North Logan City Zoning Code

1. Business. All activities engaged in within this municipality carried on for the purpose of gain or economic profit. The acts of employees rendering service to employers shall not be included in the term “business” unless otherwise specifically provided. Businesses can normally be described by reference to the Standard Industrial Class (SIC) code, or the North American Industry Classification System (NAICS).
2. Place of business. The place of operation of a person or persons engaging in business. Each separate place of business is defined as each separate establishment or place of operation, whether or not operating under the same name, within the municipality, including a home or other place of lodging, if the same is held out by advertisements, listings or otherwise as the establishment.
3. Disproportionate Business License Fee. Fee for the recovery of all or a portion of the disproportionate regulatory costs commercial businesses in North Logan place upon city resources.
   
4. Employee
   1. The operator, owner or manager of a place of business and any persons employed by such person in the operation of said place of business in any capacity and also any salesman, agent or independent contractor engaged in the operation of the place of business in any capacity.
   2. For the purposes of a home-based business, employees are defined as the residents in the home that are engaged in the operations of the home-based business and any employees that are not residents of the home but who work at the home on either a regular or occasional, or full-time or part-time basis. An employee’s work location is defined as the place where they perform the majority of their duties for the home-based business for which they are employed.
5. 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.
6. Home-based business. Any business conducted by the resident(s) and any employees of the business when the place of business is a residential property.
7. Master Fee Schedule. The compilation of City fees as set by City Council ordinance or resolution.
   
8. Residential Business. A business operated on either a for-gain/profit basis or a not-for-profit basis in which the business activity includes providing a residence for persons living in the facility either on a permanent/long term or temporary/short term basis. Residential businesses, like other businesses, can normally be described by reference to the Standard Industrial Class (SIC) code, or the North American Industry Classification System (NAICS). Neither a Residential Facility for the Elderly nor a Residential Facility for Persons with a Disability are considered a residential business for the purpose of this chapter and do not require licensing as a business by the city. All other Group Dwellings as defined in NLC Code 12C-114 are considered residential businesses and must be licensed as such.
9. Solicitor, canvasser, peddler, or itinerant merchant. A person who goes from place to place carrying and displaying for sale goods or merchandise which he carries; or who sells and delivers to consumers the identical or similar goods which he carried with him; a person who establishes himself in business and a locality for a short period of time or season or who occupies a place or site for the exhibition and sale of his goods or produce; or who goes from place to place or person to person seeking orders or subscriptions or distributing literature or materials for the purpose of advertising.
10. Wholesaler. A person doing a regularly organized wholesale or jobbing business and selling to retail merchants, jobbers, dealers or other wholesalers, for the purpose of resale.
11. 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.

1. It shall be a Class "B" Misdemeanor for any person to transact, engage in or carry on any business, trade, profession, calling, or to operate a vending, pinball, or coin operated machine without first receiving the class or type of license required by the municipality.
2. It shall be a Class "B" Misdemeanor for any person to make a false statement or provide false information in any license application for the purpose of inducing the issuance of a business license. The making of any false statement or providing false information in any business license application shall constitute prima facia cause for the immediate revocation of the license. Any violation of this Chapter shall be deemed a Class "B" Misdemeanor for each day of the offense.

All business licenses shall be renewed each year.

1. Business license fees for new businesses shall be due and payable upon making application to the license department. The application shall not be processed until the fee is paid.
2. Annual business license fees for renewal businesses shall be due and payable each year on or before the last day of the month in which the license was originally issued.
3. All other business license fees for businesses shall be due and payable within 30 day of assessment.

1. If any license fee is not paid by the due date, the license expires and is deemed no longer valid and a late fee in an amount established by resolution shall be added to the original amount thereof.
2. License will not be renewed or reinstated until such time as the business has paid all license fees that are past due and any license fees that should have been paid had the business maintained the license for all periods of time it operated without a license.
3. Any license fee due and unpaid under this chapter and all penalties thereon shall constitute a debt to North Logan City, and shall be collected in the same manner as any other debt in like amount, which remedy shall be in addition to all other existing remedies.
4. Any violation of any provision or restriction of this title shall be a class B misdemeanor, unless a separate penalty is specifically delineated.
5. Each day of noncompliance shall constitute a separate violation.
6. Penalty fees may be appealed to the license official in writing who may, for good cause shown, refund all or part of the applicable penalty fee that has been paid. The decision of the license official may be appealed to the governing body as set forth in Title 8 Section 115 of this title. The governing body may, upon good cause shown, order that all or part of the applicable penalty fee be refunded.

1. All applications for license shall include:
   1. The name of the person desiring a license.
   2. The kind of license desired, stating the business, calling, trade or profession to be performed, practiced or carried on.
   3. The class of license desired, if such licenses are divided into classes.
   4. The place where such business, calling, trade or profession is to be carried on, giving the street number if the business calling, trade or profession is to be carried on in any building or enclosure having such number.
   5. The period of time for which such license is desired to be issued.
2. 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.
3. License fees shall be submitted in full with any application for any initial business license and with each application submitted by a solicitor, canvasser, peddler, or itinerant merchant.
4. The city may require positive identification of any applicant including fingerprints or otherwise as determined by the city in its discretion. The city may require an appropriate and reasonable bond of any license applicant at its discretion.

1. Every certificate of license issued under this title shall be posted by the licensee in a conspicuous place upon the wall of the building, room or office of the place of business so that the same may be easily seen. When such certificate of license has expired, it shall be removed by the licensee from such place in which it has been posted, and no certificate of license which is not in force and effect shall be permitted to remain posted upon the wall or any part of any room within the place of business. If the licensee's business is such that a license cannot be displayed due to the transient or mobile nature of the business, then the licensee shall carry the license on his person ready to be shown on request by an authorized officer during all such time or times while the licensee is engaged in or pursuing the business for which a license is granted.
2. In the event the license is for a coin-operated machine or device, the certificate shall be attached or displayed in the immediate vicinity of the machine for which it has been issued.

1. Any license issued pursuant to the provisions of this code or of any ordinance of this municipality may be revoked and any application denied by the governing body 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 municipality.
   2. Unlawful activities conducted or permitted on the premises where the business is conducted.
2. Prior to the revocation of a license, or denial of an application to renew business license, the licensee or applicant shall be given a notice which shall state in substance that the governing body intends to revoke the business license or deny the application to renew, together with the reason or reasons therefore, at a regular or special meeting of the governing body (which shall be at least ten 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. The preceding subsection shall not apply to applications for businesses which have not previously been licensed by the municipality, and such applicants need only be informed that their application has been denied.
4. If an applicant makes any false statement or provides any false information in his application which induces the city to issue a business license, the making of such false statement or provision of such false information shall constitute grounds for the immediate revocation of the business license without notice or hearing; provided, however, that notice of the revocation and the reason therefore shall be delivered to the licensee without undue delay and in a reasonable manner and the licensee may request a hearing before the City Council which will be held within a reasonable time not to exceed ten days from the date of request, for reinstatement before the City Council.

1. No license shall be required nor shall any license fee be imposed for operation of any business in this municipality when such business is not maintaining a place of business within this municipality but who has paid a like or similar license tax or fee to some other taxing unit within the State of Utah and which taxing unit exempts from its license tax or fee, by ordinance, reciprocal agreement or by its practice, businesses domiciled in this municipality and doing business in such taxing unit. The license assessor and collector may, with approval of the governing body, enter into reciprocal agreements with the proper officials of other taxing units, as may be deemed equitable and proper in effecting the reciprocal recognition of licenses provided for in this paragraph.
2. No license shall be required for operation of any vehicle or equipment in this municipality when:
   1. Such person's business is at the time of such delivery licensed by the Utah municipality or county in which such place of business is situated, and,
   2. The authority licensing such business grants to licensees of this municipality 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 this municipality for compliance with health, or sanitary standards prescribed by this municipality, and,
   4. The truck or other conveyance by which such delivery is made prominently displays at all times a license plate or symbol issued by the said licensing authority to evidence such business license. Such plate or symbol shall identify the licensing authority by which it is issued, shall indicate that it evidences a license issued thereby, and shall specify the year or term for which it is effective.
3. The recorder/clerk shall at the request of any person certify a copy of this section to any municipality or county of the State of Utah to which a copy has not previously been certified.
4. Businesses exempted from licensing under this section shall not be exempt from compliance with other city regulations applicable to businesses including but not limited to sign regulations, other zoning regulations and home-based business operation regulations.

1. No license fee shall be imposed under Chapters 8-200 or 8-300 on any person engaged in business for solely religious, charitable, eleemosynary or other types of strictly non-profit purpose which is tax exempt in such activities under the laws of the United States and the State of Utah, 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 of Utah.
2. Businesses exempted from licensing under paragraph A above shall not be exempt from compliance with other city regulations including but not limited to sign regulations, zoning regulations and home based business regulations.

1. None of the license taxes provided for by Chapters 8-200 and 8-300 shall be applied as to occasion an undue burden on interstate commerce.
2. In any case, where a license tax 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 tax so that it shall not be discriminatory, unreasonable or unfair as to such commerce.
3. Such application may be made before, at or within six months after payment of the prescribed license tax.
4. The applicant shall, by affidavit and supporting testimony show his method of business and the gross volume or estimated gross volume of business and such other information as the license assessor and collector may deem necessary in order to determine the extent, if any, of such undue burden on such commerce.
5. 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 facts from which he shall determine whether the tax fixed by Chapters 8-200 and 8-300 is discriminatory, unreasonable or unfair as to applicant's business and shall recommend to the governing body a license tax for the applicant in an amount that is nondiscriminatory, reasonable and fair, and if the governing body is satisfied that such license tax is the amount that the applicant should pay, it shall fix the license tax in such amount.
6. If the regular license tax has already been paid, the governing body shall order a refund of the amount over and above the tax fixed by the governing body.
7. 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. Where this title requires a license to be obtained from the city, the fees being set by ordinance or resolution, and where such fee is not paid at the time or in the manner provided in this title, a civil action may be brought in the name of the city against the person failing to pay any such license fee, in any court of this state having jurisdiction of such action, to recover the same, plus any penalties, fines, and fees of any kind that may have been imposed or accrued therewith, the city's reasonable attorney fees incurred in such action, and to enjoin further operation by the licensee. Where several amounts for licenses as fixed by any city ordinance or resolution shall remain due and unpaid by any person, the amounts may be joined as separate causes of action in the same complaint in a civil action.
2. The city attorney shall prepare, bring and prosecute the civil actions contemplated by this title upon the request of the city.
3. The requirements of this Chapter are also subject to all other enforcement remedies available to the City in law or equity including, without limitation, criminal prosecution and administrative remedies under Title 3 Chapter 600 of the North Logan City Code, the civil fee for such as set forth in Section 3-604 of the North Logan City Code.

1. General: The categories and schedules of fees for any business in this municipality shall be set by resolution of the City Council and published in the Master Fee Schedule. If a particular type of business is not specifically listed in the City fee schedule, the business license official shall determine the category that most closely fits the business.
2. Annual Base Fee: Base fee reflecting the actual City costs of processing and investigating license applications and investigations, both for an initial license and a renewal.
3. Disproportionate Business License Fee: Each calendar year, commercial businesses shall be subject to some or all of the additional costs the business typically imposes on the City to provide and maintain City services, consistent with State law, and as herein stated in Table 1:
   
   Table 1. Commercial Business Disproportionate Service Call Costs
   
   

   Business Category	Fire/EMS	Police	Total
   Assisted Living	$28,369	$17,742	$46,110
   Auto Sales and Services	$36	$339	$375
   Call Center	$864	$785	$1,649
   Convenience Store	$272	$1,734	$2,006
   Entertainment	$0	$1,567	$1,567
   Finance	$0	$535	$535
   Fitness	$55	$156	$211
   Government	$0	$435	$435
   Grocery	$174	$236	$409
   Hospital	$4,314	$4,830	$9,144
   Independent Living	$56,370	$20,509	$56,370
   Lodging	$962	$2,233	$3,195
   Manufacturing	$62	$149	$211
   Nursing Home	$1,751	$1035	$2,786
   Restaurant	$52	$282	$334
   Restaurant (w/ alcohol)	$469	$386	$334
   Retail Tobacco Specialty Business	$0	$535	$535
   Retail: 1 - 10,000 sf	$0	$84	$84
   Retail: 10,000 - 50,000 sf	$95	$316	$410
   Retail: 50,000 + sf	$174	$1,809	$1,982
   Storage	$124	$510	$635
   Residential Dwellings (per unit)
   Duplex/Fourplex	$4	$61	$65
   Apartment	$34	$105	$138

   Commercial Business Disproportionate Service Call Costs Definition Clarification:
   1. Assisted Living: means a residential facility with a home-like setting that provides an array of coordinated supportive personal, mental and medical health care services (i.e. skilled nursing, physical therapy) to residents who have been assessed to need any of these services, or any facility that is similar thereto.
   2. Independent Living: means a residential facility with a home-like setting that provides an array of coordinated supportive personal services (i.e. meals, maid, activities, grooming) to residents and provides no medical or nursing services, or any facility that is similar thereto.
   3. Nursing Home: means a long-term health care facility constructed, licensed, and operated to provide resident living accommodations, 24-hour staff availability, and residents require minimal to no medical services and minimal nursing services, or any facility that is similar thereto.
4. The categories and schedule of fees for business licenses in this municipality may be amended, modified, or set aside upon resolution of the City Council.

Retail licenses issued hereunder shall be of the following eight kinds and shall carry the following privileges and be known as:

1. Consumption Off Premises Beer License,
2. On Premise Beer Retailer License,
3. Limited Restaurant License
4. On Premise Banquet License
5. Tavern License
6. Restaurant Liquor License,
7. Private Club Liquor License, and
8. Temporary Beer Permit

1. Consumption Off Premises Beer License shall entitle the licensee to sell beer on the licensed premises in the original containers for consumption off the premises in accordance with the Utah Alcoholic Beverage Control Act and the ordinances of this municipality.
2. On Premise Beer Retailer License shall entitle the licensee to sell beer in the original containers or on draft on the licensed premises for consumption on the premises; or sell beer on the licensed premises in sealed containers for consumption off-premises in accordance with the Utah Alcoholic Beverage Control Act. Total sales from beer is not to exceed thirty percent (30%) of the business’s gross sales. Sale of beer to patrons is contingent upon ordering food with any beer purchased. 
3. Limited Restaurant License shall entitle the licensee to sell beer, heavy beer, or wine on the licensed premises for consumption on the premises in accordance with the Utah Alcoholic Beverage Control Act. Sale of any alcoholic beverage to patrons is contingent upon ordering food with any alcoholic beverage purchased. Total sales from alcoholic beverages is not to exceed thirty percent (30%) of the business’s gross sales. Further, no more than thirty percent (30%) of the retail floor area of the licensee’s restaurant may be utilized as a bar.
4. On Premise Banquet License shall entitle the licensee to sell alcoholic beverages (beer, wines and liquors) for consumption in connection with the licensee’s banquet and room service activities on the licensed premises in accordance with the Utah Alcoholic Beverage Control Act and the ordinances of this municipality.
5. Tavern License is for a facility selling beer for consumption on the licensed premises as the major part of the business. The license shall entitle the licensee to sell beer in the original containers or on draft on the licensed premises for consumption on the premises; or sell beer on the licensed premises in sealed containers for consumption off-premises in accordance with the Utah Alcoholic Beverage Control Act. Includes any businesses which serve beer but exceed the 50% limit on percent of sales from beer, as set forth in the Utah Alcoholic Beverage Control Act.
6. Restaurant Liquor License shall entitle the licensee to sell alcoholic beverages (beer, wines and liquors) for consumption on the licensed premises in accordance with the Utah Alcoholic Beverage Control Act and the ordinances of this municipality. Total sales from alcohol shall not exceed thirty percent (30%) of restaurant’s gross sales.
7. Private Club Liquor License shall entitle the licensee to sell alcoholic beverages (beer, wines and liquors) for consumption on the licensed premises in accordance with the Utah Alcoholic Beverage Control Act and the ordinances of this municipality. Each private club license must be specified as to class (class A, B, C, or D). Total sales from alcohol are not restricted to any specific percentage of gross sales in the club.
8. Temporary Beer Permit shall entitle the permitee to sell beer for a period of time not to exceed thirty (30) days. Each temporary permit must be specified as to type of license and other rules governing that class of license apply for the time of the temporary permit. Temporary permits are for temporary events, not for permanent businesses engaged in the sale of alcoholic beverages. A temporary permit may not, therefore, be issued as a temporary measure in lieu of, or until a permanent alcoholic beverage license is obtained.

1. The Recorder/Clerk is hereby delegated the authority to process, grant or deny all alcoholic beverage license applications, subject to the total number of licenses allowed and other provisions of this Chapter, and state and federal law and regulations.
2. Whenever the Recorder/Clerk shall determine that an application for an alcoholic beverage license, transfer renewal is complete the Recorder/Clerk shall approve or deny such application.
3. Whenever the Recorder/Clerk shall deny any application, the Recorder/Clerk shall specify in writing
   1. The statutes, ordinances and standards used in evaluating the application;
   2. The reasons for denial; and
   3. The actions, if any, that the applicant could take to obtain the license, transfer or renewal thereof.
4. Any applicant denied a license or refused a renewal of a license may request a hearing before the City Council pursuant to Section 8-418 of this Chapter. Any action to revoke or suspend a license must be taken by the governing body pursuant to Section 8-418 of this Chapter.

1. All applications filed in accordance with the provisions of this part shall be referred to the Chief of Police for inspection and report.
2. The Chief of Police shall when possible within 30 days after receiving such application make report to the governing body of the general reputation and character of the applicant and all persons named in the application as partners, officers, shareholders, directors and their criminal records, if any, and the general reputation and character of the persons who habitually frequent such place; the nature and kind of business conducted at such place by the applicant or by any other person or by the applicant at any other place; whether the place or any other place owned by the applicant is or has been conducted in a lawful, quiet and orderly manner; the nature and kind of entertainment, if any at such places; whether gambling is or has been permitted on the premises or by the applicant at any other place; and the proximity of such premises to any public or private school; church; public library; or public playground /park.
3. The Chief of Police shall also add to such report his recommendation as to whether or not the application should be granted.

1. All applications for renewal licenses filed by the holders of existing licenses shall be filed with the recorder/clerk at least thirty days prior to the expiration date of the then issued license and shall be accompanied by the fees required by this chapter.
2. Any person who fails to file such application within the stated time limit shall close his licensed premises on the expiration date of the then issued license and shall keep the premises closed and/or discontinue the sale of alcoholic beverages, if the business can continue without the sale of alcoholic beverages, until the date his new license is issued by the governing body.

1. Time of Day When Alcohol May be Sold. The licensee shall only be permitted to sell alcoholic beverages during the times of the day consistent with the Utah Alcoholic Beverage Control Act.
2. Quota on Number of Licenses/Granting of Local Consent. The total number of alcoholic beverage licenses, shall be controlled as follows. The municipality shall not grant local consent for, nor issue licenses in numbers more than as listed in table 8-1:
   
   Table 8-1
   

   Type of License	Total Number of Licenses Allowed in the City
   Consumption Off-Premises Beer License	Five (5)
   On Premise Beer Retailer License	No Limit
   Limited Restaurant License	No Limit
   On Premise Banquet License	Two (2)
   Tavern License	None
   Restaurant with Liquor License	No Limit
   Private Club With Liquor License	None
   Temporary Beer License	N/A

   This section shall not reduce the number of holders of licenses now issued by the municipality and that in the event this section affects the right of any person to continue in business by reason of the annexation of that person's property into the municipality, the governing body may grant consent and authorize On Premise Beer Retailer Licenses, Limited Restaurant Licenses, On Premise Banquet Licenses, Private Club with Liquor License or Restaurant With Liquor Licenses to be issued to such person in addition to the number of licenses (grants for local consent) permitted by this section.
   
   
3. Proximity. No licenses shall be issued to any person to sell alcoholic beverages where the licensed premises would be located closer to any public or private school; church; public library; or public playground /park than that which is permitted by the Utah Alcoholic Beverage Control Act. Nor shall any Temporary Beer Permit be issued where the permitted premises would be located closer to any public or private school; church; public library; or public playground/park than that which is permitted by the Utah Alcoholic Beverage Control Act for an On Premise Beer Retailer License. 
4. Storage of Alcoholic Beverages to be Out Of Sight: Any facility in which alcoholic beverages are allowed to be consumed on premises shall store the alcoholic beverages in such a manner that they are kept substantially out of sight from the public. Bottles or other containers meant for holding alcoholic beverages (even if such containers are empty) shall not be used as decorations or otherwise displayed to the public, particularly in the lobby or general waiting areas of the premises. The display and storage of bottles or other containers for holding alcoholic beverages in other areas of the licensed premises shall be limited to such display as is reasonably necessary to properly store said containers, while having them available for the preparation and service of alcoholic beverages, as allowed by law. 
5. Sign Restrictions for Restaurants with Liquor Licenses: Any person seeking a Restaurant with Liquor License shall submit a signed agreement with the person’s application agreeing that the Licensee shall not have any signs in the windows or on the exterior of the licensed premises, which advertise or promote the sale of alcoholic beverages, whether by brand or generally. All information regarding alcohol product availability, price and factual information regarding product qualities shall only be provided on menus and price lists, as allowed by Alcohol Beverage Control Commission Rules and Regulations, provided that product-related signs may be placed in the areas of the restaurant where alcoholic beverages are prepared.
6. Restriction on Alcohol-Related Promotional Activities or Events: Any person seeking a Restaurant with Liquor License shall submit a signed agreement with the person’s application agreeing that no promotional or advertising events or activities will be conducted on the licensed premises using any alcoholic beverage identification, including logos, trademarks, or names on clothing, toys, games or any equipment to promote the use of alcoholic products or the increased consumption of alcoholic products inasmuch as Restaurants with Liquor Licenses are frequented by patrons under the age of 21 years. Such promotions and advertising are not in keeping with the City’s  stated intent to encourage Restaurants of a type and character that bring a commitment to high quality to the community. 
7. Attire and Conduct Restrictions. Any person seeking a Restaurant with Liquor License, shall submit a signed agreement with the person’s application agreeing to strictly comply with Section 32A-1-601 through 604, Utah Court Annotated, 1953, as amended, and as it may be amended in the future, which is entitled the “Attire, Conduct and Entertainment Act.” In addition to the state-imposed requirements of said Act, all employees and agents of the Licensee shall at all times be tastefully and fully-clothed, in furtherance of the City’s stated intent to encourage Restaurants of a type and character that brings a commitment to high quality to the community. 
8. The restrictions stated in this Section 8-414 shall apply to all license applications submitted after the effective date of this ordinance, whether an initial application or an application for a renewal of a license. 

1. All licensed premises shall be subject to inspection by any officer, agent, or peace officer of the municipality or the Alcoholic Beverage Control Commission, or the Board of Health, and every licensee shall, at the request of the Board of Health furnish to it samples of alcoholic beverages which the licensee shall have for sale.
2. Any license granted pursuant to this part may be revoked on a finding by the governing body that the licensee has had ten days or more notice from the Board of Health that the licensee is violating one or more health ordinances, rules or regulations of this municipality or of the Utah Division of Health and has failed to comply with such health ordinance, rule or regulation.
3. The governing body may direct the Chief of Police to close down any business licensed under this part 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. The governing body may, after notice and a hearing, revoke, suspend or affirm or reverse the Recorder/Clerk’s refusal to renew any license issued under this chapter. Such action shall be taken in accordance with the following guidelines: 
   1. Such action may be taken by the council on a finding by it that the licensee or one or more of his/its partners, managers, officers, directors, shareholders as specified in this chapter, agents or employees, or any one of them have violated any of the provisions of this chapter or any ordinance of the city or law of the state whether now or here after enacted.
   2. A license shall be permanently revoked if the licensee knowingly submits false or fraudulent material information on any application or document filed with the city as a part of obtaining the license.
   3. The license of a licensee shall be permanently revoked if the licensee or any of his partners, managers, officers, directors, shareholders as specified in this chapter, agents or employees are convicted of a felony, with the exception that if said convicted person is an employee and said employee is immediately terminated and not re-hired by the licensee and the licensee was in no way associated with the felony for which the employee was convicted and further provided the felony was in no way associated with the sale of alcoholic beverages pursuant to the license granted under this chapter, the license may be retained in good standing by the licensee. 
   4. Any license issued shall be suspended, revoked or not renewed if the applicant or licensee or any of his/its managers, officers, directors, partners, shareholders, agents or employees fail to satisfactorily maintain or shall cease to possess or meet all of the qualifications required by the Utah Alcoholic Beverage Control Act, and the ordinances of North Logan City, specifically including this chapter. The same sanction may be imposed upon the licensee should he attempt to assign, transfer or sell his license in violation of this chapter.
   5. Any license issued pursuant to this chapter may be revoked, suspended or not renewed if the licensee or any of his/its managers, officers, directors, partners, shareholders, agents or employees shall be found in violation of any law of the state or provisions of the ordinances of this city relating to alcoholic beverages, drugs or keeping a gambling or disorderly house whether such violation is established by a conviction, a guilty plea or the forfeiture of bail on such a charge and the same does not constitute a felony.
   6. Except where these provisions require the permanent revocation of a license, a licensee who is found to have violated any of the provisions of this chapter may have his license suspended for a minimum of six months for a first offense, for a minimum of twelve (12) months for a second offense, and the license shall be permanently revoked for a third offense. If a period of five years passes between the date of the first offense and the next offense, then the succeeding offense shall be considered a first offense for purposes of this chapter. Provided, however, should any licensee accrue a total of four such violations, then his license shall be permanently revoked. If five years have passed since the last alleged offense, not requiring permanent revocation, at the time the ordinance codified in this chapter is adopted, then such licensee shall be currently deemed as having no such offenses. Any such offense(s) committed within five years prior to the adoption of the ordinance codified in this chapter shall be considered a first offense. The city council retains full discretion, however, to suspend a license for a longer period of time than the minimum stated in this section or to revoke a license permanently, even though not specifically required by the provisions of this chapter, should the circumstances of any particular violation, in its judgment, warrant such action.
   7. Any license which has been suspended or revoked prior to the effective date of the ordinance codified in this chapter may be reviewed for reinstatement upon request of the licensee, provided a minimum of six months has passed since the license was suspended or revoked and provided further, that the reason for the suspension or revocation was not one that requires the permanent revocation of such license according to the provisions of this chapter.
2. The city recorder shall receive all complaints of alleged violation of this chapter and shall refer the same to the city council which shall be responsible for investigating, through and with the assistance of the city's police department or the Cache County sheriff's office, all allegations of a violation of or noncompliance with this chapter, the Utah Alcoholic Beverage Control Act or any other condition imposed upon the licensee by the license or the city. As deemed necessary, the city council may cause a notice of violation and a hearing to be directed to the licensee which shall set forth the date and place of the hearing and the alleged violations and shall direct that the licensee, within ten days after service of the notice, appear before the city council at the named hearing. Failure of the licensee to appear shall be deemed an admission by him of his commission of the violations set forth in the notice and the city council may proceed immediately to take such action as allowed by this chapter. The city council shall conduct any hearing and may accept any relevant and material evidence and testimony. Such hearings shall be open to the public and shall be conducted informally with technical rules of evidence not applying to the proceedings. The licensee involved or any other person requesting such a hearing may be present and cross examine witnesses and give evidence before the council and may be represented by an attorney if so desired. The council shall issue a decision either at the conclusion of the hearing or within fourteen (14) days following the same, and all such decisions shall be in writing. The notice required by this chapter shall be sufficient if served personally upon the licensee or a partner, officer, director or legally constituted agent of the licensee or if sent to one of the named individuals by registered or certified mail not less than ten days in advance of the hearing to the principal place of business of the licensee.
3. A hearing may also be requested by any person:
   1. Who is denied or refused a license to sell alcoholic beverages by any officer, agent or employee of this municipality; or
   2. Whose license to sell alcoholic beverages is revoked, restricted, qualified or limited from that for which it was first issued.
4. The request for hearing must be made in writing to the mayor or recorder and be made within ten days following the date notice denying, refusing, revoking, qualifying or restricting the license is mailed by the municipality to the applicant or license holder at his address as it appears on the application or license.
5. Following receipt of a request for hearing, the governing body 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 municipality may produce to support its decision and to present his own evidence in support of his contention. The governing body shall, within fourteen (14) days following the conclusion of the hearing, in writing, inform the person who requested the hearing of the decision of the city council.
6. This chapter shall not be considered so as to afford any aggrieved party more than one hearing before the city council nor shall the hearing provided in this section apply to any criminal complaint or proceeding.

Some home-based businesses, as specified below, will require special inspections or other special licensing requirements. Any special requirements listed below must be complied with prior to the issuance of a home-based business license. The Planning Commission may place conditions on these types of home-based businesses in order to minimize disruptions to the specific neighborhood in which a home-based business is located.

1. Child-care, day-care, pre-school/short term child day care for more than eight (8) children at one time shall require an inspection of the premises by the city to ensure compliance with building code requirements and any applicable state and federal regulations. A conditional use permit shall be required from the Planning Commission. 
   
2. Licensed proctor care for one child or up to three (3) children if they are siblings or foster care or a host home for up to four (4) children shall require an inspection of the premises by the city to ensure compliance with building code requirements and any applicable state and federal regulations. A conditional use permit shall be required from the Planning Commission.
3. A beauty or barber-shop home-based business with more than three (3) beauticians and/or barbers shall require a conditional use permit from the Planning Commission 
4. A home-based business that includes providing instructions to a group of more than four students per class (such as dancing or martial arts classes; and educational class offerings with more than four students per class shall be required to obtain a conditional use permit from the Planning Commission
5. Home-based businesses that would also be defined as an adult oriented business or any home-based business that sells alcoholic beverages (both as defined in the city’s zoning ordinance) are prohibited as home-based businesses because of those business type’s inherent incompatibility with a residential area.
6. Short Term Rentals. All short- term rental units must first obtain a Conditional Use Permit per the requirements of NLMC Section 12C-517.

1. "Adult Bookstore", “Adult Novelty Store” or "Adult Video Store" means a commercial establishment:
   1. Which excludes minors from more than fifteen percent of the retail floor or shelf space of the premises; or
   2. Which, as one of its principal purposes, offers for sale, viewing or rental, for any form of consideration, any one or more of the following: books, magazines, periodicals, or other printed matter; or photographs, films, motion pictures, video cassettes, or video reproductions, slides, or other visual representations, the central theme of which depicts or describes "specified sexual activities" or "specified anatomical areas"; or instruments, devices, or paraphernalia which are designated for use in connection with "specified sexual activities," except for legitimate medically recognized contraceptives.
2. "Adult Business" or “Adult Oriented Business” means an adult motion picture theater, adult bookstore, ,adult novelty store, adult video store as defined by this chapter or any business providing products or services which constitute at least fifteen percent of the floor space for retail sales of items and performance of services which are illegal to minors or not legally obtainable without written parental or legal guardian consent, unless exempt under the provisions of Section 8-610 of this Chapter. "Adult Oriented Business" also means semi-nude entertainment businesses, adult oriented outcall services, adult businesses, and semi-nude dancing agencies, as defined by this Chapter.
3. “Adult Motion Picture Theater" means a commercial establishment which:
   1. Excludes minors from the showing of two consecutive exhibitions (repeatedshowings of any single presentation shall not be considered a consecutive exhibition); or
   2. As its principal business, shows, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions which are primarily characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
4. “Adult Theater” means a theater, concert hall, auditorium, or similar commercial establishment which:
   1. Holds itself out as such a business; or
   2. Excludes minors from the showing of two consecutive exhibitions (repeated performance of the same presentation shall not be considered a consecutive exhibition); or
   3. As its principal business, features persons who appear in live performances in a state of semi-nudity or which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
5. "Employ" means hiring an individual to work for pecuniary or any other form of compensation, whether such person is hired on the payroll of the employer, as an independent contractor, as an agent, or in any other form of employment relationship.
6. "Escort" means any person who, for pecuniary compensation, dates, socializes, visits, consorts with, or accompanies or offers to date, consort, socialize, visit, or accompany another or others to or about social affairs, entertainment, or places of amusement, or within any place of public or private resort or any business or commercial establishment or any private quarters. "Escort" shall not be construed to include persons who provide business or personal services, such as licensed private nurses, aides for the elderly, or handicapped, social secretaries or similar service personnel whose relationship with their patron is characterized by a bona fide contractual relationship having a duration of more than twelve hours and who provide a service not principally characterized as dating or socializing. "Escort" shall also not be construed to include persons providing services such as singing telegrams, birthday greetings, or similar activities characterized by appearances in a public place, contracted for by a party other than the person for whom the service is being performed and of a duration not longer than one hour.
7. "Escort Service" means an individual or entity that, for pecuniary compensation, furnishes or offers to furnish escorts, or provides or offers to introduce patrons to escorts.
8. "Escort Service Runner" means any third person, not an escort, who, for pecuniary compensation, acts in the capacity of an agent or broker for an escort service, escort, or patron by contacting or meeting with escort services, escorts, or patrons at any location within the City, whether or not such third person is employed by such escort service, escort, patron, or by another business, or is an independent contractor or self-employed.
9. “Nudity” means a state of dress in which the nipple and areola of the female breast or male or female genitals, pubic region, or anus are covered by less than the covering required in the definition of semi-nude.
10. "Operator" means the manager or other natural person principally in charge of an adult oriented business.
11. "Outcall Services" means services of a type performed by an adult oriented business employee outside of the premises of the licensed adult oriented business, including but not limited to escorts, models, dancers and other similar employees.
12. "Patron" means any person who contracts with or employs any escort services or escort or the customer of any business licensed pursuant to this Chapter.
13. "Pecuniary Compensation" means any commission, fee, salary, tip, gratuity, hire, profit, reward, or any other form of consideration.
14. "Person" means any person, unincorporated association, corporation, limited liability company, partnership, or other legal entity.
15. "Semi-nude" means a state of dress in which every portion of the female breast below a horizontal line across the top of the areola at its highest point or a simulation thereof shall be covered by opaque covering; and the male or female genitals, pubic region, and anus or simulation thereof shall be fully covered by an opaque covering no narrower than four inches wide in the front and five inches wide in the back, which shall not taper to less than one inch wide at the narrowest point, provided, however, that the covering is sufficient to completely cover the genitals and anus and that no pubic hair is showing.
16. "Semi-nude Dancing Agency" means any person, agency, firm, corporation, partnership, or any other entity or individual which furnishes, books, or otherwise engages or offers to furnish, book, or otherwise engage the service of a professional dancer licensed pursuant to this Chapter for performance or appearance at a business licensed for adult theaters and at or for any other adult oriented business.
17. "Semi-nude Entertainment Business" means a business, including adult theater, where employees perform or appear in the presence of patrons of the business in a state of semi-nudity. A business shall also be presumed to be a semi-nude entertainment business if the business holds itself out as such a business. "
18. "Adult Oriented Business Employees" means those employees who work on the premises of an adult-oriented business in activities related to the adult oriented portion of the business. This includes all managing employees, dancers, escorts, models, and other similar employees, whether or not hired as employees, agents, or as independent contractors. Employees shall not include individuals whose work is unrelated to the adult-oriented portion of the business, such as janitors, bookkeepers, and similar employees. Adult-oriented business employees shall not include cooks, serving persons, and similar employees, except where they may be managers or supervisors of the business. All persons making outcall meetings under this Chapter, including escorts, models, guards, escort runners, drivers, chauffeurs, and other similar employees, shall be considered adult-oriented business employees.
19. "Specified Anatomical Areas" means the human male or female pubic area or anus or a simulation thereof with less than a full opaque covering; the human female breast or simulation thereof below a horizontal line across the top of the areola at its highest point, with less than full opaque covering; or the human male genitals in a discernibly turgid state, even if completely and opaquely covered.
20. "Specified Sexual Activities" means acts, whether real or simulated, of:
    1. Masturbation,
    2. Human sexual intercourse,
    3. Sexual copulation between a person and a beast,
    4. Fellatio,
    5. Cunnilingus,
    6. Bestiality,
    7. Pederasty,
    8. Buggery,
    9. Anal copulation between a human male and another human male, human female, or beast,
    10. Sodomy
    11. Manipulating, caressing or fondling; or simulating such actions, by any person of:
        1. The genitals of a human or beast,
        2. The pubic area of a human or beast,
        3. The breast or breasts of a human female; or
        4. Any part of the human buttocks or anus
    12. Actual or simulated acts of sadomasochism, flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed.
    13. The actual or simulated display of human male genitalia in a discernibly turgid state, even if completely and opauely covered; or
    14. The public display of any specified anatomical areas. 

1. Adult oriented business shall be only permitted in accordance with Title 12.C. Chapter 12C-1001, subject to the provisions of this Chapter.
2. No adult-oriented business shall be located:
   1. Within 1,000 feet of any school, public park, library, or religious institution.
   2. Within 1,000 feet of any residential use (no matter which zoning district) or residential zoning boundary.
   3. Within 600 feet of any other adult-oriented business.
   4. Within 600 feet of any gateway or gateway corridor as identified in this title or as identified in the General Plan (sometimes also referred to as the Master Plan). The distance shall be measured from the edge right-of-way. For the purposes of this section the gateways to the city are defined as the following three points or intersections: 1) Main street and 3100 North, 2) Main Street and 1500 North, and 2500 North and 600 West.
3. Distance requirements between structures and uses specified in this Section shall be measured in a straight line, without regard to intervening structures or zoning districts, from the perimeter property boundaries of the school, public park, library, religious institutions, residential use, or other adult-oriented business, or from the edge of right-of-way of a gateway to the nearest point on the structure of the adult-oriented business.
4. Distance requirements from zoning districts for this Section shall be measured in a straight line, without regard to intervening structures or zoning districts, from the closest zoning boundary of a residential district to the nearest point on the adult-oriented business structure.

1. Notwithstanding anything contained in this Chapter, nothing in this Chapter shall be deemed to permit or allow the showing or display of any matter which is contrary to applicable federal or State statutes prohibiting obscenity.
2. Notwithstanding anything contained in this Chapter, nothing in this Chapter shall be deemed to permit or allow conduct or the showing or display of any matter which is contrary to the provisions of Chapter 15-600, Offenses Against Public Health, Safety, Welfare and Morals.

1. The City does not intend to unreasonably or improperly prohibit legitimate modeling which may occur in a state of nudity for purposes protected by the First Amendment or similar State protections. The City does intend to prohibit prostitution and related offenses occurring under the guise of nude modeling. Notwithstanding the provisions of Section 8-624 (11), a licensed outcall employee may appear in a state of nudity before a customer or patron, providing that a written contract for such appearance was entered into between the customer or patron and the employee and signed at least forty-eight hours before the nude appearance. All of the other applicable provisions of this Chapter shall still apply to such nude appearance.
2. In the event of a contract for nude modeling or appearance signed more than forty-eight hours in advance of the modeling or appearance, the individual to appear nude shall not be required to obtain a license pursuant to this Chapter. During such unlicensed nude appearance, it is unlawful to:
   1. Appear nude or semi-nude in the presence of persons under the age of eighteen;
   2. Allow, offer, or agree to any touching of the contracting party or other person by the individual appearing nude;
   3. Allow, offer, or agree to commit prostitution, solicitation of prostitution, solicitation of a minor, or committing activities harmful to a minor;
   4. Allow, offer, commit, or agree to any sex act as validly defined by City ordinances or State statute;
   5. Allow, offer, agree, or permit the contracting party or other person to masturbate in the presence of the individual contracted to appear nude;
   6. Allow, offer, or agree for the individual appearing nude to be within five feet of any other person while performing or while nude or semi-nude.

1. It is unlawful for any business premises to operate or be licensed for more than one category of adult oriented business, except that a business may have a license for both outcall services and a semi-nude dancing agency on the same premises.
2. The categories of adult oriented businesses are:
   1. Outcall services;
   2. Adult businesses;
   3. Semi-nude entertainment businesses;
   4. Semi-nude dancing agency.

1. The correct legal name of each applicant, corporation, partnership, limited partnership, or entity doing business under an assumed name;
2. If the applicant is a corporation, limited liability company, partnership, or limited partnership, or individual or entity doing business under an assumed name, the information required below for individual applicants shall be submitted for each partner, member, manager and each principal of an applicant, and for each officer, director, and any shareholder (corporate or personal) of more than ten percent of the stock of any applicant. Any holding company, or any entity holding more than ten percent of an applicant, shall be considered an applicant for purposes of disclosure under this Chapter. The shareholder disclosure requirements above shall only be applicable for outcall service licenses;
3. All corporations, limited liability companies, partnerships, or non-corporate entities included on the application shall also identify each individual authorized by the corporation, limited liability companies, partnership, or non-corporate entity to sign the checks for such corporation, limited liability company, partnership, or non-corporate entity;
4. For all applicants or individuals, the application must also state:
   1. Any other names or aliases used by the individual,
   2. The age, date, and place of birth,
   3. Height,
   4. Weight,
   5. Color of hair,
   6. Color of eyes,
   7. Present business address and telephone number,
   8. Present residence and telephone number,
   9. Utah driver license or identification number, and
   10. Social security number;
5. Acceptable written proof that any individual is at least eighteen years of age;
6. Attached to the form, as provided above, two color photographs of the applicant clearly showing the individual's face and the individual's fingerprints on a form provided by the Police Department. For persons not residing in the City, the photographs and fingerprints may be on a form from the law enforcement jurisdiction where the person resides. Fees for the photographs and fingerprints shall be paid by the applicant as part of the business license application fee or by the applicant directly to the issuing agency;
7. For any individual applicant required to obtain an adult oriented business employee license as an escort or a semi-nude entertainer, a certificate from the Bear River Health Department, stating that the individual has, within thirty days immediately preceding the date of the original or renewal application, been examined and found to be free of any contagious or communicable diseases;
8. A statement of the business, occupation, or employment history of the applicant for three years immediately preceding the date of the filing of the application;
9. A statement detailing the license or permit history of the applicant for the five-year period immediately preceding the date of the filing of the application, including whether such applicant previously operating or seeking to operate, in this or any other county, city, state, or territory, has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or has had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the date, the name of the issuing or denying jurisdiction, and state in full the reasons for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application; all criminal convictions or pleas of nolo contendere, except those which have been expunged, and the disposition of all such arrests for the applicant, individual, or other entity subject to disclosure under this Chapter, for five years prior to the date of the application. This disclosure shall include identification of all ordinance violations, excepting minor traffic offenses (any traffic offense involving alcohol or drugs or any offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature of each conviction or plea of nolo contendere, and sentence of each conviction or other disposition, identifying the convicting jurisdiction and sentencing court, and providing the court identifying case numbers or docket numbers. Application for an adult oriented business or employee license shall constitute a waiver by the applicant and specifically allow the disclosure of any criminal conviction or plea of nolo contendere for the purposes of any proceeding involving the business or employee license;
10. In the event the applicant is not the owner of record of the real property upon which the business or proposed business is or is to be located, the application must be accompanied by a notarized statement from the legal or equitable owner of the possessory interest in the property specifically acknowledging the type of business for which the applicant seeks a license for the property. In addition to furnishing such notarized statement, the applicant shall furnish the name, address, and phone number of the owner of record of the property, as well as the copy of the lease or rental agreement pertaining to the premises in which the service is or will be located;
11. A description of the services to be provided by the business, with sufficient detail to allow reviewing authorities to determine what business will be transacted on the premises, together with a schedule of usual fees for services to be charged by the licensee, and any rules, regulations, or employment guidelines under or by which the business intends to operate. This description shall also include:
    1. The hours that the business or service will be open to the public, and the methods of promoting the health and safety of the employees and patrons and preventing them from engaging in illegal activity,
    2. The methods of supervision preventing the employees from engaging in acts of prostitution or other related criminal activities,
    3. The methods of supervising employees and patrons to prevent employees and patrons from charging or receiving fees for services or acts prohibited by this Chapter or other statutes or ordinances,
    4. The methods of screening employees and customers in order to promote the health and safety of employees and customers and prevent the transmission of disease, and prevent the commission of acts of prostitution or other criminal activity.
12. It is unlawful to knowingly submit false or materially misleading information on or with an adult oriented business license application or to fail to disclose or omit information for the purpose of obtaining an adult oriented business or employee license.

1. It is unlawful to conduct business under a license issued pursuant to this Chapter at any location other than the licensed premises. Any location to which telephone calls are automatically forwarded by such business shall require a separate license.
2. It is unlawful for any adult oriented business to do business in the City under any name other than the business name specified in the application.

The City Treasurer shall approve the issuance of a license to the applicant within thirty days after receipt of a completed application, unless the official finds one or more of the following:

1. The applicant is under eighteen years of age; (Ord. 98-06)
2. The applicant is overdue in payment to the City of taxes, fees, fines, or penalties assessed against the applicant or imposed on the applicant.
3. The applicant has falsely answered a material question or request for information as authorized by this Chapter;
4. The applicant has violated a provision of this Chapter or similar provisions found in statutes or ordinances from any jurisdiction within two years immediately preceding the application; a criminal conviction for a violation of a provision of this Chapter or similar provisions from any jurisdiction, whether or not it is being appealed, is conclusive evidence of a violation, but a conviction is not necessary to prove a violation;
5. The premises to be used for the business have been disapproved by the Bear River Health Department, the Fire Department, the Police Department, the building officials, or the zoning officials as not being in compliance with applicable laws and ordinances of the City. If any of the foregoing reviewing agencies cannot complete their review within the thirty-day approval or denial period, the agency or department may obtain from the City Treasurer an extension of time of no more than fifteen days for their review. The total time for the City to approve or deny a license shall not exceed forty-five days from the receipt of a completed application and payment of all fees. Businesses located outside of the corporate boundaries of the City, but requiring a license under this Chapter, may be denied a license pursuant to this Chapter if the business does not have a valid business license to conduct business at the business location from the appropriate jurisdiction for that location;
   1. Upon receipt of an application, all departments required to review the application shall determine within seven days whether or not the application is incomplete in items needed for processing. Incomplete applications shall immediately be returned to the applicant with a specification of the items which are incomplete;
   2. The time for processing applications specified in this Section shall begin to run from the receipt of a complete application;
   3. In the event that a license for semi-nude entertainment, semi-nude dancing agencies, adult businesses, or semi-nude entertainment businesses has not been disapproved within thirty days or the forty-five days allowed after an extension, the City shall issue the license pending completion of the City's review;
   4. Any license issued pursuant to item (c) above may be revoked by the City, pursuant to the revocation procedures provided for herein, if the complete review determines that the license should have been denied.
6. The required license fees have not been paid;
7. All applicable sales and use taxes have not been paid;
8. An applicant for the proposed business is in violation of or not in compliance with this Chapter or similar provisions found in statutes or ordinances from any jurisdiction;
9. An applicant has been convicted or pled nolo contendere to a crime:
   1. Involving prostitution; exploitation of prostitution; aggravated promotion of prostitution; aggravated exploitation of prostitution; solicitation of sex acts; sex acts for hire; compelling prostitution; aiding prostitution; sale, distribution, or display of material harmful to minors; sexual performance by minors; possession of child pornography; lewdness; indecent exposure; any crime involving sexual abuse or exploitation of a child; sexual assault or aggravated sexual assault; rape; forcible sodomy; forcible sexual abuse; incest; harboring a runaway child; criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction, regardless of the exact title of the offense; for which:
      1. Less than two years have elapsed from the date of conviction, if the conviction is of a misdemeanor offense, or less than five years have elapsed from the date of the last conviction if the convictions are of two or more misdemeanors within the five years, or
      2. Less than five years have elapsed from the date of conviction, if the offense is of a felony.
   2. The fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this Section.

1. In addition to the general requirements of disclosure for an adult oriented business, any applicant for a license as an adult business shall also submit a diagram, drawn to scale, of the premises of the license. The design and construction, prior to granting a license or opening for business, shall conform to the following:
   1. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms.
   2. Restrooms may not contain any video reproduction equipment or any of the business merchandise. Signs shall be posted requiring only one person being allowed in the restroom per stall, and only one person in any stall at a time, and requiring that patrons shall not be allowed access to manager's station areas.
   3. For businesses which exclude minors from the entire premises, all windows, doors and other apertures to the premises shall be darkened or otherwise constructed to prevent anyone outside the premises from seeing the inside of the premises. Businesses that exclude minors from less than all of the premises shall be designed and constructed so that minors may not see into the area from which they are excluded.
   4. The diagram required shall not necessarily be a professional engineer's or architect's blueprint; however, the diagram must show marked internal dimensions, all overhead lighting fixtures, and ratings for illumination capacity.
2. It shall be the duty of the licensee and the licensee's employees to ensure that the views from the manager's station in subsection 1 of this Section remain unobstructed by any doors, walls, merchandise, display racks, or any other materials at all times that any patron is present in the premises, and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.
3. The premises shall at all times be equipped and operated with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one foot-candle, measured at floor level. It shall be the duty of the licensee and the licensee's employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

1. It is unlawful for business premises licensed for semi-nude entertainment to:
   1. Permit a bed, sofa, mattress, or similar item in any room on the premises, except that a sofa may be placed in a reception room open to the public or in any office to which patrons are not admitted, and except that in an adult theater such items may be on the stage as part of a performance;
   2. Allow any door on any room used for the business, except for the door to an office to which patrons shall not be admitted, outside doors, and restroom doors to be lockable from the inside;
   3. Provide any room in which the employee or employees and the patron or patrons are alone together without a separation by a solid physical barrier at least three feet high and six inches wide. The patron or patrons shall remain on one side of the barrier and the employee or employees shall remain on the other side of the barrier.
2. Adult theaters shall also require that the performance area shall be separated from the patrons by a minimum of six feet, which separation shall be delineated by a physical barrier at least three feet high.

1. It is unlawful for any business licensed pursuant to this Chapter to allow the sale, storage, supply, or consumption of alcoholic beverages on the premises.
2. It is unlawful for any person to possess or consume any alcoholic beverage on the premises of any adult oriented business.

1. It is unlawful for any individual or entity to furnish, book, or otherwise engage the services of a professional dancer, model, or performer to appear in a state of semi-nudity for pecuniary compensation in or for any semi-nude enter tainment business or adult theater licensed pursuant to this Chapter, unless such agency is licensed pursuant to this Chapter.
2. It is unlawful for any individual or entity to furnish, book, or otherwise engage or permit any person to perform as a professional dancer, model, or performer in a state of semi-nudity or nudity, either gratuitously or for compensation, in or for any business licensed pursuant to this Chapter, unless such person is licensed pursuant to this Chapter.

It is unlawful for any professional dancer, model, or performer, while performing in any business licensed pursuant to this Chapter, to:

1. Touch in any manner any other person;
2. Throw any object or clothing off the stage area;
3. Accept any money, drink, or any other object directly from any person; or
4. Allow another person to touch such performer or to place any money or object on the performer or within the costume or person of the performer; or
5. Place anything within the costume or adjust or move the costume while performing so as to render the performer in a state of nudity.

1. The provisions of this Chapter shall be applicable to all persons and businesses described herein, whether the herein-described activities were established before or after the effective date of the provisions codified in this Chapter and regardless of whether such persons and businesses are currently licensed to do business in the City.
   1. All such persons and businesses requiring outcall service licenses shall have forty-five days from the effective date of the ordinance codified in this Chapter, or until their current license expires, whichever is first in time, to comply with the provisions of this Chapter.
   2. All semi-nude dancing agency licenses shall have forty-five days from the effective date of the ordinance codified in this Chapter, or until their license must be renewed, whichever is first, to comply with the provisions of this Chapter.
   3. All adult businesses and semi-nude entertainment businesses shall have forty-five days from the effective date of the ordinance codified in this Chapter, or until their current license must be renewed, whichever is first, to comply with the provisions of this Chapter.
2. For the year 1998, all businesses required by this Chapter to be licensed as adult oriented businesses shall receive credit for any 1998 license fee(s) paid and shall be required to remit the difference, if any, for fees assigned to the adult oriented business classifications established, as applicable.

1. The City may issue a notice of intent to suspend, revoke, or not renew an adult oriented business or employee license granted under this Chapter if a licensee or an employee of the licensee has:
   1. Violated or is not in compliance with this Chapter,
   2. Refused to allow any inspection of the premises of the adult oriented business specifically authorized by this Chapter or by any other statute or ordinance;
   3. Failed to replenish the cost bond as provided in this Chapter (such a suspension shall extend until the bond has been replenished);
   4. Given materially false or misleading information in obtaining the license;
   5. Knowingly operated the adult oriented business or worked under the employee license during the period when the business licensee or employee licensee's license was suspended;
   6. A licensee has committed an offense that would be grounds for denial of a license for which the time period required has not elapsed;
   7. On two or more occasions within a twelve-month period, a person or persons committed in or on the licensed premises, or solicited for on the licensed premises, or an outcall employee solicited or committed on or off the premises, an offense which would be grounds for denial of a license for which a conviction has been obtained, and the person or persons were employees, whether or not licensed, of the adult oriented business at the time the offenses were committed;
   8. A licensee is delinquent in payment to the City for taxes or fees related to the adult oriented business.
2. Notice of intent to suspend, revoke, or not renew shall be given and a hearing held as set forth in Section 8-110 of this code.
3. The fact that a conviction is being appealed shall have no effect on the revocation of the license.
4. The preceding subsections shall not apply to applications for adult-oriented businesses which have not previously been licensed by the municipality, and such applicants need only be informed that their applications has been denied and the reasons for denial.

1. In addition to revocation or suspension of a license, as provided in this Chapter, each violation of this Chapter shall, upon citation by the City Administrator, require the licensee to pay a civil penalty in the amount of five hundred dollars. Such fines shall be deducted from the cost bond posted pursuant to this Chapter, unless paid with in ten days of notice of the fine or the final determination after any appeal. In addition to the civil fines provided in this Chapter, the violation of any provision of this Chapter shall be a class “B” misdemeanor. Each day of a violation shall be considered a separate offense.
2. Every act or omission by an employee constituting a violation of the provisions of this Chapter shall be deemed the act or omission of the adult oriented business licensee and/or operator, if such act or omission occurs either with the authorization, knowledge, or approval of the licensee and/or operator, or as a result of the licensee’s and/or operator’s negligent failure to supervise the conduct of the employee, and the adult oriented business licensee shall be punishable for such act or omission in the same manner as if the licensee committed the act or caused the omission.
3. An adult oriented business licensee and/or operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provisions of this Chapter shall be deemed the act or omission of the licensee and/or operator for the purposes of determining whether the licensee’s license shall be revoked, suspended, or renewed.

Residents of the City have an inalienable interest in their personal safety, well-being, and privacy in their residences, as well as their ability to provide or receive information regarding matters of personal belief, political or charitable activities, and goods and services lawfully in commerce. The City has a substantial interest in protecting the well-being, tranquility, personal safety, and privacy of its citizens, which includes the ability to protect citizens from unwanted intrusions upon residential property. The City also has a substantial interest in protecting citizens from fraud or otherwise unfair consumer sales practices as well as criminal activity. There must be a balance between these substantial interests of the City and its citizens, and the effect of the regulations in this Chapter on the rights of those who are regulated. Based on the collective experiences of City officials derived from regulating business activity, protecting persons and property from criminal conduct, responding to the inquiries of citizens regarding Door-to-Door Solicitation, the experience of its law enforcement officers and those affected by Door-to-Door canvassing and solicitation, as well as judicial decisions outlining the boundaries of constitutional protections afforded and denied persons seeking to engage in Door-to-Door Solicitation, North Logan City adopts this Chapter to promote the City’s substantial interests in:

1. Respecting citizen’s decisions regarding privacy in their residences;
2. Protecting persons from criminal conduct;
3. Providing equal opportunity to Advocate for and against Religious Belief, Political Position, or Charitable Activities; and
4. Permitting truthful and non-misleading Door-to-Door Solicitation regarding lawful Goods or Services in intrastate or interstate commerce.

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

1. Registered Solicitors and persons exempt from Registration need not apply for, nor obtain, any other license, permit, or registration from the City to engage in Door-to-Door Solicitation.
2. Any Business licensed by the City under another City Ordinance that uses employees, independent contractors, or agents for Door-to-Door Solicitation in an effort to provide any tangible or intangible benefit to the Business, shall be required to have such Solicitors obtain a Certificate, unless otherwise exempt from Registration.
3. Those Responsible Persons or Entities associated with Registered Solicitors need not apply for, nor obtain, any other license, permit, or registration from the City, provided they do not establish a temporary or fixed place of business in the City.
4. Nothing herein is intended to interfere with or supplant any other requirement of federal, state, or other local government law regarding any license, permit, or certificate that a Registered Solicitor is otherwise required to have or maintain.

For the purposes of this Chapter, the following definitions shall apply:

1. “Advocating” means speech or conduct intended to inform, promote, or support Religious Belief, Political Position, or Charitable Activities.
2. “Appeals Officer” means the Mayor or the Mayor's designee responsible for receiving the information from the City and Appellant regarding the denial or suspension of a Certificate and issuing a decision as required by this Chapter.
3. “Appellant” means the person or entity appealing the denial or suspension of a Certificate, either personally as an Applicant or registered Solicitor, or on behalf of the Applicant or Registered Solicitor.
4. “Applicant” means an individual who is at least sixteen (16) years of age and not a corporation, partnership, limited liability company, or other lawful entity who applies for a Certificate permitting Door-to-Door Solicitation.
5. “Application Form” means a standardized form provided by the City to an Applicant to be completed and submitted as part of Registration.
6. “B.C.I.” means an original or copy, dated no older than 180 days prior to the date of the Application, of either: (1) a Utah Department of Public Safety Bureau of Criminal Identification verified criminal history report personal to the Applicant; or (2) verification by the Utah Department of Public Safety Bureau of Criminal Identification that no criminal history rising to the level of a Disqualifying Status exists for the Applicant.
7. “Business” means a commercial enterprise licensed by the City as a person or Entity under this Title, having a fixed or temporary location within the City.
8. “Certificate” means a temporary, annual, or renewal Certificate permitting Door-to-Door Solicitation in the City applied for or issued pursuant to the terms of this Chapter.
9. “Charitable Activities” means Advocating by persons or Entities that either are, or support, a Charitable Organization.
10. “Charitable Organization” includes any person, joint venture, partnership, limited liability company, corporation, association, group, or other Entity:
    1. that is:
       1. a benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary, social welfare or advocacy, public health, environmental or conservation, or civic organization;
       2. for the benefit of a public safety, law enforcement, or firefighter fraternal association; or
       3. established for any charitable purpose; and
    2. That is tax exempt under applicable provisions of the Internal Revenue Code of 1986 as amended, and qualified to solicit and receive tax deductible contributions from the public for charitable purposes.
    3. Charitable Organization includes a chapter, branch, area, or office, or similar affiliate or any person soliciting contributions within the state for a Charitable Organization that has its principal place of business outside the City or State of Utah.
11. “Competent Individual” means a person claiming or appearing to be at least eighteen (18) years of age and of sufficiently sound mind and body to be able to engage in rational thought, conversation, and conduct.
12. “Completed Application” means a fully completed Application Form, a B.C.I., two copies of the original identification relied on by the Applicant to establish Proof of Identity, and the tendering of Fees.
13. “Criminally Convicted” means the final entry of a conviction, whether by a plea of no contest , guilty, entry of a judicial or jury finding of guilt, which has not been set aside on appeal or pursuant to a writ of habeas corpus. The criminal conviction is that offense of which the Applicant or Registered Solicitor was convicted, without regard to the reduced status of the charge after completion of conditions of probation or parole, and charges dismissed under a plea in abeyance or diversion agreement.
14. “Disqualifying Status” means anything specifically defined in this Chapter as requiring the denial or suspension of a Certificate, and any of the following:
    1. The Applicant or Registered Solicitor has been Criminally Convicted of: (i) felony homicide, (ii) physically abusing, sexually abusing, or exploiting a minor, (iii) the sale or distribution of controlled substances, or (iv) sexual assault of any kind.
    2. Criminal charges currently pending against the Applicant or Registered Solicitor for: (i) felony homicide, (ii) physically abusing, sexually abusing, or exploiting a minor, (iii) the sale or distribution of controlled substances, or (iv) sexual assault of any kind.
    3. The Applicant or Registered Solicitor has been Criminally Convicted of a felony within the last ten (10) years;
    4. The Applicant or Registered Solicitor has been incarcerated in a federal or state prison within the past five (5) years;
    5. The Applicant or Registered Solicitor has been Criminally Convicted of a misdemeanor within the past (5) years involving a crime of: (i) moral turpitude, or (ii) violent or aggravated conduct involving persons or property.
    6. A Final Civil Judgment been entered against the Applicant or Registered Solicitor within the last five (5) years indicating that: (i) the Applicant or Registered Solicitor had either engaged in fraud, or intentional misrepresentation, or (ii) that a debt of the Applicant or Registered Solicitor was non-dischargeable in bankruptcy pursuant to 11 U.S.C. § 523(a)(2), (a)(4), (a)(6), or (a)(19);
    7. The Applicant or Registered Solicitor currently on parole or probation to any court, penal institution, or governmental entity, including being under house arrest or subject to tracking device;
    8. The Applicant or Registered Solicitor has an outstanding arrest warrant from any jurisdiction; or
    9. The Applicant or Registered Solicitor is currently subject to a protective order or civil stalking injunction based on physical or sexual abuse issued by a court or competent jurisdiction.
    10. The Applicant is an individual who is listed as a sex offender on the U.S. Department of Justice National Sex Offender Public Website (currently found at http://www.nsopw.gov); or
    11. The Applicant or Registered Solicitor has obtained or attempted to obtain a registration or a Certificate by misrepresentation.
15. “Door to Door Solicitation” means the practice of engaging in or attempting to engage in conversation with any person at a Residence, whether or not that person is a Competent Individual, while making or seeking to make or facilitate a Home Solicitation Sale, or attempting to further the sale of Goods and or Services.
16. “Entity” includes a corporation, partnership, limited liability company, or other lawful entity, organization, society or association.
17. “Fees” means the cost charged to the Applicant or Registered Solicitor for the issuance of a Certificate and/or Identification Badge, which shall not exceed the reasonable costs of processing the application and issuing the Certificate and/or Identification Badge. The fee shall be adopted by Resolution by the City Council.
18. “Final Civil Judgment” means a civil judgment that would be recognized under state law as a judgment to which collateral estoppel would apply.
19. “Goods” means one or more tangible items, wares, objects of merchandise, perishables of any kind, subscriptions, or manufactured products offered, provided, or sold.
20. “Home Solicitation Sale” means to make or attempt to make a Sale of Goods or Services by a Solicitor at a Residence by means of Door-to-Door Solicitation, regardless of
    1. the means of payment or consideration used for the purchase;
    2. the time of delivery of the Goods or Services; or
    3. the previous or present classification of the Solicitor as a solicitor, peddler, hawker, itinerant merchant, or similar designation.
21. “Licensing Officer” means the City employee(s) or agent(s) responsible for receiving from an Applicant or Registered Solicitor the Completed Application and either granting, suspending, or denying the Applicant’s Certificate.
22. “No Solicitation Sign” mean a reasonably visible and legible sign that states “No Soliciting,” “No Solicitors,” “No Salespersons,” “No Trespassing” or words of similar import.
23. “Political Position” means any actually held belief, or information for, against, or in conjunction with any political, social, environmental, or humanitarian belief or practice.
24. “Registered Solicitor” means any person who has been issued a current Certificate by the City.
25. “Registration” means the process used by the City Licensing Officer to accept a Completed Application and determine whether or not a Certificate will be denied, granted, or suspended.
26. “Religious Belief” means any sincerely held belief, or information for, against, or in conjunction with, any theistic, or atheistic assumption, presumption or position, or religious doctrine, dogma, or practice regardless of whether or not the belief or information is endorsed by any other person or public or private entity.
27. “Residence” means any living unit contained within any building or structure that is occupied by any person as a dwelling consistent with the zoning laws of the City, together with the lot or other real property on which the living unit is located. This does not include the sidewalk, public street or public rights of way.
28. “Responsible Person or Entity” means that person or Entity responsible to provide the following to an Applicant, Registered Solicitor, and the Competent Individual in a Residence to whom a Sale of Goods or Services is made or attempted to be made by means of a Home Solicitation Sale:
    1. maintaining a state sales tax number, a special events sales tax number, computing the sale taxes owing from any Sale of Goods or Services, paying the sales taxes, and filing any required returns or reports;
    2. facilitating and responding to requests from consumers who desire to cancel the sale pursuant to applicable contractual rights or law; and
    3. refunding any monies paid or reversing credit card charges to those persons who timely rescind any sale pursuant to applicable contractual rights or law.
       
29. “Sale of Goods or Services” means the conduct and agreement of a Solicitor and the Competent Individual in a Residence regarding a particular Good(s) or Service(s) that entitles the consumer to rescind the same within three days under any applicable federal, state, or local law.
30. “Services” means those intangible goods or personal benefits offered, provided, or sold to a Competent Individual of a Residence.
31. “Soliciting” or “Solicit” or “Solicitation” means any of the following activities:
    1. Seeking to obtain Sales or orders for the exchange of goods, wares, merchandise or perishables of any kind, for any kind of remuneration or consideration, regardless of whether advance payment is sought;
    2. Seeking to obtain prospective customers to apply for or to purchase insurance, subscriptions to publications, or publications;
    3. Seeking to obtain contributions of money or any other thing of value for the benefit of any person or Entity;
    4. Seeking to obtain orders or prospective customers for Goods or Services;
    5. Seeking to engage an individual in conversation at a Residence for the purpose of promoting or facilitating the receipt of information regarding Religious Belief, Political Position, Charitable Conduct, or a Home Solicitation Sale.
    6. Other activities falling within the commonly accepted definition of Soliciting, such as hawking or peddling.
32. “Solicitor” or “Solicitors” means a person(s) engaged in Door-to-Door Solicitation.
33. “Submitted in Writing” means the information for an appeal of a denial or suspension of a Certificate, submitted in any type of written statement to the City offices by certified, registered, priority, overnight or delivery confirmation mail, facsimile, or hand delivery.
34. “Substantiated Report” means an oral, written, or electronic report:
    1. That is submitted to and documented by the City;
    2. By any of the following:
       1. A Competent Individual who is willing to provide law enforcement or other City employees with publicly available identification of their name, address, and any other reliable means of contact;
       2. City law enforcement or Licensing Officer; or
       3. Any other regularly established law enforcement agency at any level of government;
    3. That provides any of the following information regarding a Registered Solicitor:
       1. Documented verification of a previously undisclosed Disqualifying Status of a Registered Solicitor;
       2. Probable cause that the Registered Solicitor has committed a Disqualifying Status which has not yet been determined to be a Disqualifying Status;
       3. Documented, eye-witness accounts that the Registered Solicitor has engaged in repeated patterns of behavior that demonstrates failure by the Registered Solicitor to adhere to the requirements of this Chapter; or
       4. Probable cause that continued licensing of the Registered Solicitor creates exigent circumstances that threaten the health, safety, or welfare of any individuals or entities within the City.
35. “Waiver” means the written form provided to Applicant by the City wherein Applicant agrees that the City may obtain a name/date of birth BCI background check on the Applicant for licensing purposes under this Chapter, and which contains Applicant’s notarized signature.

The following are exempt from Registration under this Chapter.

1. Persons specifically invited to a Residence by a Competent Individual prior to the time of the person’ arrival at the Residence.
2. Persons whose license, permit, certificate or registration with the State of Utah permits them to engage in Door to Door Solicitation to offer Goods or Services to an occupant of the Residence;
3. Persons delivering Goods to a Residence pursuant to a previously made order, or persons providing Services at a Residence pursuant to a previously made request by a Competent Individual;
4. Persons advocating or disseminating information for, against, or in conjunction with, any Religious Belief, or Political Position regardless of whether Goods, Services, or any other consideration is offered or given, with or without any form of commitment, contribution, donation, pledge, or purchase; and
5. Persons representing a Charitable Organization. The charitable exemption shall apply to students Soliciting contributions to finance extracurricular social, athletic, artistic, scientific or cultural programs, provided that the Solicitation has been approved in writing by the school administration, and that such student Solicitors carry current picture student identification from the educational institution for which they are Soliciting.

Those persons exempt from Registration are not exempt from the duties and prohibitions outlined in Sections 8-717, 8-718 and 8-719.

Unless otherwise authorized, permitted, or exempted pursuant to the terms and provisions of this Chapter, the practice of being in and upon a private Residence within the City by Solicitors, for the purpose of Home Solicitation Sales or to provide Goods or Services, is prohibited and is punishable as set forth in this Chapter.

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

The Licensing Officer shall provide a standard Application Form for use for the Registration of Solicitors. Upon request to the Licensing Officer, or as otherwise provided, any person or Entity may obtain in person, by mail, or facsimile, a copy of this Application Form. Each Application Form shall require disclosure and reporting by the Applicant of the following information, documentation, and fee:

1. Review of Written Disclosures. An affirmation that the Applicant has received and reviewed the disclosure information required by this Chapter.
2. Contact Information.
   1. Applicant’s true, correct and legal name, including any former names or aliases used during the last ten (10) years;
   2. Applicant’s telephone number, home address and mailing address, if different;
   3. If different from the Applicant, the name, address, and telephone number of the Responsible Person or Entity; and
   4. The address by which all notices to the Applicant required under this Chapter are to be sent
3. Proof of Identity. An in-person verification by the Licensing Officer of the Applicant’s true identity by use of any of the following which bear a photograph of said Applicant:
   1. A valid drivers license issued by any State;
   2. A valid passport issued by the United States;
   3. A valid identification card issued by any State;
   4. A valid identification issued by a branch of the United States military. Upon verification of identity, the original identification submitted to establish Proof of Identity shall be returned to the Applicant.
4. Proof of Registration with Department of Commerce. The Applicant shall provide proof that either the Applicant, or the Responsible Person or Entity, has registered with the Utah State Department of Commerce.
5. Special Events Sales Tax Number. The Applicant shall provide a special events sales tax number for either the Applicant, or for the Responsible Person or Entity for which the Applicant will be soliciting;
6. Marketing Information.
   1. The Goods or Services offered by the Applicant, including any commonly known, registered or trademarked names;
   2. Whether the Applicant holds any other licenses, permits, registrations, or other qualifications required by federal or state law to promote, provide, or render advice regarding the offered Goods or Services.
7. BCI Background Check. The Applicant shall provide:
   1. An original or a copy of a BCI background check as defined in 8-703; and
   2. A signed copy of a Waiver whereby Applicant agrees to allow the City to obtain a name/date of birth BCI background check on Applicant for purposes of enforcement of this Chapter.
8. Responses to Questions Regarding “Disqualifying Status.” The Applicant shall be required to affirm or deny each of the following statements on the Application Form:
   1. Has the Applicant been Criminally Convicted of: (i) felony homicide, (ii) physically abusing, sexually abusing, or exploiting a minor, (iii) the sale or Distribution of controlled substances, or (iv) sexual assault of any kind.
   2. Are any criminal charges currently pending against the Applicant for: (i) felony homicide, (ii) physically abusing, sexually abusing, or exploiting a minor, (iii) the sale or distribution of controlled substances, or (iv) sexual assault of any kind.
   3. Has the Applicant been Criminally Convicted of a felony within the last ten (10) years;
   4. Has the Applicant been incarcerated in a federal or state prison within the past Five (5) years;
   5. Has the Applicant been Criminally Convicted of a misdemeanor within the past five (5) years involving a crime of: (i) moral turpitude, or (ii) violent or aggravated conduct involving persons or property.
   6. Has a Final Civil Judgment been entered against the Applicant within the last five (5) years indicating that: (i) the Applicant had either engaged in fraud, or intentional misrepresentation, or (ii) that a debt of the Applicant was non-dischargeable in bankruptcy pursuant to 11 U.S.C. § 523(a)(2), (a)(4), (a)(6), or (a)(19);
   7. Is the Applicant currently on parole or probation to any court, penal institution, or governmental entity, including being under house arrest or subject to a tracking device;
   8. Does the Applicant have an outstanding arrest warrant from any jurisdiction; or
   9. Is the Applicant currently subject to a protective order based on physical or sexual abuse issued by a court of competent jurisdiction.
9. Fee. The Applicant shall pay such fees as determined applicable by the City, which shall not exceed the reasonable cost of processing the application and issuing the Certificate and/or Identification Badge.
10. Execution of Application. The Applicant shall execute the Application Form, stating upon oath or affirmation, under penalty of perjury, that based on the present knowledge and belief of the Applicant, the information provided is complete, truthful and accurate.

The Application Form shall be accompanied by written disclosures notifying the Applicant of the following:

1. The Applicant’s submission of the Application authorizes the City to verify information submitted with the Completed Application including:
   1. the Applicant’s address;
   2. the Applicant’s and/or Responsible Person or Entity’s state tax identification and special use tax numbers, if any;
   3. the validity of the Applicant’s Proof of Identity;
2. The City may consult any publicly available sources for information on the Applicant, including but not limited, to databases for any outstanding warrants, protective orders, or civil judgments;
3. Establishing Proof of Identity is required before Registration is allowed;
4. Identification of the fee amount that must be submitted by Applicant with a Completed Application;
5. The Applicant must submit a BCI background check with a Completed Application;
6. To the extent permitted by State and/or federal law, the Applicant’s BCI background check shall remain a confidential, protected, private record not available for public inspection;
7. The City will maintain copies of the Applicant’s Application Form, Proof of Identity, and Identification Badge. These copies will become public records available for inspection on demand at the City offices whether or not a Certificate is denied, granted, or renewed.
8. The criteria for Disqualifying Status, denial, or suspension of a Certificate under the provisions of this Chapter.
9. That a request for a temporary Certificate will be granted or denied within eight (8) hours during regular city office hours that a Completed Application is submitted.

The Licensing Officer shall not begin the Registration process unless the Applicant has submitted a Completed Application, and paid the appropriate fee as set by resolution. The original identification submitted to establish Proof of Identity shall be returned after the Licensing Officer verifies the Applicant’s identity. A copy of the identification may be retained by the Licensing Officer. If an original B.C.I. background check is submitted by the Applicant, the Licensing Officer shall make a copy of the B.C.I. and return the original to the Applicant.

The Licensing Officer shall review the Completed Application submitted by the Applicant and issue a Certificate in accordance with the following:

1. Temporary Certificate.
   1. A temporary Certificate shall issue allowing the Applicant to immediately Begin Door-to-Door Solicitation upon the following conditions:
      1. Applicant’s submission of a Completed Application;
      2. Applicant’s submission of the required fee;
      3. Applicant establishes Proof of Identity;
      4. the Applicant’s representations on the Application Form do not affirmatively show a Disqualifying Status;
      5. the B.C.I. does not affirmatively show a Disqualifying Status; and
      6. the Applicant has not previously been denied a Certificate by the City, or had a Certificate revoked for grounds that still constitute a Disqualifying Status under this Chapter.
   2. A temporary Certificate will automatically expire after twenty-five (25) calendar days from issuance, or upon grant or denial of an annual Certificate, whichever period is shorter.
2. Annual Certificate. Within twenty-five (25) calendar days of the issuance of a temporary Certificate the City shall:
   1. Take any and all actions it deems appropriate to verify the truthfulness and completeness of the information submitted by the Applicant, including, but not limited to those disclosed with the Application Form.
   2. Issue written notice to the Applicant and the Responsible Person or Entity, if any, that the Applicant either:
      1. will be issued an annual Certificate, eligible for renewal one year from the date of issuance of the temporary Certificate; or
      2. will not be issued an Annual Certificate for reasons cited in Section 8-714 of this Chapter.
3. Renewal Certificate. An annual Certificate shall be valid for one year from the date of issuance of the temporary Certificate and shall expire at midnight on the anniversary date of issuance. Any annual Certificate that is not suspended, revoked, or expired may be renewed upon the request of the Registered Solicitor and the submission of a new Completed Application and payment of the Fee, unless any of the conditions for the denial, suspension or revocation of a Certificate are present as set forth in Section 8-714, or a Disqualifying Status is present.

1. Certificate Form. Should the Licensing Officer determine that the Applicant is entitled to a Certificate, the Licensing Officer shall issue a Certificate to the Applicant. The Certificate shall list the name of the Registered Solicitor and the Responsible Person or Entity, if any, and the date on which the Certificate expires. The Certificate shall be dated and signed by the License Officer. The Certificate shall be carried by the Registered Solicitor at all times while Soliciting in the City.
2. Identification Badge. With both the temporary and annual Certificates, the City shall issue each Registered Solicitor an Identification Badge that shall be worn prominently on his or her person while Soliciting in the City. The Identification Badge shall bear the name of the City and shall contain: (a) the name of the Registered Solicitor; (b) address and phone number of the Registered Solicitor, or the name, address, and phone number of the Responsible Person or Entity is provided; a recent photograph of the Registered Solicitor; and (d) the date on which the Certificate expires.

The Licensing Officer shall maintain and make available for public inspection a copy or record of every Completed Application received and the Certificate or written denial issued by the City. The Applicant’s BCI background check shall remain a confidential, protected, private record not available for public inspection. The Licensing Officer may furnish to the head of the City’s law enforcement agency a listing of all Applicants, those denied, and those issued a Certificate.

Certificates shall be issued only in the name of the Applicant and shall list the Responsible Party or Entity, if any. The Certificate shall be non-transferable. A Registered Solicitor desiring to facilitate or attempt to facilitate Home Solicitation Sales with different: (a) Goods or Services; or (b) Responsible Person or Entity, from those designated in the originally submitted Completed Application, shall submit a written change request to Licensing Officer. A new Certificate based on the amended information shall issue for the balance of time remaining on the Solicitor’s previous Certificate before the amendment was filed. Before the new Certificate is given to the Registered Solicitor, the Registered Solicitor shall obtain a revised Identification Badge from the City, after payment of the Fee for the Identification Badge.

1. Denial. Upon review, the Licensing Officer shall refuse to issue a Certificate to an Applicant for any of the following reasons:
   1. Denial of Temporary Certificate.
      1. the application form is not complete;
      2. the Applicant fails to (1) establish Proof of Identity, (2) provide a B.C.I. or (3) pay the Fees;
      3. the Completed Application or B.C.I. indicates that the Applicant has a Disqualifying Status; or
      4. The Applicant has previously been denied a Certificate by the City, or has had a Certificate revoked for grounds that still constitute a Disqualifying Status under this chapter.
   2. Denial of Annual Certificate.
      1. The information submitted by the Applicant at the time of the granting of the temporary Certificate is found to be incomplete or incorrect;
      2. Since the submission of the Completed Application, the Applicant is subject to a previously undisclosed or unknown Disqualifying Status;
      3. Failure to complete payment of the Fees;
      4. Since the submission of the Application, the City has received a Substantiated Report regarding the past or present conduct of the Applicant;
      5. Since the submission of the Application, the City or other governmental entity has either Criminally Convicted or obtained a civil injunction against the Applicant for violating this Chapter or similar Federal, State, or municipal laws in a manner rising to the level of a Disqualifying Status; or
      6. Since the submission of the Application, a Final Civil Judgment has been entered against the Applicant indicating that: (i) the Applicant had either engaged in fraud, or intentional misrepresentation, or (ii) that a debt of the applicant was non-dischargeable in bankruptcy pursuant to 11 U.S.C. § 523(a)(2), (a)(4), (a)(6), or (a)(19).
   3. Denial of Annual Certificate Renewal.
      1. The information submitted by the Applicant when seeking renewal of a Certificate is found to be incomplete or incorrect;
      2. Since the submission of the renewal Application, the Applicant is subject to a previously undisclosed or unknown Disqualifying Status;
      3. Failure to complete payment of the Fees;
      4. Since the submission of the Application or granting of a Certificate, the City has received a Substantiated Report regarding the past or present conduct of the Solicitor;
      5. The City or other governmental entity has either Criminally Convicted or obtained a civil injunction against the Applicant for violating this Chapter or similar Federal, State, or municipal laws in a manner rising to the level of a Disqualifying Status; or
      6. Since the submission of the Application, a Final Judgment has been entered against the Applicant indicating that: (i) the Applicant had either engaged in fraud, or intentional misrepresentation, or (ii) that a debt of the applicant was non-dischargeable in bankruptcy pursuant to 11 U.S.C. § 523(a)(2), (a)(4), (a)(6), or (a)(19).
2. Suspension or Revocation. The City shall either suspend or revoke a Certificate when any of the reasons warranting the denial of a Certificate occurs.
3. Notice of Denial or Suspension. Upon determination of the Licensing Office to deny an Applicant’s Completed Application or to suspend a Registered Solicitor’s Certificate, the City shall cause written notice to be sent to the Applicant or Registered Solicitor by the method indicated in the Completed Application. The Notice shall specify the grounds for the denial or suspension, the documentation or information the City relied on to make the decision, the availability of the documentation for review by Applicant upon one (1) business day notice to the City, and the date upon which the denial or suspension of the Certificate shall take effect. It shall further state that the Applicant or Registered Solicitor shall have ten (10) business days from the receipt of the notice of denial or suspension to appeal the same. The denial or suspension of the Certificate shall be effective no sooner than two (2) calendar days from the date the notice is sent, unless that suspension is because of exigent circumstances outlined in Section 8-703 hh.3.d, in which case, the suspension is effective immediately. The denial or suspension shall remain effective unless and until the order is rescinded, overturned on appeal, or determined by a court to be contrary to equity or law. Failure to appeal the suspension of a Certificate automatically results in its revocation.

An applicant or Registered Solicitor whose Certificate has been denied or suspended shall have the right to appeal to the Mayor or the Mayor's designee. Any appeal must be submitted by either the Applicant, the Responsible Person or Entity, or legal counsel for either who: (a) documents the relationship with the Applicant or Responsible Person or Entity; or (b) is licensed or authorized by the State of Utah to do so, and makes the assertion of an agency relationship. The following procedures and requirements shall apply:

1. Any appeal must be Submitted in Writing to the City Recorder with a copy to the License Officer within ten (10) business days of the decision from which the appeal is taken. Such appeal shall describe in detail the nature of the appeal, the action complained of and the grounds for appeal.
2. Upon request of the Applicant or Registered Solicitor, within one business day, the City will make available any information upon which it relied in making the determination to either deny or suspend the Certificate.
3. The Appeals Officer shall review, de novo, all written information submitted by the Applicant or Registered Solicitor to the Licensing Officer, any additional information relied upon by the Licensing Officer as the basis for denial, suspension or revocation, and any additional information supplied by the City, Applicant or Registered Solicitor. Any additional information submitted by any party to the Appeals Officer shall be simultaneously submitted to the opposing party. If desired, any party shall have three (3) business days to submit rebuttal documentation to the Appeals Officer regarding the additional information submitted by the opposing party.
4. The Appeals Officer will render a decision no later than fifteen (15) calendar days from the date the appeal was taken, unless an extension of time is agreed upon by the parties. In the event that any party to the appeal submits rebuttal information as allowed in Section 8-715.C, the fifteen (15) calendar days shall be extended to include the additional three (3) days for rebuttal.
   1. The denial or suspension of the Certificate shall be reversed by the Appeals Officer if upon review of the written appeal and information submitted, the Appeals Officer finds that the Licensing Officer made a material mistake of law or fact in denying or suspending the Applicant or Registered Solicitor=s Certificate.
   2. If the written appeal and information submitted indicates that the Licensing Officer properly denied or suspended the certificate of the Applicant or Registered Solicitor, the denial or suspension of the Certificate shall be affirmed and constitute a determination that the suspended Certificate is revoked.
   3. The decision of the Appeals Officer shall be delivered to the Applicant or Registered Solicitor by the means designated in the completed Application, or as otherwise agreed upon when the Appeal was filed.
5. After the ruling of the Appeals Officer, the Applicant or Solicitor is deemed to have exhausted all administrative remedies with the City.

1. No Solicitor shall intentionally make any materially false or fraudulent statement in the course of Soliciting.
2. A Solicitor shall immediately disclose to the consumer during face-to-face Solicitation; (i) the name of the Solicitor; (ii) the name and address of the entity with whom the Solicitor is associated; and (iii) the purpose of the Solicitor’s contact with the person and/or Competent Individual. This requirement may be satisfied through the use of the Badge and informational flyer.
3. No Solicitor shall use a fictitious name, an alias, or any name other than his or her true and correct name.
4. No Solicitor shall represent directly or by implication that the granting of a Certificate of Registration implies any endorsement by the City of the Solicitor’s Goods or Services or of the Individual Solicitor.

1. Any occupant of a Residence may give notice of a desire to refuse Solicitors by displaying a “No Solicitation” sign which shall be posted on or near the main entrance door or on or near the property line adjacent to the sidewalk leading to the Residence.
2. The display of such sign or placard shall be deemed to constitute notice to any Solicitor that the inhabitant of the Residence does not desire to receive and/or does not invite Solicitors.
3. It shall be the responsibility of the Solicitor to check each Residence for the presence of any such Notice.
4. The provisions of this Section shall apply also to Solicitors who are exempt from Registration pursuant to the provisions of this Chapter.

1. Every person Soliciting or Advocating shall check each Residence for any “No Soliciting” sign or placard or any other notice or sign notifying a solicitor not to solicit on the premises, such as, but not limited to, “No Solicitation” signs. If such sign or placard is posted such Solicitor shall desist from any efforts to solicit at the Residence or dwelling and shall immediately depart from such property. Possession of a Certificate of Registration does not in any way relieve any solicitor of this duty.
2. It is a violation of this Chapter for any person Soliciting or Advocating to knock on the door, ring the doorbell, or in any other manner attempt to attract the attention of an occupant of a Residence that bears a “No Solicitation” sign or similar sign or placard for the purpose of engaging in or attempting to engage in Advocating, a Home Solicitation Sale, Door-to-Door Soliciting, or Soliciting.
3. It is a violation of this Chapter for any Solicitor through ruse, deception, or fraudulent concealment of a purpose to Solicit, to take action calculated to secure an audience with an occupant at a Residence.
4. Any Solicitor who is at any time asked by an occupant of a Residence or dwelling to leave shall immediately and peacefully depart.
5. The Solicitor shall not intentionally or recklessly make any physical contact with, or touch another person without the person’s consent.
6. The Solicitor shall not follow a person into a Residence without their explicit consent.
7. The Solicitor shall not continue repeated Soliciting after a person and/or Competent Individual has communicated clearly and unequivocally their lack of interest in the subject, Goods or Services of the Solicitor.
8. The Solicitor shall not use obscene language or gestures.

It shall be unlawful for any person, whether licensed or not, to Solicit at a Residence before 9:00 a.m. or after 7:00 p.m. Mountain Time, Monday through Saturday, unless the Solicitor has express prior permission from the resident to do so.

In any Home Solicitation Sale, unless the buyer requests the Solicitor to provide Goods or Services without delay in an emergency, the seller or Solicitor shall present to the buyer and obtain buyer’s signature to a written statement which informs the buyer of the right to cancel within the third business day after signing an agreement to purchase. Such notice of “Buyer’s right to cancel” shall be in the form required by § 70C-5-103, Utah Code Annotated, 1953, or a current version thereof or any State or Federal law modifying or amending such provision.

Any person who violates any term or provision of this Chapter shall be guilty of a Class B Misdemeanor and shall be punished by a fine not to exceed $1,000.00 and/or a jail sentence of not to exceed six (6) months.