Prior to starting your business, you should review the following information to determine which sections apply to your business. Contact the appropriate agency before submitting your City of Milpitas by selecting the “Apply” tab below. Contact (408) 586-3100 with questions about the Business License process.
Milpitas employers and employees doing business in Milpitas are subject to the Minimum Wage Ordinance. Beginning July 1, 2021, employers who are subject to the City’s business license requirement or who maintain a business facility in the City, must pay to each employee who performs at least two (2) hours of work per week in Milpitas, minimum wages of not less than $15.65 per hour. For more information, please visit our minimum wage page.
If you plan to do any remodeling to the structure you plan to occupy, building permits may be required for this work. For further information contact the Public Services Counter at (408) 586-3240.
City Zoning and Land Use Regulations:
The City zoning ordinance includes regulations concerning where and under what conditions a business may operate in the City. In some cases a conditional use permit or zoning variance is required. To determine if the business activity you are planning can be carried on at the location you have selected, you should contact the Planning Division. It is absolutely necessary that you provide them with all the facts about the type of business activity you plan to operate now and in the future. For further information please contact the Planning Division at (408) 586-3279.
Federal and State Employer Requirements:
All businesses that have employees are required to obtain a federal employer identification number from the U.S. Internal Revenue Service. This is required for purposes of withholding and payment of employee taxes. For more information contact the IRS at (800) 829-1040.
As an employer you may also be required to file with the State of California Employment Development Department. This is for the purpose of withholding employee tax, as well as for meeting unemployment insurance requirements. For more information contact the Employment Development Department at (888) 745-3886.
Filing a Fictitious Name Statement:
A fictitious name or DBA (Doing Business As) is the name a business uses other than the owner’s name, or in the case of a corporation one that is different from that registered in the articles of incorporation. If you are using a fictitious name the Civil Code requires that you file a fictitious name statement. It is also important to do this to enable the consumer to know who he/she is doing business with, to entitle you to initiate suits for the protection of the name and because most banks require you have proof of filing to open a business account using the fictitious name. For more information contact the County Clerk at (408) 299-5688 and press number 5.
Health and Safety Requirements:
For requirements concerning any food or drink establishment, swimming pool, septic tanks, wells or animal facilities, Contact the County Health Department at (408) 729-5155.
Home Occupation Businesses:
Zoning regulations limit what type of business can be conducted from home and define the manner in which the business can operate. For more information contact the Planning Division at (408) 586-3279.
Effective January 1, 2020, per Senate Bill 234, California cities shall not impose Fire Permit nor Business License Fees to Small and Large Family Home Daycares.
State Licenses:
Many occupations, such as physician, attorney, real estate broker, construction contractor, etc., require a State license; and you may be required to show proof of this license before a City license is issued. If you are in doubt about State licensing requirements for your business you should contact the State Department of Consumer Affairs at (800) 344-9940.
State Sales and Use Tax Permits:
If your business involves the sale of tangible personal property either retail or wholesale, you are required to obtain a seller’s permit from the State Board of Equalization. As a seller, you must remit sales tax (collected from the consumer at the time of sale) to the Board. The Board will advise you of the time and manner in which taxes are to be reported and paid. Failure to register for a seller’s permit and pay taxes in the manner prescribed may result in a fine or other penalty. For more information call the State Board of Equalization at (408) 277-1231.
Weights and Measures:
Santa Clara County Ordinance Code Section A33-125 through A33-127 permits the Department of Weights and Measures to register commercially used weighing and measuring devices. Such devices are required to be tested and certified by the County Sealer. If you use or are planning to use such device(s) please contact: Santa Clara County Department of Weights and Measures (408) 299-4701.
Other Agencies:
Milpitas Chamber of Commerce:
Offers a New Commerce Packet, SCORE Counseling and various classes. (408) 262-2613
Small Business Association:
Provides special publications and classes and assistance in management and financing. (415) 744-6820
U.S. Customs Service:
Provides information on import requirements, custom duties and regulations. (408) 291-7388
U.S. Department of Commerce:
Provides information on export licenses and export regulations. (408) 998-7470
Effective July 1, 2022, Transaction Fees are as follows:
Credit and Debit Card Processing 2.9%, minimum of $2.00
ACH/eCheck Processing $1.25 per transaction
ACH/eCheck Return $10.00 per event
Chargebacks $25.00 per event
Application for Commercial businesses located in the City of Milpitas:
Forms can either be submitted online, printed to be mailed/ dropped off at City Hall via Night Drop-Box, or emailed to the Building Department. Please submit forms by email to Building Permit Center (Buildingpermitcenter@milpitas.gov) to receive Building’s approval. Upon Building’s approval, application will be forwarded to Planning Department for final approval. Once Planning’s approval signature is obtained, fees will be emailed and application with payment can be mailed to the City of Milpitas, Business License at 455 E Calaveras Boulevard, Milpitas, CA 95035 or can be paid online.
Application for Home-based businesses located in the City of Milpitas:
Forms can either be submitted online, printed to be mailed/ dropped off at City Hall via Night Drop-Box, or emailed to the Planning Department. Please submit forms by email to the Planning Department (PlanningDepartment@milpitas.gov) to receive Planning’s approvals. Once Planning’s approval signature is obtained, fees will be emailed and application with payment can be mailed to the City of Milpitas, Business License at 455 E Calaveras Boulevard, Milpitas, CA 95035 or can be paid online.
Effective January 1, 2020, per Assembly Bill 234, California cities may no longer charge Fire Permit nor Business License Fees to Large Family Home Daycares.
Application for State Licensed Contractors located outside of the City of Milpitas.
Forms can be printed to be mailed/ dropped off at City Hall via Night Drop-Box and for prompt service applications can be submitted online,
This application can submitted online or mailed to the City of Milpitas, Business License at 455 East Calaveras Boulevard, Milpitas, CA 95035. Include payment for fees which is $89.00 for six months or $104.00 for one year.
Renewal Notices for State Licensed Contractors are sent out 45 days before the license expiration date. Please contact the City if you have not received your renewal notice.
Application for businesses located outside of the City of Milpitas.
Forms can be printed to be mailed/ dropped off at City Hall via Night Drop-Box and for prompt service applications can be submitted online,
This application can be mailed to the City of Milpitas, Business License at 455 East Calaveras Boulevard, Milpitas, CA 95035 along with payment for fees. Please contact the Finance Department at (408) 586-3100 to determine the fees to be paid.
Business licenses can now be renewed online with the PIN provided on the Business License Renewal Notice received in the mail. The PIN is located on the bottom of the Renewal Notice form.
If your Renewal Notice does not have a PIN, please contact the City of Milpitas Finance Department at (408) 586-3100.
Renewal notices are mailed 45 days prior to the expiration of your business license.
To process your payment, please provide a valid email address and Visa, MasterCard or Discover credit card for payment.
If any of the information printed on the renewal is incorrect, you must renew by mail or in person.
If a change of ownership has occurred for businesses located inside the City of Milpitas, you must file a new application in person.
Process
Locate the Account # and PIN # on your renewal form and login below.
Verify your business information.
Provide information used to calculate your amount due.
Provide credit card payment information.
Print a copy of your receipt.
Please allow up to 10 business days, after completing the online renewal process, to receive your new business license if no additional information is needed.
Prior to starting your business, you should review the following information to determine which sections apply to your business. Contact the appropriate agency before submitting your City of Milpitas by selecting the “Apply” tab below. Contact (408) 586-3100 with questions about the Business License process.