CHAPTER 17
TEMPORARY AND SEASONAL BUSINESSES
TEMPORARY AND SEASONAL BUSINESSES
A. Definitions: As used in this article, the following terms shall have the designated meanings:
EXHIBITION: A show or exhibit lasting no more than seven (7) consecutive days, or for no longer than fifteen (15) consecutive weeks when conducted only one day per week or every weekend (Friday, Saturday and/or Sunday), where the operator allots space on a daily or hourly basis to vendors or exhibitors, such as arts and crafts show, gun show, antique shows, trade shows or exhibitions. It shall not include swap meets.
PARTICIPANT: A vendor participating in an exhibition or special event. A participant shall not include persons offering goods on a consignment basis to the operator, wherein any payment for such goods is included in the gross sales receipts of the operator.
SPECIAL EVENT: A civic event or community celebration open to the general public, sponsored by the city or another governmental entity, a bona fide nonprofit association, church or political organization, where the sponsor allots space to vendors or exhibitors on a daily or hourly basis. A special event shall last no longer than seven (7) consecutive days, or no longer than fifteen (15) consecutive weeks when conducted only one day per week or every weekend (Friday, Saturday and/or Sunday).
B. Required: It is unlawful for any person to engage in the operation of an exhibition or special event within the corporate limits of the city without first having obtained an exhibition or special event license as required herein. It is unlawful for any person to be a participant in an exhibition or special event by selling, or offering for sale, food, drinks, goods or other merchandise, without first having obtained an exhibition or special event participant license. Neither the operator, sponsor or any participant may sell alcoholic beverages during the exhibition or special event without first qualifying for, and obtaining, the necessary licenses or permits from the city and/or the state. All business activities not qualifying as an exhibition or special event are required to be licensed under the other applicable provisions of this title.
C. Application; Approval: Application for license shall be on forms provided by the city, which shall contain, at a minimum, the following information:
1. The location and duration of the exhibition or special event.
2. The name and mailing address of the applicant.
3. A statement as to whether the applicant is a sponsor, operator, or participant.
4. Whether sales will be on a consignment basis.
5. A description of items to be sold.
6. A list of food items and food vendors, if any, participating in the exhibition or special event, along with evidence of compliance with appropriate rules of the county health department.
7. Evidence of compliance with Utah state tax commission sales tax collection requirements.
D. Shortened Application; Authority: The business license coordinator is authorized to establish a shortened application, approval and issuance procedure.
E. Fee: The fee for an exhibition or special event license and the participants thereof shall be as specified in chapter 1, article B of this title.
Notes
| 1 | 1. Upon application for an amended special event or exhibition business license, the new fees and licensing criteria approved by ordinance 2004-55 may be applied retroactively to any reoccurring special event or exhibition issued a license on or after June 15, 2004. |
A. Required: It is unlawful for any person, firm or corporation to engage in the business of selling fir or evergreen trees, or trees commonly called Christmas trees, in the city without first obtaining a license therefor.
(1979 Code § 5.20.010)
B. Application: Any person, firm or corporation desiring a license to sell and dispose of fir, evergreen or Christmas trees within the city shall make application therefor, under oath, to the business license coordinator and in such application shall specifically state and set forth the source and title of the trees to be sold, whether the same or any part thereof were cut or procured within any public domain of the United States or of the state or any county within the state, or from any private land, and shall be required in connection with the application for sale to furnish the city evidence of ownership of such trees or authority to cut and procure the same from the public domain or from private lands.
(1979 Code § 5.20.020; amd. 1999 Code)
C. Issuance; Term; Fee; Exception: The business license coordinator shall, if he is satisfied from the application and the showing made by the applicant that the applicant has a bona fide title to the trees and that the same were not obtained illegally and in violation of any laws of the United States or of the state, or any law, rule or regulation of the state or county from which the trees have been obtained relative to the cutting down of fir or evergreen trees, and that applicant has authority to cut and procure the same from the public domain or from private land, grant to the applicant a license upon the payment of a license fee as established in chapter 1, article B of this title, from November 1 of each year for a period of sixty (60) days.
(1979 Code § 5.20.030; amd. Ord. 81-27, 6-25-1981; Ord. 87-8, 1-22-1987; Ord. 97-94, 12-16-1997)
A. Written Consent To Cut: It is unlawful for any person or persons, firm or corporation to sell at any time or offer for sale in the city any fir, evergreen or Christmas tree cut or procured from or within the public domain of the United States or the state or from any private land within the state, without written authority having been first obtained from the United States or the state or from the owner of such private lands to cut and remove such trees.
(1979 Code § 5.20.040)
B. Untagged Trees: It is unlawful for any person, firm or corporation to have in his or its possession for sale or to sell or offer for sale in the city any such trees as described in this article until the same shall have been officially tagged with a tag furnished or approved either by the United States forestry service or the department of forestry of the state.
(1979 Code § 5.20.050)
The following definitions shall apply whenever the terms listed are used in this article:
DISTRESSED GOODS: Includes all goods, wares and merchandise that are sold at sales represented or advertised as a bankrupt, insolvent's, assignee's, adjustor's, trustee's, executor's, administrator's, receiver's, wholesaler's, jobber's, manufacturer's, closing out, liquidation, quitting business, fire or water damage sale, or any sale which, by representation or advertisement, tends to lead the prospective purchaser to believe that the person conducting the sale is closing out his business and disposing of all his goods, wares or merchandise for less than the current or prevailing prices thereof in the city.
FALSE ADVERTISING: Any advertising, whether by placard, poster, sign, handbill, newspaper, magazine, circular, radio, television or any other means of communication, the effect of which is to suggest incorrectly the source, quality, price or value of the goods being sold or the reason for the sale thereof.
PERSONS: Includes any person, firm, association or corporation in the city.
(1979 Code § 5.48.010)
A. Required: It shall be unlawful for any person to sell or advertise distressed goods unless a license has been issued for such sale by the business license coordinator.
(1979 Code § 5.48.020; amd. 1999 Code)
B. Application; Contents: All applications for licenses authorized by this article shall contain the name and address of the applicant and, if the applicant is an agent, the name and address of the person for whom he is acting; shall specify the period of time during which the sale will be conducted, which shall not exceed three (3) months, except as provided in this article; shall have attached to it a complete and accurate list of all goods to be sold, together with the wholesale price thereof; and shall contain a statement that no other goods will be commingled with the distressed goods and that all the information contained on the application and the attached inventory are true and correct. The application shall be subscribed to under oath by the applicant or by his resident agent thereunto authorized.
(1979 Code § 5.48.030)
C. Fee; Period: The license fee for a sale of distressed goods shall be as determined in chapter 1, article B of this title, and the license shall be valid for thirty (30) days after the date of its issue. If all such items on such inventory are not sold within thirty (30) days from the issuance of the license it may be renewed, upon application and payment of the renewal fee, if a sworn statement is filed with the business license coordinator listing the items on the original inventory that have not been sold and affirming that no goods other than the inventoried goods have been or will be sold in connection with such sale.
(1979 Code § 5.48.040; amd. Ord. 81-27, 6-25-1981; Ord. 97-94, 12-16-1997; 1999 Code)
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