What does it take to legally open an adult novelty shop in Oldsmar, FL?

Frankie asked: “What kind of permits and licenses do I need for my online store selling adult products?”

Hi Frankie, Frankie Adult Products sounds like a promising venture. Margins on novelties and accessories can be generous, and online ordering lets shy customers shop from home. The Florida sales and use tax certificate of registration comes first here, because it is what lets you collect sales tax and buy inventory wholesale. In this answer you will find the business structure, the tax registrations, and the local and industry licenses for Frankie Adult Products, plus a short recap at the end.

Florida taxes most retail goods, adult products included, so your first stop is a Florida certificate of registration, which lets you collect sales tax from Florida buyers and hand suppliers a resale certificate so inventory is bought without tax. With seven people on the team, you will also open a reemployment tax account for unemployment insurance; Florida has no wage withholding to set up. Because this category gets extra scrutiny from payment processors and carriers, add age confirmation at checkout and plain, discreet packaging. If you trade as Frankie Adult Products rather than your own name, register that as a fictitious name too.

What Frankie Adult Products needs

1. Florida sales and use tax certificate of registration – You will be selling taxable goods, so register to collect sales tax before your first sale. It also lets you buy inventory for resale without paying tax on it.
2. LLC (limited liability company) – An LLC keeps business debts and lawsuits separate from your personal home and savings. A data breach that exposes customer orders could lead to a privacy lawsuit, and an LLC keeps your personal assets out of it.
3. Florida fictitious name registration – If you operate as a sole proprietor, or under a name different from your LLC's exact legal name, registering "Frankie Adult Products" lets you use it on signs, invoices, and your business bank account.
4. EIN (federal tax ID number) – You plan on 7 employees, so the federal tax ID number (EIN) is required for payroll, and you will also use it for the business bank account and supplier accounts.
5. Florida employer ID – With 7 employees, you need a state employer account number for unemployment insurance. Florida has no state income tax on wages, so there is no withholding account to open, which is one less form to file.
6. Business license – Governments license businesses so they can collect a modest tax, usually based on gross receipts or a flat yearly amount, and keep inspectors checking safety: exits, fire extinguishers, and how many people a space can hold. Plan on one for Frankie Adult Products in Oldsmar. Home occupation rules commonly cap client visits and delivery trucks on a residential street, so read them before you print business cards.
7. Adult business zoning – Many cities treat adult novelty stores as sexually oriented businesses and limit where they can open.

A few states restrict selling sexual devices and many cities tightly zone adult stores, so confirm local rules before opening.

By the numbers: Banks, insurers, and tax forms will ask for your industry code. For an adult novelty shop it is NAICS 453998 (All Other Miscellaneous Store Retailers), 459999 under the 2022 update. With 7 employees planned, you are already creating jobs in Oldsmar. That makes 7 items on your list.

Tip: Use discreet billing names and plain packaging, which customers value and which reduces chargebacks.

To recap: Frankie Adult Products in Oldsmar, FL needs a sales tax permit, an LLC, a DBA, an EIN, a state employer ID, a business license, and adult business zoning. With the paperwork done, the fun part begins: serving your first customers.

We can file your seller's permit and the other registrations for you: start here.