There is no generic “business license” with the State of Michigan.  Several “occupations” and “types” of businesses are required to be licensed by the state.  Michigan has several hundred licensed occupations and services ranging from doctor to manicurist to wildlife exhibitor to consulting.  These occupations and the “types” of businesses connected with these occupations often require specific regulations as well as legal, education, and examination requirements.  In several cases, there are also licensing fees that are required for a specific occupation or profession.

Depending on the specific type of business or manufacturing operation, some type of certification, license or permit may be required.  Access the Licensing, Certification & Permits information online.  Check with the city and county clerk to determine if any local licenses or registrations are required and to obtain the necessary forms.

ENVIRONMENTAL CONSIDERATIONS

Small businesses operate in an increasingly complex legal environment.  Concerns about consumer protection and environmental preservation have received increased attention in recent years.  As these concerns are brought forth to be interpreted into laws and regulations by the government, it is often translated into a maze of paperwork and restrictions for many business owners.  Take heart – government provides a wide-range of assistance to businesses.  One key to surviving the “regulatory jungle” is to be aware of the environment in which your business operates.  No one is expected to become a legal expert.  However, you should know which laws affect the business.

A business involved in activities that may affect the environment (incinerators, boilers, and other facilities which emit dust, organic compounds, or other contaminants; discharging processed water, sanitary sewage and cooling water; solid waste generated by the business) may need one or more permits issued by the Department of Environmental Quality at (800) 662-9278.  Of particular interest are businesses that are involved in:

• Air emission
• Solid waste disposal/processing
• Hauling of hazardous waste
• Major alterations to the landscape
• Building near waterways or wetlands.

Business owners should also check with county and local authorities about permits and licensing.  Even though the costs of adhering to regulations can be burdensome for a business owner, the cost of noncompliance including fines, penalties and even closures can be much greater.

ZONING AND BUILDING CODES AND ORDINANCES

It is important for start-up and expanding businesses to make sure that the occupied facility is in compliance with all the local laws and regulations.  Contact the city assessor, township or village clerk to assure compliance with all the local zoning codes.  Also, contact the local building inspector to assure compliance with regulations affecting construction (e.g., building, electrical, mechanical and plumbing codes; rules about construction, alterations, demolitions, occupancy and use of buildings).

A home-based business is subject to many of the same local laws and regulations.  There are some general areas to check out.  You may wish to consult an attorney.

Be aware of your city, county and village zoning regulations.  If the business operates in violation of the local government’s laws and regulations, you could be fined or closed down.

Certain products cannot be produced in the home.  Most states outlaw the home production of fireworks, drugs, poisons, explosives, sanitary or medical products and toys.  Strict rules apply to the processing of food/drinks and the manufacturing of clothing.

For information about the laws and regulations at the city, county or village level you should contact your local government agency.

BARRIER FREE DESIGN

A special part of the building code, Barrier Free Design, has been public policy in Michigan since 1966.  In 1992, the Americans with Disabilities Act mandated federal requirements concerning barrier free design.  These regulations are intended to ensure that public facilities and facilities used by the public are accessible to and usable by all citizens, including elderly persons, wheelchair users and individuals with permanent or temporary conditions that reduce coordination, mobility or make walking difficult or insecure.  While local units of government have the option of either enforcing the state construction code or adopting and enforcing another acceptable code, businesses must conform to the barrier free design requirements of the state code.  No exceptions to the state requirements can be made by a local unit of government or a state department, agency or person, except the Barrier Free Design Board.  The Board has established guidelines that describe the conditions under which it may grant exceptions.  A person requesting an exception must demonstrate reason, either technical or economic, to warrant the exception.  For additional information and a publication providing more detail about barrier free design requirements, contact the Department of Consumer and Industry Services, Bureau of Construction Codes, Barrier Free Design Division at (517) 241-9300.

TRADE AND SERVICE MARKS

A trademark is the “brand name” by which products are identified by a particular manufacturer or distributor.  A trademark is a word, phrase, symbol or device, or any combination other than a trade name adopted and used to identify products and to distinguish them from similar products made or sold by others.  A service mark is similar to a trademark and is used to identify and distinguish between services sold or advertised by a person from similar services of others.

Registration of a mark used in Michigan gives the owner of the mark certain limited legal protection.  Trademarks and service marks adopted and used in Michigan are registered with the Bureau of Commercial Services, Corporation Division, of the Department of Consumer and Industry Services at (517) 241-6400.  The registration fee is $50 and is in effect for ten years.  Trademarks and service marks may also be registered for use throughout the United States with the U.S. Patent and Trademark Office at (800) 786-9199.

COPYRIGHTS

A copyright enables its owner to exclude others from reproducing certain works, such as books, musical compositions, technical drawings and computer programs, for the author’s life plus 50 years.  A copyright may be obtained by filing an application with the U.S. Copyright Office, Library of Congress, 101 Independence Avenue SE, Washington, D.C. 20559-6000; telephone (202) 707-3000.