As a new business owner, it is your responsibility to abide by many regulatory items. The law does not forgive penalties and fees because you say, "I did not understand', or "I did not know".
Keep in mind that this checklist is a resourceful tool and should not be considered as an all inclusive document. One of the main factors that will vary most, is dependent on the jurisdiction in which your business will be located. Each State, County, City, School District, and any other local municipalities will have their own laws, documents, and fees.
For this example, we will use a typical massage Spa in the State of Florida.
IF you are starting a New Business OR, IF you are changing owners: The process IS the same.
PURCHASING & SELLING A SPA - RESPONSIBILITIES OF BOTH THE SELLER AND THE BUYER
The buyer of the Spa and the seller of the Spa must come to an agreement of the price, before anything else can happen. The buyer must be approved as a tenant before the purchase can be completed.
The buyer and the seller SHOULD both sign a purchase agreement.
The purchase agreement requires the seller to remove the Spa from any "for sale" listings.
The purchase agreement requires the buyer to provide a sufficient monetary deposit, refundable if the sale is not completed.
Immediately after the purchase agreement has been signed; the landlord (or property manager) needs to be contacted by THE SELLER.
The seller is to advise the landlord of a possible new owner, and provide the landlord with the contact information of the new owner.
The buyer is to provide the landlord with any personal information like Social Security number, Date of Birth, Bank Statements, Credit Application, etc...
Upon approval of the landlord, the following steps need to happen in order to transfer responsibilities in the business:
PURCHASING A SPA - RESPONSIBILITIES OF THE BUYER
The buyer needs to obtain proper documentation in order to become the new owner.
Decide what type of business you want. (Inc. or LLC)
Create a new name for your Spa (all business transactions will be according to your business name.
Receive a signed lease from the landlord or property manager made to your company name.
Obtain an EIN(Employer Identification Number) for your business. This number is also called a Federal Tax Identification Number.
Register the business with the Florida Division of Corporations. This is required before you can operate a business in the State.
If you want to do business under a different name than the "Legal Name", you will also need to register a Fictitious Name with the Florida Division of Corporations so they understand you are "Doing Business As" a different name.
Complete and submit the "Application for Licensed Massage Establishment (New Business or Change of Ownership)"
Purchase an insurance policy. In most cases, you will only need to purchase a General Liability Insurance policy for your establishment. You will need to provide a copy of your property damage and bodily injury liability insurance. This is required by Florida Administrative Code(F.A.C.) Rule 64B7-26.002(2)
You will need to get fingerprinted. Applicants may use any Livescan service provider approved by the Florida Department of Law Enforcement to submit their background screening to the department. If you do not provide the correct Originating Agency Identification (ORI) number to the Livescan service provider, the board office will not receive your background screening results. The ORI number for the Board of Massage Therapy is EDOH4600Z. You must provide accurate demographic information to the Livescan service provider at the time your fingerprints are taken, including your Social Security number (SSN). Typically background screening results submitted through a Livescan service provider are received by the board within 24-72 hours of being processed. If you obtain your Livescan from a service provider who does not capture your photo you may be required to be reprinted by another agency in the future.
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