The text
3-1-1: - DEFINITIONS:#
For the purposes of this title, the following terms shall have the meanings herein prescribed:
BUSINESS: Means and includes all activities engaged in within the corporate limits of Riverdale carried on for the purpose of gain or economic profit, except that the acts of employees rendering service to employers shall not be included in the term business, unless otherwise specifically prescribed.
ENGAGING IN BUSINESS: Includes, but is not limited to, the sale of tangible personal property and the rendering of personal services for others for a consideration by persons engaged in any craft, business, occupation or other calling, except the rendering of personal services by an employee to his employer under any contract of personal employment. "Engaging in business" shall also include the renting by a lessor of space, whether enclosed or not, to be used as office space for any use or endeavor, including, but not limited to, commercial, medical, dental or other professional activities. Exemptions include federal, state, county and local government agencies and nonprofit organizations with 501(c)(3) status.
PERSON: Any individual, receiver, assignee, trustee in bankruptcy, trust, estate, firm, copartnership, joint venture, club, company, joint stock company, business trust, corporation, association, society or other group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise.
(Ord. 835, 4-16-2013)
3-1-2: - ADMINISTRATION:#
A.
License Assessor: The community development director, or the designee, as approved by resolution of the city council, is hereby appointed the license assessor. The license assessor, or the approved designee, shall have business license application approval authority, with the exception of liquor licenses as stipulated in section 3-2-3 of this title, and shall have the same powers as granted to license inspectors as provided in subsection B of this section. The city recorder is hereby designated as the city employee who shall, upon approval of the license application, sign and ensure delivery of the appropriate city business license.
B.
License Inspectors: All police officers of this city and the building inspector, or the building inspector's designee, as approved by resolution of the city council, are hereby appointed license inspectors and shall have and exercise the following powers and duties:
1.
To enter, free of charge, at any reasonable time, any place of business and to demand the exhibition of its business license for the current term from any person engaged or employed in the transaction of such business.
2.
To examine all places of business where a license is required and to determine that at such place of business, no business other than the one described in and covered by the license, is transacted.
3.
To report to the City Administrator all persons doing business without a proper and valid license for such business, to issue citations in accordance with the provisions of this title, or to take other appropriate action as directed by the City Council.
(Ord. 662, 8-1-2006; Ord. 854, 5-6-2014)
3-1-3: - LICENSE REQUIRED; STATE SALES TAX NUMBER:#
It is unlawful for any person to engage in business within Riverdale City without first procuring the license required by this chapter. All persons doing business in Riverdale City which are required to have a State Sales Tax number shall report to the Utah State Tax Commission that Riverdale City is the point of sale. Said persons or entities doing business in Riverdale City shall provide to the City a copy of the State certificate listing the appropriate Riverdale City point of sale code as a prerequisite to receiving a Riverdale City business license.
(Ord. 586, 3-21-2001)
3-1-4: - APPLICATION:#
All applications for licenses shall be made in writing to the license assessor and shall include a copy of the Sales Tax certificate as required in section 3-1-3 of this chapter. The application shall show: A.
The name of the person or persons desiring a license.
B.
The name of the business.
C.
The kind of license desired, stating the business, calling, trade or profession to be performed, practiced or carried on.
D.
The place where such business, calling, trade or profession is to be carried on, giving the street number, if such business, calling, trade or profession is to be carried on in any building or enclosure.
E.
The application shall also state any other matter or thing required by ordinance, statute or the license assessor.
F.
Any business license application not finalized within ninety (90) days from the date of submission shall expire and a new application shall then be required for that year. The original application fee shall be non-refundable.
(Ord. 906, 2-19-2019)
3-1-5: - FEE FOR LICENSE:#
A.
Levied: There is hereby levied upon every person engaging in business in the City, a license fee.
B.
Change of Fee Schedule by Resolution: The City Council is hereby empowered to change, modify or amend the City business license fee schedule, as set forth in section 1-12-2 of this Code, by resolution duly presented and voted upon by said Council. Said change, modification or amendment by resolution may reflect changes, modifications or amendments to dollar amounts levied as business license fees and/or additions or deletions to the list of regulated businesses which constitutes the City business license fee schedule.
C.
License Fee Additional to All Other Licenses and Taxes: The license fee imposed by this chapter shall be in addition to any and all other taxes or licenses imposed by any other provisions of the ordinances of this City.
D.
License Fee Declared Debt: Any license fee due and unpaid under this chapter and all penalties thereon shall constitute a debt to the City and shall be collected by court proceedings in the same manner as any other debt in like amount. This remedy shall be in addition to all other existing remedies.
E.
Exemptions to License Fee Requirements: No license fee shall be imposed under this chapter upon any organization or person engaged in business for solely religious, charitable, or other strictly nonprofit purpose if that organization or person's activities are tax exempt 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. Also exempt from business license fees are any Federal, State, County or local government agencies. Upon the written request of a majority of the members of the City Council filed with the City Recorder, any license provided for in this chapter shall be issued free of charge to any person suffering from any physical or mental disability or who is of such an age that they are incapable of performing manual labor, or any poor person dependent on their own efforts for support.
F.
Fee Not to Constitute Undue Burden on Interstate Commerce; Nor Be Unfair:
1.
None of the license fees provided for by this chapter shall be applied so as to be an undue burden on interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon interstate commerce, he may apply to the license assessor for an adjustment of the fee, so that it shall not be discriminatory, unreasonable or unfair as to such commerce. This application must be made before, at or within six (6) months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his business and the gross volume or estimated gross volume of his business and such other information as the license assessor and collector may deem necessary in order to determine the extent, if any, of the undue burden on interstate commerce.
2.
The license assessor shall then conduct an investigation, comparing applicant's business with other businesses of like nature and shall make findings of fact from which he shall determine whether the fee fixed by this chapter is discriminatory, unreasonable or unfair as to applicant's business or if it constitutes an undue burden on interstate commerce. The license assessor shall recommend to the city council a license fee for the applicant in an amount that is nondiscriminatory, reasonable and fair, and that does not unduly burden interstate commerce. If the city council is satisfied that such license fee is the amount that the applicant should pay, it shall fix the license fee in such amount. If the regular license fee has already been paid, the city council shall order a refund of the amount paid that is over and above the fee fixed by the city council. In fixing the fee to be charged, the license assessor shall have the power to base the fee upon the provisions set forth in Utah Code Annotated section 10-1-203, or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature; provided, however, that the amount assessed shall not exceed the fee prescribed in section 1-12-2 of this code.
(1985 Code § 11-1-14; amd. 2001 Code; Ord. 835, 4-16-2013)
3-1-6: - LICENSE PERIOD; DELINQUENT DATE; PENALTY:#
A.
Probationary Period: All licenses issued as provided in this chapter for the first time to a person who commences a business within the city, shall be issued for a period of six (6) months. This shall be a probationary period. Upon expiration of this period, the license shall be automatically renewed for the remainder of the calendar year in which the six (6) month period expires; provided, that if the licensee has committed or omitted to do any act that constitutes grounds for revocation of a business license as set forth in section 3-1-12 of this chapter, the license shall be subject to revocation and nonreinstatement as provided in section 3-1-12 of this chapter.
B.
Term; Fee Due and Payable: Except as provided in subsection A of this section, all licenses issued shall be for a calendar year. All license fees that are imposed by this chapter, except the initial license fee, shall be due and payable on or before February 15. In the event the fee is not paid on or before that date, a penalty of twenty-five percent (25%) of the amount due shall be imposed and shall become a part of the license fee levied by this chapter.
C.
Final Notice; Remedy: On March 1 of each year, a final notice shall be sent to all licensees whose annual license fee remains unpaid. This notice shall state that unless the fee and any accrued penalties are paid by March 15, legal action will be initiated by the city attorney for engaging in business without a valid business license.
(1985 Code § 11-1-8)
3-1-7: - CONDUCTING BUSINESS FROM VEHICLE, PORTABLE STRUCTURES:#
A.
Vehicle: No business license shall be issued for any business to be conducted at a fixed location to which customers are invited where such business is conducted, in whole or in part, from an automobile, truck, van, trailer, mobile home, motor home or other vehicle on wheels with or without its own motive power, at any location within this city, except in the following cases:
1.
Temporarily during bona fide construction of a permanent building; or
2.
In connection with a duly licensed carnival; or
3.
As an authorized concession stand at public functions; or
4.
In connection with a city licensed and permanent Riverdale City business' sale of merchandise, which is a part of the business' regular inventory; all sales shall be made by employees of the permanent business and all sales shall be through the permanent business' register. Any sale permitted pursuant to this exception is limited to no longer than three (3) consecutive days, and requires approval of the community development director or his/her designee prior to vehicle setup; or
5.
In connection with a city licensed, permanent, on site financial lending institution that sponsors the temporary sales of vehicles from the site of the lending institution and limited to no longer than three (3) consecutive days.
B.
Tent or Table: No business shall be transacted from a tent, table or other portable structure, unless otherwise specifically provided for in this code, or unless the following requirements are met to the satisfaction of the license assessor:
1.
No tent, table or other portable structure shall restrict the flow of either pedestrian or vehicle traffic.
2.
No tent, table or other portable structure shall be set up for more than five (5) consecutive days, or as approved by the license assessor.
3.
No tent, table or other portable structure shall be utilized by a business, nor on behalf of a business, for more than three (3) times in any calendar year.
4.
Tents, tables and other portable structures may be used to sell only merchandise that is part of the regular inventory of a business licensed, and which is doing business from a permanent structure, in the city 1 .
5.
No tent may be used for temporary or seasonal sales such as fireworks or Christmas trees.
6.
Licensed businesses desiring to utilize a tent, table or other portable structure for the sale of their merchandise shall, prior to setting up said tent, table or other portable structure, notify and receive approval from the license assessor or his appointed designee.
7.
No tent, table or other portable structure shall be used in connection with the authorized sale, if any, of merchandise along side of any motorized or nonmotorized vehicles or other apparatus with wheels thereon.
1 Cross reference—See also section 3-1-9 of this chapter.
(1985 Code § 11-1-18.1; Ord. 631, 12-2-2003; Ord. 831, 2-5-2013)
3-1-8: - VACANT LOTS, PARKING LOTS OR AREAS FOR USED VEHICLE LOTS:#
A.
Prohibited; Exceptions: In an area zoned for commercial or manufacturing uses, it shall be unlawful for the owner of a motor vehicle, trailer or boat, or for any other person to allow such motor vehicle, trailer or boat, to park on a vacant lot or parking lot or parking area owned by another person for the purpose of displaying it for sale unless the owner or lessee of the property on which it is parked has a city business license to engage in the business of selling motor vehicles, trailers or boats at that location. It shall also be unlawful for the owner or lessee of such property to allow another person to park a motor vehicle, trailer or boat on the property for the purpose of displaying it for sale unless the owner or lessee is duly licensed to engage in the business of selling motor vehicles, trailers or boats at that location.
1.
However, the provisions of this subsection shall not apply to city dealers who are licensed and bonded by the state and who already have a city business license permitting them to engage in the business of selling motor vehicles, trailers or boats. Neither shall this subsection apply to other dealers licensed and bonded by the state who get a city temporary business license approved by the city council.
2.
In the event such other dealer applies for a city temporary business license and its approval is reasonably necessary before the next regularly scheduled city council meeting, the community development director may approve such temporary business license after consultation with other appropriate city officials when in his judgment such approval is justified.
B.
Nuisance Declared; Notice of Removal: Any vehicle parked in violation of this section is declared to be a public nuisance. A notice of violation shall be placed upon the vehicle and if the vehicle is not removed within twenty-four (24) hours thereafter, if the property owner or lessee does not have a current city business license authorizing him to engage in the business of selling motor vehicles, trailers or boats at that location, the vehicle may be impounded as a nuisance to be released to the owner or responsible party only after the police department has received a receipt for the same acknowledging responsibility of that person for the item being unlawfully parked. Impoundments under this section shall be accomplished in accordance with the provisions and procedures outlined under title 6, chapter 3 of this code.
(1985 Code § 11-1-19; Ord. 815, 9-25-2012; Ord. 854, 5-6-2014)
3-1-9: - SELLING ITEMS NOT ORDINARILY IN INVENTORY:#
All persons engaging in business in the city who desire to sell items at a sidewalk or parking lot sale, which items are not ordinarily carried in their inventory, must first apply to the planning commission and receive approval of the city council 1 .
1 Cross reference—See also subsection 3-1-7B4 of this chapter.
(1985 Code § 11-1-20)
3-1-10: - PUBLIC INFORMATION:#
The following information submitted to the license assessor, as required by this chapter, shall be released to anyone who requests it: the name of the owner or owners if the business is a sole proprietorship; the name of the general partner or general partners, if the business is a partnership; the names of the officers, if the business is a corporation; the name of the business; the address of the business; the kind of license desired/issued; and the business telephone number. No other information submitted to the license assessor as required by this chapter shall be made public nor shall it be subject to the inspection of any person except the license assessor, his authorized agent, or to those persons authorized by order of the city. It shall be unlawful for any person to make public, tell any other person, or permit the inspection of information required to be submitted by this chapter, except as authorized in this section.
(1985 Code § 11-1-10)
3-1-11: - UNLAWFUL TO SUBMIT FALSE INFORMATION:#
It is unlawful for any person knowingly to submit information that is false.
(1985 Code § 11-1-11)
3-1-12: - SUSPENSION, REVOCATION OR REFUSAL TO RENEW:#
A.
Reasons Specified: The city may suspend, revoke or refuse to issue or renew a license for any of the following reasons:
1.
Fraud or misrepresentation in its procurement.
2.
Violation of this chapter or failure to comply with all of the provisions of this chapter.
3.
Failure to pay any license fee levied when due.
4.
Failure to comply with the requirements imposed by the provisions of title 10 of this code.
5.
Violation of any city ordinance or state or federal statute involving moral turpitude.
6.
Conduct or act of the licensee or his employees, or any act permitted by them, on the premises where such business is conducted tending to render the premises a public nuisance or a menace to the health, peace or general welfare of the city.
7.
A violation of city ordinance or federal or state statute relating to the business or activity which is licensed and resulting from the conduct of such business or activity.
8.
The licensee has refused to allow authorized representatives of the city to make an inspection or has interfered with such representative while in the performance of his/her duty in making such inspection.
9.
The licensee is not complying with a requirement or condition set by the planning commission or community development department, under a conditional use permit; by the city council; or by agreement.
10.
Upon reasonable grounds to believe that the licensee has engaged in any conduct which immediately endangers the health or safety of persons or protection of property within the city.
B.
Enforcement:
1.
The city administrator, or his/her designee, shall have the authority to deny, suspend or revoke a license without a hearing, for reasons provided for in this chapter.
2.
The city administrator, or his/her designee, may, on his or her own initiative or in response to complaints from the general public or any city department or division, investigate and gather evidence of violation of this title or other circumstances which may give rise to a denial, suspension or revocation.
C.
Procedure for Suspension or Revocation: The city administrator, or his/her designee, shall cause written notice to be given to the applicant or licensee, as outlined herein below, of his or her decision to deny, suspend or revoke a license, the reason for such decision, that operation of a business after the effective date of the suspension or revocation is a class B misdemeanor, the licensee's right to appeal the city administrator's, or his/her designee's, decision and have a hearing, and the appeal procedure. However, if that decision is appealed, the suspension or revocation shall not take effect until the time period for appealing the decision as set forth in this chapter has passed.
D.
Appeal Procedure:
1.
Appeals of the city administrator's, or his/her designee's, decision to deny, suspend or revoke a license may be made by filing a written notice of appeal to appear before the city council with the city recorder within fifteen (15) days of receipt of the notice of denial, suspension or revocation.
2.
The notice of appeal shall be in writing and shall set forth with specificity the reasons for which the appeal is taken.
E.
Hearing; Notice:
1.
If the city administrator's, or his/her designee's, decision is appealed, before the city council finalizes the suspension, revocation or refusal to issue or renew any license as provided in this chapter, it shall first afford the licensee an opportunity in a hearing to show cause why the license should be issued or renewed or should not be suspended or revoked. If the reason for the suspension, revocation or refusal no longer exists or has been cured to the satisfaction of the city administrator prior to the date set for hearing before the city council, the city administrator shall give written notice to the licensee and cancel the hearing and the licensee shall not be required to appear before the city council.
2.
The date, time and place of the hearing shall be fixed by the city council and notice thereof shall be personally served on the licensee or the notice may be mailed to the licensee at the address shown in his last application. The city council must take all possible steps to assure that the licensee gets actual notice. The notice shall indicate the purpose of the hearing and the action contemplated.
3.
At the hearing, the licensee or applicant shall have the right to appear personally or by counsel, to cross examine witnesses appearing, and to produce evidence and witnesses in his behalf.
4.
After such hearing and upon due deliberation, the city council shall notify the licensee of its findings and determination.
(Ord. 790, 2-7-2012)
3-1-13: - PENALTY:#
Any person who violates any provision of this chapter shall be guilty of a class B misdemeanor and upon conviction, such person shall be punished as provided in section 1-4-1 of this code. Each separate day a holder of a business license violates any provision of this chapter shall be a separate violation.
(1985 Code § 11-1-21)