NYC Small Business Resource Center Science, Industry and Business Library NYPL Lion
Home Events Videos Forum FAQ Services Directory Business manual Ask a question Site Map

Business Owner's Manual

Negotiating the Regulatory Maze

 

Most firms need several licenses, permits, and/or certificates. New York City issues more than 800, and New York State agencies issue an additional 1,400! In most cases, having a permit or license from either the City or the State is not enough. You often need both. In addition, your business may be subject to federal regulations.

Finding out what permits and licenses you need and what regulations apply to you can be difficult. To avoid problems down the road, it's essential to do it before you begin to operate your business. This guide is intended to help make your search easier.

Note:  Many industry associations keep up-to-date on applicable city, state, and federal regulations and are often involved in lobbying. There are a number of industry associations listed in the Services Directory. Search under the category "Business Advice and Networking." If we don't have what you're looking for, check the business pages of a phone book or the Encyclopedia of Associations, available in most libraries.

Small business can find help with compliance regulations on a new section of The Office and Management and Budget's Business.gov website. Check by agency name.



Last updated: 2006

NEW YORK CITY REGULATIONS  

The City regulates the operation of all business activities. Fortunately, there are a number of resources that provide comprehensive guidance on the full spectrum of City licenses and permits. In addition, there are sources of help for specific issues.

 

Comprehensive Resources

The NYC Department of Consumer Affairs identifies many of the licenses and permits needed by common types of businesses and the requirements for each. The City's Department of Small Business Services also links to many government resources for licensing and permits. Click on "Start a Business in NYC."

The Department of Business Services Business Action Center can help guide you through the regulatory maze and will answer other questions about setting up your business. Visit the NYC Business Solutions Center for more information or call NY*MAGIC (212-696-2442) during business hours to speak to a counselor or make an appointment.

Together, the Department of Consumer Affairs and the Department of Health are responsible for issuing many of the licenses and permits required to operate most types of businesses, from newsstands, antique dealers, and locksmiths to food establishments and daycare centers. These permits and licenses can be obtained from the New York City Licensing Center at 42 Broadway, 5th floor, in Manhattan. Applications for most license categories are available for downloading on the Department of Consumer Affairs Web site. The NYC Licensing Center also processes Department of Transportation permits and provides general information and materials about other agencies. Call 212-487-4436 for information on many common licensing and permitting problems.

The Department of Consumer Affairs also provides a listing of other business guides on their Web page. The Green Book: The Official Directory of the City of New York, published by the City, is also a valuable resource for locating the appropriate agencies to contact for licenses.

Finally, various economic development agencies in the boroughs and many industry associations provide assistance in negotiating the regulatory maze. Use the Services Directory to find organizations near you that can help.

 

Finding Help for Specific Issues

  • Registering your business. Sole proprietors and partnerships doing business other than under their own names must register with the county clerk. Corporations must register with the Department of State. All business except a sole proprietorship with no employees must obtain an Employer Identification number. For details and procedures, see Structuring a Business.

  • Meeting environmental standards. Permits are required for any device that discharges into the air or sewers or draws from the local water supply (e.g., boilers, refrigeration equipment, exhaust systems, etc.). The City's Department of Environmental Protection provides information for businesses, including a guide called Smart Business, a listing of environmental regulations and permitting requirements for businesses in New York City. These apply to businesses such as printers, autobody shops, dry cleaners, electroplaters, metal fabricators, jewelry manufacturers, and woodworkers. You may also call the DEP Environmental Economic Assistance Unit at 718-595-4359 for guidance on meeting with city, state, and federal regulations related to environmental issues.

  • Altering your business premises. The Department of Buildings is responsible for licensing and inspecting the construction and significant alteration of all buildings. A two-step procedure requires approval of plans and a final inspection before a Certificate of Occupancy can be issued. Contact the DOB office in your borough.

    Note:  The DOB also certifies plumbers and electricians and issues Public Assembly permits, which are required if your business holds more than 75 people.

  • Complying with the Zoning Resolution. The City's Zoning Resolution regulates where businesses can be located. (For example, a manufacturing business cannot operate in a commercial zone; a daycare center cannot operate in a manufacturing zone.) For zoning information, contact the NYC Department of City Planning at 212-720-3300.


   
NEW YORK STATE REGULATIONS  

Learning about state regulations has become a lot easier recently. Computerized and personalized assistance are both available. Check out the New York State Web site for information about different agencies and departments. Click on "e-biz NYS."

 

Resources

The Governor's Office of Regulatory Reform runs the New York State Permit Assistance Database.  Enter some keywords about your business to find information and a listing of all the permits and licenses required by the state. To speak to someone about a permit or license issue, call 1-800-342-3464.

An increasing number of New York State agencies make their rules and regulations available online. Others document their statutory authority. Visit the Governor's Office of Regulatroy Reform' s Guide to New York State Agency Rules and Regulations, a collection of links to these websites.

The New York State Department of Labor provides a list of occupations that are licensed and certified by the state on their Business in New York Web site. Additional information on state regulations can be found by clicking on the Business Guide link on the New York State e-bizNYS page. Click on Business Licenses and Permits, Professional Licensing, and Rules and Regulations.

The Small Business Ombudsman at Empire State Development provides general information on state and federal regulations and helps with other business issues as well. They can make any necessary referrals. Call 1-800-STATE-NY or 1-800-782-8369.

The NYS Environmental Facilities Corporation's Small Business Assistance Program at 1-800-780-7227 interprets environmental regulations, provides permitting assistance, offers advice on pollution prevention and control strategies, and conducts on-site environmental audits for businesses with 100 or fewer employees. Free counseling can also be obtained through the Empire State Development's Small Business Environmental Ombudsman (SBEO) program.

State tax information, including forms and instructions, is available from the Department of Taxation and Finance's Business Taxpayer Page. Or, call 1-800-CALL-TAX.


   
FEDERAL REGULATIONS  

All businesses must comply with federal tax regulations (see the Structuring a Business and Tax Planning chapters) and with regulations governing employment (see Employer Guidelines). Other than the above, the most important federal regulations impacting small businesses are those involving environmental and health and safety issues. Remember, federal environmental rules are not necessarily same the state's, so you need to check both.

 

Resources

You can learn about many applicable federal regulations though state and some City agencies. In addition to the Small Business Ombudsman and the City's Environmental Economic Development Assistance Unit, the New York State Environmental Facilities Corporation at 1-800-780-7227 or the Environmental Ombudsman Unit of Empire State Development Corporation at 1-800-782-8369 can be of assistance.

You might also contact federal agencies directly. The Environmental Protection Agency has an Internet site focusing on the needs of small businesses. The EPA Small Business Ombudsman Hotline is 1-800-368-5888. The Regional Office is at 212-637-3000.

If you have employees (other than yourself), you are subject to the federal Occupational Health and Safety Act, which requires you to provide a safe and healthy workplace. OSHA is particularly relevant for manufacturers and businesses using dangerous equipment or hazardous materials. On OSHA's Small Business Web site, various publications such as the Handbook for Small Businesses (OSHA Publication 2209) can be downloaded free of charge. Or, call 212-337-2378.

For more help with federal regulations, check the U.S. Small Business Administration's U.S. Business Advisor Web site.

Note:  The 1996 Small Business Regulatory Enforcement Fairness Act (SBREFA) provides new avenues for small business to participate in and have greater influence over the development of regulations, additional compliance assistance (through the Small Business Development Centers ["SBDCs"]) and new enforcement tools. To find an SBDC near you, try the SBDC National Information Clearinghouse. For more information about SBREFA, visit the SBA Regulatory Enforcement Ombudsman Web site.


   
ADDITIONAL LIBRARY RESOURCES  

The resources listed below are available at the Science, Industry, and Business Library (SIBL) in the Reference Collection on the library's lower level. Check in the NYPL catalog (CATNYP) to find the call numbers and locations of suggested print resources. Your local library also may have some of these sources.

 

Print Resources

New York City Business License and Permit Reference Guide

Your Business : a Guide to Owning and Operating a Small Business in New York State

Official Compilation of the Rules of the City of New York

New York City Charter and Administrative Code

The Green Book: Official Directory of the City of New York

Official Compilation of Codes, Rules, and Regulations of the State of New York (NYCRR)

Code of Federal Regulations

 

Electronic Resources

Regulations and laws are also often available electronically. You can access databases containing government information and related Web sites in SIBL's Electronic Information Center.

 

Other Sources

Selected Internet Sites:

NYC Dept of Consumer Affairs - License Application Forms

NYC Dept of Business Services - Guide to Obtaining & Filing a Business Certificate

NYC Dept of Environmental Protection - Smart Business Guide to DEP Regulations

NY State Dept of Labor - Occupations Licensed or Certified by New York State

NY State - Permit Assistance Team

U.S. Code of Federal Regulations (CFR)

FindLaw's Small Business Center