Chapter 8 - BUSINESSES AND BUSINESS REGULATIONS

ARTICLE I. - IN GENERAL#

Secs. 8-1—8-18. - Reserved.#

ARTICLE II. - BUSINESS LICENSE#

DIVISION 1. - GENERALLY#

Sec. 8-19. - Definitions.#

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

Business means and includes all enterprises engaged within the town carried on for the purpose of gain or economic profit. The acts of employees rendering service to employers shall not be included in the term "business" unless otherwise specifically provided. The term "business" includes any trade, profession, calling, activity, operation or enterprise for which a license is required by any ordinance of the town.

Each separate place of business means each separate establishment or place of operation, whether or not operating under the same name, within the town, including a home or other place of lodging if the same is held out by advertisements, listings or otherwise as the establishment or place of operation of a person engaging in the business of selling tangible, personal property at either retail or wholesale, or both, in the town.

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 and also any salesman, agent or independent contractor engaged in the operation of the place of business in any capacity.

Engaging in business includes, but is not limited to, the sale of tangible personal property at retail or wholesale, the manufacturing of goods or property and the rendering of personal services for others for a consideration by persons engaged in any profession, trade, craft, business, occupation or other calling, except the rendering of personal services by an employee to his employer under any contract of personal employment.

License includes any certificate or license issued by the town.

Place of business means each separate location maintained or operated by the licensee within the town from which business activity is conducted or transacted.

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

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

(Code 1981, §§ 1-1005(G), (H), 9-111)

Sec. 8-20. - License assessor and collector.#

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

(Code 1981, § 9-113)

Sec. 8-21. - Branch establishments.#

A separate license must be obtained for each separate place of business in the town. 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. Warehouses and distributing places used in connection with or incident to a business licensed under this chapter shall not be deemed to be separate places of business or branch establishments.

(Code 1981, § 9-121)

Sec. 8-22. - Two or more businesses in one location.#

(a)

Whenever any person is engaged in two or more businesses at the same location within the town, such person shall be required to obtain separate licenses for conducting each of such businesses.

(b)

Where two or more persons conduct separate businesses at the same location, each such person shall obtain a license for such business and pay the required license fee for such business.

(Code 1981, § 9-122)

Sec. 8-23. - Reciprocal recognition of licenses.#

(a)

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

(1)

Such vehicle is merely passing through the town; or

(2)

Such vehicle is used exclusively in intercity or interstate commerce.

(b)

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

(1)

Such person's business is at the time of such delivery licensed by the state, town or county in which such place of business is situated;

(2)

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

(3)

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

(4)

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

(c)

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

(Code 1981, § 9-123)

Sec. 8-24. - Exemptions to license.#

(a)

No license fee shall be imposed on any person engaged in business for solely religious, charitable, eleemosynary or other types of strictly non-profit purpose which is tax exempt in such activities under the laws of the United States and the state. Nor shall any license fee be imposed on any person engaged in a business specifically exempted from municipal taxation and fees by the laws of the United States or the state. Nor shall any license fee be imposed upon any person not maintaining a place of business within the town who has paid a like or similar license tax or fee to some other taxing unit within the state and which taxing unity exempts from its license tax or fee, by reciprocal agreement or otherwise, businesses domiciled in the town and doing business in such taxing unit.

(b)

The license assessor and collector may, with approval of the town council, enter into reciprocal agreements with the proper officials of other taxing units as may be deemed equitable and proper in effecting the exemption provided for in subsection (a) of this section.

(Code 1981, § 9-124)

Sec. 8-25. - Fee not to constitute undue burden on interstate commerce.#

No license fees shall be applied as to cause an undue burden on interstate commerce. In any case where a license tax is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the license assessor and collector for an adjustment of the tax so that it shall not be discriminatory, unreasonable or unfair to such commerce. Such application may be made before, at or within six months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the license assessor and collector may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The license assessor and collector shall then conduct an investigation, comparing the applicant's business with other businesses of like nature and shall make findings of facts from which he shall determine whether the fee is discriminatory, unreasonable or unfair as to the applicant's business and shall recommend to the town council a license tax for the applicant in an amount that is nondiscriminatory, reasonable and fair. If the town council is satisfied that such license fee is the amount that the applicant should pay, it shall fix the license fee in such amount. If the regular license tax has already been paid, the town council shall order a refund of the amount over and above the tax fixed by the town council. In fixing the fee to be charged, the license assessor and collector shall have the power to base the fee upon a percentage of gross sales, or employees, or may use any other method which will ensure that the fee assessed shall be uniform with that assessed on businesses of like nature.

(Code 1981, § 9-125)

Sec. 8-26. - Business license annual fees.#

The schedule of license fees is on file in the clerk/recorder's office.

(Code 1981, § 9-125)

Secs. 8-27—8-55. - Reserved.#

DIVISION 2. - REQUIREMENTS#

Sec. 8-56. - Business license required.#

It shall be a Class B misdemeanor for any person to transact, engage in or carry on any business, trade, profession, calling or to operate a vending, pinball or coin-operated machine business without first receiving the class or type of license required by the town.

(Code 1981, § 9-112)

Sec. 8-57. - Applications for license.#

(a)

All applications for license shall include:

(1)

The date, name and address of the person desiring a license;

(2)

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

(3)

The class of license desired, if such licenses are divided into classes and proof of such applicant's compliance or qualifications under applicable state regulatory laws;

(4)

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

(5)

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

(b)

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

(Code 1981, § 9-116)

Sec. 8-58. - License fee payment dates.#

All license fees shall be due and payable as follows, except as may be otherwise provided by applicable ordinance: (1)

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

(2)

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

(3)

One-half of the annual fee shall be payable for all licenses issued by the town pursuant to applications made after July 1 of each year. Licenses issued after July 1 shall expire on the following January 1. Payment shall be due upon the date of application approval.

(Code 1981, § 9-114)

Sec. 8-59. - Penalty for late payment.#

If any license fee is not paid within 30 days of the due date, a penalty of ten percent of the amount of such license fee shall be added to the original amount thereof. No license shall be issued until all penalties legally assessed have been paid in full.

(Code 1981, § 9-115)

Sec. 8-60. - Certificate.#

All certificates of license shall be signed by the mayor and attested by the clerk/recorder, and shall contain the following information: (1)

The name of the person to whom such certificate has been issued;

(2)

The amount paid;

(3)

The type of license and the class of such license if licenses are divided into classes;

(4)

The term of the license with the commencing date and the date of its expiration; and

(5)

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

(Code 1981, § 9-117)

Sec. 8-61. - Display.#

(a)

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

(b)

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

(Code 1981, § 9-118)

Sec. 8-62. - Transfer of license prohibited.#

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

(Code 1981, § 9-119)

Secs. 8-63—8-82. - Reserved.#

DIVISION 3. - REVOCATION OR DENIAL OF LICENSE#

Sec. 8-83. - Grounds for revocation or denial.#

Any license issued pursuant to the provisions of this Code or of any town ordinance may be revoked and any application denied by the town council because of: (1)

The failure of the licensee or applicant to comply with the conditions and requirements of this Code or any ordinance of the town; or

(2)

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

(Code 1981, § 9-120(A))

Sec. 8-84. - Revocation or denial of a license or renewal.#

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

(Code 1981, § 9-120(B))

Sec. 8-85. - Notice; opportunity to be heard.#

The notice and opportunity to be heard are also provided when an application for initial license is denied.

(Code 1981, § 9-120(C))

Secs. 8-86—8-113. - Reserved.#

ARTICLE III. - ALCOHOLIC BEVERAGES#

Footnotes:

--- (1) --- State Law reference— Alcoholic Beverage Control Act, U.C.A. 1953, § 32B-1-101 et seq.; authority to tax and license or prohibit the retail sale of beer, U.C.A. 1953, § 32B-7-201.

DIVISION 1. - GENERALLY#

Sec. 8-114. - Definitions.#

The words and phrases used in this article shall have the meanings specified in the Utah Alcoholic Beverage Control Act unless a different meaning is clearly evident.

(Code 1981, § 9-412)

State Law reference— Definitions, U.C.A. 1953, § 32B-1-102.

Sec. 8-115. - Purchase of beer for resale.#

It is a Class B misdemeanor for any licensee to purchase, acquire or to have or possess for the purpose of sale or distribution any beer except that which he shall have lawfully purchased from a brewer or wholesaler licensed under the provisions of the Utah Alcoholic Beverage Control Act.

(Code 1981, § 9-416)

Secs. 8-116—8-143. - Reserved.#

DIVISION 2. - LICENSE#

Sec. 8-144. - License to sell beer at retail.#

(a)

It shall be a Class B misdemeanor for any person to engage in the business of selling beer at retail, in bottles or draft, without first having procured a license therefor from the town council and paid the license fee required by this article.

(b)

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

(c)

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

(Code 1981, § 9-411)

Sec. 8-145. - Retail licenses.#

Retail licenses issued hereunder shall be of the following three kinds and shall carry the following privileges and be known as Class "A," Class "B," Class "C" and "seasonal licenses." (1)

Class "A" retail licenses shall entitle the licensee to sell beer on the premises licensed in original containers for consumption off the premises in accordance with the Utah Alcoholic Beverage Control Act (U.C.A. 1953, § 32B-1-101 et seq.) and town ordinances.

(2)

Class "B" retail licenses shall entitle the licensee to sell beer in the original containers on the premises for consumption on or off the premises in accordance with the Utah Alcoholic Beverage Control Act (U.C.A. 1953, § 32B-1-101 et seq.) and town ordinances.

(3)

Class "C" licenses for retail shall entitle the licensee to sell draft beer for consumption on or off the premises and to sell beer in accordance with the Utah Alcoholic Beverage Control Act and town ordinances.

(4)

"Seasonal licenses" of any class may be issued for a period of time as provided in U.C.A. 1953, § 32B-5-206, which period shall be determined by the town council.

(Code 1981, § 9-413)

State Law reference— Class "A" retail license for off-premises consumption, U.C.A. 1953, § 32B-1-201 et seq.; Class "B" retail license for on-premises consumption, U.C.A. 1953, § 32B-6-701 et seq.; seasonal retail license, U.C.A. 1953, § 32B-5-206.

Sec. 8-146. - Beer license.#

In addition to any other business license which any person or place of business may be required to obtain, there is hereby imposed on the business location of every person engaged in the sale or dispensing of beer the annual license which is required in the schedule of fees, rates and charges on file in the clerk/recorder's office.

(Code 1981, § 9-414)

Sec. 8-147. - License fees to accompany application.#

Applications provided for in this article shall be accompanied by the fees provided in this article. The fee shall be returned to the applicant if the application is denied.

(Code 1981, § 9-415)

Sec. 8-148. - Application for license.#

(a)

All applications for licenses authorized by this article shall be completed and verified and shall be filed with the clerk/recorder. The applications must state the applicant's name in full and that he understands and has read and complied with the requirements and possesses the qualifications specified in the Alcoholic Beverage Control Act (U.C.A. 1953, § 32B-1-101 et seq.) and this article. If the applicant is a copartnership, the names and addresses of all partners, and, if a corporation, the names and addresses of all officers and directors, must be stated.

(b)

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

(Code 1981, § 9-417)

Sec. 8-149. - Renewals.#

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

(Code 1981, § 9-419)

Sec. 8-150. - Qualifications.#

No license shall be granted to any retailer to sell beer within the town unless he shall be of good moral character, over the age of 21 years and a citizen of the United States. A license will not be sold to anyone who has been convicted of a felony or of any violation of any state law or provision of town ordinances relating to intoxicating liquors, or to anyone keeping a gambling or disorderly house, anyone who has pleaded guilty to or has forfeited his bail on a charge of having committed a felony or of having violated any such law or ordinance, to any partnership, any member of which lacks any of the qualifications set forth in this section, or to any corporation, of which any director or officer lacks any such qualifications.

(Code 1981, § 9-420)

Sec. 8-151. - Bond required.#

No license required by this article shall be granted by the town council until the applicant shall have filed with the clerk/recorder a bond in a sum and as required by U.C.A. 1953, § 32B-5-204. The bond shall be made in favor of the town.

(Code 1981, § 9-421)

Sec. 8-152. - Department of health permit.#

No license under this article shall be issued until the applicant therefor shall have first procured from the town department of health a permit which shall show that the premises to be licensed are in a sanitary condition and that the equipment used in the storage, distribution or sale of light beer complies with all the health regulations of the town and the state.

(Code 1981, § 9-422)

Sec. 8-153. - Transfer of license.#

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

(Code 1981, § 9-423)

Secs. 8-154—8-174. - Reserved.#

DIVISION 3. - REGULATIONS AND REQUIREMENTS#

Sec. 8-175. - Restrictions.#

(a)

It is unlawful for any person to sell beer at any public dance or to any person intoxicated or under the influence of any intoxicating beverage. It is unlawful for any person to sell beer in any dance hall or theater and a license to sell beer shall not be granted to any person to sell beer at any business or premises where gasoline for the use in motor vehicles is sold.

(b)

No license shall be granted to sell beer in any dance hall or theater.

(c)

It shall be unlawful to sell beer to any person under the age of 21 years, to sell beer for consumption on the premises unless so licensed, or to permit the drinking of liquor on such premises.

(d)

It shall be unlawful to sell or otherwise furnish or dispose of beer, allow it to be drunk or consumed on the premises or to allow beer out of original containers to remain on the licensed premises, whether or not open to the public, after the closing hour of 12:00 midnight and before 6:00 a.m. of any day except that the closing hour on the day following December 31 of any year shall be 1:00 a.m.

(e)

Any person having a Class "B" or "C" beer license, or his agents or employees, shall remove or cause to be removed from the licensed premises all patrons, customers or individuals not employed on the premises by the time stated in subsection (d) of this section.

(f)

It shall be unlawful for any person having a Class "B or "C" beer license or for his agents or employees to permit any patron, customer or individual not employed on the premises to remain on such premises after the closing time provided in subsection (d) of this section; provided, however, no licensed premises may employ more than two persons on the premises after the closing hour without the permission of the town marshal/chief of police or the mayor.

(g)

Licensed premises shall be kept brightly illuminated at all times while it is occupied or open for business, and no booth or kind of stall shall be maintained unless all tables, chairs and occupants are kept open to full view from the main floor and the entrance of such licensed premises. It shall be unlawful to advertise the sale of beer except under such regulations as are made by the state liquor control commission, provided that a simple designation of the fact that beer is sold under town license may be placed in or upon the window or front of the licensed premises.

(h)

It shall be unlawful for any person to sell beer except in the manner for which he has been so licensed pursuant to the provisions of this article.

(i)

It shall be unlawful to keep or maintain a nuisance as defined in this article.

(Code 1981, § 9-424)

Sec. 8-176. - Sunday sales prohibited.#

It shall be unlawful for any person having a license for the sale of beer to sell, barter, distribute, give away, exchange, dispense or serve beer on Sunday.

(Code 1981, § 9-425)

Sec. 8-177. - Inspection.#

(a)

All licensed premises shall be subject to inspection by any officer, agent or peace officer of the town, the liquor control commission, or the state board of health, and every licensee shall, at the request of the board of health, furnish to it samples of beer which he shall have for sale.

(b)

Any license granted pursuant to this article may be revoked on a finding by the town council that the licensee has had ten days' or more notice from the board of health that the licensee is violating one or more health ordinances, rules or regulations of the town or of the state division of health and has failed to comply with such health ordinance, rule or regulation.

(c)

The town council may direct the town marshal/chief of police to close down any business licensed under this article where the board of health has determined that continued operation of the business presents an imminent danger to the health of the community or persons who may eat or drink at the business.

(Code 1981, § 9-426)

Sec. 8-178. - Revocation or suspension.#

(a)

The town council may, after a hearing, revoke or suspend any beer license on a finding that the licensee or his officers, agents or employees have violated any provision of this article or any ordinance of the town whether now or hereafter enacted which in any way related to the operation of the business or the safety of the public.

(b)

A hearing may be requested by any person:

(1)

That is denied or refused a beer license by any officer, agent or employee of the town.

(2)

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

(c)

The request for hearing must be made in writing to the mayor or clerk/recorder and made within 30 days following the date of notice denying, refusing, revoking, qualifying, restricting or revoking the beer license is mailed by the town to the applicant or license holder at his address as it appears on the application or license.

(d)

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

(e)

This article shall not be constructed so as to afford any aggrieved party more than one hearing before the town council nor shall the hearing provided in this article apply to any criminal complaint or proceeding.

(Code 1981, § 9-427)

Secs. 8-179—8-209. - Reserved.#

ARTICLE IV. - SOLICITORS, CANVASSERS, PEDDLERS, AND ITINERANT MERCHANTS#

DIVISION 1. - GENERALLY#

Sec. 8-210. - Definitions.#

Canvasser or solicitor means any individual, whether or not a resident of the town, traveling either by foot, wagon, motor vehicle, or other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for the sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale, or whether he is collecting advance payments on such sales, provided that the term "canvasser" or "solicitor" shall include any person who, for himself, or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, hotel or motel room, lodginghouse, apartment, shop or any other place within the town for the sole purpose of exhibiting samples and taking orders for future delivery.

Peddler includes any person, whether or not a resident of the town, traveling by foot, wagon, motor vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying, or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, motor vehicle, railroad car, or other vehicle or conveyance, and further provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as part of a scheme or design to evade the provisions of this article shall be deemed a peddler subject to the provisions of this article. The term "peddler" shall include the words "hawker" and "huckster."

Transient merchant, itinerant merchant or itinerant vendor means any person, firm or corporation, whether as owner, agent, co-signee or employee, whether or not a resident of the town, who engages in a temporary business of selling and delivering goods, wares and merchandise within the town and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, public room in any hotel, motel, lodginghouse, apartment, shop or any street, alley or other place within the town, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of this article merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer.

(Code 1981, § 9-452)

Sec. 8-211. - Purchase of beer for resale.#

It is a Class B misdemeanor for any licensee to purchase or acquire or to have or possess for the purpose of sale or distribution any beer except that which he shall have lawfully purchased from a brewer or wholesaler licensed under the provisions of the Alcoholic Beverage Control Act.

Secs. 8-212—8-230. - Reserved.#

DIVISION 2. - LICENSE#

Sec. 8-231. - Required.#

It shall be unlawful for: (1)

A transient merchant, itinerant merchant or itinerant vendor to engage in such business without first obtaining a license therefor in compliance with the provisions of this article.

(2)

Any person to engage in the business of peddler without first obtaining a permit and license therefor as provided in this article.

(3)

Any solicitor or canvasser to engage in such business without first obtaining a permit and license therefor in compliance with the provisions of this article.

(Code 1981, § 9-451)

Sec. 8-232. - Application.#

(a)

Applicants for permits and licenses under this article shall file an application in writing signed by the applicant if an individual, by all partners if a partnership, and by the president if a corporation or by an agent, including a state or regional agent, with the clerk/recorder which shall give the following information:

(1)

The name of the applicant and, if the applicant is an employee or agent of a corporation, the name of the corporation;

(2)

The address of the applicant and, if the applicant is an agent or employee of a corporation, the address of the corporation;

(3)

A brief description of the nature of the business, the goods to be sold and from whom or where the applicant obtains the goods to be sold;

(4)

If the applicant is employed by or an agent of another person, the name and permanent address of such other person;

(5)

The length of time for which the applicant desires to engage in business within the town;

(6)

The places within the town where the applicant proposes to carry on his or her business;

(7)

A list of the other municipalities in which the applicant has engaged in business within the six-month period preceding the date of the application;

(8)

A photograph of the applicant, taken within six months immediately prior to the date of filing the application, which photograph shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;

(9)

A statement as to whether or not the applicant, or any of his employers, have been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor;

(10)

If the applicant desires to sell fresh vegetables, fruits, meats, or other foodstuffs, a statement by a reputable physician of the state, dated not more than ten days prior to submission of the application, certifying the applicant to be free of infectious, contagious, or communicable diseases; and

(11)

If the applicant is employed by another person, firm or corporation, documents showing that the person, firm or corporation for which the applicant proposes to do business is authorized to do business within the state.

(b)

At the time of filing the application, a fee which is on file in the clerk/recorder's office shall be deposited with the clerk/recorder.

(Code 1981, § 9-453)

Sec. 8-233. - Investigation and issuance of license.#

(a)

On receiving the application, the clerk/recorder shall refer it to the town marshal/chief of police who shall cause such investigation of the applicant's business and moral character to be made as he deems reasonable and necessary for the protection of the public good.

(b)

If, as a result of the investigation, the applicant's character or business responsibility is found to be unsatisfactory, the town marshal/chief of police shall endorse such upon the application together with a statement of his reasons therefor and return the application to the clerk/recorder who shall notify the applicant that his application has been disapproved and that no permit and license will be issued.

(c)

If, as a result of such investigation, the character and business responsibility of the applicant is found to be satisfactory, the town marshal/chief of police shall endorse such upon the application and return it to the clerk/recorder who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signature of the issuing officer and shall show the name, address and photograph of the licensee and the kind of goods to be sold pursuant to the application together with an expiration date.

(Code 1981, § 9-454)

Sec. 8-234. - Fees.#

(a)

The license fee which shall be charged by the clerk/recorder for any license issued pursuant to this article shall be on file in the clerk/recorder's office.

(b)

None of the license fees provided for by this article shall be applied so as to engage an undue burden upon interstate commerce. In any case where a license fee is believed by the licensee or applicant for license to place an undue burden upon interstate commerce, he or she may apply to the mayor for an adjustment of the fee so that it will not be discriminatory, unreasonable or unfair to interstate commerce. Such application may be made before, at or within six months after paying the prescribed license fee.

(Code 1981, § 9-455)

Sec. 8-235. - Badges; license revocation and expiration; appeal.#

(a)

The clerk/recorder shall issue to each licensee at the time of delivery of his license a badge which shall contain the words "licensed solicitor," "licensed transient merchant," or "licensed peddler" as the case may be, for which the application was made and the license issued, and the number of the license in letters and figures easily discernible from a distance of five feet. Such badge shall, during the time peddlers or solicitors are engaged in the business for which they are licensed, be worn constantly by them on the front of their outer garment in such a way as to be conspicuous.

(b)

Any person licensed pursuant to this article shall exhibit their license at the request of any citizen of the town.

(c)

It shall be the duty of any police officer of the town to require any person seen soliciting, canvassing or peddling, who is not known by such officer to be duly licensed, to produce his or her license. Such officer shall enforce the provisions of this article.

(d)

Revocation of licenses.

(1)

Permits and licenses issued pursuant to this article may be revoked by the town marshal/chief of police or the clerk/recorder, after notice and hearing, for any of the following causes:

a.

Fraud, misrepresentation or a false statement contained in the application for the license;

b.

Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor or canvasser;

c.

Any violation of this article;

d.

Conviction of any crime or misdemeanor involving moral turpitude; or

e.

Conducting the business of soliciting or canvassing in an unlawful manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

(2)

Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address or at the address shown on his application. The hearing and notice shall in all other aspects substantially comply with section 1-31.

(e)

Any person aggrieved by the action of the town marshal/chief of police or the clerk/recorder in the denial of a permit or a license issued pursuant to this article, or by the action of the town council, may appeal such action. Such appeal of the action of the town marshal/chief of police or the clerk/recorder shall be taken by filing with the town council within 14 days after notice of the action complained of has been mailed to such person's last known address or address on the business application a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for the hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided in subsection (d) of this section.

(f)

All licenses issued pursuant to this article shall expire on the date specified on the license.

(Code 1981, § 9-456)

Sec. 8-236. - Additional requirements.#

This article shall not be construed so as to waive the provisions and requirements of any other ordinance of the town and the requirements and fees required herein shall be in addition to any other requirements and fees of any other town ordinance.

(Code 1981, § 9-457)

Sec. 8-237. - Exceptions.#

The provisions of this article shall not apply to any individual who is, at the time he is engaged in any activity which would otherwise require licensing by this article, engaged in an activity which is authorized by any church or charity which has a permanent structure located within the state, provided such church or charity has had such permanent structure for at least six months prior to the date when the individuals engaged in the activity which would otherwise require licensing by this article.

(Code 1981, § 9-458)