Chapter 5.05 BUSINESS LICENSES

The purpose of this chapter is to provide for the regulation of all business activities within the city where authorized by statute. [Code 1988 § 4-1-2].

5.05.030 License required – Exceptions.

It shall be unlawful for any person, firm, or corporation to maintain, carry on or engage in any business, trade, service or profession; or to hold himself or itself out to the public for such purpose without first procuring a license to do so from the city; provided, that the city council may, upon appeal, waive the license requirement where in the opinion of the city council the business activity qualifies as an exception as hereinafter set forth:

A. Commercial activities which in the opinion of the city council are of an infrequent nature and carried on at such an incidental level as to not require regulation by the city.

B. Firms providing incidental delivery of goods purchased by residents from locations outside of the city. Also, wholesale firms delivering supplies and materials to established businesses within the city.

C. Agricultural enterprises producing commodities for sale on the premises.

D. Any business operated solely for religious, charitable, eleemosynary or other type of strictly nonprofit purpose, which is tax exempt in such activities under the laws of the United States and the state of Utah.

E. Any person engaged in a business specifically exempted from municipal taxation and fees by the laws of the United States or the state of Utah.

F. Any business activity conducted in city-owned facilities for which a concession license shall have been issued. [Code 1988 § 4-1-3.1].

5.05.040 Application of business regulations.

This chapter shall apply to all persons, firms, or corporations engaged in business, trade, service, or profession, who conduct the business operation from (A) a separate structure or location within the city, (B) a home location subject to prior approval as a home occupation, or (C) an automobile or other type of mobile unit. The provisions of this chapter relating to the operation or conduct of a business activity shall be applicable whether or not a business license is required. [Code 1988 § 4-1-3.2].

5.05.050 Separate licenses required for each business – Exceptions.

Separate licenses shall be required for each of the businesses even though conducted by the same person, firm, or corporation; provided, however, in those cases where related businesses are combined and conducted by the same person, firm, or corporation on the same premises, and in such a manner that it is reasonable to consider the same as one business, the city council may, upon application of the licensee, make such adjustment in the license fee as it may find to be equitable, but in no event shall the license fees for each business be less than the fee for any one of the combined businesses. [Code 1988 § 4-1-3.2].

5.05.060 License to be displayed.

Every license issued under this chapter shall be posted by the licensee in a conspicuous place upon the wall of the building, room, or office of the place of business so that the same may be easily seen. If the licensee’s business is such that a license cannot be displayed due to the transient or mobile nature of the business, then the licensee shall carry the license on his person ready to be shown on request by an authorized officer during all such time or times while the licensee is engaged in or pursuing the business for which a license is granted. [Code 1988 § 4-1-3.3].

5.05.070 Transfer of license prohibited.

No license granted or issued under any chapter of the municipality shall be assigned or transferred to any other person. It shall not be deemed to authorize any person other than therein named to do business or to authorize any other business, calling, trade or profession than is therein named unless by permission of the city council. [Code 1988 § 4-1-3.4].

5.05.080 Temporary licenses.

Anyone doing business within the municipality for less than six months, including but not limited to auctioneers, door-to-door salesmen, etc., is required to first register with the city recorder and obtain a temporary license. It shall be a class C misdemeanor for anyone to engage in door-to-door solicitation or to conduct a public auction without a temporary license. [Code 1988 § 4-1-3.5].

5.05.090 Application for license.

Application for a business license shall be made in writing to the city recorder. Each application shall contain the following:

A. The name of the person desiring a license.

B. A description of the business, trade, service or profession proposed to be provided.

C. The address or location where such proposed business will be conducted.

D. The period of time for which the license is desired.

E. Payment of the initial license fee. [Code 1988 § 4-1-4.1].

5.05.100 Action on application.

The city recorder shall consider the application for any permanent or temporary business license and shall promptly act to approve or disapprove said application.

If an application is disapproved, the applicant may appeal such decision to the city council.

If the city recorder encounters any question of legal sufficiency regarding the application, the recorder shall submit said application to the city council for decision by the city council to either approve or disapprove the application. [Ord. 2010-1; Ord. 2007-1; Ord. 2002-10. Code 1988 § 4-1-4.2].

5.05.110 Term of license – Date of expiration.

A. Temporary Licenses. Temporary licenses shall be for the period of time specified in the approved application and shall expire on the date set forth on the permit; provided, that no temporary permit shall be issued for a period longer than six months.

B. Permanent Licenses. The term of the business licenses for permanent business establishments shall be for a period of six months or such other time period as may be fixed by resolution of the city council. [Code 1988 § 4-1-5].

5.05.120 Renewal of permanent licenses.

Once approved by the council in accordance with HMC 5.05.090 and 5.05.100, licenses for permanent uses will be renewed for successive terms without further council action; provided, that payment of the license fee for the next term shall have been received by the city recorder prior to the date of delinquency as set forth in HMC 5.05.130 through 5.05.160 and the nature of the business activity has remained substantially unchanged from that approved by the council. [Code 1988 § 4-1-6].

5.05.130 City may assess business license fees – Amount of fees.

The city may assess fees for the purpose of regulation and to defray the cost of administration of this chapter and the provision of municipal services. The amount of fee charged shall be as set forth by resolution of the city council. All fees for new businesses shall be paid prior to the time the application is approved by the city council. [Code 1988 § 4-1-7.1].

5.05.140 Payment dates for renewal of annual licenses – Penalty for late payment.

License renewal fees for annual licenses shall be due on the fifteenth day of December and shall become delinquent if not paid prior to the last business day of the year. Any license fee not paid prior to the date of delinquency shall be assessed a penalty of 10 percent of the amount of such license fee. The amount of penalty shall be added to the original amount of the license and no license shall be issued until all penalties legally assessed have been paid in full. [Code 1988 § 4-1-7.2].

5.05.150 Licenses issued for new business.

Fees for licenses issued during the first four months of the year shall be for the full amount of the annual license. Fees for licenses issued during the last eight months of the year shall be prorated according to the number of months remaining in the year. [Code 1988 § 4-1-7.3].

5.05.160 Fee not to constitute undue burden on interstate commerce.

None of the license fees provided for by this chapter shall be applied as to occasion an undue burden on interstate commerce. [Code 1988 § 4-1-7.4].

5.05.170 License assessor and collector.

The city recorder is designated and appointed as ex officio assessor of license fees for the city. On approval of any application for a license, the recorder shall assess the amount due thereon and shall collect all license fees based upon the rate established pursuant to this chapter. The recorder shall enforce all provisions of this chapter, and shall cause to be filed complaints against all persons violating any of the provisions of this chapter. [Code 1988 § 4-1-8.1].

5.05.180 Nuisances.

No business, whether licensed or not, shall be conducted or operated so as to amount to a nuisance. [Code 1988 § 4-1-8.2].

5.05.190 Business to comply with other ordinances.

No business, whether licensed or not, shall be conducted, and/or no business license shall be issued for any business activity, if the premises and/or building to be used for the purpose do not fully comply with the requirements of all city ordinances. No such license shall be issued for the conduct of any business or performance of any act which would involve a violation of HMC Title 18 and any license so issued shall be null and void. [Code 1988 § 4-1-8.3].

5.05.200 Inspection.

Whenever inspections of the premises used for or in connection with the operation of a licensed business or home occupation are required or considered reasonably necessary to secure compliance with any provision of this chapter or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to be inspected to admit thereto, for the purpose of making the inspection, any officer or employee of the city or other governmental unit who is authorized or directed to make such inspection at any reasonable time that admission is requested.

In addition to any other penalty which may be provided, the mayor may revoke the license of any licensed proprietor of any business in the city who refuses to permit any such authorized officer or employee to make the inspection, or who interferes with such officer or employee while in the performance of his duty in making such inspection; provided, that no license shall be revoked for cause unless written demand is made upon the licensee or person in charge of the premises, in the name of the city or governmental unit, stating that such inspection is desired at the time it is sought to make the inspection. [Code 1988 § 4-1-8.4].

5.05.210 Revocation or denial of license – Notice – Procedure.

Any license issued pursuant to the provisions of this chapter may be suspended or revoked and any request for renewal of such license denied by action of the city council because of:

A. The failure of the licensee or applicant to comply with the conditions and requirements of this chapter or any applicable ordinance of the city.

B. Unlawful activities conducted or permitted on the premises where the business is conducted.

C. The premises and/or the business activity is kept or conducted in an illegal, disorderly, unsanitary, hazardous or ill-governed manner.

Prior to consideration of any action to suspend or revoke a license or to deny a request to renew a valid license, the city council shall provide a written notice to the licensee of its intent to consider the matter. Said notice shall be mailed or otherwise delivered to the licensee not less than 10 days prior to the date of the hearing and shall state the grounds of the complaint against the holder of such license and the time and place where the hearing shall be held. The licensee shall have the right to appear at the hearing and to present evidence as to why the license should not be suspended or revoked or the renewal denied.

In case any license is suspended such suspension shall be for a period of not less than 15 days nor more than six months. In the case any license is suspended or revoked no part of the license fee shall be returned and it shall be thereafter unlawful for any person to conduct any business on the premises described in the revoked or suspended license until the old license is reinstated or a new license is issued by the city council.

The revocation of the license shall be in addition to any penalty which may be assessed pursuant to HMC 5.05.230. [Code 1988 § 4-1-8.5].

5.05.220 Notice not required for denial of new applications for licenses.

HMC 5.05.210 shall not apply to applications for licenses for businesses which have not previously been licensed by the city, and such applicants need only be informed that their application has been denied. [Code 1988 § 4-1-8.5].

5.05.230 Penalty.

Violation of any provision of this chapter shall be a class B misdemeanor. [Code 1988 § 4-1-9].

Statutory Authority: Sections 10-8-4, 10-8-39, 10-8-40, and 10-8-80, Utah Code Annotated 1953.

Chapter 5.051BUSINESS LICENSES

5.05.010 Title.

5.05.020 Purpose.