Chapter 5.02 - BUSINESS LICENSES GENERALLY
Part of the Code of Ordinances of South Salt Lake, UT.
The text
Sections:
5.02.010 - Doing Business Without a License Unlawful.#
It is unlawful for any Person to Engage in Business within the City of South Salt Lake without a current business license issued by the City.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.02.020 - Failure to Pay License—Penalty.#
If any Person shall neglect, fail, or refuse to pay the amount assessed when it becomes due on any license provided for in this Title, for a period of thirty (30) days after the due date, a penalty of fifty (50) percent shall be added to the original amount due. Any license fee that is delinquent after sixty (60) days, shall be assessed a penalty of one hundred (100) percent (double fee). The license fee and any applicable penalty shall be collected by the City treasurer and the payment thereon enforced in the manner provided in Section 5.02.030 of this Chapter.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.02.030 - Civil Actions.#
In all cases where a license is required and the amount is fixed by the City, and the amount is not paid in the manner prescribed, a civil or administrative action may be brought in the name of the City of South Salt Lake against the Person failing to pay such license, before the administrative law judge for the City of South Salt Lake or in any court of this state having jurisdiction over such action, to recover the amount of the same together with the penalty provided for in Section 5.02.020 of this Chapter. The City may make use of all relevant administrative or civil actions to obtain compliance with the provisions of this Title.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.02.040 - Application for License to Conduct Business.#
A.
Any Person Engaged in Business within the City of South Salt Lake must first obtain a license from the City of South Salt Lake prior to conducting such business, except a Person, under the age of 18, engaging in business only occasionally.
B.
A license to conduct business may be obtained by making application to the business license official at the business licensing office within the City of South Salt Lake.
C.
All applications and renewals for business licenses shall be submitted on the form provided by the City. Payment of the requisite license fee as set forth by ordinance and/or by the consolidated fee schedule and any amendments or revisions thereto shall be submitted with all applications. Failure to remit the required fees shall be grounds for denial of the applicant's license.
D.
Applications to Engage in a new or expanded Business (not a renewal) are subject to a nonrefundable application fee.
1.
If a business license is denied for cause, and any appeal of such denial is upheld, or if the business fails to bring the premises, building, or operation into compliance with the laws and ordinances of the City of South Salt Lake, the state of Utah, and the United States within thirty (30) days of notice of violation from the City, the fees shall be forfeited and a new application, together with required fees, shall be required.
2.
If the license is approved, the application fee shall be applied to the required license fee.
E.
Upon review by the business license official for completeness of application, and a finding by the business license official that: (1) the application is complete; (2) the application complies with ordinances of the City of South Salt Lake; (3) there are no known violations of the laws and ordinances of the City of South Salt Lake, including all conditions of land use approval, the state of Utah, and the United States; and (4) that the business is not delinquent in the payment of any other sum, fee, or fine owed to the City for any reason, the business license official shall issue a business license to the applicant.
F.
All licenses issued pursuant to this Chapter expire annually. An applicant must apply to renew any license annually, on or before the due date established by the City for that business location. The City establishes a twice-yearly renewal season based on the physical location of the business. Those businesses located east of 200 West (the light rail tracks) shall be licensed from January to January with a due date of January 1st. Those located west of 200 West (the light rail tracks) shall be licensed from July to July with a due date of July 1st. All license renewal applications are subject to review by the business license official to determine whether the business is in compliance with all laws and ordinances of the City of South Salt Lake, the state of Utah, and the United States.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.02.050 - License Must Be Paid in Advance.#
A license shall not be issued to anyone until the amount required for such license fees and penalties have been paid to the City treasury, and the application for a business license has been approved by the business license official.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.02.060 - Contents of License Certificate.#
Every certificate of license shall (1) specify by name the Person to whom it is issued; (2) designate the particular business licensed; and (3) designate the location at which the business shall be operated. No license granted or issued under the provision of this Chapter shall authorize any Person to whom a license is issued to Engage in Business (1) at any place other than the location indicated on such license; or (2) other than the business that is properly licensed by the City of South Salt Lake.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.02.070 - License to be Posted in a Conspicuous Place.#
Every license issued shall be posted by the licensee in a conspicuous public place upon the wall of the building, room, or office of the location in which such licensed business is engaged, so that the same may be easily seen by the public. When a business license has expired, it shall be removed by the licensee from any place visible by the public. No license which is not current or valid shall remain posted. It shall be the duty of each and every Person to whom a license has been issued to show a current City of South Salt Lake business license when required to do so by any official or officer of the City of South Salt Lake.
5.02.080 - Transfer or Assignment of Ownership or Control.#
All licenses granted or issued under the provisions of this Title shall become void upon Transfer or Assignment of Ownership or Control.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.02.090 - License Not to Authorize Unlawful Activities.#
A business license issued in conflict with the law or ordinances of the City of South Salt Lake is void. A valid business license does not authorize a lawful business to be conducted in an unlawful manner.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.02.100 - Denial, Suspension, and Revocation of Business Licenses.#
An application for a new business license, or for renewal of an existing business license, may be denied, or an existing business license may be revoked, for the following reasons: A.
The applicant or licensee, or his or her business, does not meet zoning or other requirements set forth in this Code;
B.
False or incomplete information was provided on a business license application;
C.
The licensee or applicant has violated without full remediation, or is violating, any provision of this Title, Chapter 8.08 - Nuisances, Chapter 8.34 - Public Safety Services Abuse—or any other provision of the City Code, state or federal statutes, or other regulations relating to or governing the applicant's or licensee's business;
D.
The licensee has obtained, the applicant has attempted to obtain, or the licensee or applicant has aided another Person to obtain, a license by fraud or deceit;
E.
The applicant for a renewal, or licensee, has failed to pay Salt Lake County ad valorem property taxes and/or personal property taxes, or City of South Salt Lake utility service charges, sales tax, or any other fee or fine owed to the City;
F.
The applicant or licensee has refused to allow authorized representatives of the City to make a lawful inspection of the business or has interfered with such representatives while in the lawful performance of their duty in making such an inspection;
G.
The applicant or licensee is not complying with a requirement or condition established by the Planning Commission or Community Development Department, if applicable, under a conditional use permit, by the land use authority, if applicable, the conditions of a variance or special exception, or by other agreement with the City;
H.
Violation of this Title by the agents or employees of a licensee or applicant, and violations of other laws by the agents or employees of the applicant or licensee while acting as an agent or employee of the licensee or applicant; or any other reason expressly provided for in this Title.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020; Ord. No. 2020-06, § IV, 6-3-2020)
5.02.110 - Enforcement.#
A.
The business license official shall have the authority, without a hearing, to deny an application for a new business license for any reason provided for in this Chapter.
B.
The business license official shall have the authority to deny an application for renewal of an existing business license or to suspend or revoke a business license, without a hearing, for any reason provided for in this Chapter. A denial, suspension, or revocation by the business license official shall become effective upon service of notice as set forth in Section 5.02.130 of this Chapter.
C.
The business license official shall have the authority, on his or her own initiative or in response to complaints from the public or any City department, to investigate and gather evidence of violations of this Code or other circumstances which may give rise to a denial, suspension, or revocation of a license. Upon a finding that the business license application or business license may be denied, suspended, or revoked for the reasons set forth above, the business license official may deny, suspend, or revoke such application or license.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.02.120 - Penalty—Each day a separate violation.#
A.
Unless otherwise specified, a Person convicted of violating any provision of this Title shall be guilty of a Class C misdemeanor punishable by a fine, imprisonment, or both as allowed by state law.
B.
Each day that a violation of this Title occurs is deemed to constitute a separate offense.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.02.130 - Notice of Denial, Suspension, or Revocation.#
Upon a denial, suspension, or revocation of a business license application or business license the business license official shall provide written notice of his or her decision to deny, suspend, or revoke an application or license to the applicant, by personal service or regular mail, at the address listed on the business license application or license. Such notice shall include the reasons for the denial, suspension, or revocation and any accompanying documentation relating to the business license official's decision to deny, revoke, or suspend an application or business license. Such notice shall also include a description, if applicable, of the applicant's or licensee's right to appeal the decision of the business license official. Notice shall be deemed served as follows: A.
Personal service is deemed served on the day of service; and
B.
Service by mail is deemed served three (3) calendar days after the notice is deposited in the United States mail.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.02.140 - Administrative Hearing.#
Any Person adversely affected by a decision of the business license official or any other City official made pursuant to this Title, shall have the right to request an administrative hearing as provided under Chapter 2.22 of this Code.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.02.150 - Business License Hearing.#
A.
The City shall impose graduated sanctions upon businesses that fail to comply with the conditions of their licenses. Revocation shall be reserved for serious violations or repeated conduct.
B.
The administrative law judge shall have the authority to modify any sanction imposed by a business license official if it appears from the evidence presented that the sanction is excessive.
C.
The laws and ordinances of the City of South Salt Lake, the state of Utah, and the United States shall be controlling in all appeals. The administrative law judge shall not make any findings that would result in the violation of, or continuing violation of, any of the above laws and ordinances. The administrative law judge shall not have the authority to waive compliance with any of the applicable provisions of the business license ordinance, nor shall the administrative law judge extend deadlines set forth in such ordinances or change the substance or form of such ordinances.
D.
If the administrative law judge enters an order upholding a decision to deny, suspend, or revoke a license, the order shall contain a directive to the subject business to cease all unlawful Business Activity on the premises. When the sanction of suspension or revocation is imposed, an order from the administrative law judge shall also contain a directive to cease all Business Activity on the premises during the time of suspension or revocation. The administrative law judge may authorize the City to use any reasonable means to enforce cessation of Business Activity.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.02.160 - Unlawful to Engage in Business After Revocation.#
If any license is revoked or application for license is denied as provided in this Title, it shall thereafter be unlawful for any Person to open, operate, maintain, manage, or conduct any business, trade, profession, or calling for which a license is required at the premises where the license was revoked or denied until a new license is granted by the City.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.02.170 - Issuance of New License After Denial or Revocation—Waiting Period.#
No Person who has been denied a license or whose license has been revoked, and no Person associated or connected with such a Person in the conduct of his business, shall be granted a new license for a period of at least six (6) months after such denial or revocation.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.02.180 - Subject to General Licensing Provisions.#
Licenses required in the consolidated fee schedule are also subject to all of the general licensing provisions set forth in this Title.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.02.190 - License fees.#
Before Engaging in Business in the City of South Salt Lake, all Persons shall be required to obtain a license from the City and pay all applicable license fees.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.02.200 - Reciprocal licenses.#
Whenever a Person Engaged in Business in the City of South Salt Lake, but having no office, building, or plant location in the City of South Salt Lake, has obtained a license in another City or from Salt Lake County, such license shall be recognized as valid in the City of South Salt Lake, providing that Salt Lake County or such other City also recognizes as valid like licenses issued by the City of South Salt Lake. If a Person Engages in Business in South Salt Lake but is not located within a jurisdiction that has a reciprocal agreement with the City of South Salt Lake then the City Council may charge a license to such business on the same basis and at the same rate as charged to such businesses located within the City of South Salt Lake.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.02.210 - License for Each Place of Business.#
Each separate Place of Business or plant within the City shall obtain a separate license for each location in the City of South Salt Lake in accordance with the schedules set forth in this Title, except as exempted by ordinance.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)
5.02.220 - Disproportionate Costs.#
In addition to the license fee required by this Title, a business that creates a disproportionate demand on the public safety services of the City, pursuant to Title 2, shall annually reimburse the City for excessive public safety costs.
(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)