Hotel / Motel Permits & Licenses in West Fargo, ND

Required for all domestic LLCs; annual report required thereafter ($50 fee, due by anniversary date)

Applies to all LLCs; filed online via SOS portal

Not required if using exact legal name; searchable registry on SOS site

Required for all hotels/motels offering sleeping rooms to transients; inspection required prior to issuance

Rooms subject to 5% state sales tax + up to 2.5% local; monthly returns required

2% tax on gross receipts from sleeping rooms; reported with sales tax returns

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Required for hotels/motels in most ND cities; check specific city code (e.g., Fargo Code Ch. 31-02)

Hotels typically allowed in C-3/Commercial zones; Bismarck Ord. 9-08-01 et seq.

Required per ND Uniform Construction Standards; local enforcement

Regulated by local sign ordinances (e.g., Grand Forks Code Sec. 36-51)

North Dakota law (ND Century Code § 38‑01‑01) requires all employers with ≥1 employee to carry workers’ comp. No statutory minimum dollar limit; policies must be sufficient to cover the state‑defined benefit schedule (e.g., up to $500 / week for temporary total disability).

While North Dakota does not impose a statutory general‑liability requirement on hotels, local jurisdictions (e.g., city fire or health departments) often condition the issuance of a Lodging Establishment Permit on proof of $1 M general‑liability coverage.

Professional liability is not mandated for hotels in North Dakota, but may be prudent if the property offers services that could give rise to professional negligence claims.

North Dakota Administrative Code 10‑1‑03 requires a surety bond (minimum $5,000) as a condition of the Lodging Establishment Permit to ensure compliance with health‑safety standards.

North Dakota minimum liability limits for commercial vehicles are $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 for property damage.

North Dakota law (ND Century Code § 38‑31‑01) requires licensees to maintain liability insurance covering claims arising from the sale or service of alcoholic beverages.

Product liability is not mandated by North Dakota law for hotels, but insurers and lenders often require it when the property sells tangible goods.

Many North Dakota municipalities require a fire‑safety bond as part of the building‑occupancy permit process for hotels and motels. The exact amount varies by city and building size.

All LLCs that will employ staff, open a business bank account, or file any federal tax return must obtain an EIN.

Default classification for multi‑member LLCs is partnership. Single‑member LLCs are disregarded entities unless electing corporate tax treatment.

Local health districts (e.g., Bismarck-Burleigh) inspect per NDAC 33-25-03

Per IFC 2021 as adopted locally; occupancy load certificate issued

Confirms zoning/building/fire compliance; local code enforcement

Annual monitoring certification also needed; ND Fire Code Ch. 9

Local zoning codes specify ratios for hotels/motels

Even a single‑member LLC with employees must file these forms.

Hotels fall under the General Industry standards (29 CFR 1910).

Requires accessible guest rooms, bathrooms, common areas, and auxiliary aids (e.g., visual alarms).

Applies to all commercial HVAC units; documentation must be retained for 3 years.

Hotels must ensure rate advertisements, “free” offers, and online listings are not deceptive.

Includes housekeeping, front‑desk, food‑service, and maintenance staff.

Hotels typically meet the employee count threshold.

Electronic completion is permitted if the system meets DHS requirements.

Only required if the hotel maintains an employee benefit plan covered by ERISA.

Most hotels obtain the permit through the state’s liquor authority; the federal permit is required for manufacturers, importers, or wholesalers, but the TTB still requires a Basic Permit for any entity handling alcohol.

Report must include current address, registered agent, and members/managers. No separate filing for LLCs that are taxed as partnerships.

License is required for any establishment offering overnight lodging for a fee. Renewal includes submission of a completed inspection report.

Inspection covers sanitation, food service (if applicable), and guest room conditions.

Includes verification of fire extinguishers, smoke detectors, egress routes, and occupancy limits.

All lodging charges (room rate, taxes, fees) are subject to sales tax. Returns filed electronically via the ND Taxpayer Access Point (TAP).

Attach Schedule K‑1 for each member. Estimated tax payments may be required if tax liability > $500.

Report wages and pay employer UI contributions electronically via the ND UI portal.

Employers must maintain a Workers’ Compensation policy and submit the Annual Report of Payroll and Experience Rating.

File electronically via the ND Taxpayer Access Point (TAP).

EIN must be used on all federal tax filings and payroll reports.

Report federal income tax withheld, Social Security, and Medicare taxes.

FUTA tax is calculated on the first $7,000 of wages per employee.

Includes the OSHA Job Safety and Health – It’s the Law poster.

Must be displayed in a conspicuous place where employees can see it.

Poster includes state minimum wage, overtime, and child labor provisions.

Requires proof of state lodging license and fire inspection certificate.

Ensures the building meets local land‑use and occupancy classifications for lodging.

Includes sales tax returns, payroll tax filings, and income tax returns.

Includes I‑9 forms, wage statements, UI reports, and workers’ compensation logs.

Include copies of all health inspection reports and corrective action documentation.

Report total rooms, occupancy rates, and any food service operations.