TITLE 3
BUSINESS AND LICENSE REGULATIONS
CHAPTER 1
GENERAL BUSINESS LICENSE REGULATIONS
SECTION:
3-1-1: Definitions
3-1-2: License Required
3-1-3: Double Fee For Failure To Obtain Required License
3-1-4: Application For License
3-1-5: Inspections For Code Compliance
3-1-6: Denial Or Revocation Of License
3-1-7: License Period
3-1-8: Contents Of License
3-1-9: Exhibition Of License
3-1-10: Branch Establishments/Separate Businesses
3-1-11: License Fees
3-1-12: Exemptions To The Business License Fee
3-1-13: Penalty
3-1-1: DEFINITIONS:
   BUSINESS: Any enterprise carried on for the purpose of gain or economic profit, except the acts of employees rendering services for employers.
   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, nonprofit or otherwise. (Ord. 2003-01, 2-18-2003)
3-1-2: LICENSE REQUIRED:
   A.   Unless exempted by State, Federal or local law, it shall be unlawful for any person to engage in business within the City of Sunset, whether on a temporary or permanent basis, without first procuring the license required by this chapter. All licenses issued under the provisions of this title are nontransferable and expire on December 31 of each year.
   B.   Exceptions are as follows:
      1.   Home occupation businesses that do not create an additional offsite impact that exceeds the impact of residential use alone (see title 10, chapter 9, "Home Occupations", of this Code).
      2.   A business that is operated only occasionally by an individual who is under eighteen (18) years of age is not required to obtain a City business license.
   C.   It shall be unlawful for any person to sell, or allow to be sold, more than two (2) vehicles, boats, motorcycles, trailers, mobile homes, camper shells or a combination of either within any twelve (12) month period without first procuring a business license from the City for allowing the sale of said vehicles. (Ord. 2017-11, 11-21-2017)
3-1-3: DOUBLE FEE FOR FAILURE TO OBTAIN REQUIRED LICENSE:
Unless exempted by State, Federal or local law, any person who engages in business prior to obtaining a business license shall pay double the specified fee for said license. The payment of such double fee shall not relieve any person from fully complying with all the requirements of the law, nor from any other prescribed penalties. (Ord. 2003-01, 2-18-2003)
3-1-4: APPLICATION FOR LICENSE:
   A.   All applications for license shall be in writing to the City Recorder and all applications for license must be signed by the Mayor.
   B.   Each application shall state:
      1.   Date of application.
      2.   Name and address of applicant.
      3.   Name and location of business.
      4.   Detailed description of the business to be conducted.
      5.   If applicable, State Sales Tax reporting number, State contractor's license number, State real estate broker's license number, etc.
      6.   Any other facts necessary for the determination of the license fee and propriety of issuance of the license.
   C.   Any change in the above information furnished by the applicant shall be forwarded in writing, within ten (10) days of the change, to the city recorder.
   D.   The applicant must include the fee designated on the business license fee schedule with his or her completed application.
   E.   Unless otherwise provided herein, no business license fee is refundable for any reason whatsoever, once the license has been issued. If a license is denied, the applicant shall be entitled to a refund of the amount paid in excess of the ten dollar ($10.00) application processing cost and the cost of any inspections that may have been completed. (Ord. 2003-01, 2-18-2003)
3-1-5: INSPECTIONS FOR CODE COMPLIANCE:
Prior to the issuance of a license to engage in a business not previously licensed at that location, or a business with a change of location, the applicant shall permit inspection of the prospective place of business to ensure compliance with building, fire and health codes. The city may, at any time, inspect the business premises during normal business hours or request business documents to verify information offered in a new application or by an existing licensee. Failure to comply with city codes may result in revocation of the business license. (Ord. 2003-01, 2-18-2003)
3-1-6: DENIAL OR REVOCATION OF LICENSE:
   A.   If a license under the provisions of this chapter is denied, the applicant therefor shall be given written notice thereof.
   B.   The city council may revoke any license obtained by fraud or deceit or upon the violation of any laws of the state of Utah, the United States government or the ordinances of the city governing operation of the business for which the applicant is applying for the license. Prior to revocation, the licensee shall be served with a written notice of the violation and to appear before the city council at the next regular meeting and show cause why said license should not be revoked.
   C.   No person who has been denied a license, or whose license has been revoked under the provisions of this chapter, shall thereafter be granted a license under the provisions of this chapter for six (6) months after such denial or revocation has occurred. (Ord. 2003-01, 2-18-2003)
3-1-7: LICENSE PERIOD:
New license certificates issued between January 1 and November 30 shall be valid through December 31 of the year of issuance unless revoked. New license certificates issued between December 1 and December 31 may be valid through December 31 of the year following the year of issuance. Renewed license certificates shall be valid through December 31 of the year of renewal unless revoked. (Ord. 2003-01, 2-18-2003)
3-1-8: CONTENTS OF LICENSE:
Each license issued hereunder shall state upon its face the following:
   A.   The name of the licensee and any other name under which such business is to be conducted.
   B.   The type of business and address of each business licensed.
   C.   The date of issuance and expiration thereof.
   D.   Such other information as the city recorder shall determine. (Ord. 2003-01, 2-18-2003)
3-1-9: EXHIBITION OF LICENSE:
It shall be the duty of each licensee to keep his/her license displayed and exhibited in a conspicuous place within the business while the license is in force. Every licensee that does not have a fixed place of business shall produce the license for inspection when requested to do so. (Ord. 2003-01, 2-18-2003)
3-1-10: BRANCH ESTABLISHMENTS/SEPARATE BUSINESSES:
   A.   A separate license must be obtained for each branch establishment or separate location in which business is engaged in within the city as if such branch establishment or location were a separate business. Each license authorizes the licensee to engage only in the business licensed at the location and in the manner designated in such license.
   B.   Where two (2) or more persons conduct separate businesses at the same location, each such person shall obtain a separate license for each such business and must pay the required license fee for such business. (Ord. 2003-01, 2-18-2003)
3-1-11: LICENSE FEES:
   A.   The license fee rates shall be set by resolution as may be adopted and passed by the city council and a copy shall be available at the city offices. It shall cover the types of business and the business license fee set on a per year basis. (Ord. 2003-01, 2-18-2003)
   B.   If any license renewal fee is not paid by January 15 of each year, a penalty of fifty percent (50%) of such license fee shall be added to the original amount due. If the license fee plus penalty fee is still not paid by February 1, a penalty of seventy five percent (75%) of the license fee shall be added to the original amount due. If the license fee plus penalty fee is still not paid by March 1, a citation for engaging in business without a license shall be issued and an additional one hundred dollars ($100.00) shall be added to cover collection costs. Should it be necessary to take this matter to court, the business shall become responsible to reimburse the city for all attorney fees, court costs and any other expenses incurred by the city to clear up the account. Said business license shall not be issued without the payment of said penalties herein prescribed. (Ord. 2005-11, 11-15-2005)
3-1-12: EXEMPTIONS TO THE BUSINESS LICENSE FEE:
   A.   No business license fee shall be imposed under this section upon the following persons or businesses:
      1.   Any person engaged in business for solely religious, charitable, eleemosynary or other types of strictly nonprofit purposes who is tax exempt in such activities under the laws of the United States and the state of Utah, 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 of Utah; nor shall any business license fee be imposed on any nonprofit corporation duly incorporated according to the provisions of the Utah nonprofit corporation and cooperative association act.
      2.   Any insurance company or agent, for so long as state law exempts them.
      3.   Any contractor holding a valid license issued by the local jurisdiction in which the licensee has its principal place of business, and by the state under Utah Code Annotated, part 3, chapter 55, title 58.
      4.   Any alarm company holding a valid business license issued by the local jurisdiction in which the licensee has its principal place of business.
      5.   Any tow truck motor carrier holding a valid business license to perform tow truck service issued by the local jurisdiction in which the licensee has its principal place of business unless the tow truck business is also physically located in Sunset City.
      6.   Any person who sells his/her own property which was not acquired for resale, barter or exchange and who does not conduct such sales or act as a participant by furnishing goods in such a sale more than twice during any calendar year.
      7.   Any person selling surplus household goods or furnishings at a private residence in the garage or yard, if such garage or yard sale is held no more frequently than three (3) days in any one calendar year at the same residence. (Ord. 2014-01, 3-4-2014)
   B.   Any person claiming exemption pursuant to this section shall file a verified statement with the city recorder stating the facts upon which exemption is claimed. The city recorder shall, upon a proper showing contained in the verified statement, and upon approval by the city council, issue a license to a person claiming exemption under the provisions of this chapter without payment to the city of the license fee required by this chapter. (Ord. 2003-01, 2-18-2003)
3-1-13: PENALTY:
Any person engaging in business within the city, whether on a temporary or permanent basis, without first obtaining a license as herein provided, or after such license has been revoked, shall be deemed guilty of a class B misdemeanor and subject to penalty as provided in section 1-4-1 of this code.
Any previously licensed business cited for engaging in business in violation of this chapter shall have five (5) days from the date of citation to comply with this law. Failure of the licensee to comply within five (5) days of the date of citation will subject the business to closure and will subject the licensee to all applicable civil and criminal penalties. (Ord. 2003-01, 2-18-2003)