Starting a successful doughnut shop takes more than knowing how to make a great doughnut. Starting a new business requires completing several steps, and obtaining licensing is an important one as it may impact your ability to operate legally.
The question, “what business license do I need to start my doughnut shop” is a common one, but in reality, your business will likely need multiple licenses, permits, and registrations from federal, state, and local agencies.
Let’s look at which licenses to consider when starting a doughnut shop.
Related: Guide to starting a doughnut shop
To not miss any important licenses and permits, we recommend also checking with your local Chamber of Commerce, economic development agency, or use a business license service like Incfile or LegalZoom.
What Licenses Do You Need to Start a Doughnut Shop Business?
Each state has different requirements, but licensing for a doughnut shop will be similar to a bakery. Here are some of the licenses to look for when starting your business.
Food Service License
In order to sell food or beverages, a food service license is needed. This licensing helps ensure that food-service establishments follow health and safety requirements and keep the public safe. Registration is different by location and is typically through the local health department, though a state license may also be needed in some states.
Licensing typically requires employees have a food handler certificate or food sanitation certification, in addition to regular and random health inspections of the facility.
Business Structure
When starting a business, the business structure (also referred to as a legal entity) needs to be selected. A business structure refers to how a business is organized to operate. There are four main types of entities; sole proprietorship, partnership, corporation, and Limited Liability Company (LLC).
Each type of entity has its own pros and cons, such as liability protection, costs, and administrative requirements.
Related: What is the difference between a sole proprietorship, partnership, corporation, or LLC?
Business Name Registration
While not necessarily a business license, it’s worth noting that to use a name for a business, many states require the registration of that name. Making matters more complicated, the process of name registration is different by state and the type of business entity.
For instance, sole proprietorships and partnerships generally need to register a business name (also referred to as a Doing Business As, DBA, trade name, fictitious name, or assumed name).
Learn: How to register a DBA
Corporations and LLCs register are a little easier because the name is registered when the entity is formed with the state.
General Business License or Permit
Depending on where the business is located, a general business license or permit may be required. A few states require a business license; however, they are more commonly found at the city level.
Learn more: Business license requirements by state
Federal Employer Identification Number
The Federal Employer Identification Number (also referred to as a FEIN, Employer Identification Number, EIN, or Federal Tax ID Number) is a unique nine-digit number that identifies a business with the Internal Revenue Service (IRS).
Any business with employees or those that form as a partnership, corporation, and in many cases an LLC, the business will need to get an EIN.
Sole proprietors and single-owner LLCs without employees can instead use the owner’s social security number.
The FEIN or owner’s social security number will be used to open a business bank account, happy for a business credit card, or hire employees.
Learn: How to get an EIN
Sales Tax Permit or Business Number
In order to sell doughnuts, coffee, and other items, a state sales tax permit (also referred to as a business tax number or tax ID number) may be needed. This permit creates an account number with the state’s Department of Revenue (or similarly named state taxing agency) to collect and remit sales tax.
Learn: How to get a sales tax permit in each state
Resale Certificate
When buying inventory that is being resold to customers, such as egg, flour, sugar, oil, and other items, the business can purchase these items tax-free. A resale certificate (sometimes referred to as a seller’s permit) allows a business to purchase inventory, and instead of paying the sales tax to their vendor, they charge the sales tax to the end-user of the product.
A resale certificate only allows a business to not pay sales tax for items being resold, and sales tax will still need to be paid for supplies or equipment.
Learn: How to get a resale certificate
Certificate of Occupancy
In most communities, a doughnut shop will likely need to secure a Certificate of Occupancy (CO) before operating in a commercial building. This certificate is typically obtained from the city and/or the county and allows a business to occupy and operate from a building. Before the certificate is issued, the building will need to comply with zoning regulations, building codes, and any other local requirements.
Before purchasing or leasing a location for your doughnut shop, be sure to check with the local zoning department first to ensure the business can legally operate out of the chosen location.
Music License
A license that may not be obvious for many doughnut shops is a music license. If you plan to play music in the store, whether it’s live, recorded, or streamed, a Public Performance License (PPL) will be needed. A blanket license can be obtained through the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music Inc. (BMI), and the Society of European Stage Authors and Composers (SESAC).
Fines from playing unlicensed music can be pretty high, so be sure to get the licensing before playing in your space.
While researching licenses and permits isn’t the most exciting thing when starting a doughnut shop, it’s critical to do the research upfront to avoid any surprises after opening your shop.
For some additional peace of mind, companies like Incfile or Legalzoom can do the research and ensure you have all of the proper federal, state, and local licenses to start your business.