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Archive 2017 · Business license for every city you shoot in?

oguruma
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p.1 #1 · p.1 #1 · Business license for every city you shoot in?

I am getting conflicting information from local officials.... I understand that nobody on this forum is a lawyer, I just want some input from the working pros.

I do a few on-location shoots: schools, high school seniors, sports teams, etc.

I am registered as a business (well, my LLC is) in my home town (my house).

Somebody brought up the point that I had to be registered as a business in every town (I live in Oregon) that I shoot it, since that is considered "conducting business".

I called my local city hall, and they said "No, you just need to register your home, and you can shoot, anywhere).

I called the town over, and they said "Yes, if you shoot here, you need a license here ($80/year).

Can anybody here share their take and experiences on this? Since there are 5 towns very close together that I do shoots in, this could get ridiculously expensive, fast.

Dec 01, 2017 at 12:39 PM

Zave Smith
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p.1 #2 · p.1 #2 · Business license for every city you shoot in?

I have shot all over the USA for the last 30 years. I have one license, one registration at the address that my business resides in which is currently my home.

www.zavesmith.com

Dec 14, 2017 at 03:43 PM

Jon Joshua
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p.1 #3 · p.1 #3 · Business license for every city you shoot in?

If it pleases the crown, I wish to earn a living.

Seriously?

Dec 17, 2017 at 01:58 PM

voidsherpa
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p.1 #4 · p.1 #4 · Business license for every city you shoot in?

oguruma wrote:
Somebody brought up the point that I had to be registered as a business in every town (I live in Oregon) that I shoot it, since that is considered "conducting business".

Somebody has no idea what they were talking about.

Dec 17, 2017 at 02:45 PM

Peter Figen
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p.1 #5 · p.1 #5 · Business license for every city you shoot in?

Many times I've had to get filming permits in different places, but never ever a business license other than the one I have here in Los Angeles. And since you're dealing with the various cities (although not always) they would likely tell you if you needed anything additional when you're applying for your permit.

Dec 17, 2017 at 04:56 PM

tcphoto
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p.1 #6 · p.1 #6 · Business license for every city you shoot in?

I'm not an Attorney but the person from the town over sounds like they're trying to generate revenue.

As long as you're following your local laws, the only additional thing needed is insurance and a permit if you're shooting on a location.

Dec 19, 2017 at 10:55 AM

oguruma
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p.1 #7 · p.1 #7 · Business license for every city you shoot in?

tcphoto wrote:
I'm not an Attorney but the person from the town over sounds like they're trying to generate revenue.

As long as you're following your local laws, the only additional thing needed is insurance and a permit if you're shooting on a location.

After reading the city ordinance it sounds like they may be right IF you are selling prints there. If I am shooting in the next town over, but I sell prints from my house, I wouldn't need a permit for that town. If I am doing print-on-site, it sounds like I am technically supposed to have a permit because I am conducting business there.

Dec 19, 2017 at 03:13 PM

elkhornsun
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p.1 #8 · p.1 #8 · Business license for every city you shoot in?

There are locations that require a license for a commercial photo/video shoot and that is completely different from having a business license to transact business in that locale. If you have a LLC then that is all you need for business purposes.

Shooting in NYC or LA is quite different from shooting in most cities in the USA and so for such areas I would check for specific requirements and restriction.

Dec 29, 2017 at 02:43 PM

rw11
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p.1 #9 · p.1 #9 · Business license for every city you shoot in?

Send an Email to each town (and each County!) asking whether you need a business license. Describe what you do in the city limits or UGB, and note what you do where the biz resides i the Email.

Save copies of the Emails. You will use them in case they go after you...

Many Oregon cities have a city attorney so you could Email them.

Do not do any phone calls. you want everything in writing. If they don't get back to you, you will use that fact if they ever go after you.

The oregon bar also has some kind of referral program that only costs $35 or something for a limited answer - usually, meant for divorces etc., but give it a shot.

Dec 29, 2017 at 02:48 PM

Gregory Edge
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p.1 #10 · p.1 #10 · Business license for every city you shoot in?

Why would you need a business license for every town. This is ridiculous. No different than a home remodeler. He does not need a license in every town. His business is registered to his office address.

He must follow the zoning laws of that town and obtain the appropriate permits. As a photographer you may need a permit or special permission to photograph in certain places. This is separate from a business license.

Dec 31, 2017 at 12:36 AM

Peter Figen
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p.1 #11 · p.1 #11 · Business license for every city you shoot in?

"There are locations that require a license for a commercial photo/video shoot"

I think you mean PERMIT, not license.

Dec 31, 2017 at 01:28 AM

chez
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p.1 #12 · p.1 #12 · Business license for every city you shoot in?

I would think you best consult a lawyer. I believe it depends on what type of work you do in the different states. If you only shoot, most likely you might just need a permit...but if you produce and sell something like prints at an event, you might need a license in that state.

Rather than rely on photographers for legal advice, I'd consult a lawyer.

Dec 31, 2017 at 08:54 AM

oguruma
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p.1 #13 · p.1 #13 · Business license for every city you shoot in?

chez wrote:
I would think you best consult a lawyer. I believe it depends on what type of work you do in the different states. If you only shoot, most likely you might just need a permit...but if you produce and sell something like prints at an event, you might need a license in that state.

Rather than rely on photographers for legal advice, I'd consult a lawyer.

It's not different states..... It's a different town 2 miles away from the town I live in.... The problem with this scenario is that it uses the verbiage "anybody who....does business in" to define who needs a permit. Okay, well it doesn't define what "doing business" is. Is meeting a client for coffee "doing business"? Is shooting a wedding "doing business" Is handing somebody a business card "doing business"?

Either way, I think this boils down to "better to ask for forgiveness than permission" type of scenario....

Dec 31, 2017 at 11:13 AM

chez
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p.1 #14 · p.1 #14 · Business license for every city you shoot in?

oguruma wrote:
It's not different states..... It's a different town 2 miles away from the town I live in.... The problem with this scenario is that it uses the verbiage "anybody who....does business in" to define who needs a permit. Okay, well it doesn't define what "doing business" is. Is meeting a client for coffee "doing business"? Is shooting a wedding "doing business" Is handing somebody a business card "doing business"?

Either way, I think this boils down to "better to ask for forgiveness than permission" type of scenario....

Exact questions you should be asking a lawyer and not a photography forum.

As far as begging for forgiveness...depends on what the consequences are...fine? Loss of business license?

Dec 31, 2017 at 02:29 PM

oguruma
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p.1 #15 · p.1 #15 · Business license for every city you shoot in?

chez wrote:
Exact questions you should be asking a lawyer and not a photography forum.

As far as begging for forgiveness...depends on what the consequences are...fine? Loss of business license?

I understand the difference between a doctor of jurisprudence and a stranger on a photography forum, thanks. Did you see the part in the OP that illustrated my understanding of the difference?

I was merely seeking input if anybody else had encountered this issue.

Dec 31, 2017 at 04:20 PM

colinm
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p.1 #16 · p.1 #16 · Business license for every city you shoot in?

oguruma wrote:
The problem with this scenario is that it uses the verbiage "anybody who....does business in" to define who needs a permit. Okay, well it doesn't define what "doing business" is. Is meeting a client for coffee "doing business"? Is shooting a wedding "doing business" Is handing somebody a business card "doing business"?

"Doing business" is guaranteed to be defined in the statutes if you want to go to the trouble of looking them up, and that is the only way to answer your question.

In general, it's defined such that you likely only need one business license for your home office, but "cash grab" cities do exist (though odds are nobody follows the rules and most cities rarely enforce them because they know they're odious). When in doubt, if you find yourself doing repeat business in cash grab cities, get the license; it will be much cheaper than whatever fines they have the potential to levy.

e.g. If you're in Springfield, and you book the job from Springfield, and the client mails the check to Springfield, it is generally irrelevant that you're shooting the job in Shelbyville. Unless Shelbyville really wants that sweet, sweet tax money.

This is true for the majority of commercial and many retail shooters; if you're doing retail portraiture, offering things like in-home viewing and selection sessions may push you over the edge of nexus.

Dec 31, 2017 at 04:33 PM


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