For the purposes of this title, the following terms shall have the meanings herein prescribed:
APPLICANT: Any person applying for any license provided for in this title. If the person is a partnership or corporation, then each partner, officer or director is considered an applicant and must qualify accordingly.
BASE FEE: The fee determined as the cost to prepare, process and administer the business license.
BUSINESS: Includes all activities together with any devices, machines or vehicles used therein for the purpose of gain or economic profit.
CLASS OF BUSINESS: A group of businesses doing similar types of things.
DISPROPORTIONATE COST: The additional cost assessed to businesses that require a greater level of basic service.
EMPLOY: Hiring an individual to work for pecuniary compensation or any other form of compensation, whether such person is hired on the payroll of the employer, as an independent contractor, as an agent or in any other form of employment relationship.
ENGAGING IN BUSINESS: One act constitutes engaging in business, and includes, but is not limited to, the sale of tangible personal or real property and the rendering of personal service for others for a consideration by persons engaged in craft, business, occupation, hobbies or other calling. Engaging in business shall also include, but not be limited to, one act of selling of any goods or services or soliciting business, or offering goods or services for hire. Engaging in business shall include the occupancy of any office or other space in which business transactions are carried out. Engaging in business shall also include the renting by a lessor of space, whether enclosed or not, to be used as office space for any use or endeavor, including, but not limited to, commercial, medical, dental, or other professional activities. Engaging in business shall also include the renting by a lessor of three (3) or more rental units, buildings, apartments, or houses for the purpose of profit, whether the units are enclosed within one structure or combination thereof.
ENTITY: Includes a corporation, partnership, limited liability company, or other lawful entity, organization, society or association.
HAZARDOUS MATERIAL: Those chemicals or substances which are physical hazards or health hazards in usable or waste condition according to the city's currently adopted fire code.
HOME OCCUPATION: Any income producing use conducted entirely within a dwelling unit and carried on only by persons residing in that dwelling unit, which use is clearly incidental, secondary and compatible to the residential use of the building. In general, a home occupation is an accessory use so located and conducted, that the average neighbor, under normal conditions, would be unaware of its existence.
LICENSEE: Any person who is issued a license under the provisions of this title.
MINOR: Any person less than eighteen (18) years of age.
MOBILE FOOD VENDOR: A person or entity engaged in selling food from a temporary location or mobile structure for a temporary period of time.
NEW BUSINESS: Any activity which results in gain or economic profit which has not been conducted previously by another licensee on that premises.
NONPROFIT ORGANIZATION: Any organization which was organized and is operating for charitable purposes and which meets the requirements of the internal revenue service of the U.S. department of treasury that exempt the organization from income taxation under the provisions of the internal revenue code.
PAWNBROKER: Shall have the meaning set forth in Utah Code Annotated title 13, chapter 32a for pawn and secondhand businesses.
PERSON: An individual, individuals, tenants in common, joint tenants, a corporation, partnership, firm, limited partnership, or any other association of individuals, however comprised or designated.
RENTAL DWELLING UNIT: Any individual dwelling unit, parcel of land, or portion thereof that is rented, loaned, let or hired out to be used or occupied as a home or residence. Rental dwelling unit includes any single-family home, duplex, townhome, condominium, mobile home, manufactured home, modular home, or apartment when used for such purposes.
TEMPORARY OR SEASONAL MERCHANT: A person who sells any nonfood product (i.e., flowers, Christmas trees, handcrafted items, etc.) at a temporary location for a temporary period of time. (Ord. 2009-15, 11-24-2009)