# On-location photographers - do you need a business permit for each town you work in?



## GerryDavid (Dec 12, 2011)

I have a studio in one town, but I am just outside of town limits so I dont need a business license through the town.

I was going to do a fundraiser for the next town over, but when the town heard about this they wanted me to buy a $500 business license.  The portraits were going to be taken at a location in that town to make it easier for the locals, with the picture viewing and sales done on the spot and then the prints would be delivered at a later date.  The location was going to be at someone's business in a spare room in the back, so private property.

I just wanted to see what you all thought of this.  I could be wrong, but I dont think we need a business  license for every town we visit, this would get very expensive especially for popular wedding photographers.  But in the case of a wedding photographer, the contract and money would probably be handled at the photographers office/studio instead of in each town.

Feedback?


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## GerryDavid (Dec 12, 2011)

Oh and if it matters, this was in a town in Virginia.


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## MLeeK (Dec 12, 2011)

I have never heard of such a thing. Do they make every wedding photographer who shoots a wedding in town purchase the town's business license? It just doesn't make sense to me and goes against what I learned in the SBDC classes I've taken, but I'd guess that a municipality can do whatever it chooses as long as it is not less strict than the county, state and US...

ETA:That would imply to me that a car dealer can't make a delivery in that town without their license; a nurse who does home visits has to have a business license in that town; every contractor who works in the town would have to have a business license there... It just doesn't make sense. 

For example if Lowe's were delivering appliances there, they'd have to have a license... Or if they were installing carpeting=License.


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## 2WheelPhoto (Dec 12, 2011)

Most (or many to be fair) bestbuy and FB photographers don't have a license in their own town


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## GerryDavid (Dec 12, 2011)

This fundraiser was going to be a team effort with the local farmers market *owned or partly owned by the town*, and the location I was going to use belonged to the manager of the farmers market and is tied in with the local hospital.  She put a sign up at town hall to advertise this fundraiser to raise money for the hungry in that town through the farmers market *40% of the main package was going to the fundraiser* and ever since then the one guy in town hall was giving her issues about all this, saying I had to get a business license.  He didnt even ask anything about me, im guessing he just assumed I was one of those 'photographers' that picked up a dslr and decided to be a photographer.  We also think another photographer in the town complained.  But thats just a guess based on what was said between them.  He also asked her if she really thought I was going to give the raised money to them.

I guess the market covers different types of art, so if a random person wanted to sell their 'art' they would use the markets license or something like that.  But the guy in town hall said that photography is not an art form and wouldnt be covered by the market.


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## GerryDavid (Dec 12, 2011)

bestbuy photographer?  thats a new term for me.  does it mean those that go there, buy a cheap dslr and start to advertise for portraits?  Or simply those that do entire portraits for $20 and hand over a cd?


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## 2WheelPhoto (Dec 12, 2011)

GerryDavid said:


> bestbuy photographer?  thats a new term for me.  does it mean those that go there, buy a cheap dslr and start to advertise for portraits?  Or simply those that do entire portraits for $20 and hand over a cd?



either or...oops and/or


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## MLeeK (Dec 12, 2011)

Sounds to me that they assumed you didn't have any type of business licensing.


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## mwcfarms (Dec 12, 2011)

I know in my area since my local address as license was for the small town I'm from but the majority of business I do is in another town 20 min away. They told me I needed a vendors permit kind of like that the travelling sales men get. I never did get one because the majority of my business is on weekends evenings. This year I'm getting a business license for both towns.


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## orljustin (Dec 13, 2011)

MLeeK said:


> Sounds to me that they assumed you didn't have any type of business licensing.



It isn't their business.

No, photographers do work all over the country.  You don't need a business license just because you are somewhere taking and selling pictures.


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## Big Mike (Dec 13, 2011)

What did your lawyer say about it?  :er:


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## ghache (Dec 13, 2011)

orljustin said:


> MLeeK said:
> 
> 
> > Sounds to me that they assumed you didn't have any type of business licensing.
> ...



+1


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## skieur (Dec 13, 2011)

The way it is written in many municipalities is that if you are conducting a commercial business of a repetitive nature within the municipality/town/city then you need to pay a fee and get a business license. "A repetitive nature" suggests that you have multiple customers within the municipality that you do business with and that your business location is within the town/city or very closeby.  There is also such a thing as a Temporary Business License in many areas.

skieur


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## 2WheelPhoto (Dec 13, 2011)

Big Mike said:


> What did your lawyer say about it?  :er:



Why everyone on the internetz is a legal expert. If you don't believe it, just ask them


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## spacefuzz (Dec 13, 2011)

in CA I have to get a licence in every town where I want to sell prints at an art fair. Annoying.


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## MLeeK (Dec 13, 2011)

orljustin said:


> MLeeK said:
> 
> 
> > Sounds to me that they assumed you didn't have any type of business licensing.
> ...



That's an odd statement... Yes it does matter if you have business licensing and if you are ADVERTISING business then any government agency may just stick their nose in there and be sure you have proper licensing. 
I have been asked to produce  my insurance, tax authority and business license in MANY different places. Why is it their business? Legitimacy???


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## GerryDavid (Dec 13, 2011)

since im out of town I dont have a business license, I wonder if that could be a problem if Im shooting an event at some town.

Do you carry your insurance, tax certificate and business license with you?


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## MLeeK (Dec 13, 2011)

No, I don't carry it with me but I do know my Tax ID # should I ever need it. I do have a copy of my declaration page of my insurance in my gear box, but usually when I am asked to produce it it is because a certain venue asks to have a specific proof of insurance listing that venue.


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## KmH (Dec 13, 2011)

Every town, and county, makes their own rules.

Check wih the appropriate local authorities, often known as the City Clerk.


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## skieur (Dec 13, 2011)

2WheelPhoto said:


> Big Mike said:
> 
> 
> > What did your lawyer say about it? :er:
> ...



It is not necessary to be a legal expert in order to read and understand legal terminology.  Some of us deal with it all the time.

skieur


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## sm4him (Dec 13, 2011)

GerryDavid said:


> This fundraiser was going to be a team effort with the local farmers market *owned or partly owned by the town*, and the location I was going to use belonged to the manager of the farmers market and is tied in with the local hospital.  She put a sign up at town hall to advertise this fundraiser to raise money for the hungry in that town through the farmers market *40% of the main package was going to the fundraiser* and ever since then the one guy in town hall was giving her issues about all this, saying I had to get a business license.  He didnt even ask anything about me, im guessing he just assumed I was one of those 'photographers' that picked up a dslr and decided to be a photographer.  We also think another photographer in the town complained.  But thats just a guess based on what was said between them.  He also asked her if she really thought I was going to give the raised money to them.
> 
> I guess the market covers different types of art, so if a random person wanted to sell their 'art' they would use the markets license or something like that.  But the guy in town hall said that photography is not an art form and wouldnt be covered by the market.


Never mind whether they can "require" you to have *their* license; it sounds to me like you have stepped smack into the middle of some nasty, stinky political hoo-ha, without boots on.  I'd step right back out of that quagmire and go find something else to do with my time.  Seriously, the town hall guy doesn't think photography is an art form, in what I'm sure is a "Highly Edumacated" opinion, and he questions whether you're "really" going to give your agreed upon percentage to the charity?  He's trouble, and he just sounds like trouble I'd decide I just didn't need.


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## imagemaker46 (Dec 13, 2011)

I've shot all over the world and have never been asked about a business licence. Doesn't make any sence to me that it would be required, although these events that I have covered I was there as media and was accredited to cover the events though Canada.


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## GerryDavid (Dec 13, 2011)

Well that fundraiser came and gone, with sadly no takers, which may not be a bad thing considering the town hall response.  It was a last minute idea and was hopeful that we could raise some money for them.  But here wasnt really enough time to advertise it.  It was advertised in the paper twice in one week *bi weekly paper* and repeatedly on facebook.  Perhaps the starting package was to much at $50, but I had to make sure it was enough to raise enough for the charity, cover my expenses and a bit for my time.  I was also hoping for additional sales.  

Luckily its a small town and most of my attention is focused in the bigger towns near by.    If we do get to do a fundraiser through the farmers market in the future I know to have the pictures taken at my studio 26 minutes from there in the town im currently setup in.


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## orljustin (Dec 13, 2011)

MLeeK said:


> I have been asked to produce  my insurance, tax authority and business license in MANY different places. Why is it their business? Legitimacy???



The OP is taking pictures at an event and selling them online later.  Like any wedding photographer.  I've never heard of a wedding photographer going to another town and having to get a business license there.  Just because a taxi takes you to a different county doesn't mean they need a permit there.


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## GerryDavid (Dec 13, 2011)

Actually I was trying to sell them on the spot right after they were taken, ideally.  then printed and delivered later.


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## mwcfarms (Dec 13, 2011)

It all depends on the town Bylaws. Like I said I have a business license from my small town. There are 250 people here. The next closest community has 8000 and when i asked them(City Hall/Town Office) about covering events in Drumheller they told me I needed a business license or a vendors permit for the day. Now whether or not they catch you is a different story. But in small communities all it takes is one person to complain and start trouble for you like what happened.


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## GerryDavid (Dec 13, 2011)

that towns business license was $500.  no mention of a day pass.


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## skieur (Dec 16, 2011)

I don't know why anyone should be surprised.  The role of municipal councillors or whatever you call them in different regions is to keep residential taxes low and yet have sufficient funds for infrastructure and maintaining and expanding programs for maintenance such as garbage, snow removal and for the needy in their communities.  As a result, they make up rules and fees to expand their revenue whether they are legal or not, since they usually have no legal background.

The decision is whether to ignore, pay, or fight and that is an individual decision.

skieur


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## photo guy (Dec 18, 2011)

reminds me of my townships in my area.  they tried to make up their own rules and were caught.  now they had to pay up big time.


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## Robert_Maxey (Dec 29, 2011)

orljustin said:


> MLeeK said:
> 
> 
> > Sounds to me that they assumed you didn't have any type of business licensing.
> ...



I suggest these questions are best answered by a qualified CPA.

We once handled all manufacturing plant and pond aerials for FMC Corporation. They said we needed to be licensed in our city, but we did not need a license in their state. They carried some liability insurance, but we could not do the work without it. We also required additional insurance and that required that we be licensed in Utah. Not sure if business insurance can be obtained unless you have a business license and these days, you better have insurance. 

Bob is not a tax accountant...always seek professional advice.


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## Robert_Maxey (Dec 29, 2011)

mwcfarms said:


> It all depends on the town Bylaws. Like I said I have a business license from my small town. There are 250 people here. The next closest community has 8000 and when i asked them(City Hall/Town Office) about covering events in Drumheller they told me I needed a business license or a vendors permit for the day. Now whether or not they catch you is a different story. But in small communities all it takes is one person to complain and start trouble for you like what happened.



Perhaps we are so accustomed to doing things like operating sans licenses, we are amazed and upset that the laws requiring things like licenses exist.


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