As used in this title:

BUSINESS: Includes all activities engaged in within the city carried on for the purpose of gain or economic profit, except that the acts of employees rendering service to employers shall not be included in the term business, unless otherwise specifically provided. EACH SEPARATE PLACE OF BUSINESS: Each separate establishment or place of operation, whether or not operating under the same name, within the city, including a home or other place of lodging if the same is held out by advertisements, listings or otherwise as the establishment or place of operation of a person engaging in the business of selling tangible, personal property at either retail or wholesale, or both, in the city. EMPLOYEE: The operator or manager of a place of business and any persons employed in the operation of said place of business in any capacity and also any salesperson, agent or independent contractor engaged in the operation of the place of business in any capacity. ENGAGING IN BUSINESS: Includes, but is not limited to, the sale of tangible personal property at retail or wholesale, the manufacturing of goods or property and the rendering of personal services for others for a consideration by persons engaged in any profession, trade, craft, business, occupation or other calling, except the rendering of personal services by an employee to his employer under any contract of personal employment. INTERSTATE COMMERCE: Transacting or transportation of products, services, or money across state borders. PLACE OF BUSINESS: Each separate location maintained or operated by the licensee within the city from which business activity is conducted or transacted. WHOLESALE: A sale of tangible personal property by wholesalers to retail merchants, jobbers, dealers or other wholesalers for resale, and does not include a sale by wholesalers or retailers to users or consumers not for resale, except as otherwise specified. WHOLESALER: A person doing a regularly organized wholesale or jobbing business and selling to retail merchants, dealers or other wholesalers, for the purpose of resale.

The city treasurer is designated and appointed as ex officio assessor of license fees for the city. On receipt of any application for a license, the city treasurer shall assess the amount due thereon and shall collect all license fees based upon the rate established by resolution. He shall enforce all provisions of this title, and shall cause to be filed complaints against all persons violating any of the provisions of this title. 

1. Contents: All applications for license shall include:
   
   1. The name of the person desiring a license and name of business.
   2. The kind of license desired, stating the business, calling, trade or profession to be performed, practiced or carried on.
   3. The class of license desired, if such licenses are divided into classes.
   4. The place where such business, calling, trade or profession is to be carried on, giving the street number if the business calling, trade or profession is to be carried on in any building or enclosure having such number.
   5. The period of time for which such license is desired to be issued.
2. Coin Operated Machine Or Device: In the event that the license application relates to a coin operated machine or device, the application shall identify the machine or device to which it applies and the location thereof.

1. Schedule: The city council may from time to time set the fees charged for business licenses by resolution as it deems necessary.
2. Interstate Commerce: None of the license taxes provided for by this section shall place an undue burden on interstate commerce. In any case, where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the license assessor and collector for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair as to such commerce. Such application may be made before, at, or within three (3) months after payment of the prescribed license fee. The applicant shall show his method of business and the gross volume or estimated gross volume of business and such other information as the license assessor and collector may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The license assessor and collector shall then conduct an investigation, comparing applicant's business with other businesses of like nature and shall make findings of fact from which he shall determine whether the fee fixed by this section is discriminatory, unreasonable or unfair as to applicant's business and shall recommend to the city council a license fee for the applicant in an amount that is nondiscriminatory, reasonable and fair. If the city council is satisfied that such license fee is the amount that the applicant should pay, it shall fix the license fee in such amount. If the regular license fee has already been paid, the city council shall order a refund of the amount over and above the fee fixed by the city council. In fixing the fee to be charged, the license assessor and collector shall have the power to base the fee upon a percentage of gross sales, or employees, or may use any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature.

1. Payable: Annual fees shall be payable before each calendar year, in advance. The annual license shall date from January 1 of each year and shall expire on December 31 of each year.
   
2. Due: Annual fees shall be due on January 1 of each calendar year and shall become delinquent if not paid by February 1 of each year.
   
3. Issued After July 1: One-half (1/2) of the annual fee shall be payable for all licenses issued by the city pursuant to applications made after July 1 of each year, and licenses issued after July 1 shall expire on January 1 of the ear following. Payment shall be due upon the date of application approval.
   
4. Penalty For Late Payment: If any license fee is not paid within thirty (30) days of the due date, a penalty as listed on the current approved Consolidated Fee Schedule shall be added to the original amount thereof. No license shall be issued until all penalties legally assessed have been paid.
   

1. Contents: All certificates of license shall be signed by the city treasurer attested by the city recorder, and shall contain the following information:
   1. Name: The name of the person and name of business to whom such certificate has been issued.
   2. Amount: The amount paid.
   3. Type: The type of license and the class of such license, if licenses are divided into classes.
   4. Term: The term of the license with the commencing date and the date of its expiration.
   5. Location: The place where such business, calling, trade or profession is to be conducted.
   6. Display
2. Required:
   1. Every certificate of license issued under this chapter shall be posted by the licensee in a conspicuous place upon the wall of the building, room or office of the place of business so that the same may be easily seen. When such certificate of license has expired, it shall be removed by the licensee from such place in which it has been posted, and no certificate of license which is not in force and effect shall be permitted to remain posted upon the wall or any part of any room within the place of business. If the licensee's business is such that a license cannot be displayed due to the transient or mobile nature of the business, then the licensee shall carry the license on his person, ready to be shown upon request by an authorized officer during all such time or times while the licensee is engaged in or pursuing the business for which a license is granted.
   2. Coin Operated Machine: In the event the license is for a coin operated machine or device, the certificate shall be attached or displayed in the immediate vicinity of the machine for which it has been issued.

No license granted or issued under any ordinance of the city shall be assigned or transferred to any other person. It shall not be deemed to authorize any person other than therein named to do business or to authorize any other business, calling, trade or profession than is therein named, unless by permission of the city council. 

A separate license must be obtained for each separate place of business in the city and each license shall authorize the licensee to engage only in the business licensed thereby at the location or in the manner designated in such license; provided, that warehouses and distributing places used in connection with or incident to a business licensed under this chapter shall not be deemed to be separate places of business or branch establishments.

Whenever any person is engaged in two (2) or more businesses at the same location within the city, such person shall be exempt from additional business license fees under NCC 5.02.050. Notwithstanding this fee exemption, a business license is required for each business, and an administrative application review fee shall be imposed for each business that requests a business license. The license fee to be paid shall be computed at the highest license fee applicable to any of the businesses being conducted at such location. The sale of beer or any other product or service requiring an additional license shall be subject to such additional licensing requirement. Where two (2) or more persons conduct separate businesses at the same location, each such person shall obtain a license for such business and pay the required license fee for such business.

1. Exceptions: No license shall be required for operation of any vehicle or equipment in the city when:
   1. Such vehicle is merely passing through the city.
   2. Such vehicle is used exclusively in intercity or interstate commerce.
2. Delivery Of Property: No license shall be required by this chapter of any person whose only business activity in the city is the mere delivery in the city of property sold by him at a regular place of business maintained by him outside the city where:
   1. Such person's business is at the time of such delivery licensed by the Utah municipality or county in which such place of business is situated; and
   2. The authority licensing such business grants to licensees of the city making deliveries within its jurisdiction the same privileges, upon substantially the same terms, as are granted by this section; and
   3. Neither the property delivered nor any of the facilities by which it was manufactured, produced, or processed are subject to inspection by authority of the city for compliance with health or sanitary standards prescribed by the city; and
   4. The delivery truck or other vehicle must prominently display at all times a business license issued by the said licensing authority. This license shall identify the licensing authority by which it is issued, shall indicate that it evidences a license issued thereby, and shall specify the year or term for which it is effective.
3. Certification Of Section: The city recorder shall, at the request of any person, certify a copy of this section to any municipality or county of the state to which a copy has not previously been certified.

1. Exempt Businesses
   1. The following shall be exempt from all business license requirements, including fees.
      1. Any business that is operated only occasionally and by an individual who is under 18 years of age.
   2. The following business types shall be exempt from all business license fees under NCC 5.02.050. Notwithstanding this exemption, a business license is required, and an administrative application review fee shall be imposed for those businesses that request a business license:
      1. Any person engaged in business for solely religious, charitable, or other types of strictly nonprofit purpose which is tax exempt in such activities under the laws of the United States or the state, nor shall any license fee be imposed on any person engaged in a business specifically exempted from municipal taxation and fees by the laws of the United States or the state.
      2. Any person not maintaining a place of business within the city who has paid a like or similar license tax or fee to some other taxing unit within the state and which taxing unit exempts from its license tax or fee, by reciprocal agreement or otherwise, businesses located in the city and doing business in such taxing unit.
      3. Any home-based business which combined offsite impacts do not materially exceed the offsite impact of the primary residential use alone. This exemption shall be made if all of the following conditions are met:
         1. No persons not living in the home are employed by the business.
         2. No client visits are conducted.
         3. Deliveries to support the business are limited to less than three times per week.
         4. No use of hazardous or toxic materials.
         5. The business operations will not result in excessive noise or offensive odors.
         6. The business operations will not result in additional demand of public facilities or services, including water or sewer use.
2. Reciprocal Agreements With Other Agencies: The license assessor and collector may, with approval of the city council, enter into reciprocal agreements with the proper officials of other taxing units, as may be deemed equitable and proper in effecting the exemption provided for in subsection A of this section.

1. Failure To Comply; Unlawful Activities: Any license issued pursuant to the provisions of this code or of any ordinance of the city may be revoked and any application denied by the city council because of:
   1. The failure of the licensee or applicant to comply with the conditions and requirements of this code or any ordinance of the city.
   2. Unlawful activities conducted or permitted on the premises where the business is conducted.
2. Notice To Licensee: Prior to the revocation of a license or denial of an application to renew business license, the licensee or applicant shall be given a notice which shall state in substance that the city council intends to revoke the business license or deny the application to renew, together with the reason or reasons therefore, at a regular or special meeting of the city council (which shall be at least 10 days and not more than 30 days from the date notice is sent), and that the licensee or applicant has a right to appear, to be represented by counsel, to hear the evidence against him, to cross-examine witnesses and to present evidence as to why the license should not be revoked or the application denied.
3. Not Applicable To Businesses Not Previously Licensed: The preceding subsection shall not apply to applications for licenses for businesses which have not previously been licensed by the city, and such applicants need only be informed that their application has been denied.

No license granted or issued under any ordinance of the city may be used to operate a business larger than the scope of the approved license. If the scope of the business evolves during the tenure of an approved license, the license holder must receive approval again from the city for any changes by applying for a new license.

The following appeal process shall apply to all business licenses granted or denied by Nibley City.

1. Written Appeal: Aggrieved applicants may appeal the decision of the business license official within ten (10) days of receipt or delivery of said decision. Appeals shall be filed by a written statement submitted to the city recorder or designee detailing the grounds upon which the aggrieved applicant is appealing the business license official's decision together with payment of the Business License Appeal Fee as currently listed on the Consolidated Fee Schedule. Upon receipt of such an appeal, it shall be scheduled for a hearing before the designated hearing officer within twenty (20) days, unless such time is extended for good cause.
2. Hearing Required: The Administrative Appeal Officer shall afford the appellant an opportunity, in a hearing, to show cause as to why the license should not be denied or revoked.
   1. Notice: The date, time and place of the hearing shall be fixed by the city recorder or designee and personal service of the appellant for the notice thereof shall be attempted. The city recorder or designee must make reasonable steps to ensure the appellant gets actual notice. The notice shall indicate the purpose of the hearing and the action contemplated.
   2. Procedure: At the hearing, the appellant shall have the right to appear personally or by counsel, to cross examine witnesses, and to produce evidence and witnesses on their behalf.
   3. Burden Of Proof: The appellant has the burden of proof to show that the application should be granted.

Unless the application thereof is clearly impractical or inappropriate, in view of the context of purposes or penalty as provided, all of the definitions, requirements, regulations, prohibitions, provisions and sections of the Utah alcoholic beverage control act (Utah Code 32A), as amended, are hereby adopted by the city. Any and all violations thereof shall be considered violations of this chapter and each such violation shall subject the violator thereof to penalty provisions under this chapter.

1. Verified: All applications for alcoholic beverage licenses authorized by this chapter shall be verified and shall be filed with the city recorder. The application must state the applicant's name in full, that he understands and has read and complied with the requirements, and that he possesses the qualifications specified in the alcoholic beverage control act and this chapter. If the applicant is a copartnership, the names and addresses of all partners, and if a corporation, the names and addresses of all officers and directors, must be stated.
2. Subscribed: The application must be subscribed by the applicant who shall state under oath that the facts therein contained are true.
3. Renewal: All applications for renewal licenses filed by the holders of existing licenses shall be filed with the city recorder at least thirty (30) days prior to the expiration date of the then issued license. Any person who fails to file such application within the time limit shall close his licensed premises on the expiration date of the then issued license and shall keep the premises closed for any and all business for the sale of alcoholic beverages until the date of his new license is issued by the city council.

1. Annual Regulatory License Fee: In addition to any other business license fee which any person or place of business may be required to pay, there is hereby imposed on the business location of every person engaged in the sale or dispensing of alcoholic beverages an annual regulatory license fee. The amount of the annual regulatory fee will be listed on the Consolidated Fee Schedule approved by city council, according to the license classification.
2. License Fee To Accompany Application: Applications provided for in this chapter shall be accompanied by the fees provided in this section. The fee shall be returned to the applicant if the application is denied.

All applications filed in accordance with the provisions of this chapter shall be referred to the law enforcement agency for inspection and report. The law enforcement agency shall, when possible, within seven (7) days after receiving such application make a report to the city council of: 1) the general reputation and character of the persons who habitually frequent such place; 2) the nature and kind of business conducted at such place by the applicant, by any other person, or by the applicant at any other place; 3) whether the place is or has been conducted in a lawful, quiet and orderly manner; 4) the nature and kind of entertainment, if any, at such place; 5) whether gambling is or has been permitted on the premises or by the applicant at any other place; and 6) the proximity of such premises to any school, church, park or library. The law enforcement agency shall also add to such report its recommendation as to whether or not the application should be granted.

1. Compliance Bond: No regulatory license required by this chapter shall be granted by the city council until the applicant shall have filed a compliance bond with the city treasurer in an amount to be determined by the city council and established by resolution. The bond shall be made payable to the city, conditioned upon the licensee's faithful compliance with the alcoholic beverage control act and the ordinances of the city.
   
2. Failure To Maintain Valid Bond: If the licensee fails to maintain a valid bond, payable to the city, the alcoholic beverage license shall be immediately suspended until such time as a valid bond is obtained. Failure to obtain a bond within thirty (30) days of notification by the city of the delinquency shall result in the automatic revocation of the city alcoholic beverage license.
   
3. Withdrawal Of Bond Restricted: No part of the bond may be withdrawn until the alcoholic beverage license has been in effect for a period of at least five (5) years, after which time the city may elect to waive continuance of the bond, if it is determined that the licensee has demonstrated faithful compliance with the laws of the state and the ordinances of the city. Persons who have been granted and maintained a city beer license for at least three (3) years prior to the passage of the ordinance codified in this chapter, and who have subsequently demonstrated faithful compliance with the laws of the state and city ordinances, shall be exempted from the bond requirement unless the license has been allowed to expire.

No license under this chapter shall be issued until the applicant shall have first procured from the applicable health department a permit which shall show that the premises to be licensed are in a sanitary condition and that the equipment used in the storage, distribution or sale of alcoholic beverages complies with all the health regulations of the city and the state.

1. Required: No person shall be granted a license to operate or maintain a trade, profession or calling, the transaction or carrying on of which requires a license, within the city if such person operates an establishment which, as part of its business, serves alcoholic beverages, as defined in Utah Code § 32A-1-105(2), to the public for consumption on the premises, unless that person shall show by certificate granted by the Utah department of alcoholic beverage control, or by adequate proof of the existence of such certificate, that each employee of the business engaging in the serving, selling or furnishing of such alcohol on the premises has completed the alcoholic training and education seminar, as required in Utah Code § 62A-8-403.
   
2. New Employees: Every new employee hired after the licensee has been licensed in compliance with subsection A of this section, who is required to complete this seminar, shall complete the seminar within six (6) months of commencing employment. Violation of this section will result in revocation of the license granted, unless compliance is completed within two (2) months of the time that licensee first became aware that such violation occurred.

Retail alcoholic beverage licenses shall be of the following kinds, shall carry the following privileges, and shall be known as: class A beer, class B beer, class C beer and liquor consumption, and temporary beer.

1. Class A Beer License: Class A beer retail licenses shall entitle the licensee to sell beer on the premises, in original sealed containers no larger than two (2) liters, for consumption off the premises, in accordance with the ordinances of the city, provided beer is not sold by minors except under the supervision of a person twenty one (21) years of age or older who is on the premises.
2. Class B Beer License: Class B beer retail licenses shall entitle the licensee to sell beer in the original containers, and on draft, in containers no larger than two (2) liters, for on-premises consumption; beer in sealed containers no larger than two (2) liters may be sold for consumption off-premises in accordance with the alcoholic beverage control act, and the ordinances of the city.
3. Class C Beer And Liquor Consumption License: Class C beer and liquor consumption licenses shall entitle restaurant and private club licensees to sell liquor and beer for consumption on the premises, and to sell beer in sealed containers no larger than two (2) liters, for off-premises consumption, as specifically defined in, and in accordance with the alcoholic beverage control act.
4. Temporary Beer License: Temporary beer licenses, for sale or dispensing of beer, may be issued for a period of time not to exceed thirty (30) days, and in accordance with the ordinances of the city. The process obtaining approval for a temporary beer license includes applying for and receiving approval for a Temporary Business License, which standards include a background check, and proof of authorization to do business within the State of Utah. Before the event, applicant must apply for a State Temporary Beer Permit and meet the qualifications required by the Utah Department of Alcoholic Beverage Services. A fee is required with application to the City, and a deposit is required before the event, as listed on the current approved Consolidated Fee Schedule.

It is a class B misdemeanor and subject to penalty as provided in NCC 1.08.010 for any licensee to purchase or acquire, or to have or possess for the purpose of sale or distribution, any alcoholic beverage except that which they shall have lawfully purchased, as defined in the alcoholic beverage control act.

A separate license shall be required for each place of sale and the license shall at all times be conspicuously displayed in the place to which it shall refer or for which it shall be issued. All licensees shall comply with the alcoholic beverage control act and the regulations of the alcoholic beverage control commission.

Licenses issued pursuant to this chapter shall not be transferrable, and if revoked by the city council, the fee paid by the licensee to the city for the license shall be forfeited to the city.

1. Location Of Business; Exception; Variance:
   1. No class B, class C, or temporary alcoholic beverage license shall be granted to a business located within one thousand five hundred feet (1,500') of any public or private school, church, public library, public playground or park, measured from the nearest entrance of the outlet by following the shortest route of either ordinary pedestrian traffic or, where applicable, vehicular travel along public thoroughfares, whichever is the closer, to the property boundary of the public or private school, church, public library, public playground, school playground or park; and within six hundred feet (600') if measured in a straight line from the nearest entrance of the proposed outlet to the nearest property boundary of the public or private school, church, public library, public playground, school playground or park.
   2. No class A alcoholic beverage licenses, for sale of beer for off-premises consumption, shall be granted to any business located within six hundred feet (600') of any public or private school or church, measured from the nearest entrance of the outlet by following the shortest route of either ordinary pedestrian traffic or, where applicable, vehicular travel along public thoroughfares, whichever is the closer, to the property boundary of the public or private school or church; and within two hundred feet (200') if measured in a straight line from the nearest entrance of the proposed outlet to the nearest property boundary of the public or private school or church.
   3. If compliance with distance requirements would result in peculiar and exceptional practical difficulties, or exceptional and undue hardships, a variance may be required of the city council. Following a public hearing, a variance may or may not be granted by the city council. Should the city grant a variance for a class B or C license, final authority regarding state licensure would require approval of the variance by the alcoholic beverage control commission.
2. Conduct Of Employees And Entertainers: Lewd attire and/or sexually oriented conduct of employees and entertainers, as explicitly defined in Utah Code § 32A-10-206(10 and 13), are prohibited. Furthermore, entertainers are prohibited in this city from performing unclothed, or in attire, costume or clothing that exposes to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals.
   
3. Giving, Selling And Providing Alcoholic Beverages To Specific Persons: It is unlawful for any person to give, sell, or otherwise provide alcoholic beverages for consumption to:
   1. Any person under the age of twenty one (21) years;
   2. Any person who is apparently under the influence of intoxicating alcoholic beverages or products or drugs;
   3. Any person whom the person furnishing the alcoholic beverage knew or should have known from the circumstances was under the influence of intoxicating alcoholic beverages or products or drugs; or
   4. Any person who is a known interdicted person.
4. Business Or Premises Where Gasoline Sold: Only a class A beer license may be granted to any person to sell beer at any business or premises where gasoline for use in motor vehicles is sold.
   
5. Hours Of Alcoholic Beverage Sales: It shall be unlawful to sell or otherwise furnish or dispose of an alcoholic beverage, whether or not the premises are open to the public, during the following days and hours, according to license classification:
   1. Class A Beer License: Beer may not be sold between the hours of one minute after two o'clock (2:01) A.M. and eight o'clock (8:00) A.M.
   2. Class B Beer License: Beer may not be sold between the hours of one minute after twelve o'clock (12:01) A.M. and ten o'clock (10:00) A.M.
   3. Class C Beer And Liquor Consumption License:
      1. Restaurants: Liquor may not be sold or offered for sale on the day of any election until after the polls close, including regular general, regular primary, special statewide, municipal, special district or school elections; or on any other day between the hours of twelve o'clock (12:00) midnight and twelve o'clock (12:00) noon. Beer may not be sold between the hours of one o'clock (1:00) A.M. and ten o'clock (10:00) A.M.; and
      2. Private Clubs: Liquor may not be sold or offered for sale on the day of any election until after the polls close, including regular general, regular primary, special statewide, municipal, special district or school elections; or on Sundays and any state or federal legal holiday after twelve o'clock (12:00) midnight and before twelve o'clock (12:00) noon, or on any other day between the hours of one o'clock (1:00) A.M. and ten o'clock (10:00) A.M. Beer may not be sold between the hours of one o'clock (1:00) A.M. and ten o'clock (10:00) A.M.
6. On-Premises Consumption After Hours: On-premises consumption of alcoholic beverages may continue for one hour past the time sales cease. Anyone having a class B beer or class C beer and liquor consumption license, or their agents or employees, shall close the establishment and remove or cause to be removed from the premises all patrons, customers, or individuals not employed on the premises no later than two o'clock (2:00) A.M.
   
7. Unlawful For Patrons To Remain On Premises After Closing: It shall be unlawful for any class B or class C licensee, or for their agents or employees, to permit any patron, customer, or individual not employed on the premises to remain on such premises after the closing time of two o'clock (2:00) A.M.
   
8. Illumination Of Premises: Licensed premises shall be kept brightly illuminated at all times while occupied or open for business; no booth, or other type of stall, shall be maintained unless all tables, chairs, and occupants are kept open to full view from the main floor and the entrance of such licensed premises.
   
9. Advertising: It shall be unlawful to advertise the sale of alcoholic beverages, except as defined in the alcoholic beverage control act.
   
10. Number Of Alcoholic Beverage Licenses: The total number of businesses licensed to sell alcoholic beverages in the city shall not exceed:
    1. An unlimited number of class A beer licenses.
    2. Two (2) class B beer licenses.
    3. Two (2) class C beer and liquor consumption licenses.

1. Premises Subject To Inspection: All licensed premises shall be subject to inspection by any officer, agent, or peace officer of the city or the alcoholic beverage control commission, or the state board of health, and every licensee shall, at the request of the board of health furnish to it samples of alcoholic beverages which they shall have for sale.
   
2. Revocation Of License For Violation: Any license granted pursuant to this chapter may be revoked on a finding by the city council that the licensee has had ten (10) days' or more notice from the board of health that the licensee is violating one or more health ordinances, rules or regulations of the city or of the Utah division of health and has failed to comply with such health ordinance, rules or regulations.
   
3. Closing Of Business: The city council may direct the law enforcement agency to close down any business licensed under this chapter where the board of health has determined that continued operation of the business presents an imminent danger to the health of the community or persons who may eat or drink at the business.

1. A felony under any federal or state law;
   
2. Any violation of any federal or state law or local ordinance concerning the sale, manufacture, distribution, warehousing, adulteration or transportation of alcoholic beverages; or
   
3. Any crime involving moral turpitude;
   
4. Nor shall any license to sell alcoholic beverages be granted to anyone who has violated any provision of the ordinances of the city relating to intoxicating liquors; nor to any individual less than twenty one (21) years of age.

1. Violations Related To Operation Of Business: The city council may, after a hearing, revoke or suspend any alcoholic beverage license on a finding by it that the licensee or his officers, agents or employees have violated any provision of this chapter or any ordinance of the city, whether now or hereafter enacted, which in any way related to the operation of the business or the safety of the public.
2. Hearing: A hearing before the city council may be requested by any person:
   1. That is denied or refused an alcoholic beverage license by any officer, agent or employee of the city.
   2. Whose alcoholic beverage license is revoked, restricted, qualified, or limited from that for which it was first issued.
3. Request For Hearing: The request for hearing must be made in writing to the city recorder and made within thirty (30) days following the date notice denying, refusing, revoking, qualifying, restricting or revoking the alcoholic beverage license is mailed by the city to the applicant or license holder at his address as it appears on the application or license. This Request for Hearing is considered a Business License Appeal Request Application, and must be accompanied by payment as currently listed on the Consolidated Fee Schedule.
4. Notification Of Hearing: Following receipt of a request for hearing, the city recorder shall inform the person requesting a hearing of the time and place the hearing is to be held. At the hearing, the aggrieved party shall have the right to hear and examine any witnesses the city may produce to support its decision and to present his own evidence in support of his contention. The city council shall, within ten (10) days following the conclusion of the hearing, in writing, inform the person who requested the hearing of the decision of the city council.
5. No More Than One Hearing: This section shall not be construed so as to afford any aggrieved party more than one hearing before the city council nor shall the hearing provided in this chapter apply to any criminal complaint or proceeding.

1. Sales Without License: It shall be a class B misdemeanor and, upon conviction thereof, subject to penalty as provided in NCC 1.08.010, for any person to engage in the business of selling alcoholic beverages at retail without first having procured a license therefor from the city.
   
2. Sales After Revocation Of License: It shall be a class B misdemeanor and, upon conviction thereof, subject to penalty as provided in NCC 1.08.010, for any person to sell alcoholic beverages after the revocation of the license issued pursuant to this chapter.

1. Title: This chapter shall be known as the SALES AND USE TAX ORDINANCE OF NIBLEY CITY.
2. Purpose:
   1. Authorization Of Tax: The forty eighth session of the Utah legislature authorized the counties and municipalities of the state to enact sales and use tax ordinances imposing a one percent (1%) tax.
   2. Tax Established: It is the purpose of this chapter to conform the sales and use tax of the city to conform to the requirements of the sales and use tax act, Utah Code 59-12, as currently amended.
3. Tax Imposed:
   1. Imposed:
      1. From and after the effective date hereof, there is levied and there shall be collected and paid a tax upon every retail sale of tangible personal property, services and meals made within the city at the rate of one percent (1%).
      2. An excise tax is hereby imposed on the storage, use or other consumption in the city of tangible personal property from any retailer on or after the operative date hereof at the rate of one percent (1%) of the sales price of the property.
      3. For the purposes of this chapter, all retail sales shall be presumed to have been consummated at the place of business delivered by the retailer or their agent to an out-of-state destination or to a common carrier for delivery to an out-of-state designation. In the event a retailer has no permanent place of business, the place or places at which the retail sales are consummated shall be as determined under the rules and regulations prescribed and adopted by the state tax commission. "Public utilities", as defined by Utah Code 54, shall not be obligated to determine the place or places within any county or municipality where public utilities are rendered, but the place of sale or the sales tax revenue arising from such service allocable to the city shall be as determined by the state tax commission pursuant to an appropriate formula and other rules and regulations to be prescribed and adopted by it.
   2. Adoption Of State Codes; Provisions:
      1. Except as hereinafter provided, and except insofar as they are inconsistent with the provisions of the sales and use tax act, all of the provisions of Utah Code 59-12, as amended, insofar as they relate to sales taxes, excepting Utah Code §§ 59-12-101 and 59-12-119 thereof, are hereby adopted and made a part of this chapter as though fully set forth herein.
      2. Wherever, and to the extent that in Utah Code 59-12, the state of Utah is named or referred to as the taxing agency, the name of this city shall be substituted therefor. Nothing in subsection C,2 of this section shall be deemed to require substitution of the name of the city for the word "state" when the word is used as part of the title of the state tax commission, or of the constitution of the state of Utah, nor shall the name of the city be substituted for that of the state in any section when the result of that substitution would require action to be taken by or against the state tax commission in performing the functions incident to the administration or operation of this chapter.
      3. If an annual license has been issued to a retailer under Utah Code § 59-12-106, an additional license shall not be required by reason of this subsection.
      4. There shall be excluded from the purchase price paid or charged by which the tax is measured:
         1. The amount of any sales or use tax imposed by the state upon a retailer or consumer.
         2. The gross receipts from the sale of or the cost of storage, use or other consumption of tangible personal property upon which a sales or use tax has become due by reason of the sales transaction to any other municipality and any county in the state under the sales or use tax ordinance enacted by that county or municipality in accordance with the sales and use tax act.
4. Penalty: Any person violating any of the provisions of this chapter shall be deemed guilty of a class B misdemeanor, and upon conviction thereof, shall be subject to penalty as provided in NCC 1.08.010.
   

1. Purpose: It is the intent of the city to repeal its franchise tax levied on gas and electricity and adopt the municipal energy sales and use tax, pursuant to and in conformance with Utah Code § 10-1-301 et seq., the municipal energy sales and use tax act.
2. Definitions: As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection:
   
   CONSUMER: A person who acquires taxable energy for any use that is subject to the municipal energy sales and use tax.
   
   CONTRACTUAL FRANCHISE FEE:
   1. A fee:
      1. Provided for in a franchise agreement; and
      2. That is consideration for the franchise agreement; or
      1. A fee similar to subsection 1 of this definition; or
      2. Any combination of subsections 1 or 2 of this definition.
   DELIVERED VALUE:
   1. The fair market value of the taxable energy delivered for sale or use in the city and includes:
      1. The value of the energy itself; and
      2. Any transportation, freight, customer demand charges, service charges or other costs typically incurred in providing taxable energy in usable form to each class of customer in the city.
   2. Delivered value does not include the amount of a tax paid under Utah Code 59-12 Part 1 or Part 2.
   ENERGY SUPPLIER: A person supplying taxable energy, except for persons supplying a minimal amount of taxable energy, if such persons are excluded by rule put into law by the state tax commission.
   
   FRANCHISE AGREEMENT: A franchise or an ordinance, contract or agreement granting a franchise.
   
   FRANCHISE TAX:
   1. A franchise tax.
   2. A tax similar to a franchise tax; or
   3. Any combinations of subsection 1 or 2 of this definition.
   PERSON: Includes any individual, firm, partnership, joint venture, association, corporation, estate, trust, business trust, receiver, syndicate, this state, any county, city, municipality, district, or other local governmental entity of the state, or any group or combination acting as a unit.
   
   SALE: Any transfer of title, exchange or barter, conditional or otherwise, in any manner, of taxable energy for a consideration. It includes:
   1. Installment and credit sales;
   2. Any closed transaction constituting a sale;
   3. Any transaction under which right to acquire, use or consume taxable energy is granted under a lease or contract and the transfer would be taxable if an outright sale were made.
   STORAGE: Any keeping or retention of taxable energy in this city for any purpose, except sales in the regular course of business.
   
   TAXABLE ENERGY: Gas and electricity.
   
   USE:
   1. The exercise of any right or power over taxable energy incident to the ownership or the leasing of the taxable energy.
   2. Use does not include the sale, display, demonstration or trial of the taxable energy in the regular course of business and held for resale.
3. Tax Imposed: There is hereby levied, subject to the provisions of this section, a tax on every sale or use of taxable energy made within the city equaling six percent (6%) of the delivered value of the taxable energy to the consumer. This tax shall be known as the municipal energy sales and use tax.
   1. Calculation: The tax shall be calculated on the delivered value of the taxable energy to the consumer.
   2. Additional Tax: The tax shall be in addition to any sales or use tax on taxable energy imposed by the city as authorized by Utah Code 59-12 Part 2, the local sales and use tax act.
4. Exemptions To Tax
   1. No exemptions are granted from the municipal energy sales and use tax, except as expressly provided in Utah Code § 10-1-305(2)(b); notwithstanding an exemption granted under Utah Code § 59-1-104.
   2. The following are exempt from the municipal energy sales and use tax, pursuant to Utah Code § 10-1-305(2)(b):
      1. Sales and use of aviation fuel, motor fuel and special fuels subject to taxation under Utah Code 59-13;
      2. Sales and use of taxable energy that is exempt from taxation under federal law, the United States constitution or the Utah constitution;
      3. Sales and use of taxable energy purchased or stored for resale;
      4. Sales or use of taxable energy to a person, if the primary use of the taxable energy is for use in compounding or producing taxable energy or a fuel subject to taxation under Utah Code 59-13;
      5. Taxable energy brought into the state by a nonresident for the nonresident's own personal use or enjoyment while within the state, except taxable energy purchased for use in the state by a nonresident living or working in the state at the time of purchase;
      6. The sale or use of taxable energy for any purpose other than as a fuel or energy; and
      7. The sale of taxable energy for use outside the boundaries of the city.
   3. The sale, storage, use or other consumption of taxable energy is exempt from the municipal energy sales and use tax levied by this section, provided:
      1. The delivered value of the taxable energy has been subject to a municipal energy sales or use tax levied by another municipality within the state authorized by Utah Code 59-12 Part 3; and
      2. The city is paid the difference between the tax paid to the other municipality and the tax that would otherwise be due under this section, if the tax due under this section exceeds the tax paid to the other municipality.
5. Existing Franchise Agreements:
   1. No Alteration: This section shall not alter any existing franchise agreements between the city and energy suppliers.
   2. Credit Against Tax Due: There is a credit against the tax due from any consumer in the amount of a contractual franchise fee paid if:
      1. The energy supplier pays the contractual franchise fee to the city pursuant to a franchise agreement in effect on July 1, 1997;
      2. The contractual franchise fee is passed through by the energy supplier to a consumer as a separately itemized charge; and
      3. The energy supplier has accepted the franchise.
6. Contract With State Tax Commission:
   1. Required; Authority Of Mayor: On or before the effective date hereof, the city shall contract with the state tax commission to perform all functions incident to the administration and collection of the municipal energy sales and use tax, in accordance with this section. This contract may be a supplement to any existing contract with the commission to administer and collect the local sales and use tax, as provided in this code. The mayor, with the approval of the city council and city attorney, is hereby authorized to enter into agreements with the state tax commission that may be necessary to the continued administration and operation of the municipal energy sales and use tax ordinance enacted by this section.
   2. Monthly Payments By Supplier; Conditions: An energy supplier shall pay the municipal energy sales and use tax revenues collected from consumers directly to the city monthly if:
      1. The city is the energy supplier; or
         1. The energy supplier estimates that the municipal energy sales and use tax collected annually from its Utah consumers equals one million dollars ($1,000,000.00) or more, and
         2. The energy supplier collects the municipal energy sales and use tax.
   3. Deduction Of Franchise Fees: An energy supplier paying the municipal energy sales and use tax directly to the city may deduct any contractual franchise fees collected by the energy supplier qualifying as a credit and remit the net tax less any amount the energy supplier retains as authorized by Utah Code § 10-1-307(4).
7. State Statutes Incorporated:
   1. Specified; Exemptions: Except as herein provided, and except insofar as they are inconsistent with the provisions of Utah Code § 10-1 Part 3, municipal energy sales and use tax act, as well as this section, all of the provisions of Utah Code 59-12 Part 1, as amended, and in force and effect on the effective date hereof, insofar as they relate to sales and use taxes, excepting Utah Code §§ 59-12-101 and 59-12-119 thereof, and excepting for the amount of the sales and use taxes levied therein, are hereby adopted and made a part of this section as if fully set forth herein.
   2. Substitution Of Terms: Wherever, and to the extent that in Utah Code 59-12 Part 1, as amended, the state is named or referred to as the "taxing agency", the name of the city shall be substituted, insofar as is necessary for the purposes of that part, as well as Utah Code 10-1 Part 3, as amended. Nothing in this subsection shall be deemed to require substitution of the name of the city for the word "state" when that word is used as part of the title of the state tax commission, or of the constitution of Utah, nor shall the name of the city be substituted for that of the state in any section when the result of such a substitution would require action to be taken by or against the city or any agency thereof, rather than by or against the state tax commission in performing the functions incident to the administration or operation of this section.
   3. Amendments: Any amendments made to Utah Code 59-12 Part 1, as amended, which would be applicable to the city for the purposes of carrying out this section are hereby incorporated herein by reference and shall be effective upon the date that they are effective as a Utah statute.
8. Additional License Or Reporting Not Required: No additional license to collect or report the municipal energy sales and use tax levied by this section is required, provided the energy supplier collecting the tax has a license issued under Utah Code § 59-12-106.
9. Effective Date Of Levy: This section is effective June 30, 1997. The municipal energy sales and use tax shall be levied beginning one minute after twelve o'clock (12:01) A.M., July 1, 1997.

1. Definitions: As used in this section:
   
   COMMISSION: The state tax commission.
   
   CUSTOMER:
   1. Subject to subsections 2 and 3 of this definition the person who is obligated under a contract with a telecommunications provider to pay for telecommunications service received under the contract.
   2. For purposes of this section, "customer" means:
      1. The person who is obligated under a contract with a telecommunications provider to pay for telecommunications service received under the contract; or
      2. If the end user is not the person described in subsection 2,a of this definition, the end user of telecommunications service.
   3. "Customer" does not include a reseller:
      1. Of telecommunications service; or
      2. For mobile telecommunications service, of a serving carrier under an agreement to serve the customer outside the telecommunications provider's licensed service area.
   END USER:
   1. The person who uses a telecommunications service.
   2. For purposes of telecommunications service provided to a person who is not an individual, "end user" means the individual who uses the telecommunications service on behalf of the person who is provided the telecommunications service.
   GROSS RECEIPTS ATTRIBUTED TO THE MUNICIPALITY: Those gross receipts from a transaction for telecommunications services that is located within the municipality for the purposes of sales and use taxes under Utah Code 59-12, sales and use tax act and determined in accordance with Utah Code § 59-12-207.
   
   GROSS RECEIPTS FROM TELECOMMUNICATIONS SERVICE: The revenue that a telecommunications provider receives for telecommunications service rendered except for amounts collected or paid as:
   1. A tax, fee, or charge:
      1. Imposed by a governmental entity;
      2. Separately identified as a tax, fee, or charge in the transaction with the customer for the telecommunications service; and
      3. Imposed only on a telecommunications provider;
   2. Sales and use taxes collected by the telecommunications provider from a customer under Utah Code 59-12, sales and use tax act; or
   3. Interest, a fee, or a charge that is charged by a telecommunications provider on a customer for failure to pay for telecommunications service when payment is due.
   MOBILE TELECOMMUNICATIONS SERVICE: Is as defined in the mobile telecommunications sourcing act, 4 USC section 124.
   
   MUNICIPALITY: Nibley City.
   
   PLACE OF PRIMARY USE:
   1. For telecommunications service other than mobile telecommunications service, means the street address representative of where the customer's use of the telecommunications service primarily occurs, which shall be:
      1. The residential street address of the customer; or
      2. The primary business street address of the customer; or
   2. For mobile telecommunications service, is as defined in the mobile telecommunications sourcing act, 4 USC section 124.
   SERVICE ADDRESS: Notwithstanding where a call is billed or paid:
   1. If the location described in this subsection 1 is known, the location of the telecommunications equipment:
      1. To which a call is charged; and
      2. From which the call originates or terminates;
   2. If the location described in subsection 1 of this definition is not known but the location described in this subsection 2 is known, the location of the origination point of the signal of the telecommunications service first identified by:
      1. The telecommunications system of the telecommunications provider; or
      2. If the system used to transport the signal is not a system of the telecommunications provider, information received by the telecommunications provider from its service provider; or
   3. If the locations described in subsection 1 or 2 of this definition are not known, the location of a customer's place of primary use.
   TELECOMMUNICATIONS PROVIDER:
   1. Subject to subsections 2 and 3 of this definition, a person that:
      1. Owns, controls, operates, or manages a telecommunications service; or
      2. Engages in an activity described in subsection 1.a of this definition for the shared use with or resale to any person of the telecommunications service.
   2. A person described in subsection 1 of this definition is a telecommunications provider whether or not the public service commission of Utah regulates:
      1. That person; or
      2. The telecommunications service that the person owns, controls, operates, or manages.
   3. "Telecommunications provider" does not include an aggregator as defined in Utah Code § 54-8b-2.

TELECOMMUNICATIONS SERVICE:

1. Telephone service, as defined in Utah Code § 59-12-102, other than mobile telecommunications service, that originates and terminates within the boundaries of this state; and
2. Mobile telecommunications service, as defined in Utah Code § 59-12-102:
   1. That originates and terminates within the boundaries of one state; and
   2. Only to the extent permitted by the mobile telecommunications sourcing act, 4 USC section 116 et seq.
3. Those services defined and described as telecommunication services in Nibley City Code § 13.10.020
   

1. Levy Of Tax: There is hereby levied a municipal telecommunications license tax on the gross receipts from telecommunications service attributed to this municipality.
2. Rate: The rate of the tax levy shall be four percent (4%) of the telecommunication provider's gross receipts from telecommunications service that are attributed to the municipality subject to the following: If the location of a transaction is determined to be other than this municipality then the rate imposed on the gross receipts for telecommunications service shall be the lower of: a) the rate imposed by the taxing jurisdiction in which the transaction is located or b) the rate for nonmobile telecommunications service shall be the rate imposed by the municipality in which the customer's service address is located; or for mobile telecommunications service, the rate imposed by the municipality of the customer's primary place of use.
3. Rate Limitation And Exemption: This rate of this levy shall not exceed four percent (4%) of the telecommunication provider's gross receipts from telecommunications service attributed to the municipality unless a higher rate is approved by a majority vote of the voters in this municipality that vote in:
   1. A municipal general election;
   2. A regular general election; or
   3. A local special election.
4. Effective Date Of Tax Levy: This tax shall be levied beginning the earlier of July 1, 2004, or the first day of any calendar quarter after a seventy five (75) day period beginning on the date the commission received notice pursuant to Utah Code § 10-1-403 that this municipality has enacted this section.
5. Changes In Rate Or Repeal: This section is subject to the requirements of Utah Code § 10-1-403. If the tax rate is changed or the tax is repealed, then the appropriate notice shall be given as provided in Utah Code § 10-1-403.
6. Interlocal Agreement For Collection Of Tax: On or before the effective date hereof, the municipality shall enter into the uniform interlocal agreement with the commission as described in Utah Code § 10-1-405 for the collection, enforcement, and administration of this municipal telecommunications license tax.
7. Repeal Of Inconsistent Taxes And Fees: Any tax or fee previously enacted by this municipality under authority of Utah Code § 10-1-203 or Utah Code 11-26, local taxation of utilities limitation is hereby repealed. Nothing in this section shall be interpreted to repeal any municipal ordinance or fee which provides that the municipality may recover from a telecommunications provider the management costs of the municipality caused by the activities of the telecommunications provider in the rights of way of the municipality, if the fee is imposed in accordance with Utah Code § 72-7-102 and is not related to the municipality's loss of use of a highway as a result of the activities of the telecommunications provider in a right of way, or increased deterioration of a highway as a result of the activities of the telecommunications provider in a right of way nor does this section limit the municipality's right to charge fees or taxes on persons that are not subject to the municipal telecommunications license tax under this section and locate telecommunications facilities, as defined in Utah Code § 72-7-108, in this municipality.

CANVASSER OR SOLICITOR: Any individual, whether or not a resident of the city, traveling either by foot, motor vehicle or other type of conveyance from place to place, from house to house, or from street to street, taking or attempting to take orders for the sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale, or whether he is collecting advance payments on such sales; provided, that such definition shall include any person who, for himself, or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, , hotel or motel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery.

PEDDLER: Shall include any person, whether or not a resident of the city, traveling by foot, motor vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a motor vehicle, , or other vehicle or conveyance; and further provided, that one who solicits orders and as a separate transaction makes deliveries to purchasers as part of a scheme or design to evade the provisions of this chapter shall be deemed a peddler subject to the provisions of this chapter. TRANSIENT MERCHANT, ITINERANT MERCHANT OR ITINERANT VENDOR: Any person, firm or corporation, whether as owner, agent, cosignee or employee, whether or not a resident of the city, who engages in a temporary business of selling and delivering goods, wares and merchandise within the city, and who in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, public room in any hotel, motel, lodging house, apartment, shop or any street, alley, or other place within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or a public auction. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant, or auctioneer.

1. Transient Merchant, Itinerant Merchant Or Vendor: A transient merchant, itinerant merchant or itinerant vendor to engage in such business without first obtaining a license therefor in compliance with the provisions of this chapter.
   
2. Peddler: Any person to engage in the business of peddler without first obtaining a license therefor as provided in this chapter.
   
3. Solicitor Or Canvasser: Any solicitor or canvasser to engage in such business without first obtaining a license therefor in compliance with the provisions of this chapter.

Applicants for licenses under this chapter shall file a sworn application in writing signed by the applicant if an individual, by all partners if a partnership, and by the president if a corporation, or by an agent, including a state or regional agent, with the city recorder or designee. Licenses shall be issued for periods of up to six (6) months. The following information must be provided for the temporary business license application:

1. The name of the applicant and if the applicant is an employee or agent of a corporation, the name of the corporation.
2. The address of the applicant and if the applicant is an agent or employee of a corporation, the address of the corporation.
3. A brief description of the nature of the business and the goods to be sold and from whom or where the applicant obtains the goods to be sold.
4. If the applicant is employed by or an agent of another person, the name and permanent address of such other person.
5. The length of time for which the applicant desires to engage in business within the city.
6. The places within the city where the applicant proposes to carry on his or her business.
7. A list of the other municipalities in which the applicant has engaged in business within the six (6) month period preceding the date of the application.
8. A photograph of the applicant, taken within six (6) months immediately prior to the date of filing the application, which photograph shall be two inches by two inches (2" x 2"), showing the head and shoulders of the applicant in a clear and distinguishing manner.
9. A Criminal History Report furnished by the Utah State Department of Public Safety and a statement as to whether or not the applicant, or any of his employees have been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefore.
10. If the applicant desires to sell fresh vegetables, fruits, meats or other foodstuffs, a statement by a reputable physician of the state, dated not more than ten (10) days prior to submission of the application, certifying the applicant to be free of infectious, contagious, or communicable diseases.
11. If the applicant is employed by another person, firm or corporation documents showing that the person, firm or corporation for whom the applicant proposes to do business is authorized to do business within the state.

1. Review of Past Conduct: On receiving the application, the city recorder or designee shall review the application to determine whether the applicant has had a Nibley City business license revoked or denied due to the applicant’s violation of applicable city rules, regulations, and ordinances related to the license being sought, whether the applicant has been convicted of a felony or any crime that required proving a dishonest act, false statement, or theft of property, whether the applicant has outstanding debts owed to Nibley City, and whether the application conforms to the requirements of this Chapter.
2. Unsatisfactory Result Of Investigation: If, as a result of the investigation, the applicant has outstanding debts owed to Nibley City, has been convicted of a felony or crime that required proving a dishonest act, false statement, or theft, or has demonstrated a pattern of violating city rules, regulations, and ordinances related to the license being sought,the city recorder or designee shall notify the applicant, in writing, that their application has been denied, the basis for such denial, the applicant’s right to file a written appeal of the denial, and the deadline to file such appeal.
3. Satisfactory Result Of Investigation: If, as a result of such investigation, the applicant is found to not have been convicted of a felony or crime that required proving a dishonest act, false statement, or theft, does not have a pattern of violating applicable city rules, regulations, and ordinances related to the license being sought, does not have outstanding debts owed to Nibley City, and the application otherwise complies with the requirements of this Chapter, the city recorder or designee shall, upon payment of the prescribed license fee, issue a license. Such license shall contain the signature of the issuing officer and shall show the name, address and photograph of the licensee and the kind of goods or services to be sold, marketed, or offered pursuant to the application, together with an expiration date.

1. Established: The license fee shall be as established by resolution of the city council.
   
2. Interstate Commerce: None of the license fees provided for by this chapter shall be applied as to occasion an undue burden upon interstate commerce. In any case, where a license fee is believed by the licensee or applicant for license to place an undue burden upon interstate commerce, they may apply to the mayor for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair to interstate commerce. Such application may be made before, at or within six (6) months after payment of the prescribed license fee.

1. Issuance: The city recorder or designee shall issue to each licensee at the time of delivery of his license, a badge which shall contain the words "Licensed Solicitor", "Licensed Transient Merchant", or "Licensed Peddler", as the case may be, for which the application was made and the license issued, and the number of the license, in letters and figures easily discernible from a distance of five feet (5'). Such badge shall, during the time peddlers or solicitors are engaged in the business for which they are licensed, be worn constantly by them on the front of their outer garment in such a way as to be conspicuous.
2. Exhibit License: Any person licensed pursuant to this chapter shall exhibit such license at the request of any citizen of the city.
3. Produce License Upon Request: It shall be the duty of any law enforcement official to require any person seen soliciting, canvassing, or peddling, and who is not known by such officer to be duly licensed, to produce his or her license and to enforce the provisions of this chapter.
4. Expiration Of License: All licenses issued pursuant to this chapter shall expire on the date specified on the license.

Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at their last known address or at the address shown on their application. The hearing and notice shall in all other aspects substantially comply with NCC 1.08.030. 

1. Fraud, misrepresentation or a false statement contained in the application for the license.
   
2. Fraud, misrepresentation for false statement made while carrying on their business as solicitor, canvasser, peddler or itinerant merchant.
   
3. Any violation of this chapter.
   
4. Conviction of any crime or misdemeanor involving moral turpitude.
   
5. Conducting the business of a solicitor, canvasser, peddler or itinerant merchant in an unlawful manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

Any person aggrieved by the action of the city in the denial of a license issued pursuant to this chapter, may file an appeal. The process for filing an appeal is provided in NC 5.02.150. The fees to initiate this process are as listed on the current approved Consolidated Fee Schedule.

This chapter shall not be construed so as to waive the provisions and requirements of any other ordinance of the city and the requirements and fees required herein shall be in addition to any other requirements and fees of any other ordinance of the city.

The provisions of this chapter shall not apply to any individual who is, at the time they engaged in any activity which would otherwise require licensing by this chapter, engaged in an activity which is authorized by any church or charity which has a permanent structure located within the state, provided such church or charity has had such permanent structure for at least six (6) months prior to the date when the individual engaged in the activity would otherwise require licensing by this chapter.

1. Fee; Term Of License: The fee for the business license shall be as established by resolution of the city council. The license will be valid for thirty (30) days.
2. Requirements:
   1. Applicant Information: The city treasurer and/or city recorder will obtain the legitimate address of the home office of the business involved and telephone number.
   2. Confirmation Of Legitimate Business: The city treasurer and/or city recorder will call the better business bureau in the city of the home office and by them determine if the business is legitimate.
3. Issuance Of License: If such determination is made (refer to subsection B,2 of this section), the license may then be issued.
   

It shall be an infraction and an equivalent civil penalty, as set forth in NCC 1.08, for any person to transact, engage in or carry on any canvassing, soliciting, peddling, transient or itinerant merchant/vending activities without first receiving the class or type of license required by the city. Administrative citations shall follow the process set forth in NCC 1.28.

The purpose of this chapter is to establish a system of imposing license fees upon persons engaging in business within the limits of the city as contractors and to ensure that such persons are properly licensed under applicable state regulations and local business regulations. It is the opinion of the city council that this method of determining the amount of fee will result in fair taxation and will not discriminate against the contractor who performs only a few jobs within the city limits as distinguished from the contractor who performs many.

As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:

CONTRACTOR: Any person, firm, copartnership, corporation, association or other organization, or any combination thereof, who for a fixed sum, price, fee, percentage or other compensation other than wages paid pursuant to an employer-employee relationship, undertakes any building, highway, road, railroad, excavation or other structure, project, development, or improvement, other than movable property,, or any part thereof; provided, that the term "contractor", as used in this chapter, shall include anyone who builds more than one structure on their own property during any one year for the purpose of sale and shall include subcontractors, but shall not include anyone who merely furnishes materials or supplies without fabricating the same into, or consuming the same in the performance of the work of the "contractors", as herein defined, nor shall it include any person who engages in, manages, or contracts for work solely on the person’s private property for the purpose of constructing buildings, stuctures, and improvements for the person’s personal use and not for sale or resale

TYPES OF CONTRACTORS: As an illustrative list of contractors subject to the provisions of this chapter, but not in limitation thereof, the following occupations are subject to this chapter: general contractors, specialty contractors of all kinds, such as, but not limited to, those engaged in the business of installing, repairing or otherwise performing services in connection with: acoustical tile and roof decking; awnings, storm doors and windows; air conditioning, dry heating, sheet metal; boilers, steam fitting; carpentry; cement and concrete; ceramic tile; cabinet and millwork; composition floor, counter tops, tile; carpet; drywall; elevator installation; electrical; excavating and grading; fencing; floor coverings; fire prevention (structural); furnaces and burners; glazing; industrial piping; iron and bronze (ornamental); insulation; landscaping; lathing; lawn sprinklers; masonry; mosaic tile and terazzo; overhead doors; painting and paper hanging; pest control (structural); plastering; plumbing and wet heating; roofing and siding; swimming pool; signs, stone masonry; sewer installation; steel reinforcing and erection; tanks (structural); waterproofing; weatherstripping; welding; wrecking and demolition; wood floor laying and finishing.

Any person desiring to engage in business as a contractor within the corporate limits of the city must comply with the two (2) following requirements:

1. State license: Prior to engaging in any subject business activity during any calendar year, the contractor shall have obtained all licenses required by all applicable state agencies. The contractor shall maintain such license at all times they engage in business as a contractor within the city.
2. Business License: Prior to the performance of any services in connection with any specific contract or job, the person shall secure a business license to carry on a business as a contractor from Nibley City, unless such person has a current business license to carry on a business as a contractor from another municipality within Utah.

1. Form; Information Requested: Any person desiring to engage in business as a contractor, who is not otherwise exempt from licensure, shall complete and file in the office of the city recorder a registration form provided to him by the city which shall show:
   
   1. The name of the contractor.
   2. The address and telephone number of the contractor.
   3. The type of organization, e.g., corporation, partnership or sole proprietor.
   4. If a partnership or a corporation or other artificial person, the name, address and telephone number of the person responsible for the functions of the organization:
      1. Whether or not licensed under the contractor's license law of the state; if so, the license number of the contractor.
      2. Type of business in which registrant seeks to engage, e.g., general contractor or one of the specialty contractors.
      3. Such other information as the city council may by regulation require.
2. Annual Fee: Any person seeking to register for the privilege of doing business as a contractor within the limits of the city for any calendar year, or any part thereof, shall pay an annual registration fee in such amount as established by resolution of the city council.

All regulations and ordinances applicable to business licenses set forth in NCC 5.02 shall apply to contractor licenses, unless such regulations conflict with the regulations set forth in this chapter.

All persons registered pursuant to this chapter for the privilege of doing business as contractors, and all persons who engage in doing business as contractors, shall maintain records of all services performed by them as contractors within the corporate limits of the city. The records shall disclose the person for whom the services are performed and the contract price or charge made for the services and such other information as the city council may, by regulation, require. The persons shall maintain such records at their office or principal place of business and shall permit officials or agents of the city to inspect said records for the purpose of determining whether or not said persons have complied with the requirements of this chapter.

"Offensive businesses", within the meaning of this chapter, shall include, but not be limited to, packing houses, dairies, tanneries, canneries, junk or salvage yards, bone factories, slaughter houses, butcher shops, soap factories, foundries, breweries, distilleries, livery stables, blacksmith shops or any other enterprise or establishment which creates excessive odors, fumes, smoke, gases or noises.

No person shall commence or change the location of an offensive business or establishment in or within one mile of the limits of the city without first filing an application for a permit to do so with the city recorder. 

The application for a permit shall specify the location at which the business or establishment is to be operated and maintained or the new location to which it is to be moved. The application shall describe the type of activity which will be conducted and describe the manner in which the business or establishment shall eliminate, control or modify the emission by the business of the undesirable odors, fumes, noises and other noisome features and the manner in which it shall be screened from public view, if its appearance is offensive.

1. Report And Recommendation: The city recorder shall cause a study to be made of the proposed business or relocation of any offensive business or establishment by the board of health and by personnel engaged in the inspection of buildings and other facilities. A report and recommendation shall be made to the city council. The city council, after review, may grant to the applicant an opportunity to be heard and present additional facts. Thereafter the city council may:
   
   1. Deny the application.
   2. Recommend a modification thereof.
   3. Grant a limited permit to enter the business or make the change of location subject to the requirement that the business or facility conform to standards established by the city council with reference to controlling the offensive features of the business.
2. Revocation Of Permit: In the event a permit is granted, it shall be subject to revocation either upon failure of the operator or owner to conduct his business in the manner specified by the city council at the time of the granting of the permit, or because a change of circumstances makes the continued operation or maintenance of the business or facility a public nuisance.
3. Modification Of Permit: The city council shall have power to revoke or modify the permission to operate and maintain the business in such a manner as it deems necessary for the public good.

1. Location And Management: The city council shall have the power to prohibit or control the location and management of any offensive, unwholesome business or establishment in or within one mile of the city and may compel the owner of any pigsty, privy, barn, corral, fur-bearing animal farm, feed yard, poultry farm or other unwholesome or nauseous house or place to cleanse, abate or remove the same.
   
2. Examination Of Operation: The city council may, on its own initiative and shall, on complaint of a member of the public, examine the operation, control or location of any business or facility for the purpose of determining whether the operation of such business or facility should be improved so as to minimize the offensive and unwholesome characteristics or whether the business or activity should be moved or abated.
   
3. Notification Of Abatement: In the event that the city council decides that the business or facility should be abated, removed or controlled, it shall notify the owner or operator of the business or facility of such fact.
   
4. Hearing; Limited Permit: After a hearing, the city council may issue a limited permit wherein it may prescribe the specifications and standards which must be followed by the business or facility in order to be permitted to continue in operation.
   
5. Abatement Or Removal: Upon a determination by the city council that the business or facility is a nuisance, it shall have power to order the abatement or removal of the facility or establishment. If the owner fails to conform to such order, the city council shall have power to bring all necessary legal proceedings to force removal, abatement or adherence to standards.

1. Investigation By City Council: The city council may require an investigation of any existing offensive business or facility to determine whether it should be permitted to remain in existence in or within one mile of the city limits. If the city council determines that the continuation of the business or facility has become a nuisance to persons situated within the city limits or that ample control is not being exercised to minimize the creation of excessive odors, fumes, smoke, gases, and noise, it shall notify the owner or operator thereof that the city council is considering revoking or modifying the operator's permit.
2. Conform To Standards And Specifications: If the city council decides to require a modification of the manner in which the business or facility is to be maintained, it shall specify the standards or specifications to which the enterprise must conform or otherwise lose its permit to engage thereafter in the business or activity.

The provisions codified in this chapter shall be known and may be referred to as the SEXUALLY ORIENTED BUSINESS AND EMPLOYEE LICENSING ORDINANCE.

It is the purpose and object of this chapter that the city establishes reasonable and uniform regulations governing the time, place and manner of operation of sexually oriented businesses and their employees in the city. This chapter shall be construed to protect the governmental interests recognized by this chapter in a manner consistent with constitutional protections provided by the United States and Utah constitutions.

This chapter imposes regulatory standards and license requirements on certain business activities which are characterized as sexually oriented businesses, and certain employees of those businesses characterized as sexually oriented business employees. Except where the context or specific provisions require, this chapter does not supersede or nullify any other related ordinances, including, but not limited to, those codified in NCC 19.38.

For purposes of this chapter, the following words and phrases shall have the meanings set forth below unless a different meaning is clearly indicated by the context:

ADULT BOOKSTORE OR ADULT VIDEO STORE: A commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes, compact discs, digital video discs, slides or simulated display, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas. For the purpose of this definition, "principal purpose" means the commercial establishment:

1. Has a substantial portion of its displayed merchandise which consists of said items, or
2. Has a substantial portion of the wholesale value of its displayed merchandise which consists of said items, or
3. Has a substantial portion of the retail value of its displayed merchandise which consists of said items, or
4. Derives a substantial portion of its revenues from the sale or rental, for any form of consideration, of said items, or
5. Maintains a substantial section of its interior business space for the sale or rental of said items, or
6. Regularly features said items, and prohibits access by minors, because of age, to the premises, and advertises itself as offering "adult" or "XXX" or "X-rated" or "erotic" or "sexual" or "sensual" or "pornographic" material on signage visible from a public right of way, or
7. Maintains an "adult arcade", which means any place to which the public is permitted or invited wherein coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas.

ADULT CABARET: A nightclub, bar, juice bar, restaurant, bottle club, or other commercial establishment, whether or not alcoholic beverages are served, which regularly features persons who appear nude and/or seminude.

ADULT MOTEL: A motel, hotel, or similar commercial establishment which:

1. Offers accommodations to the public for any form of consideration; provides customers with closed circuit television transmissions, films, motion pictures, videocassettes, other photographic reproductions, or live performances which are characterized by the display or simulated display of specified sexual activities or specified anatomical areas and which advertises the availability of such material by means of a sign visible from a public right of way, or by means of any on or off premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or
2. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
3. Allows a tenant or occupant of a sleeping room to sub rent the room for a period of time that is less than ten (10) hours.

ADULT MOTION PICTURE THEATER: A commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions which are characterized by their emphasis upon the display or simulated display of specified sexual activities or specified anatomical areas are regularly shown to more than five (5) persons for any form of consideration.

CHARACTERIZED BY: Describing the essential character or quality of an item. As applied in this chapter, no business shall be classified as a sexually oriented business solely by virtue of showing, selling, or renting materials rated "NC-17" or "R" by the Motion Picture Association of America.

CITY: The city of Nibley, Utah.

CITY MANAGER: The Nibley City manager, or the manager's designee.

CUSTOMER: A patron of a business as defined in this chapter.

EMPLOY, EMPLOYEE, AND EMPLOYMENT: Describe and pertain to any person who performs any service on the premises of a business, on a full time, part time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.

ESTABLISH AND ESTABLISHMENT: Any of the following:

1. The opening or commencement of any sexually oriented business as a new business;
2. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or
3. The addition of any sexually oriented business to any other existing sexually oriented business.

HEARING OFFICER: An attorney with an independent practice and not a full time employee of Nibley City, licensed to practice law in the state of Utah.

INFLUENTIAL INTEREST: Any of the following:

1. The actual power to operate a sexually oriented business or control the operation, management or policies of a sexually oriented business or legal entity which operates a sexually oriented business,
2. Ownership of a financial interest of twenty percent (20%) or more of a business or of any class of voting securities of a business, or
3. Holding an office (e.g., president, vice president, secretary, treasurer, managing member, managing director, etc.) in a legal entity which operates a sexually oriented business.

LICENSEE: A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business license. In the case of an employee, "licensee" means the person in whose name a sexually oriented business employee license has been issued.

MUNICIPAL COUNCIL: The municipal council of the city of Nibley, Utah.

NUDITY OR A STATE OF NUDITY: The showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft or cleavage with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola.

OPERATE OR CAUSE TO OPERATE: To cause to function or to put or keep in a state of doing business.

OPERATOR: Any person on the premises of a sexually oriented business who causes the business to function or who puts or keeps in operation the business or who is authorized to manage the business or exercise overall operational control of the business premises. A person may operate or cause to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.

PERSON: An individual, proprietorship, partnership, corporation, association, or other legal entity.

PREMISES: The real property upon which a sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in an application for a business license pursuant to NCC 5.14.060.

REGULARLY: The consistent and repeated doing of the act so described.

SEMINUDE MODEL STUDIO: A place where persons regularly appear in a state of semi nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This definition does not apply to any place where persons appearing in a state of semi nudity do so in a modeling class operated:

1. By a college, junior college, or university supported entirely or partly by taxation;
2. By a private college or university which maintains and operates educational programs in which credits are transferable to college, junior college, or university supported entirely or partly by taxation; or
3. In a structure:
   1. Which has no sign visible from the exterior of the structure and no other advertising that indicates a seminude person is available for viewing; and
   2. Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class.

SEMINUDE OR STATE OF SEMINUDITY: The showing or the simulated showing of a female breast with less than a fully opaque covering below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks. This definition includes the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a dress, blouse, shirt, leotard, or similar wearing apparel, provided the areola is not exposed in whole or in part.

SEXUAL DEVICE: Any three-dimensional object designed or marketed for stimulation of the male or female human genital organ or anus or for sadomasochistic use or abuse of oneself or others and shall include devices such as dildos, vibrators, penis pumps, instruments that enhance sexual activity, and physical representations of the human genital organs. Nothing in this definition shall be construed to include any device primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.

SEXUAL DEVICE SHOP: A commercial establishment that regularly features sexual devices. Nothing in this definition shall be construed to include any pharmacy, drugstore, medical clinic, or any establishment primarily dedicated to providing medical or healthcare products or services, nor shall this definition be construed to include commercial establishments which do not restrict access to any portion of their premises by reason of age.

SEXUAL ENCOUNTER CENTER: A business or commercial enterprise that, as one of its principal business purposes, purports to offer, for any form of consideration, physical contact in the form of wrestling or tumbling when one or more of the persons is seminude.

SEXUALLY ORIENTED BUSINESS: An adult bookstore or adult video store, an adult cabaret, an adult motel, an adult motion picture theater, a seminude model studio, sexual device shop, or a sexual encounter center.

SIMULATED SHOWING OR SIMULATED DISPLAY: The utilization of a device or covering, exposed to view, that realistically appears to be any part of a specified anatomical area.

SPECIFIED ANATOMICAL AREA: Means and includes:

1. Less than completely and opaquely covered human genitals, pubic region, anus, anal cleft, buttock and female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED CRIMINAL ACTIVITY:

1. Any of the following specified crimes for which less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date:
   1. Dissemination or distribution of obscenity or pornographic material;
   2. Distribution of a controlled substance;
   3. Engaging in organized criminal activity relating to a sexually oriented business;
   4. Indecency with a child, including:
      1. Unlawful sexual activity with a minor,
      2. Sexual abuse of a minor, and
      3. Lewdness involving a child;
   5. Indecent exposure or lewdness;
   6. Molestation of a child, including:
      1. Rape of a child,
      2. Object rape of a child,
      3. Sodomy on a child,
      4. Sexual abuse of a child, and
      5. Aggravated sexual abuse of a child;
   7. Sexual exploitation of a minor;
   8. Prostitution or promotion of prostitution, including:
      1. Patronizing a prostitute,
      2. Aiding prostitution,
      3. Exploiting prostitution, and
      4. Aggravated exploitation of prostitution;
   9. Rape, including:
      1. Object rape,
      2. Forcible sodomy, and
      3. Forcible sexual abuse;
   10. Sale, distribution or display of harmful material to a minor, including:
       1. Indecent public displays, and
       2. Dealing in harmful material to a minor;
   11. Sexual assault or aggravated sexual assault;
   12. Sexual performance by a child;
   13. Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses, or
   14. Any offense in another jurisdiction that, had the predicate act(s) been committed in Utah, would constitute any of the foregoing offenses; or
   15. Incest.
2. Any attempt, solicitation, or conspiracy to commit one of the foregoing offenses.

SPECIFIED SEXUAL ACTIVITY: Any of the following:

1. Actual or simulated intercourse, oral copulation, masturbation or sodomy; or
2. Actual or simulated excretory functions as a part of or in connection with any of the activities described in subsection A of this definition.

SUBSTANTIAL: At least thirty five percent (35%) of the item(s) or word(s) so modified.

TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS: Any of the following:

1. The sale, lease, or sublease of the business;
2. The transfer of securities which constitute an influential interest in the business, whether by sale, exchange, or similar means; or
3. The establishment of a trust, gift, or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

VIEWING ROOM: The room, booth, or area where a customer of a sexually oriented business would ordinarily be positioned while watching a film, videocassette, or other video reproduction.

1. Adult bookstore or adult video store;
   
2. Adult cabaret;
   
3. Adult motel;
   
4. Adult motion picture theater;
   
5. Seminude model studio;
   
6. Sexual device shop; or
   
7. Sexual encounter center.

1. It shall be unlawful for any person to operate a sexually oriented business in Nibley City without a valid sexually oriented business license.
2. It shall be unlawful for any person to be an employee, as defined in this chapter, of a sexually oriented business in Nibley City without a valid sexually oriented business employee license.
3. An applicant for a sexually oriented business license or a sexually oriented business employee license shall file in person at the Nibley City business license office a complete application made on a form provided by the city manager. The application shall be signed as required by subsection E of this section and shall be notarized. An application shall be considered complete when it contains, for each person required to sign the application, the information and/or items required in subsections C,1 through C,7 of this section, accompanied by the appropriate fee identified in NCC 5.14.080:
   1. The applicant's full true name and any other names used by the applicant in the preceding five (5) years;
   2. Current business address or another mailing address of the applicant;
   3. Written proof of age, in the form of a driver's license or a copy of a birth certificate accompanied by a picture identification document issued by a government agency;
   4. If the application is for a sexually oriented business license, the business name, location, legal description, mailing address and phone number of the sexually oriented business;
   5. If the application is for a sexually oriented business license, the name and business address of the statutory agent or other agent authorized to receive service of process;
   6. A background check conducted by a qualified law enforcement agency stating whether an applicant has been convicted of or has pled guilty or nolo contendere to a "specified criminal activity" as defined in NCC 5.14.040, and if so, each specified criminal activity involved, including the date, place, and jurisdiction of each as well as the dates of conviction and release from confinement, where applicable; and
   7. A statement of whether any sexually oriented business in which an applicant has had an influential interest, has, in the previous five (5) years (and at a time during which the applicant had the influential interest):
      
      a. Been declared by a court of law to be a nuisance; or
      b. Been subject to a court order of closure or padlocking.
      
      
   8. The information provided pursuant to subsections C,1 through C,7 of this section shall be supplemented in writing by certified mail, return receipt requested, to the city manager within ten (10) working days of a change of circumstances which renders the information originally submitted false or incomplete.
4. An application for a sexually oriented business license shall be accompanied by a legal description of the property where the business is located and a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (.6"). Applicants who are required to comply with NCC 5.14.160 shall submit a diagram indicating that the interior configuration meets the requirements of said section.
5. If a person who wishes to operate a sexually oriented business is an individual, the person shall sign the application for a license as the applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each person with an influential interest in the business shall sign the application for a license as the applicant. Each applicant shall be qualified under NCC 5.14.070 and each applicant shall be considered a licensee if a license is granted.
6. The information provided by an applicant in connection with an application for a license under this chapter shall be maintained by the office of the city manager on a confidential basis, and such information may be disclosed only as may be required by law or court order, and only to the extent required by law or court order.

1. Upon the filing of a complete application under NCC 5.14.060 for a sexually oriented business license, the city manager shall immediately issue a temporary license to the applicant, which temporary license shall expire upon a final decision of the city to deny or grant a business license. Within twenty (20) days of the filing date of a complete sexually oriented business license application, the city manager shall issue a business license to the applicant or issue to the applicant a letter of intent to deny the application. The city manager shall issue a license unless:
   
   1. An applicant is less than eighteen (18) years of age;
   2. An applicant has failed to provide information required by NCC 5.14.060 for issuance of a license or has falsely answered a question or request for information on the application form;
   3. The license application fee required by NCC 5.14.080 has not been paid;
   4. The sexually oriented business does not comply with the interior configuration requirements of this chapter or does not comply with locational requirements set forth in NCC 19.38;
   5. Any sexually oriented business in which the applicant has had an influential interest has in the previous five (5) years (and at a time during which the applicant had the influential interest):
      
      a. Been declared by a court of law to be a nuisance; or
      b. Been subject to an order of closure or padlocking; or
      
      
   6. An applicant has been convicted of or pled guilty or nolo contendere to a "specified criminal activity" as defined in this chapter.
2. Upon the filing of a complete application under NCC 5.14.060 for a sexually oriented business employee license, the city manager shall immediately issue a temporary license to the applicant, which temporary license shall expire upon the final decision of the city to deny or grant a business license. Within twenty (20) days of the filing date of a complete sexually oriented business employee license application, the city manager shall either issue a business license or issue a written notice of intent to deny a license to the applicant. The city manager shall approve the issuance of a license unless:
   1. The applicant is less than eighteen (18) years of age;
   2. The applicant has failed to provide information as required by NCC 5.14.060 for issuance of a license or has falsely answered a question or request for information on the application form;
   3. The license application fee required by NCC 5.14.080 has not been paid;
   4. Any sexually oriented business in which the applicant has had an influential interest has in the previous five (5) years (and at a time during which the applicant had the influential interest):
      
      a. Been declared by a court of law to be a nuisance; or
      b. Been subject to an order of closure or padlocking; or
      
      
   5. The applicant has been convicted of or pled guilty or nolo contendere to a "specified criminal activity" as defined in this chapter.
3. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to the licensee(s), the expiration date, and, if the license is for a sexually oriented business, the address of the sexually oriented business. The sexually oriented business license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be read at any time. A sexually oriented business employee shall have possession of the employee's license on his or her person or keep the license on the premises where the licensee is then working or performing.

The initial license and annual renewal fees for sexually oriented business licenses and sexually oriented business employee licenses shall be as shown on the consolidated fee schedule adopted by the municipal council.

1. A sexually oriented business and any sexually oriented business employee shall permit the city manager and the manager's agents to inspect, from time to time on an occasional basis, the portions of the sexually oriented business premises where customers are permitted, for the purpose of ensuring compliance with applicable requirements of this chapter, during those times when the sexually oriented business is occupied by customers or is open to the public. This section shall be narrowly construed by the city to authorize reasonable inspections of the licensed premises pursuant to this chapter, but not to authorize a harassing or excessive pattern of inspections.
   
2. The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.

1. Except for a temporary license or as otherwise provided in this section, the term of a license shall be as provided in this code, unless suspended or revoked.
   
2. A license may be renewed only by submitting an application as provided in NCC 5.14.060 and paying the fee required by NCC 5.14.080.
   
3. Application for renewal of a license shall be made at least ninety (90) days before the expiration date pursuant to the procedures set forth in NCC 5.14.070. When made less than ninety (90) days before the expiration date, the expiration of the license shall not be affected.

1. If a sexually oriented business licensee knowingly violates or knowingly allows an employee to violate the provisions of this chapter, the city manager shall issue a letter to the licensee indicating the city's intent to suspend the licensee's sexually oriented business license for a period of up to thirty (30) days.
   
2. If an employee knowingly violates the provisions of this chapter, the city manager shall issue a letter to the employee indicating the city's intent to suspend the employee's sexually oriented business employee license for a period of up to thirty (30) days.

1. The city manager shall issue a letter of intent to revoke a sexually oriented business license or a sexually oriented business employee license, as applicable, if the licensee knowingly violates a provision of this chapter or has knowingly allowed an employee to violate a provision of this chapter and the licensee's license has been suspended within the previous twelve (12) month period.
   
2. The city manager shall issue a letter of intent to revoke a sexually oriented business license or a sexually oriented business employee license, as applicable, if:
   1. The licensee has knowingly given false information in the application for the sexually oriented business license;
   2. The licensee has knowingly or recklessly engaged in or allowed possession, use, or sale of controlled substances or alcoholic beverages on the premises;
   3. The licensee has knowingly or recklessly engaged in or allowed prostitution on the premises; or
   4. The licensee has knowingly or recklessly engaged in or allowed any specified sexual activity to occur in or on the licensed premises.
3. The fact that any relevant conviction is being appealed shall have no effect on the revocation of a license, provided that, if any conviction which serves as a basis of a license revocation is overturned or reversed on appeal, such conviction shall be treated as null and of no effect for revocation purposes.
   
4. When, after the notice and hearing procedure described in NCC 5.14.130, a license is revoked, such revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license or sexually oriented business employee license for one year from the date revocation becomes effective.

1. When the city manager issues a written notice of intent to deny, suspend, or revoke a license, the city manager shall immediately send such notice, which shall include the specific grounds under this chapter for such action, to the applicant or licensee (respondent) by personal delivery or certified mail. The notice shall be directed to the most current business address or other mailing address on file with the Nibley City business license office for the respondent. The notice shall specify a date, not less than ten (10) days nor more than twenty (20) days after the date the notice is issued, on which a hearing officer shall conduct a hearing on the city manager's intent to deny, suspend, or revoke the license.
   1. At the hearing, the respondent shall have the opportunity to present all of respondent's arguments and to be represented by counsel, present evidence and witnesses on the respondent's behalf, and cross examine any of the city manager's witnesses. The city manager shall also be represented by counsel, and shall bear the burden of proving the grounds for denying, suspending, or revoking the license. The hearing shall take no longer than two (2) consecutive days, unless extended at the request of the respondent to meet the requirements of due process and proper administration of justice. The hearing officer shall issue a written decision, including specific reasons for the decision pursuant to this chapter, to the respondent within five (5) days after concluding the hearing.
   2. If a decision is to deny, suspend, or revoke a license, the decision shall not become effective until the thirty (30) days after the decision is rendered. The decision shall include a statement advising the respondent of the right to appeal such decision to a court of competent jurisdiction.
      1. If the hearing officer's decision finds that no grounds exist for denial, suspension, or revocation of the license, the hearing officer shall, contemporaneously with the issuance of the decision, order the city manager to immediately withdraw the intent to deny, suspend, or revoke the license and to notify the respondent in writing by certified mail of such action.
      2. If the respondent is not yet licensed, the city manager shall contemporaneously therewith issue the license to the applicant.
2. If any court action challenging the city manager's or hearing officer's decision is initiated, the city attorney shall prepare and transmit to the court a transcript of the hearing within ten (10) days after receiving written notice of the filing of the court action. The city shall consent to expedited briefing and/or disposition of the action, shall comply with any expedited schedule set by the court, and shall facilitate prompt judicial review of the proceedings.
   
3. The following shall apply to any sexually oriented business that is in operation as of the effective date of this chapter:
   1. Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the city's enforcement of the denial, suspension, or revocation, the city shall immediately issue the respondent a provisional license.
   2. The provisional license shall allow the respondent to continue operation of the sexually oriented business or to continue employment as a sexually oriented business employee and shall expire upon the court's entry of judgment on the respondent's appeal or other action to restrain or otherwise enjoin the city's enforcement.

A licensee shall not transfer the licensee's sexually oriented business license to another person, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated on the license.

No sexually oriented business shall be or remain open for business between twelve o'clock (12:00) midnight and six o'clock (6:00) A.M. on any day.

1. A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than three hundred fifty (350) square feet of floor space, a film, videocassette, or other video reproduction characterized by an emphasis on the display of specified sexual activities or specified anatomical areas shall comply with the following requirements:
   1. Each application for a sexually oriented business license shall contain a diagram of the premises showing the location of each restroom, operator station, viewing room, overhead lighting fixture, video camera and monitor installed for monitoring purposes and shall designate those portions of the premises where customers will not be permitted.
      1. Restrooms shall not contain video reproduction equipment.
      2. The diagram shall also designate the place where the license will be conspicuously posted, if granted.
      3. A professionally prepared diagram in the nature of an architectural drawing shall not be required; however, the top of each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches (6"). The city manager may waive the foregoing diagram for renewal applications if the applicant presents a previously submitted diagram and certifies that the configuration of the premises has not been altered since it was prepared.
   2. It shall be the duty of the operator, and of any employee present on the premises, to ensure no customer is permitted access to any area of the premises which has been designated as an area in which customers will not be permitted in the application filed pursuant to subsection A,1 of this section.
   3. The interior premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place where customers are permitted access at an illumination of not less than five (5) foot-candles as measured at the floor level. The operator and any employee present on the premises shall have the duty to ensure the illumination described above is maintained at all times when the premises are occupied by customers or open for business.
   4. The operator and any employee present on the premises shall have the duty to ensure no sexual activity occurs in or on the licensed premises.
   5. The operator shall have the duty to post conspicuous signs in well lighted entry areas of the business stating all of the following:
      1. Occupancy of viewing rooms is limited to one person;
      2. Sexual activity on the premises is prohibited;
      3. Making of openings between viewing rooms is prohibited;
      4. Violators will be required to leave the premises; and
      5. Violations of subsections A,5,a, A,5,b and A,5,c of this section are unlawful.
   6. The operator shall have the duty to enforce the regulations set forth in subsections A,5,a through A,5,d of this section.
   7. The interior of the premises shall be configured to provide an unobstructed view from an operator's station of every area of the premises, including the interior of each viewing room, but excluding restrooms, to which any customer is permitted access for any purpose.
      1. An operator's station shall not exceed thirty two (32) square feet of floor area.
      2. If the premises has two (2) or more operator's stations designated, then the interior of the premises shall be configured to provide an unobstructed view of each area of the premises to which any customer is permitted access for any purpose from at least one of the operator stations. The view required in this subsection shall be by direct line of sight from an operator's station.
      3. The operator shall have the duty to ensure at least one employee is on duty and situated in each operator's station at all times when a customer is on the premises, and
      4. The operator and any employees present on the premises shall have the duty to ensure the view area specified in this subsection remains unobstructed by any door, curtain, wall, merchandise, display rack or other material or enclosure at all times when a customer is present on the premises.
2. It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.

1. The operator of a sexually oriented business shall have the duty to:
   
   1. Post conspicuous signs stating that no loitering is permitted on the premises;
   2. Designate one or more employees to monitor the activities of persons on the premises by visually inspecting the premises at least once every ninety (90) minutes or inspecting the premises by use of video cameras and monitors; and
   3. Provide lighting of the exterior portion of the premises to provide for visual inspection or video monitoring to prohibit loitering. If used, video cameras and monitors shall operate continuously whenever the premises are open for business. Such monitors shall be installed within an operator's station.
2. It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.
   
3. No sexually oriented business licensee or other person shall erect a fence, wall, or other barrier which prevents any portion of a parking lot for employees or customers of the business from being visible from a public right of way.

1. A person who knowingly violates, disobeys, omits, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall be guilty of a class B misdemeanor. Each day a violation is committed, or permitted to continue, shall constitute a separate offense and shall be fined as such.
   
2. The city attorney is hereby authorized to institute civil proceedings necessary for the enforcement of this chapter to prosecute, restrain, or correct violations hereof. Such proceedings, including injunction, shall be brought in the name of the city.
   
3. Nothing in this section and no action taken hereunder shall:
   1. Prohibit a criminal or administrative proceeding as may be authorized by other provisions of this chapter, this code, or other law, or
   2. Exempt any person violating this chapter, this code, or other law from a penalty which may be incurred.

Any existing sexually oriented business and sexually oriented business employee are hereby granted a de facto temporary license to continue operation or employment for a period of ninety (90) days following the effective date of this chapter. By the end of said ninety (90) days each sexually oriented business and sexually oriented business employee shall conform to and abide by the requirements of this chapter.

1. It is unlawful for a sexually oriented business to knowingly violate the following regulations or to knowingly allow an employee or any other person to violate the following regulations:
   
   1. It shall be a violation of this chapter for a customer, employee, or any other person to knowingly or intentionally, in a sexually oriented business, appear in a state of nudity, regardless of whether such public nudity is expressive in nature.
   2. It shall be a violation of this chapter for a person to knowingly or intentionally, in a sexually oriented business, appear in a seminude condition unless the person is an employee who, while seminude, remains at least six feet (6') from any customer and on a stage at least eighteen inches (18") from the floor in a room of at least one thousand (1,000) square feet.
   3. It shall be a violation of this chapter for any employee who regularly appears seminude in a sexually oriented business to knowingly or intentionally touch a customer or the clothing of a customer on the premises of a sexually oriented business.
   4. It shall be a violation of this chapter for any person to sell, use, or consume alcoholic beverages on the premises of a sexually oriented business.
2. A sign, in a form prescribed by the city manager, summarizing the provisions of subsections A1, A2, A3, and A4 of this section shall be posted near the entrance of a sexually oriented business in a location where it is clearly visible to customers upon entry.

This chapter does not impose strict liability. Unless a culpable mental state is otherwise specified herein, a showing of a knowing or reckless mental state is necessary to establish a violation of a provision of this chapter. Notwithstanding anything to the contrary, for the purposes of this chapter, an act by an employee that constitutes grounds for suspension or revocation of that employee's license shall be imputed to the sexually oriented business licensee for purposes of finding a violation of this chapter, or for purposes of license denial, suspension, or revocation, only if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises, knowingly or recklessly allowed such act to occur on the premises. It shall be a defense to liability that the person to whom liability is imputed was powerless to prevent the act.

In the event a city official is required to act or do a thing pursuant to this chapter within a prescribed time, and fails to act or do such thing within the time prescribed, said failure shall not prevent the exercise of constitutional rights of an applicant or licensee. If the act required of the city official under this chapter and not completed in the time prescribed includes approval of condition(s) necessary for approval by the city of an applicant's or licensee's application for a sexually oriented business license or a sexually oriented business employee's license (including a renewal), the license shall be deemed granted and the business or employee shall be allowed to commence operations or employment the day after the deadline for the city's action has passed.