Fitness / Gym Permits & Licenses in Bismarck, ND

All LLCs must file Articles of Organization with the Secretary of State. Annual report required separately (see below). Fee confirmed current as of 2024.

Required for all domestic LLCs to maintain good standing. Online filing available.

Fitness gym memberships may be subject to sales tax (5% state rate); confirm taxability with Tax Commissioner. No fee to apply.

Required if DBA differs from LLC name on file. Valid for 5 years; renewal $10.

Gym owners doing their own facility buildout/renovation may need this. Not required for standard gym operations.

Required for LLCs with employees. Quarterly tax reports due. Gym trainers/employees trigger this.

Gym memberships are generally exempt from sales tax in North Dakota unless they include additional taxable services like tanning. Sales of fitness apparel, supplements, or equipment are taxable. Registration is required via the Tax Application for Business Privilege (Form 11001).

Employers must withhold state income tax from employee wages. Registration is completed through the same portal as sales tax (https://www.nd.gov/tax/).

All employers with one or more employees must register. New employers pay a standard rate of 2.5% on first $7,000 of wages per employee annually (rates may change after experience rating).

All LLCs in North Dakota must file an annual report. This is not a franchise tax in the traditional sense, but a mandatory filing with a fee. There is no separate corporate income tax or franchise tax for LLCs in North Dakota.

Required for all LLCs, even with no employees. Used for federal tax reporting, including income, employment, and excise taxes. Must be obtained via IRS Form SS-4 or online.

Cities like Fargo, Bismarck, and Grand Forks require local business licenses. For example, Fargo imposes a privilege tax under City Code Chapter 5.04. Business owners must contact the local clerk’s office for specific requirements.

Fitness gyms classified under amusement/recreation; renew annually. Bismarck and Grand Forks have similar requirements - check specific city ordinances.

Must verify property zoning allows 'health club/physical fitness facility'. Conditional use permit may be required in some zones.

Required for fitness center build-outs including weight rooms, locker rooms.

Monument, wall, or pylon signs require permits; maximum size restrictions apply.

Fitness centers often classified as Business (B) occupancy; sprinklers typically required.

Required after all inspections (building, fire, electrical) pass.

Most commercial fitness centers require monitored fire alarm systems.

Fitness centers may require conditional use permit in AG/RR districts.

Commercial recreation uses reviewed by Planning Commission.

North Dakota law (Workers’ Compensation Act, ND Codified Laws § 38‑01‑01 et seq.) requires every employer with one or more employees to carry workers’ comp insurance. Coverage must meet the statutory benefit schedule; there is no set dollar minimum, but policies must be sufficient to pay medical and wage‑replacement benefits as defined by law.

North Dakota does not mandate general liability insurance for fitness facilities, but it is strongly recommended and often required by third‑party contracts (leases, credit agreements).

While not a statutory mandate, many certifying bodies and client contracts require professional liability coverage.

North Dakota minimum liability limits are $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 for property damage (per ND DOT insurance minimums).

North Dakota does not require product liability insurance, but it is a prudent risk‑management tool for any retailer.

North Dakota law (ND Century Code § 61‑02‑01) requires all liquor licensees to carry liability insurance with at least $1 M per occurrence coverage.

North Dakota does not have a statewide surety bond requirement for gyms, but several cities require a bond as part of the local business licensing process.

All LLCs that have employees, elect to be taxed as a corporation, or need to open a business bank account must obtain an EIN.

LLC members report income on Schedule K‑1. If the LLC elects to be taxed as a corporation, Form 1120 is required.

LLC members who are not employees are not subject to employment taxes on their draw.

Fitness centers are covered under OSHA General Industry standards (29 CFR 1910). Must maintain injury/illness logs, provide safety training, and ensure equipment meets OSHA standards.

Fitness centers are considered public accommodations. Must provide accessible entrances, parking, locker rooms, equipment, and program modifications.

Most gyms have minimal hazardous waste, but if they operate a pool or use large quantities of chemicals, RCRA compliance may be required.

Fitness centers must ensure all health, weight‑loss, or performance claims are truthful, substantiated, and not deceptive.

Minimum wage, overtime, record‑keeping, and child‑labor rules apply to fitness‑center employees.

All fitness‑center employees must complete Form I‑9.

Most small gyms will not meet the employee threshold, but the rule applies if the threshold is reached.

Facilities must follow CGMP, maintain records, and may need to register their establishment with the FDA.

Most consumer‑grade fitness trackers operate under Part 15 unlicensed rules; no FCC license required.

Only applicable if the gym provides a retirement benefit plan to employees.