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ARTICLE A. LICENSING REQUIREMENTS
SECTION:
5-1A-1: Definitions
5-1A-2: Business License Required
5-1A-3: Exemptions From Business License Requirement
5-1A-4: Reserved
5-1A-5: Businesses Governed By Other Provisions
5-1A-6: Reciprocal Recognition Of Business Licenses
5-1A-7: Place Of Business Is An Element Of Business
5-1A-8: Business License Coordinator; Duties And Responsibilities
5-1A-9: Application For License
5-1A-10: Reserved
5-1A-11: Issuance
5-1A-12: Renewals
5-1A-13: Fee For License; License Terms
5-1A-14: Failure To Renew Or Obtain License; Penalties
5-1A-15: Delinquency; Authority Of City
5-1A-16: Reserved
5-1A-17: No Rebate Allowed; Exemptions
5-1A-18: Appeals; License Fees, Penalties And Rebates
5-1A-19: Inspections
5-1A-20: Enforcement; Powers Of Business License Coordinator
5-1A-21: Inspection Duty; Reporting Delinquency
5-1A-22: Destruction Of Records
5-1A-23: Transfer Of License
5-1A-24: Display Of License
5-1A-25: Bonds Required For Particular Businesses
The following terms shall be defined as indicated for the purpose of this title:
ALCOHOLIC BEVERAGE LICENSES: A class A, class B, class C, class D, class E or class F beer license, or a liquor consumption license under chapter 3, article C of this title.
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.
APPLICATION: A formal written request for the issuance of any license permitted under this title.
AUTHORIZED OFFICERS: Those persons authorized by the city or other entities to inspect businesses and enforce the provisions of this title or other applicable regulations, including peace officers and employees of the county health department, fire department, planning division, inspection services division, code enforcement division, and the business license coordinator.
BUSINESS: Includes every trade, occupation, profession or activity engaged in within the city with the object of gain or economic profit, excluding however, the acts of employees rendering service to employers unless otherwise specifically provided.
BUSINESS LICENSE COORDINATOR: The person designated by the director of the management services department as the officer charged with the assessment and collection of business license taxes and fees, and with the enforcement of this title.
CONSOLIDATED BUSINESS LICENSE FEE SCHEDULE: The schedule of business license fees adopted under article B of this chapter.
EMPLOYEE: All individuals who work for an employer for salary or commission or wages and who are subject to the direction and control of such employer and who do not share in the profits and losses of such employer. It does not include independent contractors. For purposes of the employee fee, imposed as part of the disproportionate impact fee under subsection 5-1B-2C of this chapter, "employee" shall not include disabled persons participating in a sheltered workshop program operated by a nonprofit organization, where the primary purpose of establishing the employee relationship is to provide job training.
ENGAGING IN BUSINESS: Any enterprise carried on for the purpose of gain or economic profit, including, but not limited to, the sale of real or personal property at retail or wholesale, the keeping, conducting, operating or maintaining of a "rental dwelling" as defined in chapter 10 of this title, the bartering or trading of property or services, the manufacturing of goods or property and the rendering of personal services for others for a consideration by persons engaged in any profession, trade, craft, business, occupation or other calling, except that the acts of employees rendering services to employers are not included in this definition.
PERSON: Includes every individual, partnership, corporation, association, or other legal entity engaged in business.
PLACE OF BUSINESS: Each separate location operated, maintained, or occupied by the licensee, whether or not under the same name, within the city in which business is engaged.
(Ord. 2011-51, 10-25-2011)
Unless otherwise provided, it shall be unlawful for any person to engage in any business within the city without first having obtained a business license pursuant to this title. A separate license shall be required for each type of "business" defined herein and for each separate place of business maintained within the city. Each day of noncompliance shall constitute a separate violation.
(1979 Code § 5.04.020; amd. Ord. 88-49, 12-28-1988; Ord. 97-94, 12-16-1997)
A. Conflicts: Any provision of this article in conflict with a specific ordinance or provision pertaining to a business or activity regulated under this title shall be inapplicable and the specific regulatory provision shall govern.
B. Public Utility Business: Any public utility business holding a franchise from the city under which franchise the city is to be paid a franchise fee or tax in lieu of all other license fees or taxes shall be exempt from the provisions of this article; provided, that if such business maintains a business office within the city, such business office location shall be licensed in accordance with the provisions of this article, including the payment of license fees applicable to such office.
(1979 Code § 5.04.050; amd. Ord. 88-49, 12-28-1988; Ord. 97-94, 12-16-1997)
A. Conditions: No business license shall be required of any person whose only business activity in the city is the mere delivery in the city of property sold by him at a regular place of business maintained by him outside the city, where:
1. Such person's business is at the time of such delivery licensed by the Utah municipality or county in which such place of business is situated; and
2. The authority licensing such business grants to licensees of this city making deliveries within its jurisdiction the same privileges, upon substantially the same terms, as are granted by this section; and
3. Neither the property delivered nor any of the facilities by which it was manufactured, produced or processed are subject to inspection by authority of this city for compliance with health or sanitary standards prescribed by this city; and
4. The truck or other conveyance by which such delivery is made prominently displays at all times a license plate or symbol issued by the licensing authority to evidence such business license. Such plate or symbol shall identify the licensing authority by which it is issued, shall indicate that it evidences a license issued thereby, and shall specify the year or term for which it is effective.
B. Proof Required: Before reciprocity is granted, the person must show proof of a valid business license in a qualifying city or county, and may be required to fill out a business license application, if determined by the business license coordinator to be necessary to establish whether reciprocity should be granted. Reciprocity shall not be granted to solicitors, mobile food units or any business requiring police check or police identification cards.
C. Certification Of Section: The city recorder shall, at the request of any person upon payment of copying and postage costs, certify a copy of this section to any city or county of the state.
(1979 Code § 5.04.060; Ord. 88-49, 12-28-1988; amd. Ord. 97-94, 12-16-1997)
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