Chapter 5.02
BUSINESS LICENSE REQUIREMENTS
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)
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)
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. Photo Identification: A copy of a government-issued photo identification (such as a driver's license, passport, or similar form of identification) must also be included in the application. If the applicant is a corporation or a partnership, the photo identification required herein shall be provided with respect to at least one officer of a corporation or member of a partnership.
7. Registered Agent: The application shall also include the name, address, and phone number of the registered agent for any corporation or licensee.
8. Professional Licenses: Documentation demonstrating the applicant possesses any professional licenses or certifications required to operate the business identified in the application.
9. 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. 44-18, 2018)
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)
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)
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)
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)