TITLE 5 - BUSINESS LICENSES AND REGULATIONS

Part of the Municipal Code of Kamas, UT.

Local law · Updated July 14, 2026 · 813 sections

The text

CHAPTER 5.02. - BUSINESS LICENSING#

Sec. 5.02.010. - Definitions.#

For the purpose of this ordinance, the following terms shall be defined as follows:

Bedroom means each room in a hotel, motel, lodge, time-share project, condominium project, single or multiple family residences, or other nightly lodging facility that is intended primarily for the temporary use of transient guests for sleeping purposes.

Business means and includes all activities engaged in within the incorporated limits of Kamas City carried on for the purpose of gain or economic profit; provided however, acts of employees rendering service to employers shall not be included in the term "business" unless otherwise specifically prescribed herein.

Employee means the operator, owner, or manager of a place of business and any persons employed by such person in the operation of said place of business in any capacity whatsoever. "Employee" also includes any salesman, agent or independent contractor engaged in the operation of said place of business in any capacity.

Engaging in business includes but is not limited to, selling tangible personal property at retail or wholesale, manufacturing goods or property, or rendering personal services for a consideration such as the proactive of any profession, trade, craft, business, occupation, or other calling. The rendering of personal services by an employee to an employer under any contract of personal employment shall no be considered as engaging in business.

Hourly user capacity means the maximum number of persons that can be safely and reasonably accommodated per hour by an amusement park, golf course, athletic club, theater, bowling alley, tennis club, racquetball club, swimming pool, and any other recreational sport or entertainment facility.

Mobile food vendor means any motor vehicle from which consumable, on site food service is offered.

Monthly rental facility under management means any place where rooms or units of three or more are rented or otherwise made available by a manager or management company for residential purposes on a weekly, monthly, or a longer time basis, which may include residential rentals, commercial rentals, storage rentals, or other rentals deemed business as decided by licensing official, or planning commission.

Nightly lodging facility means any place or portion thereof that is rented or otherwise made available to person for transient lodging purposes for a period less than 30 days including, without limitation, a hotel, motel, lodge, bed and breakfast, condominium project, single family residence, or time share project.

Person shall mean any individual, receiver, assignor, trustee in bankruptcy, trust, estate, firm, co-partnership, joint venture, club, company, joint stock company, business trust, corporation, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise.

Place of business means any location maintained or operated by a licensee within the incorporated limits of Kamas City, in which business activity is conducted or transacted.

Square footage means the aggregate number of square feet of area within a place of business that is used by a licensee in engaging in its business.

Unit means any separately rented portion of a hotel, motel, condominium, apartment building, single-family residence, duplex, triplex, or other residential dwelling, commercial building, or storage facility.

Temporary business shall mean any business using a temporary or portable structure, which is set up for short-term retail sales used by any person, firm, partnership, corporation, association, society, or club for up to 30 days.

(Ord. 2015-04, 11/10/2015)

Sec. 5.02.020. - Business license fees.#

Business license fees beginning January 1, 2006: Business licenses: Home business: $25.00

Commercial business license: $50.00

Rental facility: $50.00 + $10.00/per unit

Banking license: $200.00

Liquor license: $200.00

Temporary business licenses (less than 30 days): Daily license: $30.00 + $1.00 per day

Firework stand: $300.00

(Ord. 2015-04, 11/10/2015)

Sec. 5.02.030. - Regulatory fee imposed.#

There is hereby levied an annual business license regulatory fee, in accordance with U.C.A. § 17-5-22 or successor law, upon the business of every person engaging in business in Kamas City unless otherwise in this ordinance or under state or federal law specifically be exempted. The fee imposed shall be in the amounts described in the attached rate tables, which are hereby incorporated as part of this ordinance. The amount shall be the product achieved by multiplying the unit type by the unit charge. Any business type not listed in the rate tables shall be assessed at the rate and on the same basis as the business determined by the city business license official to be most similar to the business to be licensed. If the applicant and the city business license official are not able to agree on a rate and method of assessment, the application shall be referred to the planning commission, which may be determined on a case-by-case basis, or may amend the rate table to cover that license if for similar applications in the future.

(Ord. 2015-04, 11/10/2015)

Sec. 5.02.040. - Unlawful to operate a business without a license.#

It shall be unlawful for any person to engage in business within Kamas City without first procuring the licenses and permits required by this ordinance.

(Ord. 2015-04, 11/10/2015)

Sec. 5.02.050. - Business license additional to all other approvals, licenses, and permits.#

The general business license required under this ordinance is in addition to all other approvals, licenses, and permits required by other city ordinances, state, or federal law. As such, issuance or a business license shall not be deemed a waiver of the city's right to enforce all other provisions of its ordinances or development licenses and permits required by other Kamas City ordinances, state or federal laws, in addition to the license required by this section.

(Ord. 2015-04, 11/10/2015)

Sec. 5.02.060. - Delinquent date and penalty.#

All license fees provided for in this ordinance shall be paid annually in advance, by the licensee to the city business license official (CBLO) on or before January 1st of each year, and shall be effective through December 31st of that year. In the event renewal fees are not received at the office of the CBLO prior to January 31st penalties shall be incurred, and licenses unpaid by date specified by CBLO shall be revoked.

(Ord. 2015-04, 11/10/2015)

Sec. 5.02.070. - Civil action to recover fee.#

In all cases where this ordinance requires a license to be obtained and fixes the amount to be paid therefore, and where said amount shall not have been paid therefore, and where said amount shall not have been paid at the time or in the manner provided in this ordinance, a civil action may be brought in the name of the city against the person failing to pay such license fee to recover the same, including any penalties, and/or to enjoin further business operation of such person. In any case where several amounts for licenses or permits required or fixed by any city ordinance shall remain due and unpaid by any person, such several amounts of license fees may be joined as separate causes of action in the same civil complaint. The city attorney shall prepare, bring, and prosecuted all civil actions contemplated by this section upon written request of the city council.

(Ord. 2015-04, 11/10/2015)

Sec. 5.02.080. - Public records.#

Records kept by the city such as are, or may be required in this ordinance, are considered public records under the Utah State Government Records Access Management Act. As such, they are subject to public inspection. The city shall charge a reasonable fee to individuals requesting information on issued business licenses in order to cover reasonable costs associated with research and reproduction of information.

(Ord. 2015-04, 11/10/2015)

Sec. 5.02.090. - Exemption.#

No license fee shall be imposed under this section upon any person engaged in business, which is exempt from taxation under the laws of the United States and/or the State of Utah; nor shall any such fee be imposed upon any person doing business within Kamas City who has paid a like or similar license fee to some other governmental unit within the State of Utah, nor shall any such fee be imposed upon the business of a bona fide farm or ranch engaged in any agricultural business useful to man unless said business is authorized to collect state sales taxes under Utah statute for sales made on such products.

(Ord. 2015-04, 11/10/2015)

Sec. 5.02.100. - Branch establishments.#

A separate license must be obtained for each branch establishment or location of business within the city as if such branch establishments or locations were separate businesses 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; however, warehouses and distribution places used in connection without incident to a business licensed under this ordinance shall not be deemed to be separate places of business or branch establishments.

(Ord. 2015-04, 11/10/2015)

Sec. 5.02.110. - Temporary business license.#

No person shall operate a temporary business without a temporary business license; except that permitted by or under the control of the sponsoring unit of Kamas City approved special events. It is unlawful to operate a temporary business on days other than those covered by said license. 1.

Temporary business licenses may be purchased for up to 30 days, and may be renewed by the CBLO.

License fees shall be set forth in the fee schedule set by the city council.

If business is conducted from a temporary structure, the structure must consist of at least four walls, have no more than 200 square feet of floor space, be conducted in a commercial zone, and must be serviced by an approved electrical hook up if electricity will be in use. Hookups, along with temporary structure inspection will be done by the building inspector before business is approved. The structure must sit back at lease ten feet from the back of side of a sidewalk, or from the property line. The business must be operated in a manner so as not to block traffic into or out of adjacent businesses or structures. One sign of 15 square feet or less is permitted with no other advertising such as flashing lights, loudspeaker, or calling out. It must meet all local and state health and safety requirements applicable to the type of business being carried on. The structure must be removed within five days after the temporary business license expires or the licensee will be guilty of a Class B misdemeanor and the city will be authorized to remove the structure and charge the licensee for the cost of removal plus storage expenses. Approved temporary business licenses shall constitute authority to so remove the structure and an agreement to reimburse the city for removal and storage fees.

Before a license is issued, the applicant must meet with the business licensing official for approval with the explanation of the business to be conducted. Written evidence must be provided by the owner stating approval of business. Also written evidence that restroom facilities for employees will be provided by another within 300 feet of the structure and written evidence that the owner of the premises upon which the portable structure is to be placed has given his consent for the placement of the structure and has approved the type of business to be conducted (if conducted from temporary structure).

Special events permits may be applied for by sponsoring units to conduct business and have concession stands in connection with requested event. If the event and activities comply with all local and state ordinances, laws, and regulations, a permit will be issued. The sponsoring unit will be assessed a permit fee equal to $100.00 per day. All business activities in connection with said event shall be at locations approved by the sponsoring unit, the city licensing official, the city planner, and the mayor and city council to overview the special event. The permit issued shall entitle each individual business or concession to operate without acquiring an independent license, but the duration of the business activity shall not exceed seven calendar days.

(Ord. 2015-04, 11/10/2015)

Sec. 5.02.120. - License applications.#

Applications for business licenses shall be made to the city business licensing official on forms provided for that purpose. Such forms shall contain sufficient information so as to satisfy the requirements of city departments involved in the review process and such information as the city business licensing official may direct. Application forms shall be made available at the office of the city business licensing official during regular business hours or by mail. Each license application shall be accompanied by the regulatory license fee required to be paid for the issuance of the license desired. Upon receipt of the completed application and the required fee, the CBLO shall review such for compliance with this ordinance. Should the application be deemed incomplete, not sufficient, or the required fee not be included, said application will be returned to the applicant with an explanation as to its deficiencies. Signature of a department official shall not substitute for additional approvals, licenses, and permits (i.e. conditional use permits) required by city ordinance, state, or federal law, nor shall it be constructed as a waiver of such requirements.

(Ord. 2015-04, 11/10/2015)

Sec. 5.02.130. - License issuance or denial.#

An application will be reviewed and wither approved, denied, or referred to the planning commission by the CBLO. A license may be denied if the applicant: 1.

Has been convicted of a fraud or felony by and state or federal court within the past five years or now has criminal proceedings pending against him/her in any state or federal court for fraud or a felony;

Has obtained a license by fraud or deceit;

Has failed to pay personal property taxes or other required taxes or fees imposed by the city;

Has violated the laws of the State of Utah, the United States, or the ordinances of Kamas City governing the operation of the business for which the applicant is applying for the license; or

License does not meet city, or planning requirements. A license may be referred to the planning commission when additional issues need to be addressed (i.e. conditional use permits), or when said business is not allowed in a particular zone.

(Ord. 2015-04, 11/10/2015)

Sec. 5.02.140. - Appeals of license denial.#

Any denial for a business license may be appealed to the city council within 14 days of notification of such denial. All appeals must be made in writing and the city council will schedule a hearing on such within 30 days of receipt of the appeal.

(Ord. 2015-04, 11/10/2015)

Sec. 5.02.150. - License period.#

Licenses issued shall be valid until December 31st of the year purchased unless revoked pursuant to this ordinance.

(Ord. 2015-04, 11/10/2015)

Sec. 5.02.160. - Posting license.#

It shall be the duty of any person licensed under this ordinance to keep such license posted in a prominent place on the premises used for such business at all times. Every licensee not having a fixed place of business shall carry such license with him/ her at all times while carrying on the business for which the license is issued.

(Ord. 2015-04, 11/10/2015)

Sec. 5.02.170. - License to be shown to officials.#

It shall be the duty of each and every person to whom a license has been issued to show the same at any proper time when requested to do so by any police officer, law enforcement officer, or city official.

(Ord. 2015-04, 11/10/2015)

Sec. 5.02.180. - Transferability of licenses.#

No license granted or issued under the provisions of this ordinance my be assigned, transferred, or sold by the licensee, nor may the license be used for any purpose or business other than that for which said license was issued. Furthermore, a business license issued for a particular location may not be transferred for use at another location. Any city business license transferred or used as described in this section is deemed revoked.

(Ord. 2015-04, 11/10/2015)

Sec. 5.02.190. - Revocation.#

Any license issued under this ordinance may be revoked by city council when the licensee has: 1.

Filed a false or fraudulent license application;

Been convicted or plead guilty to, or paid fines or settlements in a criminal or civil action by the state tax commission for the collection or, or arising from the non-payment of taxes imposed by or collected by the State of Utah;

Engaged in its business without acquiring the appropriate additional approvals, licenses, and permits required by county ordinance, city ordinance, state or federal law for the operation of said business within the city.

Notification of the license revocation hearing shall be sent by the CBLO to the licensee at the address provided on the most recent application. Such notice shall be sent by certified mail. The hearing shall be held at least 14 days from the date of the notice, but not more than 30 days. At the hearing, the city council may revoke or suspend the license, place it on probation for a period of less than one year, or take no action at all, as the circumstances merit.

(Ord. 2015-04, 11/10/2015)

Sec. 5.02.200. - Enforcement of other ordinances.#

The grant or denial of a general business license shall in no way bind, waive, or alter the city's ability to enforce any other city or county ordinances where there is a violation of such. Estoppels shall not be a defense to such actions by the city when it is engaged in the process of enforcing operation of any business within the city. This section specifically allows, but is not limited to the county's enforcement of conditional use and minor permit rules, regulations, and laws.

(Ord. 2015-04, 11/10/2015)

Sec. 5.02.210. - License renewal notice.#

On or before the renewal date each year, the CBLO shall send a notice to each current licensee within the city, which shall state the amount of the regulatory fee to be imposed for the coming year. The enclosed form shall be completed with current information. The renewal notice shall be returned to the CBLO according to the directions. Renewal of licenses is not of right, and no claim of a vested right shall insure to an applicant who has received the license in past years.

(Ord. 2015-04, 11/10/2015)

Sec. 5.02.220. - Each portion of ordinance enacted separately.#

If any chapter, section, subsection, sentence, clause, phrase, or portion of the ordinance, including, but not limited to any exemption, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not effect the validity of the remaining portions of this ordinance. The Kamas City Council hereby declare that it would have adopted this ordinance and each chapter, section, subsection, sentence, clause, phrase, portion thereof, irrespective of the fact that any one or more chapters, sections, subsections, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

(Ord. 2015-04, 11/10/2015)

Sec. 5.02.230. - Penalty.#

Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a separate offense for each and every day or portion thereof, during which any violation of any other provisions of this Ordinance is committed, continued, or permitted. Upon conviction of any such violation, such person shall be punishable as a Class B misdemeanor except that in all cases where a corporation would be punishable for a misdemeanor, and there is not other punishment prescribed by ordinance, such corporation is punishable by a fine not exceeding $1,000.00.

(Ord. 2015-04, 11/10/2015)

CHAPTER 5.10. - USE AND SALE OF ALCOHOLIC BEVERAGES#

Sec. 5.10.010. - Authority.#

Kamas City may prohibit, except as provided by law, any person from knowingly possessing any intoxicating alcoholic beverages, and the manufacture, sale, keeping or storing for sale, offering or exposing for sale, importing, carrying, transporting, advertising, distributing, giving away, exchanging, dispensing or serving of intoxicating alcoholic beverages. The authority for this ordinance is derived from U.C.A. § 10-8-42 and the Alcoholic Beverage Control Act of the Utah Code.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.020. - Definitions.#

All words and phrases used in this ordinance shall have the following meanings, unless a different meaning clearly appears from the context:

Alcoholic beverages means beer, wine, and liquor as the terms are defined in this section.

Beer only means an establishment that is issued a license which allows for the storage, sale, service, and consumption of beer on the premises where the business is engaged in primarily serving meals to the general public, where patrons may only purchase beer in conjunction with an order of food that is prepared, sold and served at the restaurant, and where the restaurant maintains at least 70 percent of its total restaurant business from the sale of food.

Beer or malt liquor means a product that contains at least 0.5 percent alcohol by volume, but not more than four percent of alcohol by volume or 3.2 percent by weight, and is obtained by fermentation, infusion, or decoction of any malted grain. Such products may or may not contain hops or other vegetable products. "Beer" includes products referred to as light beer or malt liquor.

Brewer means any person or facility engaged in manufacturing beer, heavy beer, or flavored malt beverage.

Church means a building set apart for the purpose of worship, in which religious services are held with which clergy is associated and which is tax exempt under the law of this state.

City means Kamas City.

Club means a dining, equity, fraternal, or social club as defined in the Alcoholic Beverage Control Act of the Utah Code.

Commission means the State of Utah Alcoholic Beverage Control Commission.

Dining club license means a license which allows the sale, storage, service and consumption of alcoholic beverages on the premises that; has a full menu that offers full meals including appetizers, main courses, and desserts; maintain at least 60 percent of their club business from the gross sale of food; have a portion of the premises used for a dining area, and adequate culinary facilities to serve full meals. Dining clubs are open to the public but the club licensee may choose to restrict access to only those who are on a list or pay a fee.

Equity club license means a license which allows the sale, storage, service and consumption of alcoholic beverages on the premises that; only allows members or guests of a member to be admitted to or use the premises; owns, maintains, or operates a substantial recreational facility in conjunction with a club house such as a golf course or a tennis facility; and have bylaws or house rules as regarding membership as defined in the Alcoholic Beverage Control Act of the Utah Code.

Flavored malt beverage means a beverage that contains at least 0.5 percent alcohol by volume, is treated by processing, filtration, or another method of manufacture that is not generally recognized as a traditional process in the production of a beer as described in 27 CFR § 25.55 and to which is added a flavor or other ingredient containing alcohol, except for a hop extract; and for which the producer is required to file a formula for approval with United States Alcohol and Tobacco Trade and Tax Bureau pursuant to 27 CFR § 25.55.

Fraternal club license means a license which allows the sale, storage, service and consumption of alcoholic beverages on the premises where only members or guests of a member are allowed to be admitted to use the premises; the club is organized and operated solely for a social, recreational, patriotic or fraternal purpose; the club has no capital stock; meets the governing requirements outline in the Alcoholic Beverage Control Act of the Utah Code; and the clubs exist solely for: 1.

The benefit of its members and their beneficiaries; and

A lawful social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic, or religious purpose for the benefit of its members or the public carried on through voluntary activity of its members in their local lodges.

Full-service hotel means a hotel that offers full availability of requisite standardized industry amenities which are not limited to, but including the following: on-premise restaurant, room service, business center, concierge, fitness center, banquet halls, various room type selection such as suites.

Full-service restaurant license means a license that allows for the storage, sale, service, and consumption of alcoholic beverages on the premises of a restaurant that is primarily engaged in serving meals to the general public, where patrons may only purchase alcoholic beverages in conjunction with an order of food that is prepared, sold and served at the restaurant, and where the restaurant maintains at least 70 percent of its total restaurant business from the gross sale of food.

Heavy beer means a product that contains more than four percent alcohol by volume and is obtained by fermentation, infusion, or decoction of malted grain.

Licensed premises means a room, house, building, structure of place occupied by any person licensed to sell alcoholic beverages on any premises under this section; provided, that in any multi-roomed establishment, an applicant for a full-service restaurant, limited-service restaurant, club, manufacturer, or beer only license shall designate a room or portion of the building of such business for the sale of alcoholic beverages, which portion so specifically designated in the application and in the license issued pursuant thereto shall be the licensed premises. Multiple dining facilities located in one building and owned or leased by one licensed applicant shall be deemed to be only one licensed premise.

Licensee means a person granted an off-premise, on-premise banquet, beer only, full-service restaurant, limited-service restaurant, manufacturer, club, or single event license in connection with the operation of a place of business in the city. This term shall also include any employee of the licensee.

Limited-service restaurant means a restaurant that is issued a liquor license which allows for the storage, sale, service, and consumption of wine, beer and heavy beer on the premises where the business is engaged in primarily serving meals to the general public, where patrons may only purchase wine, beer, and heavy beer in conjunction with an order of food that is prepared, sold and served at the restaurant, and where the restaurant maintains at least 70 percent of its total restaurant business from the sale of food.

Liquor means alcohol, or an alcoholic, spirituous, vinous, fermented, malt, flavored malt beverage, or other liquid, or combination of liquids, a part of which is spirituous, vinous, or fermented, and all other drinks, or drinkable liquids that contains at least 0.5 percent alcohol by volume and is suitable to use for beverage purposes. "Liquor" does not include any beverage defined as beer.

Manufacture means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others.

Manufacturer license means a license granted under the Alcoholic Beverage Control Act of the Utah Code which includes a brewer, winery or distillery.

On-premise banquet license means a license which allows the sale, storage, service and consumption of alcoholic beverages on the premises in connection with a banquet such as a hotel, resort facility, sports center or convention center as defined in the Alcoholic Beverage Control Act of the Utah Code.

Park means a piece of public ground that is set apart for the use of the public, whether developed or undeveloped, and that is usually, or may be, planted with trees, lawns, or other shrubbery. The park may include facilities for sport, entertainment, dancing, recreation, or swimming, or a park may be planned for such future use of any and all other facilities. A park may consist solely of a single purpose facility, either actual or proposed, such as an equestrian park, open air theater, or playground. For purposes of this Section, a golf course is not a park.

Person means an individual, partnership, firm, corporation, limited liability company, association, business trust, or other form of business enterprise, including a receiver or trustee, and the plural as well as the singular number, unless the intent to give a more limited meaning is disclosed by the context.

Playground means a public, private or neighborhood area which may or may not include play equipment where children go for physical activity or to play.

Restaurant means a business establishment where a variety of foods are prepared and complete meals are served to the general public, located on premises having adequate culinary fixtures for food preparation and dining accommodations that is engaged primarily in serving meals to the general public; where customers are seated at tables, servers take food orders and serve food at the tables without prepayment, and without service windows or primarily providing takeout orders picked up at a counter.

Retailer means a person engaged in the sale or distribution of an alcoholic beverage to a consumer.

School means a building used primarily for the general education of minors. "School" does not include a nursery school, an infant day care center, or a trade or a technical school.

Sell, sale, or to sell means a transaction, exchange, or barter whereby, for consideration, an alcoholic beverage is either directly or indirectly transferred, solicited, ordered, delivered for value, or by means or under pretext is promised or obtained, whether done by a person as a principal, proprietor, or as an agent, servant, or employee, unless otherwise defined in this chapter or the rules made by the commission.

Single-event means a convention, civic, or community enterprise conducted by a bona fide corporation, church, political organization, or association or a recognized subordinate lodge, chapter, or other local unit thereof.

State store means a facility for the sale of package liquor located on premises owned or leased by the state and operated by a state employee. "State store" does not apply to a licensee, permittee, or package agencies.

Tavern means a business establishment that is engaged primarily in the retail sale of beer to a public patron for consumption on the establishment's premises. "Tavern" includes beer bar, parlor, lounge, cabaret, and night club if the revenue from the sale of beer exceeds the revenue of the sale of food, although food need not be sold in the establishment.

Trail means a linear corridor of property which is planned as part of the Trails Master Plan or recognized as a city facility by the Parks Master Plan, although not classified as a park, and maintained by the city for the purpose of recreation and alternate transportation as a part of the transportation system, thus not destined or intended for use by unaccompanied small children. A trail is not a park for purposes of this chapter.

Wine means an alcoholic beverage obtained by the fermentation of the natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not another ingredient is added.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.030. - General restrictions.#

Manufacturer/brewer. A person may not manufacture any alcoholic beverage unless an alcoholic beverage manufacturing license has been issued by the commission. A separate license is required for each place of manufacture, storage, and sale of alcoholic beverages. Whether independent or associated with a restaurant, a brewer or other form of manufacturing requires local consent from the city council.

Before any manufacturer or brewer licensee may manufacture any alcoholic beverage, it shall obtain:

Local consent for a manufacture license from the city; and

ii.

A manufacture license from the commission.

Applicants shall submit an application as per KMC 5.10.060. No more than one manufacturer license shall be issued within Kamas City.

Manufacturer licensee shall comply with all provisions and operational regulations for a manufacturer as established by the Alcoholic Beverage Control Act.

Violation of this section is a Class B misdemeanor.

Single-event. Before any sponsor of a single event may sell or allow the consumption of alcohol on its premises, it shall first obtain a single-event license from the commission and local consent from the city council.

Advertising. It shall be unlawful to advertise the sale of alcoholic beverages in violation of the Utah Alcoholic Beverage Control Act: Permitted signage shall comply with requirements contained in KMC 15.26 of the land use ordinance. There shall be no advertising within the city that in any manner attempts to promote or increase the sale or consumption of alcoholic beverages.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.040. - License to sell alcoholic beverages at retail.#

It shall be a Class B misdemeanor for any person to sell alcohol without first having procured a license from the city and the license fee, including all regulatory fees, as set forth in the Kamas City Fee and Rate Resolution.

It shall be a Class B misdemeanor for any person to sell alcohol after the revocation of the license issued pursuant to this ordinance.

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. It shall be unlawful for any licensee to violate any of the terms of the license.

All licensees shall comply with this ordinance, the Utah Alcoholic Beverage Control Act and the regulations of the commission.

All licenses may require other planning department fees and/or permits.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.050. - Retail licenses—Classification.#

Retail licenses issued under the provisions of this ordinance shall be classified under the following types which shall carry the privileges and responsibilities set forth in this ordinance: off-premise, full-service restaurant, limited-service restaurant, club, on premise banquet, beer only, and single-event.

All licenses of each type shall be numbered numerically commencing with the number one.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.060. - License applications.#

A person seeking an on-premise banquet, beer only, full-service restaurant, limited service restaurant, club, or single-event license to sell alcoholic beverages for consumption on the premises shall provide a written application on forms provided by the city. The application shall be accompanied by:

The license fee as set forth in the Kamas City Fee and Rate Resolution;

An approved site plan or conditional use permit or a copy of the applicant's business license. It shall be a prerequisite to issuance of an on-premise banquet, beer only, full-service restaurant, limited-service restaurant, club, or single-event license that the applicant has received either site plan or conditional use approval or has been granted a business license;

Evidence of proximity to any school, church, public library, public playground or public park;

A floor plan of the premises, including consumption areas and an area where the applicant proposes to keep, store and sell alcoholic beverages;

A signed consent form stating that the premises will permit any authorized representative of the commission, city, city police department or county health department unrestricted right to enter the premises;

A copy of the DRAM shop insurance coverage established by the Alcoholic Beverage Control Act of the Utah Code;

A copy of a cash, corporate or surety bond in the penal amount established by the Alcoholic Beverage Control Act of the Utah Code payable to the Department of Alcoholic Beverage Control; and

Any other information the city may require to accurately evaluate the merits of the application.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.070. - Processing of applications, local consent.#

Each application for an off-premise, on-premise banquet, beer only, full-service restaurant, limited service restaurant, club, manufacturer, or single-event license shall be referred to the business license administrator. Upon receiving the application and the accompanying information, the business license administrator shall submit the request to appropriate city departments for their review and comment. The request shall be reviewed by the city council at a regularly scheduled meeting not more than 45 days after a complete application is received. The council shall take public comment on the request. After review of the request and accompanying information, the council shall vote on whether to grant its consent for the issuance of the license. Notwithstanding the foregoing, an application for a single-event license in conjunction with a regularly conducted festival or event which, in previous years, received single-event license approval from the city, may be approved by the city upon a showing of past compliance with the ordinances, rules and regulations of the city and that the application meets current ordinances, rules and regulations.

An on-premise banquet, beer only, full-service restaurant, limited-service restaurant, or club license shall not be granted to a business located within 600 feet of any public or private school, church, public library, public playground or public park as measured from the nearest entrance of the outlet by following the shortest route of ordinary pedestrian travel to the property boundary of the public or private school, church, public library, public playground or public park.

An on-premise banquet, beer only, full-service restaurant, limited-service restaurant, or club license shall not be granted to any applicant for any location situated within 200 feet of any public or private school, church, public library, public playground, or public park, 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, or public park.

The restrictions contained in this section govern unless the city council determines that compliance with the distance requirements would result in peculiar and exceptional practical difficulties or exceptional and undue hardships in the granting of a license. In that event the city council, may, after giving full consideration of all attending circumstances and after compliance with public notice and public hearing requirements as specified in this section authorize a variance from the distance requirements to relieve the difficulties or hardships, if the variance may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the ordinance.

On-premise banquet, beer only, full-service restaurant, limited-service restaurant, club, or single-event license applicants wishing to request from the city council a variance from the proximity distance requirement in this section shall comply with the following:

Payment of fee. Any applicant desiring a variance for which a special public hearing is required shall pay a fee set by resolution of the city council before the hearing shall be set or advertised.

Advertising. Notice of a public hearing shall be published once a week for three consecutive weeks in a newspaper of general circulation. The advertisement shall state the date, time, location and reason for the public hearing.

Notice to property owners. Letters of notice of public hearing shall be mailed at least ten days in advance of the public hearing to all persons owning property within 600 feet of the applicant's premises.

Petition. The applicant shall circulate a petition to each person owning property within 600 feet of the applicant's business premises. Such petition shall allow the affected property owners to indicate opposition or lack of opposition to such a license being granted.

Public hearing. After satisfying the fee and notice requirements, the city council shall hold a public hearing to consider the granting of a variance from the distance requirements.

Each person granted a license and the employees, management and personnel of the licensee shall abide by the conditions and requirements provided in the Alcoholic Beverage Control Act of the Utah Code.

In deciding whether to grant or deny a license, the city may also consider the proximity of any educational, religious, and recreational facility, or any other relevant factor in reaching a decision on a proposed location.

There shall be no limitation on the number of local consents granted by Kamas City.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.080. - General operational restrictions.#

Each person granted an on-premise banquet, beer only, full-service restaurant, limited-service restaurant, club, or single-event license and their employees, management and personnel shall abide by the following conditions and requirements. Failure to comply may result in suspension or revocation of the license or other disciplinary action taken against individual employees or management personnel.

A beer only, full-service restaurant, and limited-service restaurant license shall entitle the licensee to sell alcoholic beverages only with the purchase of food, on the premises described therein, in containers allowed under the Alcoholic Beverage Control Act of the Utah Code. Only bona fide restaurants shall be entitled to full-service, limited-service restaurant, beer only or dining club licenses.

A club, on-premise banquet, or single-event license shall entitle the licensee to sell alcoholic beverages on the premises described therein, for consumption on the licensed premises.

No person under the age of 21 years shall sell or serve alcoholic beverages under a full-service or limited-service restaurant license.

Alcoholic beverages purchased from a restaurant shall not be removed from the restaurant premises except as allowed in accordance with the Alcoholic Beverage Control Act of the Utah Code.

A person shall not bring onto the premises of an on-premise banquet, beer only, full-service restaurant, limited-service restaurant, special-event or club any liquor or beer, for on-premise consumption. A person may bring bottled wine onto the premises of a full-service restaurant, limited-service restaurant or dining club provided the wine is delivered to a server upon entering the premises. Officers, managers, employees or agents shall not allow a person to bring onto the licensee premises liquor or beer for on-premise consumption or allow consumption of any such liquor or beverage on its premises. If any licensee or any of its officers, managers, employees or agents violates this section the city may immediately suspend or revoke the license.

An employee of a licensee, while on duty, shall not consume an alcoholic beverage or be under the influence of alcoholic beverages.

Each licensee shall display in a prominent place on the premises:

The license issued by the city and the license issued by the commission; and

ii.

A sign in large letters stating: "WARNING, THE CONSUMPTION OF ALCOHOLIC BEVERAGES PURCHASED IN THIS ESTABLISHMENT MAY BE HAZARDOUS TO YOUR HEALTH AND THE SAFETY OF OTHERS."

There shall be no transfer of a license from one location to another.

There shall be no transfer of a license from one entity to another without approval by the city council, except that the city may grant a request to transfer an on-premise banquet, beer only, full-service restaurant, limited-service restaurant, or club license from a current licensee to a proposed licensee who will operate at the same location, so long as the following conditions are met:

The type of alcoholic beverage to be sold is not changed;

ii.

The on-site management staff has not changed;

iii.

There have been no citations for alcohol related offenses issued to either the current licensee or the proposed licensee within the last two years; and

iv.

The proposed licensee's application complies in all respects with all other provisions of this ordinance.

Monetary value of license:

A person having been granted an on-premise banquet, beer only, full-service restaurant, limited-service restaurant, special-event or club license shall not sell, exchange, barter, give or attempt in any way to dispose of the license whether for monetary gain or not.

ii.

An on-premise banquet, beer only, full-service restaurant, limited-service restaurant, special-event or club license has no monetary value for the purpose of any type of disposition.

A person's willingness to serve alcoholic beverages or beer shall not be made a condition of employment as a server with a restaurant that has a full-service restaurant, limited-service restaurant, on-premise banquet, beer only or dining club license.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.090. - Off-premise licenses.#

An off-premise retail license shall entitle the licensee to sell beer on the premises described therein in original containers of a size established in the Alcohol Beverage Control Act of the Utah Code.

It shall be unlawful for an off-premise licensee to permit the consumption of beer on any off-premise licensed premises.

A person seeking an off-premise license to sell beer shall provide a written application on forms provided by the city. The application shall be accompanied by:

The fee for an off-premise license as set forth in the Kamas City Fee and Rate Resolution.

An approved site plan or conditional use permit or a copy of the applicant's business license, it being a prerequisite to issuance of an off-premise license that the applicant has received either site plan or conditional use approval or has been granted a business license;

Evidence of proximity to any school, church, public library, public playground or public park;

A floor plan of the business, including where the applicant proposes to keep, store and sell beer; and

Any other information the city may require to accurately evaluate the merits of the application.

No off-premise license shall be issued to any person where the premises would be located within 200 feet of a school, church, public library, public playground or public park as measured from the nearest entrance of the outlet by following the shortest route of either ordinary pedestrian travel to the property boundary of a public or private school, church, public library, public playground or public park.

An off-premise licensee may sell beer beginning at the hour of 7:00 a.m. and ending at the hour of 1:00 a.m.

Beer may not be sold, delivered, or furnished to any:

Minor;

Person actually, apparently, or obviously under the influence of any intoxicating beverage or controlled substance;

Known habitual drunkard; or

Known interdicted person.

Provisions of this ordinance prohibiting possession of beer by minors shall not apply to persons under 21 years of age who are bona fide employees in off-premise licensed premises while under the supervision of a person 21 years of age or older who is on the premises.

It shall be unlawful for any person licensed to sell beer or for any of his agents or employees to allow intoxicated persons to remain in or about any licensed premises.

Off-premises licensees shall maintain records which shall disclose the gross sale of beer during each and every year. Such records shall be available for inspection and audit as established by the Alcoholic Beverage Control Act of the Utah Code. Failure of a licensee to properly maintain the required records or failure to submit such records for inspection and audit shall be cause for suspension or revocation of an off-premise license.

10.

Each off-premise licensee shall limit beer sales to no more than 20 percent of its total business.

11.

An off-premise licensee shall make every reasonable effort to limit the potential for theft of beer from licensed premises. A clear, unobstructed view of all portions of the interior shall be available at all times from a point within the licensed premises at or near the main public entrance. A beer inventory shrinkage record shall be kept by the licensee and made available at any time upon request to the chief of police or business license administrator for inspection or audit. Failure of a licensee to properly maintain the alcoholic beverage inventory shrinkage or failure to submit such records for inspection and audit shall be a Class B misdemeanor and shall be cause for suspension or revocation of an off-premise license.

12.

There shall be no transfer of an off-premise license from one location to another.

13.

There shall be no transfer of an off-premise license from one entity to another without approval by the city council, except that the business license administrator may grant a request to transfer an off-premise license from a current licensee to a proposed licensee who will operate at the same location provided:

The type of alcoholic beverage to be sold is not changed;

The on-site management staff has not changed;

There have been no citations for alcohol related offenses issued to either the current licensee or the proposed licensee within the last two years; and

The proposed licensee's application complies in all respects with all other provisions of this ordinance.

14.

Monetary value of license:

A person having been granted an off-premise license shall not sell, exchange, barter, give or attempt in any way to dispose of the license whether for monetary gain or not.

An off-premise beer license has no monetary value for the purpose of any type of disposition.

15.

Each off-premise beer licensee shall comply with the provisions of the EASY law and operational provisions established by the Alcoholic Beverage Control Act.

16.

The total number of off-premise licenses in the city shall not exceed one per each 400 population of the city, based on the latest population estimate provided by the previous census statistics and determined by the average household size and number of residential units in the city.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.100. - Full-service restaurant and limited-service restaurant licenses.#

Before any full-service restaurant or limited-service restaurant may sell alcoholic beverages at retail for on-premise consumption, it shall obtain:

A full-service restaurant license from the city for the purpose of selling alcoholic beverages as defined in the ordinance; or

A limited-service restaurant license from the city for the purpose of selling beer, heavy beer, and wine as defined in this ordinance; and

A full-service restaurant or limited-service restaurant retailer license from the commission.

A person seeking a full-service or limited-service restaurant license to sell alcoholic beverages for consumption on the premises shall provide a written application on forms provided by the city as outlined in KMC 5.10.060.

A full-service or limited-service restaurant licensee may sell alcoholic beverages in accordance with the Alcoholic Beverage Control Act of the Utah Code.

All full-service or limited-service restaurant licensees shall maintain records which shall disclose the gross sales of alcoholic beverages and the gross sales of food served and any other items sold for consumption on or off the premises as defined in the Alcoholic Beverage Control Act of the Utah Code. Alcoholic beverages sales shall not exceed more than 30 percent of the gross dollar volume sales for any semi-annual period.

Restriction on licenses: There shall be no limitation on the number of full-service or limited-service restaurant licenses granted by Kamas City.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.110. - Club licenses.#

There are four types of clubs defined in U.C.A. Tit. 32A:

Dining clubs;

Equity clubs; and

Fraternal clubs.

Before any club may sell alcoholic beverages at retail for on-premise consumption, it shall obtain:

A Club license from the city; and

A Club license from the commission.

A person seeking a club license to sell alcoholic beverages for consumption on the premises shall provide a written application on forms provided by the city as outlined in KMC 5.10.060.

A dining club licensee may sell alcoholic beverages in accordance with the Alcoholic Beverage Control Act of the Utah Code.

A club license shall entitle the licensee to sell alcoholic beverages on the premises described therein, in containers allowed under the Alcoholic Beverage Control Act of the Utah Code, for consumption on the permitted premises.

All club licensees shall make food available at all times when alcoholic beverages are sold, served or consumed. All holders of a club license shall maintain records which shall disclose the gross sales of alcoholic beverages and the gross sales of food served and any other items sold for consumption on or off the premises as defined in the Alcoholic Beverage Control Act of the Utah Code. Dining club licensees shall maintain at least 60 percent of their club business from the gross sale of food.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.120. - Beer only licenses.#

There are two types of on-premise beer licenses defined by the Alcoholic Beverage Control Act of the Utah Code:

Beer only which include restaurants, cafes, bowling center or golf course food and beverage facilities; and

Taverns, which include beer bars, parlors, lounges, cabarets, or nightclubs. No tavern licenses shall be issued within Kamas City.

Before any establishment may sell beer at retail for on-premise consumption, it shall obtain:

A beer only license from the city; and

A beer only retailer license from the commission.

A person seeking a beer only license to sell beer for consumption on the premises shall provide a written application on forms provided by the city as outline in KMC 5.10.060.

Hours of sale. A beer only licensee may sell beer in accordance with the Alcoholic Beverage Control Act of the Utah Code.

All beer only licensees shall maintain records which shall disclose the gross sales of alcoholic beverages and the gross sales of food served and any other items sold for consumption on or off the premises as defined in the Alcoholic Beverage Control Act of the Utah Code. Beer sales shall not exceed more than 30 percent of the gross dollar volume sales for any semi-annual period.

The total number of beer only licenses in the city shall not exceed one per each 4,000 population of the city, based on the latest population estimate provided by the city business license administrator as determined by the average household size and number of residential units in the city.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.130. - On-premise banquet license.#

An on-premise banquet license may only be issued for a hotel, resort facility, sports center or convention center.

Before any on-premise banquet licensee may sell or furnish an alcoholic product at retail for on-premise consumption, it shall obtain:

An on-premise banquet license from the city; and

An on-premise banquet license from the commission.

A person seeking an on-premise banquet license to provide alcohol for consumption on the premises shall provide a written application on forms provided by the city as outlined in KMC 5.10.060.

Hours of sale. An on-premise banquet licensee may sell alcoholic beverages in accordance with the Alcoholic Beverage Control Act of the Utah Code.

All on-premise banquet licensees shall maintain records which shall disclose the gross sales of alcoholic beverages and the gross sales of food served and any other items sold for consumption on the premises as defined in the Alcoholic Beverage Control Act of the Utah Code. Alcohol sales shall not exceed more than 50 percent of the gross dollar volume sales for any semi-annual period.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.140. - Single-event licenses.#

Before any operator, participant or sponsor of a single event may sell beer or alcohol at retail for on-premise consumption at the event, a single-event license shall be obtained from the city. A single-event license may also include a temporary special event beer license.

An applicant seeking a single-event license to sell beer or alcohol for consumption on the premises of a single event shall provide a written application on forms provided by the city. The application shall be accompanied by:

The fee for a single-event license as set forth in the Kamas City Fee and Rate Resolution and evidence of necessary regulatory approvals to conduct the single event;

Evidence of proximity to any school, church, public library, public playground or public park, however, the proximity requirements of KMC 5.10.070 do not apply to a single-event license as per the Alcoholic Beverage Control Act of the Utah Code;

A site plan of the location of the single event, including clear depiction of consumption areas and areas where the applicant proposes to keep, store and sell alcoholic beverages;

A statement of the purpose of the association, corporation, church or political organization or its local lodge, chapter, or other local unit;

A signed consent form stating that authorized representatives of the city, including any city law enforcement agency, will have unrestricted right to enter the premises during the event;

Proper verification evidencing that the person signing the application is authorized to act on behalf of the association, corporation, church or political organization conducting the single event; and

Any other information the city may require to accurately evaluate the merits of the application.

No person under the age of 21 years shall sell or serve alcoholic beverages under a single-event license.

A single-event license shall not authorize the storage, sale or consumption of alcoholic beverages at an event for any period exceeding 72 hours.

Qualifying organization may apply for up to four licenses per calendar year for a time period that does not exceed 120 consecutive hours for each license, or up to 12 licenses per calendar year for a time period that does not exceed 72 consecutive hours for each license.

A special-event licensee may sell alcoholic beverages in accordance with the Alcoholic Beverage Control Act of the Utah Code.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.150. - Renewal of existing licenses.#

All applications for renewal of licenses shall be filed with the business license administrator at least 30 days prior to the expiration of the then issued license. Any person who fails to file within the time limit set forth herein shall, on the date of expiration of the license, forthwith cease all sales of alcoholic beverages on the licensed premises and shall make no sale of alcoholic beverages until the date a new license is issued by order of the city council.

Upon receipt of an application for renewal of an alcoholic beverage license, the business license administrator shall obtain a report from appropriate agencies regarding the applicant's compliance with any applicable restrictions relating to operation of the licensed premises and local or state laws relating to the sale or supply of alcohol. In the event the report demonstrates there have been any instances of noncompliance in the preceding year, the renewal application shall be scheduled for a hearing before the city council at its next regularly scheduled business meeting. Within 14 days of the hearing, the city council shall render a decision regarding the license application.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.160. - Renewal information required.#

Applications for renewal of licenses issued under this ordinance shall be accompanied by a statement setting forth the gross sales of beer by the licensed establishment during the preceding year and the total gross revenues from all sources of sales during the same year. Renewal applications which are not accompanied by the required statement shall be deemed incomplete and shall not be processed until the statement is supplied. The requirements of this section shall be in addition to any requirements relating to the keeping of records set forth within this ordinance.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.170. - Fees.#

Renewal applications for licenses under this ordinance shall be accompanied by the city business license fee and the complete regulatory fees established by the Kamas City Fee and Rate Resolution as amended.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.180. - Expiration and renewal.#

All licenses issued pursuant to the provisions of this ordinance shall expire December 31 along with yearly business license.

Licenses shall be issued for one year from the date of expiration shown in this section. To implement the expiration date of existing licenses, the initial license renewal for licenses existing on the effective date of this ordinance shall be prorated to the next expiration date. In the event renewal fees are not received at the office of the license official within 45 days after the due date each year, the licensee must reapply for the applicable retail license and pay a penalty of 25 percent of the regulatory fees due as part of the re-issuance fee, in addition to the applicable regulatory license fees. In the event the renewal fees are not received at the office of the business license administrator within 75 days of each year when due, the licensee must reapply for the applicable retail license and pay a penalty of 100 percent of the fee due as part of the re-issuance fee, in addition to the applicable regulatory license fees. Failure to meet the renewal requirements shall result in an automatic forfeiture of the license effective on the date the existing license expires.

If any licensee sells the place of business, the existing license shall be canceled. The purchaser of the business may apply for a license to sell alcoholic beverages in accordance with the procedures and requirements of this ordinance. If any licensee does not immediately notify the city of any change in ownership of the business, the city shall revoke that license.

(Ord. 2015-04, 11/10/2015)

Sec. 5.10.190. - Penalties for violations by a licensed establishment.#

Any license issued pursuant to the ordinance may be suspended or revoked for the violation by the licensee or the licensee's agent or employee of any provision of this ordinance or any other applicable ordinance or law relating to the possession, consumption, storage or sale of alcoholic beverages. If any person to whom a license has been issued under this ordinance no longer possesses the qualifications required by this ordinance for obtaining that license, the city may revoke or suspend that license.

In addition to the suspension or revocation of licenses, the city may bring criminal charges or seek any other civil remedy available to the city for the violation of any provision of this ordinance.

Violations of the ordinance by a licensee or any employee or agent of a licensee which occur within any 24-month period may be punished as follows:

Upon a first violation of this ordinance the license shall be issued a warning.

Upon any violation of this ordinance which occurs within 24 months of a prior violation, the licensee shall pay a civil fine of $250.00.

Upon any violation of this ordinance which occurs with 24 months of two prior violations, the licensee shall pay a civil fine of $500.00 and the licensee shall have its license suspended for a period of three consecutive days concurrent with any suspension imposed by the state.

Upon any violation of this ordinance which occurs within 24 months of three prior violations, the licensee shall pay a civil fine of $500.00 and the licensee shall have its license suspended for a period of 30 consecutive days concurrent with any suspension imposed by the State. In addition, the licensee shall be placed on probation for a period of one year. Any violation of the Ordinance by the licensee or any employee of the licensee during the period of probation shall result in the revocation of the licensee's license. The licensee shall not be eligible to reapply for a new license for at least six months from the date of revocation.

Failure to pay any fine imposed for a violation of any provision of the ordinance within 30 days of the imposition of such fine shall be grounds for revocation of the license.

(Ord. 2015-04, 11/10/2015)

CHAPTER 5.14. - BODY ART FACILITY#

Sec. 5.14.010. - Definitions.#

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Body art. The practice of physical body adornment, including, but not limited to, the following techniques: body piercing, tattooing. This definition excludes: 1.

Body modification, such as branding and scarification; and

Any practices that are considered medical procedures by the Utah State Medical Board.

Body art facility. A facility where practitioners practice or instruct: 1.

Body piercing; and

Tattooing.

But does not include: 1.

Permanent cosmetics;

Microblading;

Branding; and

Scarification.

Body piercing. The creation of an opening in the body for the purpose of inserting jewelry or other decoration, including ear piercing which means the puncturing of the non-cartilaginous portion or lobe of the ear with piercing equipment to insert stud-and-clasp jewelry according to the directions provided by the piercing equipment's manufacturer.

Branding. The process in which a mark is burned, with or without heated metal, into human tissue with the intention of leaving a permanent mark.

Microblading. A procedure where a hand tool with a blade formed of tiny needles implants permanent or semi-permanent pigment, resembling hair, into the skin of the eyebrow area with fine and short strokes.

Permanent cosmetics. A permanent or semi-permanent tattoo: 1.

To the eyebrows, eyelids, lips, or other parts of the body for beauty marks, hair imitation, lash enhancement, or tissue repigmentation; and

Includes permanent makeup, micropigmentation, micropigment implantation, microblading, dermagraphics, or cosmetic tattooing.

Tattoo. To fix an indelible mark or figure upon the body by inserting a pigment under the skin or by producing scars.

Scarification. The process in which a mark is cut into human skin tissue with the intent of leaving a permanent mark.

(Ord. No. 2025-09, § 1 (Exh. A), 9/23/2025)

Sec. 5.14.020. - Body art business regulations.#

Location. All body art activity shall be performed only by body art practitioners in a permitted and authorized body art facility. They are a permitted use in the G-C, ECC, and L-I zones.

Licenses and permits required.

The operator and all associated body art practitioners of the body art facility shall obtain and comply with all the requirements of the Summit County Health Department licenses and permits for body art and permanent makeup establishments.

A body art facility shall obtain a Kamas City Business License. Only two body art facilities shall be allowed in Kamas City. A body art facility shall be allowed two body art practitioners.

Home occupancy prohibited. The use of a portion of a multi-family or single-family dwelling used for dwelling purposes, or any part of the same lot including yard, garage space, or accessory building as office, studio, teaching or work room for body art is strictly prohibited.

Body art performed on minors shall comply with Utah State Code.

Consumption or possession of alcohol or drugs. The consumption or possession of alcoholic beverages or illegal drugs on the premises of a body art facility shall be prohibited.

Hours of operation. Body art facilities hours of operation shall be limited to 9:00 a.m.—9:00 p.m.

(Ord. No. 2025-09, § 1 (Exh. A), 9/23/2025)

CHAPTER 5.16. - SEXUALLY ORIENTED BUSINESSES#

Sec. 5.16.010. - Purpose.#

The purpose and objective of this provision is to establish reasonable and uniform regulations and guidelines to approve conditional uses for adult/sex oriented facilities and businesses in order to prevent the concentration of such facilities and businesses or their location in areas deleterious to the city, and prevent inappropriate exposure of such facilities and businesses to the community. This provision is to be construed as a regulation of time, place, and manner of the operation of these facilities and businesses to protect legitimate governmental interests and mitigate the secondary effects of such businesses in a manner consistent with the constitutional protections provided by the Untied States and Utah Constitutions.

(Ord. 2015-04, 11/10/2015)

Sec. 5.16.020. - Definitions.#

Adult bookstore or adult video store: A business establishment which: 1.

Holds itself out to be such a business; or

Excludes minors from more than 30 percent of the retail floor or shelf space of the premises; or

Which as one of its principal purposes, offers for sale or rental, for any form of consideration, any one or more of the following: Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations the central theme of which depicts or describes "specified sexual activities" or "specified anatomical areas," or instruments, devices or paraphernalia which are designated for use in connection with specified sexual activities, except for legitimate medically recognized contraceptives.

Adult business: An adult theater, adult cabaret, adult motion picture theater, adult escort services, outcall services, adult bookstore or adult video store.

Adult cabaret: An establishment which features as a principal use of its business, waiters, waitresses, or bartenders who are in a state of nudity or semi-nudity, and/or which features on a regular basis entertainers who perform in a state of nudity or semi-nudity.

Adult motion picture theater: A business establishment which: 1.

Holds itself out as such a business; or

As its principal business, regularly shows, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions which are primarily characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

Adult/sex oriented facility or business: Nude or semi-nude entertainment businesses and adult businesses as defined in this ordinance.

Adult theater: A theater, concert hall, auditorium, or similar business establishment which: 1.

Holds itself out as such a business; or

As its principal business, regularly features persons who appear in live performance in a state of nudity or semi-nudity or which are characterized by the exposure of "specified anatomical areas" or by "special sexual activities".

Distance: All distances discussed herein as they pertain to buffers from other SOBs, churches, schools, parks, and residential zone districts are measured as follows: 1.

In a straight line, without regard to intervening structures, from the nearest property line of the school, park, church, residential zone district or other SOB to the nearest property line of the SOB.

Escort: Any person who, for pecuniary compensation, dates, socializes, visits, consorts with or accompanies or offers to date, consort, socialize, visit or accompany another or others to or about social affairs, entertainment or places of amusements or within any place of public or private resort or any business or commercial establishment or any private quarters. "Escort" shall not be construed to include persons who provide business or personal services such as licensed private nurses, aides for the elderly or handicapped, social secretaries or similar service personnel whose relationship with their patron is characterized by a bona fide contractual relationship having a duration of more than 12 hours and who provide a service not principally characterized as dating or socializing.

Escort service: An establishment, which features as a principal use of its business, for pecuniary compensation, furnishing or offering to furnish escorts, or provides or offers to introduce patrons to escorts.

Nude or semi-nude entertainment business: A business, including an adult theater, where employees/entertainers perform or appear in the presence of patrons of the business in a state of nudity or semi-nudity. A business shall also be presumed to be a nude or semi-nude entertainment business if the business holds itself out as such a business.

Nudity or state of nudity: A state of dress in which the areola of the female breast, or male or female genitals, pubic region, or anus are covered by less than the covering required in the definition of seminude.

Obscene: Any material or performance is obscene if: 1.

The average person, applying contemporary community standards, finds that, taken as a whole, it appeals to prurient interest in sex;

It is patently offensive in the description or depiction of nudity, sexual conduct, sexual excitement, sadomasochistic abuse, or excretion; and

Taken as a whole, it does not have serious literary, artistic, political or scientific value.

Operator: The manager or other natural person principally in charge of an adult/sex oriented facility or business.

Outcall services: Escorts and businesses which provide, as any portion of their business, nude or semi-nude services outside of the premises in any place of private resort or private quarters by models, dancers, or other similar employees.

Semi-nude: A state of dress in which a person wears opaque clothing covering (1) only the male or female genitals, pubic region, and anus, by an opaque cover that is four inches wide in the front and five inches wide in the back tapering to one inch at the narrowest point, and (2) only the nipple and areola of the female breast, if applicable.

Sexually oriented business employees: Those employees who work on the premises of the adult/sex oriented facility or business in activities related to the sexually oriented portion of the business. This includes all managing employees, dancers, escorts, models, and other similar employees whether or not hired as employees, agents or independent contractors. Employees shall not include individuals whose work is unrelated to the sexually oriented portion of the business, such as janitors, bookkeepers and similar employees. All persons employed by an outcall service making outcall meetings under this ordinance, including dancers, escorts, models, guards, drivers, and other similar employees, regardless of the employee's state of dress, shall be considered sexually oriented business employees.

Specified anatomical areas: The human male or female pubic area or anus with less than a full opaque covering, or the human female breast from the beginning of the areola, papilla or nipple to the end thereof with less than full opaque covering.

Specified sexual activities means: 1.

Acts of masturbation, human sexual intercourse, or sodomy; or

Manipulating, caressing, or fondling by any person of the genitals of a human, the pubic area of a human, or the breast of a human female; or

Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed.

(Ord. 2015-04, 11/10/2015)

Sec. 5.16.030. - Criteria.#

Adult/sex oriented facilities and business shall conform to the following criteria: 1.

Adult/sex oriented facilities and businesses may be constructed or operated as conditional uses within any existing industrial (Snyderville Basin) or industrial (Eastern Summit County) zone district.

Adult/sex oriented facilities and businesses shall not be located within 1,000 feet of any other adult/sex oriented facility business.

Adult/sex oriented facilities and businesses shall not be located within 1,000 feet of a church, public park or public or private school accredited by the State of Utah, public libraries, public buildings, public or private recreation facilities, and day care centers, or within 500 feet of any residential zone district, including SPAs where there are residential uses.

All applicants for a conditional use must provide the following information, in addition to any other requirements required under this Code:

The correct legal name of each applicant, corporation, partnership, limited partnership or entity doing business under an assumed name who is making application for a conditional use permit hereunder.

If the applicant is a corporation, partnership, or limited partnership or individual or entity doing business under an assumed name, the information required below shall be submitted for each partner and each principal of an applicant and for each officer or director. Any holding company or any entity holding more than ten percent of an applicant shall be considered an applicant for purposes of disclosure under this provision.

ii.

All corporations, partnerships or non-corporate entities included on the application shall also identify each individual authorized by the corporation, partnership, or non-corporate entity to sign checks for such corporation, partnership or non-corporate entity.

All applicants must provide any other names or aliases used by that individual, present business address and telephone number, present mailing, as well as physical residential addresses and telephone number, Utah drivers license or identification number and social security number with appropriate proof that the individual is at least 21 years of age. Where an applicant is a non-resident of the State of Utah, that applicant must provide an agent resident within the State of Utah to act on it's behalf.

The applicant's fingerprints on a form provided by the Summit County Sheriff's Department, or the Kamas City Police Department. For persons not residing in Summit County, the fingerprints shall be on a form from the law enforcement jurisdiction where the person resides. Fees for fingerprints shall be paid by the applicant directly to the issuing agency.

A statement detailing the license or permit history of the applicant for the five-year period immediately preceding the date of the filing of the application, including whether such applicant possesses or previously possessed any liquor licenses. The statement shall list all other jurisdictions in which the applicant owned or operated an adult/sex oriented facility or business. The statement shall also state whether the applicant has ever had a license, permit, or authorization to do business denied, revoked, or suspended in this or any other county, city, state, or territory. In the event of any such denial, revocation or suspension, state the date, the name of the issuing or denying jurisdiction and state in full the reasons for the denial, revocation or suspension, A copy of any order of denial, revocation or suspension shall be attached to the application for a conditional use permit.

In the event the applicant is not the owner of record of the real property upon which the business or proposed business is to be located, the application must be accompanied by a notarized statement from the legal or equitable owner of the property specifically acknowledging the type of business for which the applicant seeks a license for the property. In addition to furnishing such notarized statement, the applicant shall furnish the name, address, and phone number of the owner of record of the property, as well as a copy of the lease or rental agreement pertaining to the premises in which the service is or will be located.

A description of the services to be provided by the business, with sufficient detail to allow reviewing authorities to determine what business will be transacted on the premises, together with a schedule of usual fees for services to be charged by the licensee and any rules, regulations, or employment guidelines under or by which the adult/sex oriented facility or business intends to operate. This description shall also include:

The hours that the business or service will be open to the public and the methods of promoting the health and safety of employees and patrons and preventing them from engaging in illegal activity;.

ii.

The methods of supervision preventing the employees from engaging in acts of prostitution or other related criminal activities;

iii.

The methods of supervising employees and patrons to prevent employees and patrons from charging or receiving fees for service or acts prohibited by other statutes and ordinances; and

iv.

The methods of screening employees and customers in order to promote the health and safety of employees and customers and prevent the transmission of disease, and prevent the commission of acts of prostitution or other criminal activity.

All criminal convictions or pleas of nolo contendere, except those which have been expunged, and the disposition of all such arrests for the applicant, individual, or entity subject to disclosure hereunder for five years prior to the date of the application. This disclosure shall include identification of all ordinance violations, excepting minor traffic offices (any traffic offense designated as a felony shall not be construed as a minor traffic offense); stating the date, place, nature of each conviction, plea, and sentence or other disposition; identifying the convicting jurisdiction and sentencing court and providing the court identifying case numbers or docket numbers. Application for a conditional use permit for an adult/sex oriented facility or business shall constitute a waiver of disclosure of any criminal conviction or plea of nolo contendere for the purposes of any proceeding to grant a permit for such business.

No applicant who has been convicted or pied nolo contendere to a crime involving prostitution, exploitation of prostitution, solicitation of sex acts, sex acts for hire, compelling prostitution, aiding prostitution, sale, distribution or display of material harmful to minors, sexual performance by minors, possession of child pornography, lewdness, indecent exposure, any crime involving sexual abuse or exploitation of a child, sexual assault or aggravated sexual assault, rape, forcible sodomy, forcible sexual abuse, incest, harboring a runaway child, felony drug distribution, criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction, regardless of the exact title of the offense for which less that two years have lapsed from the date of conviction, if the conviction is of a misdemeanor offense, or less than five years if the convictions are of two or more misdemeanors within the previous five years, or if less than five years have elapsed from the date of conviction when the offense is a felony, shall be entitled to receive a conditional use permit to operate an adult/sex oriented facility or business in Kamas City. The fact that a conviction is being appealed shall have no effect on the disqualification provided for in this subpart.

(Ord. 2015-04, 11/10/2015)

Sec. 5.16.040. - Mandatory general conditions.#

All conditional user permits for adult/sex oriented facilities and businesses shall include conditions which prohibit such facilities and businesses from: 1.

Allowing persons under the age of 18 years on the premises, except that in adult businesses which exclude minors from less that all of the business premises, minors shall not be permitted in excluded areas;

Allowing, offering, or agreeing to allow any alcohol to be stored, used, sold, or consumed on or in the premises;

Allowing the outside or interior door to the premises to be locked while any customer or employee is in the premises, except that management may lock interior offices for security purposes;

Allowing, offering, or agreeing to gambling on the premises;

Allowing, offering, or agreeing to any employee of an adult/sex oriented facility or business touching any patron or customer in a sexually enticing, explicit, or arousing manner;

Allowing, offering, or agreeing to illegal possession, use, sale, or distribution of controlled substances on the premises;

Allowing, offering, or agreeing to commit prostitution, solicitation of prostitution, solicitation of a minor or committing activities harmful to a minor to occur on the premises;

Allowing, offering, or agreeing to any specified sexual activity as validly defined by Kamas City ordinance or state statute in the presence of any customer or patron;

Allowing, offering, or agreeing to allow a patron or customer to masturbate in the presence of an employee or on the premises of an adult/sex oriented facility or business;

10.

Allowing, offering, or agreeing to commit an act of lewdness as defined in the Utah State Law; and

11.

Forbidding or prohibiting the police department or other city official from having access during the hours of operation to all premises covered by a conditional use permit for an adult/sex oriented facility or business or to make periodic inspection of said premises whether the officer or official is in uniform or plain clothes.

12.

Allowing a dancer, model, or performer, while performing in any business licensed/permitted pursuant to this ordinance:

To touch in any manner any other person;

To throw any object or clothing off the stage area;

To accept or solicit any gratuity, money, drink, or any other object directly or indirectly from any patron;

To place anything within the costume or adjust or move the costume while performing so as to render the performer in a state of nudity in violation of state indecency/lewdness laws.

13.

Allowing a patron to touch in any manner any dancer, model, or performer; to place any money or object on or within the costume or person of any dancer, model, or performer; or to give or offer to give to any such dancer, model, or performer any drinks, money, or object.

14.

Allowing operation of the business from 11:00 p.m. to 10:00 a.m.

(Ord. 2015-04, 11/10/2015)

Sec. 5.16.050. - Mandatory design of premises conditions.#

Adult business.

In addition to all other requirements under this ordinance, any applicant for a conditional use permit as an adult business shall also submit a diagram, drawn to scale, of the premises. The design and construction shall conform to the following:

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 to which any patron is permitted access for any purpose, excluding restrooms.

ii.

Restrooms may not contain any video reproduction equipment or any of the business merchandise. Signs shall be posted requiring only one person be allowed in the restroom per stall and only one person in any stall at a time and requiring that patrons shall not be allowed access to manager's station areas.

iii.

For businesses which exclude minors from the entire premises all windows, doors, and other apertures to the premises shall be darkened or otherwise constructed to prevent anyone outside the premises from seeing the inside of the premises. Businesses which exclude minors from [areas rather than] all of the premises shall be designed and constructed so that minors may not see into the area from which they are excluded.

iv.

The diagram must show marked internal dimensions, all overhead lighting fixtures and ratings for illumination capacity.

It shall be the duty of the permit holder and its employees to insure that the views from the manager's station of all areas specified in this section remain unobstructed by any doors, walls, merchandise, display racks, or any other materials, at all times that any patron is present in the premises, and to insure 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.

The premises shall at all times be equipped and operated with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less that one footcandle measured at floor level. It shall be the duty of the permit holder and its employees present on the premises to insure that the illumination described above is maintained at all times that any patron is present in the premises. Further, there shall be adequate outside lighting in such intensity to illuminate the parking lot, which services the facility or business. Motion lighting is an acceptable method of illumination for this outside lighting requirement.

There shall be no outside neon lighting or spotlighting of the building or facility.

Outside signage shall be limited to signs, which are affixed to the building or facility. Freestanding signs or off site signs are prohibited.

Nude and semi-nude entertainment business.

Adult theaters shall require that the performance area shall be separated from the patrons by a minimum of six feet, which separation shall be delineated by a physical barrier at least three feet high.

It is unlawful for business premises operating under a conditional use permit for nude and semi-nude entertainment to:

Permit a bed, sofa, mattress, or similar item in any room on the premises, except that a sofa may be placed in a reception room open to the public or in any office to which patrons are not admitted, and except that in an adult theater such items may be on the stage as part of a performance;

ii.

Allow any door on any room used for the business, except for the door to an office to which patrons shall not be admitted, outside doors, and restrooms to be lockable from the inside.

iii.

Provide any room in which the employee or employees and the patron or patrons are alone together without a separation by a solid physical barrier at least three feet high and six inches wide. The patron or patrons shall remain on one side of the barrier and the employee or employees shall remain on the other side of the barrier.

All illumination at the business premises must be sufficient so that all objects are plainly visible at all times.

There shall be no outside neon lighting or spotlighting of the building or facility.

Outside signage shall be limited to signs, which are affixed to the building or facility. Freestanding signs or off site signs are prohibited.

(Ord. 2015-04, 11/10/2015)

Sec. 5.16.060. - Location and zoning restrictions.#

It shall be unlawful for any adult/sex oriented facility or business to do business at any location within the city not zoned for such business under the Kamas City Zoning Ordinance and where the necessary conditional user permit has not been approved.

The Kamas City Council finds that an appropriate location for adult/sex oriented facilities and businesses have been established in concentrated areas of the county where it can be better regulated by county officials and law enforcement, and outside of residential or recreational (park) areas where the quality of life will not be as greatly impacted. These county areas are close enough to Kamas City to allow any interested business owner or business patrons to adequately exercise their rights to own, operate, or patronize these types of business.

(Ord. 2015-04, 11/10/2015)

Sec. 5.16.070. - Business license required.#

It shall be unlawful for any person to operate an adult/sex oriented facility or business without first obtaining a business license from the city. Said license shall be issued in accordance with Kamas City Ordinance or its successor ordinance.

(Ord. 2015-04, 11/10/2015)

Sec. 5.16.080. - Single location and name.#

It is unlawful to conduct business under a business license and conditional use permit issued pursuant to this ordinance at any location other than the licensed/permitted premises. It is further unlawful for any adult/sex oriented facility or business to do business under any name other than the business name specified in the license or permit applications.

(Ord. 2015-04, 11/10/2015)

Sec. 5.16.090. - Transfer limitations.#

Conditional use permits and business licenses granted hereunder are not transferable. It shall be unlawful for an adult/sex oriented facility or business conditional use permit held by a corporation, partnership, or other non-corporate entity to transfer any part in excess of ten percent thereof, without filing a new application and obtaining prior city approval. If any transfer of the controlling interest in an adult/sex oriented facility or business occurs, the conditional use permit is immediately null and void and the business shall not operate until a new permit has been properly issued by the city as herein provided.

(Ord. 2015-04, 11/10/2015)

Sec. 5.16.100. - Obscenity and lewdness.#

This provision shall not be construed as permitting any use or act, which is otherwise prohibited or made punishable by law.

(Ord. 2015-04, 11/10/2015)

Sec. 5.16.120. - Alcohol prohibited.#

It is unlawful for any business licensed or permitted pursuant to this Ordinance to allow the sale, storage, supply or consumption of alcoholic beverages on the premises. It is unlawful for any person to possess or consume any alcoholic beverage on the premises of any adult/sex oriented facility or business.

(Ord. 2015-04, 11/10/2015)

Sec. 5.16.130. - Professional service exemption.#

This ordinance shall not apply to any sex therapist or similar individual licensed by the State of Utah to provide bona fide sexual therapy or counseling, licensed medical practitioner, licensed nurse, psychiatrist, psychologist, nor shall it apply to any educator licensed by the State of Utah for activities in the classroom.

(Ord. 2015-04, 11/10/2015)

Sec. 5.16.140. - Nude modeling/escort services/outcall services.#

This ordinance is not intended to unreasonably or improperly prohibit legitimate modeling which may occur in a state of nudity for purposes protected by the First Amendment or similar state protections. The city does intend to prohibit prostitution and related offenses occurring under the guise of nude modeling or escorting. 1.

A contract for nude modeling or escort services must be signed by the parties at least 24 hours in advance of such activity. During such nude modeling or escort services it shall be unlawful to:

Appear nude or semi-nude in the presence of persons under the age of 18;

Allow, offer, or agree to any touching of the contracting party or other person by the individual appearing nude;

Allow, offer, or agree to commit prostitution, solicitation of prostitution, solicitation of a minor, or committing activities harmful to a minor;

Allow, offer, commit, or agree to any sex act as validly defined by the city ordinance or state statute;

Allow, offer, agree, or permit the contracting party or other person to masturbate in the presence of the individual contracted to appear nude; or

Allow, offer, or agree for the individual appearing nude to be within five feet of any other person while performing or while nude or seminude.

(Ord. 2015-04, 11/10/2015)

Sec. 5.16.150. - Nonconforming uses.#

Adult/sex oriented facilities and businesses already existing within the unincorporated area of the county shall have the right to continue in their businesses without a conditional use permit. However, all such businesses shall be subject to compliance with the criteria, mandatory general conditions, and mandatory design of premises conditions, in KMC 5.16.060 within 90 days of the adoption of this ordinance. A time extension may be granted where Kamas City determines, on a case-by-case basis, that a hardship exists for a business owner/operator.

(Ord. 2015-04, 11/10/2015)

Sec. 5.16.160. - Change or extension/enlargement of use.#

Any nonconforming use herein may not be materially changed, nor extended/enlarged unless it comes into compliance with the then existing Development Code.

(Ord. 2015-04, 11/10/2015)

Sec. 5.16.170. - Cessation of use.#

If active and continuous operations are not carried on in a nonconforming use during a continuous period of one year, the building or land where such nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume active operations shall not affect the forgoing.

(Ord. 2015-04, 11/10/2015)

Sec. 5.16.180. - Dramatic works exception.#

This ordinance shall not be construed so as to prohibit: 1.

Plays, operas, musicals, films, or other dramatic works which are not obscene;

Classes, seminars, and lectures held for serious scientific or educational purposes; or

Exhibitions, dances, or works or art, which are not obscene.

(Ord. 2015-04, 11/10/2015)

Sec. 5.16.190. - Employee licenses.#

It is unlawful for any sexually oriented business to employ or for any individual to be employed by an adult/sex oriented facility or business in the capacity of a sexually oriented business employee in the city unless that employee first obtains a sexually oriented business license from the city.

Before any applicant may be licensed as a sexually oriented business employee, the applicant shall submit in writing to the city recorder the following:

The correct legal name of the applicant and any other names or aliases used by the individual;

The applicants age, date, and place of birth, height, weight, color of hair, color of eyes, present address, and phone number, Utah driver's license or identification number, and social security number;

Acceptable written proof that the applicant is at least 18 years of age or, in the case of employees to be employed in businesses where a different age is required by law, proof of the required age;

Two color photographs of the applicant clearly showing the individual's face, and the individual's fingerprints on forms provided by the county sheriff's office, or the Kamas City Police. For persons not residing in the city, the photographs and fingerprints shall be on forms from the law enforcement jurisdiction where the person resides. Fees for the photographs and fingerprints shall be paid by the applicant directly to the issuing agency;

For any applicant who works as a model, dancer, or escort, a certificate from the county health department, stating the individual has, within 30 days immediately preceding the date of the application, been examined and found to be free of the following contagious diseases: gonorrhea, syphilis, and chlamydia, and is negative for the AIDS antibody;

A statement of the business, occupation, or employment history of the applicant for five years immediately preceding the date of the filing of the application; and

All criminal convictions or pleas of nolo contendere, except those which have been expunged, for five years prior to the date of the application. This disclosure shall include identification of all ordinance violations, excepting minor traffic offenses (and traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature of each conviction or nolo contendere and sentence of each conviction; identifying the convicting jurisdiction and sentencing court and providing the court identifying case numbers or docket numbers. Application for a sexually oriented business conviction or plea of nolo contendere for the purposes of any proceeding involving the employee license.

Each initial application shall be accompanied by a nonrefundable fee, as fixed by the city recorder, to defray the costs of processing and investigating the application. Each applicant shall be required to pay regulatory license fees, as fixed by the city recorder on a yearly basis. These fees are regulatory fees and shall be in addition to the other licenses and fees required to do business in the city.

The city recorder shall issue a license to the applicant within 30 days after receipt of a complete application unless he or she finds one or more of the following:

The applicant is under 18 years of age or any higher age if the license sought requires a higher age;

The applicant is overdue in payment to the city of taxes, fees, fines, or penalties assessed against the applicant or imposed on the applicant in relation to an adult/sex oriented facility or business;

The applicant has falsely answered a material question or request for information as authorized by this ordinance;

The applicant has been convicted of a violation of a provision of this ordinance or a similar ordinance from another jurisdiction within two years immediately preceding the application (the fact that a conviction is being appealed shall have no effect on the denial);

The license fees required by this ordinance have not been paid;

An applicant has been convicted of or has pled nolo contendere to a crime:

Involving prostitution; exploitation of prostitution, aggravated promotion of prostitution; solicitation of sex acts; sex acts for hire; compelling prostitution; aiding prostitution; sale, distribution or display of material harmful to minors; sexual performance by minors; possession of child pornography; public lewdness; indecent exposure; any crime involving sexual abuse or exploitation of a child; sexual assault or aggravated sexual assault; rape; forcible sodomy; forcible sexual abuse; incest; harboring a runaway child; criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction regardless of the exact title of the offense for which:

(1)

Less than two years have elapsed from the date of conviction if the conviction is of a misdemeanor offense or less than five years if the convictions are of two or more misdemeanors within the five years; or

(2)

Less than five years have elapsed from the date of conviction, if the offense is a felony.

ii.

The fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this ordinance.

(1)

Sexually oriented business employee licenses issued pursuant to this ordinance shall be valid from the date of issuance through January 18th of the next calendar year.

(2)

Any change in the information required to be submitted by this ordinance shall be given, in writing, to the city recorder within 14 days after such change.

(3)

Sexually oriented business employee licenses shall not be transferable. It is unlawful for a sexually oriented business employee to transfer such license to another. Any such transfer or attempted transfer shall render the license null and void. If such license is void, the employee may not reapply for a new license for one year.

(4)

It is unlawful for any individual licensed pursuant to this ordinance to fail to carry their employee license on their person, at all times while engaged in licensed activities within the city. If the individual is nude, such license shall be visibly displayed within the same room as the employee is performing. It is unlawful to fail to show the appropriate licenses while engaged in licensed activities within the city upon request by the county sheriff's office, Kamas City Police Department, or other enforcement personnel or health official.

(Ord. 2015-04, 11/10/2015)

Sec. 5.16.200. - Penalties.#

Violations of any of the provisions of this ordinance shall subject the offender to the penalties under state law, or where no penalty is otherwise provided, a fine of not more than $750.00 and a 90-day jail sentence.

Businesses in violation of this ordinance shall be subject to license revocation proceedings in accordance with the provisions of Kamas City ordinances, or its successor ordinance. Such business shall also be subject to conditional use permit revocation proceedings in accordance with the provisions of the applicable development code. Where revocations occur, those businesses which are nonconforming under the current development code shall thereafter cease to be nonconforming uses within Kamas City.

Sexually oriented business employees in violation of this ordinance shall be subject to license revocation proceedings wherein a hearing by the city council, or by any official whom the city council may designate, shall be afforded to the individual. The individual shall be given written notice of the violation and an opportunity to be heard before the city council or designated hearing official.

It shall be unlawful to submit false or materially misleading information on or with a conditional use permit application for an adult/sex oriented facility or business or to fail to disclose or omit information for the purpose of obtaining said permit.

Prior to any permit or license revocation hearing, as provided for by the applicable development code, city business license ordinance, or this ordinance, a stay of enforcement action shall be granted, pending the outcome of the hearing and subsequent appeals, upon written application to the city by permit or license holder.

(Ord. 2015-04, 11/10/2015)

Sec. 5.16.210. - Right of appeal.#

All appeals from denials by the planning commission of conditional use permit applications shall be as provided in the Kamas City Zoning Ordinance.

All appeals from denials by city recorder of sexually oriented business employee licenses shall be to the city council.

(Ord. 2015-04, 11/10/2015)

CHAPTER 5.18. - OTHER LICENSING#

Sec. 5.18.010. - Motion picture productions.#

All motion picture or commercial filming operation in Kamas City must obtain a license and pay a license fee of $1,000.00 per production or event.

The use of off-duty city employees may be negotiated at rate acceptable to the employee. All off-duty employees must obtain council approval prior to accepting employment with the filming operation.

Note: All licenses in this chapter may require other planning department fees and/or permits.

(Ord. 2015-04, 11/10/2015; Res. 2018-06, 9/11/2018)

Sec. 5.18.020. - Special event permit.#

A special event permit will be required if your event:

Will interfere with vehicular or pedestrian traffic (occurs on city streets or right-of-way); or

Takes place on any property within Kamas City limits.

Application fee: $50.00

A $100.00 per day fee will be required for all events. If any special event requires a City staff or support person to be present, the cost of service will be billed at $125.00 for police, public works, and Administration, per hour, per staff person with a four-hour minimum.

All other costs (calls, faxes, etc.) will be charged cost plus 30 percent.

South Summit School District will be exempt from these fees upon approval from the city council.

Note: All licenses in this section may require other planning department fees and/or permits. Refer to the current Kamas City Business License Ordinance if applicable.

(Ord. 2015-04, 11/10/2015; Res. 2018-06, 9/11/2018)