The text
Sections:
5.01.010. - Definitions.#
For the purpose of this Title the following terms shall have their prescribed meanings:
"Adult Bookstore, Adult Video store, or Adult Device Store" means a commercial establishment which, as one of its principal business activities, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of Specified Sexual Activities, Specified Anatomical Areas, or Sexual Devices as defined in this Title. A "principal business activity" exists where the commercial establishment meets any one or more of the following criteria: A.
At least thirty (30) percent of the establishment's displayed merchandise consists of said items;
B.
At least thirty (30) percent of the retail value (defined as the price charged to customers) of the establishment's displayed merchandise consists of said items;
C.
At least thirty (30) percent of the establishment's revenues derive from the sale or rental, for any form of consideration, of said items;
D.
The establishment maintains at least thirty (30) percent of its floor space for the display, sale, and/or rental of said items (aisles and walkways used to access said items shall be included in "floor space" maintained for the display, sale, or rental of said items);
E.
The establishment maintains at least five hundred (500) square feet of its floor space for the display, sale, and/or rental of said items (aisles and walkways used to access said items shall be included in "floor space" maintained for the display, sale, or rental of said items);
F.
The establishment regularly offers for sale or rental at least two thousand (2,000) of said items;
G.
The establishment regularly features said items and regularly advertises itself or holds itself out, in any medium, by using "adult," "adults-only,' "XXX," "sex," "erotic," or substantially similar language, as an establishment that caters to adult sexual interests; or
H.
The establishment maintains an "adult arcade," which means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting Specified Sexual Activities or Specified Anatomical Areas.
"Act of Violence" means the use of physical force or power, threatened or actual, that either results in or has a high likelihood of resulting in injury, death, psychological harm, or property damage.
"Adult Cabaret" means a business that regularly features live conduct characterized by Semi-Nudity. No establishment shall avoid classification as an Adult Cabaret by offering or featuring Nudity.
"Adult Motion Picture Theater" means a commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions characterized by their emphasis upon the display of Specified Sexual Activities or Specified Anatomical Areas are regularly shown to more than five persons for any form of consideration.
"Amusement Device" means any machine, device, or contrivance, not prohibited or declared unlawful by the City or the state of Utah, designed or intended to be operated or used for amusement or the playing of a game upon or in exchange for paying a fee or inserting a coin or token.
"Auction" means a competitive sale of property by outcry or signal to the highest bidder.
"Auctioneer" means any Person who conducts an auction.
"Auction House" means a permanent Place of Business where auctions are conducted, and personal property is sold at auction.
"Business Activity" means any pursuit within City limits carried on by a person engaged in business.
"Business Owner" means the Person or Persons Engaged in Business within South Salt Lake City.
"Change in Ownership" means (1) for a sole proprietorship: when the proprietor sells or transfers the business to any other individual, group, or entity; (2) for a partnership: when there is a change in the controlling percentage of the partnership, as compared to the partnership that existed at the time of the initial application; (3) for a corporation: when there is a change in any officer or director, or a change in any individual or entity holding twenty (20) percent or more of the shares of stock from the time of the initial application; and (4) for a limited liability company: when there is a change in the limited liability company's management or a change in any individual or entity owning twenty (20) percent or more of the company from the time of the initial application.
"Charitable Group" means any group, organization, association, or other entity that holds itself out to be a benevolent, educational, voluntary, philanthropic, humane, patriotic, religious or eleemosynary, social welfare or advocacy, public health, environmental or conservation, civic, or public safety, law enforcement, or firefighter organization which is located or has members residing in the City of South Salt Lake.
"City Event" means any City-planned festival, celebration, function, or gathering within the City limits, including but not limited to the Fourth of July Celebration, Huck Finn Day, Halloween, or the "City Night Out."
"Coin Dealer" means any Person Engaged in the Business of buying or selling coins having numismatic value.
"Dealer" means a Person Engaged in the Business of buying or selling goods.
"Disqualifying History" means a Person convicted of—including pleas of guilty, no contest, nolo contendere, or any other plea whereby punishment may be imposed upon the defendant, and including a plea which is held in abeyance, regardless of whether it was ultimately dismissed—(1) a felony under federal law or state law; (2) a violation of a federal law, state law, or local ordinance concerning the sale, offer for sale, warehousing, manufacture, distribution, transportation, or adulteration of an alcoholic product within the preceding ten (10) years; (3) a crime involving Moral Turpitude within the preceding ten (10) years; or (4) on two or more occasions within the preceding five (5) years, any offense listed under Subsection 41-6a-501(2)(a) of the Utah Code, as amended.
"Employ, Employee, or Employment" means any Person who performs any service on the premises of a business, on a full time, part time, or contract basis, regardless of whether the Person is denominated as an employee, independent contractor, agent, lessee, or otherwise. Employee does not include a Person exclusively on the premises for repair or maintenance of the premises or for delivery of goods to the premises.
"Employee, Full-Time" means an Employee who is employed for at least thirty (30) hours per week and shall include temporary or seasonal Employees where such Employees are employed for two (2) months or more per year and all corporate officers, owners, or partners.
"Employee, Part-Time" means a Person who works for an employer less than thirty (30) hours per week and shall include temporary or seasonal employees, even if working more than thirty (30) hours per week, if such Person is employed for less than two months (2) per year.
"Engage in Business/Engaged in the Business" means to conduct, manage, or carry on any activity as owner, officer, agent, Manager, employer, servant, or lessee.
"Establish a Sexually Oriented Business (SOB)" means any of the following: A.
The opening or commencement of any Sexually Oriented Business, as defined in the Chapter as a new business;
B.
The conversion of an existing business, whether or not a Sexually Oriented Business, to any Sexually Oriented Business; or
C.
The addition of any Sexually Oriented Business to any other existing Sexually Oriented Business.
"Event" means, for purposes of Chapter 5.04 of this Code, a convention, civic, or community gathering whether held for profit, nonprofit, or charitable purposes, occurring for a limited or fixed duration that impacts the City by requiring City licensing or services beyond the scope of normal business and/or alcoholic beverage regulations, as set forth in this Code, or involving the use of City property, impacting public vehicle or pedestrian flow, generating public safety demands beyond their normal scope, or involving outdoor or temporary activities that do not normally occur as a component of the venue's Permitted Use or Conditional Use, as defined in Title 17 of the Code.
"Event Support Fee" means any fee charged by the City for the cost of providing police protection, park maintenance, or other required City services.
"Exchange Access Services" means telephone exchange lines or channels, and services provided in connection with them, that are necessary to provide access from the premises of a subscriber to the local switched public telecommunications network of the public utility to effect communication or the transfer of information. Exchange Access Services do not include: (1) private line services; (2) long distance toll services; (3) carrier access services; (4) telephonic services that are not regulated by the Utah Public Service Commission; and (5) services that emulate functions available in customer premises equipment.
"Floor Space" means the floor area inside an establishment that is visible or accessible to patrons for any reason, excluding restrooms.
"Gross Sales" means the sum total of all the monies received from the sale of goods, wares, merchandise, or services rendered within a given calendar year, excluding the net Utah state sales tax and any direct federal tax levied on goods or services sold. Gross Sales as used in this Title shall be synonymous with gross receipts.
"Gross Revenue" means the total revenue derived from the sale and use of public utility services within South Salt Lake City, provided that Gross Revenue as applied to the telephone utility shall be construed to mean Basic Local Exchange Services revenue.
"Hearing Officer" means the South Salt Lake City Administrative Law Judge.
"Hotel or Motel" means any facility that provides, for a fee, sleeping accommodations and customary lodging services, including maid service, the furnishing and upkeep of furniture and bed linens, telephone and desk service, and is in current possession of a long-term or short-term lodging business license from the City.
"Influential Interest" means any of the following: (1) the actual power to operate a Sexually Oriented Business, control the operation, management, or policies of any Sexually Oriented Business, or the legal entity that operates any Sexually Oriented Business, (2) ownership of a financial interest of at least twenty (20) percent of a Sexually Oriented Business or of any class of voting securities of a business, or (3) holding an office (e.g., president, vice president, secretary, treasurer, managing member, managing director, etc.) in a legal entity that operates a Sexually Oriented Business.
"Junk Collector" means any Person, that not does not have a fixed Place of Business in Salt Lake County, who goes from place to place gathering, collecting, buying, selling, or otherwise dealing in old rags, papers, metals, or other articles commonly known as junk. "Junk Dealer" means any Person who engages in buying or selling old metals (other than precious metals), glass, rags, rubber, paper, or other junk from a fixed Place of Business. "Manager" means any individual employed or operating in a supervisory, managerial, decision-making, agent, or similar capacity for the entity.
"Metal Processor" means any Person who engages in refining or otherwise altering the form of precious metals not found in a natural state (i.e. raw ore).
"Moral Turpitude" means an act or behavior done contrary to community standards of honesty, good morals, or justice or which has an element of fraud, theft, or intent to harm another individual or property.
"Nudity" means the showing of human genitals, pubic area, vulva, or anus with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola.
"Nuisance Conduct" includes both Criminal Conduct and Objectionable Conditions, as those terms are defined in Title 8.
"Organizer" means the Person responsible for event arrangements and payment of support fees.
"Owner" means, for purposes of Chapter 5.04 of this Code, a sole proprietor or in the case of a partnership, corporation, or limited liability company: a partner, managing agent, Manager, officer, or director thereof; a stockholder who holds at least 20% of the total issued and outstanding stock of the corporation; or a member who owns at least 20% of the limited liability company.
"Pawnbroker" means any Person who loans money on deposit of personal property or deals in the purchase, exchange, or possession of personal property on condition of selling the same back again to the pledgor or depositor, or who loans or advances money on personal property by taking chattel mortgage security thereon and takes or receives such personal property into his possession, and who sells the unredeemed pledges, together with such new merchandise as will facilitate the sale of same.
"Person" means any individual, receiver, assignee, trustee in bankruptcy, trust, estate, firm, co-partnership, joint venture, club, company, joint stock company, business trust, limited liability company, corporation, association, legal entity, society or other group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise.
"Place of Business" means a location maintained or operated by a Person within the City of South Salt Lake from which a Person Engages in Business. Place of Business includes a parking lot owned or leased by the business, parking areas traditionally used by patrons or Employees of the business, and the public rights-of-way adjacent to the business premises as it is used by Persons attracted to the business.
"Premises" means the real property upon which a Sexually Oriented Business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee.
"Private Security Staff" means either: (1) a permanent Employee of the business whose chief responsibility is to provide security for the Premises; (2) an individual provided by a contract security company that is currently licensed by the state of Utah; or (3) an off-duty peace officer holding a current state certificate, lawfully employed at the location.
"Public Portion of Premises" means the area around the exterior of the premises where the activities of patrons collide with the activities of the greater public, including all outdoor portions of the property upon which the premises is located, including parking areas, public sidewalks, streets immediately adjacent to the premises, and extending to parking areas off the premises, whether on public property or private property of another, used by patrons of the establishment based either upon agreement or custom.
"Receives" means acquiring possession, control, or title or lending on the security of the property.
"School Group" means any club, group, organization, or association of any school located in or having students that reside in this City which seeks to raise money for a school-sanctioned activity or project.
"Secondhand Dealer" means any Person who keeps a store, office, or Place of Business for the purchase, barter or exchange or sale of any secondhand merchandise of value, or who Engages in the Business of dealing in secondhand goods. A secondhand dealer does not include any Person who deals in the purchase, barter, exchange, or sale of used motor vehicles and trailers, or buys or sells fewer than five (5) firearms per year.
"Secondhand Precious Metal Dealer/Processor and/or Precious Gem Dealer" means any Person who engages in buying, selling, or processing gold, silver, platinum, other precious metal, secondhand articles containing any of such metals, secondhand precious gems or any articles containing any precious gems.
"Semi-Nude or Semi-Nudity" means the showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks. This definition shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part.
"Semi-Nude Model Studio" means a place where Persons regularly appear in a state of Semi-Nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other Persons. This definition does not apply to any place where Persons appearing in a state of Semi-Nudity did so in a class operated: A.
By a college, junior college, or university supported entirely or partly by taxation;
B.
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
C.
In a structure:
1.
That has no sign visible from the exterior of the structure and no other advertising that indicates a Semi-Nude Person is available for viewing; and
2.
Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class.
"Sexual Device" means any three-dimensional object designed for stimulation of the male or female human genitals, anus, buttocks, female breast, or for sadomasochistic use or abuse of oneself or others and shall include devices commonly known as dildos, vibrators, penis pumps, cock rings, anal beads, butt plugs, nipple clamps, and physical representations of the human genital organs. Sexual Device does not include devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.
"Sexually Oriented Business or SOB" means an "Adult Bookstore, Adult Video Store, or Adult Device Store," an "Adult Cabaret," an "Adult Motion Picture Theater," or a "Semi-Nude Model Studio."
"Specified Anatomical Areas" means and includes: A.
Less than completely and opaquely covered: human genitals; pubic region; buttock; and female breast below a point immediately above the top of the areola; and
B.
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
"Single Episode" means all conduct that is closely related in time and is incident to an attempt or an accomplishment of a single objective, or which results in a single citation.
"Sexually Oriented Business Licensee" means a Person in whose name a license to operate a Sexually Oriented Business has been issued, as well as any individual or individuals listed on the application for a Sexually Oriented Business license. In the case of an "Employee," it shall mean the Person in whose name the Sexually Oriented Business employee license has been issued.
"Sexually Oriented Business Operator" means any Person on the Premises of a Sexually Oriented Business who manages, supervises, or controls the business or a portion thereof. A Person may be found to be an operator regardless of whether such Person is an owner, part owner, or licensee of the business.
"Special Event" means an event occurring out of the ordinary course of neighborhood functions; such as races, runs, walks, parades, block parties (in excess of thirty (30) homes), entertainment programs, filming of movies, and similar events, which are primarily for the purpose of entertainment or fund raising and attract participants and/or observers and are conducted in or affect public facilities and/or public streets.
"Specified Criminal Activity" means any of the following specified crimes for which less than five (5) years has elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date: A.
Prostitution or promotion of prostitution;
B.
Dissemination of obscenity or illegal pornographic materials; sale, distribution or display of harmful material to a minor;
C.
Sexual abuse; sexual abuse of a child; sexual exploitation of children; sexual performance by a child;
D.
Possession or distribution of child pornography;
E.
Sexual assault; sexual battery; rape;
F.
Indecent exposure; indecency with a child; molestation of a child;
G.
Distribution of a controlled substance;
H.
The crimes of criminal pandering, tax violations, embezzlement, or racketeering, if such crimes are directly related to the operation of a Sexually Oriented Business;
I.
Any attempt, solicitation, or conspiracy to commit one of the foregoing offenses; or
J.
Any offense in another jurisdiction that, had the predicate act(s) been committed in Utah, would have constituted any of the foregoing offenses.
"Specified Sexual Activity" means any of the following: A.
Intercourse, oral copulation, masturbation, or sodomy; or
B.
Excretory functions as a part of or in connection with any of the activities described in (A) above.
"Telephone Service" means exchange access services, extended area service, customer access line charges and any service for which a tax or other charge was being paid pursuant to this Chapter.
"Transfer (Assignment) of Ownership or Control" of a business means any of the following: A.
The sale, lease, or sublease of the business;
B.
The transfer of securities which constitute an Influential Interest in the business, whether by sale, exchange, or similar means;
C.
A Change in Ownership; or
D.
The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the Person possessing the ownership or control.
"Transient Auction House" means any place, whether indoors or outdoors, located within South Salt Lake where any goods, wares, merchandise, or articles of value are offered for sale at auction and which is neither the permanent Place of Business for auction sales nor a permanent business which has an auction sale to dispose of its inventory, furnishings, and business equipment as it goes out of business.
"Use" has the definition assigned in Chapter 17.01 of this Code.
"Vendor" means any Person, group, organization, firm, or company which sells or offers to sell to the public any type of product, service, food, or drink at a City Event.
"Viewing room" means the room, booth, or area where a patron of a Sexually Oriented Business would ordinarily be positioned while watching a film, videocassette, digital video disc, or other video reproduction.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020; Ord. No. 2020-06, § III, 6-3-2020)