at the following agencies: o The Division of the State Architect at o The Department of Rehabilitation at o The California Commission on Disability Access at Veteran Exemption: Every person who is honorably discharged or honorably relieved from the military, naval, or air service of the United States and who is a resident of this state, may distribute circulars, and hawk, peddle and vend any goods, wares, or merchandise owned by him or her, except spirituous, malt, or vinous, or other intoxicating liquor, without payment of any business certificate fee, whether municipal, county, or state, and the legislative body shall issue to that person, without cost, a certificate therefor. (Added by Stats. 2008, Ch. 435, Sec. 1. Effective January 1, 2009.) Proof of exemption required. Page 5 of 10

6 Information for Massage Therapists and Practitioners: Effective February 21, 2013, Ordinance No. 1173, Title 5, Chapter 5.25 of the Folsom Municipal Code ( FMC ), requires that all persons and businesses providing massage services in the City of Folsom must obtain state certification. Specifically, Section states: Unless exempt under Section , no person may practice as a massage therapist or massage practitioner within the City of Folsom without a certificate issued by the California Massage Therapy Council. No person shall conduct or operate a massage establishment or off-premises massage service without requiring that all persons practicing massage in, for, or on behalf of the massage establishment possess a current and valid certificate issued by the California Massage Therapy Council. Failure to comply with this, or any of the provisions of FMC Chapter 5, Section 5.25, is unlawful, and may be cited as both a public nuisance and a misdemeanor. In addition to the requirement for state certification, FMC Chapter 5, Section 5.25 establishes health and safety requirements, conditions for operations, and administrative procedures for persons and businesses providing massage services in the City of Folsom. The complete FMC is available through the City s web page at a certified copy of the adopted ordinance may be viewed either on the web page or at the Folsom City Clerk s Office, 50 Natoma Street, Folsom. You also may request a copy be mailed or faxed to you at no charge by calling the City Clerk s office at Page 6 of 10

7 Other Agencies Contact Info: Category Required for Business Name Contact Information Health Permit Businesses dealing with food Sacramento County Environmental Health Dept Armstrong Avenue Mather, CA Sellers Permit Includes wholesalers, manufactures and retailers State of California, Board of Equalization 3321 Power Inn Rd Suite 210 Sacramento, CA or Fictitious Business Any business where the last name of the owner is not part of the business name. Sacramento County Clerk-Recorder Dept. 700 H Street, Room 1710 Sacramento, CA State Employer # Submitting payroll information to State. State of California, Employment Development Dept. 7001A East Parkway, Room A Sacramento, CA Federal Tax ID Federal Tax ID Number Internal Revenue Services 4330 Watt Avenue Sacramento, CA Better Business Bureau Better Business Bureau 400 S Street Sacramento, CA Contractor s License State Contractor s License Board PO Box Goethe Road Sacramento, CA or Small Business Admin Small Business Admin 650 Capitol Mall, Suite Sacramento, CA Folsom Chamber of Commerce Folsom Chamber of Commerce 200 Wool Street Folsom, CA Alcohol Permits Alcohol Permits State of California Alcohol Control Board 3321 Power Inn Road, Suite 230 Sacramento, CA Page 7 of 10

8 Federal tax id number information can be located at: Forms are located at / search TIN / or search tax id number ; also knows as employer identification number Internal Revenue Service 4330 Watt Avenue Sacramento, CA Fictitious name statements can be checked at: (Fictitious not needed for LLC s or Corps) Tax Collection and Licensing Fictitious Business Name efbn ONLINE SERVICES Sacramento County Clerk Recorder Department 700 H Street, Room 1710 Sacramento, CA For company dba doing business as, ROV Enterprises, Inc dba Rapid Rooter enter as: First line: Rapid Rooter Second line: ROV Enterprises, Inc Contractor s license can be checked at: State Contractor s License Board PO Box Goethe Rd Sacramento, CA or o Click on instant certificate check o Click on License Number o Enter in Contractor License # in the box then click Search for License Page 8 of 10

9 Seller s permit information can be found at: / verify a permit/certificate State of California, Board of Equalization 3321 Power Inn Road Sacramento, CA or A Seller s permit o o o o o Required for any retail or wholesale business If the applicant provides a Seller s permit number, a copy can be printed off the internet at If the customer has multiple stores, only the first one will show **The customer needs to have one that points to Folsom & needs to provide that to us The actual copy provided to the customer (not internet copy) will show CONSOLIDATED SELLER S PERMIT if they do not have permits for each location County health permit information can be found at: then click Food Inspection Search Page on left, scroll down and enter Facility Name or Street Name, Click on View Inspection Report for the restaurant in question to and print off report. Sacramento County Environmental Health Dept 8475 Jackson Rd, Suite 240 Sacramento, CA California Department of Consumer Affairs: ABC (Alcoholic Beverage Control): Sacramento District Office 3321 Power Inn Rd, Suite 230 Sacramento, CA State Employer # (Required for submitting payroll information to State: State of California, Employment Development Dept 7001A East Parkway, Room A Sacramento, CA Page 9 of 10

10 Better Business Bureau (BBB): Beacon Blvd West Sacramento, CA to: Web address for our region: Folsom Chamber of Commerce Wool Street Folsom, Ca Page 10 of 10