Chapter 5.05 BUSINESS LICENSES

There is created the Naples City license department which shall function directly under and be responsible to the mayor and city council. [Ord. 87-34 § 9-01-001, 1987.]

5.05.020 Purpose of chapter.

This chapter is designed and enacted for the purpose of promoting the safety, health and prosperity, improving the morals, peace, good order, comfort and convenience of the city and the inhabitants thereof, protecting property therein and regulating various types of businesses and activities defined in this chapter and raising revenue therefrom. [Ord. 87-34 § 9-01-002, 1987.]

5.05.030 License required.

It shall be unlawful for any person to engage in or carry on or operate any business in Naples City without first making application for and obtaining a license from the city for such business, and by paying in advance the license fee required therefor as provided in this chapter. [Ord. 87-34 § 9-01-003, 1987.]

5.05.040 Transferability.

No license granted or issued under any of the provisions of any ordinance of the city shall be in any manner assignable or transferable or authorize any person other than the person therein mentioned or named to do business, or authorize any other business than is therein mentioned or named to be done or transacted; provided, that any person to whom one or more licenses have been issued to transact or carry on some business at a definite location in the city may, except as hereinafter provided, make application for the transfer of any or all of his licenses for the sole purpose of transacting or carrying on the same business as is therein mentioned at some other definite location in the city by himself, by filing the application with the council. The council, after receiving reports furnished by the license director, the marshal and the health authorities, may, in their discretion, deny or grant the transfer of any or all of the licenses strictly within the limitations set out in this section. [Ord. 87-34 § 9-01-004, 1987.]

5.05.050 Rules and regulations.

Rules and regulations covering health, safety, morals, peace, good order, comfort and convenience of the general public with respect to any business covered under this chapter may be adopted by the city council and copies of such rules and regulations shall be made available to and displayed by the licensees affected thereby in a conspicuous place upon the licensed premises. [Ord. 87-34 § 9-01-005, 1987.]

5.05.060 Applications for licenses.

All applications for licenses shall be made in writing and submitted to the license department upon a prepared form which may be obtained from the department. [Ord. 87-34 § 9-01-006, 1987.]

5.05.070 Contents of application.

Each application shall show the following:

(1) The name and address of the person desiring a license. If the applicant is a copartnership, the names and addresses of the partners, and if a corporation, the names and addresses of all officers and directors;

(2) The kind of license desired, stating the business to be performed, practiced or carried on;

(3) The class of license desired, if such licenses are divided into classes;

(4) The place where such business is to be carried on, giving the street number, if such business is to be carried on in any building or enclosure or stated location;

(5) The period of time for which such license is desired to be issued;

(6) The actual cash value of the business sought to be licensed;

(7) Such other facts and information as may be required by ordinance, the statutes of the state and the city council;

(8) Provided further, that a written application for a renewal of a license may or may not be required at the option of the licensing department. [Ord. 87-34 § 9-01-007, 1987.]

5.05.080 Filing of application – Fee.

Each application for a license under this chapter shall be filed by the applicant with the license department and shall be accompanied by the license fee required to be paid for the issuance of the license desired. The fee may be in the form of cash or check made payable to Naples City. Applications received by the license department shall be numbered in the order of their receipt and shall be filed in numerical sequence in the license department. [Ord. 87-34 § 9-01-008, 1987.]

5.05.085 Reciprocal recognition of licenses.

No license fee shall be required by Naples City for any business whose only business activity in the city is the mere delivery of a service or of merchandise sold or provided by them and whose regular place of business is located, licensed and maintained within unincorporated areas of Uintah County or the cities of Vernal or Ballard, where:

(1) Such business or person is at the time of such delivery or service licensed by any of the above listed entities in which such place of business is situated; and

(2) The authority licensing such business grants to licensees of Naples City making delivery within its jurisdiction the same privileges, upon substantially the same terms as are granted by this section; and

(3) Neither the facilities or equipment by which the product was manufactured, produced or processed are subject to inspection by any authority of Naples City for compliance with locally adopted health, safety, fire and building codes; and

(4) The person of business providing a service or merchandise within Naples City shall provide a copy of said license to the licensing clerk of Naples City, and upon receiving such evidence of licensing, the city shall issue a Naples City business license and waive all license fees; and

Notwithstanding any of the above, should a business operate a facility in Naples City, as defined herein, whereby business activities are carried on, said business will be required to pay Naples City license fees, in addition to any fees required by any other entity.

(5) Definition. “Facility” means stationary buildings or trailers, pipelines, oil derricks, storage tanks supported directly upon grade, pump jacks, storage yards, compressor stations, relay towers, transmission lines. [Ord. 93-63 § 11-01-016, 1993.]

5.05.090 Applications referred to license department.

After receipt of an application for a license such application shall be submitted to the city council at its next regular meeting unless, in the opinion of the license director, or as required hereby, the application is or should be referred to the marshal, health authorities, fire department or other official body for investigation. [Ord. 87-34 § 9-01-009, 1987.]

5.05.100 Investigation.

Within 10 days after receipt by the license department of such application for a license, the mayor or city council in its discretion may refer the application to the fire department, health authorities, marshal, or other official or body for the purpose of investigation and inspection concerning the general reputation or character of the person making the application or directly interested therein; the general reputation of those who patronize the business; the nature or kind of applicant’s business; whether such place is or has been conducted in a lawful, quiet, orderly and helpful manner; the conditions of health and safety of such premises, together with the other fact or facts which the mayor or city council should know in acting upon the application. [Ord. 87-34 § 9-01-010, 1987.]

5.05.110 Report of investigation.

Upon being requested to do so by the mayor or city council or the license director, the marshal, health authorities, fire department or other official or body shall conduct the investigation and inspection provided for in this code and within five days after receiving such request submit to the mayor or city council or license director a report on such investigation and inspection, together with recommendations as to whether the license should be granted or denied. [Ord. 87-34 § 9-01-011, 1987.]

5.05.120 Action of the council.

After receipt of the report and recommendation of the marshal, health authorities, fire department or other official body, the city council shall act upon the application as it shall deem just and proper in regard to granting or denying the same, or may order further information or investigations concerning the same. [Ord. 87-34 § 9-01-012, 1987.]

5.05.130 Approval of application.

In the event the city council shall approve any application for a license, such approval shall be endorsed on the application and signed by the mayor and forwarded to the license director who shall forthwith issue a license certificate therefor. [Ord. 87-34 § 9-01-013, 1987.]

5.05.140 Denial of application.

In the event the city council shall deny any application for a license, the reason therefor shall be endorsed on the application by the mayor, and the city recorder shall return the fee deposited with the application to the applicant forthwith, together with notice that the applicant may appear before the city council for the purpose of presenting reasons for setting aside such denial. If applicant makes such appearance and presents adequate justification, the council may, in its discretion, set aside the denial and approve the application. [Ord. 87-34 § 9-01-014, 1987.]

5.05.150 Payment of fees – License period.

All licenses provided for in this chapter shall, except as hereinafter provided, be payable annually in advance commencing January 1st of each year and, unless revoked as provided in this chapter, shall be effective through the following December 31st, unless otherwise provided herein. A license for any business to be established may be issued at any time during the year. In the event a business fails to renew a license by January 31st of any year, a late fee of $25.00 shall be collected before issuance of a new license. [Ord. 87-34 § 9-01-015, 1987.]

5.05.160 Inspections.

Nonconsensual, nonemergency searches of the nonpublic portions of licensed businesses shall be pursuant to an appropriate search warrant. Searches of premises covered by specific provisions of the Utah Code Annotated or regulations adopted thereunder shall be made as provided for in such code or regulation. [Ord. 87-34 § 9-01-016, 1987.]

5.05.170 License certificates – Contents.

Every certificate of license shall bear upon its face the following:

(1) The name of the person to which such certificate has been issued;

(2) The amount paid for such license;

(3) The kind of license and the class of such license;

(4) The term of the license with the commencing date and the date of its expiration;

(5) The place or places where such business is to be carried on;

(6) The signature of the mayor attested by the city recorder. [Ord. 87-34 § 9-01-017, 1987.]

5.05.180 Posting of certificates.

(1) Every certificate of license issued shall be posted by the licensee in a conspicuous place upon the wall of the building, room or office of the store or place in which such licensed business is carried on, so that the same may be easily seen.

(2) When such certificates of license have expired, the licensee shall remove the same from the place in which it has been posted. [Ord. 87-34 § 9-01-018, 1987.]

5.05.190 Certificate to be shown to officials.

It shall be the duty of each and every person to whom a certificate of license has been issued to show the same at a proper time when requested to do so by the license director, marshal or their deputies or any law enforcement officer. [Ord. 87-34 § 9-01-019, 1987.]

5.05.200 Misuse of certificates.

It shall be unlawful to counterfeit a license certificate or to deface or mutilate the same while it is required to be posted in the licensed premises or upon any amusement device, contrivance, game or machine or vehicle required by this chapter to be licensed, or to remove it or attempt to remove it therefrom without destroying it, or use or permit the same to be used at any place other than that designated therein, or for any licensee to place or permit it to be placed or be in any other place of business or be upon one amusement device, contrivance, game, machine or vehicle after it has been placed in or upon another, or to place it or permit it to be placed in or upon any place of business, amusement device, game, machine or vehicle prohibited or declared to be unlawful by this chapter or any other ordinance or law. [Ord. 87-34 § 9-01-020, 1987.]

5.05.210 Business license classifications and fees.

Fees charged for business licenses and the classification of various classes of businesses shall be pursuant to resolution adopted by the city council. Any changes in classification or fee as applicable to a currently licensed business shall not be enforced until the current license expires. [Ord. 87-34 § 9-01-021, 1987.]

5.05.220 Reapplications.

A new application for license shall be filled out and submitted on behalf of existing businesses every third year. A new application shall be submitted any time the ownership or management of a business has changed during the preceding year or when the nature or size of the business has substantially changed during the preceding year. [Ord. 87-34 § 9-01-022, 1987.]

5.05.230 Beer licenses excluded.

It is further provided that this chapter does not extend to the license of taverns or beer parlors, which are covered by other ordinances. [Ord. 87-34 § 9-01-023, 1987.]

5.05.240 Violation – Penalty.

All persons violating the provisions of this chapter shall be guilty of an infraction and, upon conviction, be fined in a sum not to exceed $500.00. [Ord. 87-34 § 9-01-024, 1987.]