TITLE 3
BUSINESS AND LICENSE REGULATIONS
BUSINESS AND LICENSE REGULATIONS
CHAPTER 1
BUSINESS LICENSE PROVISIONS
BUSINESS LICENSE PROVISIONS
SECTION:
3-1-1: License Required
3-1-2: Application For License
3-1-3: Fee For License; Late Penalty
3-1-4: Approval, Denial Of Application, And Appeal Procedures
3-1-5: Renewal Of License
3-1-6: Transferability
3-1-7: Display Of License
3-1-8: Businesses Ineligible For License
3-1-9: Separate Licenses
3-1-10: Inspections
3-1-11: Revocation Of License
3-1-12: Rules And Regulations May Be Adopted
3-1-13: Penalty
It shall be unlawful for any person, firm or corporation to engage in or carry on or operate any business within the boundaries of the County, outside the incorporated cities and towns therein, other than: a) agriculture; b) any business operated solely within an occupied home other than a vacation rental or other short term rental business; and c) any business operated only occasionally and by an individual who is under eighteen (18) years of age; without first making application for and obtaining a license from the County for such business or separate place of business, and by paying in advance the license fee as required and enumerated herein. Any business that is not required to obtain a business license may nonetheless apply for and obtain one as set forth herein. (Ord. O-2018-10, 7-23-2018)
A. In Writing; Submittal: All applications for licenses shall be made in writing and submitted to the County Clerk.
B. Contents: Each application shall show the following:
1. The name and address of the person desiring a license. If the applicant is a partnership, the names and addresses of the partners and if a corporation, the names and addresses of all the officers and directors.
2. The kind of license desired, stating the business 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 is to be carried on, giving the street number, if such business is to be carried on in any building or enclosure or stated location.
5. The period of time for which license is desired to be issued.
6. Designation of a citizen of the State of Utah as agent for service of process (where the applicant is a nonresident).
7. Such other facts and information as may be required by ordinance, the Statutes of the State and the County Commission.
C. Confidentiality Of Statement: It shall be the duty of the County Clerk to preserve and keep the said statement so that the contents thereof may not become known, except to the persons charged by law with the administration and enforcement of this chapter.
D. Compliance: The County Clerk shall forward the application to the Building Department, Land Use Authority, and any other County office or department that may need to review the application for compliance with State law and this Code. (Ord. O-2018-10, 7-23-2018)
A. Fee For License: Every "business", which is defined to include, without limitation, all kinds of vocations, occupations, professions, enterprises, establishments and all other kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit or benefit, either directly or indirectly, shall pay a fee as established by resolution of the County Commission on January 31 of each year, or, if a new business prior to the time of commencing business, a flat license fee in such amount as established by resolution of the County Commission for the remainder of that calendar year. A person engaged in two (2) or more businesses at the same location shall be required to obtain separate licenses for conducting each of such businesses.
B. Home Business: The license fee for a home based business shall be in such amount as established by resolution of the County Commission.
C. Late Penalty: Any license fee due on January 31 that is paid later than February 20, or any license fee that is not paid within thirty (30) days after commencing business, shall be considered to be late, and a late penalty in such amount as established by resolution of the County Commission shall be assessed for each late application. (Ord. 2006-5, 9-11-2006; amd. 2011 Code)
A. Approval; Issuance: The County Clerk shall approve all completed applications that have submitted the appropriate fee and after appropriate review are in compliance with all State and County laws and regulations. The County Clerk shall issue the approved licenses within forty five (45) days of the completed application being submitted and the fee being paid.
B. Denial: In the event the County Clerk shall deny any application for a license, the reason therefor shall be endorsed on the application by the County Clerk and the Clerk shall deliver a copy of the application and written notice to the applicant by first class mail to the address set forth on the application. The notice shall state that the application is denied and inform the applicant how to appeal the denial. The applicant of a denied application may appeal the denial to the County Commission by submitting a notice of appeal to the Office of the County Clerk within thirty (30) days of the denial. The applicant shall also submit in writing a statement of legal and factual grounds to approve the application. The County Commission shall hear the appeal within sixty (60) days of the notice of appeal. The applicant shall appear or waive their appearance or the appeal will be summarily dismissed. If the County Commission is not satisfied that the application complies with all State and County laws and regulations it shall affirm the denial. If the County Commission finds that the application complies with all State and County laws and regulations it shall set aside the denial and approve the application. If an application is approved on appeal the County Clerk shall issue a business license as set forth in subsection A of this section. (Ord. O-2018-10, 7-23-2018)
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