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  • 1635 FARADAY AVENUE
  • CARLSBAD, CA 92008
  • (760) 602-2495
  • FAX (760) 602-8553
  • Business.License@carlsbadca.gov

BUSINESS LICENSE APPLICATION FORM

BUSINESS INFORMATION

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ADDITIONAL HOME BASED BUSINESS LICENSE INFORMATION

The following information MUST be provided if home based business

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HOME BASED BUSINESS REQUIREMENTS (Excerpt from Carlsbad Municipal Code-Title 21)

Home occupations are allowed which are not disruptive to the residential character of the neighborhood and which are subject to the following conditions:
  1. Home occupations shall be conducted as a secondary use by a resident or residents of the premises.
  2. No employees shall be employed on the premises.
  3. All home occupation activities shall be conducted entirely within the residential structure, except for permitted agricultural or horticultural uses.
  4. There shall be no external alteration of appearance of the residential structure which would reflect the existence of the home occupation.
  5. No storage of materials, goods, equipment, or stock in trade shall be permitted where visible from the exterior of the property. No deliveries or pickups by heavy-duty commercial vehicles shall be permitted.
  6. Sale of goods or services shall not be conducted on the property, except for agricultural goods grown on the premises. This provision shall not be construed to prohibit taking orders for sale where delivery of goods or performance of services does not occur on the property.
  7. The home occupation shall not cause any external effect which is inconsistent with the residential zone or disrupts the neighborhood, including but not limited to, noise from equipment, traffic, lighting, offensive odor, or electrical interference.
  8. No advertising, signs, or displays of any kind indicating the existence of the home occupation shall be permitted on the premises.
  9. The home occupation shall not cause the elimination of required off-street parking.
  10. The home occupation may not utilize an area greater than 20% of the combined total floor area of all on-site structures.
  11. A City Business License is required for the conduct of a home occupation.

TAX & LICENSING INFORMATION

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CONTACT INFORMATION

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Cannabis and CBD Products Addendum

Please be advised that commercial cannabis activity is not permitted in the City of Carlsbad pursuant to Carlsbad Municipal Code (“CMC”) section 8.90. “Commercial cannabis activity” is defined in CMC section 8.90.020 as:

any cultivation, possession, manufacture, distribution, processing, storing,laboratory testing, packaging, labeling, transportation, distribution, delivery, orsale of cannabis requiring a license from the State under Division 10 of theCalifornia Business and Professions Code, whether or not carried on for profit andincluding medical cannabis cooperatives and collectives, except as approved by theU.S. Drug Enforcement Administration or the U.S. Food and Drug Administration.

"Cannabis" does not include industrial hemp, as defined in California Health and Safety Code section 11018.5. Additionally, industrial hemp produced in the United States is legal pursuant to the 2018 Farm Bill. However, FDA regulations (21 C.F.R. 1308.35) prohibit industrial hemp-based cannabinol ("CBD") products intended for human or animal consumption. Carlsbad’s business licensing ordinance requires compliance with all state and federal laws (CMC section 5.04.160). Therefore, the City of Carlsbad only permits commercial activity involving industrial hemp products, such as CBD products derived from industrial hemp, under the condition that products are solely for topical use (i.e., balms, creams, oils).

If any facet of your business involves industrial hemp-based CBD products, including but not limited to the manufacture, sale, distribution, delivery, transportation, processing, storing, testing, packaging or labeling of CBD products, the city reserves the right to conduct independent laboratory testing to verify that such CBD products have a THC concentration of 0.3% or less pursuant to federal law. The business entity will be responsible for reimbursing the city for the costs of such testing, including shipping costs and the cost of the product to be tested.

DISABILITY ACCESS REQUIREMENTS AND RESOURCES
NOTICE TO APPLICANTS FOR BUSINESS LICENSES
AND COMMERCIAL BUILDING PERMITS:

Under federal and state law, compliance with disability access laws is a serious and significant responsibility that applies to all California building owners and tenants with buildings open to the public. You may obtain information about your legal obligations and how to comply with disability access laws at the following agencies:

CERTIFIED ACCESS SPECIALIST INSPECTION SERVICES

Compliance with state and federal construction-related accessibility standards ensures that public places are accessible and available to individuals with disabilities. Whether your business is moving into a newly constructed facility or you are planning an alteration to your current facility, by engaging the services of a Certified Access Specialist (CASp) early in this process you will benefit from the advantages of compliance and under the Construction-Related Accessibility Standards Compliance Act (CRASCA, Civil Code 55.51- 55.545), also benefit from legal protections.

DEPARTMENT OF DEPARTMENT OF DEPARTMENT OF
GENERALSERVICES, REHABILITATION GENERALSERVICES,
Division of the State Disability Access Services California Commission on
Architect, CASp Program www.dor.ca.gov Disability Access
www.dgs.ca.gov/dsa www.ccda.ca.gov
www.rehab.cahwnet.gov/disabilityaccessinfo
www.dgs.ca.gov/casp www.ccda.ca.gov/resources-menu

Although your new facility may have already been permitted and approved by the building department, it is important to obtain CASp inspection services after your move-in because unintended access barriers and violations can be created, for example, placing your furniture and equipment in areas required to be maintained clear of obstructions. For planned alterations, a CASp can provide plan review of your improvement plans and an access compliance evaluation of the public accommodation areas of your facility that may not be part of the alteration.

A CASp is a professional who has been certified by the State of California to have specialized knowledge regarding the applicability of accessibility standards. CASp inspection reports prepared according to CRASCA entitle business and facility owners to specific legal benefits, in the event that a construction-related accessibility claim is filed against them.

To find a CASp, visit www.apps2.dgs.ca.gov/DSA/casp/casp_certified_list.aspx.

GOVERNMENT TAX CREDITS, TAX DEDUCTIONS AND FINANCING

State and federal programs to assist businesses with access compliance and access expenditures are available:

Disabled Access Credit for Eligible Small Businesses

FEDERAL TAX CREDIT: Internal Revenue Code Section 44 provides a federal tax credit for small businesses that incur expenditures for the purpose of providing access to persons with disabilities. For more information, refer to Internal Revenue Service (IRS) Form 8826: Disabled Access Credit at www.irs.gov.

STATE TAX CREDIT: Revenue and Taxation Code Sections 17053.42 and 23642 provide a state tax credit similar to the federal Disabled Access Credit, with exceptions. For more information, refer to Franchise Tax Board (FTB) Form 3548: Disabled Access Credit for Eligible Small Businesses at www.ftb.ca.gov.

Architectural and Transportation Barrier Removal Deduction

FEDERAL TAX DEDUCTION: Internal Revenue Code Section 190 allows businesses of all sizes to claim an annual deduction for qualified expenses incurred to remove physical, structural and transportation barriers for persons with disabilities. For more information, refer to IRS Publication 535: Business Expenses at www.irs.gov.

California Capital Access Financing Program

STATE FINANCE OPTION: The California Capital Access Program (CalCAP) Americans with Disabilities Act (CalCAP/ADA) financing program assists small businesses with financing the costs to alter or retrofit existing small business facilities to comply with the requirements of the federal ADA. Learn more at www.treasurer.ca.gov/cpcfa/calcap/.

FEDERAL AND STATE LEGAL REQUIREMENTS ON ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES

AMERICANS WITH DISABILITIES ACT OF 1990 (ADA): The ADA is a federal civil rights law that prohibits discrimination against individuals with disabilities, and requires all public accommodations and commercial facilities to be accessible to individuals with disabilities. Learn more at www.ada.gov.

CALIFORNIA BUILDING CODE (CBC): The CBC contains the construction-related accessibility provisions that are the standards for compliant construction. A facility's compliance is based on the version of the CBC in place at the time of construction or alteration. Learn more at www.bsc.ca.gov.




DECLARATION

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Please print your Business Application prior to submitting it.



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