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business legal guidance

Practicing Medicine Without a License

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.

View the California Business and Professions Code Section 2052.

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.

Want to read the full case? People v. Sandercock

 

To ask for business legal guidance on specific questions about your business, please contact us at info@galeandvallance.com, (714) 634-1414, or www.galeandvallance.com.

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I want to run a business from my home in Anaheim, how do I start?

Incorporation Attorneys in Orange California

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.

Founded 1857

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.

[WHERE]

A blank Home Occupational Permit form can be downloaded from the anaheim.net website as a PDF.

[HOW]

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:

  1. Sales of products or services are prohibited unless the sale is by mail, delivery service, the internet, or telephone.
  2. There may be no significant increase in pedestrian or vehicle traffic because of the operation of the business.
  3. There may be no significant noise, odor, vibrations, fumes, or smoke as a result of operating the business.
  4. Storage of business supplies must be enclosed and out of the public view.
  5. 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.

http://www.anaheim.net/departmentfolders/planning/Fees/feeschedule.pdf

Home Businesses: Anaheim

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.

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Summary by Robert Beck, Legal Extern

Protecting Your Identity

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…]

 

View the full newsletter in PDF form: Fall 2013 Newsletter.

 

If you need to talk to an Orange County Attorney about projects such as these, please contact the Law offices of Gale and Vallance at (714) 634-4838 or info@galeandvallance.com.