For the purpose of this title, the following terms shall have the meanings herein prescribed:

BUSINESS: Means and includes all activities, trades, professions, or callings engaged in within the corporate limits of Salt Lake City carried on for the business of gain or economic benefit, except that the acts of employees rendering service to employers shall not be included in the term "business" unless otherwise specifically prescribed.

EMPLOYEE: The operator, owner or manager of said place of business and any persons employed by such person in the operation of the place of business in any capacity, and also any salesman, agent, leased employee or independent contractor engaged in the operation of said place of business in any capacity.

ENGAGING IN BUSINESS: Means and 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.

GROSS SALES: A. Shall not include:

1. The amount of any federal tax, except excise taxes imposed upon or with respect to retail or wholesale sales, whether imposed upon the retailer, wholesaler, jobber or upon the consumer, and regardless of whether or not the amount of federal tax is stated to customers as a separate charge; and

2. The amount of net Utah state sales tax.

B. The term "gross sales" means and includes the amount of any manufacturer's or importer's excise tax included in the price of the property sold, even though the manufacturer or importer is also the wholesaler or retailer thereof, and whether or not the amount of such tax is stated as a separate charge.

NUMBER OF EMPLOYEES: The average number of employees engaged in business at the place of business each regular working day during the preceding calendar year. In computing such number, each regular full time employee shall be counted as one full time employee and each employee which is not a regular full time employee shall be counted as a part time employee.

PERSON: Any individual, receiver, assignee, trustee in bankruptcy, trust, estate, firm, partnership, joint venture, club, company, joint stock company, business trust, corporation, limited liability company, association, society or other group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise, or any agent thereof.

PLACE OF BUSINESS: Each separate location maintained or operated by the licensee within the city from which business activity is conducted or transacted. (Ord. 37-99 § 3, 1999: Ord. 88-97 § 1, 1997: Ord. 5-94 § 6, 1994: prior code § 20-3-1)

It is unlawful for any person to engage in or carry on any business within Salt Lake City, for the transaction or carrying on of which a license is required, without first taking out or procuring a license required for such business. A license is required for all persons engaged in or carrying on business within Salt Lake City unless exempted from such licensure under these ordinances or under other applicable law. (Ord. 1-06 § 11, 2006: Ord. 37-99 § 3, 1999: prior code § 20-1-1)

The license supervisor shall have charge of the license department, shall assess and collect all license taxes based upon the rates established by ordinance, shall enforce all the provisions of this title, and shall cause to be filed complaints against all persons violating any of the provisions of this title. (Prior code § 20-1-2)

The license supervisor, and all license inspectors, in the discharge and performance of their official duties, shall have and exercise the following powers:

A. Citations: To issue citations for the violation of any of the provisions of this title;

B. Inspections: To enter, free of charge, at any reasonable time, any place of business or to stop, in accordance with the law, any vehicle for which license is required, and to demand the exhibition of such license for the current term from any person engaged or employed in the transaction of such business or the operation of such vehicle. (Ord. 37-99 § 3, 1999: prior code § 20-1-6)

All police officers are hereby appointed ex officio inspectors, and are required to examine all places of business, persons and vehicles for whom a license is required, and shall determine that such places of business, persons and vehicles are properly licensed and that no business other than the one described in and covered by the license is transacted. They shall report to the license supervisor all persons doing business without a proper and valid license for such business. (Prior code § 20-1-7)

No license granted or issued under any of the provisions of this chapter, or otherwise, shall be in any manner assignable or transferable; or authorize any person, other than is therein mentioned or named, to do business; or authorize any other business, calling, trade or profession than is therein mentioned or named to be done or transacted; or the business, calling, trade or profession therein mentioned or named to be done or transacted, at any place other than is therein mentioned or named, unless by permission of the Mayor. (Prior code § 20-1-16)

A. Written Application: Applications for licenses and permits required by this title shall be made in writing to the License Supervisor in the absence of provision to the contrary, which applications shall be made upon forms provided by the City. The application shall show:

1. Name: The name of the person desiring a license;

2. License Type: The kind of license desired, stating the business to be performed, practiced or carried on;

3. License Class: The class of license desired, if such licenses are divided into classes;

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

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

6. Additional Information: The application shall also state such additional information as may reasonably be required by the City as may be needed for the proper guidance of City officials in issuing the permit or license applied for.

a. Such information may specifically include information to show that the applicant:

(1) Meets all requirements of applicable City ordinances including requirements regarding unexpunged criminal convictions;

(2) Is not in default under the provisions of any City ordinance; and

(3) Is not indebted or obligated in any manner to the City, except for current taxes.

b. It may also show that the proposed use of any premises by the applicant will not be in violation of City zoning regulations, that the principals of the applicant's business are properly bonded if bonding is required, and that the applicant will otherwise be in full compliance with all applicable City, State and Federal laws and ordinances.

B. Accuracy: The truthfulness, completeness and accuracy of all of said information provided by applicant shall be attested to by the applicant or an authorized representative thereof.

C. Not Misleading: Failure to provide all required information or providing false or misleading information in the application shall constitute grounds for denial of the application or revocation of an existing permit or license, and shall constitute a violation of this title, if done willfully with the intent to mislead the City. (Ord. 31-17, 2017)

The applications, with accompanying statements and bonds, shall be numbered by the License Supervisor in the order in which they appear in the License Supervisor's Office and, after numbering, the bonds shall be filed in the Office of the License Supervisor, and the applications shall be filed in the Office of the License Supervisor in the order in which they are recorded in the assessment rolls. Each application shall bear its proper number and shall be filed in said office. (Ord. 5-94 § 1, 1994: prior code § 20-1-9)

After the licensee has made application for a license, as provided by the ordinances, the License Supervisor shall furnish to the licensee, either personally, by mail, or leave at the licensee's usual place of business, a bill showing the amount assessed. If any person neglects, fails or refuses to pay the amount assessed when it becomes due, the License Supervisor shall proceed to enforce collection as provided by ordinance. (Prior code § 20-1-10)

It is unlawful for any person applying for a license which requires investigation by a department of city government to engage in the business for which application is made until such investigation be completed and the license approved and issued. (Prior code § 20-1-11)

A. Investigation: The mayor or his/her designee may, prior to the issuance of any business license required by this title, investigate any applicant for such license if the mayor has reasonable cause to believe that the applicant:

1. Has filed an application which is incomplete, erroneous, or false in any respect;

2. Fails in any respect to qualify to do business in the city under any federal, state or city law, rule or regulation; or

3. Has committed such act or acts as may be grounds for revocation or denial of a license application under any federal, Utah state, or Salt Lake City law, rule or regulation; or

4. Investigation is provided for by city ordinance.

B. Documents And Witnesses: The mayor or his/her designee may compel the production of documents and witnesses in order to conduct such investigation as provided by this section.

C. Application Denial: Upon a finding by the mayor or the designated hearing examiner that the application is in fact incomplete, erroneous or false in any respect, or that the applicant is not qualified to do business in the city under any federal, Utah state or city law, rule or regulation, or that the applicant has committed an act or acts which would justify denial of the application, such application may be denied by the mayor or the designated hearing examiner after hearing, as provided in this chapter. (Ord. 37-99 § 3, 1999: Ord. 88-86 § 38, 1986: prior code § 20-1-30)

A. Formal Requirements: All certificates of license shall be signed by the mayor, attested by the city recorder under the seal of the city, and shall contain the following information:

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

2. The kind of license, and the class of license, if such licenses are divided into classes;

3. The term of the license, stating the commencing date and the expiration date.

B. Issuance Approval: No new business license certificate which requires inspection or approval of any department of city government, whether new or renewal, shall be delivered or mailed to the licensee until issuance of such license has been approved by the mayor. (Ord. 37-99 § 3, 1999: Ord. 88-97 § 1, 1997: prior code § 20-1-14)

A. License Issuance Limitations: Unless otherwise specified by a specific ordinance, the city has thirty (30) days in which to complete its review and approve or deny a license. If a review cannot be completed within thirty (30) days, a conditional license shall be issued to the applicant subject to completion of the review, verifying the applicant meets all license requirements.

B. Appeal Time Limit: The licensee may appeal the denial of a license by the license supervisor by filing with the license supervisor a written notice of appeal. The notice must be filed within ten (10) days of receipt of notice of denial of the license. (Ord. 8-03 § 1, 2003)

Except as provided in subsection B of this section or its successor, all licenses shall be payable annually in advance.

A. Licenses Issued Prior To January 1, 1994: Except for businesses regulated under title 6 of this code, all licenses issued by the city prior to January 1, 1994, shall date from the date of issuance and shall expire on December 31 of each year, so long as the license is renewed annually without interruption.

B. Title 6 Licenses: All licenses issued by the city to businesses regulated under title 6 of this code prior to January 1, 1994, which are renewed without interruption for 1995 shall date from the date of issuance and shall expire on June 30, 1995. Said licenses shall be payable in advance for the period of January 1, 1995, through June 30, 1995. Said licenses shall be renewable on July 1, 1995, and shall expire on June 30 of each year thereafter and shall be issued for one year so long as the license is renewed annually without interruption, except temporary licenses, which shall be issued for a period of not longer than two hundred ten (210) days, and class D, special events licenses, which shall be for a period not to exceed seven (7) days. Annual licenses renewed for the period beginning July 1, 1995, shall be payable annually in advance.

C. Licenses Issued January 1, 1994, Or After: All licenses issued by the city on or after January 1, 1994, shall date from issuance by the city and shall expire the next calendar year on the first day of the same month as the original issuance. (Ord. 37-99 § 3, 1999: Ord. 109-94 § 1, 1994: Ord. 5-94 § 2, 1994: prior code § 20-1-3)

The license supervisor shall keep a suitable index containing the names of the licensees, and the names of each class of miscellaneous licensees shall be arranged alphabetically in the miscellaneous license roll. (Prior code § 20-1-4)

(Rep. by Ord. 37-99 § 1, 1999)

Every certificate of license issued shall be posted by the licensee in a conspicuous place upon the wall of the building, room or office of the store or place in which such licensed business, calling, trade or profession is carried on, so that the same may be easily seen, and when such certificate of license shall have 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, store, office or place of business after the period of such certificate or license has expired. It shall be the duty of each and every person to whom a certificate of license has been issued to show the same at any proper time when requested so to do by any police officer or license inspector. (Prior code § 20-1-15)

(Rep. by Ord. 37-99 § 3, 1999)

(Rep. by Ord. 37-99 § 1, 1999)

(Rep. by Ord. 37-99 § 3, 1999)

If any license is not renewed or license renewal fees are not paid, and the former licensee conducts any business for which a license is required during the unlicensed period, the former licensee shall pay all license renewal fees and penalties for the period of time during which no business license was in effect. No license shall be renewed until all such fees are paid. (Ord. 37-99 § 2, 1999)

(Rep. by Ord. 37-99 § 3, 1999)

A. Location Transfer: Any person to whom a business license has been issued to transact or carry on some business at a definite location in the city may make application for the transfer of his/her business license for the sole purpose of transacting or carrying on the same business as is therein mentioned at some other definite location in the city by himself or herself by filing said application with the license supervisor, together with the fee shown on the Salt Lake City consolidated fee schedule.

B. Name Change: Any person who wishes to change his/her business name for the sole purpose of transacting or carrying on the same business under a new name, shall file an application for the change of name on such person's business license with the license supervisor, along with the fee shown on the Salt Lake City consolidated fee schedule.

C. Fee For Transfer: If the business in question has any other licenses which are required under this title, or its successor, the fee for a change of address shall be as shown on the Salt Lake City consolidated fee schedule and the fee for a change of name shall be as shown on the Salt Lake City consolidated fee schedule.

D. Refundability: If the application is granted, the transfer fee shall be deposited in the city treasury. If the application is denied the transfer fee shall be returned to applicant. The mayor, or the mayor's designee, after receiving reports which shall be furnished by the license supervisor, the police department and the board of health, when necessary, may in their discretion, deny or grant the transfer of any or all of the said licenses strictly within the above limitations. (Ord. 24-11, 2011)

No license granted or issued under any of the provisions of any ordinance of the city shall be in any manner assignable, transferable or authorize any person other than the person named therein as the licensee to do the licensed business, except as may be otherwise specifically provided by ordinance. (Prior code § 20-1-18)

Hearings to consider the revocation, suspension, approval, or denial of licenses issued by Salt Lake City Corporation shall be held by or at the direction of the mayor. Notwithstanding the provisions of any other ordinance pertaining to hearings before the mayor for the suspension or revocation of licenses, such hearings may be held either before the mayor, or before any hearing examiner who has been appointed by the mayor, upon the advice and consent of the city council, to conduct such hearings. (Ord. 88-86 § 38, 1986: prior code § 20-1-23)

Any person desiring a license for which a special public hearing is required shall pay the fee shown on the Salt Lake City consolidated fee schedule before said hearing shall be set or advertised. In addition, such person shall pay all expenses incurred by the city with respect to said hearing, including fees charged by a hearing examiner, costs of recording or reporting such hearing, costs of transcription, and all other such actual costs. (Ord. 24-11, 2011)

A. Conditions Of Denial, Suspension Or Revocation: The licensee shall be responsible for the operation of the licensed premises in conformance with the ordinances of the city. Any business license issued by the city may be suspended or revoked, and any application for any business license or for the renewal of any business license may be denied, by the mayor or the designated hearing examiner, for a period of time not to exceed three (3) years after a hearing held before the mayor or at the mayor's direction, upon a finding by the mayor or the designated hearing examiner of a violation of or conviction of any of the following with respect to the licensee or licensee's operator or agent:

1. A violation of or a conviction for violating any ordinance regulating or governing the business for which said license was granted; or

2. A violation of or conviction for violating any other city ordinance or law of the state which affects the health, welfare or safety of its residents, including, but not limited to, a public nuisance, and which violation or conviction relates to the business so licensed or to be licensed; or

3. A violation of or conviction for violating an ordinance which violation or conviction resulted from the operation of the business so licensed; or

4. Any material misrepresentation or any fraud perpetrated on the licensing authority through application for, or operation of, said business.

B. Other Grounds Not Precluded: These violations shall not limit, but shall be in addition to, other grounds for the denial, suspension or revocation of any license as provided for by ordinance.

C. Theaters; Prior Violations: The foregoing provisions of this section notwithstanding, nothing herein shall authorize a revocation or suspension of any license of any theater, motion picture house or concert hall, based on a prior conviction or violation of exhibition or distribution of obscene material. (Ord. 37-99 § 3, 1999: Ord. 88-86 § 38, 1986: prior code § 20-1-24)

A. Hearing Required; Notice: Any suspension, revocation or denial of the renewal of a license by the City shall not be imposed until a hearing is first held before the Mayor or a hearing examiner appointed by the Mayor. Reasonable notice of the time and place of the hearing, together with notice of the nature of the charges or complaint against the licensee, premises or applicant sufficient to reasonably inform the licensee or applicant and enable him/her to answer such charges and complaint, shall be served upon the licensee or applicant personally or by mailing a copy to the licensee or applicant at his or her last known address.

B. Hearing Procedures: All witnesses called at such hearings shall be sworn by a person duly authorized to administer oaths, and a record of such hearing shall be made by a recording or a court reporter. A licensee or applicant shall have the right to appear at the hearing in person or by counsel, or both, present evidence, present argument on the licensee's or applicant's behalf, cross examine witnesses, and in all proper ways defend the licensee's or applicant's position. (Ord. 1-06 § 12, 2006: Ord. 37-99 § 3, 1999: Ord. 88-86 § 38, 1986: prior code § 20-1-25)

It is unlawful for any person, firm, corporation or any agent, manager or operator of any person, corporation or firm who has had a license suspended, revoked or denied by the Mayor or the Mayor's designated hearing examiner to reapply for or obtain a license, or operate a business, which has been so suspended, revoked or denied during the time that said license has been revoked, suspended or denied or for a period of one (1) year from the effective date of said suspension, revocation, or denial if no period of debarment is specified by the order of suspension, revocation, or denial. (Ord. 37-99 § 3, 1999: Ord. 88-86 § 38, 1986: prior code § 20-1-29)

The Mayor may appoint one (1) or more hearing examiners upon the advice and consent of the City Council, and the Mayor or any hearing examiner shall have power and authority to call, preside at and conduct hearings to consider the suspension, revocation, denial or approval of licenses issued by Salt Lake City Corporation, including the power to examine witnesses and receive evidence, compel the attendance of witnesses, and compel the production of documents. (Ord. 88-86 § 38, 1986: prior code § 20-1-26)

At the conclusion of any hearing held as provided in section 5.02.260 of this chapter, or its successor section, the hearing examiner shall issue or adopt written findings of fact and conclusions of law and an order which is based upon and supported by the evidence presented at the hearing. Such findings, conclusions and order shall have full force and effect upon issuance, and shall be binding upon all parties as of the date and time of such issuance. The City and the licensee or applicant may appeal such findings, conclusions and order to a court of competent jurisdiction within thirty (30) days of the date on which the hearing examiner issues such findings, conclusions and order. (Ord. 31-17, 2017)

(Rep. by Ord. 37-99 § 1, 1999)

At the request of any party, subpoenas for attendance at any hearing or for production of books, papers, documents or tangible things shall be issued as provided in title 2, chapter 2.59 of this Code or its successor chapter. (Ord. 37-99 § 3, 1999: prior code § 20-1-31)