CHAPTER 1

BUSINESS LICENSE REGULATIONS

SECTION:

4-1--1:		Title
4-1--2:		Purpose
4-1--3:		Definitions
4-1--4:		Business License Required
4-1--5:		License Assessor And Collector
4-1--6:		Payment Dates
4-1--7:		Application For License
4-1--8:		Fee For License; Exemptions
4-1--9:		City Council Action On Application
4-1-10:		Home/Premises Occupation Business
4-1-11:		Certificate Of License
4-1-12:		Transfer Of License Prohibited
4-1-13:		Joint License
4-1-14:		Branch Establishments
4-1-15:		Reciprocal Recognition Of Licenses
4-1-16:		Nuisances Prohibited
4-1-17:		Revocation Or Denial Of License
4-1-18:		Compliance Required
4-1-19:		Inspections
4-1-20:		Penalty !2R!

4-1-1:		TITLE:

This chapter shall be entitled BUSINESS LICENSES ORDINANCE FOR LICENSING, CONTROL AND REGULATION OF BUSINESSES OF ORANGEVILLE CITY, UTAH and may be so cited and pleaded. (Ord. 5-14-98, 5-14-1998)

4-1-2:		PURPOSE:

The purpose of this chapter is to provide for the regulation of all business activities within the city where authorized by statute. (Ord. 5-14-98, 5-14-1998)

4-1-3:		DEFINITIONS:

The following words and phrases used in this chapter shall have the following meaning unless a different meaning clearly appears from the context:

!DEF! BUSINESS: Includes all activities engaged in within this city 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 provided.

EACH SEPARATE PLACE OF BUSINESS: Each separate establishment or place of operation, whether or not operating under the same name, within the city, including a home or other place of lodging if the same is held out by advertisements, listing 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 city.

EMPLOYEE: The operator, owner or manager of a place of business and any persons employed in the operation of said place of business in any capacity and also any salesperson, 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.

PLACE OF BUSINESS: Means each separate location maintained or operated by the licensee within this city from which business activity is conducted or transacted.

WHOLESALE: 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: A person doing a regularly organized wholesale jobbing business and selling to retail merchants, jobbers, dealers or other wholesalers, for the purpose of resale. (Ord. 5-14-98, 5-14-1998) !DEFEND!

4-1-4:		BUSINESS LICENSE REQUIRED:

It shall be a Class B misdemeanor and, upon conviction, subject to penalty as provided in section 1-4-1 of this Code, for any person, firm or corporation to maintain, transact, engage in or carry on any business, trade, service, profession or calling, or to operate a vending, pinball or coin operated machine without first procuring the class or type of license required by the City. Except that no license is required for a business operated only occasionally by an individual who is under eighteen (18) years of age. (Ord. 5-14-98, 5-14-1998; amd. 2004 Code; Ord. 2018-6, 5-10-2018)

4-1-5:		LICENSE ASSESSOR AND COLLECTOR:

The City Recorder is designated and appointed as ex officio assessor of license fees for the City. Upon receipt of any application for a license, the City Recorder shall assess the amount due thereon and shall collect all license fees based upon the rate established by resolution of the City Council. The City Recorder 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. (Ord. 5-14-98, 5-14-1998)

4-1-6:		PAYMENT DATES:

All license fees shall be due and payable as follows, except as may be otherwise provided:

A.	Annual Fees; Term Of License: 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.

B.	Delinquent When: Annual fees shall be due on January 1 of each calendar year and shall become delinquent if not paid by March 1 of each year. (Ord. 5-14-98, 5-14-1998)

C.	Licenses Issued After July 1: One-half (1/2) of the annual fee shall be payable for all licenses issued by the City pursuant to applications made after July 1 of each year. Licenses issued after July 1 shall expire on December 31. Payment shall be due upon the date of application approval. (Ord. 5-14-98, 5-14-1998; amd. 2004 Code)

D.	Penalty: License fees not paid within sixty (60) days of the due date shall have a penalty of ten percent (10%) of the amount of such license fee added to the original amount thereof for each month of delinquency. No license shall be issued until all penalties legally assessed have been paid. (Ord. 5-14-98, 5-14-1998)

4-1-7:		APPLICATION FOR LICENSE:

A.	Information Required: All applications for license shall include, but not be limited to:

1.	The name 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.

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

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

B.	Machines Or Devices: 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.

C.	Proof Of State License: If such business is regulated by a State licensing division, including, but not limited to, building contractors, cosmetology, daycare centers, etc., a current State issued license shall be presented at the time of application. (Ord. 5-14-98, 5-14-1998)

4-1-8:		FEE FOR LICENSE; EXEMPTIONS:

A.	Fee Required: All persons conducting or engaged in a business, trade or profession and/or who sells at retail or wholesale goods or services shall pay a license fee.

B.	Amount Enacted By Resolution: The City Council shall from time to time enact by resolution the amount of the annual license fee to be levied. (Ord. 5-14-98, 5-14-1998)

C.	Interstate Commerce: None of the license fees provided for by this section shall be applied as to occasion an undue burden on interstate commerce. In any case where a license fee is believed by a licensee or applicant for a license to place an undue burden upon such commerce, he may apply to the City Recorder for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair as to such commerce. Such application may 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 method of business and the gross volume or estimated gross volume of business and such other information as the City Council may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The City Recorder shall then conduct an investigation, comparing the 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 the applicant's business and shall recommend to the Governing Body a license fee for the applicant in an amount that is nondiscriminatory, reasonable and fair, and if the Governing Body 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 Governing Body shall order a refund of the amount over and above the fee fixed by the Governing Body. (Ord. 5-14-98, 5-14-1998; amd. 2004 Code)

D.	Exemptions To License:

1.	No license fee shall be imposed under this chapter on any person engaged in business of solely religious, charitable, eleemosynary or any other type of strictly nonprofit purpose which is tax exempt in such activities under the laws of the United States and the State, nor shall any license fee imposed upon 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 this Municipality who has paid a like or similar License Tax or fee to some other taxing unit within the State and which taxing entity exempts from its License Tax or fee, by reciprocal agreement or otherwise, businesses domiciled in this Municipality and doing business in such taxing unit. Nor shall any license fee be imposed upon a home based business, unless the combined offsite impact of the home based business and the primary residential use materially exceeds the offsite impact of the primary residential use alone. (Ord. 5-14-98, 5-14-1998; amd. Ord. 2018-6, 5-10-2018)

2.	The City Recorder may, with approval of the Governing Body, 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 D1 of this section. (Ord. 5-14-98, 5-14-1998)

4-1-9:		CITY COUNCIL ACTION ON APPLICATION:

A.	Action At Council Meeting: The Governing Body shall consider the application for any business license, other than home/premises occupation business licenses, at a duly called Council meeting and shall act to approve or disapprove said application. If approved, the Governing Body shall follow procedures as outlined in section 4-1-11 of this chapter. (Ord. 5-14-98, 5-14-1998; amd. 2004 Code)

B.	Temporary Or Short Term Licenses: The Governing Body may delegate the responsibility for the issuance of temporary or short term licenses for activities not operating from a permanent fixed location within the City. (Ord. 5-14-98, 5-14-1998)

4-1-10:		HOME/PREMISES OCCUPATION BUSINESS:

A.	Zoning Requirements: Any home/premises occupation business shall comply with all zoning regulations within the zone in which the business is located.

B.	Planning And Zoning Commission Approval: All applicants shall meet with the Planning and Zoning Commission for approval before issuance of a business license. (Ord. 5-14-98, 5-14-1998; amd. 2004 Code)

4-1-11:		CERTIFICATE OF LICENSE:

A.	Signatures, Information Required: All certificates of license shall be signed by the mayor, attested by the city recorder, and shall contain the following information:

1.	The name of the person to whom such certificate has been issued and name of business.

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 date of its expiration.

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

B.	Display Of License:

1.	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 time or times while the licensee is engaged in or pursuing the business for which a license is granted.

2.	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. (Ord. 5-14-98, 5-14-1998)

4-1-12:		TRANSFER OF LICENSE PROHIBITED:

No license granted or issued under any ordinance of the city 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 that is therein named unless by permission of the city council. (Ord. 5-14-98, 5-14-1998)

4-1-13:		JOINT LICENSE:

Whenever a person is engaged in two (2) or more businesses at the same location within the municipality, such person shall not be required to obtain separate licenses for conducting each of such businesses. The license fee to be paid shall be computed at the highest license fee applicable to any of the businesses being conducted at such location. The sale of beer or any other product or service requiring an additional license shall be subject to such additional licensing requirement. Where two (2) 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. (Ord. 5-14-98, 5-14-1998; amd. 2004 Code)

4-1-14:		BRANCH ESTABLISHMENTS:
A separate license must be obtained for each separate place of business in the city and 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; provided, that 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. (Ord. 5-14-98, 5-14-1998)

4-1-15:		RECIPROCAL RECOGNITION OF LICENSES:

A.	Vehicle Or Equipment Operation: No license shall be required for operation of any vehicle or equipment in this municipality when:

1.	Such vehicle is merely passing through the municipality.

2.	Such vehicle is used exclusively in intercity or interstate commerce.

B.	Delivery: No license shall be required by this chapter of any person whose only business activity in the city is the mere delivery in the municipality of property sold by him at a regular place of business maintained by him outside the city where:

1.	Such person's business is at the time of such delivery licensed by the Utah municipality or county in which such place of business is situated; and

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

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 city for compliance with health or sanitary standards prescribed by the city; 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.	Provide Certified Copies Of Provisions: The 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. (Ord. 5-14-98, 5-14-1998)

4-1-16:		NUISANCES PROHIBITED:

No business, whether licensed or not, shall be conducted or operated so as to amount to a nuisance. (Ord. 5-14-98, 5-14-1998)

4-1-17:		REVOCATION OR DENIAL OF LICENSE:

A.	Authority; Conditions: Any license issued pursuant to be provisions of this code or of any ordinance of this municipality may be revoked or any application denied by the governing body because of:

1.	The failure of the licensee or applicant to comply with conditions and requirements of this code or any ordinance of the municipality.

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

B.	Notice Required; Hearing: Prior to the revocation of a license or denial of an application to renew business license, the licensee or applicant shall be given a notice which shall state in substance that the governing body 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 governing body (which shall be at least 10 days and not more than 30 days from the date 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.

C.	Applicability: The preceding subsection shall not apply to applications for licenses for businesses which have not previously been licensed by the municipality, and such applicants need only be informed that their application has been denied. (Ord. 5-14-98, 5-14-1998)

4-1-18:		COMPLIANCE REQUIRED:

No business, whether licensed or not, shall be conducted, and/or no business license shall be issued for any business activity, if the premises and/or building to be used for the purpose of any business does not fully comply with the requirements of all city ordinances. No such license shall be issued for the conduct of any business or performance of any act which would involve a violation of the zoning ordinance of this city and any license so issued shall be null and void. (Ord. 5-14-98, 5-14-1998)

4-1-19:		INSPECTIONS:

A.	Authority: Whenever inspections of the premises used for, or in connection with, the operation of a licensed business or home occupation are required, or are considered reasonably necessary to secure compliance with any provision of this chapter or state statute or regulation, or to detect violations thereof, it shall be the duty of the licensee or the person in charge of the premises to be inspected to admit thereto, for the purpose of making the inspection, any officer or employee of the city or other governmental unit who is authorized or directed to make such inspection at any reasonable time that admission is requested.

B.	Revocation: In addition to any other penalty which may be provided, the governing body may revoke the license of any licensed proprietor of any business in the city who refuses to permit any such authorized officer or employee to make the inspection, or who interferes with such officer or employee while in the performance of his duty in making such inspection; provided, that no license shall be revoked for cause unless written demand is made upon the licensee or person in charge of the premises, in the name of the city or governmental unit, stating that such inspection is desired at the time it is sought to make the inspection. (Ord. 5-14-98, 5-14-1998)

4-1-20:		PENALTY:

Violation of this chapter shall be a class B misdemeanor and, upon conviction, subject to penalty as provided in section 1-4-1 of this code. (Ord. 5-14-98, 5-14-1998; amd. 2004 Code)