TITLE 3
BUSINESS AND LICENSE REGULATIONS
CHAPTER 1
BUSINESS LICENSE PROVISIONS
SECTION:
3-1-1: Purpose
3-1-2: Definitions
3-1-3: License Officer; Powers And Duties
3-1-4: License Required; Exemptions
3-1-5: Application For License; Renewal
3-1-6: License Application Or Application For License Fee
3-1-7: License Term And Payment Dates
3-1-8: Business License Certificates
3-1-9: Transfer Of License Prohibited
3-1-10: Branch Establishments
3-1-11: Reciprocal Recognition; Delivery Of Goods
3-1-12: Revocation Or Denial Of License
3-1-13: Violations Criminal; Civil Penalties
3-1-1: PURPOSE:
This title, adopted pursuant to Utah Code Annotated Title 10, Chapters 1 and 8, as amended, is enacted for the following purposes: a) to license, regulate and control businesses within the corporate limits of the City; and b) to assist in the maintenance of a current index of all businesses within the corporate limits of the City. (Ord. 2020.14, 7-16-2020)
3-1-2: DEFINITIONS:
As used throughout this title, the following terms or phrases shall have the following meanings:
BUSINESS:
Includes all kinds of vocations, occupations, professions, enterprises, establishments and all other kinds of activities and matters, whether full time or part time, together with all devices, machines, vehicles and appurtenances related thereto, any of which are conducted for gain or economic profit or benefit, either directly or indirectly, on any premises within the City.
CITY CLERK:
Either the Toquerville City Clerk (or Deputy Clerk) or the Toquerville City Recorder (or Deputy Recorders) or a combination of both if the statutory positions are held by the same person.
CONDITIONAL USE PERMIT:
A permit, based upon compliance with certain conditions, issued by the City Council for the use of property adjudged to be in harmony with the intent and purpose of a specified zone but not included in the list of permitted uses for the zone in which the property is located. A conditional use permit must be obtained prior to the issuance of a Business License for any business making use of property which is not included in the list of permitted uses within a specified zone. However, a conditional use permit shall not be required for the issuance of a Business License for any business making use of property which is included in the list of permitted uses within a specified zone.
EACH SEPARATE PLACE OF BUSINESS:
Each separate establishment or place of operation, whether or not operating under the same name, within the City, including a home or other place of lodging if the same is held out by advertisements, listings or otherwise as the establishment or place of operation of a person engaging in business.
ENGAGING IN BUSINESS:
Includes, but is not limited to, the sale of tangible personal property at retail or wholesale, the manufacturing of goods or property, the storage of vehicles, equipment, inventory or supplies, the rendering of administrative services of business including billing, collection and customer support and the rendering of personal services for others for a consideration by persons engaged in any vocation, occupation, profession, trade or other calling; provided, however, that the rendering of personal services by an employee to his employer under any contract of personal employment, express or implied, shall not constitute "engaging in business", as herein defined.
LICENSE or BUSINESS LICENSE:
The certificate or document issued by the City and signed by the License Officer evidencing permission or authority from the City to the holder named therein to carry on a particular business or occupation at a particular location.
LICENSEE:
The recipient of a License.
LICENSE OFFICER:
Either the City Clerk, the City Treasurer, or the City Recorder or a combination if the statutory positions are held by the same person, including all Deputy Clerks and/or Deputy Recorder.
NONPROFIT ENTERPRISE:
A business, no part of the income of which is distributable to its owners, members or operators, unless such owner or operator shall be a religious or eleemosynary institution.
PLACE OF BUSINESS:
Each separate location maintained or operated by the Licensee within the City from which business activity is conducted or transacted.
CITY:
Toquerville City, a Utah municipal corporation with its fixed geographical boundaries located in Washington County, State of Utah. (Ord. 2020.14, 7-16-2020; amd. Ord. 2021.03, 2-17-2021; Ord. 2202-01, 1-19-2022)
 
3-1-3: LICENSE OFFICER; POWERS AND DUTIES:
The City Clerk is hereby designated and appointed as ex officio City License Officer and shall issue licenses in the name of the City to all persons qualified under the provisions of this Title and shall remit to the Treasurer’s Office all license fees collected hereunder. In addition to all other powers granted hereunder, the License Officer or designees shall have the following powers:
   A.   Adopt Forms: Authority to adopt all forms necessary or desirable to facilitate orderly and systematic issuance of all Business Licenses and ensure the preservation of business records.
   B.   Investigation of Applicants: Authority to authorize investigation of any applicant or Licensee, either at the time of issuance of a license, or at any reasonable time thereafter, in order to determine the eligibility of such applicant or Licensee for the issuance or renewal of a Business License. The License Officer may engage the help and services of appropriate law enforcement and public safety agencies, public utility providers or other City departments for purposes of conducting such investigations.
   C.   Inspection of Premises and Records: Inspect proposed or existing places of business to ensure compliance with building, safety and health codes and inspect books and records of any applicant for the administration and enforcement of this Title; provided, however, that any such inspection of premises or business records shall be at reasonable times and upon prior notice to the applicant or Licensee.
   D.   Determination of Standing of Applicant Or Licensee: Make a determination whether the applicant or Licensee is in violation of any provision of any ordinance of the City, or indebted or obligated in any manner to the City or any department thereof, or in violation of any City land use regulation (Toquerville City Code Title 10 - Toquerville Land Management Code) by reason of the condition of the business premises or the use to be made thereof.
   E.   Require Necessary Affidavits: When considered necessary in the discretion of the License Officer, require affidavits regarding the prior history of the applicant, indicating whether such person has had prior business experience, has had a prior business license revoked or suspended, or any other information with respect to the applicant’s prior experience or personal integrity, including a record of prior convictions or arrests of the applicant or Licensee.
   F.   Issuance of Notice of Acceptance or Rejection: Notify any applicant or Licensee of the acceptance or rejection of the application for a Business License or the renewal of a Business License, and, in the event of rejection, said notice shall state in writing the reasons for such rejection. The License Officer shall also have authority to notify the Licensee of any facts constituting a violation of any ordinance of the City.
   G.   Enforcement: Be responsible for coordinating the enforcement of all provisions of this Title, and shall cause to be filed complaints against all persons or entities violating any of the provisions of this Title. (Ord. 2020.14, 7-16-2020; amd. Ord. 2022-01, 1-19-2022)
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