CHAPTER 1
BUSINESS LICENSES
Sections:
7-1-105 Procedure for Issuance of License.
7-1-304 Appeal to City Administrator.
7-1-305 Liability of Violator.
7-1-101 Purposes.
The purposes of the license requirements and regulations contained in this Title are to regulate and license businesses and occupations within the boundaries of the City; to maintain a current index of licensed businesses and occupations; and to raise revenues.
(1968 Code 5-1-1; 1979 Code 7-1-101; amended by Ordinance No. 6-88; Ord. No. 27-2016 (Exh. A), 12/06/2016)
7-1-102 Definitions.
For the purposes of this Title, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word “shall” is always mandatory and not merely directory.
(1) “Business” shall include all kinds of vocations, occupations, professions, enterprises, establishments, and all other kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for profit or private benefit, either directly or indirectly, on any premises in the City; provided, however, nothing herein shall be construed as to require any insurance company or insurance agent to obtain a license under this Title.
(2) “City License Officer” or “License Officer” is a person designated by the City Administrator.
(3) “Contractor” shall include all individuals and other entities defined as a contractor in Title 58A, Chapter 1a, Utah Code Annotated 1953, as amended.
(4) “Person” shall include individual natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, or corporations; or any officers, agents, employees, factors, or any kind of personal representatives of any thereof, in any capacity, acting either for themselves or for any other person, under either personal appointment or pursuant to law.
(5) “Premises” is meant to include all lands, structures, places and also the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to, or is otherwise used in connection with, any such business conducted on such premises.
(1979 Code 7-1-102; adopted by Ordinance No. 6-88; Ord. No. 27-2016 (Exh. A), 12/06/2016)
7-1-103 License Required.
(1) It shall be unlawful for any person, either directly or indirectly, to conduct any business or nonprofit enterprise, or to use in connection therewith any premises, machine or device, without a license therefor being first procured and kept in effect at all times as required by this Chapter. Obtaining a license under this Chapter shall not relieve any person from obtaining such other license or permit as may be required by this Title, Chapters 2 through 8.
(2) For purposes of this Title, a person shall be deemed to be in business or engaging in not-for-profit enterprise, and thus subject to the licensing requirements hereof, when they perform one (1) act of selling any goods or service, or soliciting business or offering goods or services for sale or hire, or acquiring any premises in the City for business purposes.
(3) The agents or other representatives of nonresidents who are doing business in the City shall be personally responsible for the compliance of their principals and of the businesses they represent with this Title.
(4) A license or licenses as required by this Title shall be obtained for each branch establishment or location of the business engaged in as if each such branch establishment or location were a separate business; provided, that associated warehouses and distributing plants located within the parcel boundaries used in connection with and incidental to a business licensed under provisions of this Title shall not be deemed to be separate places of business or branch establishments.
(5) A person engaged in two (2) or more businesses at the same location shall not be required to obtain separate licenses for conducting each of such businesses but may be issued one (1) license which shall specify on its face all such businesses.
(6) No license shall be required of any person for any mere delivery in the City of any property purchased or acquired in good faith from such person at their regular place of business outside the City where no intent is shown to evade the provisions of this Title.
(7) It shall be unlawful to operate a business on an expired license.
(8) Home businesses with little or no impact on residential areas that are identified by resolution “home office exemptions” will be exempt from licensure under this Title. The home office exemption list shall be maintained by the Community Development Director or designee.
(9) Individuals under the age of eighteen (18) shall also be exempt from licensure under this Title.
(1979 Code 7-1-103; adopted by Ordinance No. 6-88, amended by Ordinance No. 4-06, 13-06 & 31-2006; Ord. No. 27-2016 (Exh. A), 12/06/2016; Ord. No. 16-2017 § 1, 07/18/2017)
7-1-104 License Officer.
The City License Officer shall collect all license fees and shall issue licenses in the name of the City to all persons qualified under the provisions of this Chapter and shall:
(1) Promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this Chapter;
(2) Adopt all forms and prescribe the information to be given therein;
(3) Require applicants to submit all affidavits and oaths necessary to the administration of this Chapter;
(4) Submit all applications to interested City officials for their endorsements thereon as to compliance by the applicant with all City ordinances and regulations which they have the duty of enforcing;
(5) Investigate and determine the eligibility of any applicant for a license as prescribed herein;
(6) Examine the books and records of any applicant or licensee when reasonably necessary to the administration and enforcement of this Chapter;
(7) Notify any applicant of the acceptance or rejection of their application and shall, upon refusal of any license or permit, at the applicant’s request, state in writing the reasons therefor and deliver them to the applicant.
(1979 Code 7-1-104; adopted by Ordinance No. 6-88, amended by Ordinance No 31-2006; Ord. No. 27-2016 (Exh. A), 12/06/2016)
7-1-105 Procedure for Issuance of License.
(1) Every person required to procure a license under the provisions of this Title shall submit a completed application for such license to the City License Officer. The application shall be in writing upon forms provided by the License Officer and shall contain such information as the License Officer shall deem reasonably necessary in enforcing this Title, including but not limited to:
(a) The name and proposed address of the applicant’s business;
(b) The name and contact information of the owner/partner/corporate officer/agent or other responsible party for the business;
(c) The name and contact information of the local manager;
(d) The type and term of business license being applied for with this application;
(e) Verification of compliance with all Federal and State requirements and regulations for the creation and operation of a business entity;
(f) A detailed description of the business and its operation; i.e., business activities, hours and days of operation, number of employees, gross floor area occupied, prior usage of buildings, number and location of regular and handicap parking spaces, existing signs information, emergency contact information, fire and burglar alarm agency and contact information, building owner contact information (if not owned by the business);
(g) All required information that may be listed in the following chapters of this Title; and
(h) An affidavit to be sworn to by the applicant affirming that the information included is true and correct, and that the business will be operated in accordance with all laws, ordinances, regulations, restrictions, conditions, and limitations applicable under Federal, State, County, district and local jurisdictions.
(2) The applicant for the renewal of a business license shall submit a completed application for such renewal to the City License Officer on a form provided by the License Officer. The form shall contain such information as the License Officer shall deem reasonably necessary in enforcing this Title including but not limited to such information as referred to in subsection (1) of this section. The License Officer shall investigate the completeness, accuracy, and eligibility of the applicant as described in subsection (3) of this section. The License Officer shall contact all licensees, with exception to those identified in Sections 7-1-103(8) and (9), a statement of the time of expiration of their license at least three (3) weeks prior to the date of such expiration; provided, that a failure to send such a notice, or the failure of a licensee to receive such a notice, shall not excuse the licensee from failure to renew their license or from payment of any late fees nor shall it be a defense in any action for operation without a license. One (1) notice of expiration shall be provided when the business license expires. No further renewal notices will be given.
(3) Upon completion of such investigation as the License Officer deems necessary to verify the completeness, accuracy, and eligibility of the Business License application, the License Officer shall notify the applicant of acceptance or rejection of the application. Incomplete applications and/or failure to meet or complete required inspections as listed in Section 7-1-301 within thirty (30) days of the date of application submittal may result in the denial of a business license. License fees shall be paid at the time the application is tendered to the Business License Office. Acceptance of fees and application does not guarantee issuance of a license. No person shall commence business until the license has been issued. If an application is rejected, the notice shall include a statement of the applicant’s right to appeal the decision of the License Officer to the Community Development Director. All such appeals shall be in writing and the Community Development Director shall, within ten (10) days of such an appeal, either affirm or reverse the decision of the License Officer. When the issuance of a license is denied and an action instituted by the applicant to compel its issuance, such applicant shall not engage in the business for which the license was refused unless a license is issued pursuant to a judgment ordering the same. Furthermore, the applicant will be entitled to a refund of all fees tendered except $25.00 due to expenses in processing the application.
(4) A duplicate license shall be issued by the License Officer to replace any license previously issued which has been lost, stolen, defaced, or destroyed upon the filing by the licensee of an affidavit sworn to by licensee attesting to such fact and paying to the License Officer of a fee in an amount set by resolution of the City Council.
(1979 Code 7-1-105; adopted by Ordinance No. 6-88, amended by Ordinance No. 4-06, 13-06, and 31-2006; Ord. No. 27-2016 (Exh. A), 12/06/2016; Ord. No. 16-2017 § 1, 07/18/2017)
7-1-106 Term of Licenses.
All licenses issued pursuant to this Title shall expire one (1) year from the last day of the month it was issued, unless the applicant applies for shorter term license, as follows:
(1) A two (2) week license which is valid for fourteen (14) consecutive days from the date of issuance if the applicant so desires.
(2) A quarterly license which is valid for ninety (90) consecutive days from the date of issuance if the applicant so desires.
(3) A semiannual license which is valid for one hundred eighty (180) consecutive days from the date of issuance, and is renewable upon application and qualification pursuant to this Title for a like term of one hundred eighty (180) days.
(4) A seasonal license which is valid for nine (9) consecutive months out of the calendar year in which it is issued, and is renewable from year to year upon application and qualification pursuant to this Title.
(1979 Code 7-1-106; adopted by Ordinance No. 6-88, amended by Ordinance No. 4-06; Ord. No. 24-2014 § 1, 12/16/2014; Ord. No. 27-2016 (Exh. A), 12/06/2016)
7-1-107 License Fees.
(1) The City Council may, from time to time, review and resolve to set business license fees pursuant to this Title.
(2) The fees for any license which may be required by this Title, Chapters 2 through 8, shall be as specified therein.
(3) The City License Officer shall issue a license as provided by this Chapter without the payment of any fee to any person or organization for the conduct or operation of a not-for-profit enterprise, either regularly or temporarily, upon determining that the applicant operates without private profit for a public, charitable, educational, literary, fraternal, or religious purpose.
(1979 Code 7-1-107; adopted by Ordinance No. 6-88; amended by Ordinance Nos. 6-90, 1-93, 8-98, 4-06, and 31-2006; Ord. No. 11-2011 § 1, 06/07/2011; Ord. No. 27-2016 (Exh. A), 12/06/2016)
7-1-108 Contents of License.
Each license issued under this Title shall have upon its face the following:
(1) The name of the licensee and any other name under which such business is to be conducted;
(2) The kind and address of each business so licensed;
(3) The term for which the license is valid and expiration date thereof;
(4) Such other information as the License Officer shall determine; and
(5) The signature of the License Officer.
(1979 Code 7-1-108; adopted by Ordinance No. 6-88, amended by Ordinance 31-2006; Ord. No. 27-2016 (Exh. A), 12/06/2016)
7-1-201 Duties of Licensee.
(1) Every licensee under this Title shall:
(a) Permit all reasonable inspections of their business and examinations of their books by public authorities so authorized by law;
(b) At all times comply with all laws, ordinances, and regulations applicable to such licensed business;
(c) Not engage in or permit forbidden, improper, or unnecessary practices or conditions which do or may affect the public health, morals, or welfare;
(d) Not conduct or operate the business so as to constitute a nuisance; and
(e) Not operate the business after expiration of the license and during the period the license is revoked or suspended.
(2) Every licensee under this Title shall post and maintain the license upon the licensed premises in a place where it may be readily seen by the public or carry such license on their person when they have no licensed business premises.
(1979 Code 7-1-201; adopted by Ordinance No. 6-88; Ord. No. 27-2016 (Exh. A), 12/06/2016)
7-1-202 Change of Location.
A licensee shall have the right to change the location of the license premises, provided they shall obtain written permission from the License Officer for such change of location and pay a change of location fee in an amount set by resolution of the City Council.
(1979 Code 7-1-202; adopted by Ordinance No. 6-88, amended by Ordinance No. 4-06; Ord. No. 27-2016 (Exh. A), 12/06/2016)
7-1-301 Inspection.
(1) The following persons are authorized to conduct inspections in the manner prescribed herein:
(a) The License Officer or designee shall make all investigations reasonably necessary to the enforcement of this Title.
(b) The License Officer or designee shall have the authority to order the inspection of licensees, their businesses and premises by all City officials having duties to perform with reference to such licensees, businesses or premises.
(c) The License Officer or designee shall inspect and examine businesses located in the City to enforce compliance with this Title.
(2) All persons authorized herein to inspect licensees and businesses shall have the authority to enter, with or without search warrant, at all reasonable times, the following premises:
(a) Those for which a license is required;
(b) Those for which a license was issued and which, at the time of inspection, are operating under such license; and
(c) Those for which the license has been revoked, suspended or has expired.
(3) Persons inspecting licenses, their businesses or premises as herein authorized shall report all violations of this Title or of other laws, ordinances, or regulations to the License Office and shall submit such other reports as the License Officer shall order.
(1979 Code 7-1-301; adopted by Ordinance No. 6-88; Ord. No. 27-2016 (Exh. A), 12/06/2016)
7-1-302 Notice to Comply.
(1) When the License Officer becomes aware of the violation by any licensee or business of any provision of this Title or of other law, ordinance, or Federal, State, County, district or local regulation, the License Officer shall issue the affected person a notice to comply.
(2) The notice to comply shall be in writing, shall be served on the person affected or their agent and shall notify the person affected of the specific violation or violations. In the absence of the person affected or their agent or employee, a copy thereof shall be mailed to the licensee at their last known address as shown on the records of the License Officer. The provisional order shall require compliance within fifteen (15) days of service.
(3) Upon written application by the person affected before expiration of the fifteen (15) day period for compliance, the Community Development Director shall order a hearing. Notice of such hearing shall be given the affected person as provided in subsection (2) of this section.
(4) Upon written application, or on their own motion, the Community Development Director shall have authority to extend the time for compliance, to grant a new hearing date, and to change, modify or rescind any order.
(5) The business license shall be terminated if no hearing is requested within the fifteen (15) day compliance period. Any order issued following hearing shall be a final order.
(1979 Code 7-1-302; adopted by Ordinance No. 6-88, amended by Ordinance No 31-2006; Ord. No. 11-2011 § 2, 06/07/2011; Ord. No. 27-2016 (Exh. A), 12/06/2016)
7-1-303 Revocation.
(1) The Community Development Director may suspend or revoke any license upon failure or refusal of the licensee to comply with any notice to comply.
(2) When the conduct of any licensee or their agent or employee is so inimical to the public health, safety and general welfare as to constitute a nuisance, the Community Development Director shall have authority to summarily order the cessation of business and the close of premises and to suspend or revoke the license. Unless waived in writing, within five (5) days after they have acted summarily, the Community Development Director shall conduct a special hearing for such action in respect to the summary order as may be therein determined. Notice of such hearing shall be given the affected person as provided in Section 7-1-302(2).
(3) Upon revocation or suspension no refund of any portion of the license fee shall be made to licensee, and they shall immediately cease all business at all places under such license.
(1979 Code 7-1-303; adopted by Ordinance No. 6-88; Ord. No. 27-2016 (Exh. A), 12/06/2016)
7-1-304 Appeal to City Administrator.
(1) Any person aggrieved by any decision of the Community Development Director pursuant to Section 7-1-105(3), pursuant to Section 7-1-303(1) if that person has requested a hearing by the Community Development Director, or pursuant to Section 7-1-303(2) shall have the right to appeal to the City Administrator by filing a written appeal within ten (10) days following the effective date of the decision appealed from. Such appeal shall set out a copy of the order or decision appealed from and shall include a statement of the facts relied upon to avoid such order.
(2) The City Administrator shall fix a time and place for hearing the appeal and shall give notice to appellant thereof as provided in Section 7-1-302(2). The findings of the City Administrator shall be final and conclusive.
(1979 Code 7-1-304; adopted by Ordinance No. 6-88; Ord. No. 27-2016 (Exh. A), 12/06/2016)
7-1-305 Liability of Violator.
The amount of any unpaid fee, the payment of which is required by this Title, shall constitute a debt due the City. The City Attorney shall, at the direction of the License Officer, institute civil suit in the name of the City to recover any such unpaid fee. No civil judgment or any act by the City Attorney, the License Officer, or violator shall bar or prevent a criminal prosecution for each and every violation of this Title.
(1979 Code 7-1-305; adopted by Ordinance No. 6-88; Ord. No. 27-2016 (Exh. A), 12/06/2016)
7-1-306 Penalty.
Any person who shall violate any of the provisions of this Title shall be guilty of a Class B misdemeanor, and upon conviction thereof shall be liable to punishment by a fine in an amount not to exceed $1,000.00, or by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment.
(1979 Code 7-1-306; adopted by Ordinance No. 6-88; Ord. No. 27-2016 (Exh. A), 12/06/2016)