Home Based Business
HOME-BASED BUSINESS
The City welcomes entrepreneurs and business owners to Benicia! Individuals wishing to run a commercial enterprise from their home (“home-based business”) require a Business License to operate:
WHAT IS A BUSINESS LICENSE? (CLICK HERE TO APPLY)
- An annual tax paid by any person who conducts business within City limits. The tax rate is defined in Section 5.06.050 of the Benicia Municipal Code.
- Any business that operates within the City, whether they are based in Benicia or not, must have a business license. To obtain a business license for a home-based business, it must meet the conditions of operation and home-based business requirements described under Section 17.70.070 of the Benicia Municipal Code.
- Payment of the business license does not certify compliance with other applicable regulations, such as zoning regulations, that may affect the ability to operate in Benicia.
- Business licenses are regulated under Chapter 5.04 of the Benicia Municipal Code.
HOME-BASED BUSINESS REQUIREMENTS
- LIMITATIONS
o The home business must be secondary to the principal residential use of the site.
o The home-based business shall not occupy more than 500 square feet of floor area.
o Operations shall be conducted entirely within a dwelling unit.
o The home-based business shall not occupy more than 500 square feet of floor area.
o Operations shall be conducted entirely within a dwelling unit.
- GENERAL CONDITIONS
o Outdoor activities are prohibited, including, but not limited to:
Outdoor placement, storage, delivery, or distribution of goods, equipment, debris, or materials.
Conducting business activities outdoors.
Outdoor assembly of persons on or adjacent to the property.
Conducting business activities outdoors.
Outdoor assembly of persons on or adjacent to the property.
o The existence of a home-based business shall not be apparent beyond the boundaries of the site.
o No sign, nameplate, or any other form of advertising shall be displayed on the premises in connection with any home-based business.
o No advertising shall occur that results in attracting persons to the residence.
o A home-based business will comply with performance standards described under BMC 17.70.240.
o No noise, dust, or odors shall be perceptible at or beyond the property line.
o No sign, nameplate, or any other form of advertising shall be displayed on the premises in connection with any home-based business.
o No advertising shall occur that results in attracting persons to the residence.
o A home-based business will comply with performance standards described under BMC 17.70.240.
o No noise, dust, or odors shall be perceptible at or beyond the property line.
• VISITORS/EMPLOYEES
o A home-based business cannot be open to visitors without prior appointments
o Employees who do not reside in the home are not permitted to gather at or work from the residence.
o Permitted instruction subjects include music, academics, dance, art, fitness, or other subjects as determined by the Development Services Director.
o No more than two students may be given instruction in a dwelling at one time between the hours of 9:00 a.m. and 8:00 p.m. Students are not permitted to be given instruction between the hours of 8:00 p.m. to 9:00 a.m.
o Employees who do not reside in the home are not permitted to gather at or work from the residence.
o Permitted instruction subjects include music, academics, dance, art, fitness, or other subjects as determined by the Development Services Director.
o No more than two students may be given instruction in a dwelling at one time between the hours of 9:00 a.m. and 8:00 p.m. Students are not permitted to be given instruction between the hours of 8:00 p.m. to 9:00 a.m.
- VEHICLES
o No more than one truck, with a maximum capacity of one ton, incidental to a home-based business may be kept on premises.
o Deliveries shall be limited to the frequency of which is normally associated with residential neighborhoods.
o The maximum number of daily business trips shall not exceed 125% of the average number of daily trips generated from a residence in the City of Benicia.
o Deliveries shall be limited to the frequency of which is normally associated with residential neighborhoods.
o The maximum number of daily business trips shall not exceed 125% of the average number of daily trips generated from a residence in the City of Benicia.
For purposes of this requirement, the average number of daily trips is 10. This means that home-based businesses in the City of Benicia cannot exceed 12.5 daily business trips.
- COTTAGE FOOD OPERATIONS
o Cottage Food Operations are businesses that produce and sell certain limited types of food from a private home kitchen, rather than a commercial establishment. Under Benicia Municipal Code Chapter 17.12, Cottage Food Operations means an enterprise within a dwelling unit where cottage food products, not including cannabis or cannabis products, are prepared or packaged for direct, indirect or direct and indirect sale to consumers pursuant to California Health and Safety Code Section 113758. Cottage Food Operations require a cottage food operations permit from the City’s Development Services Director, are subject to additional requirements, including Benicia Municipal Code Section 17.70.370, California Health and Safety Code Section 113758(b)(1), as well as registering with the Solano County Environmental Health Division.
The City of Benicia does not verify compliance with private agreements, such as lease agreements or Homeowners Association rules.
The City of Benicia does not verify compliance with private agreements, such as lease agreements or Homeowners Association rules.
- PERMITTED HOME-BUSINESSES (Chapter 17.16 BMC)
o Artists’ Studios
o Catering services
o Communications Facilities
o Horticulture, Limited
o Industry, Custom – Limited
o Offices, Business and Professional, excluding medical and dental offices
o Personal Improvement Services
o Personal Services, excluding massage businesses conducted on the premises
o Retail sales and secondhand sales, excluding those which conduct on-site transactions or delivery
o Catering services
o Communications Facilities
o Horticulture, Limited
o Industry, Custom – Limited
o Offices, Business and Professional, excluding medical and dental offices
o Personal Improvement Services
o Personal Services, excluding massage businesses conducted on the premises
o Retail sales and secondhand sales, excluding those which conduct on-site transactions or delivery
APPLICATIONS AND INFORMATION
For further information, please visit the City’s Economic Development and Business websites: