Many entrepreneurs have decided to form their business in the Bluegrass State. If you're looking to join them, you'll need to complete some steps to officially start your business in Kentucky. One of the most important tasks ahead of you is applying for the licenses and permits your small business needs to legally operate in the state.
Here's an overview of the most common licenses, permits, and registrations a Kentucky small business needs to obtain.
When starting a business in Kentucky, you must:
The types of licenses and permits your business must apply for depends on your business structure, industry, and location. The main types of business licenses, permits, and registrations are:
The start my business section of the Kentucky Business OneStop website is a great resource to find information about the legal requirements for your small business in Kentucky. The section includes information about:
(For more general guidance, see our article on the legal requirements for starting a small business.)
Kentucky, like many other states, doesn't issue a statewide general business license. But your business will likely need to obtain a state or local license based on its location or industry.
Some cities require businesses to obtain a general business license if they plan to operate within city limits. For instance, the City of Lexington requires businesses to apply for and obtain a business permit (also known as an "occupational license") before opening.
On the other hand, the City of Louisville issues business licenses and permits based on business activities. For example, if you operate a restaurant in Louisville, then you'll need to get a food service permit. If you open a pawnshop, then you'll need to apply for a pawnbroker/secondhand dealer business license.
Depending on your business, you might need to get multiple licenses at the state, county, and city levels. You should contact your city and county to check the specific business licensing requirements in your area.
Some professions and occupations require individuals and businesses to obtain special licensing or certifications to practice. If you're a member of one of the professions or occupations with special requirements, you must obtain the necessary authorizations before you start your business.
The Kentucky Public Protection Cabinet (PPC) website houses a number of state agencies that issue and regulate various industries, including:
You can apply for and renew your professional or occupational license through the DOPL's eServices as well as through other individual agencies.
The PPC doesn't oversee licensing for every profession and occupation. You should check with the authority in charge of your profession or occupation for more information about licensing. You'll likely be able to apply for, renew, and manage your license online.
For help figuring out which regulatory licenses and permits could apply to your particular business, check the occupational licenses/permits section of the Kentucky OneStop Business Portal.
If your Kentucky business sells tangible personal property, digital property, or taxable services, then you'll need to collect and pay sales tax in Kentucky. Remote sellers that annually either gross more than $100,000 or make more than 200 sales must also collect and pay sales tax.
You can register your business with the DOR using the Kentucky Tax Registration Application. You can also file your application online by creating an account through the Kentucky Online Gateway (KOG).
By registering through the KOG, you can also register for other taxes like:
You can find more details on the DOR's sales and use tax webpage.
In some cases, like if you'll be building or renovating a space, you'll need to get special zoning and building permits. Some cities require businesses to have zoning approval and a certificate of occupancy (CO) or a similar document before your business license is approved or you can use your commercial space. You'll probably need to submit a fee along with your CO application.
For example, the City of Lexington requires all businesses to have a CO. You'll either need to apply for a new CO or submit your current CO along with your occupational license application. In Lexington, your CO must obtain a CO before applying for its business license.
Zoning laws. If your type of business isn't in line with the zoning code, you can find another space or potentially apply for a special use permit. A special permit can provide your business with an exception to the current use laws.
Building code. You can work with local departments and agencies to apply for building and construction permits. You'll likely need to have inspections related to your space's structural, electrical, mechanical, and plumbing features.
If you're leasing a commercial space, make sure you have a paragraph or section in the commercial lease that ensures the building and your use of the space are in line with the zoning laws.
If you plan to do business under a name that's different than your legal name, you must file a certificate of assumed name. Sole proprietors must file the certificate with the county clerk where they conduct their business. General partnerships, limited partnerships, limited liability companies (LLCs), corporations, and other business entities must file with the SOS. (Ky. Rev. Stat. § 365.015 (2023).)
A real "legal name" means something different when applied to each business structure:
(Ky. Rev. Stat. § 365.015 (2023).)
You can file for your assumed name (also known as a "DBA") with the SOS using the certificate of assumed name form. If you're filing with your county, you should contact your county clerk or visit your county's website to find the form you need to file your assumed name certificate.
Your certificate of assumed name will be good for five years and can be renewed. As of 2023, the fee to file a certificate of assumed name with the SOS is $20. The fee to file a certificate of assumed name with the county clerk is $33.
Apart from the licenses and permits discussed above, you could need to comply with other federal, state, and local laws and regulations. For instance, your business might need to obtain special licensing or follow special rules related to:
If your industry is highly regulated, you should expect to apply for multiple licenses, permits, and registrations. It's a good idea to contact your federal, state, and local governments to see which regulatory requirements apply to your business.
In Kentucky, you have many public resources available to your small business:
You can also find more information on how to start and operate your business in our website's small business section. If you're looking for further education, you can also find expanded information in many Nolo books, such as Legal Guide for Starting & Running a Small Business, by Fred S. Steingold, and The Small Business Start-Up Kit, by Peri Pakroo.
If you need answers to legal questions that are specific to your small business, consider speaking with a Kentucky business lawyer. They can help you obtain the licenses, permits, and registrations you need at every government level.