“Licensee” means any person to whom a license has been issued pursuant to the provisions of this chapter.

“Person” means all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, corporations, Massachusetts business or common law trusts, societies and individuals engaged in any business in the city. (Ord. 98-1, repealed and replaced, 2000; Ord. 106 §1, amended, 1984)

1. There are imposed, upon the businesses, trades, professions, callings and occupations transacted and carried on in the city, license fees in the amounts adopted by resolution and set forth in a separate schedule. It is unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the city without first having procured a license from the city to so do and without complying with all applicable provisions of this chapter, and any violation of this chapter or failure to comply with any provisions of this chapter shall be punishable as a Class B misdemeanor.

2. This section shall not be construed to require any person to obtain a license prior to doing business within the city if such requirement conflicts with applicable statutes of the United States or of this state. (Ord. 98-1, repealed and replaced, 2000; Ord. 106 §1, amended, 1984)

1. Nothing in this chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt, by virtue of the Constitution or applicable statutes of the United States or of this state, from the payment of fees prescribed by this chapter.

2. Any person claiming an exemption pursuant to this section shall file a verified statement with the business license clerk, stating facts upon which exemption is claimed.

3. The business license clerk shall, upon a proper showing contained in the verified statement, issue a license to such person claiming exemption under this section without payment to the city of the license fee required by this chapter.

4. The business license clerk, after giving notice and reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein.

5. Persons engaging in casual sales totaling less than $1,000.00 per calendar year are not required to pay the license fee or obtain a business license. (Ord. 98-1, repealed and replaced, 2000; Ord. 106 § 6, amended, 1984)

1. The name of the person to whom the license is issued;

2. The business licensed;

3. The place where such business is to be transacted and carried on;

4. The date of the expiration of such license; and

5. Such other information as may be necessary for the enforcement of the provisions of this chapter. (Ord. 98-1, repealed and replaced, 2000; Ord. 106 §7, amended, 1984)

1. Any licensee transacting and carrying on business at a fixed place of business in the city shall keep a license posted in a conspicuous place upon the premises where such business is carried on.

2. Any licensee transacting and carrying on business but not operating a fixed place of business in the city shall keep a license upon his person at all times while transacting and carrying on such business. (Ord. 98-1, repealed and replaced, 2000; Ord. 106 §15, amended, 1984)

1. It shall be the duty of the business license clerk to enforce all of the provisions of this chapter. The chief of police shall render such assistance in the enforcement of this chapter as may from time to time be required by the business license clerk or the city council.

2. The business license clerk, in the exercise of the duties imposed upon him under this chapter, and acting through his deputies or duly authorized assistants shall examine or cause to be examined all places of business in the city to ascertain whether the provisions of this chapter have been complied with.

3. The business license clerk and each of his assistants and any police officer shall have the power and authority to enter, free of charge and at any reasonable time, any place of business required to be licensed under this chapter and demand an exhibition of its license certificate. It is unlawful for any person having any such license certificate in his possession under his control, to willfully fail to exhibit the same on demand. It shall be the duty of the business license clerk and each of his assistants to cause a criminal information to be filed against any person found to be violating any of the provisions of this chapter. (Ord. 98-1, repealed and replaced, 2000; Ord. 106 §18, amended, 1984)

“Additional, other programming service or optional service” means information that an Operator makes available to all Subscribers generally.

“Affiliate” when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person.

“Basic service” means the lowest priced tier of Cable Service that includes the retransmission of local broadcast television signals.

“Cable Act” means the Title VI of the Communications Act of 1934 as currently established or as hereafter modified or amended.

“Cable Franchise Ordinance” shall mean this ordinance as approved or modified by the City Council of Lindon City.

“Cable Services” shall mean (1) the one-way transmission to Subscribers of (a) video programming, or (b) other programming service, and (2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programing service.

“City” means Lindon City, Utah and such reorganized, consolidated, enlarged or reincorporated form as may exist during the term of a franchise. Any act to be performed by the City pursuant to this ordinance shall be deemed to be performed by authority of the City Council unless otherwise specifically designated or unless the City’s City Council shall specifically designate other individuals or governmental agencies to perform such acts.

“Franchise” means an initial authorization, or renewal thereof issued by the City, whether such authorization is designated as a Franchise, permit, license, resolution, contract, certificate, agreement or otherwise, which authorizes the construction or operation of a Cable System and includes the agreement between the City and any person or entity which incorporates and implements the privileges and covenants of this Franchise Ordinance.

“May” is permissive.

“Network or Cable System” means the facilities, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designated to provide Cable Services which includes video programming and which is provided to multiple Subscribers within the Service Area and is authorized by this Franchise Ordinance.

“Operator” means any person or group of persons who provides Cable Service over a Cable System and directly or through one or more affiliates owns a significant interest in such Cable System, or who otherwise controls or is responsible for, through any arrangement, the management and operation of such a Cable System.

“Person” means any individual, partnership, association, joint stock company, trust, or governmental entity.

“Gross Revenues” means all revenues in whatever form, from any source, directly received by the Operator or Affiliate of the Operator that would constitute a Cable Operator of the Cable System under the Cable Act, derived from the operation of the Cable System to provide Cable Services in any manner that requires use of the Public Ways in the Service Area. Gross Revenues shall include, but are not limited to, basic, expanded basic and pay service revenues, revenues from installation, rental of converters, the applicable percentage of the sale of local and regional advertising time, cable Internet services to the extent this service is considered to be a Cable Service as defined by law, and any leased access revenues.

“Gross Revenues” do not include any fees or taxes which are imposed directly or indirectly on any Subscriber by any governmental unit or agency, and which are collected by the Grantee on behalf of a governmental unit or agency. Gross Revenues do not include franchise fees, or revenue which cannot be collected by the Grantee and are identified as bad debt; provided, that if revenue previously representing bad debt is collected, this revenue shall be included in Gross Revenues for the collection period.

“Service area” shall mean all geographical areas within the incorporated portions of the City and any area hereinafter incorporated into the City.

“Shall” and “Must” are mandatory and not merely directory.

“State” means the State of Utah.

“Street or Public Way” shall mean such of the following which have been or hereafter will be dedicated to the public or rights-of-way not dedicated to the public which the City uses or rights-of-way dedicated for compatible uses and maintained under public authority and located within the service area: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, right-of-way and similar public ways and extensions and additions thereto, together with such other public property and areas that the City shall permit to be included within the definition of street from time to time which shall entitle the City and the Operator to the use thereof for the purpose of installing, operating, repairing, and maintaining the Cable System.

“Subscriber” shall mean any person who with the knowledge and permission of an Operator received either basic service or additional or optional service from the Operator.

1. Franchise area. The franchise area shall include all of the service area.

2. Franchise term. A franchise may be granted for up to fifteen (15) years. The specific term of franchise together with the effective and expiration dates shall be specified in the franchise agreement.

1. Franchise non-exclusive. No franchise agreement shall be exclusive. The City reserves the right to grant a similar franchise to any person at any time in accordance with applicable law.

2. Authority granted. Execution of a franchise agreement between the City and an Operator shall grant to the Operator the right and privilege to construct, erect, operate, modify, and maintain in, upon, along, above, over and under the streets, alleys, easements (including all easements occupied by any utility operated by the City or any public easements which are occupied by utilities or other compatible uses), public ways and public places and on all poles or through such conduit as may exist, such towers, antennas, cable, electronic equipment, and other network appurtenances necessary for the operation of the network in the City; provided, however, that the exercise of such right and privilege shall not interfere with the use of such streets by the City and such others as designated by the City to use such streets and public ways, and provided that the exercise of such right and privilege shall not be in conflict with any ordinance, procedure, code or regulation of the City.

3. Consent prior to transfer of franchise. The franchise described herein is a privilege to be held for the benefit of the public. The franchise shall not be sold, transferred, leased, assigned or disposed of, including, but not limited to, by force or voluntary sale, merger, consolidation, receivership, foreclosure or other means without the express written consent of the City Council of the City; provided, however, that denial of such consent shall not be unreasonable, arbitrary or capricious. No such consent shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, or by assignment of any rights, title, or interest of the Operator in the Franchise or Cable System in order to secure indebtedness. Within thirty (30) days of receiving a request for transfer, the City shall notify the Operator in writing of any additional information it reasonably requires to determine the legal, financial and technical qualifications of the transferee. If the City has not taken action on the Operator’s request for transfer within one hundred twenty (120) days after receiving such request, consent by the City shall be deemed given. In no event shall a transfer of ownership be effective without a successor in interest becoming a signatory to the franchise agreement by providing the City written acceptance of all provisions of this Franchise ordinance in a form acceptable to the City. Failure to provide acceptable written acceptance shall be cause for revocation of the franchise.

4. Mortgage or pledge of network. Nothing in this ordinance shall be deemed to prohibit the mortgage or the pledge of any franchise granted pursuant to this Ordinance, or of the Network or any part thereof or a leasing by the Operator from another person of said Network or part thereof for financing purposes. However, any such mortgage, pledge or lease shall be subject to the rights of the City under this Ordinance and other applicable laws.

5. No right of property. Anything contained herein to the contrary notwithstanding, the award of any franchise shall not impart to any Operator any right of ownership of streets or City-owned property or ownership of easement.

6. Franchise binding. Upon execution of a franchise agreement, this ordinance shall be binding upon the Operator, its successors, lessees or assignees and the City. This ordinance shall be binding upon any entity which is controlled by, or under common control with, the Operator.

7. Compliance with laws, rules and regulations. The Operator, at its expense, shall comply with all laws, orders and regulations of federal, state and municipal authorities and with any direction of any public officer or officers pursuant to law who shall legally impose any regulations, orders or duties upon the Operator.

1. Operator rules and regulations. The Operator may adopt rules, regulations, terms, and conditions governing the conduct of its business as are reasonable necessary to enable the Operator to exercise its rights and perform its obligations under the franchise. Any such rules, regulations, terms and conditions shall be in compliance with this ordinance and with applicable state and federal laws, rules and regulations. Upon request by the City, copies of all rules, regulations, terms and conditions including subscriber agreements together with any amendments, additions, or deletions thereto, shall be kept currently on file with the city official designated to enforce provisions of the Franchise ordinance. Subscriber agreements shall give notice of the office or manager of the Operator to whom complaints shall be directed.

2. Transmission signals. The Operator shall be responsible for insuring that the Cable System is designed, installed and operated in a manner that is in compliance with the technical and performance standards of the FCC rules in Subpart K of Part 76 of Chapter I of Title 47 of the Code of Federal Regulations as revised or amended from time to time. The Operator shall maintain tests and records in accordance with these rules and shall provide access to such documentation to the City upon reasonable request; however, the City has no authority, pursuant to federal law, to enforce compliance with such standards.

3. Signal disruption. Excluding conditions beyond its control, the Operator shall respond to subscriber outage or poor signal reception as expediently as reasonably possible after receipt of any subscriber complaint, and in any event within twenty-four (24) hours after the disruption becomes known. Service and technical employees of the Operator shall be clearly identified as employees of the Operator. Repairs to the network shall be made with as little interruption of service as possible. When possible, planned interruptions shall be scheduled at times of minimum subscriber viewing.

4. Complaint file–and reports. The Operator shall keep an accurate and comprehensive file of all complaints regarding the cable communications system and the Operator’s actions in response to those complaints. The Operator shall also maintain a log and summary of all service interruptions. The files shall be available for inspection by the City during normal business hours provided such inspection does not conflict with the privacy provisions of the Cable Act and this Ordinance.

5. Notification of access to property. The Operator shall provide reasonable notice to subscribers and property owners before it enters upon or crosses any private property in order to access a public easement or right of way. For any type of construction, reasonable notice shall include personal contact with the owner or resident (at least 18 years of age) at least three (3) days prior to the access. If personal contact cannot be made, reasonable notice shall include mailing or posting the property with a description of the work to be done, the purpose of the work, the date and time of the work, and the authority under which the Operator may have access. All notices whether written or in person shall include a telephone number that individuals may call to ask questions or obtain additional information.

6. Restoration by Operator. The Operator shall repair, refill, replace and otherwise restore at its own expense any private or public property disrupted or managed as a result of excavation, construction, maintenance, or repair that may be caused by it and shall leave all ways and places in as reasonable good condition as that prevailing prior to the Operator’s activities without affecting any electrical or telephone cable, wire, or attachments and poles.

7. Restoration by City–Reimbursement of costs. In the event of a failure by the Operator to complete within a reasonable period of time any restoration work required by this ordinance, or any other work required by City ordinance, within the time established and to the satisfaction of the City, the City shall give the Operator, by registered mail, five (5) working days’ notice to correct the failure. If the failure is not corrected within the five (5) day period, the City may cause such work to be done and the Operator shall reimburse the City the costs thereof within thirty (30) days after receipt of an itemized list of such costs.

8. Notification of change in service. The Operator shall provide reasonable notice to subscribers and the City of any changes in service including but not limited to changes in available channels, tiers of service, and costs of services. Reasonable notice shall include printed notice to all subscribers and a letter to the City which details the change in service distributed at least thirty (30) days prior to the effective date of the change.

9. Rates. The Operator shall establish rates for its services and shall apply those rates uniformly to all subscribers in the service area. The Operator may conduct promotional campaigns in which its rates are discounted or waived, or offer bulk discounts for multiple dwelling units, hotels, motels, and similar institutions. The City may regulate rates to the extent now or hereafter permitted by applicable law.

10. Compliance, Books and Records. The Operator shall allow the City, upon thirty (30) days written notice, to review such of its books and records at the Operator’s business office, during normal business hours and on a non-disruptive basis, as is reasonably necessary to ensure compliance with the terms of this Ordinance and/or the Franchise. Such notice shall specifically reference the Section of the Ordinance and/or Franchise which is under review, so that the Operator may organize the necessary books and records for easy access by the City. Alternatively, if the books and records are not easily accessible at the local office of the Operator, the Operator may, at its sole option, choose to pay the reasonable travel costs of the City’s representative to view the books and records at the appropriate location. The Operator shall not be required to maintain any books and records for compliance purposes longer than three (3) years. Notwithstanding anything to the contrary set forth herein, the Operator shall not be required to disclose information which it reasonably deems to be proprietary or confidential in nature, nor disclose books or records of any affiliate which is not providing Cable Service in the Service Area. The City agrees to treat any information disclosed by the Operator as confidential and only to disclose it to employees, representatives, and agents thereof that have a need to know, or in order to enforce the provisions hereof. The Operator shall not be required to provide Subscriber information in violation of Section 631 of the Cable Act.

11. Availability of reports to the public. Such reports as required under this ordinance must be available to the public in the office of the Operator during normal business hours.

12. Legal proceedings. Operator shall notify the City in writing of any actions, suits, proceedings, or investigations at law or in equity before or by a Court, public board or body, pending or threatened against or affecting Operator, wherein a decision, finding or ruling would have a materially adverse effect on the Operator’s ability to construct or operate the network.

1. The Operator will maintain a local, toll-free or collect call telephone access line which will be available to Subscribers twenty-four hours a day, seven days a week.

2. Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, will not exceed thirty seconds when the connection is made. If the call needs to be transferred, transfer time will not exceed thirty seconds. These standards will be met no less than ninety percent of the time under Normal Operating Conditions, as measured by the Operator on a quarterly basis.

3. The Operator shall not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards set forth above unless a historical record of complaints indicates a clear failure to comply with the standards.

4. Under Normal Operating Conditions, the Subscriber will receive a busy signal less than three percent of the time.

5. Customer service center and bill payment locations will be open during Normal Business Hours and will be conveniently located.

6. Notice to subscribers. At the time of entering into an agreement to provide service, once a year thereafter and at any time upon request, the Operator shall provide each subscriber with written information concerning:

7. The costs associated with providing the annual notice shall be subject to the cost limitations of the 1984 Cable Act, or other applicable law.

1. Extension throughout service area. The Operator shall design and construct the cable communications system in such a manner as to pass by every single-family dwelling unit, multifamily dwelling unit, school, and public agency within the service area so long as it is financially and technically feasible. Service shall be extended to all properties where a minimum of ten (10) living units are occupied within a quarter linear mile of cable system. New construction shall be in accordance with an annual schedule accepted and approved by the City.

2. Non-discriminating service. Construction of the network shall be performed by the Operator in such a manner as to ensure that no group of potential subscribers is denied access to services because of the income level of the group or because of the relative cost of extending services into the particular area in which the group resides; provided however, that such extension may be denied based upon the density requirements stated above.

3. Service to public facilities. Upon request, the Operator shall provide one basic service outlet to all City buildings, fire houses, police stations, public or private schools, and libraries which are within the City and are passed by the Cable System. The Cable Service provided shall not be used for commercial purposes, and such outlets shall not be located in areas open to the public. The City shall take reasonable precautions to prevent any use of the Cable system in any manner that results in the inappropriate use thereof or any loss or damage to the Cable System. The City shall hold the Operator harmless from any and all liability or claims arising out of the provision and use of Cable Service required by this subsection. The Operator shall not be required to provide an outlet to such buildings where a non-standard installation is required, unless the City or building owner/occupant agrees to pay the incremental cost of any necessary Cable System extension and/or non-Standard Installation. An additional service outlet shall also be provided in each room or area where television reception is desired in any of the above-mentioned building, provided that the Operator shall be reimbursed its actual cost for labor and materials required in the installation of such service outlets which are additional to the main outlet, but no service or other charge will be made after installation.

4. Educational and governmental channels. The City shall have exclusive right to the use of dedicated channels for educational and governmental purposes, (the “City Access Channels”). The Operator shall make available one channel to be used for educational and governmental cablecast programming. When first-run programming on the first City Access Channel occupies fifty percent of the hours between 11:00 a.m. and 11:00 p.m., for any twelve consecutive weeks, the City may request the use of one additional channel for the same purpose. The additional channel must maintain programming twenty-five percent (25%) of the hours between 11:00 a.m. and 11:00 p.m. for twelve consecutive weeks. If this level of programming is not maintained for any channel, that channel will return to the Operator for its use. The Operator also reserves the right to program the designated City Access Channel (2) during the hours not used by the City or other governmental entities. The channel(s) shall be shared with other municipalities receiving programming from the common headend receive site location. The City shall agree to indemnify, save and hold harmless the Operator from and against any liability resulting from the use of the aforementioned City Access Channel(s) by the City. The City may require as part of a Franchise authorization that the Operator prospectively provide a “Capital Contribution,” paid annually during the remaining term of the Franchise, to be used specifically for educational and governmental access. The City shall give the Operator ninety (90) days’ notice of such a requirement. The amount of the Capital Contribution payable by the Operator to the City shall be designated in the Franchise. The City agrees that all amounts due to the City by the Operator as the Capital Contribution may be added to the price of cable services, prorated monthly, and collected from the Operator’s Subscribers as “external costs,” as such term is used in 47 C.F.R. 76.922. In addition, all amounts paid as the Capital Contribution may be separately stated on Subscriber’s bills as permitted in 47 C.F.R. 76.985. The Capital Contribution will be payable by Operator to the City after;

1. Existing facilities. The Operator shall utilize existing poles, conduits, and other facilities whenever feasible and shall not construct or install any new, different, or additional poles, conduits, or other facilities whether on public or private property until the written approval of the City is obtained.

2. Underground installation. The facilities of the Operator shall be installed underground to the fullest extent possible. In areas where either telephone or electric utility facilities are installed aerially at the time of construction of the Network the Operator may install its facilities aerially with the understanding that at such time as both telephone and electrical facilities are relocated underground, the Operator shall likewise place its facilities underground. Previously installed aerial cable shall be relocated with other utilities at the Operator’s cost when the other utilities convert from aerial to underground construction. Any streets or sidewalks damaged or disturbed in the construction or operation of Operator’s poles, cable and other installations shall be promptly repaired and restored by the Operator at its expense and to the reasonable satisfaction of the City.

3. Location and condition. The Operator shall locate all transmission lines, equipment, and structures so as to cause minimum interference with the rights and reasonable convenience of property owners. The Operator shall install and maintain its lines, equipment and structures in accordance with the requirements of the National Electrical Safety Code promulgated by the National Bureau of Standards and the National Electrical Code of the National Board of Fire Underwriters.

4. Excavation permits. The Operator shall not open or disturb the surface of any street, sidewalk, driveway, or public place for any purpose without first obtaining a permit of general applicability to do so from the City. In addition, where existing conduit or backyard easements are not available for underground installation, the Operator shall design the network in such a manner as to permit construction behind and parallel with street curbing, in parking strips, or under the sidewalks where available, with a minimum of street excavation.

5. Easements. Prior to the installation of any of Operator’s facilities in a parking strip or public utility easements by Operator, Operator shall provide advance written notification to any property owners on whose property the easement is located. Such advance notification shall be delivered at least two (2) days prior to installation of such facilities. Such notification shall set forth the date during which Operator may be installing facilities in the public utility easement, and shall provide a telephone number where property owners may call Operator pertaining to any questions or complaints concerning use of the public utility easement by Operator. Upon commencement of installation of facilities in a public utility easement, the Operator shall proceed diligently to complete that installation. No trenches or otherwise uncovered areas shall be left open longer than necessary to complete the installation.

6. Changes required by public improvements. The Operator shall at its expense, temporarily disconnect, relocate or remove from the street or other public place any property of the Operator when required by the City by reason of traffic conditions, public safety, street vacation, street construction, street repair, installation or repair of sewer drains, water pipes, or any other type of structure or improvement by public agencies. If the City elects to change the grade of any street or public way, or to vacate or otherwise alter the same, the Operator shall relocate its poles and other installations at Operator’s expense.

7. Protection of facilities. Nothing contained in this section shall relieve the City of any person, company or corporation from liability arising out of the failure to exercise reasonable care to avoid damaging the Operator’s facilities while performing work connected with grading, regrading, or changing the line of any street or public place or with the construction or reconstruction of any sewer or water system.

8. Requests for removal or change. The Operator shall, at the request of any person holding a building or moving permit, temporarily raise or lower its wires to permit the building or moving to proceed.

The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the action, and the Operator shall have the authority to require such payment in advance. The Operator shall be given no less than five (5) days written notice of any move contemplated to arrange for temporary wire changes.

9. Authority to trim trees. After receiving written consent from the City the Operator shall have the authority to trim trees, upon and overhanging streets, alleys, sidewalks, and other public places of the City so as to prevent the branches of such trees from coming into contact with the wires and cables of the Operator. Provided, however, that in the event of an emergency, no consent shall be necessary to remedy the emergency. The same requirements for notice that are specified for access to private property shall be required prior to trimming trees.

10. Restoration or reimbursements. In the event of disturbance of any street or private property by the Operator, the Operator shall, at its own expense and in a manner approved by the city or the owner, replace and restore such street or private property in as reasonable good a condition as before the work was done. All restoration work shall be guaranteed by the Operator for a period of one year to be free from material defects. In the event there is any problem with restoration work, the Operator shall, upon written notice from the City, repair the defect within fifteen (15) days (weather permitting) of receiving notice unless otherwise agreed upon by the City. In the event Operator fails to perform such replacement or restoration, the City shall have the right to do so at the sole expense of Operator.

11. Emergency removal of network. If in the case of fire or disaster in the City it shall become necessary in the reasonable judgment of the City to cut or move any of the wires, cables, amplifiers or other such appurtenances to the Network of the Operator, such cutting or moving may be completed after a reasonable attempt to contact the Operator has been made. Any repairs rendered necessary thereby shall be made by the Operator at its sole expense.

12. Alternate routing of network. In the event continued use of a street or other easement or right-of-way is denied to the Operator by the City, the Operator shall provide service to the effected subscribers over alternate routes within a reasonable period of time agreed upon by the City so long as it is financially and technically feasible to do so.

1. Operator agrees to the City’s right. The City reserves such rights and powers, including the lawful exercise of police power, which under applicable Federal, State or City law or regulations, the City must reserve and maintain. The Operator agrees to comply with all rules and regulations now in effect or hereafter adopted by the City, the Federal Communications Commission, the State of Utah and the United States Government.

1. Franchise fee. The Operator shall pay to the City on a quarterly basis, on or before April 30, July 30, October 31, and January 31 of each year, a percent of the total Gross Revenues (as defined in this Ordinance) of the Operator during the immediate past quarter together with a financial statement listing the gross receipts and revenues of the Operator during that quarter. The percent of total Gross Revenues shall equal the percent in the Franchise and shall be consistent with applicable law. Notwithstanding anything contained herein to the contrary and in the event that the City is authorized by federal law to either increase or decrease the maximum permissible franchise fee amount, then the City shall have the right to change the franchise fee amount, without the consent of the Operator, provided that the Operator has received at least ninety (90) days prior written notice from the City of such change.

2. Verification. All books and records showing the Gross Revenues of the Operator shall be open at all reasonable times to the inspection of the City or agent appointed by the City in order to insure compliance with the terms of this Ordinance and/or the Franchise.

3. Additional compensation. In any payment amount is not made on or before the dates specified, the Operator shall pay interest on the amount due at the prime rate as listed in the Wall Street Journal on the date that the payment was due, compounded daily, calculated from the date the payment was originally due until the date the City receives the payment. The acceptance of any payment by the City may not be construed as a release or as an accord and satisfaction of any claim the City may have for further and additional sums payable as a franchise fee under this ordinance or for the performance of any other obligation of the Operator.

4. Pass-through fees. Any Operator “Pass-through” or itemization of franchise fee costs on subscribers’ bills shall be in accordance with applicable law.

1. Effective date of franchise. A franchise, together with the rights, privileges and authority granted thereby, shall take effect and being forced immediately upon adoption of the franchise agreement by the City Council of the City, and compliance by the Operator with the following:

2. Surety bond. The City may upon execution of the franchise agreement, require the Operator to provide an irrevocable, non-canceling surety bond to the sole benefit of the City in the amount of ten thousand dollars ($10,000.00). The surety bond shall be in a form approved by the City and shall be maintained throughout the term of the franchise. The surety company shall be authorized to transact surety business in the State of Utah. Multiple and partial drawings on the bond shall be permitted. The surety bond shall be established as security to the City for the faithful performance of the Operator of all the provisions of this Ordinance and compliance with all orders, permits, and directions of any agency of the City having jurisdiction over the Operator’s acts or defaults under the franchise or any other provision of the City code. The bond shall also act as security to the City for the payment by the Operator of any claims, liens, and taxes due to the City that arise by reason of the construction, operation, or maintenance of the Network. No demands shall be made on the surety bond without providing the Operator opportunity to correct the default. Within thirty (30) days of notice that any amount has been demanded from the surety bond, the Operator shall restore the bond to the original amount.

3. Public liability insurance. Upon execution of the franchise agreement, the Operator shall provide proof of general comprehensive liability insurance coverage protecting the City against liability for loss or damage for personal injury, death, or property damage, occasioned by the operations of Operator under this ordinance in the amount of: (a) $500,000.00 for bodily injury or death to any one person, within the limits, however, of $1,000,000.00 for bodily injury or death resulting from any one accident, (b) $500,000.00 for property damage resulting from any one accident, and (c) worker’s compensation insurance coverage as may be required by the worker’s compensation insurance and safety laws of the State of Utah and amendments thereto. The insurance policies referred to above shall contain an endorsement stating that the policies are extended to cover the liability assumed by the Operator under the terms of this ordinance and shall contain the following endorsements:

It is hereby understood and agreed that this policy may not be canceled nor the amount of coverage thereof reduced until thirty (30) days after receipt by Lindon City by registered mail of written notice of such intent to cancel or reduce the coverage.

4. Evidence of insurance filed with city. Certificates of insurance for all insurance policies shall be filed and maintained with the City during the term of the franchise or any renewal thereof. Certified copies of the insurance policies shall be provided to the City upon reasonable request.

5. Inducements–Not offered. The Operator, by acceptance of the franchise agreement, acknowledges that it has not been induced to accept the franchise by any understanding or promise or other statement, whether verbal or written, by or on behalf of the City concerning any term or condition of the franchise.

6. Operator accepts terms of the franchise. The Operator, by acceptance of the franchise agreement, acknowledges that it has thoroughly examined, is familiar with, and agrees to be bound by the terms of conditions of this ordinance.

1. Termination of franchise. The Operator may, at its option, terminate the franchise and surrender all rights and privileges associated with the franchise upon filing with the City a written notification of its intent to terminate the franchise and surrender all rights thereunder. Any such termination shall not become effective for a period of ninety (90) days from the date on which the Operator files notifications with the City. Operator shall remain liable for any breach of the franchise notwithstanding said termination.

2. Termination by city. A franchise may be terminated by the City for any material violation of the franchise but only after a hearing before the City Council. Prior to setting a termination hearing, the Operator shall be given at least sixty (60) days’ notice by certified mail that the Operator has violated a material provision of the franchise and that the City Council will consider setting a termination hearing. The notice shall include a description of the violation which is grounds for conducting a termination hearing. In the event that the Operator has not cured the matter which constitutes a material violation of the franchise within the sixty (60) days’ notice period, or has not commenced, in the opinion of the City, reasonable and diligent efforts to cure the matter, the City Council may set a public hearing to determine whether or not the franchise should be terminated. The City shall provide thirty (30) days written notice to the Operator of the date and time of the termination hearing. The hearing shall be a full public proceeding affording due process. The City Council shall consider the evidence and determine whether or not the franchise should be terminated. The Operator may appeal such determination to an appropriate court, which shall have the power to review the decision of the City de novo. Such appeal to the appropriate court must be taken within sixty (60) days of the issuance of the determination of the City.

3. Ownership of network. Upon termination of a franchise, the Operator shall retain ownership of the network and shall be entitled at its option and expense to transfer or abandon the network. Any transfer of franchise and any transfer of ownership of the network shall meet the conditions of section 4, paragraph D, the Cable Act, and other applicable law. Should Operator elect to remove the network, and/or any part thereof, upon termination of a franchise, Operator shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good condition as that prevailing prior to Operator’s removal of the network, without affecting any electrical or telephone cables, wires, or attachments, and poles after removal. The liability insurance and indemnity as provided herein shall continue in full force and effect during the period of removal and until substantial compliance by Operator with the terms and conditions of this subsection. In the event of a failure by Operator to complete any work required by this subsection or any other work required by this ordinance, the City may cause such work to be done and Operator shall reimburse the City the reasonable costs thereof within ninety (90) days after receipt of an itemized list of such costs.

1. Indemnification of City in franchise operation. The Operator shall fully indemnify, defend and hold harmless the City, its officers, boards, commissions, elected officials, agents, attorneys, representative, servants and employees against any and all costs, damages, expenses, claims, suits, actions, liabilities, and judgments for damages, including but not limited to, expenses for legal fees, whether suit be brought or not, whether meritorious or frivolous, and disbursements and liabilities incurred by the City and arising out of, directly or indirectly, or related to, the operation of the Operator’s cable television system including but not by way of limitation in connection with the following:

2. Defense of the City. If suit for which the Operator has agreed to indemnify the city as set forth in the preceding subsection is brought or threatened against the City, either independently or jointly with the operator, or with any other person or municipality; the Operator, upon timely written notice given by the City, shall defend the City at the cost of the Operator. No right of indemnification shall be effective until such notice and a copy of the suit or other action for which indemnification is sought is provided to the Operator. If final judgment is obtained against the City either independently or jointly with the Operator or any of the defendants, the Operator shall indemnify the City and pay such judgment with all costs and satisfy and discharge the same as against the City in accordance with this section.

3. Cooperation in defense of City. In the event that the City elects to invoke its right of indemnification as set forth in this Ordinance, the City will cooperate with the reasonable requests of Operator in defending the City against any and all claims for which indemnification is sought. The Operator shall be subrogated to all rights of the City and, in defending the City, shall be entitled to assert any defense to any third-party claim which the City would be entitled to assert. The City may, in its sole discretion, elect to conduct its own defense at its own expense by giving the Operator written notice of the City’s intent to provide its own defense and, upon such election, the Operator shall have no further duty to indemnify the City for any costs or liabilities with respect to such claims.

4. Governmental immunity. The City is in no manner or means waiving any governmental immunity it may enjoy or any immunity for its agents, officials, servants, attorneys, representatives, and/or employees.

5. Notification of settlements. The Operator shall make no settlement in any matter identified above without the City’s written consent which shall not be unreasonably withheld. Failure to inform the City of settlement shall constitute a breach of this Franchise ordinance and the city may seek any redress available to it against the Operator whether set forth in this Franchise ordinance or under any other municipal, state or federal laws, or common law. In the event that the City fails to accept any bona fide settlement offer which the Operator is willing to accept and pay as full settlement of any claim or claims for which it is required to indemnify the City, the Operator’s indemnification liability to the City with respect to said claim or claims under this Ordinance shall be limited to the terms of the settlement offer and the Operator shall be excused from any further indemnification to, or incurring any additional costs on behalf of, the City with respect to said claim or claims.

6. Additional rights. All rights of the City pursuant to indemnification, insurance, surety bond, or performance bonds, as provided for by this Franchise ordinance, are in addition to all other rights the City may have under this Franchise Ordinance or any other Ordinance, rule, regulation, or law.

7. Exercise of rights. The City’s or the Operator’s exercise of or failure to exercise any rights pursuant to any section of this Franchise Ordinance shall not affect in any way the right of the City or the Operator subsequently to exercise any such rights or any other right of the City or the Operator under this Franchise Ordinance or any other ordinance, rule, regulation, or law.

8. Reasonable indemnification. It is the purpose of this section to provide reasonable indemnification to the City under the terms and conditions expressed and, in the event of a dispute, this section shall be construed (to the greatest extent permitted by law) to provide for the indemnification of the City by the Operator in accordance with its terms.

9. Validity of section. The provisions of this section shall not be dependent or conditioned upon the validity of this Franchise Ordinance or the validity of any of the procedures or agreements involved in the renewal of the franchise, but shall be and remain a binding right and obligation of the City and the Operator even if part or all of this Franchise Ordinance, or the grant or renewal of the franchise, is declared null and void in a legal or administrative proceeding. It is expressly the intent of the Operator and the City that the provisions of this section survive any such declaration and shall be a binding obligation of and inure to the benefit of the Operator and the City and their respective successors and assigns (if any) with respect to any claims arising out of or related to, directly or indirectly, the operation of the cable system.

10. An Operator shall not be held in default under, or in noncompliance with, the provisions of the Ordinance and/or Franchise, nor suffer any enforcement or penalty relating to noncompliance or default, where such noncompliance or alleged defaults occurred or were caused by circumstances reasonably beyond the ability of Operator to anticipate and control. This provision includes work delays caused by waiting for utility providers to service or monitor their utility poles to which the Operator’s Cable System is attached, as well as unavailability of materials and/or qualified labor to perform the work necessary.

11. It is not the City’s intention to subject an Operator to penalties, fines, forfeitures or revocation of a Franchise for violations of the Franchise where the violation was a good faith error that resulted in no or minimal negative impact on the Subscribers within the Service Area, or where strict performance would result in practical difficulties and hardship to the Operator which outweigh the benefit to be derived by the City and/or Subscribers.

12. If any section, subsection, sentence, clause, phrase, or word of this ordinance is for any reason held invalid by the FCC or unconstitutional by any court or competent jurisdiction, such section, subsection, sentence, clause, phrase, or word shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof or of this Ordinance. The Operator shall not be bound by the provisions of any ordinances which are inconsistent with the terms of this Franchise Ordinance. (Ord. 2002-13, repealed and replaced, 2002; Ord. 14-94, amended, 1994)

1. Findings Regarding Rights-of-Way. The City of Lindon finds that the Rights-of-Way within the City:

2. Finding Regarding Compensation. The City finds that the City should receive fair and reasonable compensation for use of the Rights-of-Way.

3. Finding Regarding Local Concern. The City finds that while Telecommunications Systems are in part an extension of interstate commerce, their operations also involve Rights-of-Way, municipal franchising, and vital business and community service, which are of local concern.

4. Finding regarding Promotion of Telecommunications Services. The City finds that it is in the best interests of its taxpayers and citizens to promote the development of Telecommunications Services, on a nondiscrimination basis, responsive to community and public interest, and to assure availability for municipal, educational and community services.

5. Findings Regarding Franchise Standards. The City finds that it is in the interests of the public to Franchise and to establish standards for franchising Providers in a manner that:

6. Power to Manage Rights-of-Way. The City adopts this Telecommunications Ordinance pursuant to its power to manage the Rights-of-Way, pursuant to common law, the Utah Constitution and statutory authority, and receive fair and reasonable, compensation for the use of Rights-of-Way by Providers as expressly set forth by Section 253 of the Act.

1. Cable TV. This Ordinance shall not apply to cable television operators otherwise regulated by Chapter 5.05 (the “Cable Television Ordinance”).

2. Wireless Services. This Ordinance shall not apply to Personal Wireless Service Facilities.

1. Application Fee. At the time of application, a Provider shall pay, in addition to all other fees, permits or charges, a $500 non-refundable application fee to the City.

2. Franchise Fees. The Franchise fee, if any, shall be set forth in the Franchise Agreement, or as amended by ordinance or resolution. The obligation to pay a Franchise fee shall commence on the Completion Date. The franchise fee is offset by any annual or up-front fees referred to in the franchise agreement.

3. Excavation Permits. The Provider shall also pay fees required for an excavation permit as provided in Chapters 12.16 and 17.30. (Ord. 2000-12, amended, 2000)

1. Obtaining an order from the PSC granting a Certificate of Convenience and Necessity.

2. Certification of the Provider’s financial ability to compensate the City for Provider’s intrusion, maintenance and use of the Rights-of-Way during the Franchise term proposed by the Provider;

3. Provider’s agreement to comply with the requirements of Sections 270-350 of this Ordinance

4. Prior to making any attachments to poles, the willingness to enter into a pole attachment agreement with the city. (Ord. 2000-12, amended, 2000)

1. New Grades or Lines. If the grades or lines of any Rights-of-Way are changed at any time in a manner affecting the System, then a Provider shall comply with the requirements of the excavation ordinance.

2. The City Authority to Move System in case of an Emergency. The City may, at any time, in case of fire, disaster or other emergency, as determined by the City in its reasonable discretion, cut or move any parts of the System and appurtenances on, over or under the Rights-of-Way of the City, in which event the City shall not be liable therefor to a Provider. The City shall notify a Provider in writing prior to, if practicable, but in any event as soon as possible and in no case later than the next business day following any action taken under this Section. Notice shall be given as provided in Section 5.06.500.

3. A Provider Required to Temporarily Move System for Third Party. A Provider shall, upon prior reasonable written notice by the City or any Person holding a permit to move any structure, and within the time that is reasonable under the circumstances, temporarily move any part of its System to permit the moving of said structure. A Provider may impose a reasonable charge on any Person other than the City for any such movement of its Systems.

4. Rights-of-Way Change - Obligation to Move System. When the City is changing a Rights-of-Way and makes a written request, a Provider is required to move or remove its System from the Rights-of-Way, without cost to the City, to the extent provided in the excavation ordinance. This obligation does not apply to Systems originally located on private property pursuant to a private easement, which property was later incorporated into the Rights-of-Way, if that private easement grants a superior vested right. This obligation exists whether or not the Provider has obtained an excavation permit.

5. Protect Structures. In connection with the construction, maintenance, repair, upgrade or removal of the System, a Provider shall, at its own cost and expense, protect any and all existing structures belonging to the City. A Provider shall obtain the prior written consent of the City to alter any water main, power facility, sewerage or drainage system, or any other municipal structure on, over or under the Rights-of-Way of the City required because of the presence of the System. Any such alteration shall be made by the City or its designee on a reimbursable basis. A Provider agrees that it shall be liable for the costs incurred by the City to replace or repair and restore to its prior condition in a manner as may be reasonably specified by the City, any municipal structure or any other Rights-of-Way of the City involved in the construction, maintenance, repair, upgrade or removal of the System that may become disturbed or damaged as a result of any work thereon by or on behalf of a Provider pursuant to the Franchise.

1. Install and maintain all parts of its System in a non-dangerous condition throughout the entire period of its Franchise.

2. Install and maintain its System in accordance with standard prudent engineering practices and shall conform, when applicable, with the National Electrical Safety Code and all applicable other federal, state and local laws or regulations.

3. At all reasonable times, permit examination by any duly authorized representative of the City of the System and its effect on the Rights-of-Way.

1. PSC Approval. When a Provider is the subject of a sale, transfer, lease, assignment, sublease or disposed of, in whole or in part, either by forced or involuntary sale, or by ordinary sale, consolidation or otherwise, such that it or its successor entity is obligated to inform or seek the approval of the PSC, the Provider or its successor entity shall promptly notify the City of the nature of the transaction. The notification shall include either:

2. Transfer of Franchise. Upon receipt of a request to transfer a Franchise, the City designee, as provided in Article 8.1 of the Franchise Agreement, may send notice approving the transfer of the Franchise to the successor entity. Such approval shall not be unreasonably withheld. If the City has reason to believe that the successor entity may not comply with this Ordinance or the Franchise Agreement, it may require an Application for the transfer. The Application shall comply with Sections 240-260.

3. If PSC Approval is No Longer Required. If the PSC no longer exists, or if its regulations or state law no longer require approval of transactions described in Section 5.06.360(1) and the City has good cause to believe that the successor entity may not comply with this Ordinance or the Franchise Agreement, it may require an application. The Application shall comply with Sections 240-260.

4. The following events shall be deemed to be a sale, assignment or other transfer of the Franchise requiring compliance with Section 5.06.360(3);

1. On file with the City, a full and complete set of plans, records and “as-built” hard copy maps and, to the extent the maps are placed in an electronic format, they shall be made in electronic format compatible with the City’s existing GIS system, of all existing and proposed installations and the types of equipment and Systems installed or constructed in the Rights-of-Way, properly identified and described as to the types of equipment and facility by appropriate symbols and marks which shall include annotations of all Rights-of-Ways where work will be undertaken. As used herein, “as-built” maps includes “file construction prints.” Maps shall be drawn to scale. “As-built” maps, including the compatible electronic format, as provided above, shall be submitted within 30 days of completion of work or within 30 days after completion of modification and repairs. “As-built” maps are not required of the Provider who is the incumbent local exchange carrier for the existing System to the extent they do not exist.

2. Throughout the term of the Franchise, a Provider shall maintain complete and accurate books of account and records of the business, ownership, and operations of a Provider with respect to the System in a manner that allows the City at all times to determine whether a Provider is in compliance with the Franchise. Should the City reasonably determine that the records are not being maintained in such a manner, a Provider shall alter the manner in which the books and/or records are maintained so that a Provider comes into compliance with this section. All financial books and records which are maintained in accordance with the regulations of the FCC and any governmental entity that regulates utilities in the State of Utah, and generally accepted accounting principles shall be deemed to be acceptable under this Section.

1. Enforcement - City Designee. The City is responsible for enforcing and administering this Ordinance, and the City or its designee, as appointed by the City Administrator, is authorized to give any notice required by law or under any Franchise Agreement.

2. Enforcement Provision. Any Franchise granted pursuant to this Ordinance shall contain appropriate provisions for enforcement, compensation, and protection of the public, consistent with the other provisions of this Ordinance, including, but not limited to, defining events of default, procedures for accessing the Bond/Security Fund, and rights of termination or revocation.

3. Force Majeure. In the event a Provider’s performance of any of the terms, conditions or obligations required by this Ordinance or a Franchise is prevented by a cause or event not within a Provider’s control, such inability to perform shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof. For the purpose of this section, causes or events not within the control of a Provider shall include, without limitation, acts of God, strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions, acts of public enemies, and natural disasters such as floods, earthquakes, landslides, and fires.

1. Continuation after Expiration. Upon either expiration or revocation of a Franchise granted pursuant to this Ordinance, the City shall have discretion to permit a Provider to continue to operate its System or provide Services for an extended period of time not to exceed six (6) months from the date of such expiration or revocation. A Provider shall continue to operate its System under the terms and conditions of this Ordinance and the Franchise granted pursuant to this Ordinance.

2. Continuation by Incumbent Local Exchange Carrier. If the Provider is the incumbent local exchange carrier, it shall be permitted to continue to operate its System and provide Services while reasonable efforts are made to negotiate a renewal in good faith, but in no case longer than six (6) months after revocation or expiration of the franchise.

1. Abandoned System. In the event that (1) the use of any portion of the System is discontinued for a continuous period of twelve (12) months, and thirty (30) days after no response to written notice from the City to the last known address of Provider; (2) any System has been installed in the Rights-of-Way without complying with the requirements of this Ordinance or Franchise; or (3) the provisions of Section 5.06.100 are applicable and no Franchise is granted, a Provider, except the Provider who is an incumbent local exchange carrier, shall be deemed to have abandoned such System.

2. Removal of Abandoned System. The City, upon such terms as it may impose, may give a Provider written permission to abandon, without removing, any System, or portion thereof, directly constructed, operated or maintained under a Franchise. Unless such permission is granted or unless otherwise provided in this Ordinance, a Provider shall remove within a reasonable time the abandoned System and shall restore, using prudent construction standards, any affected Rights-of-Way to their former state at the time such System was installed, so as not to impair their usefulness. In removing its plant, structures and equipment, a Provider shall refill, at its own expense, any excavation necessarily made by it and shall leave all Rights-of-Way in as good condition as that prevailing prior to such removal without materially interfering with any electrical or telephone cable or other utility wires, poles or attachments. The City shall have the right to inspect and approve the condition of the Rights-of-Way cables, wires, attachments and poles prior to and after removal. The liability, indemnity and insurance provisions of this Ordinance and any security fund provided in a Franchise shall continue in full force and effect during the period of removal and until full compliance by a Provider with the terms and conditions of this Section.

3. Transfer of Abandoned System to City. Upon abandonment of any System in place, a Provider, if required by the City, shall submit to the City a written instrument, satisfactory in form to the City, transferring to the City the ownership of the abandoned System at no cost to the City.

4. Removal of Above-Ground System. At the expiration of the term for which a Franchise is granted, or upon its revocation or earlier expiration, as provided for by this Ordinance, in any such case without renewal, extension or transfer, the City shall have the right to require a Provider to remove, at its expense, all above-ground portions of a System from the Rights-of-Way within a reasonable period of time, which shall not be less than one hundred eighty (180) days. If the Provider is the incumbent local exchange carrier, it shall not be required to remove its System for a period of six (6) months if reasonable efforts are being made to negotiate a renewal in good faith.

5. Leaving Underground System. Notwithstanding anything to the contrary set forth in this Ordinance, a Provider may abandon any underground System in place if the City has determined that the abandoned system does not materially interfere with the use of the Rights-of-Way or with the use thereof by any public utility, cable operator or other Person, and the approval is granted in writing by the City.

1. The purpose of this chapter is to provide specific regulations for the placement, construction and modification of personal wireless telecommunications facilities. The provisions of this ordinance are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting the furnishing of personal wireless services, nor shall the provisions of this ordinance be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services. To the extent that any provision or provisions of this ordinance are consistent or in conflict with any other provision of the Lindon City Municipal Code or any ordinance of Lindon City, the provisions of this ordinance shall be deemed to control.

2. In the course of reviewing any request for any approval required under this chapter made by an applicant to provide personal wireless service or to install personal wireless service facilities, the Planning Commission or the City Council, as the case may be, shall act within a reasonable period of time after the request is duly filed with the city, taking into account the nature and scope of the request, and any decision to deny a request shall be in writing and supported by substantial evidence contained in a written record.

3. Should the application of this chapter have the effect of prohibiting a person or entity from providing personal wireless service to all or a portion of the city, such provider may petition the Planning Commission or the City Council for an amendment to this code. The Planning Commission or City Council, upon receipt of such a petition, shall promptly undertake review of the petition and shall make a determination on the petition within a reasonable period of time, taking into account the nature and scope of the petition, and any decision to deny such petition shall be in writing and supported by substantial evidence contained in a written record. (Ord. 2000-14, adopted, 2000)

“Antenna” shall mean any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves, including equipment attached to a tower or building, for the purpose of providing personal wireless services.

“Antenna Height” shall mean the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure even if said highest point is an antenna. Measurement of tower height shall include antenna, base pad, and other appurtenances and shall be measured from the finished grade of parcel. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

“Antenna Support Structure” shall mean any pole, telescoping mast, tower, tripod or other structure which supports an antenna.

“Cell Site” shall mean a tract or parcel of land that contains the cellular communications or personal wireless services antenna, its support structure, accessory building, and parking, and may include other uses associated with and ancillary to cellular communications or personal wireless services transmission.

“FAA” shall mean the Federal Aviation Administration.

“FCC” shall mean the Federal Communications Commission.

“Governing Authority” shall mean the governing authority of the city, namely the City Council.

“Personal Wireless Service” and “Personal Wireless Service Facilities,” as used in this ordinance, shall be defined in the same manner as in Title 47, U.S.C., Sec. 332(c)(7)(C), as it may be amended now or in the future.

“Tower” shall mean any structure that is designed and contrasted primarily for the purpose of supporting one or more antennas including self-supporting lattice towers, guy towers, or multiple towers. The term encompasses personal wireless facilities including radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers or personal communications services towers, alternative tower structures, and the like.

“Tower (Stealth)” shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas in a manner that shall be camouflaging and constructed in a manner to avoid detection as a cell tower (i.e. flagpole, tree, etc.). (Ord. 2000-14, adopted, 2000)

1. To manage the location of towers and antennas in the city and encourage the use of public property for the placement thereof;

2. To protect residential areas and land users from potential adverse impacts of towers, including support structure failure and falling ice;

3. To minimize adverse visual impacts of towers through careful design, siting, landscape screening, and innovative camouflaging techniques;

4. To accommodate the growing need for towers;

5. To promote and encourage shared use/co-location of existing and new towers as a primary option rather than construction of additional single use towers, and to reduce the number of such structures needed in the future.

6. To consider the public health and safety of towers to the extent allowed by the Telecommunications Act of 1996,

7. To avoid potential damage to adjacent properties from antenna support structure failure and falling ice, through engineering and proper siting of antenna support structure.

New Uses: All towers existing on the date of passage of this ordinance shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such existing towers. New construction, other than routine maintenance on existing towers, shall comply with the requirements of this ordinance. (Ord. 2000-14, adopted, 2000)

1. Topography as it relates to line of site transmissions for optimum efficiency in telephone service.

2. Availability of road access.

3. Availability of electric power.

4. Availability of land based telephone lines or microwave link capability.

5. Leasable lands, and landlords who want facilities to be located on their properties consistent with zoning regulations.

6. Screening potential of existing vegetation, structures and topographic features.

7. Zoning that will allow low power mobile radio service facilities.

8. Compatibility with adjacent land users.

9. The least number of sites to cover the desired area.

10. The greatest amount of coverage, consistent with physical requirements.

11. Opportunities to mitigate possible visual impact.

12. Availability of suitable existing structures for antenna mounting. (Ord. 2000-14, adopted, 2000)

1. The following establishes the order of priorities for locating new communications facilities:

2. Priority of Users-priority for the use of city-owned land for antennas and towers will be given to the following entities in descending order.

3. Minimum Requirements-The placement of antennas or towers on city-owned property must comply with the following requirements:

4. Special Requirements-The use of certain city-owned property, such as water tower sites and parks, for antennas or towers brings with it special concerns due to the unique nature of these sites. The placement of antennas or towers on these special city-owned sites will be allowed only when the following additional requirements are met:

5. Application Process. All applicants who wish to locate an antenna or tower on city-owned property must submit to the city manager a completed application and detailed plan that complies with the submittal requirements of this chapter, the zoning ordinance, subdivision ordinance, comprehensive master plan and other regulations and ordinances of the city along with other pertinent information requested by the city. The applicant must also apply for a conditional use permit. All applications for conditional use permits require council review.

6. Termination. The City Council may terminate any lease if it determines that any one of the following conditions exist:

7. Reservation of right. Notwithstanding the above, the City Council reserves the right to deny, for any reason, the use of any or all city-owned property by any one or all applicants. (Ord. 2002-10, amended, 2002; Ord. 2000-14, amended, 2000)

1. Proposed antennas may, and are encouraged to, co-locate onto existing towers. Provided such co-location is accomplished in a manner consistent with the policy, site criteria, and landscape/screening provisions contained in this chapter, then such co-locations are permitted by right and new or additional special use approval is not required, except that any permit, license, lease, or franchise requirements must be satisfied.

2. The conditional use requirement for an antenna may be waived in non-residential zones if the applicant locates the antenna on an existing structure other than an existing tower and /or if the antenna is proposed to be located on suitable public property such as a water tower, government building, or other public tower or pole. Suitability of public property shall be determined in the city’s sole discretion. The applicant must submit detailed plans to the planning department for an administrative review to determine if the conditional use permit process and public hearing can be waived. No building permit will be issued until approval is granted through the administrative review.

3. The city may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure and/or public property.

4. In order to reduce the number of antenna support structures needed in the city in the future, any new proposed support structure shall be designed to accommodate antenna for more than one (1) user, unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons.

5. Unless co-location has been demonstrated to be infeasible, the site plan shall delineate an area near the base of the tower to be used for the placement of additional equipment buildings for other users. The site plan for towers in excess of one hundred (100) feet must propose space for two (2) comparable tower users while the site plan for towers under one hundred (100) feet must propose space for one (1) comparable tower user. To provide further incentive for co-location as a primary option, an existing tower may be modified or reconstructed to accommodate the co-location of an additional antenna provided the additional antenna shall be of the same type as that on the existing tower. This is permitted by right for existing towers in all zoning districts, subject to the following criteria being met:

1. As provided above, new towers shall be designed to accommodate antenna for more than one (1) user, unless the applicant demonstrates why such design is not feasible for economic, technical, or physical reasons.

2. Facilities should be architecturally compatible with the surrounding buildings and land uses in the zoning district or otherwise integrated, through location and design, to blend in with the existing characteristics of the site to the extent practical. Therefore, all new towers that are constructed shall be stealth towers, unless the applicant justifies to the council, in its sole discretion, that a stealth tower is not technically feasible.

3. Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within three (3) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for removal of the tower or antenna at the owner’s expense.

4. Building Code; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards in applicable City building codes and the applicable standards for towers that are published by the Electronics Industries Association (“EIA”), as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within the thirty (30) days, the city may remove the tower at the owner’s expense.

5. Structural Design. Towers shall be constructed to the EIA Standards, which may be amended from time to time, and all applicable construction or building codes. Further, any improvements or additions to existing towers shall require submission of site plans stamped and verified by a professional engineer which demonstrate compliance with EIA Standards and all other good industry practices in effect at the time of said improvement or addition. The plans shall be submitted to and reviewed at the time building permits are requested.

6. Fencing. A well-constructed masonry or stone wall, or chain link fence in all zones, not less than eight (8) feet in height from finished grade shall be provided around each tower. Access to the tower shall be through a locked gate.

7. Antenna height. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antennas that is taller than this minimum height shall be approved.8. Antenna support structure safety: The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris or interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.

8. Required parking. If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not fully automated, arrangements for adequate off-street parking shall be made and documentation thereof provided to the city. Security fencing should be colored or should be of a design which blends into the character of the existing environment.

9. Antenna Criteria. Antenna on or above a structure shall be subject to the following:

1. The antenna is attached to the roof or sides of a building at least thirty (30) feet in height, an existing tower, and water tank, or a similar structure;

2. The following antenna are permitted under the provisions of this section:

3. Antenna, antenna array and support structures not on publicly-owned property which shall not extend more than ten (10) feet above the highest point of the structure on which it is mounted. The antenna, antennas array, and its support structure shall be mounted so as to blend with the structure to which the antenna is attached. The antenna and its support structure shall be designed to withstand a wind force of one hundred (100) miles per hour without the use of supporting guy wires. The antenna, antenna array, and its support structure shall be a color that blends with the structure on which they are mounted.

4. Setback from street. No such antenna, antenna array, or its support structure shall be erected or maintained closer to any street than the minimum setback for the zone in which it is located.

5. Guy wires restricted. No guy or other support wires shall be used in connection with such antenna, antenna array, or its support structure except when used to anchor the antenna, antenna array, or support structure to an existing building to which such antenna, antenna array, or support structure is attached. (Ord. 2000-14, adopted, 2000)

Screening. The visual impacts of a tower shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering of towers shall be required around the perimeter of the tower and accessory structures, except that the standards may be waived by the city for those sides of the proposed tower that are located adjacent to undevelopable lands and lands not in public view. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or in supplement towards meeting landscaping requirements.

1. A row of evergreen trees a minimum of ten (10) feet tall at planting a maximum of six (6) feet apart shall be planted around the perimeter of the fence;

2. A continuous hedge at least thirty-six inches (36") high at planting capable of growing to at least forty-eight inches (48") in height within eighteen (18) months shall be planted in front of the tree line referenced above. (Ord. 2000-14, adopted, 2000)

1. Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or

2. Dismantle and remove the tower. If such tower is not removed within said sixty (60) days, the City may remove such tower at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all uses cease using the tower. At the earlier of sixty (60) days from the date of abandonment without reactivation or upon completion of dismantling and removal, City approval for the tower shall automatically expire. (Ord. 2000-14, adopted, 2000)

1. A scaled site plan clearly indicating the locations, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, and any other proposed structures;

2. A current map and aerial as provided by the City Assessor’s office showing the location of the proposed tower;

3. Legal description of the parcel, if applicable;

4. If not within the separation distance from residential areas, approximate distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties. If within the separation distance requirements, then exact distances, locations and identifications of said properties shall be shown on an updated City map;

5. A landscape plan showing specific landscape materials;

6. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination;

7. A notarized letter signed by the applicant stating the tower will comply with all EIA Standards and all applicable federal and state laws and regulations and the City Code including specifically FAA regulations:

8. A statement by the applicant as to whether construction of the tower will accommodate co-location of additional antenna for future users;

9. Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions;

10. The telecommunications company must demonstrate that it is licensed by the FCC;

11. The applicant, if not the telecommunications service provider, shall submit proof of lease agreements with an FCC licensed telecommunications provider;

12. A full site plan shall be required for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access, and all other items required in this chapter. The site plan shall not be required if the antenna is to be mounted on an existing structure;

13. At the time of site selection, the applicant should demonstrate how the proposed site fits into its overall network within the City;

14. This Ordinance shall apply to all applications which were filed prior to the effective date hereof and which have not been approved by the City Council as of the effective date of this Ordinance, and to applications filed thereafter. (Ord. 2000-14, adopted, 2000)

1. The accuracy and completeness of submissions;

2. The applicability of analysis techniques and methodologies;

3. The validity of conclusions reached;

4. Any specific technical issues designated by the city. (Ord. 2000-14, adopted, 2000)

“Alcohol-related business” means any enterprise, business, or operation that allows a person to hold, store, possess, or consume an alcoholic product on the premises of the business such as a restaurant, association, bar or any similar business which is required to obtain and maintain a state issued license as defined in this chapter and any off-premise beer retailer as defined by this chapter.

“Alcohol training and education seminar” means a seminar required by Title 32B, Chapter 5, Part 4, Alcohol Training and Education Act, of the Utah State Code and as described in Section 62A-15-401.

“Alcoholic beverage” means beer or liquor.

“Alcoholic product” means a product that:

“Bar establishment license” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License, of the Utah Code.

“Beer” means any beverage containing not less than one-half of one percent (0.5%), but not more than four percent (4%), of alcohol by volume, or three and two-tenths percent (3.2%) weight and is obtained by the alcoholic fermentation of an infusion or decoction of any malted grain or similar products.

“Beer-only restaurant license” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License, of the Utah Code.

“Beer retailer” means a business that:

“Beer wholesaling license” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 13, Beer Wholesaling License Act, of the Utah Code.

“Brewery manufacturing license” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 11, Part 5, Brewery Manufacturing License, of the Utah Code.

“Church” means a building set apart for worship in which religious services are held and with which clergy is associated, and that is tax exempt under the laws of the state of Utah.

“Community location” means a:

“Convention center” means a facility that is in total at least thirty thousand (30,000) square feet and as may be further defined by rules adopted by the Utah Department of Alcoholic Beverage Control.

“Distillery manufacturing license” means a license issued by the Utah Department of Alcoholic Beverage Control in accordance with Title 32B of the Utah Code, Chapter 11, Part 4, Distillery Manufacturing License.

“Education facility” includes a nursery school, an infant day care center, and a trade or technical school, but does not include a public or private school as defined by this chapter.

“Flavored malt beverage” means a beverage that contains at least one-half of one percent (0.5%) alcohol by volume and as is further defined in Section 32B-1-102 of the Utah Code.

“Full-service restaurant license” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License, of the Utah Code.

“Heavy beer” means beer, as defined herein, containing more than four percent (4%) alcohol by volume.

“Hotel license” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 5, Retail License Act, and Chapter 8b, Hotel License Act, of the Utah Code.

“Identification card” means an identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act, of the Utah Code.

“Intoxicated” means that a person is significantly impaired as to the person’s mental or physical functions as a result of the use of an alcoholic product, a controlled substance, or a substance having the property of releasing toxic vapors; and exhibits plain and easily observed outward manifestations of behavior or physical signs produced by the overconsumption of an alcoholic product, the abovementioned substances, or a combination of the same.

“Limited-service restaurant license” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 4, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License, of the Utah Code.

“Lindon City off-premise beer retailer license” means a license issued by Lindon City in accordance with the provisions of this chapter.

“Liquor” means a liquid that:

“Liquor warehousing license” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 12, Liquor Warehousing License Act, of the Utah Code.

“Manufacture” means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others.

“Minor” means an individual under the age of twenty-one (21) years.

“Off-premise beer retailer” means a beer retailer who is licensed by Lindon City, in accordance with this chapter and by the Utah Department of Alcoholic Beverage Control in accordance with Title 32B, Chapter 7, Off-Premise Beer Retailer Act, of the Utah Code, and who is engaged in the retail sale of beer to a patron for consumption off of the beer retailer’s premises.

“On-premise banquet license” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B of the Utah Code, Chapter 5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.

“On-premise beer retailer” means a beer retailer who is authorized to sell, offer for sale, or furnish beer under a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License, of the Utah Code, and who is engaged in the sale of beer for consumption on the licensed premises.

“Proof of age” means an identification card.

“Reception center” means a business that operates facilities that are at least five thousand (5,000) square feet; and has as its primary purpose the leasing of the facilities to a third party for the third party’s event.

“Reception center license” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B of the Utah Code, Chapter 5, Retail License Act, and Chapter 6, Part 8, Reception Center License.

“Resort license” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B of the Utah Code, Chapter 5, Retail License Act, and Chapter 8, Resort License Act.

“Responsible alcohol service plan” means a written set of policies and procedures that outlines measures to prevent employees from over-serving alcoholic beverages to customers, serving alcoholic beverages to customers who are intoxicated, and serving alcoholic beverages to minors as required by the Utah Alcoholic Beverage Control Act.

“Sell” or “to sell,” when used in this chapter, means to solicit, or to receive an order for, to keep or expose for sale, to deliver for value or gratuitously, to peddle, to possess with intent to sell, to traffic in, for any consideration promised or obtained directly or indirectly or under any pretext or by any means whatsoever to procure or allow to be procured for any other person, and “sale” when so used shall include every act of selling as above defined.

“Special use permit” means a permit issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 10, Special Use Permit Act, of the Utah Code.

“State issued retail alcohol license” means any of the following licenses as defined in this chapter:

“State off-premise beer retailer license” means a state license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 7, Part 4, Off-Premise Beer Retailer State License, of the Utah Code.

“Temporary beer event permit” means a permit issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 9, Part 4, Temporary Beer Event Permit, of the Utah Code.

“Wine” means an alcoholic product obtained by the fermentation of the natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not another ingredient is added.

“Winery manufacturing license” means a license issued by the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 11, Part 3, Winery Manufacturing License, of the Utah Code. (Ord. 2018-11 §1, amended, 2018; Ord. 126 §3, amended, 1985; Prior code §6-2; Ord. 98-1, repealed and replaced, 2000)

1. Business License Required. It is unlawful for any person or entity to own or operate an alcohol-related business within the corporate limits of the city without first having procured a business license therefor from Lindon City as hereinafter provided.

2. State Issued Retail Alcohol License/Lindon City Off-Premise Beer Retailer License Required. No business license shall be issued to an alcohol-related business until a separate, corresponding, state issued retail alcohol license, or Lindon City off-premise beer retailer license, has been secured by the owner of the alcohol-related business and proof thereof is provided to Lindon City.

3. Qualifications of Licensee. A business license may not be granted for an alcohol-related business:

4. Written Disclosures. An application for an alcohol-related business license shall be accompanied by written disclosures and information verifying the qualifications of the licensee and shall include:

5. License Fee. All applicants for an initial alcohol-related business license shall pay a license fee in the amount of three hundred dollars ($300), or in the amount as may be amended by the Lindon City Council and set forth in the Lindon City fee schedule.

6. License Does Not Constitute Written Consent. A business license issued under this chapter shall not constitute the written consent of Lindon City to an application to the Utah Alcoholic Beverage Control Commission for a retail license as required by the Utah Alcoholic Beverage Control Act.

7. Display of License. Both the business license and the state issued retail alcohol license or Lindon City off-premise beer retailer license shall at all times be conspicuously displayed in the place to which it shall refer or for which it shall be issued.

8. Separate Locations. A business license shall be required for each place of sale or service of alcohol.

9. Revocation of Alcohol-Related Business License. All alcohol-related business license holders shall comply with all applicable provisions of the Alcoholic Beverage Control Act of Utah and the established regulations of the Alcoholic Beverage Control Commission at all times in the operations and maintenance of their alcohol-related businesses, including alcohol training and education seminars for employees. If at any time such a license holder fails to comply with such regulations or if the state issued retail alcohol license or Lindon City off-premise beer retailer license is revoked or denied, the business license may be revoked and declared null and void by the business license clerk.

1. Lindon City Off-Premise Beer Retailer License Required. It is unlawful for any person within the limits of Lindon City to engage in the business of the retail sales of beer to a patron for consumption off of the retailer’s premises without first obtaining a Lindon City off-premise beer retailer license from Lindon City.

2. State Off-Premise Beer Retailer License Required. No Lindon City off-premise beer retailer license shall be issued to an off-premise beer retailer until a separate state off-premise beer retailer license has been obtained from the Utah Alcoholic Beverage Control Commission in accordance with Title 32B, Chapter 7, Part 4 of the Utah Code.

3. Qualifications of Licensee. A Lindon City off-premise beer retailer license may not be granted:

4. Written Disclosures. An application for a Lindon City off-premise beer retailer license shall be accompanied by written disclosures and information verifying the qualifications of the licensee and shall include:

5. Proximity to Community Locations. No Lindon City off-premise beer retailer license may be issued if on the date the application is submitted there is a community location within six hundred feet (600') of the proposed retail location, as measured from the nearest entrance of the proposed retail location by following the shortest route of ordinary pedestrian travel to the property boundary of the community location, or within three hundred feet (300') of the proposed retail location, measured in a straight line from the nearest entrance of the proposed retail location to the nearest property boundary of the community location.

6. Lindon City Off-Premise Beer Retailer License for a Brewery Manufacturing License. The owner of a properly issued brewery manufacturing license may apply for and receive a Lindon City off-premise beer retailer license; provided, that the retail portion of such facility complies with the requirements of this chapter and the owner follows and complies with the requirements of this chapter and with the provisions of the Utah Alcoholic Beverage Control Act.

7. License Fee. All applicants for a Lindon City off-premise beer retailer license shall pay a license fee in the amount of three hundred dollars ($300) or in the amount as may be amended by the Lindon City Council and set forth in the Lindon City fee schedule.

8. Separate Locations. A separate Lindon City off-premise beer retailer license shall be required for each place or location of off-premise beer retail sales.

9. Separation of Beer from Nonalcoholic Beverages and Notice to Consumers. All beer sold by an off-premise beer retailer shall be displayed in an area that is visibly separate and distinct from locations in which nonalcoholic beverages are displayed and sold.

10. Alcohol Training and Education. All off-premise beer retailers shall ensure that all staff selling beer, or supervising the sale of beer, are properly trained pursuant to the requirements of the Alcohol Training and Education Act as set forth in Title 32B, Chapter 5, Part 4 of the Utah Code.

11. Staff Authorized to Sell Beer/Maintenance of Records.

12. Penalties Related to Sales to Minors.

13. Revocation of Lindon City Off-Premise Beer Retailer License. All Lindon City off-premise beer retailer license holders shall comply with all applicable provisions of this chapter, the Alcoholic Beverage Control Act found in Title 32B of the Utah Code, and the established regulations of the Utah Alcoholic Beverage Control Commission, including alcohol training and education seminars for employees.

1. Requirements to Issue Written Consent. The business license clerk is authorized to issue Lindon City’s written consent to an application for a state issued retail alcohol license, upon finding that an applicant has satisfied the following requirements:

2. Issuance of Consent or Denial. The business license clerk shall issue the written consent to a request for a state issued retail alcohol license, or a written denial of such request if the business license clerk finds that any of the requirements set forth in this section have not been satisfied, within thirty (30) days of receiving the request for written consent.

3. Appeal of a Denial to Issue Written Consent. Any person aggrieved by any decision of the business license clerk with respect to the denial of a request for written consent may appeal to the administrative law judge, pursuant to the provisions of Chapter 2.22. Such an appeal must be filed within ten (10) days of the decision being issued. The decision of the business license clerk shall only be reversed, remanded, or modified if the decision is found to be unlawful or arbitrary and capricious. (Ord. 2025-15 § 11, amended, 2025; Ord. 2018-11 §1, amended, 2018; Ord. 2004-7, amended, 2004; Ord. 98-1, repealed and replaced, 2000)

1. Applications provided for in this chapter shall be accompanied by the fees established by this code and as may be modified by the city council and set forth in the Lindon City fee schedule.

2. All alcohol-related business licenses issued hereunder shall expire on the thirty-first day of December, unless canceled sooner, and must be renewed annually on or before January 1st.

1. The licensee fails to comply with the ordinances of the city; or

2. The licensee has violated any of the provisions of this chapter; or

3. The licensee has been convicted of a crime, if the crime is substantially related to the qualifications, functions, or duties of the licensee for which the license has been issued; or

4. The licensee has committed any act involving dishonesty, fraud or deceit with intent to substantially benefit himself or another, or substantially injure another; or

5. The licensee knowingly made a false statement of fact required to be revealed in the application for the license, or in any amendment or report to be made thereunder; or

6. Continuance of the license would be inconsistent with public health, safety or general welfare. (Ord. 127 §1, amended, 1985; Prior code §4-36; Ord. 98-1, repealed and replaced, 2000)

1. The purpose and scope of this ordinance is to protect the limited public safety resources and services of the city from misuse.

2. The provisions of this Chapter shall apply to all alarm users, alarm businesses, employees of alarm businesses, and alarm systems which are installed, connected, operated or maintained on or prior to the date on which the ordinance codified in this Chapter became effective, and subsequent thereto.

“Alarm system” means a mechanical or electrical device designed, installed or used for the purpose of giving notice of a burglary, robbery or fire alarm or other breach of security.

“Alarm system monitoring company” means any individual, partnership, corporation or other form of associations that engages in the business of monitoring security alarm systems and reporting any activation of such alarm systems to the public safety department.

“Alarm user” means any individual, partnership, corporation, or other form of association that owns, leases or rents a security alarm system or on whose premises a security alarm system is maintained for the protection of the premises.

“Chief of police” means the Chief of the Police of the police department serving Lindon City and the Chief’s designee.

“Department” means the Public Safety Department, including police and fire, serving Lindon City.

“Dispatch or response” means the discretionary decision whether to direct police or fire units to a location where there has been a request, made by whatever” means, for police or fire assistance or investigation. There is not duty to dispatch under any circumstances, including to answer an alarm signal, and all dispatch decisions are made subject to competing priorities and available police or fire resources.

“False alarm” means an alarm signal eliciting notification to and a response by the Department when there is no evidence of a crime or fire or other activity that warrants a call for immediate Department assistance and no person who was on or near the property or has viewed a video communication from the property call for Department assistance. “False Alarm” does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances beyond the control of the alarm use.

“Security alarm system” means any system, device, or mechanism for the detection and reporting of any unauthorized entry or attempted entry or property damage upon premises protected by the system that may be activated by sensors or other techniques and, when activated, automatically transmits a telephone message or emits an audible, visible, or electronic signal that can be heard, seen, or received by person outside of the protected premises and is intended to summon Department assistance.

1. Licensing. It is unlawful for any person to engage in the practice of an alarm business, alarm company or alarm agent in the city as defined in Utah Code Section 58-55-102 (1953) as amended, without a valid license therefore issued in accordance with the provisions of the Utah Burglar Alarm Security and Licensing Act, Sections 58-55-101 et. Seq., or the Utah Code (1953), as amended.

2. Owner Permit. No alarm business, alarm company or alarm agent shall install any alarm system in the city unless the owner, lessee, or lawful occupant of the premises on which the alarm system is to be installed has a valid alarm permit issued by the city.

3. User Permit. Every alarm user shall obtain from the Department an alarm user’s permit for each system prior to any installation of an alarm system. An application for a burglary, robbery or fire alarm user’s permit and an initial twenty-five dollar ($25.00) fee shall be filed with the Department. The permit shall be physically upon the premises using the alarm system and shall be available for inspection by the city.

4. Permit Application. The alarm user’s permit application shall set forth the full name, address and telephone number of both the owner or lessee on whose premises the system will be installed, operated or maintained and the name of the person or licenses alarm business or company responsible for maintaining the alarm system.

1. Maintain the premises and security alarm system in a manner that will minimize or eliminate false alarms;

2. Review all alarm system operating instructions, including those for verification of an alarm;

3. Notify the alarm system monitoring company of a false alarm activation as soon as the user is aware of the false alarm; and

4. Not manually activate an alarm except when needing an immediate police or fire response to an emergency.

1. Obtain all necessary business licenses as required by the city and the State of Utah.

2. Maintain a current record, accessible to the Public Safety Director or designee at all times, which includes the names of the alarm users serviced by the company, the addresses of the protected properties; the type of alarm system, original installation date and subsequent modifications, if any, for each protected property; and a record of the false alarms at each property.

3. Provide the Public Safety Director or designee such information as the Director requests regarding; the nature of the company’s security alarms; the company’s method of monitoring the alarms; the company’s program for preventing false alarms, including educational programs for alarm users; and the company’s method for disconnecting audible alarms.

4. Provide each of its alarm system users with operating instructions for the alarm system, including an explanation of the alarm company’s alarm verifications process; a telephone number to call for assistance in operating the system; and a summary of the provisions of this ordinance relating to penalties for false alarms and the possibility of no response from the Department to alarm systems experiencing excessive false alarms.

5. Maintain a verification process, for all monitored security alarm systems in order to prevent unnecessary Department dispatches resulting from false alarms.

6. Communicate requests for cancellations of the Department response in a manner specified by the Director or designee.

7. Maintain a record of all requests for Department responses to an alarm, including the date and time of the alarm and request for Department response; the alarm system user’s name and address; evidence of the company’s attempt to verify the alarm; and, to the best of its knowledge, an explanation of the cause of any false alarm, and

8. Work cooperatively with the alarm system user and the Department in order to determine the cause of any false alarms and to prevent reoccurrences.

1. No person shall activate a security alarm system for the purpose of summoning the Department except in the event of fire, an unauthorized entry, robbery, or other crime being committed or attempted on the premises, or if the person needs immediate assistance in order to avoid injury or serious bodily harm.

2. Any person who notifies the Department of an activated alarm and has knowledge that such activation was apparently caused by an electrical or other malfunction shall at the same time notify the Department of the apparent malfunction.

1. There is no evidence of a fire, crime or other activity that would warrant a call for immediate fire or police assistance at the premises.

2. No individual who was on or near the premises or who has viewed a video communication from the premises called for a fire or police dispatch or verified a need for an immediate Department response, and

3. There is no evidence that violent conditions of nature or other extraordinary circumstances beyond the control of the alarm user caused the activation of the alarm.

1. The penalty for a false alarm is a civil infraction, and the alarm system user shall be penalized by an administrative service fee to the city according to the following schedule:

2. All administrative service fees assessed under this ordinance shall be paid to the city within thirty (30) days of the date that notice of the assessment of the service fee is mailed to the alarm user. If any service fee is not paid within the time set forth above, a $35.00 late fee shall be assessed for each month thereafter that the fee remains unpaid.

3. The city may use all available legal remedies to collect delinquent service fees and late penalties. If the delinquent service fee is owed by a business, payment of the fee and late penalties may be required prior to the renewal of the alarm user’s Business or Alcoholic Beverage License.

4. An alarm permit shall be suspended for any failure by the alarm user to pay any administrative service fee and applicable late penalties imposed pursuant to this chapter within 120 days of the date that notice of the assessment of the service fee is mailed to the alarm user. The Public Safety Director may also suspend any alarm permit if the Director determines that the alarm system in question has a history of unreliability, which unreliability shall be presumed upon the occurrence of five (5) false alarms within a ninety (90) day period.

5. A suspension for unreliability may be lifted upon a showing that the conditions which caused the false alarms have been corrected. An alarm user whose alarm permit is suspended by the Director shall pay a reinstatement fee of fifty dollars ($50) to the city before such permit shall be reinstated.

6. It shall be unlawful, and the basis for revocation of an alarm monitoring system company’s business license, to knowingly provide services to an alarm user which has been ordered to be disconnected from service pursuant to the provisions of this section.

7. Any person who uses, maintains, operates or is in control of any operational alarm system in the city while the alarm permit for such alarm system is suspended shall be guilty of a Class C misdemeanor.

8. To discourage false alarms, the Department shall adopt a process of providing written notice to an alarm user, who has more than one false alarm in a calendar year, of the consequences of excessive false alarms, the need to take corrective action, and the prospect that four (4) false alarms in a six (6) month period may result in the Department disregarding any future alarms from the premises unless independent information that verifies the need for an immediate response is provided.

9. Prior to determining not to respond to a premises, the Director shall provide written notice to the user that:

1. An alarm user shall have the right to appeal and contest the imposition of any penalty under this chapter including: the imposition of any fee, suspension of any permit, or the determination of a false alarm. A written request for a hearing must be filed by the alarm user with the department within ten (10) business days of the date of mailing of the notice of imposition of the penalty. Notice of the imposition of a penalty shall be considered satisfied if sent by regular mail to the alarm user’s address listed in the alarm user’s information card. The request for a hearing shall include the alarm user’s name, address, telephone number, and a statement of the reasons for disputing the imposition of the penalty. A timely request for a hearing shall stay the imposition of any penalty until the hearing is decided. The department’s determination of a false alarm, the imposition of an administrative service fee, or suspension of a permit shall be considered final if the alarm user fails to request a hearing within the time period set forth above.

2. The appeal shall be made to the administrative law judge, pursuant to the provisions of Chapter 2.22. Such an appeal must be filed within ten (10) days of the decision being issued. The decision of the department personnel shall only be reversed, remanded, or modified if the decision is found to be unlawful, or arbitrary and capricious.

3. An alarm shall be presumed to be a false alarm unless the alarm user can establish the existence of an emergency or other hazard at the time of the alarm by a preponderance of the evidence. The burden of proving the existence of an emergency shall be upon the alarm user. (Ord. 2025-15 § 12, amended, 2025)

1. An alarm system monitoring company’s failure to comply with any of the requirements of this ordinance shall be a civil infraction, punishable by a fine of up to two hundred and fifty dollars ($250.00). Each day of noncompliance shall constitute a separate offense.

2. Violations of the other sections of this ordinance shall be a Class C misdemeanor unless otherwise specified. (Ord. 2003-14, adopted, 2003)

1. Licenses issued under this chapter may be revoked by the business license clerk whenever the licensee has violated any of the terms or provisions of this chapter or of the licensee’s bond. Upon revocation the right of the licensee shall cease, and the unearned portion of the license fee shall be forfeited to the city.

2. Any person aggrieved by any decision of the business license clerk with respect to the revocation of a license may appeal the decision to the administrative law judge, pursuant to the provisions of Chapter 2.22. Such appeal must be filed within ten (10) days of the decision being issued. The decision of the business license clerk shall only be reversed, remanded, or modified if the decision is found to be unlawful, arbitrary or capricious. (Ord. 2025-15 § 13, amended, 2025; Ord. 98-1, repealed and replaced, 2000)

1. Abusive language which creates a risk of assault; or

2. Exposure of the private parts of any person; or

3. Gambling; or

4. Prostitution. (Ord. 98-1, repealed and replaced, 2000; Prior code §4-27; Ord. 128 §1, amended, 1985)

“Massage” means the same as “practice of massage therapy” as defined in Utah Code § 58-47b-102, as may be amended.

“Massage apprentice” means an individual licensed by the state of Utah under the Utah Massage Therapy Practice Act as a massage apprentice to work under the direct supervision of a licensed massage therapist.

“Massage establishment” means any location, place, area, structure, or business used for the practice of massage or instructing massage for either a fee, a gratuity, or as a free service or as demonstrations.

“Massage establishment business license” means a business license issued pursuant to the provisions of this chapter.

“Massage therapist” means an individual licensed by the state of Utah under the Utah Massage Therapy Practice Act as a massage therapist.

“Specified anatomical areas” means the same as defined in Section 8.30.040, as may be amended.

“Specified sexual activities” means the same as defined in Section 8.30.040, as may be amended. (Ord. 2022-1 §1, amended, 2022)

1. Massage establishments shall only be allowed as a conditional use in the CG, CG-A, CG-A8, CG-S, and MC zones within Lindon City.

2. A massage establishment may be permitted as a home occupation subject to the following conditions:

1. Massage Establishment Business License Required. It is unlawful for any person to operate, conduct, carry on or maintain a massage establishment without meeting the requirements of this chapter and obtaining a massage establishment business license as required by this chapter.

2. State License Required. It is unlawful for any person to operate a massage establishment or to engage in the business of a masseur or the practice of massage therapy in the city without first being licensed by the state of Utah as a massage therapist or massage apprentice.

3. Requirements for the Issuance of a Massage Establishment Business License. Every person desiring a massage establishment business license shall file an application to the business license authority of the city. The application shall contain the following information:

4. Investigation of Licensee and Premises. All applications for a massage establishment business license shall be referred to:

5. Obligation to Update Required Information. Any change in the information required to be submitted under this chapter, including the name and DOPL license number of each new employee providing massage services, shall be filed, in writing, with the city recorder within fourteen (14) days of such a change occurring. (Ord. 2022-1 §1, amended, 2022)

1. Be an individual at least twenty-one (21) years of age.

2. Have no convictions of crimes involving moral turpitude within the past five (5) years.

3. Possess a current state of Utah driver’s license or identification card.

4. Be a citizen of the United States or be authorized to work within the United States by United States Department of Homeland Security.

5. Submit copies of current license issued by the state of Utah for each massage therapist or massage apprentice employed at the massage establishment.

6. Complete background checks for licensee and all employees. In the event that the licensee or any employee is or has been the resident of another state within the last five (5) years, background checks must be conducted for that state(s). (Ord. 2022-1 §1, amended, 2022)

1. The owner and operator of a massage establishment shall be responsible for all activities and services provided in or on the establishment’s premises, regardless of whether or not a massage therapist or massage apprentice is an employee, independent contractor, or is otherwise a third-party lessee who has rented space within the massage establishment. Any violation of this chapter by any employee, independent contractor or lessee shall constitute a violation of the chapter by the owner and operator of the massage establishment.

2. The owner and operator of a massage establishment shall be responsible to maintain current contact information, including residential addresses, and proof of licensure by the state of Utah for all employees, independent contractors, or lessees who provide massages or other services at the massage establishment. (Ord. 2022-1 §1, amended, 2022)

1. Every massage establishment licensed under this chapter shall display its massage establishment business license in a conspicuous place on the premises.

2. Every massage therapist or massage apprentice, while on the premises of a licensed massage establishment, shall maintain in his or her possession or immediate presence his or her state-issued massage therapist or massage apprentice license or have it conspicuously displayed on the premises. (Ord. 2022-1 §1, amended, 2022)

1. It is unlawful for any person to practice or engage in or attempt to practice or engage in massage, without first being licensed by the state of Utah as a massage therapist or massage apprentice.

2. It is unlawful for any massage establishment to employ or contract with, for the purpose of performing massage, any individual who is not licensed by the state of Utah as a massage therapist or massage apprentice.

3. It is unlawful to serve, store, or allow to be consumed any alcoholic beverage on the licensed premises of a massage establishment.

4. It is unlawful for a massage therapist, a massage apprentice, an employee, or an independent contractor of a massage establishment to touch, massage, or apply any instrument or device, or offer to touch, massage, or apply any instrument or device, to the specified anatomical areas of any person while on the premises of a massage establishment.

5. It is unlawful for a massage therapist, massage apprentice, employee, independent contractor, or customer of the massage establishment to display to any other person any specified anatomical area or to engage in any specified sexual activities while on the premises of the massage establishment.

6. It is unlawful for a premises licensed as a massage establishment to be used for the purpose of housing, sheltering or harboring, or cause or permit the same to be used as living or sleeping quarters by employees or other persons.

7. With the exception of bathrooms, dressing rooms, or any other room used for dressing purposes, no owner, operator, responsible managing employee, manager or licensee in charge of or in control of any massage establishment shall permit any person in any area within the massage establishment which is used in common by the patrons, or which can be viewed by patrons from such an area, unless the person’s specified anatomical areas are fully covered. Further, no owner, operator, responsible managing employee, manager, or licensee in charge of or in control of a massage establishment shall permit any person to be in any room with another person unless all the persons present have their specified anatomical areas completely covered.

8. It is unlawful for any owner, operator, or other person in charge of or in control of a massage establishment to permit any masseur or employee to be on the premises of a massage establishment during its hours of operation or while performing, or available to perform, any task or service associated with the operation of a massage business, unless the masseur or employee is fully covered from the center of the kneecap to the base of the neck, excepting the hands and arms. Such covering must be of opaque material and maintained in a clean and sanitary condition.

9. It is unlawful for a massage establishment to hold itself out as a licensed facility or to advertise massage services to the public without being properly licensed by both Lindon City and the state of Utah.

10. It is unlawful for any person to hold themselves out as a licensed massage therapist or to advertise massage services to the public without being properly licensed by the state of Utah.

11. It is unlawful for any owner, operator, responsible managing employee, manager, licensee, or lessee in charge of or in control of a massage establishment to allow such establishment and its related massages and operations to be conducted in violation of the Utah Massage Therapy Practice Act, as set forth in Title 58, Chapter 47b of the Utah Code, as may be amended. (Ord. 2022-1 §1, amended, 2022)

1. Conditions of Denial, Suspension or Revocation. Any massage establishment 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 business license authority upon a finding of a violation of the city code or conviction of any of the following with respect to the licensee or licensee’s operator or agent:

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

3. Procedure. Prior to the denial, suspension, or revocation of any massage establishment business license the following procedures must be satisfied:

“Pawnbroker” means any person within the limits of the city who loans money on deposit on personal property or deals in the purchase or possession of personal property on condition of selling the same back again to the pledger or depositor or who loans or advances money on personal property by taking chattel mortgage security thereon and takes or receives such personal property in his possession. (Ord. 98-1, repealed and replaced, 2000; Prior code §4-16)

1. The date of the transaction;

2. The name and address of the pledger (if the pledged property is jointly owned, each joint owner must be designated);

3. An accurate description of the goods, articles or things pawned, including the serial number of the article if any, the name of the manufacturer if available, and the dimensional description if applicable;

4. The amount of money loaned or advanced thereon or paid therefor;

5. The date and time of the day of the pledging, purchasing and receiving such goods, articles or things, and the period of time within which the pledge must be honored; and

6. The serial number of the pawn ticket. (Ord. 98-1, repealed and replaced, 2000; Ord. 101 §A, amended, 1983)

1. The following information concerning the pledger:

2. The name of the person accepting the pledged property for the pawnbroker;

3. A signed statement certifying that the described property has not been obtained by any illegal means and is the pledger’s property and is free and clear of any encumbrances and that the pledger has a legal right to sell the pledged property. (Ord. 98-1, repealed and replaced, 2000; Ord. 101 §B, amended, 1983)

1. The original shall be retained by the pawnbroker (pledges);

2. The first copy retained by the person (pledger) pawning the articles and

3. The second copy shall be maintained on the pawnbroker’s premises and delivered to any representative of the city police department upon request during regular business hours. (Ord. 98-1, repealed and replaced, 2000; Ord. 101 §C, amended, 1983)

1. It is unlawful for any pawnbroker, or his or her agents or employees to deliver or to sell or to otherwise dispose of any pawned item for a period of 60 days from the date of receiving same to any person other than the pledger.

2. If requested to do so by a police officer, all goods, articles or things pawned, pledged, sold or delivered to a pawnbroker or his or her agents or employees shall be released to the city police department upon proof that the item was not owned by the pledger. The police department shall hold the article until such time as criminal proceedings concerning the article are fully resolved. (Ord. 98-1, repealed and replaced, 2000; Ord. 101 §F, amended, 1983)

“Junk dealer” means any person engaged in buying and selling old metals, glass, rags, rubber, paper or other junk.

“Secondhand dealer” means any person who keeps a store, office or place of business for the purchase or sale of secondhand clothing or garments of any kind, or secondhand goods, wares or merchandise, except books, musical instruments and curiosities, or who engages in the business of dealing in secondhand goods. (Ord. 98-1, repealed and replaced, 2000; Prior code §§4-29)

1. Residents of Lindon City have an inalienable interest in their personal safety, well-being, and privacy in their residences, as well as their ability to provide or receive information regarding matters of personal belief, political or charitable activities, and goods and services lawfully in commerce. The City has a substantial interest in protecting the well-being, tranquility, personal safety, and privacy of its citizens, which includes the ability to protect citizens from unwanted intrusions upon residential property. The City also has a substantial interest in protecting citizens from fraud or otherwise unfair consumer sales practices as well as criminal activity.

2. There must be a balance between these substantial interests of the City and its citizens, and the effect of the regulations in this Chapter on the rights of those who are regulated. Based on the collective experiences of City officials derived from regulating business activity, protecting persons and property from criminal conduct, responding to the inquiries of citizens regarding Door-to-Door Solicitation, the experience of its law enforcement officers and those affected by Door-to-Door canvassing and solicitation, as well as judicial decisions outlining the boundaries of constitutional protections afforded and denied persons seeking to engage in Door-to-Door Solicitation, the City adopts this Chapter to promote the City’s substantial interests in:

3. The City finds that the procedures, rules and regulations set forth in this Chapter are narrowly tailored to preserve and protect the City interests referred to herein while at the same time balancing the rights of those regulated.

4. Commercial residential solicitation generally represents a greater intrusion upon residential privacy than political, religious, or other noncommercial door-to-door solicitation involving the dissemination of ideas. Commercial residential solicitation generally entails a higher incidence of consumer fraud and unfair sales practices than political, religious, or other noncommercial door-to-door solicitation involving the dissemination of ideas. Substantial numbers of city residents do not desire to listen to or otherwise receive commercial solicitations. Additionally, some residents are particularly vulnerable to consumer fraud and unfair consumer sales practices by commercial residential solicitors.

5. As highlighted by recent serious crimes perpetrated in an adjoining municipality by a door-to-door solicitor, the transient nature of the business of residential solicitation makes it difficult to prosecute or to obtain redress for intrusions upon residential privacy and fraudulent or otherwise unfair consumer sales practices by residential solicitors because such solicitors are typically nonresidents of the City and often leave the City immediately upon completion of their commercial solicitation in the City. Furthermore, many companies that employ residential solicitors do not conduct accurate, thorough, and timely criminal background checks on prospective solicitors.

6. Because commercial residential solicitation (a) involves the attempt to complete an economic transaction with the hearer, and (b) may include aggressive, deceptive, factually unbalanced, or otherwise unfair tactics in an effort to complete an economic transaction, commercial residential solicitation entails a heightened risk of intrusion upon residential privacy, consumer fraud, and unfair consumer sales practices, albeit by a minority of those engaged in this business. The City wishes to reassure residents, to the extent reasonably possible and consistent with the First Amendment, that the residential commercial solicitors who work within the City have not been the subject of criminal actions, consumer protection actions, or other legal orders or actions reasonably related to the risk of such solicitors’ intruding upon residential privacy or committing consumer fraud or other unfair consumer sales practices, by instituting a residential solicitation registration procedure.

7. The Council finds that the potential and actual harm to citizens from residential solicitation is real, and that the provisions hereinafter set forth will, to a material degree, alleviate and avoid such harm. The Council has determined that the means chosen, as hereinafter stated, are reasonable and are closely fitted to achieve the desired objective of protecting citizens from intrusions upon residential privacy, consumer fraud, and unfair consumer sales practices, while simultaneously preserving the rights of others to engage in speech protected by the First Amendment to the United States Constitution and relevant state constitutional provisions. The regulations adopted herein are narrowly drawn and in the judgment of the Council are not more extensive than necessary to serve and protect the interests stated herein. (Ord. 2009-6, adopted, 2009)

1. Registered Solicitors and persons exempt from Registration need not apply for, nor obtain, any other license, permit, or registration from the City to engage in Door-to-Door Solicitation.

2. Any Business licensed by the City under another City Ordinance that uses employees, independent contractors, or agents for Door-to-Door Solicitation in an effort to provide any tangible or intangible benefit to the Business, shall be required to have such Solicitors obtain a Certificate, unless otherwise exempt from Registration.

3. Those Responsible Persons or Entities associated with Registered Solicitors need not apply for, nor obtain, any other license, permit, or registration from the City, provided they do not establish a temporary or fixed place of business in the City.

4. Nothing herein is intended to interfere with or supplant any other requirement of federal, state, or other local law regarding any license, permit, or certificate that a Registered Solicitor is otherwise required to have or maintain. (Ord. 2009-6, adopted, 2009)

“Advocating” means speech or conduct intended to inform, promote, or support Religious Belief, Political Position, or Charitable Activities.

“Appeals officer” means the administrative law judge appointed pursuant to Section 2.22.070.

“Appellant” means the person or entity appealing the denial or suspension of a Certificate, either personally as an Applicant or registered Solicitor, or on behalf of the Applicant or Registered Solicitor.

“Applicant” means an individual who is at least sixteen (16) years of age and not a corporation, partnership, limited liability company, or other lawful entity who applies for a Certificate permitting Door-to-Door Solicitation.

“Application Form” means a standardized form provided by the City to an Applicant to be completed and submitted as part of Registration.

“B.C.I.” means an original or copy, dated no older than 180 days prior to the date of the Application, of either: (1) a verified criminal history report for the Applicant from the Utah Department of Public Safety Bureau of Criminal Identification; or (2) verification by the Utah Department of Public Safety Bureau of Criminal Identification that no criminal history rising to the level of a Disqualifying Status exists for the Applicant.

“Business” means a commercial enterprise licensed by the City as a person or Entity under this Title, having a fixed or temporary physical location within the City.

“Certificate” means a temporary, annual, or renewal Certificate permitting Door-to-Door Solicitation in the City, applied for or issued pursuant to the terms of this Chapter.

“Charitable Activities” means Advocating by persons or Entities that either are, or support, a Charitable Organization.

“Charitable Organization” includes any person, joint venture, partnership, limited liability company, corporation, association, group, or other Entity:

“Competent Individual” means a person claiming or appearing to be at least eighteen (18) years of age and of sufficiently sound mind and body to be able to engage in rational thought, conversation, and conduct.

“Completed Application” means a fully completed Application Form, a B.C.I, two copies of the original identification relied on by the Applicant to establish Proof of Identity, and the tendering of Fees.

“Criminally Convicted” means the final entry of a conviction, whether by a plea of no contest, guilty, entry of a judicial or jury finding of guilt, which has not been set aside on appeal or pursuant to a writ of habeas corpus. The criminal conviction is that offense of which the Applicant or Registered Solicitor was convicted, without regard to the reduced status of the charge after completion of conditions of probation or parole, and charges dismissed under a plea in abeyance or diversion agreement.

“Disqualifying Status” means anything specifically defined in this Chapter as requiring the denial or suspension of a Certificate, and any of the following:

“Door to Door Solicitation” means the practice of engaging in or attempting to engage in conversation with any person at a Residence, whether or not that person is a Competent Individual, while making or seeking to make or facilitate a Home Solicitation Sale, or attempting to further the sale of Goods and or Services.

“Entity” includes a corporation, partnership, limited liability company, or other lawful entity, organization, society or association.

“Fees” means the cost charged to the Applicant or Registered Solicitor for the issuance of a Certificate and/or Identification Badge, which shall not exceed the reasonable costs of processing the application and issuing the Certificate and//or Identification Badge.

“Final Civil Judgment” means a civil judgment that would be recognized under state law as a judgment to which collateral estoppel would apply.

“Goods” means one or more tangible items, wares, objects of merchandise, perishables of any kind, subscriptions, or manufactured products offered, provided, or sold.

“Home Solicitation Sale” means to make or attempt to make a Sale of Goods or Services by a Solicitor at a Residence by means of Door-to-Door Solicitation, regardless of

“Licensing Officer” means the City employee(s) or agent(s) responsible for receiving from an Applicant or Registered Solicitor the Completed Application and either granting, suspending, or denying the Applicant’s Certificate.

“No Solicitation Sign” means a reasonably visible and legible sign that states “No Soliciting,” “No Solicitors,” “No Salespersons,” “No Trespassing,” or words of similar import.

“Political Position” means any actually held belief, or information for, against, or in conjunction with any political, social, environmental, or humanitarian belief or practice.

“Registered Solicitor” means any person who has been issued a current Certificate by the City.

“Registration” means the process used by the City Licensing Officer to accept a Completed Application and determine whether or not a Certificate will be denied, granted, or suspended.

“Religious Belief” means any sincerely held belief, or information for, against, or in conjunction with, any theistic, agnostic, or atheistic assumption, presumption or position, or religious doctrine, dogma, or practice regardless of whether or not the belief or information is endorsed by any other person or public or private entity.

“Residence” means any living unit contained within any building or structure that is occupied by any person as a dwelling consistent with the zoning laws of the City, together with the lot or other real property on which the living unit is located. This does not include the sidewalk, public street or public rights of way.

“Responsible Person or Entity” means that person or Entity responsible to provide the following to an Applicant, Registered Solicitor, and the Competent Individual in a Residence to whom a Sale of Goods or Services is made or attempted to be made by means of a Home Solicitation Sale:

“Sale of Goods or Services” means the conduct and agreement of a Solicitor and the Competent Individual in a Residence regarding a particular Good(s) or Service(s) that entitles the consumer to rescind the same within three days under any applicable federal, state, or local law.

“Services” means those intangible goods or personal benefits offered, provided, or sold to a Competent Individual of a Residence.

“Soliciting” or “Solicit” or “Solicitation” means any of the following activities:

“Solicitor” or “Solicitors” means a person(s) engaged in Door-to-Door Solicitation.

“Submitted in Writing” means the information for an appeal of a denial or suspension of a Certificate, submitted in any type of written statement to the City offices by certified, registered, priority, overnight or delivery confirmation mail, facsimile, or hand delivery.

“Substantiated Report” means an oral, written, or electronic report:

“Waiver” means the written form provided to Applicant by the City wherein Applicant agrees that the City may obtain a name/date of birth BCI background check on the Applicant for licensing purposes under this Chapter, and which contains Applicant’s notarized signature. (Ord. 2025-15 § 15, amended, 2025; Ord. 2009-6, adopted, 2009)

1. Persons specifically invited to a Residence by a Competent Individual prior to the time of the person’s arrival at the Residence. An invited solicitation shall not include the circumstance where the resident invites back a solicitor who initiated the contact with the resident at the residence. A resident’s failure to post a “No Soliciting” may not be construed as an invitation to solicitation by such resident, or as an expression of such resident’s desire to hear or receive solicitations;

2. Persons whose license, permit, certificate or registration with the State of Utah permits them to engage in Door to Door Solicitation to offer Goods or Services to an occupant of the Residence;

3. Persons delivering goods to a Residence pursuant to a previously made order, or persons providing Services at a Residence pursuant to a previously made request by a Competent Individual;

4. Persons advocating or disseminating information for, against, or in conjunction with, any Religious Belief, or Political Position regardless of whether Goods, Services, or any other consideration is offered or given, with or without any form of commitment, contribution, donation, pledge, or purchase; and

5. Solicitation on behalf of a charitable organization as defined by Utah Code Ann. §13-22-2(1), or an organization listed in Utah Code Ann. §13-22-8(1). This charitable exemption shall apply to students Soliciting contributions to finance extracurricular social, athletic, artistic, scientific or cultural programs, provided that the Solicitation has been approved by the school administration. (Ord. 2009-6, adopted, 2009)

1. Unless otherwise exempt under this Chapter, all persons desiring to engage in Door-to-Door Solicitation within the City, prior to doing so, shall submit a Completed Application to the Licensing Officer and obtain a Certificate.

2. The executed original of this Certificate of Registration shall be maintained by the Licensing Officer, and a legible copy shall be maintained on Registered Solicitor’s person at all times while soliciting in the City and shall be produced for inspection upon the request of any resident being solicited or any Peace Officer.

3. Unless a person is a Registered Solicitor and has a Certificate of Registration and identification badge in their possession as required in this Chapter, or is otherwise exempt from registration under the provisions of this Chapter, it is a violation of this Chapter for said person to be present in or at a residence within the City for the purpose of engaging in solicitation. Violations of this subsection shall be punishable as set forth in this Chapter. (Ord. 2009-6, adopted, 2009)

1. Review of Written Disclosures. An affirmation that the Applicant has received and reviewed the disclosure information required by this Chapter.

2. Contact Information.

3. Proof of Identity. An in-person verification by the Licensing Officer of the Applicant’s true identity by use of any of the following which bear a photograph of said Applicant:

4. Proof of Registration with Department of Commerce. The Applicant shall provide proof that either the Applicant, or the Responsible Person or Entity, has registered with the Utah State Department of Commerce;

5. Special Events Sales Tax Number. The Applicant shall provide a special events sales tax number for either the Applicant, or for the Responsible Person or Entity for which the Applicant will be soliciting;

6. Marketing Information.

7. BCI Background Check. The Applicant shall provide:

8. Responses to Questions Regarding “Disqualifying Status.” The Applicant shall be required to affirm or deny each of the following statements on the Application Form:

9. Fee. The Applicant shall pay such fees as determined applicable by the City, which shall not exceed the reasonable cost of processing the application and issuing the Certificate and/or Identification Badge.

10. Execution of Application. The Applicant shall execute the Application Form, stating upon oath or affirmation, under penalty of perjury, that based on the present knowledge and belief of the Applicant, the information provided is complete, truthful and accurate. (Ord. 2009-6, adopted, 2009)

1. The Applicant’s submission of the Application authorizes the City to verify information submitted with the Completed Application including:

2. The City may consult any publicly available sources for information on the Applicant, including but not limited, to databases for any outstanding warrants, protective orders, or civil judgments.

3. Establishing Proof of Identity is required before Registration is allowed;

4. Identification of the fee amount that must be submitted by Applicant with a Completed Application;

5. The Applicant must submit a BCI background check with a Completed Application;

6. To the extent permitted by State and/or federal law, the Applicant’s BCI background check shall remain a confidential, protected, private record not available for public inspection;

7. The City will maintain copies of the Applicant’s Application Form, Proof of Identity, and Identification Badge. These copies will become public records available for inspection on demand at the City offices whether or not a Certificate is denied, granted, or renewed.

8. The criteria for Disqualifying Status, denial, or suspension of a Certificate under the provisions of this Chapter.

9. That a request for a temporary Certificate will be granted or denied as soon as practical, but which shall be no later than the first full business day after a Completed Application is submitted. (Ord. 2009-6, adopted, 2009)

1. Temporary Certificate. A temporary Certificate shall issue allowing the Applicant to begin Door-to-Door Solicitation upon the following conditions:

2. Annual Certificate. Within twenty-five (25) calendar days of the issuance of a temporary Certificate the City shall:

3. Renewal Certificate. An annual Certificate shall be valid from the date of issuance of the temporary Certificate and shall expire at midnight on December 31st of the year in which the certificate is issued. Any annual Certificate that is not suspended or revoked may be renewed upon the request of the Registered Solicitor and the submission of a new Completed Application and payment of the Fee, unless any of the conditions for the denial, suspension or revocation of a Certificate are present as set forth in section 5.40.140, or a Disqualifying Status is present. (Ord. 2009-6, adopted, 2009)

1. Certificate Form. Should the Licensing Officer determine that the Applicant is entitled to a Certificate, the Licensing Officer shall issue a Certificate to the Applicant. The Certificate shall list the name of the Registered Solicitor and the Responsible Person or Entity, if any, and the date on which the Certificate expires. The Certificate shall be dated and signed by the License Officer. The Certificate shall be carried by the Registered Solicitor at all times while Soliciting in the City.

2. Identification Badge. With both the temporary and annual Certificates, the City shall issue each Registered Solicitor an Identification Badge that shall be worn prominently on his or her person while Soliciting in the City. The Identification Badge shall bear the name of the City and shall contain:

1. Denial. Upon review, the Licensing Officer shall refuse to issue a Certificate to an Applicant for any of the following reasons:

2. Denial of Annual Certificate.

3. Suspension or Revocation. The City shall either suspend or revoke a Certificate when any of the reasons warranting the denial of a Certificate occurs.

4. Notice of Denial or Suspension. Upon determination of the Licensing Officer to deny an Applicant’s Completed Application or to suspend a Registered Solicitor’s Certificate, the City shall cause written notice to be sent to the Applicant or Registered Solicitor by the method indicated in the Completed Application. The Notice shall specify the grounds for the denial or suspension, the documentation or information the City relied on to make the decision, the availability of the documentation for review by Applicant upon one (1) business day notice to the City, and the date upon which the denial or suspension of the Certificate shall take effect. It shall further state that the Applicant or Registered Solicitor shall have ten (10) business days from the receipt of the notice of denial or suspension to appeal the same. The denial or suspension of the Certificate shall be effective no sooner than two (2) calendar days from the date the notice is sent, unless that suspension is because of exigent circumstances outlined in Section 5.40.030 Substantiated report, item (c)(iv), in which case, the suspension is effective immediately. The denial or suspension shall remain effective unless and until the order is rescinded, overturned on appeal, or determined by a court to be contrary to equity or law. Failure to appeal the suspension of a Certificate automatically results in its revocation. (Ord. 2009-6, adopted, 2009)

1. No Solicitor shall intentionally make any materially false or fraudulent statement in the course of Soliciting.

2. A Solicitor shall immediately disclose to the consumer during face-to-face Solicitation; (i) the name of the Solicitor; (ii) the name and address of the entity with whom the Solicitor is associated; and (iii) the purpose of the Solicitor’s contact with the person and/or Competent Individual. This requirement may be satisfied through the use of the Badge and an informational flyer.

3. No Solicitor shall use a fictitious name, an alias, or any name other than his or her true and correct name.

4. No Solicitor shall represent directly or by implication that the granting of a Certificate of Registration implies any endorsement by the City of the Solicitor’s Goods or Services or of the individual Solicitor. (Ord. 2009-6, adopted, 2009)

1. Any occupant of a Residence may give notice of a desire to refuse Solicitors by displaying a “No Solicitation” sign which shall be posted on or near the main entrance door or on or near the property line adjacent to the sidewalk leading to the Residence.

2. The display of such sign or placard shall be deemed to constitute notice to any Solicitor that the inhabitant of the Residence does not desire to receive and/or does not invite Solicitors.

3. It shall be the responsibility of the Solicitor to check each Residence for the presence of any such Notice.

4. The provisions of this Chapter shall apply also to Solicitors who are exempt from Registration pursuant to the provisions of this Chapter. (Ord. 2009-6, adopted, 2009)

1. Every person Soliciting or Advocating shall check each Residence for any “No Soliciting” sign or placard or any other notice or sign notifying a solicitor not to solicit on the premises, such as, but not limited to, “No Solicitation” signs. If such sign or placard is posted such Solicitor shall desist from any efforts to solicit at the Residence or dwelling and shall immediately depart from such property. Possession of a Certificate of Registration does not in any way relieve any solicitor of this duty.

2. It is a violation of this Chapter for any person Soliciting or Advocating to knock on the door, ring the doorbell, or in any other manner attempt to attract the attention of an occupant of a Residence that bears a “No Solicitation” sign or similar sign or placard for the purpose of engaging in or attempting to engage in Advocating, a Home Solicitation Sale, Door-to-Door Soliciting, or Soliciting.

3. It is a violation of this Chapter for any Solicitor through ruse, deception, or fraudulent concealment of a purpose to Solicit, to take action calculated to secure an audience with an occupant at a Residence.

4. Any Solicitor who is at any time asked by an occupant of a Residence or dwelling to leave shall immediately and peacefully depart.

5. The Solicitor shall not intentionally or recklessly make any physical contact with, or touch another person without the person’s consent;

6. The Solicitor shall not follow a person into a Residence without their explicit consent;

7. The Solicitor shall not continue repeated Soliciting after a person and/or Competent Individual has communicated clearly and unequivocally their lack of interest in the subject, Goods or Services of the Solicitor;

8. The Solicitor shall not use obscene language or gestures. (Ord. 2009-6, adopted, 2009)

1. The purpose of this chapter is to establish licensing requirements that are not contrary to law for residential facilities which provide services and support to residents in order to promote the health, safety, morals and general welfare of the public.

2. It is the intent of Lindon City to comply with the Utah Fair Housing Act, the Fair Housing Amendments Act of 1988 (42 USC Section 3601 et seq.), and Section 504 of the Federal Rehabilitation Act of 1973 et seq.

3. A residential care facility for elderly persons, a residential facility for persons with a disability, a residential transition and treatment facility, and transitional victim homes are permitted uses in all residential, commercial, and mixed commercial zones within the city.

4. It is the intent of the city, to the extent allowed by law, to maintain the residential feel of a residential neighborhood consistent with the general plan. (Ord. 2018-2 § 3, adopted, 2018)

1. For the purposes of this chapter, certain terms and words are defined and are used in this title in that defined context. Any words in this title not defined in this chapter shall be as defined in Webster’s Collegiate Dictionary.

2. As used in this chapter, the following words shall be defined as follows:

1. The owner or operator of a residential care facility shall provide to the city recorder, no less than ten (10) days prior to the placement of a resident within the facility, a notarized statement as follows:

2. The written statement required above shall be accompanied by evidence that the residential care facility has adopted a process for individualized assessments consistent with the requirements of Section 5.42.100.

3. Any residential care facility that provides services to residents who have any past history of sexual assault, sexual aggression, or any offense involving a weapon, or are known to have acted in a manner which has resulted in serious bodily injury to another person, shall provide proof of a security plan that is satisfactory to the Lindon City chief of police, and which at a minimum provides twenty-four (24) hour supervision for residents and twenty-four (24) hour security measures and which complies with the rules and requirements established by the Department of Human Services under Title 62A, Chapter 2, Licensure of Programs and Facilities.

4. The city shall not issue any residential care facility business license to any residential care facility that provides services to residents who have any past history of sexual assault, sexual aggression, or any offense involving a weapon, or which resulted in serious bodily injury to another person and which is proposed to be constructed and/or operated within one thousand (1,000) feet of a public or private school or licensed daycare as measured in a straight line between the closest property lines of the proposed facility and the school or daycare. (Ord. 2018-2 § 3, adopted, 2018)

1. Each candidate for residency will be evaluated to determine if such person would constitute a threat prior to allowing occupancy of the facility by such a person. Such assessments shall be conducted by a licensed psychologist, social worker or other licensed individual qualified to perform such assessments.

2. Assessments shall include, but not be limited to, consideration for such things as past criminal histories and/or violent acts of the individual, the amounts of time that have lapsed since such acts, and treatments the individual has received. Evaluations of individuals who have committed acts of sexual aggression or criminal sex acts shall also include psycho-sexual evaluations by a licensed psychiatrist or an individual holding a PhD in psychology. No individual determined to pose a risk for commission of sexual offenses, or being classified as having predatory tendencies, may be accepted as a resident.

3. Within seven (7) days of opening any residential facility, and at least quarterly thereafter, the person or entity licensed shall certify in a sworn affidavit to the city recorder the following:

1. An applicant who desires to request a reasonable accommodation from any of the requirements of this chapter based on the Utah Fair Housing Act, the Fair Housing Amendments Act of 1988 (42 USC Section 3601 et seq.), and Section 504 of the Federal Rehabilitation Act of 1973 et seq., shall have the right to make such request to the city recorder.

2. A request for reasonable accommodation shall include the following:

3. The city shall hold an informal hearing, which shall be held no later than thirty (30) business days following the city’s receipt of the applicant’s request for reasonable accommodation.

4. Within fourteen (14) business days of the hearing the applicant shall be given written decision on the request for reasonable accommodation. (Ord. 2018-2 § 3, adopted, 2018)

1. A residential care facility business license is nontransferable and shall terminate upon the occurrence of any of the following:

1. The owner or operator of a residential care facility shall be required to maintain the facility so as to be in continual compliance with the provisions of this chapter and upon request shall provide written proof of such to the city recorder.

2. If at any time the owner or operator of a residential care facility is unable to provide proof of continued compliance with the applicable provisions of the chapter, the residential care facility business license may be terminated.

3. Upon determining that a residential care facility is no longer in compliance with the applicable provisions of this chapter, the following provisions will apply:

1. An applicant or license holder who is denied a residential care facility business license or request for reasonable accommodation under this chapter may appeal the decision to the administrative law judge appointed pursuant to Section 2.22.070.

2. Notice of an appeal shall be filed with the city administrator within ten (10) days of the decision denying or revoking the residential care facility business license.

3. The notice of appeal shall identify the appellant and set forth the grounds for the appeal.

4. The city may elect to appoint a special administrative law judge with expertise in group homes and reasonable accommodation to hear the appeal.

5. Upon receipt of an appeal, the administrative law judge shall set an informal hearing as soon as practically possible (but not later than thirty (30) days after receipt of the request) in which the appellant and interested parties may address the city’s decision.

6. The appellant has the burden of proving the city’s decision was made in error.

7. The administrative law judge shall review factual matters on the record and shall be limited to reviewing documents and information presented to the city during the application process.

8. Any decision by the administrative law judge on an appeal of a residential care facility shall:

9. A party adversely affected by the decision of the administrative law judge may file a petition for review of the decision with the district court within thirty (30) days after the decision is final. (Ord. 2025-15 § 17, amended, 2025; Ord. 2018-2 § 3, adopted, 2018)

“Construction and demolition landfill” means the facility authorized by the Lindon City Council and Planning Commission to accept construction or demolition materials from individuals and contractors throughout the Utah County area.

“Construction or demolition materials” means the solid waste from construction or demolition activities, including wood, brick, stone, rubble, concrete, drywall, and other building materials, but does not include small amounts of such materials that are disposed of by regular household waste disposal methods.

“Contractor” means the entity operating the construction and demolition landfill.

“Dispose” or “Disposal” means to abandon, deposit, or otherwise discard materials as a final action after its use has been achieved or its use is no longer intended.

“Hazardous waste” means a solid waste or combination of solid waste which is a hazardous waste under the Utah “Solid and Hazardous Waste Act,” U.C.A. §26-141, and regulations issued under it. (Ord. 98-1, repealed and replaced, 2000; Ord. 2-95, adopted, 1995)