Barber / Cosmetology Permits & Licenses in Smyrna, DE

Complete guide to permits and licenses required to start a barber / cosmetology in Smyrna, DE. Fees, renewal cycles, and agency contacts.

Certificate of Formation (LLC Registration)

Delaware Division of Corporations
Required
Fee: $90.00-$90.00
Renewal: one time
Type: registration

Required for all LLCs. Annual Report and Franchise Tax due yearly thereafter (separate requirement).

Annual Report and Franchise Tax

Delaware Division of Corporations
Required
Fee: $300.00-$300.00
Renewal: annual
Type: registration

Required for all Delaware LLCs. No general business license required beyond this.

Barber License

Delaware Board of Cosmetology and Barbering
Required
Fee: $40.00-$40.00
Renewal: biennial
Type: license

1500 hours training or 45 weeks at approved school + exam (Delaware Cosmetology/Barbering Law, 24 Del. C. § 5101 et seq.). Required for barbers.

Cosmetologist License

Delaware Board of Cosmetology and Barbering
Required
Fee: $40.00-$40.00
Renewal: biennial
Type: license

1500 hours training or 45 weeks at approved school + exam (24 Del. C. § 5121). Required for cosmetology services.

Shop License

Delaware Board of Cosmetology and Barbering
Required
Fee: $200.00-$200.00
Renewal: biennial
Type: license

Required for barber/cosmetology shop. Must have licensed manager/owner; health/safety inspections required.

Assumed Name (DBA) Registration

Delaware Division of Corporations
May Apply
Fee: $20.00-$20.00
Renewal: one time
Type: registration

File Certificate of Assumed Name if DBA used. No renewal required unless changes.

Delaware Sales Tax Permit

Delaware Division of Revenue
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: registration

Barber and cosmetology services are generally exempt from Delaware sales tax unless tangible personal property (e.g., hair products) is sold. However, if the business sells taxable items, a Sales Tax Permit is required. Registration is done via the Delaware One Stop Business Portal.

Delaware Withholding Tax Registration

Delaware Division of Revenue
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: registration

Required for all employers in Delaware who withhold wages. Employers must register through the Delaware One Stop Business Portal and file Form WH-1.

Delaware Unemployment Insurance Tax Registration

Delaware Division of Unemployment Insurance
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: registration

All employers must register with the Delaware Department of Labor. New employers pay a standard rate for the first few years; rates vary based on industry and claims history.

Sales Tax License and Filing

Delaware Division of Revenue
Required
Fee: $0.00-$0.00
Renewal: one time
Type: registration

Barber services are exempt from Delaware sales tax. However, retail sales of cosmetics or products are taxable. Must register even if only making exempt sales.

Delaware Franchise Tax for LLCs

Delaware Division of Corporations
Required
Fee: $300.00-$300.00
Renewal: annual
Type: permit

All LLCs formed or registered in Delaware must pay an annual franchise tax. The minimum tax for LLCs is $300, regardless of income. Due by June 1 each year. Payment is made to the Division of Corporations.

Delaware Gross Receipts Tax

Delaware Division of Revenue
Required
Fee: $0.00-$0.00
Renewal: one time
Type: registration

Delaware does not have a sales tax, but imposes a Gross Receipts Tax on businesses. Rates vary by type of business: barber shops and cosmetology services are classified under 'Personal Services' at a rate of 1.95%. Filed via Form GR-1. Registration is required upon starting business.

Federal Employer Identification Number (EIN)

Internal Revenue Service (IRS)
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: registration

Required for federal tax reporting. Even single-member LLCs may need an EIN if they have employees or choose to be taxed as a corporation. Apply online via IRS website.

City or Municipal Business Privilege Tax

Local city/town government (e.g., Wilmington, Dover)
May Apply
Fee: $24.00-$24.00
Renewal: annual
Type: permit

Not all Delaware cities impose a local business tax. For example, Wilmington requires a Business Privilege License for barbershops. Contact local city clerk for specific requirements. This is separate from state-level taxes.

New Castle County Business License

New Castle County, DE
May Apply
Fee: $100.00-$100.00
Renewal: annual
Type: license

Required for all businesses; barber/cosmetology shops must also comply with state licensing

Wilmington City Business License

City of Wilmington, DE
May Apply
Fee: $50.00-$200.00
Renewal: annual
Type: license

Separate from county license; submit zoning approval with application

Sussex County Business License

Sussex County, DE
May Apply
Fee: $75.00-$75.00
Renewal: annual
Type: license

Applies county-wide except incorporated towns like Seaford, Rehoboth Beach

Kent County Business License

Kent County, DE
May Apply
Fee: $35.00-$35.00
Renewal: annual
Type: license

Dover has separate city requirements; check municipal status

Zoning Use and Occupancy Permit

New Castle County, DE
May Apply
Fee: $250.00-$1000.00
Renewal: one time
Type: permit

Barber shops typically permitted in B-1/B-2 commercial zones; home occupation permit required for residences (limited clients)

Building Permit for Interior Modifications

New Castle County, DE
May Apply
Fee: $100.00-$100.00
Renewal: one time
Type: permit

Plumbing/electrical alterations require separate trade permits

Sign Permit

New Castle County, DE
May Apply
Fee: $75.00-$300.00
Renewal: one time
Type: permit

Size, lighting, and setback restrictions per zoning code (e.g., max 32 sq ft in commercial zones)

Fire Safety Inspection and Permit

Delaware State Fire Marshal (local enforcement)
May Apply
Fee: $50.00-$250.00
Renewal: annual
Type: permit

Barber shops typically low hazard; requires extinguishers, exits, no storage in aisles

Alarm System Permit/Registration

Varies by locality (e.g., Wilmington)
May Apply
Fee: $50.00-$50.00
Renewal: annual
Type: permit

False alarm fees escalate; some cities require annual renewal

Health Department Plan Review and Inspection

Delaware Division of Public Health
May Apply
Fee: $200.00-$200.00
Renewal: one time
Type: permit

Requires sinks, sterilization, waste disposal per 16 DE Admin Code 4401; local health enforces

Workers' Compensation Insurance

Delaware Department of Labor, Division of Workers' Compensation
May Apply
Fee: $1.50-$3.50
Renewal: one time
Type: certificate

Mandatory for all employers with one or more employees, including part-time and family members. Sole proprietors without employees are exempt but may elect coverage. Enforced under Delaware Code Title 19, Chapter 23.

General Liability Insurance

None (not mandated by state law)
Required
Renewal: one time
Type: certificate

Not legally required by Delaware state law for barbers or cosmetology businesses, but strongly recommended. May be contractually required for leasing commercial space. Does not replace workers' comp or professional liability.

Professional Liability / Errors and Omissions Insurance

None
Required
Renewal: one time
Type: certificate

Not legally required by Delaware law or the Board of Barber and Cosmetology. However, it is strongly recommended to cover claims of negligence, allergic reactions, or improper services. No statutory mandate exists.

Surety Bond (License Bond)

Delaware Division of Professional Regulation
Required
Fee: $100.00-$300.00
Renewal: one time
Type: certificate

A $10,000 surety bond is required for the Barber Shop License in Delaware. This is a license bond to ensure compliance with state regulations. Required under Delaware Administrative Code 19 DE Reg. 103 (April 2021). Applies to the business entity operating the shop.

Commercial Auto Insurance

Delaware Department of Insurance
May Apply
Fee: $1200.00-$2500.00
Renewal: one time
Type: certificate

Required if the business owns or operates a vehicle for transporting tools, clients, or supplies. Standard personal auto policies do not cover business use. Enforced under Delaware Title 21, Chapter 31.

Product Liability Insurance

None
Required
Renewal: one time
Type: certificate

Not legally required in Delaware, even if selling hair products or cosmetics. However, recommended if selling retail items due to potential liability from defective products. No statutory mandate exists.

Liquor Liability Insurance

Delaware Division of Alcohol and Tobacco Enforcement (ATE)
May Apply
Renewal: one time
Type: certificate

Only required if the barber shop holds a liquor license (e.g., for a barbershop lounge). Most barber shops do not serve alcohol and thus are not subject to this requirement. Enforced under Delaware Alcoholic Beverage Control laws.

Employer Identification Number (EIN)

Internal Revenue Service (IRS)
May Apply
Renewal: one time
Type: registration

Even single-member LLCs without employees may need an EIN if they open a business bank account or operate in certain states. Delaware does not issue state tax IDs separately for barbershops, but federal EIN is required when conditions apply.

Federal Income and Self-Employment Tax Obligations

Internal Revenue Service (IRS)
Required
Fee: $168600.00-$168600.00
Renewal: one time
Type: filing

As an LLC, profits pass through to owner's personal tax return (Schedule C). If the business has employees, additional Form 941 (quarterly) and Form 940 (annual) filings are required. Barbershops are not subject to federal excise taxes unless selling taxable goods (e.g., retail products).

Periodic Reporting to Delaware Board of Barbering and Cosmetology

Delaware Board of Barbering and Cosmetology
May Apply
Renewal: one time
Type: filing

Businesses must report changes in location, ownership, or managing licensee within 10 days. Required by Board regulations.

OSHA Workplace Safety Requirements

Occupational Safety and Health Administration (OSHA)
May Apply
Fee: $0.00-$500.00
Renewal: one time
Type: permit

Barber shops must comply with OSHA’s Bloodborne Pathogens Standard (29 CFR 1910.1030) due to potential exposure to blood via cuts or nicks. Requires exposure control plan, training, and provision of PPE (gloves, eye protection). Also required to maintain Safety Data Sheets (SDS) for all hazardous chemicals (e.g., disinfectants, hair dyes) under Hazard Communication Standard (HCS).

ADA Title III Compliance (Public Accommodations)

Department of Justice (DOJ)
May Apply
Renewal: one time
Type: permit

Barber shops are considered 'public accommodations' under ADA Title III. Must ensure accessibility for customers with disabilities, including accessible entrances, pathways, seating, and restrooms if provided. Wheelchair-accessible chairs and service accommodations (e.g., communication with deaf clients) may be required. New construction or alterations must comply with ADA Standards for Accessible Design.

EPA Regulations for Hazardous Waste and Chemicals

Environmental Protection Agency (EPA)
May Apply
Renewal: one time
Type: permit

Barber shops typically do not generate large volumes of hazardous waste. However, if using EPA-listed hazardous chemicals (e.g., products containing methylene chloride, formaldehyde), proper storage, labeling, and disposal through licensed facilities may be required. No federal permit needed for CESQG status (<220 lbs/month hazardous waste).

FTC Truth-in-Advertising and Consumer Protection Rules

Federal Trade Commission (FTC)
Required
Fee: $0.00-$0.00
Renewal: one time
Type: permit

Applies to all businesses. Barbershops must avoid deceptive advertising (e.g., false claims about services, pricing, or 'miracle' hair growth). If offering subscription services or automatic renewals, must comply with FTC's Negative Option Rule (clear disclosure, cancellation process). Also required to honor the 'Do Not Call' registry if using phone marketing.

DOL I-9 Employment Eligibility Verification

Department of Homeland Security (DHS) / USCIS
May Apply
Renewal: one time
Type: permit

All U.S. employers must complete Form I-9 to verify identity and work authorization. E-Verify is not federally mandated for barbershops unless in a state that requires it or for federal contractors.

DOL Fair Labor Standards Act (FLSA) – Wage and Hour Compliance

U.S. Department of Labor (DOL)
May Apply
Fee: $7.25-$7.25
Renewal: one time
Type: permit

Barber shops must classify workers correctly (employee vs. independent contractor). Misclassifying barbers as contractors to avoid wage obligations may trigger FLSA violations. Tipped employees may be paid $2.13/hour in direct wages if tips bring total to at least $7.25/hour (federal tip credit rules).

DOL Family and Medical Leave Act (FMLA)

U.S. Department of Labor (DOL)
May Apply
Renewal: one time
Type: permit

Most small barber shops (LLCs with fewer than 50 employees) are exempt. However, must post FMLA notice (available at https://www.dol.gov/agencies/whd/posters).

FDA Regulation of Cosmetics and Devices

Food and Drug Administration (FDA)
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: permit

FDA regulates cosmetics under the Federal Food, Drug, and Cosmetic Act. Barbershops must ensure products are safe, properly labeled, and not adulterated. No pre-market approval required, but must report serious adverse events. Electric clippers and combs are considered general-use devices and are not subject to special licensing. Formaldehyde in hair smoothing products is regulated; levels above 0.1% require warning labels (OSHA and FDA).

Annual Report Filing for LLC

Delaware Division of Corporations
Required
Fee: $300.00-$300.00
Renewal: one time
Type: permit

Mandatory for all Delaware LLCs. Must be filed online via the Delaware Division of Corporations website. Failure to file can lead to administrative dissolution of the entity.

Delaware Board of Barbering and Cosmetology License Renewal

Delaware Board of Barbering and Cosmetology
Required
Fee: $110.00-$110.00
Renewal: biennial
Type: license

Applies to all licensed barbers and cosmetologists. Renewal requires completion of 12 hours of continuing education per renewal cycle. Licensees are notified 60 days prior to expiration.

Continuing Education Requirement for Licensed Barbers/Cosmetologists

Delaware Board of Barbering and Cosmetology
Required
Fee: $50.00-$150.00
Renewal: biennial
Type: certificate

Includes at least 2 hours in infection control and safety. Courses must be approved by the Board or from an accredited institution.

Employer Withholding Tax Registration and Filings

Delaware Division of Revenue
May Apply
Renewal: varies
Type: filing

Employers must register within 30 days of hiring first employee. Monthly filers report by the 20th of the following month; quarterly filers by the 20th after quarter end. Estimated payments are due with each return.

Delaware Annual Business Privilege Tax

Delaware Division of Revenue
Required
Fee: $400.00-$400.00
Renewal: annual
Type: filing

LLCs are subject to the Annual Business Privilege Tax, separate from the Annual Report filing fee. Paid in conjunction with the Annual Report.

Federal Employer Identification Number (EIN) Reporting

Internal Revenue Service (IRS)
May Apply
Renewal: one time
Type: filing

EIN is required at formation but ongoing compliance includes filing employment tax returns. Single-member LLCs without employees may not need to file employment taxes.

OSHA Poster (Job Safety and Health Protection)

Occupational Safety and Health Administration (OSHA)
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: permit

Required for all employers with employees. Poster must be displayed in a conspicuous location accessible to employees.

Delaware Labor Law Posters (Minimum Wage, Safety, etc.)

Delaware Department of Labor
May Apply
Renewal: one time
Type: permit

Includes Minimum Wage, Workers’ Compensation, Unemployment Insurance, and Family Leave Act posters. Available in English and Spanish.

Display of Barber/Cosmetology License

Delaware Board of Barbering and Cosmetology
Required
Renewal: one time
Type: permit

Each licensed barber or cosmetologist must display their current license in a visible location at the establishment.

Health and Sanitation Inspection

Delaware Division of Public Health (DPH)
Required
Renewal: one time
Type: permit

Barber shops are subject to inspection under Delaware’s infection control regulations. Focus on sterilization, disinfection, and recordkeeping of sanitation logs.

Fire Safety Inspection

Delaware State Fire Marshal
Required
Renewal: one time
Type: permit

All commercial occupancies, including barber shops, are subject to fire code inspections. Includes exits, fire extinguishers, smoke detectors, and flammable material storage.

Recordkeeping for Tax and Licensing Purposes

Delaware Division of Revenue
Required
Renewal: one time
Type: permit

Includes sales tax records, payroll, withholding, and business expense documentation. Must be available for audit upon request.

Federal Recordkeeping for Employment Taxes

Internal Revenue Service (IRS)
May Apply
Renewal: one time
Type: permit

Includes Forms W-4, W-2, I-9, and payroll registers. Applies to all employers regardless of size.

Step-by-Step Compliance Guide

  1. Begin by obtaining an Employer Identification Number (EIN) from the Internal Revenue Service, as it’s required for most businesses.
  2. Ensure compliance with the FTC regarding advertising and consumer protection, with fees varying based on specific circumstances.
  3. Understand your federal income and self-employment tax obligations if operating as an LLC, which can be substantial.
  4. Maintain thorough record retention for tax and licensing purposes, as required by the Internal Revenue Service.
  5. Address ADA compliance for public accommodations, potentially incurring fees between $200.00 and $5000.00.
  6. File your federal income and self-employment taxes as an LLC, with fees varying depending on your income.
  7. Comply with OSHA’s General Duty Clause to ensure workplace safety, with associated fees varying based on violations.
  8. File an Annual Report and pay the Franchise Tax to the Delaware Division of Corporations, costing $300.00 annually.

Common Mistakes to Avoid

  • Assuming a federal license is required for barbering or cosmetology services in Delaware is incorrect.
  • Ignoring the potential costs associated with ADA compliance can lead to significant fines.
  • Failing to maintain accurate records for tax purposes can result in penalties from the IRS.
  • Overlooking FTC guidelines on advertising can lead to legal issues and enforcement actions.
  • Believing that only initial licensing fees are required, and neglecting annual franchise tax obligations.

Frequently Asked Questions

What federal agencies might I need to comply with?

Several federal agencies may apply to your Smyrna, DE barber or cosmetology business, including the Federal Trade Commission (FTC) for advertising, the Internal Revenue Service (IRS) for taxes, and the Department of Justice (DOJ) for ADA compliance.

Are there any federal licensing requirements for barbers or cosmetologists in Delaware?

No, there is no federal license required for barbering or cosmetology services; however, you must still comply with federal regulations related to business operations, such as tax and advertising laws.

What is the range of fees associated with ADA compliance?

ADA compliance fees can vary significantly, ranging from $200.00 to $5000.00, depending on the necessary modifications to your business to ensure accessibility for individuals with disabilities.

What are the ongoing federal tax obligations for an LLC?

As an LLC, you’ll have ongoing federal income and self-employment tax obligations, and you must file these taxes with the IRS annually; the fees vary based on your business income.

What is the annual cost for the Delaware Franchise Tax?

The Delaware Division of Corporations requires an Annual Report and Franchise Tax payment of $300.00 each year to maintain good standing for your business.

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