Hotel / Motel Permits & Licenses in Smyrna, DE

All Delaware LLCs must file; authorized person signs

File Certificate of Assumed Name; required if not using exact LLC name

8% hotel occupancy tax on room rentals; monthly returns due by 20th

Required for all LLCs; filed with Prothonotary in New Castle, Kent, or Sussex County

Required for food/beverage sales; fees by municipality (ex: Wilmington $125 + $25/employee)

All businesses need classification-specific license; hotel/motel has designated classification

Required for all lodging facilities; inspection required; contact OFP at (302) 744-4545

Hotels serving >25 people/day need public water system approval

Hotels and motels in Delaware must collect and remit 6% Sales Tax on transient lodging (nights rented 30 days or less). This is administered under Delaware Sales Tax law (Title 30, Chapter 47). Registration is mandatory via DELPROS. See https://revenue.delaware.gov/sales-tax/sales-tax-on-transient-occupancy/

Mandatory for all employers with employees working in Delaware. Hotels/motels with staff must register and withhold Delaware income tax from employee wages. Registration done via DELPROS system.

Employers with one or more employees must register. New employers pay 2.4% on first $18,500 of each employee’s wages (2024 rate). Rate may change annually. Administered by Division of Unemployment Insurance.

All Delaware LLCs must pay an annual Franchise Tax regardless of income or activity. Due June 1 each year. Failure to pay results in administrative dissolution. See https://corp.delaware.gov/forms/llcfranch.pdf

This is a 6% tax on gross receipts from transient occupancy (rentals of 30 days or less). Collected and remitted via Sales Tax return (Form SA-101). Hotels and motels are specifically subject to this. See https://revenue.delaware.gov/wp-content/uploads/2023/07/Rev-411-0723.pdf

Employers must file Form WH-60 and remit withheld state income tax. Frequency determined by the Division based on monthly tax liability.

Required for all employers and most LLCs for federal tax purposes. Apply online at https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online

Federal unemployment tax. Applies if employer meets wage threshold. Most employers receive 5.4% credit for timely state UI payments, reducing effective rate to 0.6%.

Delaware does not have a traditional sales tax on most goods, but imposes a Gross Receipts Tax on all businesses. For hotels, the rate is 1.795% of total gross receipts (including lodging, food, services). This is in addition to the 6% Sales Tax on transient occupancy. See https://revenue.delaware.gov/sales-tax/gross-receipts-tax/

Not all Delaware municipalities impose a local business tax. For example, Dover requires a business license for all operating within city limits. Wilmington has a similar requirement. Check with local clerk’s office. No statewide local tax; must verify by jurisdiction.

Required for all businesses including hotels; hotels classified under transient lodging

Specific hotel/motel license category; zoning approval prerequisite

Not a standalone mandate, but carrying liquor liability coverage is considered standard practice and often required by insurers when applying for general liability coverage if alcohol is served. Delaware requires strict compliance with dram shop laws under Title 4, Chapter 4. Failure to maintain adequate coverage may result in denial of license renewal.

A surety bond of $5,000 is required for most on-premises liquor licenses (e.g., Class A or B). The bond ensures compliance with Delaware’s alcoholic beverage laws. Issued by licensed surety companies and filed with ATED.

Not legally required in Delaware for hotel/motel businesses. However, may be contractually required by third parties (e.g., event planners, corporate clients). Covers claims of negligence or failure to perform services.

Not a separate legal mandate. However, if the hotel sells tangible goods, product liability coverage is typically included in general liability policies. Recommended to cover injuries from defective products sold on-site.

While not required for sole proprietors with no employees, most LLCs operating as hotels will need an EIN for banking, tax, and compliance purposes. This is a foundational federal requirement.

Hotels must report all revenue, including room rentals, food, and services. Income passes through to owners unless the LLC elects corporate taxation.

Required for hotels with employees. Includes maintaining a safe workplace, posting OSHA Form 300A (if 10+ employees), hazard communication, emergency action plans, and reporting fatalities or hospitalizations within 8/24 hours. Specific risks include housekeeping injuries, electrical hazards, and chemical exposure from cleaning supplies.

Hotels must comply with ADA Standards for Accessible Design. Requirements include accessible guest rooms, entrances, restrooms, parking, signage, and reservation systems. Minimum number of accessible rooms based on total rooms (e.g., 5% of rooms if 50+ rooms). Applies to all places of public accommodation.

Requires inspection for asbestos and notification to EPA/state before renovation or demolition. Common in older motels. Does not apply to routine maintenance.

Contractors and in-house staff must be EPA-certified if disturbing more than 6 square feet of paint in interior areas or 20 square feet exterior. Hotels often perform ongoing maintenance triggering this rule.

Requires hotels to disclose all mandatory fees (resort fees, parking, etc.) clearly and conspicuously in advertised rates. Applies to all U.S. hotels. Misleading pricing may violate Section 5 of the FTC Act. Effective enforcement since 2015.

Requires payment of federal minimum wage ($7.25/hour), overtime (1.5x regular rate after 40 hours/week), and proper recordkeeping. Applies to front desk, housekeeping, maintenance, and management staff. Hotel industry is a frequent target of DOL audits.

Requires eligible employees (12 months, 1,250 hours) to be granted up to 12 weeks of unpaid, job-protected leave for qualifying medical/family reasons. Posting notice required.

Must complete Form I-9 for every employee, including citizens and non-citizens. E-Verify is not federally required unless in a federal contract or certain states, but hotels may voluntarily enroll.

Hotels typically require C-3 or commercial zoning; variance needed otherwise. Check specific county zoning code (e.g., New Castle County Code Chapter 40)

Required for structural changes, additions, or major renovations to hotel facilities

Size, lighting, and location restrictions per zoning district

Covers sanitation, bedding, water quality; local health depts enforce in coordination

Requires sprinklers, exits, alarms per IFC; local fire depts conduct inspections

Verifies zoning, building, fire code compliance before opening

Monitored systems must register with central station

UDC Article 40.05.111 requires specific parking ratios for hotels

Mandatory for all employers with one or more employees in Delaware, including part-time and full-time workers. Sole proprietors are not automatically exempt but may elect to exclude themselves. Coverage must be obtained through private insurers or the state fund (Delaware State Insurance Fund).

Not explicitly mandated by Delaware state law for all businesses, but strongly recommended. Often required by landlords, lenders, or municipalities as part of occupancy permits. Covers third-party bodily injury, property damage, and advertising injury.

Required for any vehicle owned or operated by the business. Minimum liability limits: $15,000 bodily injury per person, $30,000 per accident, $10,000 property damage. Applies to vans, shuttles, or service vehicles used for guest transport or maintenance.

Requires hotels that retransmit broadcast programming to monitor and pass through Emergency Alert System (EAS) messages to guest rooms. Applies under FCC rules 47 CFR §11.1 et seq.

Hotels with food service must register with FDA as a food facility. Renewal every 2 years. Does not apply to hotels that only resell prepackaged food.

All Delaware LLCs must file an Annual Report and pay the $300 franchise tax by June 1 each year. The report is filed online via the Delaware Secretary of State’s website. This is mandatory regardless of business activity.

Hotels in Delaware are required to collect and remit sales tax on room rentals (currently 0% state rate, but local rates may apply; confirm with local jurisdiction). The Sales Tax License does not expire but is subject to biennial review. No formal renewal process, but license must remain active and compliant.

Inspections conducted by local fire marshals or the State Fire Prevention Commission to ensure compliance with fire safety codes, including exits, alarms, sprinklers, and fire extinguishers. Frequency may vary by jurisdiction but typically annual.

Hotels offering food services must comply with the Delaware Food Code and undergo routine inspections by the Division of Public Health. Inspection frequency depends on the type and volume of food service.

Inspections ensure compliance with the International Building Code (IBC). Routine inspections are not annual unless tied to modifications. However, local municipalities may require periodic compliance checks.

Hotels with employees must file quarterly Form 941 (Employer's Quarterly Tax Return), annual Form 940 (Federal Unemployment Tax), and issue W-2 forms by January 31. FEIN is required for payroll tax reporting.

Employers must withhold Delaware income tax from employee wages and file Form WH-011 monthly or quarterly. Annual reconciliation (Form WH-011A) due by January 31.

Employers must file Form UI-3/4/5 each quarter and pay unemployment insurance taxes on first $18,500 of each employee’s wages. New employers start at 2.4% rate.

All employers in Delaware with at least one employee must carry workers’ compensation insurance. Coverage must be maintained at all times through a licensed insurer or self-insurance program.

Employers must display federal and state labor law posters in a conspicuous location accessible to employees. Required posters include: Minimum Wage, Equal Employment Opportunity, Family and Medical Leave Act, OSHA Workplace Safety, and Delaware Workers’ Compensation Notice.

Hotels must maintain OSHA Form 300 (Log of Work-Related Injuries), Form 301 (Incident Report), and post Form 300A summary each year. Records must be kept for five years at the worksite.

All businesses operating in Delaware must have a State Business License. The license is renewed automatically upon filing the Annual Report and paying the franchise tax. No separate renewal form.

Hotels used as public assembly spaces must obtain a Certificate of Inspection from the State Fire Marshal. This is typically issued after a fire safety inspection and must be renewed annually.

Businesses must retain books, records, invoices, and tax returns for at least 3 years from the due date or filing date of the return. Applies to sales tax, withholding tax, and other state tax filings.

An LLC taxed as a partnership files Form 1065; an S-corp files Form 1120-S. Both due March 15. This does not apply to single-member LLCs taxed as disregarded entities.