TITLE 3: - BUSINESS AND LICENSE REGULATIONS

Part of the Code of Ordinances of Honeyville, UT.

Local law · Updated June 3, 2026 · 710 sections

The text

CHAPTER 1: - GENERAL LICENSE PROVISIONS#

3-1-1: - Definitions#

As used in this title:

BUSINESS: Includes all activities engaged in within the city 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 specifically provided.

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 the business of selling tangible, personal property at either retail or wholesale, or both, in the city.

EMPLOYEE: The operator or manager of a place of business and any persons employed in the operation of said place of business in any capacity and also any salesperson, agent or independent contractor engaged in the operation of the place of business in any capacity.

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 and the rendering of personal services for others for a consideration by persons engaged in any profession, trade, craft, business, occupation or other calling, except the rendering of personal services by an employee to his employer under any contract of personal employment.

PLACE OF BUSINESS: Each separate location maintained or operated by the licensee within the city from which business activity is conducted or transacted.

WHOLESALE: A sale of tangible personal property by wholesalers to retail merchants, jobbers, dealers or other wholesalers for resale, and does not include a sale by wholesalers or retailers to users or consumers not for resale, except as otherwise specified.

WHOLESALER: A person doing a regularly organized wholesale or jobbing business and selling to retail merchants, jobbers, dealers or other wholesalers, for the purpose of resale.

(Adopted by Ord. 1976 Code § 9-111 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

3-1-2: - License assessor and collector#

The city recorder is designated and appointed as ex officio assessor of license fees for the city. Upon receipt of any application for a license, the city recorder shall assess the amount due thereon and shall collect all license fees based upon the rate established by resolution. He shall enforce all provisions of this title, and shall cause to be filed complaints against all persons violating any of the provisions of this title.

(Adopted by Ord. 1976 Code § 9-113 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

3-1-3: - Business license required; penalty#

It shall be a Class B misdemeanor, subject to penalty as provided in section 1-4-1 of this code, for any person to transact, engage in or carry on any business, trade, profession, calling or to operate a vending, pinball or coin-operated machine without first receiving the class or type of license required by the city.

(Adopted by Ord. 1976 Code § 9-112 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

3-1-4: - Application for license#

Contents: All applications for license shall include:

The name of the person desiring a license.

The kind of license desired, stating the business, calling, trade or profession to be performed, practiced or carried on.

The class of license desired, if such licenses are divided into classes.

The place where such business, calling, trade or profession is to be carried on, giving the street number if the business calling, trade or profession is to be carried on in any building or enclosure having such number.

The period of time for which such license is desired to be issued.

Coin-Operated Machine or Device: In the event that the license application relates to a coin-operated machine or device, the application shall identify the machine or device to which it applies and the location thereof.

(Adopted by Ord. 1976 Code § 9-116 on 1/1/1976)

3-1-5: - License fee levied#

Imposed: There is hereby imposed and levied a business license fee as established by resolution of the city council.

Interstate Commerce: None of the license fees provided for by this section shall be applied as to occasion an undue burden on interstate commerce. In any case, where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the license assessor and collector for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair as to such commerce. Such application may be made before, at or within six (6) months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the license assessor and collector may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The license assessor and collector shall then conduct an investigation, comparing applicant's business with other businesses of like nature and shall make findings of fact from which he shall determine whether the fee fixed by this section is discriminatory, unreasonable or unfair as to applicant's business and shall recommend to the city council a license fee for the applicant in an amount that is nondiscriminatory, reasonable and fair, and if the city council is satisfied that such license fee is the amount that the applicant should pay, it shall fix the license fee in such amount. If the regular license fee has already been paid, the city council shall order a refund of the amount over and above the fee fixed by the city council. In fixing the fee to be charged, the license assessor and collector shall have the power to base the fee upon a percentage of gross sales, or employees, or may use any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature.

(Adopted by Ord. 1976 Code § 9-125 on 1/1/1976; Amended by Ord. 80-4 on 7/7/1980; Amended by Ord. 2001 Code on 1/1/2001)

3-1-6: - Payment dates#

All license fees shall be due and payable as follows, except as may be otherwise provided:

Payable: Annual fees shall be payable before each calendar year, in advance. The annual license shall date from January 1 of each year and shall expire on December 31 of each year.

Due: Annual fees shall be due on January 1 of each calendar year and shall become delinquent if not paid by February 1 of each year.

Issued After July 1: One-half ( 1 / 2 ) of the annual fee shall be payable for all licenses issued by the city pursuant to applications made after July 1 of each year, and licenses issued after July 1 shall expire on January 1 of the year following. Payment shall be due upon the date of application approval.

Penalty for Late Payment: If any license fee is not paid within thirty (30) days of the due date, a penalty of ten percent (10%) of the amount of such license fee shall be added to the original amount thereof. No license shall be issued until all penalties legally assessed have been paid.

(Adopted by Ord. 1976 Code §§ 9-114, 9-115 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

3-1-7: - Certificate of license#

Contents: All certificates of license shall be signed by the mayor, attested by the city recorder, and shall contain the following information:

Name: The name of the person to whom such certificate has been issued.

Amount: The amount paid.

Type: The type of license and the class of such license, if licenses are divided into classes.

Term: The term of the license with the commencing date and the date of its expiration.

Location: The place where such business, calling, trade or profession is to be conducted.

Display:

Required: Every certificate of license issued under this chapter shall be posted by the licensee in a conspicuous place upon the wall of the building, room or office of the place of business so that the same may be easily seen. When such certificate of license has expired, it shall be removed by the licensee from such place in which it has been posted, and no certificate of license which is not in force and effect shall be permitted to remain posted upon the wall or any part of any room within the place of business. If the licensee's business is such that a license cannot be displayed due to the transient or mobile nature of the business, then the licensee shall carry the license on his person, ready to be shown upon request by an authorized officer during all such time or times while the licensee is engaged in or pursuing the business for which a license was granted.

Coin-Operated Machine: In the event the license is for a coin-operated machine or device, the certificate shall be attached or displayed in the immediate vicinity of the machine for which it has been issued.

(Adopted by Ord. 1976 Code §§ 9-117, 9-118 on 1/1/1976)

3-1-8: - Transfer of license prohibited#

No license granted or issued under any ordinance of the city shall be assigned or transferred to any other person. It shall not be deemed to authorize any person other than therein named to do business or to authorize any other business, calling, trade or profession than is therein named, unless by permission of the city council.

(Adopted by Ord. 1976 Code § 9-119 on 1/1/1976)

3-1-9: - Branch establishments#

A separate license must be obtained for each separate place of business in the city and each license shall authorize the licensee to engage only in the business licensed thereby at the location or in the manner designated in such license; provided, that warehouses and distributing places used in connection with or incident to a business licensed under this chapter shall not be deemed to be separate places of business or branch establishments.

(Adopted by Ord. 1976 Code § 9-121 on 1/1/1976)

3-1-10: - Joint business licenses#

Whenever any person is engaged in two (2) or more businesses at the same location within the city, such person shall not be required to obtain separate licenses for conducting each of such businesses, but shall be issued one license which shall specify on its face all such businesses. The license fee to be paid shall be computed at the highest license fee applicable to any of the businesses being conducted at such location. The sale of beer or any other product or service requiring an additional license shall be subject to such additional licensing requirement. Where two (2) or more persons conduct separate businesses at the same location, each such person shall obtain a license for such business and pay the required license fee for such business.

(Adopted by Ord. 1976 Code § 9-122 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

3-1-11: - Reciprocal recognition; delivery of goods#

Exceptions: No license shall be required for operation of any vehicle or equipment in the city when:

Such vehicle is merely passing through the city.

Such vehicle is used exclusively in intercity or interstate commerce.

Delivery of Property: No license shall be required by this chapter of any person whose only business activity in the city is the mere delivery in the city of property sold by him at a regular place of business maintained by him outside the city where:

Such person's business is at the time of such delivery licensed by the Utah municipality or county in which such place of business is situated; and

The authority licensing such business grants to licensees of the city making deliveries within its jurisdiction the same privileges, upon substantially the same terms, as are granted by this section; and

Neither the property delivered nor any of the facilities by which it was manufactured, produced or processed are subject to inspection by authority of the city for compliance with health or sanitary standards prescribed by the city; and

The truck or other conveyance by which such delivery is made prominently displays at all times a license plate or symbol issued by the said licensing authority to evidence such business license. Such plate or symbol shall identify the licensing authority by which it is issued, shall indicate that it evidences a license issued thereby, and shall specify the year or term for which it is effective.

Certification of Section: The city recorder shall, at the request of any person, certify a copy of this section to any municipality or county of the state to which a copy has not previously been certified.

(Adopted by Ord. 1976 Code § 9-123 on 1/1/1976)

3-1-12: - Exemptions to license#

Exempt Businesses: No license fee shall be imposed under section 3-1-5 of this chapter on any person engaged in business for solely religious, charitable, eleemosynary or other types of strictly nonprofit purpose which is tax exempt in such activities under the laws of the United States and the state, nor shall any 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 license fee be imposed upon any person not maintaining a place of business within the city who has paid a like or similar license tax or fee to some other taxing unit within the state and which taxing unit exempts from its license tax or fee, by reciprocal agreement or otherwise, businesses domiciled in the city and doing business in such taxing unit.

Reciprocal Agreements with Other Agencies: The license assessor and collector may, with approval of the city council, enter into reciprocal agreements with the proper officials of other taxing units, as may be deemed equitable and proper in effecting the exemption provided for in subsection A of this section.

(Adopted by Ord. 1976 Code § 9-124 on 1/1/1976)

3-1-13: - Revocation or denial of license#

Failure to Comply; Unlawful Activities: Any license issued pursuant to the provisions of this code or of any ordinance of the city may be revoked and any application denied by the city council because of:

The failure of the licensee or applicant to comply with the conditions and requirements of this code or any ordinance of the city.

Unlawful activities conducted or permitted on the premises where the business is conducted.

Notice to Licensee: Prior to the revocation of a license or denial of an application to renew business license, the licensee or applicant shall be given a notice which shall state in substance that the city council intends to revoke the business license or deny the application to renew, together with the reason or reasons therefor, at a regular or special meeting of the city council (which shall be at least 10 days and not more than 30 days from the date notice is sent), and that the licensee or applicant has a right to appear, to be represented by counsel, to hear the evidence against him, to cross-examine witnesses and to present evidence as to why the license should not be revoked or the application denied.

(Adopted by Ord. 1976 Code § 9-120 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

CHAPTER 2: - LIQUOR CONTROL#

3-2-1: - State statute adopted#

Except insofar as the application thereof is clearly impracticable or inappropriate, in view of the context of purposes or penalty as provided, all of the definitions, requirements, regulations, prohibitions, provisions and sections of the Utah Alcoholic Beverage Control Act (Utah Code Annotated title 32A), as amended, are hereby adopted by the city. Any and all violations thereof shall be considered violations of this chapter and each such violation shall subject the violator thereof to penalty provisions under this chapter if proceeded hereunder.

(Adopted by Ord. 2001 Code on 1/1/2001)

3-2-2: - Application for license and renewal license#

Verified: All applications for alcoholic beverage licenses authorized by this chapter shall be verified and shall be filed with the city recorder. The application must state the applicant's name in full, that he understands and has read and complied with the requirements, and that he possesses the qualifications specified in the Alcoholic Beverage Control Act and this chapter. If the applicant is a copartnership, the names and addresses of all partners, and if a corporation, the names and addresses of all officers and directors, must be stated.

Subscribed: The application must be subscribed by the applicant who shall state under oath that the facts therein contained are true.

Renewal: All applications for renewal licenses filed by the holders of existing licenses shall be filed with the city recorder at least thirty (30) days prior to the expiration date of the then issued license. Any person who fails to file such application within the time limit shall close his licensed premises on the expiration date of the then issued license and shall keep the premises closed for any and all business for the sale of alcoholic beverages until the date of his new license is issued by the city council.

(Adopted by Ord. 2001 Code on 1/1/2001)

3-2-3: - Fees#

Annual Regulatory License Fee: In addition to any other business license fee which any person or place of business may be required to pay, there is hereby imposed on the business location of every person engaged in the sale or dispensing of alcoholic beverages an annual regulatory license fee. The amount of the annual regulatory fee will be set by resolution of the city council, according to the license classification.

License Fee to Accompany Application: Applications provided for in this chapter shall be accompanied by the fees provided in this section. The fee shall be returned to the applicant if the application is denied.

(Adopted by Ord. 2001 Code on 1/1/2001)

3-2-4: - Referral to planning commission#

All applications filed in accordance with the provisions of this chapter shall be referred to the planning commission for inspection and report. The planning commission shall, when possible, within fourteen (14) days after receiving such application make a report to the city council of the general reputation and character of the persons who habitually frequent such place; the nature and kind of business conducted at such place by the applicant, by any other person, or by the applicant at any other place; whether the place is or has been conducted in a lawful, quiet and orderly manner; the nature and kind of entertainment, if any, at such place; whether gambling is or has been permitted on the premises or by the applicant at any other place; and the proximity of such premises to any school, church, park or library. The planning commission shall also add to such report their recommendation as to whether or not the application should be granted.

(Adopted by Ord. 2001 Code on 1/1/2001)

3-2-5: - Bond required#

Compliance Bond: No regulatory license required by this chapter shall be granted by the city council until the applicant shall have filed a compliance bond with the city recorder, in an amount to be determined by the city council and established by resolution. The bond shall be made payable to the city, conditioned upon the licensee's faithful compliance with the Alcoholic Beverage Control Act and the ordinances of the city.

Failure to Maintain Valid Bond: If the licensee fails to maintain a valid bond, payable to the city, the alcoholic beverage license shall be immediately suspended until such time as a valid bond is obtained. Failure to obtain a bond within thirty (30) days of notification by the city of the delinquency shall result in the automatic revocation of the city alcoholic beverage license.

Withdrawal of Bond Restricted: No part of the bond may be withdrawn until the alcoholic beverage license has been in effect for a period of at least five (5) years, after which time the city may elect to waive continuance of the bond, if it is determined that the licensee has demonstrated faithful compliance with the laws of the state and the ordinances of the city. Persons who have been granted and maintained a city beer license for at least three (3) years prior to the passage of the ordinance codified in this chapter, and who have subsequently demonstrated faithful compliance with the laws of the state and city ordinances, shall be exempted from the bond requirement unless the license has been allowed to expire.

(Adopted by Ord. 2001 Code on 1/1/2001)

3-2-6: - Department of health permit#

No license under this chapter shall be issued until the applicant therefor shall have first procured from the applicable health department a permit which shall show that the premises to be licensed is in a sanitary condition and that the equipment used in the storage, distribution or sale of alcoholic beverages complies with all the health regulations of the city and the state.

(Adopted by Ord. 2001 Code on 1/1/2001)

3-2-7: - Alcohol training and education#

Required: No person shall be granted a license to operate or maintain a trade, profession or calling, the transaction or carrying on of which requires a license, within the city, if such person operates an establishment which, as part of its business, serves alcoholic beverages, as defined in Utah Code Annotated section 32A-1-105(2), to the public for consumption on the premises, unless that person shall show by certificate granted by the Utah Department of Alcoholic Beverage Control, or by adequate proof of the existence of such certificate, that each employee of the business engaging in the serving, selling or furnishing of such alcohol on the premises has completed the alcohol training and education seminar, as required in Utah Code Annotated section 62A-8-403.

New Employees: Every new employee hired after the licensee has been licensed in compliance with subsection A of this section, who is required to complete this seminar, shall complete the seminar within six (6) months of commencing employment. Violation of this section will result in revocation of the license granted, unless compliance is completed within two (2) months of the time that licensee first became aware that such violation occurred.

(Adopted by Ord. 2001 Code on 1/1/2001)

3-2-8: - Classifications of licenses#

Retail alcoholic beverage licenses shall be of the following kinds, shall carry the following privileges, and shall be known as: Class A beer, Class B beer, Class C beer and liquor consumption, and temporary beer. A.

Class A Beer License: Class A beer retail licenses shall entitle the licensee to sell beer on the premises, in original sealed containers no larger than two (2) liters, for consumption off the premises, in accordance with the ordinances of the city, provided beer is not sold by minors except under the supervision of a person twenty-one (21) years of age or older who is on the premises.

Class B Beer License: Class B beer retail licenses shall entitle the licensee to sell beer in the original containers, and on draft, in containers no larger than two (2) liters, for on-premises consumption; beer in sealed containers no larger than two (2) liters may be sold for consumption off-premises in accordance with the Alcoholic Beverage Control Act, and the ordinances of the city.

Class C Beer and Liquor Consumption License: Class C beer and liquor consumption licenses shall entitle restaurant and private club licensees to sell liquor and beer for consumption on the premises, and to sell beer in sealed containers no larger than two (2) liters, for off-premises consumption, as specifically defined in, and in accordance with the Alcoholic Beverage Control Act.

Temporary Beer License: Temporary beer licenses, for sale or dispensing of beer, may be issued for a period of time not to exceed thirty (30) days, and in accordance with the ordinances of the city.

(Adopted by Ord. 2001 Code on 1/1/2001)

3-2-9: - Purchase of alcoholic beverages for resale#

It is a Class B misdemeanor and subject to penalty as provided in section 1-4-1 of this code for any licensee to purchase or acquire, or to have or possess for the purpose of sale or distribution, any alcoholic beverage except that which he shall have lawfully purchased, as defined in the Alcoholic Beverage Control Act.

(Adopted by Ord. 2001 Code on 1/1/2001)

3-2-10: - Separate license for each place of business; display#

A separate license shall be required for each place of sale and the license shall at all times be conspicuously displayed in the place to which it shall refer or for which it shall be issued. All licensees shall comply with the Alcoholic Beverage Control Act and the regulations of the Alcoholic Beverage Control Commission.

(Adopted by Ord. 2001 Code on 1/1/2001)

3-2-11: - License not transferable#

Licenses issued pursuant to this chapter shall not be transferrable, and if revoked by the city council, the fee paid by the licensee to the city for the license shall be forfeited to the city.

(Adopted by Ord. 2001 Code on 1/1/2001)

3-2-12: - Restrictions#

The following restrictions shall apply to all establishments within the city where alcoholic beverages are sold: A.

Location of Business; Exception; Variance:

No Class B, Class C or temporary alcoholic beverage license shall be granted to a business located within six hundred feet (600') of any public or private school, church, public library, public playground or park, measured from the nearest entrance of the outlet by following the shortest route of either ordinary pedestrian traffic or, where applicable, vehicular travel along public thoroughfares, whichever is the closer, to the property boundary of the public or private school, church, public library, public playground, school playground or park; and within two hundred feet (200') if measured in a straight line from the nearest entrance of the proposed outlet to the nearest property boundary of the public or private school, church, public library, public playground, school playground or park.

No Class A alcoholic beverage licenses applied for after the passage date hereof, for sale of beer for off-premises consumption, shall be granted to any business located within six hundred feet (600') of any public or private school or church, measured from the nearest entrance of the outlet by following the shortest route of either ordinary pedestrian traffic or, where applicable, vehicular travel along public thoroughfares, whichever is the closer, to the property boundary of the public or private school or church; and within two hundred feet (200') if measured in a straight line from the nearest entrance of the proposed outlet to the nearest property boundary of the public or private school or church.

If compliance with distance requirements would result in peculiar and exceptional practical difficulties, or exceptional and undue hardships, a variance may be required of the city council. Following a public hearing, a variance may or may not be granted by the city council. Should the city grant a variance for a Class B or C license, final authority regarding state licensure would require approval of the variance by the Alcoholic Beverage Control Commission.

Conduct of Employees and Entertainers: Lewd attire and/or sexually oriented conduct of employees and entertainers, as explicitly defined in Utah Code Annotated section 32A-10-206, subsections 10 and 13, are prohibited. Furthermore, entertainers are prohibited in this city from performing unclothed, or in attire, costume or clothing that exposes to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals.

Giving, Selling and Providing Alcoholic Beverages to Specific Persons: It is unlawful for any person to give, sell, or otherwise provide alcoholic beverages for consumption to:

Any person under the age of twenty-one (21) years;

Any person who is apparently under the influence of intoxicating alcoholic beverages or products or drugs;

Any person whom the person furnishing the alcoholic beverage knew or should have known from the circumstances was under the influence of intoxicating alcoholic beverages or products or drugs; or

Any person who is a known interdicted person.

Business or Premises Where Gasoline Sold: Only a Class A beer license may be granted to any person to sell beer at any business or premises where gasoline for use in motor vehicles is sold.

Hours of Alcoholic Beverage Sales: It shall be unlawful to sell or otherwise furnish or dispose of an alcoholic beverage, whether or not the premises are open to the public, during the following days and hours, according to license classification:

Class A Beer License: Beer may not be sold between the hours of one o'clock (1:00) A.M. and five o'clock (5:00) A.M.

Class B Beer License: Beer may not be sold between the hours of one o'clock (1:00) A.M. and ten o'clock (10:00) A.M.

Class C Beer and Liquor Consumption License:

Restaurants: Liquor may not be sold or offered for sale on the day of any election, until after the polls close, including regular general, regular primary, special statewide, municipal, special district or school elections; or on any other day between the hours of twelve o'clock (12:00) midnight and twelve o'clock (12:00) noon. Beer may not be sold between the hours of one o'clock (1:00) A.M. and ten o'clock (10:00) A.M.; and

Private Clubs: Liquor may not be sold or offered for sale on the day of any election, until after the polls close, including regular general, regular primary, special statewide, municipal, special district or school elections; or on Sundays and any state or federal legal holiday after twelve o'clock (12:00) midnight and before twelve o'clock (12:00) noon, or on any other day between the hours of one o'clock (1:00) A.M. and ten o'clock (10:00) A.M. Beer may not be sold between the hours of one o'clock (1:00) A.M. and ten o'clock (10:00) A.M.

On-Premises Consumption After Hours: On-premises consumption of alcoholic beverages may continue for one hour past the time sales cease. Anyone having a Class B beer or Class C beer and liquor consumption license, or his agents or employees, shall close the establishment and remove or cause to be removed from the premises all patrons, customers, or individuals not employed on the premises no later than two o'clock (2:00) A.M.

Unlawful for Patrons to Remain on Premises After Closing: It shall be unlawful for any Class B or Class C licensee, or for his agents or employees, to permit any patron, customer, or individual not employed on the premises to remain on such premises after the closing time of two o'clock (2:00) A.M.

Illumination of Premises: Licensed premises shall be kept brightly illuminated at all times while occupied or open for business; no booth, or other type of stall, shall be maintained unless all tables, chairs, and occupants are kept open to full view from the main floor and the entrance of such licensed premises.

Advertising: It shall be unlawful to advertise the sale of alcoholic beverages, except as defined in the Alcoholic Beverage Control Act.

Number of Alcoholic Beverage Licenses: The total number of businesses licensed to sell alcoholic beverages in the city shall not exceed:

An unlimited number of Class A beer licenses.

Four (4) Class B beer licenses.

Four (4) Class C beer and liquor consumption licenses.

Parks and Cemeteries: No alcoholic beverages shall be allowed, sold or consumed on or in city parks and cemeteries.

(Adopted by Ord. 2001 Code on 1/1/2001)

3-2-13: - Inspection of premises#

Premises Subject to Inspection: All licensed premises shall be subject to inspection by any officer, agent, or peace officer of the city or the Alcoholic Beverage Control Commission, or the State Board of Health, and every licensee shall, at the request of the board of health furnish to it samples of alcoholic beverages which he shall have for sale.

Revocation of License for Violation: Any license granted pursuant to this chapter may be revoked on a finding by the city council that the licensee has had ten (10) days' or more notice from the board of health that the licensee is violating one or more health ordinances, rules or regulations of the city or of the Utah Division of Health and has failed to comply with such health ordinance, rules or regulations.

Closing of Business: The city council may direct the city's law enforcement agency to close down any business licensed under this chapter where the board of health has determined that continued operation of the business presents an imminent danger to the health of the community or persons who may eat or drink at the business.

(Adopted by Ord. 2001 Code on 1/1/2001)

3-2-14: - Disqualification for conviction of crime#

No license shall be granted to any retailer to sell alcoholic beverages within the city if the licensee, a partner, manager, officer, director, managing agent or shareholder with more than twenty percent (20%) stock has been convicted of: A.

A felony under any federal or state law;

Any violation of any federal or state law or local ordinance concerning the sale, manufacture, distribution, warehousing, adulteration or transportation of alcoholic beverages; or

Any crime involving moral turpitude;

Nor shall any license to sell alcoholic beverages be granted to anyone who has violated any provision of the ordinances of the city or state relating to intoxicating liquors; nor to any individual less than twenty-one (21) years of age.

(Adopted by Ord. 2001 Code on 1/1/2001)

3-2-15: - Revocation or suspension#

Violations Related to Operation of Business: The city council may, after a hearing, revoke or suspend any alcoholic beverage license on a finding by it that the licensee or his officers, agents or employees have violated any provision of this chapter or any ordinance of the city whether now or hereafter enacted which in any way related to the operation of the business or the safety of the public.

Hearing: A hearing before the city council may be requested by any person:

That is denied or refused an alcoholic beverage license by any officer, agent or employee of the city.

Whose alcoholic beverage license is revoked, restricted, qualified, or limited from that for which it was first issued.

Request for Hearing: The request for hearing must be made in writing to the city recorder and made within thirty (30) days following the date of notice denying, refusing, revoking, qualifying, restricting or revoking the alcoholic beverage license is mailed by the city to the applicant or license holder at his address as it appears on the application or license.

Notification of Hearing: Following receipt of a request for hearing, the city recorder shall inform the person requesting a hearing of the time and place the hearing is to be held. At the hearing, the aggrieved party shall have the right to hear and examine any witnesses the city may produce to support its decision and to present his own evidence in support of his contention. The city council shall, within ten (10) days following the conclusion of the hearing, in writing, inform the person who requested the hearing of the decision of the city council.

No More than One Hearing: This section shall not be construed so as to afford any aggrieved party more than one hearing before the city council nor shall the hearing provided in this chapter apply to any criminal complaint or proceeding.

(Adopted by Ord. 2001 Code on 1/1/2001)

3-2-16: - Penalty#

Sales Without License: It shall be a Class B misdemeanor, subject to penalty as provided in section 1-4-1 of this code, for any person to engage in the business of selling alcoholic beverages at retail without first having procured a license therefor from the city.

Sales After Revocation of License: It shall be a Class B misdemeanor, subject to penalty as provided in section 1-4-1 of this code, for any person to sell alcoholic beverages after the revocation of the license issued pursuant to this chapter.

(Adopted by Ord. 2001 Code on 1/1/2001)

CHAPTER 3: - SALES AND USE TAX#

3-3-1: - Title#

This chapter shall be known as THE SALES AND USE TAX ORDINANCE OF THE CITY OF HONEYVILLE.

(Adopted by Ord. 90-1 on 3/12/1990)

3-3-2: - Purpose#

Authorization of Tax: The Forty Eighth Session of the Utah Legislature has authorized the counties and municipalities of the state to enact sales and use tax ordinances imposing a one percent (1%) tax.

Tax Established: It is the purpose of this chapter to conform the sales and use tax of the city to the requirements of the Sales and Use Tax Act, Utah Code Annotated chapter 12, title 59.

(Adopted by Ord. 90-1 on 3/12/1990)

3-3-3: - Effective date#

This chapter shall become effective as of one minute after twelve o'clock (12:01) A.M., January 1, 1990.

(Adopted by Ord. 90-1 on 3/12/1990)

3-3-4: - Tax imposed#

Imposed:

From and after one minute after the effective date hereof, there is levied and there shall be collected and paid a tax upon every retail sale of tangible personal property, services and meals made within the city at the rate of one percent (1%).

An excise tax is hereby imposed on the storage, use or other consumption in the city of tangible personal property from any retailer on or after the operative date hereof at the rate of one percent (1%) of the sales price of the property.

For the purposes of this chapter, all retail sales shall be presumed to have been consummated at the place of business delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state designation. In the event a retailer has no permanent place of business, the place or places at which the retail sales are consummated shall be as determined under the rules and regulations prescribed and adopted by the State Tax Commission. "Public utilities", as defined by Utah Code Annotated title 54, shall not be obligated to determine the place or places within any county or municipality where public utilities are rendered, but the place of sale or the sales tax revenue arising from such service allocable to the city shall be as determined by the State Tax Commission pursuant to an appropriate formula and other rules and regulations to be prescribed and adopted by it.

Adoption of State Code; Provisions:

Except as hereinafter provided, and except insofar as they are inconsistent with the provisions of the Sales and Use Tax Act, all of the provisions of Utah Code Annotated title 59, chapter 12, as amended, and in force and effect on the effective date hereof, insofar as they relate to sales taxes, excepting sections 59-12-101 and 59-12-119 thereof, are hereby adopted and made a part of this chapter as though fully set forth herein.

Wherever, and to the extent that in Utah Code Annotated title 59, chapter 12, the state of Utah is named or referred to as the taxing agency, the name of this city shall be substituted therefor. Nothing in subsection B of this section shall be deemed to require substitution of the name of the city for the word "state" when the word is used as part of the title of the State Tax Commission, or of the State Constitution, nor shall the name of the city be substituted for that of the state in any section when the result of that substitution would require action to be taken by or against the State Tax Commission in performing the functions incident to the administration or operation of this chapter.

If an annual license has been issued to a retailer under Utah Code Annotated section 59-12-106, an additional license shall not be required by reason of this section.

There shall be excluded from the purchase price paid or charged by which the tax is measured:

The amount of any sales or use tax imposed by the state upon a retailer or consumer.

The gross receipts from the sale of or the cost of storage, use or other consumption of tangible personal property upon which a sales or use tax has become due by reason of the sales transaction to any other municipality and any county in the state under the sales or use tax ordinance enacted by that county or municipality in accordance with the Sales and Use Tax Act.

(Adopted by Ord. 90-1 on 3/12/1990; Amended by Ord. 2001 Code on 1/1/2001)

3-3-5: - Penalty#

Any person violating any of the provisions of this chapter shall be deemed guilty of a Class B misdemeanor, and upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code.

(Adopted by Ord. 90-1 on 3/12/1990; Amended by Ord. 2001 Code on 1/1/2001)

CHAPTER 4: - SEXUALLY ORIENTED BUSINESSES#

3-4-1: - Purpose and findings#

Purpose: The purpose of this chapter is to regulate sexually oriented businesses in order to promote the health, safety, morals and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

Findings: Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the city council, and on findings incorporated in the cases of Pap's A.M. v. City of Erie, 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); O'Connor v. City and County of Denver, 894 F.2d 1210 (10th Cir. 1990); Z.J. Gifts D-2, L.L.C. v. City of Aurora, 136 F.3d 683 (10th Cir. 1998); Dodger's Bar & Grill, Inc. v. Johnson County, 98 F.3d 1262 (10th Cir. 1996); Connection Distrib. Co. v. Reno, 154 F.3d 281 (6th Cir. 1998); Sundance Assocs. v. Reno, 139 F.3d 804 (10th Cir. 1998); American Library Association v. Reno, 33 F.3d 78 (D.C. Cir. 1994); Dodger's Bar & Grill, Inc. v. Johnson County, 32 F.3d 1436 (10th Cir. 1994); American Target Advertising, Inc. v. Giani, 199 F.3d 1241; MS News Co. v. Casado, 721 F.2d 1281 (10th Cir. 1983); Cortese v. Black, No. 95-1429, 1996 U.S. App. LEXIS 15311 (10th Cir., June 25, 1996); Salt Lake City v. Wood, 1999 Utah App. 323, 991 P.2d 595 (Utah Ct. App. 1999); United States v. Freedberg, 724 F.Supp. 851 (D. Utah 1989); and other cases; and on testimony to Congress in 136 Cong. Rec. S 8987; 135 Cong. Rec. S. 14519; 135 Cong. Rec. S 5636; 134 Cong. Rec. E 3750; and reports of secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Phoenix, Arizona - 1984; Minneapolis, Minnesota - 1980; Houston, Texas - 1997; Utahpolis, Utah; Amarillo, Texas; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Austin, Texas - 1986; Seattle, Washington - 1989; Oklahoma City, Oklahoma - 1986; Cleveland, Ohio; and Dallas, Texas - 1997; St. Croix County, Wisconsin - 1993; Bellevue, Washington - 1998; Newport News, Virginia - 1996; New York Times Square study - 1994; Phoenix, Arizona - 1995-98; and also on findings from the paper entitled "Strip Clubs According To Strippers: Exposing Workplace Sexual Violence" by Kelly Holsopple, program director, Freedom and Justice Center For Prostitution Resources, Minneapolis, Minnesota, and from "Sexually Oriented Businesses: An Insider's View" by David Sherman, presented to the Michigan house committee on ethics and constitutional law, January 12, 2000, and the report of the attorney general's working group on the regulation of sexually oriented businesses (June 6, 1989, state of Minnesota), the city council finds:

Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the unlicensed operators of the establishments.

Certain employees of unregulated "sexually oriented businesses" defined in this chapter as adult theaters and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments.

Sexual acts, including masturbation, and oral and anal sex, occur at unregulated sexually oriented businesses, especially those which provide private or semiprivate booths or cubicles for viewing films, videos or live sex shows.

Offering and providing such unregulated space encourages such activities, which creates unhealthy conditions.

Persons frequent certain adult theaters, adult arcades and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses, or for the purpose of purchasing or selling illicit drugs.

Numerous communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV- AIDS), genital herpes, hepatitis, salmonella, campylobacter and shigella infections, chlamydia, mycoplasmal and ureoplasmal infections, trichomoniasis and chancroid.

According to research from the Kaiser Family Foundation, an estimated one million one hundred thousand (1,100,000) (1.1 million) Americans are infected with HIV. The number of new HIV infections occurring each year is now about fifty thousand (50,000). Men and women of all races are likely to be infected by sexual contact.

Relevant statistics revealed that a total of one thousand six hundred seventy-two (1,672) AIDS cases had been reported in Utah as of January 1, 1999. Utah has required HIV case reporting since 1989, and shows two thousand three hundred thirty eight (2,338) people currently living with HIV or AIDS in the state.

The Centers for Disease Control and Prevention estimate that as many as twenty-one percent (21%) of people with HIV do not know they are infected.

10.

The number of cases of primary and secondary syphilis in the United States reported annually has risen, with seven thousand nine hundred eighty (7,980) cases reported in 2004 and eleven thousand one hundred eighty-one (11,181) through 2007.

11.

The number of cases of gonorrhea in the United States reported annually remains at a high level, with three hundred fifty thousand (350,000) cases being reported in 2007.

12.

The surgeon general of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.

13.

According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts. See, e.g., findings of U.S. department of health and human services.

14.

Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

15.

Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view "adult" oriented films.

16.

The findings noted in subsections B,1 through B,15 of this section raise substantial governmental concerns.

17.

Sexually oriented businesses have operational characteristics that should be reasonably regulated in order to protect those substantial governmental concerns.

18.

A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the city. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.

19.

Removal of doors on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theaters.

20.

Requiring licensees of sexually oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.

21.

The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases and will prevent the further secondary effects of dissemination of illegal obscenity, child pornography, and materials harmful to minors.

22.

It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this chapter is designed to prevent or who are likely to be witnesses to such activity.

23.

The fact that an applicant for an adult use has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this chapter.

24.

The barring of such individuals from employment in sexually oriented businesses for a specified period of years serves to prevent distribution of illegal material, to prevent conduct which leads to the transmission of sexually transmitted diseases, and to preclude the establishment of criminal enterprises within the city.

25.

The general welfare, health, morals and safety of the citizens of the city will be promoted by the enactment of this chapter.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-2: - Definitions#

For purposes of this chapter, the words and phrases defined in this section shall have the meanings herein respectively ascribed to them unless a different meaning is clearly indicated by the context:

ADULT ARCADE: Any place to which the public is permitted or invited wherein coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing specified sexual activities or specified anatomical areas.

ADULT BOOKSTORE, ADULT NOVELTY STORE, ADULT VIDEO STORE: A commercial establishment which has significant or substantial portion of its stock in trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space to the sale or rental, for any form of consideration, of any one or more of the following: A.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, compact discs, slides, or other visual representations which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas;

Instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.

ADULT CABARET: A nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: A.

Persons who appear seminude;

Live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities; or

Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.

ADULT MOTEL: A motel, hotel or similar commercial establishment which: A.

Offers public accommodations, for any form of consideration, and which regularly provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas and which regularly advertises the availability of such material by means of a sign visible from the public right of way, or by means of any off premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; and/or

Offers a sleeping room for rent for a period of time less than ten (10) hours.

ADULT MOTION PICTURE THEATER: A commercial establishment where films, motion pictures, videocassettes, slides or similar photographic reproductions which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.

ADULT THEATER: Theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of seminudity or live performances which are characterized by their emphasis upon the exposure of specified anatomical areas or specified sexual activities.

CONTROLLING INTEREST: The power, directly or indirectly, to direct the operation, management or policies of a business or entity, or to vote twenty percent (20%) or more of any class of voting securities of a business. The ownership, control or power to vote twenty percent (20%) or more of any class of voting securities of a business shall be presumed, subject to rebuttal, to be the power to direct the management, operation or policies of the business.

DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON: The dominant or principal theme of the object described by such phrase. For instance, when the phrase refers to films which are distinguished or characterized by an emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or principal character and theme are the exhibition or description of specified anatomical areas or specified sexual activities.

EMPLOY, EMPLOYEE AND EMPLOYMENT: Describe and pertain to any person who performs any service on the premises of a sexually oriented business, on a full time, part time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.

ESTABLISH OR ESTABLISHMENT: Means and includes any of the following: A.

The opening or commencement of any sexually oriented business as a new business;

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

The addition of any sexually oriented business to any other existing sexually oriented business; or the relocation of any sexually oriented business.

HEARING OFFICER: The board of appeals of Honeyville City.

LICENSEE: A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business license. In case of an "employee", it shall mean the person in whose name the sexually oriented business employee license has been issued.

OPERATE OR CAUSE TO BE OPERATED: To cause to function or to put or keep in a state of doing business.

OPERATOR: Any person on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner or licensee of the business.

PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity.

REGULARLY FEATURES OR REGULARLY SHOWN: A consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the sexually oriented business.

SEMINUDE MODEL STUDIO: Any place where a person, who regularly appears in a state of seminudity, is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. A.

It is a defense to prosecution for any violation of this chapter that a person appearing in a state of seminudity did so in a modeling class operated:

By a college, junior college or university supported entirely or partly by taxation;

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or

In a structure:

Which has no sign visible from the exterior of the structure and no other advertising that indicates a seminude person is available for viewing; and

Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class.

SEMINUDE OR STATE OF SEMINUDITY: A state of dress in which opaque clothing covers no more than the genitals, anus, anal cleft or cleavage, pubic area, vulva, and the female breast below a horizontal line across the top of the areola, as well as portions of the body covered by supporting straps or devices. This definition shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel; provided, that the areola is not exposed in whole or in part.

SEXUALLY ORIENTED BUSINESS: An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, or adult entertainment outcall service in the form of seminude dancing or exhibition, adult motion picture theater, adult theater, seminude model studio, or sexual encounter establishment.

SEXUALLY ORIENTED ENTERTAINMENT ACTIVITY: The sale, rental or exhibition for any form of consideration, of books, films, videocassettes, magazines, periodicals, or live performances which are characterized by an emphasis on the exposure or display of specific sexual activity.

SPECIFIED ANATOMICAL AREAS: Human genitals, anus, cleft of the buttocks, or the female breast.

SPECIFIED CRIMINAL ACTIVITY: Any of the following offenses: A.

Prostitution or promotion of prostitution; dissemination of obscenity or illegal pornography; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; lewdness; sexual battery; rape; indecent exposure; indecency with a child; engaging in organized criminal activity relating to a sexually oriented business; sexual assault; molestation of a child; or distribution of a controlled substance; criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses or offenses involving the same elements from any jurisdiction regardless of the exact title of the offense; for which:

Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four (24) month period.

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.

SPECIFIED SEXUAL ACTIVITY: Any of the following: A.

Sex acts, normal or perverted, including intercourse, oral copulation, masturbation or sodomy; or

Excretory functions as a part of or in connection with any of the activities described in subsection A of this definition.

TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS: Any of the following: A.

The sale, lease or sublease of the business;

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or

The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

VIEWING ROOM: The room, booth or area where a patron of sexually oriented business would ordinarily be positioned while watching a film, videocassette or other video reproduction.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-3: - Classifications of businesses#

Sexually oriented businesses shall be classified as follows: A.

Adult arcades;

Adult bookstores, adult novelty stores, adult video stores;

Adult cabarets;

Adult motels;

Adult motion picture theaters;

Adult theaters; and

Seminude model studios.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-4: - License required#

Sexually Oriented Business License Required: It shall be unlawful for any person to operate a sexually oriented business in the city without a valid sexually oriented business license.

Employee License Required: It shall be unlawful for any person to be an "employee", as defined in this chapter, of a sexually oriented business in the city without a valid sexually oriented business employee license.

Application: An applicant for a sexually oriented business license or a sexually oriented business employee license shall file in person, at the business license division, a completed application made on a form provided by the city. The application shall be signed by the applicant and be notarized.

Complete Application Requirements: An application shall be considered complete when it contains the information required in this subsection as follows:

The applicant's full true name and any other names used in the preceding five (5) years.

Current business address or another mailing address of the applicant.

Written proof of age, in the form of a copy of a birth certificate or driver's license or other picture identification document issued by a governmental agency.

If the application is for a sexually oriented business license, the business name, location, legal description, mailing address and phone number (if one currently exists) of the proposed sexually oriented business.

If the application is for a sexually oriented business license, the name and address of the statutory agent or other agent authorized to receive service of process.

A statement of whether the applicant has been convicted or has pled guilty or nolo contendere to a "specified criminal activity", as defined in this chapter, and, if so, the specified criminal activity involved, the date, place and jurisdiction of each. The statement shall also disclose whether the applicant has had a previous sexually oriented business or sexually oriented business employee license under this chapter or other sexually oriented business ordinances from another city or county denied, suspended or revoked within the past two (2) years, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant has been a partner in a partnership, or an officer, director or stockholder with a controlling interest in a corporation that is licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation.

An application for a sexually oriented business license shall be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (6"). Applicants who are required to comply with section 3-4-11 of this chapter shall submit a diagram meeting the requirements of that section.

The information provided pursuant to subsections D,1 through D,7 of this section shall be supplemented in writing by certified mail, return receipt requested, to the city within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.

Signature; Qualification: If a person who wishes to operate a sexually oriented business is an individual, he shall sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each officer, director, general partner or other person who will participate directly in decisions relating to management and control of the business shall sign the application for a license as applicant. Each applicant must be qualified under section 3-4-5 of this chapter and each applicant shall be considered a licensee if a license is granted.

License Additional: A license or permit required by this chapter is in addition to any other licenses or permits required by the city, county or state to engage in the business or occupation. Persons engaged in the operation of an adult oriented business or in employment in an adult oriented business shall comply with all other applicable local, state and federal laws, ordinances and statutes, including zoning ordinances, as may be required.

Information Confidential: The information provided by an applicant in connection with an application for a license under this chapter shall be maintained by the city on a confidential basis, except that such information may be disclosed only to law enforcement agencies in connection with a law enforcement or public safety function, or as may be required by governing law or court order. The information provided by a sexually oriented business license applicant in connection with the application for a license under this chapter shall be maintained by the city.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-5: - Issuance of license#

Sexually Oriented Business: Upon the filing of a completed application under subsection 3-4-4C of this chapter, for a sexually oriented business license, the management services department shall immediately issue a temporary license to the applicant, which temporary license shall expire upon the final decision of the city to deny or grant the license. Within forty (40) days of the initial filing date of the completed application, the city shall issue a license to the applicant or issue to the applicant a letter of intent to deny the application. The city shall approve the issuance of a license unless one or more of the following is found by a preponderance of evidence to be true:

An applicant is less than eighteen (18) years of age.

An applicant has failed to provide information as required by section 3-4-4 of this chapter for issuance of a license or has falsely answered a question or request for information on the application form.

The license application fee required by this chapter has not been paid.

An applicant has been convicted of a "specified criminal activity", as defined in this chapter, or has been shown to have committed a violation of subsection 3-4-7A or 3-4-14B of this chapter within the previous year.

In the case of a sexually oriented business license application, the premises is not in compliance with the interior configuration requirements of this chapter.

Business Employee License: Upon the filing of a completed application for a sexually oriented business employee license, the management services department shall issue a temporary license to the applicant, which temporary license shall expire upon the final decision of the city to deny or grant the license. Within forty (40) days of the initial filing date of the receipt of a completed application, the city shall either issue a license or issue a written notice of intent to deny a license to the applicant. The city shall approve the issuance of a license unless one or more of the following is found by a preponderance of evidence to be true:

The applicant is less than eighteen (18) years of age; or

The applicant is less than twenty-one (21) years of age in establishments where alcohol is served or consumed.

The applicant has failed to provide information as required by section 3-4-4 of this chapter for issuance of a license or has falsely answered a question or request for information on the application form.

The license application fee required by this section has not been paid.

The applicant has been convicted of a "specified criminal activity", as defined in this chapter, or has been shown to have committed a violation of subsection 3-4-7A or 3-4-14B of this chapter within the previous year.

Content of License: The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to the licensee, the expiration date, and, if the license is for a sexually oriented business, the address of the sexually oriented business. The sexually oriented business license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. A sexually oriented business employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing and shall produce such license for inspection upon request by a law enforcement officer or other city official performing functions connected with the enforcement of this chapter.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-6: - Fees#

The initial license and annual renewal fees for a sexually oriented business license or a sexually oriented business employee license shall be set by the city council at an amount determined by the city council as sufficient to pay the cost of administering this chapter. In no event shall the fees exceed two hundred dollars ($200.00) for the initial fee of a business and one hundred dollars ($100.00) for annual renewal; and one hundred dollars ($100.00) for the initial employee license and fifty dollars ($50.00) for annual renewal.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-7: - Inspections#

Compliance Required: Sexually oriented business operators and sexually oriented business employees shall permit officers or agents of the city who are performing functions connected with the enforcement of this chapter to inspect the portions of the sexually oriented business premises where patrons are permitted, for the purpose of ensuring compliance with this chapter, at any time the sexually oriented business is occupied by patrons or open for business. A licensee's knowing or intentional refusal to permit such an inspection shall constitute a violation of this section.

Exception: The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-8: - Expiration of license#

Each license shall remain valid for a period of one calendar year from the date of issuance unless otherwise suspended or revoked. Such license may be renewed only by making application and payment of a fee as provided in sections 3-4-4 and 3-4-6, respectively, of this chapter. Application for renewal should be made at least ninety (90) days before the expiration date, and when made less than ninety (90) days before the expiration date, the expiration of the license will not be affected.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-9: - Transferability#

A licensee shall not transfer his or her license to another person or entity, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the sexually oriented business license application.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-10: - Hours of operation#

No sexually oriented business shall open to do business before ten o'clock (10:00) A.M. or remain open after two o'clock (2:00) A.M. on the following day.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-11: - Exhibition of sexually explicit films or videos#

A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, films, videocassettes, or other video reproductions characterized by an emphasis on the display of specified sexual activities or specified anatomical areas, shall comply with the following requirements: A.

Each application for a sexually oriented business license shall contain a diagram of the premises showing the location of all manager's stations, viewing rooms, overhead lighting fixtures, video cameras and monitors installed for monitoring purposes, and restrooms, and shall designate all portions of the premises in which patrons will not be permitted. Restrooms shall not contain video reproduction equipment. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches (6"). The city may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

The application shall be sworn to be true and correct by the applicant.

No alteration in the configuration or location of a manager's station or viewing room may be made without the prior approval of the city.

It shall be the duty of the operator, and of any employees present on the premises, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection A of this section.

The interior premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one foot-candle as measured at the floor level. It shall be the duty of the operator, and of any employees present on the premises, to ensure that the illumination described above is maintained at all times that the premises is occupied by patrons or open for business.

It shall be the duty of the operator, and of any employees present on the premises, to ensure that no criminal sexual activity occurs in or on the licensed premises.

It shall be the duty of the operator, and of any employees present on the premises, to ensure that not more than one person is present in a viewing room at any time. No person shall enter a viewing room that is occupied by another person.

It shall be the duty of the operator, and of any employees present on the premises, to ensure that no openings of any kind exist between viewing rooms. No person shall make an attempt to make an opening of any kind between viewing rooms.

It shall be the duty of the operator, or of any employee who discovers two (2) or more patrons in a viewing room or discovers any person making or attempting to make an opening of any kind between viewing rooms, to immediately escort such persons from the premises.

It shall be the duty of the operator, or of any employee, who discovers an opening of any kind between viewing rooms to immediately secure such rooms, and prevent entry into them by any patron until such time as the wall between the rooms has been repaired to remove the opening. Removal and repairing openings between viewing rooms shall be in a manner that is as structurally substantial as the original wall construction.

It shall be the duty of the operator, at least once each business day, to inspect the walls between viewing rooms for openings of any kind.

It shall be the duty of the operator to post conspicuous signs in well lighted entry areas of the business stating all of the following:

No loitering is permitted in viewing rooms.

The occupancy of viewing rooms is limited to one person.

Sexual activity on the premises is prohibited.

The making of openings between viewing rooms is prohibited.

Violators will be required to leave the premises.

Violations of subsections L,2 through L,4 of this section are unlawful.

It shall be the duty of the operator to ensure that floor coverings in viewing rooms are nonporous, easily cleanable surfaces, with no rugs or carpeting.

It shall be the duty of the operator to ensure that all wall surfaces and seating surfaces in viewing rooms are constructed of or permanently covered by nonporous, easily cleanable material.

It shall be the duty of the operator to ensure that premises are clean and sanitary. Such duty shall be fulfilled if the operator complies with the following cleaning procedures:

The operator shall maintain a regular cleaning schedule of at least two (2) cleanings per day, documented by appropriate logs.

The operator shall provide an employee to check all areas for garbage, trash, body fluids and excrement and to remove and clean all areas with a disinfectant. All solid waste generated by the business shall be collected from the premises for disposal at a lawful solid waste disposal facility at least once each week. Prior to collection, solid waste shall be stored in a manner that prevents access by animals or members of the public and which will not facilitate the creation of a health nuisance.

Thorough cleaning of the entire interior of any room providing patron privacy shall be done using a disinfectant. Cleaning shall include floors, walls, doors, seating, monitors, video cameras, and windows and other surfaces.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises in which patrons are permitted, including the interior of each viewing room, but excluding restrooms, to which any patron is permitted access for any purpose. A manager's station shall not exceed forty (40) square feet of floor area. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

It is the duty of the operator to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is on the premises. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises, to ensure that the view area specified in this subsection remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.

It shall be unlawful for a person having a duty under this subsection to knowingly fail to fulfill that duty.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-12: - Loitering, exterior lighting and monitoring#

Requirements: It shall be the duty of the operator of a sexually oriented business to: 1) initiate and enforce a no loitering policy within the external boundaries of the real property upon which the sexually oriented businesses are located; 2) post conspicuous signs stating that no loitering is permitted on such property; 3) designate one or more employees to monitor the activities of persons on such property by visually inspecting such property at least once every ninety (90) minutes or inspecting such property by use of video cameras and monitors; and 4) provide lighting of the exterior premises to provide for visual inspection or provide video monitoring to prohibit loitering. If used, video cameras and monitors shall operate continuously at all times that the premises is open for business. The monitors shall be installed within a manager's station.

Failure to Fulfill Duty: It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-13: - Suspension#

The city shall issue a written letter of intent to suspend a sexually oriented business license for a period not to exceed thirty (30) days if it is determined that the sexually oriented business licensee has knowingly violated this chapter or has knowingly allowed an employee to violate this chapter. The city shall issue a written letter of intent to suspend a sexually oriented employee license if it is determined that the employee has knowingly violated this chapter.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-14: - Revocation#

Suspension Within Specified Time: The city shall issue a letter of intent to revoke a sexually oriented business license or a sexually oriented business employee license if a cause of suspension as provided in section 3-4-13 of this chapter occurs and the license has been suspended within the preceding twelve (12) months.

Evidence of Violations: The city shall issue a letter of intent to revoke a sexually oriented business license or, in the case of an employee, a sexually oriented business employee license, if the officer determines by a preponderance of evidence that:

The licensee has knowingly given false or misleading information in the application for the license.

The sexually oriented business licensee has knowingly allowed possession, use or sale of controlled substances on the premises, or in the case of an employee, the sexually oriented business employee licensee has knowingly engaged in the possession, use or sale of controlled substances on the premises. It shall be a defense to revocation proceedings under this subsection that such possession, use or sale occurred pursuant to a valid medical prescription.

The sexually oriented business licensee has knowingly allowed prostitution on the premises or, in the case of an employee, the sexually oriented business employee licensee has engaged in prostitution on any licensed premises.

The sexually oriented business licensee knowingly operated the sexually oriented business during a period of time when the license was suspended or, in the case of an employee, the sexually oriented business employee licensee has been employed as a sexually oriented business employee at a time when the employee's license was suspended.

The sexually oriented business licensee committed an act in violation of 18 United States Code section 2257, in or on the premises, or in the case of an employee, the sexually oriented business employee licensee committed an act in violation of 18 United States Code section 2257, in or on the premises.

The sexually oriented business licensee has knowingly allowed any specified sexual activity to occur in or on the premises or, in the case of an employee, the sexually oriented business employee licensee has engaged in any specified sexual activity in or on any licensed premises.

Appeal No Effect: The fact that any relevant conviction is being appealed shall have no effect on the revocation of the license.

Applicability of Employee Acts: For the purposes of this section, an act by any employee that constitutes grounds for revocation of that employee's license shall also be imputed to the sexually oriented business for purposes of revocation proceedings if the hearing officer determines by a preponderance of evidence that an officer, director or general partner, or an employee who managed, supervised or controlled, or participated directly in decisions relating to management or control in the operation of the business, knowingly allowed such act to occur on the premises.

Nature of Revocation: When, after the notice and hearing procedure described in section 3-4-15 of this chapter, the hearing officer revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a sexually oriented business license or sexually oriented business employee license for one year from the date revocation becomes effective; provided, that if the conditions of subsection 3-4-15B of this chapter are met, a provisional license will be granted pursuant to that subsection. If, subsequent to a revocation based solely on subsection B,1 of this section, the city finds that the basis for the revocation has been corrected or abated, the applicant shall be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. If the license was revoked under subsections B,2 through B,6 of this section, an applicant may not be granted another license until at least one year has elapsed.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-15: - Hearing for denial, suspension or revocation; appeal#

Procedure: If the city determines that facts exist for denial, suspension or revocation of a license under this chapter, the city shall notify the applicant or licensee (respondent) in writing of the city's intent to deny, suspend or revoke the license, including the grounds therefore, by personal delivery, or by certified mail.

The notification shall be directed to the most current business address or other mailing address on file with the city for the respondent. Within ten (10) working days of receipt of such notice, the respondent may provide to the city a written response that shall include a statement of reasons why the respondent believes the license should not be denied, suspended or revoked.

Within five (5) business days of the receipt of respondent's written response, the city shall notify respondent in writing of the hearing date on respondent's denial, suspension or revocation proceeding. Within ten (10) business days of the receipt of respondent's written response, the hearing officer shall conduct a hearing at which respondent shall have the opportunity to present all of respondent's arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross examine any of the city's witnesses. The hearing shall take no longer than two (2) business days, unless extended to meet the requirements of due process and proper administration of justice. The hearing officer shall issue a written opinion within five (5) business days after the hearing. If a court action challenging the city's decision is initiated, the city shall prepare and transmit to the court a transcript of the hearing within ten (10) business days after the issuance of the hearing officer's written opinion.

If a written response from respondent is not received by the city within the time stated in subsection A1 of this section, or if after a hearing, the hearing officer concludes that grounds as specified in this chapter exist for denial, suspension or revocation of the license, then such denial, suspension or revocation shall become final five (5) days after the hearing officer sends, by certified mail, written notice to the respondent that the license has been denied, suspended or revoked. Such notice shall include a statement advising the respondent of the right to appeal such decision to a court of competent jurisdiction. If the hearing officer finds that no grounds exist for denial, suspension or revocation of a license, then within five (5) days after the hearing, the hearing officer shall immediately withdraw the intent to deny, suspend or revoke the license and shall notify the respondent in writing by certified mail of such action. The city shall contemporaneously therewith issue the license to the applicant.

Appeal: An applicant or licensee (aggrieved party) whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal such action to a court of competent jurisdiction. Upon the filing of any court action to appeal, challenge, restrain or otherwise enjoin the city's enforcement of the denial, suspension or revocation, the city shall immediately issue the aggrieved party a provisional license. The provisional license shall allow the aggrieved party to continue operation of the sexually oriented business or to continue employment as a sexually oriented business employee and will expire upon the court's entry of a judgment on the aggrieved party's appeal or other action to restrain or otherwise enjoin the city's enforcement.

Application During Temporary License or Provisional License: Sexually oriented businesses or sexually oriented business employees operating or working under temporary licenses (as provided for in section 3-4-5 of this chapter), provisional licenses (as provided for in subsection B of this section), or de facto temporary licenses (as provided for in section 3-4-16 of this chapter) shall be subject to the provisions of sections 3-4-9 through 3-4-12, 3-4-16, and 3-4-17 of this chapter.

(Adopted by Ord. 2009-02 on 4/8/2009; Amended by Ord. 2025-02 on 7/9/2025)

3-4-16: - Application to existing businesses#

Upon adoption, the provisions of this chapter shall apply to the activities of all sexually oriented businesses and sexually oriented business employees described herein, whether such businesses or activities were established or commenced before, on or after the effective date hereof. All existing sexually oriented businesses and sexually oriented business employees are hereby granted a de facto temporary license to continue operation or employment for a period of ninety (90) days following the effective date hereof. Within said ninety (90) days, all sexually oriented businesses and sexually oriented business employees must make application for a license pursuant to this chapter. Within said ninety (90) days, sexually oriented businesses must make any necessary changes to the interior configurations of the regulated business premises to conform to this chapter.

(Adopted by Ord. 2009-02 on 4/8/2009)

3-4-17: - Penalty#

Any person, who knowingly violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall be subject to a civil fine not to exceed two thousand five hundred dollars ($2,500.00). Each day the violation is committed, or permitted to continue, shall constitute a separate offense and shall be fined as such.

Any person who violates any provision of this chapter shall be guilty of a class B misdemeanor and, upon conviction, subject to the penalty as provided in this code.

The city attorney is hereby authorized to institute criminal or civil proceedings necessary for the enforcement of this chapter to prosecute, restrain or correct violations hereof. Such proceedings, including injunction, shall be brought in the name of the city; provided, however, that nothing in this section and no action taken thereunder, shall be held to exclude such criminal proceedings as may be authorized by other provisions of this code, or any of the laws or ordinances in force in the city, or to exempt anyone violating this code or any part of the said laws from any penalty which may be incurred.

(Adopted by Ord. 2009-02 on 4/8/2009)