Pursuant to powers granted by the state as set forth in various provisions of the Utah Code Annotated, 1953, as amended, the county intends by this chapter to regulate and license businesses and occupations within its unincorporated limits, to maintain a current index of licensed businesses and occupations and to regulate licensed entities.
It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances. Where this chapter imposes a greater restriction upon persons, premises or personal property than is imposed or required by such existing provisions of law, contract or deed, the provisions of this chapter shall control. The amendment of this chapter does not preclude enforcement of violations or collection of business license taxes and penalty fees under this chapter which existed at the time of taxation or violation prior to the implementation of any amendment. (Ord. 806, 6-12-2013)
For the purposes of this chapter, the following terms, words and phrases and their derivations shall have the meanings prescribed in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
BRANCH ESTABLISHMENT: Each separate location licensed in the county for which a specific business conducts business.
BUSINESS LICENSE ADMINISTRATOR OR ADMINISTRATOR: The division manager or the administrator's designee charged with issuance, suspension and revocation of business licenses and compliance of licenses to this chapter.
CONSENT: A written license or instrument issued by the county authorizing and empowering the grantee thereof to some act not forbidden by law but not allowable without such authority.
CONSENTEE: The person to whom a consent has been issued pursuant to the provisions of this chapter and who may also be referred to under the general term "licensee".
CONTRACTOR: Means and includes anyone defined as a contractor in Utah Code Annotated section 58-55-102 as may be amended.
COUNTY: The jurisdiction of unincorporated Summit County, state of Utah.
COUNTY COUNCIL: The legislative body of Summit County.
COUNTY MANAGER: The chief executive officer of Summit County.
ENGAGING IN BUSINESS OR CONDUCT OF BUSINESS: Includes, but is not limited to, selling tangible personal property, goods or services at retail or wholesale, manufacturing goods or property, or rendering personal services for a consideration such as the practice of any profession, trade, craft, business, occupation, or other calling. The rendering of personal services by an employee to an employer under any contract of personal employment shall not be considered as engaging in business so long as the employer is licensed under the provisions of this chapter.
INSIGNIA: Any tag, plate, badge, emblem, sticker, or any other kind of device which may be required for any use in connection with any license.
LRB: The license review board which governs the appellate process.
LICENSE: A certificate or document issued by the county evidencing permission or authority of its named holder to carry on a particular business or to pursue a particular occupation.
LICENSEE: The person to whom a license has been issued pursuant to the provisions of this chapter or to whom a consent, permit or registration has been granted pursuant to the provisions of this chapter when the term "licensee" is used in a general sense of this definition.
NUMBER OF EMPLOYEES: The average number of employees engaged in business at the place of business each regular working day during the preceding calendar year. In computing the number, each part time employee shall be counted as that fraction which is formed by using the total number of hours worked by such employee as the numerator and the total amount of hours regularly worked by a full time employee as the denominator.
PERMIT: A written license or instrument issued by the county authorizing and empowering the grantee thereof to some act not forbidden by law but not allowable without such authority.
PERMITTEE: The person to whom a permit has been issued pursuant to the provisions of this chapter and who may also be referred to under the general term "licensee".
PERSON: Any individual or natural person, receiver, assignee, trustee in bankruptcy, trust, firm, partnership, joint venture, corporation, syndicate, estate, club, company, business trust, association, society or other group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise; or any officer, agents, employees, factors, or any kind of personal representatives thereof in any capacity, acting either for himself, or for any other person, under either personal appointment or pursuant to law.
PLACE OF BUSINESS: A location maintained or operated within the county from which a person engages in business.
PREMISES: Means and includes all lands, structures, places, and also the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to, or is otherwise used in connection with any such business conducted on such premises.
REGISTRANT: The person who has registered with the county pursuant to the provisions of this chapter and who may also be referred to under the general term "licensee".
REGISTRATION: A written license or instrument issued by the county authorizing and empowering the grantee thereof to some act not forbidden by law but not allowable without such authority. (Ord. 806, 6-12-2013)
A. The provisions of this chapter shall not be deemed or construed to require the payment of a license fee by, or the issuance of a license to, any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes or from which profit is not derived, directly or indirectly by an individual, firm or profit corporation; nor shall the payment of a license fee or the issuance of a license be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, musical, religious or moral subject, whenever the receipt from such is to be appropriated to any church or school or to any religious or benevolent purpose within the county; nor shall the payment of a license fee or the issuance of a license be required for the conducting of any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association when the receipts from such are to be appropriated for the purposes and objects for which such association or organization is formed and from which profit is not derived, either directly or indirectly by any individual, firm or profit corporation. Organizers, managers or owners of such exempt event or organization located within the unincorporated areas of the county must register with the business license division. Applicants must attach a copy of the 501(c)(3) exempt status filing with the state of Utah or similar documentation prior to license and fee waiver by the business license administrator. This exemption does not waive the application fee required of any applicant for license or exemption.
B. Organizers, managers or owners of such exempt event or organization located within the unincorporated county must register with the business license division. Proof of exempt status in written form shall be required of the applicant prior to license and fee waiver by the business license administrator.
C. Exemption from business license fees is not an exemption from required registration with the division, code compliance with other state, federal and local codes, nor from payment of other county fees, such as fire, health, zoning, transit, etc., as required.
D. Solicitation for any purpose, including fundraising for charitable causes, is subject to article J, "Solicitors", of this chapter.
E. No licensing fee shall be imposed under this section upon the state of Utah or any of its political subdivisions; nor shall any such fee be imposed upon any person doing business within unincorporated Summit County who has paid a like or similar license fee to some other governmental unit within the state of Utah and has not established a separate branch establishment, nor shall any such fee be imposed upon the business of a bona fide farm or ranch engaged in raising plants and/or animals useful to man unless said business is authorized to collect sales taxes under Utah statute for sales made on such products. Any person requesting an exemption shall be required to apply, in writing, with the business license division. Application fees for either a license or an exemption shall not be exempt. (Ord. 806, 6-12-2013)
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