Chapter 5.04
BUSINESS LICENSES

Sections:

Article I. Business Tax

5.04.010    Levied.

Article II. Sale of Intoxicants

5.04.020    License to sell beer at retail.

5.04.030    Definitions.

5.04.040    Retail licenses.

5.04.050    Beer license fees.

5.04.060    License fees to accompany application.

5.04.070    Purchase of beer for resale.

5.04.080    Application for license.

Article III. Construction Contractors

5.04.090    Purpose.

5.04.100    Definitions.

5.04.110    Doing business without registration and a license unlawful.

5.04.120    Job license for each contract.

5.04.130    Job license fee.

5.04.140    Records – Inspection.

5.04.150    Regulations.

Article IV. Solicitors, Canvassers, Peddlers
and Itinerant Merchants

5.04.160    License required.

5.04.170    Definitions.

5.04.180    Application for license.

5.04.190    Investigation and issuance of license.

5.04.200    Fees.

5.04.210    Licenses, badges, revocation, expiration, appeal.

5.04.220    Additional requirements.

5.04.230    Exceptions.

Article I. Business Tax

5.04.010 Levied.

There is hereby imposed and levied a tax of $15.00 on the business, location, trade, calling or profession of every person engaged in a business within the town. [Code 1986 § 9-211.]

Article II. Sale of Intoxicants

5.04.020 License to sell beer at retail.

A. It shall be a class B misdemeanor for any person to engage in the business of selling beer at retail, in bottles or draft, without first having procured a license therefor from the town council and paid the license fee required by this article.

B. It shall be a class B misdemeanor for any person to sell beer after the revocation of the license issued pursuant to this article.

C. A separate license shall be required for each place of sale and the license shall at all times be conspicuously displayed in the place to which it shall refer or for which it shall be issued. All licensees shall comply with the Utah Liquor Control Act and the regulations of the Liquor Control Commission. [Code 1986 § 9-411.]

5.04.030 Definitions.

The words and phrases used in this article shall have the meanings specified in the Utah Liquor Control Act unless a different meaning is clearly evident. [Code 1986 § 9-412.]

5.04.040 Retail licenses.

A. Retail licenses issued hereunder shall be of the following three kinds and shall carry the following privileges and be known as class “A,” class “B,” class “C,” and “seasonal licenses”:

1. Class “A” retail licenses issued hereunder shall entitle the licensee to sell beer on the premises licensed in original containers for consumption off the premises in accordance with the Utah Liquor Control Act and the ordinances of this town.

2. Class “B” retail licenses shall entitle the licensee to sell beer in the original containers on the premises for consumption on or off the premises in accordance with the Utah Liquor Control Act and the ordinances of this municipality.

3. Class “C” licenses for retail shall entitle the licensee to sell draft beer for consumption on or off the premises and to sell beer in accordance with the Utah Liquor Control Act and the ordinances of this town.

B. “Seasonal licenses” of any class may be issued for a period of time not to exceed one year which period shall be determined by the town council. [Code 1986 § 9-413.]

5.04.050 Beer license fees.

In addition to any other business license fee which any person or place of business may be required to pay, there is hereby imposed on the business location of every person engaged in the sale or dispensing of beer the following annual license fees:

Class “A” Beer License

$10.00

Class “B” Beer License

$100.00

Class “C” Beer License

$100.00

Seasonal Beer License

$100.00

For each 30-day period or fraction thereof. [Code 1986 § 9-414.]

5.04.060 License fees to accompany application.

Applications provided for in this article shall be accompanied by the fees provided in this article. The fee shall be returned to the applicant if the application is denied. [Code 1986 § 9-415.]

5.04.070 Purchase of beer for resale.

It is a class B misdemeanor for any licensee to purchase or acquire or to have or possess for the purpose of sale or distribution any beer except that which he shall have lawfully purchased from a brewer or wholesaler licensed under the provisions of the Utah Liquor Control Act. [Code 1986 § 9-416.]

5.04.080 Application for license.

A. All applications for licenses authorized by this article shall be verified and shall be filed with the clerk. The applications must state the applicant’s name in full and that he understands and has read and complied with the requirements and possesses the qualifications specified in the Liquor Control Act and this article. If the applicant is a copartnership, the names and addresses of all partners, and if a corporation, the names and addresses of all officers and directors, must be stated.

B. Application must be subscribed by the applicant who shall state under oath that the facts therein contained are true. [Code 1986 § 9-417.]

Article III. Construction Contractors

5.04.090 Purpose.

The purpose of this article is to establish a system of imposing license fees upon persons engaging in business within the limits of the town as contractors. The licenses are designed to be determined upon the basis of each contract or job being performed. It is the opinion of the town council that this method of determining the amount of fee will result in fair taxation and will not discriminate against the contractor who performs only a few jobs within the town limits as distinguished from the contractor who performs many. [Code 1986 § 9-431.]

5.04.100 Definitions.

A. “Contractor” means any person, firm, copartnership, corporation, association, or other organization, or any combination thereof, who for a fixed sum, price, fee, percentage, or other compensation other than wages, undertakes any building, highway, road, railroad, excavation or other structure, project, development, or improvement, other than to personality, or any part thereof; provided, that the term contractor, as used in this article, shall include anyone who builds more than one structure on his own property during any one year for the purpose of sale and shall include subcontractors, but shall not include anyone who merely furnishes material or supplies without fabricating the same into, or consuming the same in, the performance of the work of the contractors as herein defined.

B. Types of Contractors. As an illustrative list of contractors subject to the provisions of this article, but not in limitation thereof, the following occupations are subject to this article: general contractors, specialty contractors of all kinds, such as, but not limited to, those engaged in the business of installing, repairing or otherwise performing services in connection with: acoustical tile and roof decking; awnings, storm doors, and windows; air conditioning, dry-heating, sheet metal; boilers, steamfitting; carpentry; cement and concrete; ceramic tile; cabinet and millwork; composition floor, countertops, tile; carpet; drywall; elevator installation; electrical; excavating and grading; fencing; floor coverings; fire prevention (structural); furnaces and burners; glazing; industrial piping; iron and bronze (ornamental); insulation; landscaping; lathing; lawn sprinklers; masonry; mosaic tile and terazzo; overhead doors; painting and paper hanging; pest control (structural); plastering; plumbing and wet heating; roofing and siding; swimming pool; signs, stone masonry; sewer installation; steel reinforcing and erection; tanks (structural); waterproofing; weatherstripping; welding; wrecking and demolition; wood floor laying and finishing. [Code 1986 § 9-432.]

5.04.110 Doing business without registration and a license unlawful.

Any person desiring to engage in business as a contractor within the corporate limits of this town must comply with the two following requirements:

A. Prior to engaging in any subject business activity during any calendar year, he must register for the calendar year as a contractor by completing and filing a registration form in the office of the clerk.

B. Prior to the performance of any services in connection with any specific contract or job, the person shall secure a license to engage in the performance of service connected with said specific job or contract from the office of the clerk. [Code 1986 § 9-433.]

5.04.120 Job license for each contract.

A. Any person desiring to perform services as a contractor shall, in addition to registering, as above required, secure a job license granting to him the privilege of performing the services required of him for each contract or job which he proposes to complete.

B. Any person seeking said job license for a contract or job shall complete an application therefor, on forms provided him by the town. The application shall set forth:

1. The name and address of the contractor.

2. His town registration number.

3. The number of his state contractor’s license.

4. The person by whom he is engaged to perform services as a contractor.

5. The address of the person.

6. The location at which the contractor’s services are to be performed.

7. The type of services that are to be performed, e.g., as a general contractor, as one of the specialty contractors.

8. The contract amount. [Code 1986 § 9-434.]

5.04.130 Job license fee.

Every contractor, for the privilege of engaging in the business of performing the services, shall pay the amount set forth in Appendix I of this code. [Code 1986 § 9-435.]

5.04.140 Records – Inspection.

All persons registered pursuant to this article for the privilege of doing business as contractors, and all persons who engage in doing business as contractors, shall maintain records of all services performed by them as contractors within the corporate limits of this town. The records shall disclose the person for whom the services are performed and the contract price or charge made for the services and such other information as the town council may, by regulation, require. The persons shall maintain such records at their office or principal place of business and shall permit officials or agents of the town to inspect said records for the purpose of determining whether or not said persons have complied with the requirements of this article. [Code 1986 § 9-436.]

5.04.150 Regulations.

The town council may adopt such regulations as in its opinion are necessary to implement this article. [Code 1986 § 9-437.]

Article IV. Solicitors, Canvassers, Peddlers and Itinerant Merchants

5.04.160 License required.

It shall be unlawful for:

A. A transient merchant, itinerant merchant or itinerant vendor to engage in such business without first obtaining a license therefor in compliance with the provisions of this article.

B. Any person to engage in the business of peddler without first obtaining a permit and license therefor as provided in this article.

C. Any solicitor or canvasser to engage in such business without first obtaining a permit and license therefor in compliance with the provisions of this article. [Code 1986 § 9-451.]

5.04.170 Definitions.

“Canvasser” or “solicitor” means any individual whether or not a resident of the town, traveling either by foot, wagon, motor vehicle, or other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for the sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale, or whether he is collecting advance payments on such sales; provided, that such definition shall include any person who, for himself, or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, hotel or motel room, lodging house, apartment, shop or any other place within the town for the sole purpose of exhibiting samples and taking orders for future delivery.

“Peddler” as used in this article shall include any person, whether or not a resident of the town, traveling by foot, wagon, motor vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street carrying, conveying, or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering or exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, motor vehicle, railroad car, or other vehicle or conveyance; and further provided, that one who solicits orders and as a separate transaction makes deliveries to purchasers as part of a scheme or design to evade the provisions of this article shall be deemed a peddler subject to the provisions of this article. The word “peddler” shall include the words “hawker” and “huckster.”

“Transient merchant,” “itinerant merchant” or “itinerant vendor” is defined as any person, firm or corporation, whether as owner, agent, co-signee or employee, whether or not a resident of the town, who engages in a temporary business of selling and delivering goods, wares and merchandise within the town, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, public room in any hotel, motel, lodging house, apartment, shop or any street, alley, or other place within the town, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of this article merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer. [Code 1986 § 9-452.]

5.04.180 Application for license.

A. Applicants for permits and licenses under this article shall file a sworn application in writing signed by the applicant, if an individual, by all partners, if a partnership, and by the president, if a corporation, or by an agent, including a state or regional agent, with the clerk which shall give the following information:

1. The name of the applicant, and if the applicant is an employee or agent of a corporation, the name of the corporation.

2. The address of the applicant, and if the applicant is an agent or employee of a corporation, the address of the corporation.

3. A brief description of the nature of the business and the goods to be sold and from whom and where the applicant obtains the goods to be sold.

4. If the applicant is employed by or an agent of another person, the name and permanent address of such other person or persons.

5. The length of time for which the applicant desires to engage in business within the town.

6. The place or places within the town where the applicant proposes to carry on his or her business.

7. A list of the other municipalities in which the applicant has engaged in business within the six-month period preceding the date of the application.

8. A photograph of the applicant, taken within six months immediately prior to the date of filing the application, which photograph shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner.

9. A statement as to whether or not the applicant or any of his employers have been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.

10. If the applicant desires to sell fresh vegetables, fruits, meats, or other foodstuffs, a statement by a reputable physician in the state of Utah, dated not more than 10 days prior to submission of the application, certifying the applicant to be free of infectious, contagious, or communicable diseases.

11. If the applicant is employed by another person, firm or corporation, documents showing that the person, firm or corporation for which the applicant proposes to do business is authorized to do business within the state of Utah.

B. At the time of filing the application, a fee of $12.50, which shall be deposited with the clerk, is required. [Code 1986 § 9-453.]

5.04.190 Investigation and issuance of license.

A. On receiving the application, the clerk shall refer it to the marshal who shall cause such investigation of the applicant’s business and moral character to be made as he deems reasonable and necessary for the protection of the public good.

B. If as a result of the investigation the applicant’s character or business responsibility is found to be unsatisfactory, the marshal shall endorse such upon the application together with a statement of his reasons therefor and return the application to the clerk who shall notify the applicant that his application has been disapproved and that no permit and license will be issued.

C. If as a result of such investigation the character and business responsibility of the applicant is found to be satisfactory, the marshal shall endorse such upon the application and return it to the clerk who shall upon payment of the prescribed license fee deliver to the applicant his permit and issue a license. The license shall contain the signature of the issuing officer and shall show the name, address and photograph of the licensee and the kind of goods to be sold pursuant to the application together with an expiration date. [Code 1986 § 9-454.]

5.04.200 Fees.

A. The license fee which shall be charged by the clerk for any license issued pursuant to this article shall be $12.50.

B. None of the license fees provided for by this article shall be applied so as to engage an undue burden upon interstate commerce. In any case where a license fee is believed by the licensee or applicant for license to place an undue burden upon interstate commerce, he or she may apply to the mayor for an adjustment of the fee so that it will not be discriminatory, unreasonable, or unfair to interstate commerce. Such application may be made before, at or within six months after paying the prescribed license fee. [Code 1986 § 9-455.]

5.04.210 Licenses, badges, revocation, expiration, appeal.

A. A clerk shall issue to each licensee at the time of delivery of his license a badge which shall contain the words “licensed solicitor,” “licensed transient merchant,” or “licensed peddler” as the case may be, for which the application was made and the license issued, and the number of the license, in letters and figures easily discernible from a distance of five feet. Such badge shall, during the time peddlers or solicitors are engaged in the business for which they are licensed, be worn constantly by them on the front of their outer garment in such a way as to be conspicuous.

B. Any person licensed pursuant to this article shall exhibit their license at the request of any citizen of the town.

C. It shall be the duty of any police officer of this municipality to require any person seen soliciting, canvassing or peddling, and who is not known by such officer to be duly licensed, to produce his or her license and to enforce the provisions of this article.

D. Revocation of License.

1. Permits and licenses issued pursuant to this article may be revoked by the marshal or the clerk, after notice and hearing, for any of the following causes:

a. Fraud, misrepresentation or a false statement contained in the application for the license.

b. Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor or canvasser.

c. Any violation of this article.

d. Conviction of any crime or misdemeanor involving moral turpitude.

e. Conducting the business of soliciting or of canvassing in an unlawful manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

2. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address or at the address shown on his application. The hearing and notice shall in all other aspects substantially comply with Article IV of Chapter 1.12 MMC.

E. Any person aggrieved by the action of the marshal or the clerk in the denial of a permit or a license issued pursuant to this article, or by the action of the town council of the town, shall have the right to appeal the action. Such appeal shall be taken by filing with the council within 14 days after notice of the action complained of has been mailed to such person’s last known address or address on the business application, a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for the hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided in subsection (D) of this section.

F. All licenses issued pursuant to this article shall expire on the date specified on the license. [Code 1986 § 9-456.]

5.04.220 Additional requirements.

This article shall not be construed so as to waive the provisions and requirements of any other ordinance of this town and the requirements and fees required herein shall be in addition to any other requirements and fees of any other ordinance of this town. [Code 1986 § 9-457.]

5.04.230 Exceptions.

The provisions of this article shall not apply to any individual who is, at the time he is engaged in any activity which would otherwise require licensing by this article, engaged in an activity which is authorized by any church or charity which has a permanent structure located within the state of Utah, provided such church or charity has had such permanent structure for at least six months prior to the date when the individuals engaged in the activity which would otherwise require licensing by this article. [Amended during 2010 recodification; Code 1986 § 9-458.]