Chapter 3-1
GENERAL LICENSE PROVISIONS
SECTION:
3-1-2: LICENSE ASSESSOR AND COLLECTOR
3-1-3: BUSINESS LICENSE REQUIRED
3-1-4: APPLICATION FOR LICENSE
3-1-5: CERTIFICATES OF LICENSE
3-1-6: LICENSE FEES; PAYMENT DATES; PENALTY
3-1-8: IN-HOME BUSINESSES; WATER AND SEWER RATES
3-1-9: LICENSE NONTRANSFERABLE
3-1-13: RECIPROCAL RECOGNITION OF LICENSES
3-1-15: REVOCATION OR DENIAL OF BUSINESS LICENSE
3-1-16: RENEWAL OF PERMANENT BUSINESS LICENSES
3-1-1 DEFINITIONS:
For the purpose of this title, the following terms shall have the meanings ascribed to them in this section:
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BUSINESS: |
Means and includes all activities engaged in within the city carried on for the purpose of gain or economic profit, except that the acts of employees rendering service to employers shall not be included in the term "business", unless otherwise specifically provided. |
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EACH SEPARATE PLACE OF BUSINESS: |
Each separate establishment or place of operation, whether or not operating under the same name, within the city, including a home or other place of lodging if the same is held out by advertisements, listings or otherwise as the establishment or place of operation of a person engaging in the business of selling tangible, personal property at either retail or wholesale, or both, or rendering of personal services in the city. |
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EMPLOYEE: |
The operator, owner or manager of a place of business and any persons employed by such person in the operation of said place of business in any capacity and also any salesman, agent or independent contractor engaged in the operation of the place of business in any capacity. |
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ENGAGING IN BUSINESS: |
Includes, but is not limited to, the sale of tangible personal property at retail or wholesale, the manufacturing of goods or property and the rendering of personal services for others for a consideration by persons engaged in any profession, trade, craft, business, occupation or other calling, except the rendering of personal services by an employee to his employer under any contract of personal employment. |
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HOME BASED BUSINESS: |
A business that does not create an additional off-site impact based on the following criteria: • Does not employ people (other than family members); • Does not receive regular deliveries, except from FedEx and UPS; • Does not utilize abnormal off-street parking; • Does not give rise to any other activity or condition that may have a greater impact on the surrounding area than the impact created solely by normal residential use. |
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PLACE OF BUSINESS: |
Each separate location maintained or operated by the licensee within the city from which business activity is conducted or transacted. |
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WHOLESALE: |
A sale of tangible personal property by wholesalers to retail merchants, jobbers, dealers or other wholesalers for resale, and does not include a sale by wholesalers or retailers to users or consumers not for resale, except as otherwise specified. |
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WHOLESALER: |
A person doing a regularly organized wholesale or jobbing business and selling to retail merchants, jobbers, dealers or other wholesalers, for the purpose of resale. (Ord. 7-2017; Ord. 15, 1-12-1983; amd. 2007 Code) |
3-1-2 LICENSE ASSESSOR AND COLLECTOR:
The city recorder is designated and appointed as ex officio assessor of license fees for the city. Upon receipt of any application for a license, the city recorder shall assess the amount due thereon and shall collect all license fees based upon the rate established by resolution. The city recorder shall enforce all provisions of this title, and shall cause to be filed complaints against all persons violating any of the provisions of this title. (Ord. 15, 1-12-1983; amd. 2007 Code)
3-1-3 BUSINESS LICENSE REQUIRED:
It shall be a class B misdemeanor for any person to transact, engage in or carry on any business, trade, profession, or calling, or to operate a vending, pinball or coin operated machine, without first receiving the class or type of license required by the city therefore. (Ord. 15, 1-12-1983)
3-1-4 APPLICATION FOR LICENSE:
A. Contents Of Application: All applications for licenses shall include:
1. The name of the person desiring a license.
2. The kind of license desired, stating the business, calling, trade or profession 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, calling, trade or profession is to be carried on, giving the street number if the business, calling, trade or profession is to be carried on in any building or enclosure having such number.
5. The period of time for which such license is desired to be issued.
B. Coin Operated Machine Or Device: In the event that the license application relates to a coin operated machine or device, the application shall identify the machine or device to which it applies and the location thereof. (Ord. 15, 1-12-1983)
3-1-5 CERTIFICATES OF LICENSE:
A. Contents: All certificates of license shall be signed by the mayor, attested by the city recorder, and shall contain the following information:
1. The name of the person to whom such certificate has been issued.
2. The amount paid.
3. The type of license and the class of such license, if licenses are divided into classes.
4. The term of the license with the commencing date and the date of its expiration.
5. The place where such business, calling, trade or profession is to be conducted.
B. Display:
1. Posting Of Certificate: Every certificate of license issued under this title 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. When such certificate of license has expired, it shall be removed from such place in which it has been posted, and no certificate of license which is not in force and effect shall be permitted to remain posted upon the wall of any part of any room within the place of business. 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 times while the licensee is engaged in or pursuing the business for which a license is granted.
2. Coin Operated Machine Or Device: In the event the license is for a coin operated machine or device, the certificate shall be attached or displayed in the immediate vicinity of the machine for which it has been issued. (Ord. 15, 1-12-1983)
3-1-6 LICENSE FEES; PAYMENT DATES; PENALTY:
A. Payment Date; Delinquency: All license fees shall be due and payable as follows, except as may be otherwise provided in the applicable ordinance:
1. Date Payable: Annual fees shall be payable each calendar year in advance. The annual license shall date from January 1 of each year and shall expire on December 31 of each year.
2. Date Delinquent: Annual fees shall be due on the first day of December each year and shall become delinquent if not paid by January 15 of each year.
B. Proration Of Fees:
1. One-half (1/2) of the annual fee shall be payable for all licenses issued by the city pursuant to applications made after July 1 of each year, and licenses issued after July 1 shall expire on the following January 1.
2. Payment shall be due upon the date of application approval.
3. Fees for licenses issued after January but prior to July shall be prorated according to the length of time the applicant engaged in business that calendar year.
C. Penalty For Late Payment:
1. If any license fee is not paid by January 15, a penalty of twenty percent (20%) of the amount of such license fee shall be added to the original amount; if not paid by February 15, an additional fifty percent (50%) will be added to the outstanding balance. After March 1 the existing delinquent license shall be considered null and void. The business being conducted shall cease and desist until such time as a new application and license has been submitted to and approved by the city council. No license shall be issued until all penalties legally assessed and a new license fee have been paid in full. All costs shall be paid by the licensee, whether such remedy is pursued by filing suit or otherwise.
2. The business being conducted shall cease and desist until such time as a new application and license has been submitted to, and approved by, the city council.
3. No license shall be issued until all penalties legally assessed have been paid in full.
4. All costs shall be paid by the licensee, whether such remedy is pursued by filing suit or otherwise.
D. Undue Burden On Interstate Commerce Prohibited:
1. None of the license fees provided for by this title shall be applied as to occasion an undue burden on interstate commerce. In any case, where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the license assessor and collector for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair as to such commerce. Such application may be made before, at or within six (6) months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the license assessor and collector may deem necessary in order to determine the extent, if any, of such undue burden on such commerce.
2. The license assessor and collector shall then conduct an investigation, comparing the applicant's business with other businesses of like nature and shall make findings of fact from which he shall determine whether the fee fixed by this title is discriminatory, unreasonable or unfair as to applicant's business and shall recommend to the city council a license fee for the applicant in an amount that is nondiscriminatory, reasonable and fair, and if the city council is satisfied that such license fee is the amount that the applicant should pay, it shall fix the license fee in such amount. If the regular license fee has already been paid, the city council shall order a refund of the amount over and above the fee fixed by the city council. (Ord. 3-2018, 12-19-2018; Ord. 3-2015, 5-20-2015; Ord. 15, 1-12-1983)
3-1-7 FEES LEVIED:
Business license fees shall be in such amounts as established by resolution of the city council, which may be amended from time to time by resolution of the city council. (Ord., 4-16-1985, eff. 1-1-1986; amd. 2007 Code)
3-1-8 IN-HOME BUSINESSES; WATER AND SEWER RATES:
A. Commercial Rates: Effective March 1990, whenever water is necessary to provide service or produce the product offered by the in-home business, then the commercial water and sewer rate will be charged.
B. Waiver Of License Fee: If the proprietor of the in-home business is eighteen (18) years of age or under, the in-home business license fee will be waived.
C. Annual Fee For Trailer Parks: The annual business fee for trailer parks shall be in such amount as established by resolution of the city council. (Res. 3-90, 3-15-1990; amd. 2007 Code)
3-1-9 LICENSE NONTRANSFERABLE:
No license granted or issued under any ordinance of the city 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. (Ord. 15, 1-12-1983)
3-1-10 TEMPORARY LICENSE:
Anyone doing business within the city for less than one year, including, but not limited to, auctioneers, door to door salesmen, etc., are required to first register with the city recorder and obtain a temporary license. The license fee shall be in such amount as established by resolution of the city council. It shall be a class B misdemeanor for anyone to engage in door to door solicitation. It shall be a class B misdemeanor for anyone to conduct a public auction, without such a temporary license. (Ord. 15, 1-12-1983; amd. 2007 Code)
3-1-11 BRANCH ESTABLISHMENTS:
A separate license must be obtained for each separate place of business in the city, and each license shall authorize the licensee to engage only in the business licensed thereby at the location or in manner designated in such license; provided, that the warehouses and distributing places used in connection with or incident to a business licensed under this title shall not be deemed to be separate places of business or branch establishments. (Ord. 15, 1-12-1983)
3-1-12 JOINT LICENSE:
A. Whenever any person is engaged in two (2) or more businesses at the same location within the city, such person shall not be required to obtain separate licenses for conducting each of such businesses, but shall be issued one license which shall specify on its face all such businesses.
B. Where two (2) or more persons conduct separate businesses at the same location, each such person shall obtain a license for each such business and pay the required license fee for each such business. (Ord. 15, 1-12-1983; amd. 2007 Code)
3-1-13 RECIPROCAL RECOGNITION OF LICENSES:
A. Operation Of Vehicle Or Equipment: No license shall be required for operation of any vehicle or equipment in the city when:
1. Such vehicle is merely passing through the city.
2. Such vehicle is used exclusively in intercity or interstate commerce.
B. Delivery Of Property Sold Outside City: No license shall be required by this title of any person whose only business activity in the city is the mere delivery in the city of the property sold by him at a regular place of business maintained by him outside the city where:
1. Such person's business is at the time of such delivery licensed by the Utah municipality or county in which such place of business is situated; and
2. The authority licensing such business grants to licensees of the city making deliveries within its jurisdiction the same privileges, upon substantially the same terms, as are granted by this section; and
3. Neither the property delivered nor any of the facilities by which it was manufactured, produced or processed are subject to inspection by authority of the city for compliance with health or sanitary standards prescribed by the city; and
4. The truck or other conveyance by which such delivery is made prominently displays at all times a license plate or symbol issued by the said licensing authority to evidence such business license. Such plate or symbol shall identify the licensing authority by which it is issued, shall indicate that it evidences a license issued thereby, and shall specify the year or term for which it is effective.
C. Certify Copy Of Chapter: The city recorder shall, at the request of any person, certify a copy of this chapter to any municipality or county of the state to which a copy has not previously been certified. (Ord. 15, 1-12-1983)
3-1-14 EXEMPTIONS TO LICENSE:
A. Nonprofit Organizations: No license fee shall be imposed under this title on any person engaged in business solely for a 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, nor shall any license fee be imposed on any person engaged in a business specifically exempted from municipal taxation and fees by the laws of the United States or the state; nor shall any license fee be imposed upon any person not maintaining a place of business within the city who has paid a like or similar license tax or fee to some other taxing unit within the state and which taxing unit exempts from its license tax or fee, by reciprocal agreement or otherwise, businesses domiciled in the city and doing business in such taxing unit.
B. Reciprocal Agreements: The license assessor and collector may, with approval of the city council, enter into reciprocal agreements with the proper officials of other taxing units, as may be deemed equitable and proper in effecting the exemption provided for in subsection A of this section.
C. Home Based Business: A business that does not create an additional off-site impact that exceeds the impact of residential use alone. If a business owner requests a license for their own purpose regular fees will apply. (Ord. 7-2017; Ord. 15, 1-12-1983)
3-1-15 REVOCATION OR DENIAL OF BUSINESS LICENSE:
A. Revocation Or Denial: Any license issued pursuant to the provisions of this code or of any ordinance of the city may be revoked and any application denied by the city council because of:
1. The failure of the licensee or applicant to comply with the conditions and requirements of any ordinance of the city.
2. Unlawful activities conducted or permitted on the premises where the business is conducted.
B. Notice Of Revocation Or Denial: Prior to the revocation of a license or denial of any application to renew business license, the licensee or applicant shall be given a notice which shall state in substance that the city council intends to revoke the business license or deny the application to renew, together with the reason or reasons therefore, at a regular or special meeting of the city council (which shall be at least 10 days and not more than 30 days from the date notice is sent) and that the licensee or applicant has a right to appear, to be represented by counsel to hear the evidence against him, to cross examine witnesses and to present evidence as to why the license should not be revoked or the application denied.
C. New Applications For Licenses: Subsection B of this section 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. A business which has been previously licensed, but whose license has lapsed and not been timely renewed, shall be considered a new business hereunder. (Ord. 15, 1-12- 1983)
3-1-16 RENEWAL OF PERMANENT BUSINESS LICENSES:
Once approved by the council in accordance with Huntington Municipal Code (HMC), permanent business licenses will be renewed for successive terms without further council action; provided the business owner certifies that said business Is In full compliance with all federal, state and city regulations, codes and ordinances, that said business has not experienced an ownership change of any kind and that the nature of the business activity has substantially stayed the same. Payment of the license fee for the next term shall be received by the city recorder on or before December 31; see section 3-1-6(C) of this code for late payments. (Ord. 2-2018, 12-19-2018)
3-1-17 PENALTY:
Unless otherwise provided, any person, firm, co-partnership, corporation or association violating the provisions of this title shall be guilty of a class B misdemeanor and subject to penalty as provided in section 1-4-1 of this code, for each day such violation continues. (Ord. 2-2018, 12-19-2018; Ord. 15, 1-12-1983; amd. 2007 Code. Formerly 3-1-16.)