Chapter 5.05
BUSINESS LICENSES
Sections:
5.05.020 Unlawful to operate without license.
5.05.030 No temporary licenses.
5.05.080 Inspections for code compliance – Notice of infraction – License revocation – Complaints.
5.05.090 Issuance of license certificate.
5.05.110 Duty to display license.
5.05.120 Branch establishments.
5.05.140 Business license fee imposed.
5.05.150 Exceptions to business revenue license fee.
5.05.160 License fees declared to be a debt.
5.05.170 Fee payments, renewals, and penalty.
5.05.180 Renewal billing procedure.
5.05.200 Denial of application for new license.
5.05.210 Suspension and revocation.
5.05.010 Definitions.
As used in this chapter:
“Business” means a distinct and separate person engaging in business, as those terms are defined herein. A business is distinguished from another business by separate state sales tax numbers or separate ownership.
“Business License Administrator” means either the City Recorder or Treasurer of the City of Francis.
“City” means the City of Francis.
“Council” means the City Council of the City of Francis.
“Engaging in business” means and includes all activities engaged in within the City limits of the City of Francis carried on for the purpose of gain or economic profit, except that the acts of employees rendering service to employers shall not be included in the term “engaging in business” unless otherwise specifically prescribed. “Engaging in business” includes, but is not limited to, the sale or rental of tangible personal or real property at retail or wholesale, the manufacturing of goods or property, and the rendering of personal services for others for a consideration by persons engaged in any profession, trade, craft, business, occupation or other calling.
“Hearing body” means the Council or any person or body designated by the Council to hold a hearing in behalf of the City of Francis.
“Licensee” means any person holding any business revenue license in connection with the operation of a place of business.
“Mayor” means the Mayor of the City of Francis.
“Nonprofit corporation” means a nonprofit cooperative association or a corporation, no part of the income of which is distributable to its members, trustees or officers.
“Person” means any individual, receiver, assignee, trustee in bankruptcy, trust, estate, firm, partnership, joint venture, club, company, business trust, corporation, association, society or other group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise.
“Place of business” means each separate location maintained or operated by a person within the City of Francis at which a person is engaging in business. A location shall be identified by street address or by building name if a street address has not been assigned.
“Recorder” means the City Recorder of the City of Francis.
“Unit” means any separately rented portion of a hotel, motel, condominium, apartment building, single-family residence, duplex, triplex, or any residential dwelling without limitation. (Ord. 2015-05 § 1, 2015; Ord. 57 § 57-1, 1990.)
5.05.020 Unlawful to operate without license.
Unless exempted by state or federal law or by this chapter, it shall be unlawful for any person to engage in business within the City, whether on a temporary or permanent basis, without first procuring the license required by this chapter. All licenses issued under the provisions of this chapter are nontransferable. (Ord. 2015-05 § 1, 2015; Ord. 57 § 57-2, 1990.)
5.05.030 No temporary licenses.
Any person engaging in business on a temporary basis within the City shall be required to obtain the license required by this chapter in the same manner and shall be subject to the same fees as a person engaging in business on a permanent basis within the City. (Ord. 2015-05 § 1, 2015; Ord. 57 § 57-3, 1990.)
5.05.040 License application.
Applications for business licenses shall be made in writing to the Business License Administrator. Each application shall state the name of the applicant, the location of the business, if any, the fee to be paid, the name and address of the business agent who is authorized to receive service of process and any communication regarding the applicant’s license, state sales tax reporting number, state contractor’s license number, if applicable, and shall contain such additional information as may be needed for the purpose of guidance to the Business License Administrator in issuing the license. Any change in the above information furnished by the applicant shall be forwarded in writing, within 10 days from the change, to the Business License Administrator. License application forms shall be prepared and kept on file by the Business License Administrator. (Ord. 2017-04 § 1, 2017; Ord. 2015-05 § 1, 2015; Ord. 57 § 57-4, 1990.)
5.05.050 Application fees.
Each license application shall be accompanied by the license fee required to be paid for the issuance of the license desired as set forth in the current version of the Francis City Fee and Rate Ordinance. Fees for new business licenses issued after July 1st shall be charged half of the applicable annual fee. (Ord. 2017-04 § 1, 2017; Ord. 2015-05 § 1, 2015; Ord. 57 § 57-5, 1990.)
5.05.060 Refund of fee.
Unless otherwise provided herein, no license fee is refundable for any reason whatsoever, once the license has been issued, except when the license was issued in error. If a license is denied, the applicant shall be entitled to a refund of the amount paid in excess of $25.00. The sum of $25.00 shall be retained to offset application processing costs. (Ord. 2015-05 § 1, 2015; Ord. 57 § 57-6, 1990.)
5.05.070 Investigation.
After receipt by the Business License Administrator of a license application, the Business License Administrator or the Mayor has the discretion to refer the application for investigation to any law enforcement agency. (Ord. 2017-04 § 1, 2017; Ord. 2015-05 § 1, 2015; Ord. 57 § 57-7, 1990.)
5.05.080 Inspections for code compliance – Notice of infraction – License revocation – Complaints.
1. Prior to the issuance of a license to engage in a new business not previously licensed at that location, the applicant may be required to permit inspections to be made of the prospective place of business of the applicant by the appropriate departments of the City or other governmental agency to ensure compliance with building, fire, and health codes. No license shall be granted unless any required inspections reveal that the prospective place of business is in substantial compliance with the applicable building, fire, and health codes.
2. Existing places of business licensed within the City may be inspected periodically by departments of the City for compliance with building, fire, and health codes. Written notice shall be given by the Business License Administrator to a licensee upon the finding of any code infractions, which notice shall provide for a reasonable period not to exceed 60 days in which to correct such infractions, the failure of which may result in the suspension or revocation of the license by the Council.
3. The Mayor may request that legal counsel for the City initiate civil or criminal proceedings against any applicant or any licensee who continues to conduct business beyond the time limits provided in this section when not in compliance with the required standards. (Ord. 2017-04 § 1, 2017; Ord. 2015-05 § 1, 2015; Ord. 57 § 57-8, 1990.)
5.05.090 Issuance of license certificate.
If the applicant meets all the requirements for the issuance of a license under this chapter, the Business License Administrator and the Mayor shall approve the license application and the Business License Administrator shall issue to the applicant a business license certificate. All license certificates shall be signed by the Business License Administrator and the Mayor, under the seal of the City (signatures may be placed mechanically), and contain the following information:
1. The name of the person or business to whom the certificate has been issued;
2. The type of license;
3. The term of the license with commencement and expiration dates; and
4. Any special conditions placed on the business license by the City. (Ord. 2017-04 § 1, 2017; Ord. 2015-05 § 1, 2015; Ord. 57 § 57-9, 1990.)
5.05.100 License period.
New and renewed license certificates shall be valid through December 31st of the year issued or renewed unless suspended or revoked pursuant to this chapter. (Ord. 2015-05 § 1, 2015; Ord. 57 § 57-10, 1990.)
5.05.110 Duty to display license.
Every licensee licensed pursuant to the provisions of this chapter shall keep its license displayed and exhibited while the same is in force in some conspicuous part of the licensee’s place of business. Every licensee not having a fixed place of business shall carry the license with it at all times while engaging in the business for which the license is issued and shall produce the license for inspection when requested to do so by any person. (Ord. 2015-05 § 1, 2015; Ord. 57 § 57-11, 1990.)
5.05.120 Branch establishments.
A separate license must be obtained for each branch establishment or separate location in which business is engaged within the City, as if the branch establishment or location were a separate business, and each license shall authorize the licensee to engage only in the business licensed thereby at the location or in the manner designated in the license; provided, that warehouses and distribution places used in connection with or incident to a business licensed under this chapter shall not be deemed to be separate places of business or branch establishments. (Ord. 2015-05 § 1, 2015; Ord. 57 § 57-12, 1990.)
5.05.130 Separate businesses.
Where two or more persons conduct separate businesses at the same location, each person shall obtain a separate license for each business and pay the required license fee for each business. (Ord. 2015-05 § 1, 2015; Ord. 57 § 57-13, 1990.)
5.05.140 Business license fee imposed.
Each licensed business shall pay an annual fee to the City in an amount set forth in the current version of the Francis City Fee and Rate Ordinance. (Ord. 2017-04 § 1, 2017; Ord. 2015-05 § 1, 2015; Ord. 57 § 57-14, 1990.)
5.05.150 Exceptions to business license fee.
No business license fee shall be imposed under this chapter upon the following persons or businesses:
1. A person engaged in business for solely religious, charitable, or other types of strictly nonprofit purposes who is tax exempt in such activities under the laws of the United States or the state of Utah; a person engaged in a business specifically exempted from municipal taxation and fees by the laws of the United States or the state of Utah; a nonprofit corporation duly incorporated according to the provisions of the Utah Nonprofit Corporation and Cooperative Association Act; any person not maintaining a place of business within the City who has paid a like or similar business revenue license tax or fee to some other taxing unit within the state of Utah, and which taxing unit exempts from its license tax or fee, by reciprocal agreement or otherwise, businesses domiciled in the City and doing business in such taxing unit.
2. A person exhibiting goods for sale concurrent with and as an adjunct to a group display, meeting or convention duly authorized to be held; provided, that the convention is duly licensed under all applicable ordinances.
3. A person who sells his own property which was not acquired for resale, barter, or exchange and who does not conduct such a sale or act as a participant by furnishing goods in such a sale more than twice during any calendar year. Each person seeking this exemption shall furnish to the Business License Administrator an accurate list with the names, addresses, and telephone numbers of all persons contributing items to the sale. The list shall be filed with the Business License Administrator at least 10 days prior to the sale; and
4. A person who obtains an exemption from the Council by petitioning the Council for a waiver of the fee. (Ord. 2017-04 § 1, 2017; Ord. 2015-05 § 1, 2015; Ord. 57 § 57-18, 1990.)
5.05.160 License fees declared to be a debt.
Any license fee due and unpaid under this chapter and all penalties thereon shall constitute a debt to the City and may be collected by court proceedings in the same manner as any other debt, which remedy shall be in addition to all other existing remedies. (Ord. 2015-05 § 1, 2015; Ord. 57 § 57-19, 1990.)
5.05.170 Fee payments, renewals, and penalty.
1. The annual business license fee provided in this chapter shall be due and payable to the Business License Administrator on or before the first day of January of each year for renewals of licenses for businesses which were licensed for the preceding year. Business licenses for previously unlicensed businesses shall be paid for and issued in accordance with FCC 5.05.100.
2. If the renewal license fee is not paid on or before January 31st of the year in which the renewal license is to be issued, there shall be a penalty for late payment of $25.00. A license issued for the preceding year shall be deemed valid through January 31st of the succeeding year. When payment of the fee necessary for the issuance of a renewal license has not been paid by January 31st, the license issued for the preceding year shall be deemed expired, unless late payment has been authorized by the Business License Administrator.
3. Any previously licensed business cited for engaging in business in violation of this chapter shall have five days from the date of citation to come into compliance with this chapter. Failure of the licensee to reach compliance within five days of the date of citation will subject the licensee to all applicable civil and criminal penalties. (Ord. 2017-04 § 1, 2017; Ord. 2015-05 § 1, 2015; Ord. 57 § 57-20, 1990.)
5.05.180 Renewal billing procedure.
On or before December 15th of each year, the Business License Administrator shall send a statement to each current licensee within the City, which statement shall be upon forms calling for the payment of the applicable business license fee. (Ord. 2017-04 § 1, 2017; Ord. 2015-05 § 1, 2015; Ord. 57 § 57-21, 1990.)
5.05.190 Criminal penalty.
Any person that intentionally, knowingly, or recklessly violates any provision of this chapter shall be guilty of a class B misdemeanor, punishable by a term in jail not exceeding six months and/or a fine not exceeding $1,000. (Ord. 2015-05 § 1, 2015; Ord. 57 § 57-23, 1990.)
5.05.200 Denial of application for new license.
1. The Business License Administrator may deny a business license to an applicant for a new license if:
a. The license application does not contain all of the required information;
b. The application fee is not paid;
c. The premises to be licensed do not comply with the applicable zoning regulations and building codes in force at the time of application;
d. The applicant intentionally misrepresents or conceals information required by the application for the license;
e. The proposed premises do not meet health codes, and the applicant does not provide reasonable assurances that the premises will be brought into compliance upon approval of the license;
f. The applicant holds other licenses under this chapter which are not in good standing.
2. An applicant who is denied a new license under this provision has the right to appeal that decision to the Council. An aggrieved applicant shall have the right to file a written appeal with the Council and to appear before the Council in person with counsel. An appeal must be filed with the Council within 30 days of the denial of the application. In any appeal, the Council may affirm the denial, order that a license be issued, or take any other action it deems justified under the circumstances. (Ord. 2017-04 § 1, 2017; Ord. 2015-05 § 1, 2015; Ord. 57 § 57-24, 1990.)
5.05.210 Suspension and revocation.
1. Licenses issued under this chapter may be suspended or revoked by the City for the following reasons:
a. The licensee, its agent, or its employee, during the license period, intentionally, knowingly, or recklessly engages in, solicits, requests, commands, encourages, or aids another person to engage in criminal conduct at the licensed premises;
b. The licensee, its agent, or its employee has been convicted during the license period of any criminal offense for conduct relating to the business for which the license was issued;
c. The business, during the license period, constitutes a nuisance as defined in state or City code;
d. The business, or its owners or operators, fails to comply with any conditions of its business license or any provisions of the Francis City Code or Utah Code.
2. Upon receiving a written complaint from any person alleging a violation by a licensee, its agent, or its employee of any provision of this chapter that may provide a basis for suspension or revocation of a license issued under this chapter, the City Planner, or a person or body designated by the City Planner, with the assistance of such departments of the City or other governmental agencies as the City Planner deems necessary, shall investigate the complaint. Upon completion of the investigation, the City Planner may either dismiss the complaint or issue an order to show cause why the license should not be suspended or revoked.
3. An order to show cause issued by the City Planner shall include the following:
a. A statement of the factual and legal grounds for the proposed action;
b. An affidavit of the City Planner setting forth the factual grounds for the proposed action;
c. The date of the administrative hearing before the Council or other administrative hearing body designated by the Council.
4. A hearing on the order to show cause shall, within 30 days of receipt by the Council of a request for hearing by the licensee, be held before the Council or any person or body designated by a majority of the Council to hear the matter. Request for hearing by the licensee must be filed with the Council within 30 days of service of the order to show cause on the licensee; otherwise, the right to hearing is deemed waived.
5. In all administrative license revocation or suspension proceedings, a hearing shall be conducted as follows:
a. The hearing body shall elect a presiding officer who shall regulate the course of the hearing to obtain full disclosure of relevant facts and to afford all parties a reasonable opportunity to present relevant evidence and legal arguments.
b. The Utah Rules of Evidence and the Utah Rules of Civil Procedure shall not apply except as specifically provided herein, and the presiding officer shall not exclude evidence solely because it is hearsay. However, the hearing body shall not base a suspension or revocation solely on hearsay.
c. The hearing shall be recorded electronically or by certified shorthand reporter. The record created shall be preserved by the Council for a minimum of one year and may be destroyed after that time only if it is clear that no court proceedings or further administrative proceedings will be held concerning the matters which are the subject of the hearing. The recording may be transcribed at the request of any party, and at the expense of the requesting party.
d. All testimony presented at the hearing shall be given under oath administered by a person duly authorized to administer oaths.
e. The licensee shall have the right to appear at the hearing in person or by counsel, or both.
f. Subpoenas and other orders to secure the attendance of witnesses or the production of evidence shall be issued by the hearing body upon the request of any party or upon the motion of the hearing body.
g. Any prehearing discovery shall be conducted by the parties pursuant to the Utah Rules of Civil Procedure.
h. The standard of proof for any action adverse to the licensee shall be proof by a preponderance of the evidence.
i. The City Planner or the City’s legal counsel shall present evidence and legal arguments in support of the order to show cause issued by the Mayor.
6. After the conclusion of the hearing, or upon the running of the time period prescribed for the filing of a request for hearing by the licensee, the hearing body shall issue findings of fact, conclusions of law, and an order. The order entered by the hearing body may be to (a) dismiss the action against the licensee; (b) suspend the license for a specific period not exceeding one year; (c) place the licensee on probation with conditions designated by the hearing body and for a specific period not exceeding one year; or (d) permanently revoke the license. The order shall be entered in the approved minutes of the Council.
7. Any licensee aggrieved by an order of the hearing body may seek review of the order in the district court. A petition for review must be filed in the district court within 30 days of the date the order is entered in the approved minutes of the Council.
8. The City and the licensee may enter into a consent agreement for administrative action against the licensee without a hearing or ruling by the hearing body. If such a consent agreement is entered into, the licensee waives its right to a hearing or ruling by the hearing body, and the consent agreement is deemed as a withdrawal of any prior request of the licensee for a hearing. (Ord. 2015-05 § 1, 2015; Ord. 57 § 57-25, 1990.)