A. An application for a license under this chapter shall be made in writing, under oath, and on a form provided by the License Officer, and containing at a minimum the applicant's name, social security number, date of birth, and residence address, the location of the proposed licensed or permitted premises, the class of license desired, any convictions for crimes which could disqualify the applicant as a licensee or permittee, and a space for the applicant to sign, under penalty of law, certifying that the applicant has complied with all requirements and possesses all qualifications for issuance of a license and that all information contained in the application is true. If the applicant is a partnership, corporation, limited liability company, or other entity, the names and addresses of all partners, officers, directors, members, joint venturers, trustees, and shareholders must be stated. Applications by a partnership, limited liability company, or joint venture must be subscribed and sworn to as set out above by all partners or members. Applications by a corporation must be subscribed and sworn to as set out above by the president and secretary or trustees.
B. Any application submitted under this chapter shall be accompanied by:
1. A nonrefundable fifty dollar ($50.00) application fee;
2. An issuance fee as prescribed in subsection 5.08.070B of this chapter, which is refundable if a license is not issued;
3. A copy of the applicant's current business license or application therefor;
4. For applicants that have not previously obtained a license from the City, character references from at least three (3) individuals who personally know the applicant (or if a business entity, the agent for applicant), and whom the City may contact for an opinion on the moral character of applicant and applicant's fitness to obtain a license; and, if the applicant has previously held a license in the State of Utah, the references shall have personal knowledge of the applicant's conduct in relation to said prior licensing or permitting;
5. Evidence of the distance to the nearest school, church, public library, public playground or park;
6. A signed consent form stating that the licensee or permittee will permit any authorized representative of the City or any law enforcement officer unrestricted right to enter the licensed premises; and
7. Any other information the License Officer may require.
C. All applications for any license under this chapter shall be made pursuant to this section regardless of whether the application is for a new license, renewal, or due to a change of ownership, a change of lessee of an existing licensed premises, or a change of location of an existing licensed premises. However, an applicant renewing an existing license which is in good standing shall not be required to provide new references or new evidence of distance, and city council approval shall not be required for renewal provided that no material changes have occurred that would warrant a new city council review. However, the city council may upon recommendation of the license officer or mayor or of its own volition elect to review any renewal application as if it were a new application hereunder.
D. All applications and accompanying information shall be returned to the license officer.
E. The license officer shall submit copies of the application and accompanying information to the fire department and police department.
F. After receiving the signed, written approval from each of the entities named in subsection E of this section, the application and accompanying information, along with a complete criminal history of the applicant and all appropriate partners, members, officers, directors, agents, and shareholders, shall be presented for review by the city marshal and approval by the city council.
G. The city council shall issue a license only after considering the location, physical characteristics, capacity, and condition of the proposed licensed premises, the character, background, management experience and qualifications of the applicant, the nature and class of the proposed license, and public input with respect to issuance of the license, and after finding that the public convenience requires and the best interests of the community will be substantially served by the issuance of the license.
H. Whenever a license is made available under this chapter, the city shall give notice of the availability of the license in each category by posting the notice in the city office building and by publishing such notice in a newspaper of general circulation in the city. The notice shall provide a deadline of no less than fourteen (14) days within which to make application for the available license. Upon expiration of the deadline and review of all applications submitted in accordance with this section, a hearing shall be set before the city council to consider issuance of any available license. In the event that the number of applications exceeds the number of available licenses or permits in any one category, the available license may be issued to that applicant or applicants who, in the determination of the city council, best qualify and which will best serve the interests of the community as determined under this section. No provisions of this chapter shall require the city to issue any license applied for under this chapter.
I. Any license issued under this chapter shall be to conduct permitted activities only at the specific place and in the specific manner provided in such license. A separate license shall be obtained for each license classification and for each different location for which the applicant desires to carry on activities regulated by this chapter.
J. No license issued under this chapter shall be assigned, transferred, leased, subleased, sold, or otherwise transferred, except that, in the sole discretion of the city council, a transfer of a license may be permitted upon a change of location where the owner remains the same, or upon a change of owners where the location remains the same. In either case, the same requirements as to the location of premises and the character and qualifications of the licensee shall apply, and the same fees will be required as in the case of the issuance of an original license.
K. A license issued under this chapter which is not used by the licensee within or a period in excess of ninety (90) consecutive days shall automatically revert to the city and shall no longer have any validity. (Ord. 2015-20)