Chapter 5.05 BUSINESS LICENSES

“Business” means and includes all activities engaged in within the incorporated limits of the city, carried on for the purpose of gain or economic profit, and for the purposes of this chapter shall include nonprofit corporations. The acts of employees rendering service to employers shall not be included in the term “business” unless otherwise specifically prescribed.

“City” means Eagle Mountain City, Utah.

“Commercial business” means any type of commercial activity or business located in a commercial, industrial, agricultural or airpark zone within Eagle Mountain City that does not meet the criteria for a home business. For the purposes of this chapter, model homes that contain a sales and/or engineering office and temporary or permanent sales trailers shall be considered commercial businesses.

“Commercial business license” is the type of license required for any commercial business as defined by this chapter.

“Employee” means the operator, owner, or manager of a place of business and any persons employed by such person in the operation of that place of business, in any capacity, and also any salesman, agent, or independent contractor engaged in the operation of that place of business, in any capacity.

“Engaging in business” means and includes, but is not limited to, the sale of intellectual or tangible personal property at retail or wholesale, the manufacturing of goods or property, and the rendering of personal services for others for consideration by persons engaged in any profession, trade, craft, business, occupation, or other calling, except the rendering of personal services by an employee to his or her employer under any contract of personal service.

“Home business” means any type of commercial activity or business conducted primarily out of a residence in any area of Eagle Mountain City which meets the criteria found in Chapter 17.65 EMMC, Home Businesses.

“Home business license” is the type of license required for any home business as defined by this chapter.

“License” or “permit” includes a renewal of a license or permit. Also, “license” includes a permit unless the context clearly requires otherwise.

“License office” means the Eagle Mountain City recorder’s office.

“License official” means the person designated by the mayor to process business license applications.

“Or” is used in both the conjunctive and disjunctive senses unless otherwise clearly required by the context.

“Peddler” means one who sells food, goods, wares, services, or commodities from place to place, without an appointment or invitation to the place of solicitation, and makes delivery of the product at the time of conduct or promises delivery at a future date. The time of collection of payment is immaterial. The term “peddler” shall include a person who sells flowers in a commercial zone. The term “peddler” includes all activities described as solicitation of sales or services door-to-door.

“Person” means any individual, corporation, limited liability company, general or limited partnership, joint venture, business trust, receiver, assignee for the benefit of creditors, trustee in bankruptcy, trust, estate, foundation, association, or any other form of organization, society, or other group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise.

“Place of business” means any location maintained or operated by a licensee within the incorporated limits of the city, from which any person engages in business. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.01.010); Ord. O-28-2004 § 1 (Exh. 1 § 6.01.010); Ord. 98-08 § 1 (Exh. 1 §§ 5.01.010, 5.11.010)].

5.05.020 Notices.

Any communication regarding a licensee’s or applicant’s license may be sent by mail, postage prepaid, or by facsimile transmission with a machine confirmation of transmittal (followed by mailing), and shall be deemed received by the addressee two days after mailing for mailed communications, or immediately upon transmission for facsimile communications. Any process concerning a license or application may, in addition to personal service or any other permitted method, be served via certified mail, return receipt requested, unless otherwise provided by law. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.01.020); Ord. O-28-2004 § 1 (Exh. 1 § 6.01.020); Ord. 98-08 § 1 (Exh. 1 § 5.01.020)].

5.05.030 Gender references.

Any reference to any gender shall include the masculine and feminine genders. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.01.030); Ord. O-28-2004 § 1 (Exh. 1 § 6.01.030); Ord. 98-08 § 1 (Exh. 1 § 5.01.030)].

5.05.040 Responsibility.

A reference to any person that is an organization shall not be deemed to limit responsibility to the organization itself or to relieve any other person of responsibility when acting on behalf of a person that is an organization. If more than one person is responsible for a duty under this chapter, such responsibility shall be joint and several. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.01.040); Ord. O-28-2004 § 1 (Exh. 1 § 6.01.040); Ord. 98-08 § 1 (Exh. 1 § 5.01.040)].

5.05.050 Fee payments – Delinquency penalties.

A. Unless otherwise specifically provided in a separate article in this chapter, all license fees required for licenses shall be paid annually by the licensee to the license office on or before the expiration date, and shall be effective for one year.

B. As a courtesy to licensees, the license official shall mail a statement of the time of expiration of the license held by the licensee three weeks prior to the date of such expiration to all licensees in the city. A failure to send out such notice or the failure of the licensee to receive it shall not, however, excuse the licensee from a failure to obtain a new license, or a renewal of a license, nor shall it be a defense in an action for operation without a license.

C. In the event renewal fees are not received at the license office by 45 days following the expiration, the licensee must reapply for a business license and pay a penalty of 25 percent of the fees due as part of the reissuance fee. In the event the renewal fees are not received at the license office by 75 days after the expiration, the licensee must reapply for a business license and pay a penalty of 100 percent of the fee due as part of the reissuance fee. The city council may, upon good cause shown, waive imposition of the penalties provided in this section.

D. Unless otherwise specified in this chapter, the penalty for a violation of any provision contained herein shall be a fee of $100.00. [Ord. O-18-2021 § 2 (Exh. A); Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.01.050); Ord. O-28-2004 § 1 (Exh. 1 § 6.01.050); Ord. 98-08 § 1 (Exh. 1 § 5.01.060)].

5.05.060 License application public records exceptions.

License applications shall be public records and information contained in them shall be public except for specific items of data that the licensee designates as proprietary information, or that the license official designates or classifies as private, controlled, or protected data consistent with the provisions of the Government Records Access and Management Act, Section 63-2-101 et seq., Utah Code Annotated 1953, or other applicable law. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.01.060); Ord. O-28-2004 § 1 (Exh. 1 § 6.01.060); Ord. 98-08 § 1 (Exh. 1 § 5.01.080)].

5.05.070 Filing false information prohibited.

It is unlawful for any person to knowingly file a license application containing false information, or any other information required to be submitted to the city in conjunction with a license application that is false. It is unlawful for any person to knowingly provide any false statement or information to any authorized official investigating any license matter. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.01.070); Ord. O-28-2004 § 1 (Exh. 1 § 6.01.070); Ord. 98-08 § 1 (Exh. 1 § 5.01.090)].

5.05.080 Purpose of licenses.

Licenses and issuance of a film permit under this chapter are required in order to facilitate business regulation in the exercise of police and regulatory powers of the city and to enhance the safety, privacy and security of the public. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-15-2011 § 2; Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.01.080); Ord. O-28-2004 § 1 (Exh. 1 § 6.01.080); Ord. 98-08 § 1 (Exh. 1 § 5.01.100)].

Article II. License Office and License Official

5.05.090 Office created – Personnel.

The license official shall have charge of the license office of the city and shall direct it subject to and in accordance with such terms and conditions as the city council deems appropriate. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.02.010); Ord. O-28-2004 § 1 (Exh. 1 § 6.02.010); Ord. 98-08 § 1 (Exh. 1 § 5.02.010)].

5.05.100 License official powers and duties.

The license official shall assess each licensee and permittee the license fees required by the provisions of this chapter and the applicable statutes of Utah, and shall receive all license fees required to be paid. The license official shall also keep and maintain a suitable index, properly alphabetized, containing the names of all licensees of each and every class to be assessed and of all miscellaneous licensees. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-15-2011 § 2; Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.02.020); Ord. O-28-2004 § 1 (Exh. 1 § 6.02.020); Ord. 98-08 § 1 (Exh. 1 § 5.02.020)].

Article III. License Required

5.05.110 Requirement of license.

Unless exempted by state or federal law, it is unlawful for any person to engage in or carry on or operate any business in the city, or to use any property to conduct business in the city, without first making application for and obtaining the required license or exempt permit from the city. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-15-2011 § 2; Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.03.010); Ord. O-28-2004 § 1 (Exh. 1 § 6.03.010); Ord. 98-08 § 1 (Exh. 1 § 5.03.010)].

5.05.120 Persons subject to licensing.

Whenever a license or permit is required for the maintenance, operation, or conduct of any business or establishment, or for doing business or engaging in any activity or occupation, any person shall be subject to the requirements if, by himself or herself or through an agent, employee, or partner, he or she holds himself or herself forth as being engaged in a business or occupation, or solicits sales or patronage, actively or passively, or performs or attempts to perform any part of such business or occupation in the city. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-15-2011 § 2; Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.03.020); Ord. O-28-2004 § 1 (Exh. 1 § 6.03.020); Ord. 98-08 § 1 (Exh. 1 § 5.03.020)].

5.05.130 Home business licenses.

Any type of commercial activity or business conducted primarily out of a residence in any area of Eagle Mountain City which meets the criteria found in Chapter 17.65 EMMC, Home Businesses, shall be required to obtain a home business license. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.03.030); Ord. O-28-2004 § 1 (Exh. 1 § 6.03.040)].

5.05.140 Commercial business licenses.

Any business located in a commercial, industrial, agricultural or airpark zone within Eagle Mountain City that does not meet the criteria for a home business – including model homes that contain a sales and/or engineering office, and temporary or permanent sales trailers – shall be required to obtain a commercial business license. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.03.040); Ord. O-28-2004 § 1 (Exh. 1 § 6.03.030)].

Article IV. Procedure for Obtaining License or Renewal

5.05.150 License application – Contents.

Applications for licenses and permits, including renewals, required by ordinance shall be made in writing to the license official of the city license office in the absence of provisions to the contrary. Each application shall state the name of the business, the name of the applicant, the permit or license desired, the location to be used, if any, the time covered and the fee to be paid, the legal name and address of the business agent residing in the city who is authorized to receive service of process and any communication regarding applicant’s license, and such additional information as may be needed for the guidance of the city officials in issuing or considering the permit or license. Additionally, confirmation of registration with the Utah State Department of Commerce in the form of an entity number, type of business, and expiration date shall be required where applicable. Any change in the above information furnished by the license applicant, whether such change occurs before or after the grant of any license or renewal, shall be forwarded, in writing, within 10 days of the change, to the license official.

Forms for all licenses and permits, and the application for them, shall be prepared and kept on file by the license official. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.04.010); Ord. O-28-2004 § 1 (Exh. 1 § 6.04.010); Ord. 98-08 § 1 (Exh. 1 § 5.04.010)].

5.05.160 License application fees and waiver.

Each application for a license under this chapter shall be accompanied by the license fee required to be paid for the issuance of the license described in the application. In addition to the regular required license fee, any applicant which shall have commenced doing business prior to obtaining a valid license shall be assessed a penalty fee. The penalty fee shall be equal to 25 percent of the regular license fee if the applicant has operated without a license for less than 30 days, and shall be equal to 100 percent of the regular license fee if the applicant has operated without a license for more than 30 days during the calendar year in question. The fee may be paid by cash or check made payable to the treasurer of the city or a certified cashier’s check or bond running in favor of the city and conditioned upon the payment of the license fee to the city in the event of the issuance of the license. Any license which has been issued pursuant to payment by means of a check or bond shall be void and of no force or effect if such check or bond is not honored.

A. Applications received by the license official shall be numbered in the order of their receipt.

B. The city license official may, under the conditions described below, waive the imposition of license penalty fees for:

1. New businesses which have located in the city and have not obtained a city business license; and

2. Existing businesses which have been licensed by the city and have been purchased, but the new owner did not reapply for a city business license.

C. The license official may waive such penalty fees only upon the following conditions:

1. The business makes application for a city business license within five working days after being notified by the city that such a license is required; or the business voluntarily makes application for a business license prior to notification by the city; and

2. The business has either been located in the city for less than two years or the purchase of the business occurred less than two years prior to the business application.

D. The license official may not, under any circumstances, waive the business license fee due the city for the current year or for prior years in which the business operated. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.04.020); Ord. O-28-2004 § 1 (Exh. 1 § 6.04.020); Ord. 98-08 § 1 (Exh. 1 § 5.04.020)].

5.05.170 Fees not refunded.

No license or permit fee, or any part of it, shall be refunded for any reason whatsoever, once the license has been granted or issued by the city. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-15-2011 § 2; Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.04.040); Ord. O-28-2004 § 1 (Exh. 1 § 6.04.040); Ord. 98-08 § 1 (Exh. 1 § 5.04.040)].

5.05.180 Application fee refunds.

If a license or permit application is denied for any reason, the applicant shall be entitled to a refund to the extent the amount that accompanied the application is in excess of $25.00. The sum of $25.00, or any lesser amount, shall be retained to offset the cost of processing the application. However, the city council may, in its discretion, refund the entire application fee if deemed appropriate under the circumstances. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-15-2011 § 2; Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.04.050); Ord. O-28-2004 § 1 (Exh. 1 § 6.04.050); Ord. 98-08 § 1 (Exh. 1 § 5.04.050)].

5.05.190 Investigation of applicant.

Upon receipt of an application for a license or permit, where ordinances of the city require an inspection or investigation before the issuance of such permit or license, the license official or his or her authorized representative or such other agency, including police officials and the planning and zoning division, as these ordinances specifically empower, shall complete the investigation within 15 days of the time the application was received by the agency or department. However, when adequate investigation requires additional time, for example, for correspondence with agencies or other sources of information outside the city, or when the license applicant is not ready to be inspected, the applicant shall be notified of the need for the additional time and such investigation shall be completed within 30 days, or as soon after as possible. The officer charged with the duty of making the investigation or inspection shall make a report on it, favorable or otherwise, within five days after making the investigation or inspection. The health inspector for the city shall, for the protection of health, make or cause to be made an inspection in regard to licenses in connection with the care and handling of food, the prevention of nuisances, and the spread of disease. The fire department shall make or cause to be made inspections relating to the safety of buildings or other structures used by applicants or licensed businesses. The license official or designee shall perform a records review and background investigation in conjunction with each submitted business license and use application that involves owners or employees of a business who will be working with minors. Internet-based background investigations are required for individuals operating or making application for businesses including, but not limited to, preschools, childcare, instruction classes, locksmiths, residential and commercial cleaning, massage therapy, photography, peddlers (door-to-door salespersons), and sexually oriented businesses regulated by Chapter 5.20 EMMC. All fees associated with background investigations shall be paid by the applicant in addition to the regular license application fee. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.04.060); Ord. O-28-2004 § 1 (Exh. 1 § 6.04.060); Ord. 98-08 § 1 (Exh. 1 § 5.04.060)].

5.05.200 Report of investigations.

Within five business days after being requested to do so by the license official, the appropriate police officials, health officials, fire department, or any other official or body so requested shall report on the investigation and inspection provided for in this article. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.04.070); Ord. O-28-2004 § 1 (Exh. 1 § 6.04.070); Ord. 98-08 § 1 (Exh. 1 § 5.04.090)].

5.05.210 License application action.

After receipt of the report and recommendations of police officials, health officials, fire department, or other official or body, the license official shall act upon the application under the standards for approval defined in this chapter and may order further information or investigation if probable cause exists to believe the information received by the license official is incomplete or inaccurate. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.04.080); Ord. O-28-2004 § 1 (Exh. 1 § 6.04.080); Ord. 98-08 § 1 (Exh. 1 § 5.04.100)].

5.05.220 Compliance with building, fire, and zoning requirements.

No license shall be issued for the conduct of any business, and no permit shall be issued for any thing or act, if the premises and building to be used for the purposes are not in compliance with the building, land use, fire, and development code requirements of the city. No such license or permit shall be issued for the conduct of any business or performance of any act that would involve a violation of the building code, fire code, or development code of the city. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.04.090); Ord. O-28-2004 § 1 (Exh. 1 § 6.04.090); Ord. 98-08 § 1 (Exh. 1 § 5.04.110)].

5.05.230 License application approval.

In the event the license official approves an application for a license, the approval shall be endorsed on the application, and a license certificate shall be issued. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.04.100); Ord. O-28-2004 § 1 (Exh. 1 § 6.04.100); Ord. 98-08 § 1 (Exh. 1 § 5.04.120)].

5.05.240 License application denial – Conditions – Appeals.

A. The license official may deny a license, permit or license renewal if the applicant:

1. Has been convicted of a misdemeanor or felony involving violence against a person or any crime involving moral turpitude;

2. Has obtained a license from the city or another entity in the past by fraud or deceit;

3. Has failed to pay required city fees and cost deposit;

4. Within 10 years of the date of the license application, has violated the laws of the state, the United States government, the ordinances of the city, or the rules and regulations of any city or Utah state agency governing the operation of the relevant business subject to the application or renewal; or

5. Has engaged in any conduct that would be grounds for the revocation of the license.

B. The reason for denial shall be endorsed on the license or renewal application by the license official and shall be returned to the applicant, via certified mail, along with any fees deposited with the application in excess of those to be retained pursuant to EMMC 5.05.180. The license official shall also give notice to the applicant that he or she may, within 10 days of denial, appeal such denial and appear before the city council or a hearing examiner appointed by the city council for the purpose of presenting reasons for the reversal of the denial of the license or renewal. If the applicant appeals the license denial and shows that the applicant is entitled to the license, the city council may, in its discretion, set aside the denial and approve the application. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-15-2011 § 2; Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.04.110); Ord. O-28-2004 § 1 (Exh. 1 § 6.04.110); Ord. 98-08 § 1 (Exh. 1 § 5.04.130)].

5.05.250 Hearings.

Hearings to consider the revocation, suspension, approval, or denial of permits or licenses issued by the city shall be held in accordance with Article IX of this chapter. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-15-2011 § 2; Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.04.120); Ord. O-28-2004 § 1 (Exh. 1 § 6.04.120); Ord. 98-08 § 1 (Exh. 1 § 5.04.140)].

5.05.260 Effect of license denial.

If at any time a license or renewal is denied under the provisions of this article, it shall be unlawful for any person to engage in or carry on or operate any business, or to use or permit to be operated or used any property for any business, with respect to which the license or renewal has been denied, until a license or renewal shall be granted by the city council. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.04.130); Ord. O-28-2004 § 1 (Exh. 1 § 6.04.130); Ord. 98-08 § 1 (Exh. 1 § 5.04.150)].

5.05.270 Waiting period for new license.

No person denied a license or renewal, and no person associated or connected with such person in the conduct of such business, shall be granted a license for the same purpose for a period of six months after the denial has occurred. However, the city council may, in its discretion, waive the prohibition against persons formerly associated or connected with a person who has had his or her license or renewal denied. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.04.140); Ord. O-28-2004 § 1 (Exh. 1 § 6.04.140); Ord. 98-08 § 1 (Exh. 1 § 5.04.160)].

5.05.280 Exempt activities.

This chapter does not apply to:

A. Persons acting on behalf of organizations recognized under Section 501(c)(3) of the United States Internal Revenue Code or any successor law, rule or regulation, provided such persons act with the knowledge of such organization; and provided, that such persons have identification establishing their connection with the organization on their person. Such identification may include, but is not limited to, uniforms and preprinted name tags or promotional material issued by the organization.

B. Persons who represent a fixed place of business who regularly make deliveries, normally not involving personal contact with customers, for the purpose of making sales or obtaining orders over an established route, and who only occasionally make calls on persons residing within the area covered by such route for the purpose of obtaining additional customers for such regular deliveries. The foregoing provision is intended to cover only such persons engaged in substantially similar activities.

C. Persons licensed and regulated under state law governing the insurance business.

D. Persons licensed and regulated under state law governing the real estate business.

E. Persons licensed and regulated under state law governing the securities and investment business.

F. Persons who go from private residence to private residence for political purposes for the purpose of influencing legislation.

G. Persons who have obtained an information card or registered as a professional fund raiser with the Utah Department of Commerce, Division of Consumer Protection.

H. Persons engaged in filmmaking, who:

1. Submit a complete film permit application to the city that is consistent with city guidelines no later than four business days before filming, that includes:

a. Proof of insurance acceptable to the city;

b. A proposed shooting schedule;

c. The written permission of property owners and affected businesses;

d. Written permission for city access to any set or site for purposes of inspection and enforcement; and

e. The required application fee and damage deposit in the amount approved in the city consolidated fee schedule;

2. Obtain such a permit issued by the city prior to filming;

3. Keep the signed permit on site during filming; and

4. Obey the film permit conditions provided by the city. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-15-2011 § 1; Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.09.040); Ord. O-28-2004 § 1 (Exh. 1 § 6.09.040); Ord. 98-08 § 1 (Exh. 1 § 5.11.030)].

5.05.290 License fee.

There is levied upon the business of every person engaged in business in the city at a place of business within the city, not otherwise specifically provided in this chapter, an annual license fee of the amount stated in the consolidated fee schedule. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.09.050); Ord. O-28-2004 § 1 (Exh. 1 § 6.09.050); Ord. 98-08 § 1 (Exh. 1 § 5.11.040)].

5.05.300 License branch establishments.

A separate license must be obtained for each individual peddler, branch establishment or location of any person engaged in business within the city as if such branch establishment or location were a separate business, and each license shall authorize the licensee to engage only in the business licensed at the location or in the manner designated in such license; provided, that warehouses and distributing 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. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.09.060); Ord. O-28-2004 § 1 (Exh. 1 § 6.09.060); Ord. 98-08 § 1 (Exh. 1 § 5.11.050)].

Article V. Inspections – Citations

5.05.310 Ex officio appointments.

The chief police official providing law enforcement and peace keeping services for the city and all deputies of such official, the license official or members of his or her staff, the chief sanitarian providing health services for the city and his or her designated representatives, and the fire chief and his or her designated representatives are appointed ex officio license deputies who, in addition to the several duties of their respective offices or positions, are authorized and empowered to examine and inspect all places of business or peddler activities subject to business licensing or permitting under the provisions of this chapter and with which their duties bring them into contact, and to see that business licenses are carried on or transacted in accordance with this chapter and other applicable law, and to report to the license official the names of all persons doing business without a license, and instances of the conduct by any person other than as covered by the license issued. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-15-2011 § 2; Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.05.010); Ord. O-28-2004 § 1 (Exh. 1 § 6.05.010); Ord. 98-08 § 1 (Exh. 1 § 5.06.010)].

5.05.320 Inspections – Right of entry – Sampling of materials.

A. When inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for or required by ordinance, or are reasonably necessary to investigate compliance with law, it shall be the duty of the licensee and of the person in charge of the premises to be inspected to admit the officer, deputy, employee, or agent of the license official who is authorized and directed to make such inspections to such premises at a reasonable time that admission is requested for the purpose of making the inspection. The license official and any officer, deputy, employee, or agent of the license official and any other persons appointed by the city council for this purpose are all authorized officials for purposes of making relevant inspections.

B. Whenever an analysis of any commodity or material is reasonably necessary to secure conformance with any ordinance provision, or to detect violations of any ordinance provision, it shall be the duty of the licensee whose business is governed by such provision and of any person in possession or control of any such commodity or material to give to any authorized official requesting them sufficient samples of such material or commodity as are necessary or desirable for analysis.

C. The following questions shall be answered by the applicant on the license application:

1. Will the business require the use or storage of hazardous materials as defined by U.S. EPA Material Identification Standards?

2. Will the business involve any door-to-door sales?

3. Will any owners or employees of the business be dealing with minors?

4. Will the business generate light, noise, or odors exceeding the light, noise and odors associated with residential uses?

5. Will the business create increased traffic demands?

D. In the event any questions in subsection C of this section are answered in the affirmative, the fire chief and/or building official shall be authorized to enter and inspect any place of business to ensure healthy and safe operating conditions, and the business license shall not be issued without their approval.

E. In the event the question in subsection (C)(3) of this section is answered in the affirmative, background checks may be required by the license official as described in EMMC 5.05.190.

F. Appeals shall be conducted in accordance with the procedures outlined in Article IX of this chapter. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.05.020); Ord. O-28-2004 § 1 (Exh. 1 § 6.05.020); Ord. 98-08 § 1 (Exh. 1 § 5.06.020)].

5.05.330 Complaints and citations for violations.

The license official and his or her authorized deputies, including the ex officio deputies described in EMMC 5.05.310 and other authorized officials, shall, in the discharge and performance of their official duties, have and exercise the power to issue citations for the violation of any of the provisions of this chapter. The license official shall further have the duty of cooperating with the city’s attorney to cause complaints to be filed against persons violating any of the provisions of this chapter. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.05.030); Ord. O-28-2004 § 1 (Exh. 1 § 6.05.030); Ord. 98-08 § 1 (Exh. 1 § 5.06.030)].

Article VI. License Certificates and Regulations

5.05.340 Business rules and regulations.

Rules and regulations covering the health, safety, 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, to the extent required by such rules or regulations, copies of such rules and regulations shall be made available to the public by the licensee or displayed by the licensee affected in a conspicuous place upon the licensed premises. All licenses issued are subject to compliance with the rules and regulations enacted by the city council. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.06.010); Ord. O-28-2004 § 1 (Exh. 1 § 6.06.010); Ord. 98-08 § 1 (Exh. 1 § 5.07.010)].

5.05.350 Posting license on premises required.

It shall be the duty of any person conducting a licensed business in the city to keep his or her license posted in a prominent place on the premises used for such business at all times or carry the license on the person of the licensed peddler. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.06.020); Ord. O-28-2004 § 1 (Exh. 1 § 6.06.020); Ord. 98-08 § 1 (Exh. 1 § 5.07.020)].

5.05.360 License certificate to be shown to officials.

It shall be the duty of each and every person to whom a certificate of license or permit has been issued to show it at any proper time when requested to do so by the license official, any other authorized official, or any law enforcement officer. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-15-2011 § 2; Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.06.030); Ord. O-28-2004 § 1 (Exh. 1 § 6.06.030); Ord. 98-08 § 1 (Exh. 1 § 5.07.030)].

5.05.370 Unlawful uses of certificates.

It is unlawful to counterfeit a license certificate, or to deface or mutilate a license certificate while it is required to be carried or to be posted in the licensed premises or upon any other property (real or personal) required by this chapter to be licensed, or to remove it or attempt to remove it from a required location without destroying it, or to use, or permit the same to be used, at any place other than that designated in the license, or for any licensee to place or to permit to be placed or to permit to be in any place of business or upon any other property (real or personal) required by this chapter to be licensed after such business or property has been prohibited or has been declared to be unlawful by or pursuant to this chapter or any other ordinance or law. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.06.040); Ord. O-28-2004 § 1 (Exh. 1 § 6.06.040); Ord. 98-08 § 1 (Exh. 1 § 5.07.040)].

Article VII. Transferability of Licenses

5.05.380 License transfer limitations.

A. No license granted or issued under the provisions of the ordinances of the city shall be deemed to be assignable or transferable, or to authorize any person other than the person named in the license to do business, or to authorize any other business than the business named in the license to be done or transacted.

B. Persons to whom one or more licenses have been issued to transact or carry on some business at a definite location in the city may, however, except as otherwise provided by an ordinance of the city, make application for the transfer of the licenses for the sole purposes of transacting or carrying on the same business as is mentioned in the license at some other definite location in the city. Applications for such transfer shall be filed with the license official 10 days in advance of the proposed change. The city council, after receiving reports furnished by the license official or his or her authorized agent, may, in its discretion, deny or grant the transfer of licenses according to the above limitations. No change shall be permitted without full compliance with the building and zoning requirements of this code.

C. Denials of such applications for transfer shall be reviewed and appealed in the same manner as for a denial of a license. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.07.010); Ord. O-28-2004 § 1 (Exh. 1 § 6.07.010); Ord. 98-08 § 1 (Exh. 1 § 5.08.010)].

5.05.390 Fee for changes in partnerships and associations.

In the event a partnership or association applies to delete the name or names of an individual or group of individuals from its license, a new license will be reissued in the name of the new partnership or association for the term remaining in the original license, provided a fee of $10.00 is paid for the reissue. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.07.020); Ord. O-28-2004 § 1 (Exh. 1 § 6.07.020); Ord. 98-08 § 1 (Exh. 1 § 5.08.020)].

Article VIII. License Revocation

5.05.400 Enforcement powers.

The city license office shall be responsible for the enforcement of this chapter. The license official may, on his or her own initiative, or in response to complaints referred from the general public or a city department, investigate and gather evidence of violations of the licensing provisions of this chapter or any other city ordinances. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.08.010); Ord. O-28-2004 § 1 (Exh. 1 § 6.08.010); Ord. 98-08 § 1 (Exh. 1 § 5.09.010)].

5.05.410 Grounds for license suspension or revocation.

In addition to any fine imposed, every permit or license issued by the city council shall be revoked or suspended only as prescribed in this chapter. Upon recommendation of the license official, and upon notice to the license holder and hearing, the city council may revoke or suspend licenses, if the licensee:

A. Is convicted of a misdemeanor or felony involving a crime of violence against a person or a crime involving moral turpitude;

B. Obtains, or aids another to obtain, a license by means of misrepresentation, fraud or deceit;

C. Violates the laws of the United States, the state of Utah, the ordinances of the city, or the rules and regulations of any agency of the city governing the operation of the licensed business;

D. Fails to pay required city fees;

E. Refuses to permit authorized officials to make a lawful inspection of the licensed premises or to take a sample of a commodity or material, or has interfered with such authorized official while in the performance of his or her duty in making such inspection;

F. Files or encourages another to file false information with the license office or any police official, license examiner, or authorized official as part of the licensee’s license application;

G. Conducts business or operations in a manner that creates a nuisance. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-15-2011 § 2; Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.08.020); Ord. O-28-2004 § 1 (Exh. 1 § 6.08.020); Ord. 98-08 § 1 (Exh. 1 § 5.09.020)].

5.05.420 Notice of hearing.

The city council shall send the licensee or permittee at least 20 days’ written notice, in care of the process agent specified in the license application, of the licensee’s right to a hearing, the consequences of the failure to appear and answer, the date, time and place set for the hearing, and shall include a copy of the charges, drafted by the city’s attorney, which have been filed against the licensee. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-15-2011 § 2; Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.08.030); Ord. O-28-2004 § 1 (Exh. 1 § 6.08.030); Ord. 98-08 § 1 (Exh. 1 § 5.09.030)].

5.05.430 Hearing.

Upon referral of a complaint to the city council by the license official, the city council shall hold a license violation hearing. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.08.040); Ord. O-28-2004 § 1 (Exh. 1 § 6.08.040); Ord. 98-08 § 1 (Exh. 1 § 5.09.040)].

5.05.440 Effect of revocation.

If at any time a license is revoked under the provisions of this chapter, it shall be unlawful for any person to engage in or carry on or operate any business, or to use or permit to be operated or used any property for any business, with respect to which the license or renewal has been denied, until a license is granted by the city council. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.08.050); Ord. O-28-2004 § 1 (Exh. 1 § 6.08.050); Ord. 98-08 § 1 (Exh. 1 § 5.09.050)].

5.05.450 Waiting period for new license.

No person whose license has been revoked under the provisions of this chapter, and no person associated or connected with such person in the conduct of such business, shall be granted a license for the same purpose for a period of six months after the revocation has occurred. However, the city council may, in its discretion, waive the prohibition against persons formerly associated or connected with a person who has had his or her license revoked. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.08.060); Ord. O-28-2004 § 1 (Exh. 1 § 6.08.060); Ord. 98-08 § 1 (Exh. 1 § 5.09.060)].

Article IX. Hearings

5.05.460 Hearings on approval, denial, suspension, or revocation of licenses.

A. Hearings to consider the revocation, suspension, approval, or denial of licenses or permits issued by the city shall be held by or at the direction of the city council. Notwithstanding the provisions of any other ordinance pertaining to hearings before the city council regarding business licenses, such hearings may be held either before the city council or before any hearing examiner who has been appointed by the city council to conduct such hearings.

B. The applicant or licensee may appear in person, through an officer, agent, or attorney, to introduce evidence on the applicant’s or licensee’s behalf, and to confront and cross-examine witnesses appearing against the applicant or licensee. Any oral or documentary evidence may be received, but all privileged, irrelevant, immaterial, or unduly repetitious evidence may be excluded. An official record, which may be made by tape recording or other mechanical means and which may be transcribed when necessary, shall be kept of each hearing. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-15-2011 § 2; Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.09.010); Ord. O-28-2004 § 1 (Exh. 1 § 6.09.010); Ord. 98-08 § 1 (Exh. 1 § 5.10.010)].

5.05.470 Hearings – Hearing examiner powers and duties.

A. The city council may appoint one or more hearing examiners, and the city council or any hearing examiner shall have the power and authority to call, preside at, and conduct hearings to consider the suspension, revocation, denial, or approval of licenses issued by the city, including the power to examine witnesses and receive evidence, compel the attendance of witnesses, and compel the production of documents. The city shall have the burden of proof during such hearings.

B. Hearing examiners, subject to the review and approval of the city council, shall have the power and authority to recommend findings of fact, conclusions of law, and orders, and shall transmit to the city council recommended findings of fact, conclusions of law, and orders, based upon the evidence and testimony and representations made at such hearings.

C. At the conclusion of any hearing to consider the status of licenses, the entire record of proceedings shall be certified to the city council. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.09.020); Ord. O-28-2004 § 1 (Exh. 1 § 6.09.020); Ord. 98-08 § 1 (Exh. 1 § 5.10.020)].

5.05.480 Hearing orders by city council.

A. After a hearing has been held by or at the direction of the city council to consider the status of any license, the city council may enter such findings of fact and conclusions of law, and may order such disposition or sanctions as it deems proper based upon the record of the hearing. In cases where the hearing is held before a hearing examiner, the city council, after review of the hearing record, may adopt and enter the recommended findings of fact, conclusions of law, and order, or may enter its own findings of fact, conclusions of law, and order supported by the record. All orders entered by the city council shall be in writing and shall be final.

B. In the event the city council institutes a sanction of suspension, probation, or revocation of a permit or license, such sanction shall apply to the licensee, the licenses issued by the city, and to the premises in question for the full term of the imposed sanction.

C. If judicial review of the city council’s decision is taken by the licensee, the licensee shall serve a copy of the complaint seeking judicial review with the city council upon filing with the appropriate court. The city council shall promptly certify a copy of the record of hearing to the reviewing court. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-15-2011 § 2; Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.09.030); Ord. O-28-2004 § 1 (Exh. 1 § 6.09.030); Ord. 98-08 § 1 (Exh. 1 § 5.10.030)].

Article X. Temporary Licenses

5.05.490 Temporary business license – Required.

A temporary business defined as a commercial licensee in this chapter is any business peddler not invited to the place of sale by the occupant of the premises, including any other business or sale, engaged in for 10 or fewer days which does not qualify for a home business license. Each person engaged in temporary business as a business peddler shall be required to obtain a license. It is unlawful for any person to conduct a sale or operate any other temporary business without first making application for and obtaining a license from the city pursuant to the provisions of this article or the provisions of Article IV of this chapter. If a person obtains a temporary business license under this article, an additional license under Article III of this chapter shall not be necessary unless business other than a temporary business is engaged in by such person. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.10.010); Ord. O-28-2004 § 1 (Exh. 1 § 6.10.010); Ord. 98-08 § 1 (Exh. 1 § 5.12.010)].

5.05.500 Purpose.

It is the purpose of this article to regulate peddlers in order to protect citizens of the city, to promote health, safety, and general welfare of the citizens of the city and to preserve citizens’ privacy and private property. It is not the purpose of this article to impose a limitation or restriction on the content of any communicative material. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.10.020); Ord. O-28-2004 § 1 (Exh. 1 § 6.10.020)].

5.05.510 Temporary business license – Fee.

The fee for a temporary license shall be the amount stated in the consolidated fee schedule, which includes inspections and other applicable administrative and enforcement costs. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.10.030); Ord. O-28-2004 § 1 (Exh. 1 § 6.10.030); Ord. 98-08 § 1 (Exh. 1 § 5.12.020)].

5.05.520 Temporary business license – Period of validity – Number issued per year.

A temporary license will enable a seller to conduct a sale for up to 10 consecutive calendar days. Only one temporary license will be issued per month to any seller or members of his or her immediate family or members of his or her household. The temporary license will specify the location or area in the city designated by the license applicant, at which sales may be conducted, and no sales by the licensee may be conducted at a location other than that specified in the temporary license. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.10.040); Ord. O-28-2004 § 1 (Exh. 1 § 6.10.040); Ord. 98-08 § 1 (Exh. 1 § 5.12.030)].

5.05.530 Inspection of merchandise.

City law enforcement officers may inspect all merchandise to be sold under a temporary license. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.10.050); Ord. O-28-2004 § 1 (Exh. 1 § 6.10.050); Ord. 98-08 § 1 (Exh. 1 § 5.12.040)].

5.05.540 Compliance with laws.

Temporary license holders will comply with all applicable laws and ordinances of the city and the state governing the operation of its business. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.10.060); Ord. O-28-2004 § 1 (Exh. 1 § 6.10.060); Ord. 98-08 § 1 (Exh. 1 § 5.12.050)].

Article XI. Seasonal Licenses

5.05.550 Seasonal business license – Required.

A seasonal business, as outlined and identified in this chapter, is any business, including any sale, engaged in for four months or less. It is unlawful for any person to conduct a sale or operate any other seasonal business without first making application for and obtaining a license from the city. If a person obtains a seasonal business license under this chapter, an additional license under Article III of this chapter shall not be necessary unless business other than a seasonal business is engaged in by such person. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.11.010); Ord. O-28-2004 § 1 (Exh. 1 § 6.11.010)].

5.05.560 Seasonal business license – Fee.

The fee for a seasonal commercial license shall be the amount stated in the consolidated fee schedule, which includes inspections and other applicable background checks. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.11.020); Ord. O-28-2004 § 1 (Exh. 1 § 6.11.020)].

5.05.570 Seasonal business license – Period of validity.

A seasonal license will enable a seller to conduct a sale for up to four months. The seasonal license will specify the location at which the sale may be conducted, and no sales by the licensee may be conducted at a location other than that specified in the seasonal license. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.11.030); Ord. O-28-2004 § 1 (Exh. 1 § 6.11.030)].

5.05.580 Inspection of merchandise.

City law enforcement officers may inspect all merchandise to be sold under a seasonal license during all normal business hours. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.11.040); Ord. O-28-2004 § 1 (Exh. 1 § 6.11.040)].

5.05.590 Compliance with laws.

Seasonal license holders will comply with all applicable laws and ordinances of the city and the state governing the operation of their business. [Ord. O-05-2012 § 2 (Exh. 1); Ord. O-08-2010 § 3 (Exh. 1); Ord. O-01-2006 § 2 (Exh. 1 § 6.11.050); Ord. O-28-2004 § 1 (Exh. 1 § 6.11.050)].