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3-1-1: DEFINITIONS:
For the purpose of this chapter, the following terms shall have the following meanings:
BUILDING DEPARTMENT: The Stockton Building Department and any member working for the Department.
BUSINESS, TRADE, PROFESSION OR CALLING: Any enterprise carried on for the purpose of gain or economic profit, except the acts of employees rendering services for employers.
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 management. "Engaging in business" also includes agricultural industries, but not farming or ranching.
FIRE DEPARTMENT: The Stockton Volunteer Fire Department and any member working for the Department.
HEALTH DEPARTMENT: The Tooele County Health Department and any member working for the Department.
PERSON: Any individual, receiver, assignee, trustee in bankruptcy, trust, estate, firm, partnership, joint venture, club, company, business trust, corporation, association, society or other group of individuals acting as a unit, whether mutual, cooperative, fraternal, non-profit or otherwise.
PLACE OF BUSINESS: A location maintained or operated by a person within the Town limits from which a business activity is conducted or transacted. (Ord. 05-01, 1-10-2005)
3-1-2: AUTHORITY OF TOWN:
The Town shall issue licenses and assess and collect license fees. The Town may audit the records of applicants or licensees to ensure compliance with any licensing provisions, i.e., State, Federal and local tax. The Town may refuse to issue a license or may suspend or revoke a license if the applicant or licensee, for any reason, fails or refuses to cooperate in such an audit. (Ord. 05-01, 1-10-2005)
3-1-3: LICENSE REQUIRED:
Unless exempted by State, Federal or local law, it shall be unlawful for any person to engage in business within the Town, whether on a temporary or permanent basis, without first procuring the license required by this chapter. (Ord. 05-01, 1-10-2005; amd. 2017 Code)
3-1-4: APPLICATION FOR LICENSE:
   A.   General Procedure: Applicants for a business license shall submit a properly completed application form to the Town Clerk. Unless otherwise provided, if issuance of the requested license is consistent with applicable law, the Town Clerk shall approve the application and issue a license.
   B.   Information Required: An application for a license shall be in writing on a form approved by the Town Clerk. The application shall show all of the following with respect to all persons, excluding shareholders, or their equivalent, having a legal or equitable ownership interest in the subject business or other activity:
      1.   The name, address, date of birth and both home and business telephone numbers, including the same information with respect to all partners, officers or directors;
      2.   A description of the business, trade, profession or calling for which a license is requested, including any assumed or fictitious names which may be used;
      3.   The address of the property where the subject business, trade or calling is to be carried on;
      4.   The State tax number of the subject business, trade, profession, occupation or activity, as well as department of occupation number for the prescribed business profession or trade; and
      5.   Any other information required by this title, by statute or as reasonably required by the Town Clerk.
   C.   Misrepresentation: It shall be unlawful to incorrectly or fraudulently state or misrepresent any fact as part of applying for or retaining a license.
   D.   Changes In Applicant Information: Any changes in the above information furnished by the applicant shall be forwarded in writing, within ten (10) days of the change, to the Town Clerk. (Ord. 05-01, 1-10-2005)
3-1-5: FEES:
   A.   License, Payment Of Fee Required: Every person intending to engage in business shall, before commencing business, obtain a license and pay to the Town the minimum fee in such amount as established by the Town Council required for the type of business being conducted.
   B.   Employees Exempt: An employee who is not a partner or owner shall not be required to pay for an individual license.
   C.   Advance Payment Required: License fees shall be paid in advance for the term of the license.
   D.   Refunds; Rebates:
      1.   License fees shall not be refunded because the business or activity for which the same was obtained has been discontinued for any reason.
      2.   No rebate shall be allowed upon any license.
   E.   Changes; Administrative Fee; Inspection: Other than when a business is renewing their license, if there is a change in the name of the business, address or owners different than what is shown on the Town Clerk records, an administrative fee in such amount as established by the Town Council shall be charged to update the license and a new inspection required.
   F.   Failure To Obtain License: Any person doing business without a license when a license is required, including circumstance where a license has expired, been suspended or revoked, shall, in addition to applicable criminal penalty, be required to pay double of all applicable licensing fees.
   G.   Failure To Pay; Enforcement Fee: If the license renewal fee is not paid on or before January 15 of the year in which the renewal license is due, there shall be a business license enforcement fee imposed of twenty five percent (25%) of the license fee imposed by this section or twenty five dollars ($25.00), whichever is greater. If the license renewal fee is not paid in full on or before February 15 of the year in which the renewal fee is due, the business license enforcement fee shall be increased to fifty percent (50%) of the license fee imposed by this chapter or twenty five dollars ($25.00), whichever is greater. If the renewal license fee is not paid on or before March 1 of the year in which the renewal fee is due, the business license enforcement fee shall be increased to one hundred percent (100%) of the license fee imposed by this chapter.
   H.   Violation; Administrative Penalty: Any person or entity operating a business in violation of this chapter shall be assessed an administrative penalty of one hundred fifty dollars ($150.00), in addition to the fee specified in subsection G of this section.
   I.   Civil Action: There is no right to continue a licensed activity without the payment of required fees and penalties. In addition to any criminal action, the Town may bring civil action to collect any delinquent or unpaid fee. In the event legal action is filed to collect delinquent or unpaid fees, the debtor shall pay reasonable attorney fees and costs. (Ord. 05-01, 1-10-2005; amd. 2017 Code)
   J.   Home Occupations: A home occupation business is exempt from the license fees required by this section unless the combined offsite impact of the business, together with the primary residential use, is anticipated to, or is shown to, materially exceed the offsite impact of the primary residential use alone. The Town Clerk shall determine the anticipation or existence of such impacts. (Ord. 2019-02, 1-10-2019)
3-1-6: RECIPROCAL LICENSES; NO FEE REQUIRED:
   A.   Businesses Exempt From License Fee: No business license fee shall be imposed under this chapter upon the following persons or businesses:
      1.   Any person engaged in business solely religious, charitable, eleemosynary or other types of strictly non-profit purposes who is tax exempt in such activities under the laws of the United States and the State; nor shall any business license fee be imposed on any person engaged in a business specifically exempted from Municipal taxation and fees by the laws of the United States or the State; nor shall any business license fee be imposed on any non-profit corporation duly incorporated according to the provisions of the Utah Non- Profit Corporation and Cooperative Association Act;
      2.   Any insurance company or agent, for so long as the State law exempts them;
      3.   A property owner having for rent two (2) or more dwellings within the boundaries of the Town;
      4.   Any sales of merchandise damaged by smoke or fire or bankrupt concerns, where such stocks have been acquired for merchants of the Town theretofore, regularly licensed and engaged in business; provided, however, no such stocks or merchandise shall be augmented by other goods;
      5.   Yard sales. Any person who sells his/her own property which has not acquired for resale, barter or exchange and who does conduct such sales or act as a participant by furnishing goods in such a sale not more than four (4) days in any one calendar month at the same residence;
      6.   A business that is operated only occasionally and by an individual who is under eighteen (18) years of age.
   B.   Occupational, Professional Businesses Not Exempt: Occupational and professional licenses are not reciprocal business licenses. Such licensees shall also take out a Town business license and pay the required license fee. (Ord. 2019-03, 2-14-2019)
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