For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT-ORIENTED BUSINESS. An establishment that:
(1) Provides amusement or entertainment which is distinguished or characterized by an emphasis on material depicting, describing or relating to specified sexual activities or specified anatomical areas;
(2) Features topless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment;
(3) A book or video store having the substantial or significant portion of its trade in books, magazines, periodicals or other materials which are distinguished or characterized by their emphasis on specified sexual activities or specified anatomical areas; or
(4) A theater used exclusively or primarily for presenting material distinguished or characterized by specified sexual activities or specified anatomical areas for observation by persons 18 years of age or older on the premises.
AGRICULTURAL INDUSTRY OR BUSINESS. An industry or business involving agricultural products in manufacturing, packaging, treatment, sales, intensive feeding or storage, including, but not limited to, commercial greenhouses, feed yards, fur farms, food packaging or processing plants, fruit and vegetable stands, commercial poultry or egg production and similar uses. AGRICULTURAL INDUSTRY OR BUSINESS shall not include the raising or sale of unprocessed crops, including hay.
ALCOHOLIC BEVERAGE REGULATIONS. The county regulations governing the requirements related to beer are defined by this Title XI or the currently adopted state code, U.C.A. Title 32B. The more strict requirement shall apply within the county.
APPLICANT. Any person, corporation or partnership applying for a license provided for in this Title XI.
APPLICATION. A form written request for the issuance of any license permitted under this Title XI.
BUSINESS, TRADE, PROFESSION or CALLING. Includes all activities engaged within the unincorporated limits of the county carried on for the purpose of gain or economic profit, except that the acts of employees rendering service to employers shall not be included in the term BUSINESS unless otherwise specified.
CHURCH. A building:
(1) Set apart for worship;
(2) In which religious services are held;
(3) With which clergy is associated; and
(4) That is tax exempted under the laws of the state.
CLERK/AUDITOR. The Sevier County Clerk/Auditor.
COMMUNITY LOCATION.
(1) A public or private school;
(2) A church;
(3) A public library;
(4) A public playground; or
(5) A public park.
COUNTY. The County of Sevier, State of Utah.
DOOR-TO-DOOR SOLICITATION. The practice of engaging in or attempting to engage in conversation with any person at a residence, whether or not that person is a competent individual, while making or seeking to make or facilitate a home solicitation sale, or attempting to further the sale of goods and/or services.
EDUCATIONAL FACILITY. Includes:
(1) A nursery school;
(2) An infant day care center; and
(3) A trade and technical school.
ENGAGING IN BUSINESS. The sale of tangible personal property at retail or wholesale, the manufacturing of goods or property and the rendering of personal services for others for consideration by persons engaged in any profession, trade, craft, business, occupation or other calling, except the rendering of personal services by an employee to an employer under any contract of personal employment. ENGAGING IN BUSINESS also includes agricultural industries, but not farming or ranching.
FARMING. Tilling soil, raising and selling unprocessed crops, including hay, horticulture and gardening, breeding, grazing and keeping or raising domestic animals and fowl, but shall not include any agricultural industry or business.
FEE SCHEDULE. The schedule of fees listed in Appendix A of this chapter.
FIRE HAZARD. Includes any combustible or explosive matter or dangerous accumulation of waste paper, boxes or highly inflammable substances especially likely to ignite in any building or premises.
FOOD TRUCK or FOOD CART. A fully encased food service establishment:
(1) On a motor vehicle or on a trailer that a motor vehicle pulls to transport; and
(2) From which a food vendor prepares, cooks, sells or serves food or beverages for immediate human consumption.
FOOD TRUCK EVENT. An event where an individual has ordered or commissioned the operation of a food truck at a private or public gathering.
FOOD TRUCK VENDOR. A person who sells, cooks or serves food or beverages from a food truck.
GOODS. One or more tangible items, wares, objects of merchandise, perishables of any kind, subscriptions or manufactured products offered, provided or sold.
HEALTH DEPARTMENT. The Central Utah Public Health Department.
HOME-BASED BUSINESS. A business that is operated out of a person’s primary residence.
ICE CREAM TRUCK. A fully encased food service establishment:
(1) On a motor vehicle or on a trailer that a motor vehicle pulls to transport;
(2) From which a vendor, from within the frame of the vehicle, services ice cream;
(3) That attracts patrons by traveling through a residential area and signaling the truck’s presence in the area, including by playing music; and
(4) That may stop to serve ice cream at the signal of a patron.
LICENSED PREMISES. Relative to beer licenses, any room, house, building, structure or place occupied by any person licensed to sell beer or to allow the consumption of liquor on such premises under this Title XI, provided that, in any multi-roomed establishment, an applicant shall designate a room or portion of a building of such business for consumption or the sale of beer, which portion so specifically designated in the application and in the license issued pursuant thereto shall be the LICENSED PREMISES. Multiple dining facilities located in one building and owned or leased by one licensed applicant shall be deemed to be only one LICENSED PREMISES.
LICENSEE. Relative to beer licenses, any person(s) holding any beer, liquor or private club license in connection with the operation of a place of business or private club. This term shall also include any employee of the LICENSEE.
NO SOLICITATION SIGN. A reasonably visible and legible sign that states “No Soliciting,” “No Solicitors,” “No Salespersons,” “No Trespassing” or words of similar import.
NUISANCE. Relative to beer licenses, any room, building, structure or place which is licensed under the provisions of this Title XI, where:
(1) Alcoholic beverages are manufactured, sold, kept, bartered, stored, given away or used contrary to the State Alcoholic Beverage Control Act, being U.C.A. Title 32B, or this Title XI, or where persons resort for drinking beverages contrary to the State Alcoholic Beverage Control Act or this Title XI;
(2) Persons under the age of 21 are permitted to purchase or drink beer; or
(3) Applicable laws or ordinances governing a licensee’s business operation are violated by the licensee or his or her agents or patrons with the consent or knowledge of the licensee.
OFF-SITE IMPACT. The cumulative effect of light, noise, traffic, dust and street use that a home-based business has on the primary residential use and surrounding neighborhood.
PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.
PLACE OF BUSINESS. Each separate location maintained or operated by a person within the unincorporated limits of the county from which a business activity is conducted or transacted; and as used in connection with the issuance of a beer license, means and includes cafés, restaurants, public dining rooms, cafeterias, lounges, taverns, cabarets and any other place where the general public is invited or admitted for business purposes, and shall also be deemed to include private clubs, corporations and associations operating under charter or otherwise wherein only the members and their guests are invited. Occupied hotel and motel rooms that are not open to the public shall not be deemed to be PLACES OF BUSINESS as herein defined.
RESORT. Any place consisting of one or more buildings or structures within the county open to public patronage for compensation and wherein there are facilities for dining, boating, lodging and/or any other similar activity. It does not include such picnic areas and mountain retreats which are dedicated for public use for limited activities of churches or civic organizations which use the proceeds for charitable or religious purposes.
RETAILER. Relative to beer licenses, any person engaged in the sale or distribution of beer to the consumer.
SALE OF GOODS OR SERVICES. The conduct and agreement of a solicitor and the competent individual in a residence regarding particular goods or services that entitles the consumer to rescind the same within three days under any applicable federal, state or local law.
SERVICES. The intangible goods or personal benefits offered, provided or sold to a competent individual of a residence.
SCHOOL. A building used primarily for the general education of minors. SCHOOL does not include an educational facility.
SHORT TERM RENTAL. A residential unit, or any portion of a residential unit, that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days.
SOLICITING, SOLICIT or SOLICITATION. Any of the following activities:
(1) Seeking to obtain sales or orders for the exchange of goods, wares, merchandise or perishables of any kind, for any kind of remuneration or consideration, regardless of whether an advance payment is sought;
(2) Seeking to obtain prospective customers to apply for or to purchase insurance, subscriptions to publications or publications;
(3) Seeking to obtain contributions of money or any other thing of value for the benefit of any person or entity;
(4) Seeking to obtain orders or prospective customers for goods or services;
(5) Seeking to engage an individual in conversation at a residence for the purpose of promoting or facilitating the receipt of information regarding religious belief, political position, charitable conduct or a home solicitation sale; or
(6) Other activities falling within the commonly accepted definition of SOLICITING, such as hawking or peddling.
SOLICITOR. A person engaged in door-to-door solicitation.
YOUTH. Any person under 21 years of age.
YOUTH CAMP or YOUTH HOME. Any facility for the accommodation, care, recreation or training of youth for hire where the care, accommodation, recreation or boarding of youth is done for compensation, whether by fee or gift.
(Ord. 2020-11-1, passed 11-23-2020)