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A. A business license fee shall not be imposed on any person:
1. Engaged in business solely for religious, charitable, or other types of strictly nonprofit purpose which is tax exempt under the laws of the United States and the State of Utah; or
2. For any business specifically exempted from Municipal taxation and fees by the laws of the United States or the State of Utah.
B. Any person exempt from paying the licensing fees shall still comply with all other requirements of this chapter. Upon receipt of an application, the City License Administrator shall process the application as required under section 5.04.050 of this chapter, and upon determining legal compliance with all requirements, issue, without charge, a license stating that the applicant is an exempt business, charity, or other exempt entity. The applicant shall post such license in a conspicuous place. (Ord. 17-18)
A. As a condition to the issuance of a license, a licensee shall allow the City to enter, without charge, during business hours, the licensee's place of business and to demand the exhibition of current licenses from any person or persons engaged or employed in the transaction of the business.
B. Refusal to display, for inspection, the business licenses, on request of the City, constitutes a Class B misdemeanor. (Ord. 17-18)
Upon receipt of a business license application, the applicant's business premises shall be subject to any inspections reasonably required by the City. The application, with recommendations from City departments based on the inspections, shall be returned to the City License Administrator's Office as soon as reasonably practicable. The City License Administrator shall approve or deny the application within a reasonable time after receipt of an application for a license from an applicant, based upon the circumstances and the nature of the business being inspected. (Ord. 17-18)
A. The City Police Department shall investigate each applicant intending to conduct any of the business activities identified under subsection B of this section and shall return to the City License Administrator its recommendation to approve or disapprove of the application as soon as is reasonably practicable following such investigation.
B. The following business activities shall be investigated by the City Police Department:
1. Pawnbrokers, secondhand dealers, swap meets, flea markets;
2. Private investigators and detectives;
3. Gun shops;
4. Businesses conducting any alcohol product sales;
5. Sexually oriented businesses;
6. Coin dealers;
7. Massage establishments, including owner, operator, manager, managing employee or any other employee who is not, and who is not required to be, licensed by the State Division of Occupational and Professional Licensing as a massage therapist or apprentice;
8. Arcades;
9. Establishments which restrict admittance based solely on age;
10. Preschools, daycares or other childcare businesses;
11. Ice cream vendors;
12. Reiki massage establishments;
13. Swimming lessons;
14. Any other business or activity identified under State law as requiring investigations; and
15. Any other business where an individual has direct access to children or vulnerable adults. (Ord. 17-18)
A. A person conducting business in the City without first obtaining a business license or a person operating a business that has been closed for nonrenewal shall be assessed a one hundred percent (100%) penalty on past due fees including any regulatory fees, subject to the thirty (30) day grace period for new business license applications outlined under section 5.04.120 of this chapter. If the business or entity violating this section is exempt or otherwise not required to pay license or regulatory fees, a penalty shall be assessed in the amount of the greater of one hundred dollars ($100.00), or one hundred percent (100%) of the amount of what the licensing and regulatory fees would have been were the business not exempt from such fees.
B. A late payment penalty shall be assessed on past due license fees for renewal of a business license as follows:
1. Fifty dollar ($50.00) late fee for the first calendar month the renewal is delinquent.
2. One hundred dollar ($100.00) late fee during the second calendar month the renewal is delinquent.
3. After seventy five (75) days' delinquency, the City License Administrator shall not accept a reissuance application for a license which has expired, or which for any other reason is not in full force and effect.
4. The late payment penalty shall be waived for renewals if payment is received within ten (10) calendar days from the expiration date of the business license.
C. This section imposing late payment penalties is in addition to and not in lieu of any legal remedy available to the City to enforce this title. Payment of a late payment penalty is not a defense to a violation of this title. (Ord. 17-18)
A. Conducting business without a license is a continuing violation and each day of operation without a business license constitutes a separate offense for which the City may pursue any or all legal remedies available under this title.
B. The City may, in addition to other remedies provided by law, institute injunctions, mandamus, abatement, or any other appropriate legal action to enforce the provisions of this title.
C. The election to pursue any particular remedy provided by law does not prevent the City from pursuing any other remedy, civil or criminal, as to the same or a similar offense, against the same person who is in violation of this title. (Ord. 17-18)
In the event that an employee, manager, or owner of any business licensed pursuant to the provisions of this title sells, gives or furnishes cigars, cigarettes or tobacco in any form to a person under the age of nineteen (19) years in contravention of City or State law, the business shall, in addition to any other civil or criminal penalties, be subject to a civil assessment, suspension or revocation of its business license. (Ord. 17-18)