Your medical physician’s offices are generally owned by the doctors themselves or a corporation owned by the doctors. In fact, “any person who practices or attempts to practice [medicine]” must be “authorized to perform the act pursuant to a certificate obtained in accordance with some other provision of law… .” California Business and Professions Code § 2052(a). This code criminalizes practicing medicine without a license. Additionally, a Los Angeles Appeals court recently expanded the definition of “practicing medicine” to include owning a corporation that operates a medical marijuana clinic, where licensed physicians treat patients and issue medical marijuana recommendations. People v. Superior Court (Cardillo). Medical marijuana clinics get into trouble when the owner of the clinic is not certified to practice medicine. According to § 2052(a), without the proper business legal guidance, the owner will be found guilty of a public offense, can be fined up to $10,000.00, and imprisoned for up to one year.
The Seller of Medical Marijuana Can’t Profit From the Sale
People typically become entrepreneurs with the plan to earn a profit. However, if the business you want to open is a medical marijuana dispensary, don’t expect to benefit financially from the retail sales of marijuana. An appellate judge in San Luis Obispo County announced on October 16, 2013, that retail sales of marijuana are banned, and any entity selling marijuana must be a nonprofit entity. The judge also explained in no unclear terms that no individual may benefit financially from “cultivating or distributing marijuana.” People v. Sandercock. What this means in terms of a medical marijuana seller’s bottom line is that any money received can be no more than the seller’s portion of the actual cost of cultivating and distributing the marijuana.
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I want to run a business from my home in Anaheim, how do I start?
Here at Gale and Vallance, we were contacted by a client who wanted to run a home-operated business in the city of Anaheim. Fred is an electrical contractor. He has been working in this profession for three years, but when the economy took a downturn, he decided to cut costs by terminating his commercial lease and running his business from his home. He needed an orange county business attorney to provide him information on how to legally operate a business out of his Anaheim residence.
There are two required forms that an Anaheim business owner must file to run his business from a home. The first is a City Business License. The second is a Home Occupational Permit. Both applications must be submitted at the same time.
City Business License
[WHAT]
The City Business License is a license to conduct business in Anaheim.
[WHY]
You will need to apply for and obtain a City Business License because “city law states that no person shall engage in business or transact and carry on a business, trade, profession, calling or occupation in the City without having procured a license from the City to do so or without complying with any and all applicable provision of Title 3 of the City ordinance relating to a business license.” (Anaheim City Website).
[WHERE]
A blank City Business License can be downloaded from the city of Anaheim’s website as a PDF.
[HOW]
Have the following information available when filling out the license application:
specific business description
business operation starting date at this location
names of the owners or officers of the business and their addresses
type of business entity (e.g., partnership or corporation)
Additionally, the following identification numbers will be required:
State Board of Equalization Sales Tax Account Number
Driver’s License Number
Federal Employer I.D. Number
State Employer I.D. Number
Social Security Number (if no Federal or State I.D. number is provided)
State Contractor’s License Number (if applicable)
State Contractor’s Classification (if applicable)
[COST]
The processing cost of a City Business License application in 2013 is $27.00. Now some bad news, additional fees will be charged when you submit the Home Occupational Permit form.
Home Occupational Permit
[WHAT]
The Home Occupational Permit is for home-run businesses which are “incidental to and subordinate to the principal residential use and located on the same lot with such residential use.” Anaheim Municipal Code Section 18.92.110.
[WHY]
In other words, you will need a Home Occupational Permit if you run your business within a home.
The permit requires the following information: name, residence, and business description. Permit approval is subject to compliance with code 18.38.130. The following are some common reasons permits are rejected:
Sales of products or services are prohibited unless the sale is by mail, delivery service, the internet, or telephone.
There may be no significant increase in pedestrian or vehicle traffic because of the operation of the business.
There may be no significant noise, odor, vibrations, fumes, or smoke as a result of operating the business.
Storage of business supplies must be enclosed and out of the public view.
The exterior structure of the building where the business is run must continue to be recognized as a residence.
[COST]
The processing cost of a Home Occupational Permit can be found at the following website and is subject to change.
Fred will need to completely fill out and submit the license and permit applications, and pay the City of Anaheim’s Business License Division the required fees for the processing of those applications. Once submitted and processed, Fred will receive an Anaheim City Business License and a Home Occupational Permit confirming that his home business is registered.
Today the opportunities for someone to steal your personal information are the highest in history, and as a result, protecting your identity is something everyone should spend time doing. The Federal Trade Commission’s toll-free Identity Theft helpline: 1-877-ID-THEFT (1-877-438-4338). [read more…]
Grandparents’ Visitation Rights
If you are a grandparent, the laws in the state where your grandchild lives are in control of your grandparent visitation rights. [read more…]
Estate Planning and Chronic Illness
For people with a chronic illness, it is so important to start the estate planning process sooner rather than later. A little preparation now can prevent a lot of stress later on. [read more…]
Did you know the Law Offices of Gale and Vallance also do estate planning? If you would like to talk to Andrew or Mathew about protecting your assets, give them a call at 714.634.1414.
Do-It-Yourself Done Right
Before you begin renovating or remodeling your home, check with your local hardware store and building departments to make sure you have the right tools to complete the job safely and legally. [read more…]
Highly recommended!
Andy Gale & the associates at Gale and Vallance were awesome in setting up the CA Professional Nursing Corp for ARF Admin Solutions. They were very responsive and knowledgeable from the start. Highly recommended!
George
01/01/2023
Business legal services
Gale & Vallance provided excellent business legal services. The firm was professional, prompt and prepared. The entire process of starting a new corporation was easy and affordable. They have my recommendation.
Raj
07/10/2022
Highly Recommend!!!
I met Andrew Gale through a mutual friend several years go. I was so impressed with their business practice that I made it a point to get to know the attorney to expand my own business. Several years later following their advice i am successful with my business endeavors and do not make any decisions unless i consult with them. Not only do they manage my corporations but also literally help 30 of my clients who use their services. Rare gems in the industry. Highly recommend Gale and Vallance.
X
Incorporation Attorney
1820 W Orangewood Ave Ste 104a, Orange, CA, United States
This firm is excellent, efficient, reliable, with great valuable expertise and very thorough. Their dedication to providing great work and service is apparent in their kind, supportive, consistent great communication. Including providing consistent updates on new laws and regulations. Working with them and having them on my team, I have the confidence and reassurance that all services provided will be of great assistance and help to the continued positive growth and success of my corporation business along with the maintenance of keeping in compliance with and within federal state laws and regulations.
Hannah K
27/01/2024
A trusted colleague/friend of mine actually referred me to Andy's firm and I'm really grateful!
He and his team were incredibly prompt, informative, helpful, and patient (with inevitable questions that came there way by a new business owner like myself). With all the specificities it takes to create a business, this team was awesome in communicating with me and assisting me with navigating not only the needs to get the ball rolling but also how to keep it rolling and with tips to help with bank accounts and accounting packages (if I were to want to take those routes).
They were also very neutral in providing all the options possible and when I requested advisement or pros/cons, they were able to share these promptly and in a way that helped me choose what was best for me.
I'm glad to have worked with them and will continue to work with them
Courtnie L.
07/11/2023
I am so grateful for Andy Gale and his firm's help in getting my S Corp established. He has great expertise and I feel more at ease knowing everything was set up properly with their assistance!
X
Incorporation Attorney
1820 W Orangewood Ave Ste 104a, Orange, CA, United States
Andy and his team were a pleasure to work with! As an LMFT opening a private practice, I was nervous and felt like I didn't know what I was doing. Andy did a great job at explaining everything step by step. I got off of our kick-off call feeling confident and ready to take the next step to opening a practice! I decided to go with a corporation for my private practice. Andy and his team are thorough and answered all my questions throughout the process. I was surprised how quickly everything was taken care of. They also sent me emails along the way, giving me updates. I will be using them for my yearly legal needs. 10/10 recommend!
Julie Eyssallenne
12/11/2023
Andy and his team of professionals are amazing to work with. Not only are they extremely knowledgeable and professional, but they are also very friendly and easy to work with. They will always be my go-to. I appreciate Andy and his team!
Z D
12/01/2024
I could not be more pleased, and frankly impressed with the expertise, attention to detail, follow-up and professionalism of the whole office staff. Andrew Gale Esq is extremely knowledgeable of his craft. His overall approach to corporation creation and management took any doubt or apprehension I had about the process.
Thank you so much for everything and I look forward to a long relationship with your legal practice.
Zouhair Kevin Daif, FNP, Nursing P. C.