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16-1-1 - Purpose.#
The purpose of this Title is to regulate the operation of businesses within the corporate limits of Kaysville City to promote the health, safety, and welfare of Kaysville citizens. (10-1-203 Utah Code)
16-1-2 - License Officer.#
1.
The position of Kaysville City License Officer is hereby created. The City License Officer shall be responsible for the collection of all license fees and shall issue licenses in the name of the City to all persons under the provisions of this Title and shall:
a.
Promulgate and enforce all administrative rules and regulations necessary to the operation and enforcement of this Title;
b.
Adopt all forms and prescribe the information to be given therein for all necessary papers;
c.
Require applicants to submit all affidavits and oaths necessary to the administration of this Title;
d.
Submit all applications, in a proper case, to responsible City Officials for their endorsement thereon as to compliance by the applicant;
e.
Investigate and determine the eligibility of any applicant for a license as prescribed herein;
f.
Notify any applicant of the acceptance or rejection of his application, and shall, upon refusal to issue any license or permit and at the applicant's request, state in writing the reasons therefor and deliver them to the applicant;
g.
Transmit the information from each approved business license application to the county assessor within sixty (60) days following the approval of the application. (10-1-203 Utah Code)
h.
Keep the records of all license applications (whether approved or denied) for a period of the then current license year and four (4) years immediately preceding.
16-1-3 - Board of Equalization.#
1.
The City Council of Kaysville City is hereby constituted as the Board of Equalization for the equalization of licensing. The Board shall meet at the call of the Mayor.
2.
The Board of Equalization shall have the authority to:
a.
Examine license rolls.
b.
Hear complaints regarding business licensing.
c.
Direct the License Officer to make corrections of any fee deemed to be illegal, unequal or unjust.
16-1-4 - Licenses Required.#
1.
Unless qualified as exempt per Utah Code 10-1-203, every person, partnership and corporation engaged in business in Kaysville City shall secure from the City License Officer a license for such business. Home occupations that do not have an offsite impact that materially exceeds the offsite impact of the primary residential use alone may receive a business license from the City at their request so long as the administrative fee associated with this license is paid in full.
2.
A license shall be obtained in the manner prescribed herein for each branch establishment or location where a separate business is conducted, provided that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this Title shall not be deemed to be separate places of business or branch establishments. Each rental property shall be deemed a branch establishment or separate place of business for the purposes of this Title when there is a representative of the owner or the owner's agent or there is a regular employee of the owner or of the owner's agent working on the premises.
3.
No license shall be required by Kaysville City of any person whose only business activity in Kaysville City is the mere delivery in the City of property purchased or acquired in good faith from such person at his regular place of business outside the City, providing that:
a.
Such person's business is, at the time of such delivery, licensed by the municipality or county in which such place of business is situated.
b.
No intent by such person is shown to exist to evade the provisions of this Title.
4.
The License Officer shall issue special permits without the payment of any license fees or other charges therefor, to any person or organization for the conduct or operation of a non-profit enterprise, either regularly or temporarily, when the License Officer finds that the applicant operates without private profit, for a public, charitable, educational, literary, fraternal or religious purpose.
a.
An applicant for a special permit shall submit an application therefor to the License Officer, upon forms prescribed by the License Officer, and shall furnish such additional information and make such affidavits as the License Officer shall require.
b.
A person or organization operating under a special permit shall operate his non-profit enterprise in compliance with this Title and all other applicable rules and regulations except as provided herein.
(Ord. 18-8-1, 8/16/2018; Ord. 21-07-03, 7/15/2021)
16-1-5 - Exemptions from Regulation.#
To those firms, corporations, partnerships, persons, or individuals, or professional people, who are practicing their professions or trades by reasons of and virtue of a license, permit, grant, or authority of the State of Utah or a state institution or department or branch of the State, only the premise use and fee portions of this Title are applicable and nothing herein contained shall be construed as granting to the City any regulatory power whatsoever over professional or tradespeople licensed and regulated by the State of Utah, or any branch or department or state association.
16-1-6 - License Fees.#
License fees shall be established from time to time by the City Council by resolution. All annual license fees shall be due and payable by the last day of December of each year. License fees are not rebateable.
16-1-7 - Exemptions from Fees.#
1.
No fees in this Title shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statues of the United States or the State of Utah from payment to municipal corporations of such fees as are prescribed in this Title.
2.
Any person claiming exemption pursuant to this Section shall file a verified statement with the License Officer stating the facts upon which exemption is claimed. The License Officer shall, upon a proper showing contained in the verified statement, issue a license to a person claiming exemption under the provisions of this Title without payment to the City of the license fee required by this Title. Every person claiming exemption from payment of any license fee provided in this Title upon the grounds of an imposition of such fee casts an unlawful burden upon his right to engage in commerce with foreign nations or among the several states or conflicts with the regulation with interstate commerce by the United States shall file a verified statement with the License Officer disclosing the interstate or other character of the type of business entitling such exemption. Such statement shall state the name and location of the person for which the nearest local or state manager, if any, and his address, the kind of goods, wares, merchandise, or other service to be delivered, or performed, the method of solicitation or taking orders, the place from which the same are to be shipped or forwarded or the services performed, the location of any warehouse, factory or plant within the State of Utah, the method of delivery, the name and location of the residence of the applicant, and any other facts necessary to claim exemption. A copy of the order blank contract form, or other papers used by such person shall be attached to the verified statement. The License Officer, after having a reasonable period of time to verify and review the information contained in the verified statement, shall establish a reasonable license fee. If the person claiming exemption refuses to pay this fee the person shall be referred to the City Attorney who shall review the information contained in his verified statement by the City License Officer.
(Ord. 21-07-03, 7/15/2021)
16-1-8 - Prorating Fees.#
License fees shall not be prorated.
16-1-9 - Delinquent Fees.#
Annual license fees shall become delinquent on the first day of January of each year. A delinquent fee shall be added after the due date for each month or part thereof the fee is not paid.
16-1-10 - License Application.#
Every person required to procure a license under the provisions of this Title or any ordinance or law of the City shall submit an application for such license to the License Officer. 1.
The application shall be a written statement, upon forms provided by the License Officer, and shall include an affidavit, to be sworn by the applicant.
2.
A duplicate license or special permit shall be issued by the License Officer to replace any license previously issued, which has been lost, stolen, defaced, or destroyed, without any willful conduct on the part of the licensee, and the paying to the License Officer a fee for reissuance.
3.
The License Officer shall, upon disapproving any application submitted under the provisions of this Title, refund to the applicant all fees paid in advance, provided the applicant is not otherwise indebted to the City.
16-1-11 - License Term.#
All licenses, except temporary merchant businesses, shall be issued for a term not to exceed one (1) calendar year and shall expire at midnight on the 31st day of December in the year issued.
(Ord. 17-7-1, 7/20/2017)
16-1-12 - License Form.#
Each license issued hereunder shall state upon its face the following: 1.
The name of the licensee and any other name under which such business is to be conducted.
2.
The kind of each business so licensed.
3.
The address of each business so licensed.
4.
The amount of the license fee therefor.
5.
The dates of issuance and expiration thereof.
6.
Such information as the License Officer shall determine.
16-1-13 - Licensee Standards.#
The general standards herein set out relative to the qualifications of every applicant for a City license shall be considered and applied by the License Officer. In addition, the applicant shall meet the following requirements: 1.
The applicant shall not be in default under the provisions of this Chapter or indebted or obligated in any manner to the City except for current taxes and billing.
2.
Such business must not be for a proposed use of any premises which use is a violation of City zoning or other regulations or state or Federal laws.
16-1-14 - Licensee Responsibilities.#
Every licensee shall: 1.
Permit all reasonable inspections of his business premises by public authorities so authorized by law;
2.
Ascertain and at all times comply with all laws and regulations applicable to such licensed business;
3.
Avoid all forbidden, improper or unnecessary practices or conditions which do or may affect the public health, morals or welfare;
4.
Refrain from operating the licensed businesses on premises after the expiration of his license and during the period his license is revoked or suspended;
5.
Post and maintain such license upon the licensed premises in a place where it may be seen at all times;
6.
Not allow any license, special permit or insignia to remain posted, or displayed or used, after the period for which it was issued has expired; or when it has been suspended or revoked, or for any other reason become ineffective, but shall promptly return such inoperative license, special permit or insignia to the License Officer;
7.
Not loan, sell, give or assign, to any other person, or allow any other person to use or display, or to destroy, damage or remove, or to have in his possession, except as authorized by the License Officer or by law, any license, or insignia which has been issued to said licensee.
16-1-15 - Transfer of Licenses.#
Licenses issued under this Title shall not be transferable.
16-1-16 - Change of Business Location.#
A licensee shall have the right to change the location of the licensed business upon application, payment of a modification fee and issuance of a new license for the new location.
16-1-17 - Enforcement.#
1.
The License Officer, all police and fire officers, and all City Officials having duties to perform with reference to licenses and businesses shall have authority to conduct inspections and make all investigations of licenses, businesses and premises, as may be deemed necessary to the enforcement of these provisions.
2.
All persons authorized herein to inspect licenses and businesses shall have the authority to enter, with or without search warrants, at all reasonable times, those premises:
a.
For which a license is required,
b.
For which a license was issued and which, at the time of inspection is made, are operating under such license, and
c.
For which a license has been revoked or suspended.
3.
Persons inspecting licenses, businesses, or premises as herein authorized shall report all violations of these provisions or any law or ordinance. The License Officer shall issue to the affected person an order to comply. The order, and all other notices issued in compliance with these provisions, shall be in writing, shall be personally served and shall apprise the person affected of the specific violations. In the absence of his agent or employee, a copy of such notice shall be affixed to some structure on the premises. Depositing such notice in the United States mail shall constitute service thereof. The order shall require compliance within an appropriate period of personal service on the affected person. If the affected person fails to comply within the period specified, the License Officer shall revoke the license.
4.
Upon determination of the License Officer to revoke a license, the City shall cause written notice to be sent to the licensee. The notice shall specify the grounds for the revocation, the documentation or information the City relied on to make the decision, the availability of the documentation for review by licensee upon one (1) business day notice to the City, and the date upon which the revocation of the license shall take effect. It shall further state that the licensee shall have ten (10) business days from the receipt of the notice of revocation to appeal the same. The revocation of the license shall be effective no sooner than two (2) calendar days from the date the notice is sent. The revocation shall remain effective unless and until the order is rescinded, overturned on appeal, or determined by a court to be contrary to equity or law. Failure to appeal automatically results in revocation of the license.
5.
No civil judgment, or any act by the City Attorney, the License Officer or the violator shall bar or prevent a criminal prosecution for each and every violation of these provisions. When a person is convicted of a violation of any provision of these ordinances, any license previously issued to that person by the City may be revoked by the License Officer.
(Ord. 21-07-03, 7/15/2021)
16-1-18 - Appeal.#
A licensee whose license has been revoked shall have the right to appeal to the administrative law judge in accordance with KCC Title 2, Chapter 8. Any appeal must be submitted by either the licensee or legal counsel. The following procedures and requirements shall apply: 1.
Any appeal must be submitted in writing to the City Recorder with a copy to the license officer within twenty (20) business days of the decision from which the appeal is taken. Such appeal shall describe in detail the nature of the appeal, the action complained of, and the grounds for appeal.
2.
Upon the request of the licensee, within three (3) business days, the City will make available any information upon which it relied in making the determination to revoke the license.
(Ord. 25-11-01, § II, 11/6/2025; Ord. 26-09-02, § IV, 9/3/2026)
16-1-19 - Definitions.#
Agricultural Vendor - A person engaged in the sale of fruits and/or vegetables from stands, motor vehicles, roadsides or through door-to-door solicitation.
Alcoholic Beverage - Means and includes "beer" and "liquor" as defined herein.
Beer - Any product defined as beer in Utah Code Section 32B-1-102.
Business - Is meant to include all kinds of vocations, occupations, professions, enterprises, establishments and all other kinds of activities and matters together with all devices, machines, and appurtenances used therein, any of which are conducted for private profit, or benefit, either directly or indirectly on any premises in Kaysville City, or anywhere else within its jurisdiction.
City Council - The City Council of Kaysville City.
Insignia - Or its singular number "insignee" is any tag, plate, badge, emblem, sticker, or any other kind of device which may be required for any use in connection with any license.
License or Licensee - Shall include respectively the words "permit" or "permittee" or the holder for any use or period of time of any similar privilege, wherever relevant to any provision of this Title or other law or ordinance.
License Officer - The Kaysville City License Officer.
Licensed Premises - Any room, house, building, structure, or place occupied by any person, firm, or corporation used to transact business.
Liquor - Any liquid defined as liquor in Utah Code Section 32B-1-102.
Mechanical Amusement Device - Any machine, device or contrivance designed or intended to be operated or used for amusement or the playing of a game, whether or not registering a score, upon or in response to the payment of some type of coin, slug, token, plate, disc, or upon the payment of a consideration. Such term shall also include such devices as marble machines, pinball machines, skill balls, mechanical grab machines which yield prizes, electronic skill games of all types, and all games, operations or transactions similar hereto, however called or by whatever name may be indicated.
Nuisance - Any room, house, building, structure, place or licensed premise in which: a.
Alcoholic beverages are manufactured, sold, kept, bartered, stored, given away or used, or where persons resort for drinking alcoholic beverages contrary to the Utah Alcoholic Beverage Control Act or contrary to the provisions of this Title;
b.
Intoxicated persons are permitted to loiter about and profane, indecent, immoral, loud or boisterous language or immoral or lewd conduct is permitted, or carried on;
c.
Minors are permitted to purchase or drink beer or enter upon or loiter about licensed premises or are employed therein;
d.
Laws or ordinances are violated by licensee or his agents, or patrons who tend to affect the public health, peace, or morals are permitted upon such premises with the consent or knowledge of the licensee.
Pawnbroker - Any person who loans money on deposit of personal property or deals in the purchase or possession of personal property on condition of selling the same back again to the pledger or depositor or who loans or advances money on personal property by taking chattel mortgage security thereon and takes or receives such personal property in his possession.
Person - Is meant to include individual natural persons, partnerships, joint adventures, societies, associations, clubs, trustees, trusts, or corporations; or any officers, agents or employees, factors, or any kind of personal representative of any thereof in any capacity, acting either for themself or for any other person, under either personal appointment or pursuant to law.
Premises - Is meant to include all lands, structures, places, and also the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to or is otherwise used in connection with any such business conducted on such premises.
Retailer - Any person engaged in the sale or distribution of any good or service.
Secondary Business - Means a nail technician, hair stylist, or massage therapist or similar type of businesses that use space of a similar (primary) business.
Sell or To Sell - Shall mean to solicit or receive an order for; to keep or expose for sale; to deliver for value or gratuitously; to peddle; to possess with intent to sell; to traffic in; for any consideration, promised or obtained; to procure or allow to be procured for any other person, whether directly, indirectly or under any pretext or by any means whatsoever, and when so used, shall include every act of selling as above defined.
Solicitor - Any person selling, offering for sale or taking orders for merchandise door-to-door within the City. Merchandise shall include goods, foods, wares, photographs, subscriptions to any kind of publications, tickets, coupons or receipts representing value, sellers of magazines, cosmetics, home care products, etc., and any other person engaged in direct sales; but specifically excludes newspaper carriers.
Temporary Merchant - Any person who offers for sale at wholesale or retail any service, good, wares or merchandise in or from any motel, stall, tent, building, structure, motor vehicle, field, corner, or other place in the City and who shall not occupy said place for the purpose of conducting business thereon or therein for a period of more than one hundred eighty (180) consecutive days in any calendar year.
Vending Kiosk - Any card operated, self-contained, permanent or semi-permanent structure containing a machine which dispenses and receives rental items.
Vending Machine - Any coin and/or card operated machine that dispenses merchandise items such as food, drink, toys, gum, candy, etc.
(Ord. 21-07-03, 7/15/2021)