The text
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.
2.
License fees shall be set forth in the fee schedule set by the city council.
3.
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.
4.
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).
5.
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;
2.
Has obtained a license by fraud or deceit;
3.
Has failed to pay personal property taxes or other required taxes or fees imposed by the city;
4.
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
5.
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;
2.
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;
3.
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)