As used in this title:

   BUSINESS: Means and includes all kinds of vocations, occupations, professions, enterprises, establishments and all other kinds of activities and matters, whether full time or part time, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted for private profit or benefit, either directly or indirectly, on any premises within this city or anywhere within its jurisdiction.

   EACH SEPARATE PLACE OF BUSINESS: Each separate establishment or place of operation, whether or not operating under the same name, within the city, including a home or other place of lodging if the same is held out by advertisements, listings or otherwise as the establishment or place of operation of a person engaging in the business of selling tangible, personal property at either retail or wholesale, or both, in the city.

   EMPLOYEE: The operator, 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.

   ENGAGING IN BUSINESS: Means and includes, but is not limited to, the sale of tangible personal property at retail or wholesale, the manufacturing of goods or property and the rendering of personal services for others for a consideration by persons engaged in any profession, trade, craft, business, occupation or other calling, except the rendering of personal services by an employee to his or her employer under any contract of personal employment.

   PLACE OF BUSINESS: Each separate location maintained or operated by the licensee within this city from which business activity is conducted or transacted.

   WHOLESALE: A sale of tangible personal property by wholesalers to retail merchants, jobbers, dealers or other wholesalers for resale, and does not include a sale by wholesalers or retailers to users or consumers not for resale, except as otherwise specified.

   WHOLESALER: A person doing a regularly organized wholesale jobbing business and selling to retail merchants, jobbers, dealers or other wholesalers, for the purpose of resale. (Ord. 99-25 § 1: prior code § 9-111)

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 city. (Prior code § 9-112)

The recorder is designated and appointed as ex officio assessor of license fees for this city. On receipt of any application of a license, the recorder shall assess the amount due thereon and shall collect all license fees based upon the rate established by ordinance. He or she shall enforce all provisions of this title, and shall cause to be filed complaints against all persons violating any of the provisions of this title. (Prior code § 9-113)

All license fees shall be due and payable as follows, except as may be otherwise provided in the applicable ordinance:

   A.   Annual fees shall be payable before each calendar year in advance. The annual license shall date from January 1 of each year and shall expire on December 31 of each year.

   B.   Annual fees shall be due on the first day of each calendar year and shall become delinquent if not paid by February 1 each year.

   C.   One-half (1/2) of annual fee shall be payable for all licenses issued by the city pursuant to applications made after July 1 of each year and licenses issued after July 1 shall expire on the following January 1. Payment shall be due upon the date of application approval. (Prior code § 9-114)

If any license fee is not paid within thirty (30) days of the due date, a penalty of fifty percent (50%) of the amount of such license fee shall be added to the original amount thereof. No license shall be issued until all penalties legally assessed have been paid in full. (Ord. 2005-02 § 2: prior code § 9-115)

   A.   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.

   B.   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. (Prior code § 9-116)

All certificates of license shall be signed by the mayor, attested by the recorder, and shall contain the following information:

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

   B.   The amount paid;

   C.   The type of license and the class of such license if licenses are divided into classes;

   D.   The term of the license with the commencing date and the date of its expiration;

   E.   The place where such business, calling, trade or profession is to be conducted. (Prior code § 9-117)

   A.   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 or her 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.

   B.   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. (Prior code § 9-118)

No license granted or issued under any ordinance of this city shall be assigned or transferred to any other person. It shall not be deemed to authorize any person other than therein named to do business or to authorize any other business, calling, trade or profession than is herein named unless by permission of the city council. (Prior code § 9-119)

   A.   Any license issued pursuant to the provisions of this code or of any ordinance of this city may be revoked and any application denied by the city council because of:

      1.   The failure of the licensee or applicant to comply with conditions and requirements of this code or any ordinance of the city;

      2.   Unlawful activities conducted or permitted on the premises where the business is conducted.

   B.   Prior to the revocation of a license or denial of an application to renew business license, the licensee or applicant shall be given a notice which shall state in substance that the city council intends to revoke the business license or deny the application to renew, together with the reason or reasons therefor, at a regular or special meeting of the city council (which shall be at least 10 days and not more than 30 days from the date notice is sent) and that the licensee or applicant has a right to appear, to be represented by counsel, to hear the evidence against him or her, to cross examine witnesses and to present evidence as to why the license should not be revoked or the application denied.

   C.   The preceding subsection shall not apply to applications for licenses for businesses which have not previously been licensed by the city, and such applicants need only be informed that their application has been denied. (Prior code § 9-120)

A separate license must be obtained for each separate place of business in the city and each license shall authorize the licensee to engage only in the business licensed thereby at the location or in the manner designated in such license, provided, that warehouses and distributing places used in connection with or incident to a business licensed under this part shall not be deemed to be separate places of business or branch establishments. (Prior code § 9-121)

A person engaged in two (2) or more businesses at the same location may be required to obtain separate licenses for conducting each of such businesses, except that in the discretion of the city when such businesses are complementary a single license may be issued which shall specify on its face all such businesses operated at that location. A fee for each separate business activity specified on the face of such license shall be required. However, such joint license shall not include licenses for beer, liquor setups, or amusement devices. (Ord. 99-25 § 1: prior code § 9-122)

   A.   No license shall be required for operation of any vehicle or equipment in this city when:

      1.   Such vehicle is merely passing through the city;

      2.   Such vehicle is used exclusively in intercity or interstate commerce.

   B.   No license shall be required by this title of any person whose only business activity in this city is the mere delivery in the city of property sold by him or her at a regular place of business maintained by him or her outside the city where:

      1.   Such person's business is at the time of such delivery licensed by the Utah municipality or county in which such place of business is situated; and

      2.   The authority licensing such business grants to licensees of this city making deliveries within its jurisdiction the same privileges, upon substantially the same terms, as are granted by this section; and

      3.   Neither the property delivered nor any of the facilities by which it was manufactured, produced or processed are subject to inspection by authority of this city for compliance with health or sanitary standards prescribed by this city; and

      4.   The truck or other conveyance by which such delivery is made prominently displays at all times a license plate or symbol used 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.

   C.   The recorder 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. (Prior code § 9-123)

   A.   No license fee shall be imposed under section 5.04.160 of this chapter on any person engaged in business for solely religious, charitable, eleemosynary or any other types of strictly nonprofit 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; nor shall any license fee be imposed upon any person not maintaining a place of business within this city who has paid a like or similar license tax or fee to some other taxing unit within the state of Utah and which taxing unity exempts from its license tax or fee, by reciprocal agreement or otherwise, businesses domiciled in this city and doing business in such taxing unit.

   B.   The license assessor and collector may, with approval of the city council, enter into reciprocal agreements with the proper officials of other taxing units, as may be deemed equitable and proper in effecting the exemption provided for in subsection A of this section. (Prior code § 9-124)

None of the license taxes provided for by section 5.04.160 of this chapter shall be applied as to occasion an undue burden on interstate commerce. 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 or she 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. Such application may be made before, at or within six (6) months after payment of the prescribed license tax. The applicant shall, by affidavit and supporting testimony show his or her method of business and the gross volume or estimated gross volume of business and such other information as the license assessor and collector may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The license assessor and collector shall then conduct an investigation, comparing applicant's business with other businesses of like nature and shall make findings of facts from which he or she shall determine whether the tax fixed by section 5.04.160 of this chapter is discriminatory, unreasonable or unfair as to applicant's business and shall recommend to the city council a license tax for the applicant in an amount that is nondiscriminatory, reasonable and fair, and if the city council is satisfied that such license tax is the amount that the applicant should pay, it shall fix the license tax in such amount. If the regular license tax has already been paid, the city council shall order a refund of the amount over and above the tax fixed by the city council. In fixing the fee to be charged, the license assessor and collector shall have the power to base the fee upon a percentage of gross sales, or employees, or may use any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature. (Prior code § 9-125)

   A.   1. Commercial (at an established commercial business location): fee as established by council from time to time.

      2.   Home occupations (conducted entirely from residence): fee as established by council from time to time.

   B.   Violation of the ordinance codified herein shall be a class B misdemeanor, punishable as set forth in this code. (Ord. 2000-12 §§ 1, 3: Ord. 95-104 § 1: prior code § 9-211)

   A.   License And Operational Requirements:

      1.   License Required: It is unlawful for any person to keep, conduct, operate or maintain a "short term residential rental property" as defined in section 17.20.260 of this code within the city without a business license for such dwelling unit. A person who owns multiple short-term residential rental properties is not required to obtain more than one business license for the operation and maintenance of those short-term residential rental properties.

      2.   License Not Transferable: A short term residential rental property business license is not transferable between persons or structures. Any person holding such license shall give written notice within thirty (30) days to the business license official after having transferred or otherwise disposed of legal or equitable control of any rental dwelling unit licensed under this section. Such notice of transferred interest shall be deemed a request to cancel an existing business license for such rental dwelling unit and shall include the name, address, and information regarding the person(s) succeeding to the ownership or control thereof.

      3.   Transient Room Tax: All short-term residential rental properties shall be subject to the collection of the municipality transient room tax as allowed under Utah Code.

      4.   Garbage Removal: Garbage shall be removed from the property by the owner or property manager and properly disposed of within twenty-four (24) hours of tenants leaving the property.

      5.   Cleaning Service: Each property shall be cleaned at least weekly while occupied and in between tenant occupancy. Each property shall also comply with the sanitary facilities requirements outlined for motels in this code.

      6.   Local Property Manager Required: All short-term residential rental properties shall designate a local property manager. The local property manager shall be available twenty-four (24) hours per day to respond to tenant and neighborhood questions or concerns. Each short-term residential rental property shall have a clearly visible sign within the unit containing the following information: the name and phone number of the local property manager, and the maximum occupancy of the unit, and the day of garbage pick-up.

      7.   Owner And Property Manager Responsible: The owner and property manager shall be jointly and severally liable for any violations of this section. Any rental dwelling unit which is found in violation of this section, or any other requirement of this code may be subject to revocation of the short-term residential rental properties business license.

   B.   City Inspections: The city may require an inspection of the rental dwelling unit as a condition of obtaining or renewing a business license if determined necessary by city staff. (Ord. 2023-07)

   A.   License Required:

      1.   It is unlawful for any person to keep, conduct, operate or maintain a rental dwelling unit within the city without a business license for such dwelling. A person who owns multiple rental dwelling units or multiple buildings containing rental dwelling units is not required to obtain more than one business license for the operation and maintenance of those rental dwelling units.

      2.   A rental dwelling unit business license is not transferable between persons or structures. Any person holding such license shall give written notice within thirty (30) days to the business license official after having transferred or otherwise disposed of legal or equitable control of any rental dwelling unit licensed under this chapter. Such notice of transferred interest shall be deemed a request to cancel an existing business license for such rental dwelling unit and shall include the name, address, and information regarding the person(s) succeeding to the ownership or control thereof. The new owner shall obtain a business license as required by this chapter.

      3.   A business license shall not be required for a dwelling unit which is ordinarily owner occupied but is temporarily rented because:

         a.   The owner is placed in a hospital, nursing home, assisted living facility or other similar facility; or

         b.   The owner has a bona fide, temporary absence of three (3) years or less for activities such as temporary job assignments, sabbaticals, or voluntary service. Indefinite periods of absence from the dwelling shall not qualify for this exception; or

         c.   The owner is on extended military deployment.

   B.   City Inspections: The city may require an inspection of the rental dwelling unit as a condition of obtaining or renewing a business license if determined necessary by city staff. (Ord. 2023-07)

   A.   Any commercial business within one hundred feet (100') of residential property is required to meet the following:

      1.   The business may be open no earlier than 5:30 A.M. and no later than 12:00 A.M. (midnight) Sunday through Thursday.

      2.   The business may be open no earlier than 5:30 A.M. and no later than 1:00 A.M. on Friday and Saturday.

      3.   The use of a drive-up or drive-thru pickup window service must meet the requirements of Chapter 9.12.021, Excessive Noise Prohibited, of city code. (Ord. 2024-05)

   A.   Any food truck/trailer is required to meet the following:

      1.   A food truck/trailer is required to get a business license as well as an annual health department inspection. Verification of a business license and annual health department inspection from other Utah jurisdictions is required during the business license process. A food truck/trailer must meet the requirements of Chapter 9.12.021, Excessive Noise Prohibited, of city code. (Ord. 2024-05)

   CHARITABLE ORGANIZATION: A. Any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity that is or holds itself out to be:

      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

   B.   Who solicits or obtains contributions solicited from the public for a charitable purpose; or in any manner employs a charitable appeal as the basis of any solicitation or employs an appeal that reasonably suggests or implies that there is a charitable purpose to any solicitation.

   C.   Charitable organization includes a "chapter", "branch", "area", "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 state 1 .

   TEMPORARY USE PERMIT: A temporary use permit issued to any transient merchant, itinerant merchant or itinerant vendor for no more than thirty (30) days.

   TRANSIENT MERCHANT, ITINERANT MERCHANT OR ITINERANT VENDOR: Any person, firm or corporation, whether as owner, agent, cosignee or employee, whether or not a resident of the municipality, who engages in a temporary business of selling and delivering goods, wares and merchandise within the municipality, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, semitrailer, public room in any hotel, motel, lodging house, apartment, shop or any street, alley or other place within the municipality, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer. (Ord. 2008-22)

It shall be unlawful for a transient merchant, itinerant merchant or itinerant vendor to engage in such business without first obtaining a temporary use permit therefor, in compliance with the provisions of this chapter. (Ord. 2008-22)

   A.   Contents: Applicants for the temporary use permit under this chapter shall file a sworn application in writing signed by the applicant if an individual, by all partners if a partnership, and by the president if a corporation, or by an agent, including a state or regional agent, with the city recorder, which shall give the following information:

      1.   The name of the applicant, and if the applicant is an employee or agent of a corporation, the name of the corporation.

      2.   The address of the applicant, and if the applicant is an agent or employee of a corporation, the address of the corporation.

      3.   A brief description of the nature of the business and the goods to be sold and from whom or where the applicant obtains the goods to be sold.

      4.   If the applicant is employed by, or an agent of, another person, the name and permanent address of such other person(s).

      5.   The length of time for which the applicant desires to engage in business within the city.

      6.   The places within the city where the applicant proposes to carry on his or her business.

      7.   A list of the other municipalities in which the applicant has engaged in business within the six (6) month period preceding the date of the application.

      8.   A photograph of the applicant, taken within six (6) months immediately prior to the date of filing the application, which photograph shall be two inches by two inches (2" x 2"), showing the head and shoulders of the applicant in a clear and distinguishing manner.

      9.   A statement as to whether or not the applicant, or any of his employers, have been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.

      10.   A letter of consent from the property owner where applicant intends to do business.

      11.   If the applicant desires to sell fresh vegetables, fruits, meats or other foodstuffs, documents showing proof of registration with the Utah department of food and agriculture, and a food handler permit where applicable.

      12.   If the applicant is employed by another person, documents showing that the person for which the applicant proposes to do business is authorized to do business within the state.

   B.   Fee: At the time of filing the application, a fee of twenty five dollars ($25.00), which shall be deposited with the city recorder, is required. The application fee is nonrefundable. The application fee reflects the cost of investigation and issuance of the permit.

   C.   Filing Deadline: The date of application must be at least fourteen (14) calendar days prior to the first day of use of the temporary use permit. (Ord. 2008-22)

   A.   Established: Any person or entity who receives a permit as a transient merchant, itinerant merchant or itinerant vendor shall be required to pay twenty five dollars ($25.00) for a permit valid for thirty (30) consecutive days. This amount reflects the cost of regulation and control of business activity.

   B.   Interstate Commerce: None of the permit fee provided for by this section shall be applied as to occasion an undue burden on interstate commerce. In any case, where a permit fee is believed by a permittee or applicant for permit to place an undue burden upon such commerce, he or she may apply to the permit assessor and collector for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair as to such commerce. Such application may be made before, at or within six (6) months after payment of the prescribed permit fee. The applicant shall, by affidavit and supporting testimony show his or her method of business and the gross volume or estimated gross volume of business and such other information as the permit assessor and collector may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The permit 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 or she shall determine whether the fee fixed by this section is discriminatory, unreasonable or unfair as to applicant's business and shall recommend to the city council a permit fee for the applicant in an amount that is nondiscriminatory, reasonable and fair, and if the city council is satisfied that such permit fee is the amount that the applicant should pay, it shall fix the permit fee in such amount. If the regular permit fee has already been paid, the city council shall order a refund of the amount over and above the fee fixed by the city council. In fixing the fee to be charged, the permit 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. (Ord. 2008-22)

   A.   Investigation: On receiving the application, the city recorder shall refer it to the director of public safety who shall cause such investigation of the applicant's business and moral character to be made as he deems reasonable and necessary for the protection of the public good.

   B.   Unsatisfactory Result: If, as a result of the investigation, the applicant's character and prior business history, if any, is found to be unsatisfactory, the director of public safety shall endorse such upon the application, together with a statement of his reasons therefor, and return the application to the city recorder who shall notify the applicant that his application has been disapproved and that no permit will be issued.

   C.   Satisfactory Result; Issuance: If, as a result of such investigation, the character and prior business history, if any, of the applicant is found to be satisfactory, the director of public safety shall endorse such upon the application and return it to the city recorder who shall, upon payment of the prescribed permit fee, deliver to and issue the applicant his permit. The permit shall contain the signature of the issuing officer and shall show the name, address and photograph of the permittee and the kind of goods to be sold pursuant to the application, together with an expiration date. (Ord. 2008-22)

   A.   Badge: The city recorder shall issue to each permittee at the time of delivery of his permit a badge which shall contain the words "licensed transient merchant", "licensed itinerant merchant", or "licensed itinerant vendor", as the case may be, for which the application was made and the permit issued, and the number of the permit, in letters and figures easily discernible from a distance of five feet (5'). Such badge shall, during the time transient merchant, itinerant merchant or itinerant vendor are engaged in the business for which they are permitted, be worn constantly by them on the front of their outer garment in such a way as to be conspicuous. Badges shall be issued to that individual whose name appears on the temporary use permit, and shall include expiration date, name of company, and wearer's name.

   B.   Exhibit Permit Upon Request: Any person holding a permit pursuant to this chapter shall exhibit their permit at the request of any citizen of the municipality.

   C.   Duty To Enforce: It shall be the duty of any public safety officer of this municipality to require any person seen engaging in business as a transient merchant, itinerant merchant or itinerant vendor, and who is not known by such officer to be duly permitted, to produce his or her permit and to enforce the provisions of this chapter.

   D.   Expiration: All permits issued pursuant to this chapter shall expire on the date specified on the permit. (Ord. 2008-22)

   A.   Causes: Any permit issued pursuant to this chapter may be revoked or suspended by the director of public safety, city recorder or the city manager, after notice and hearing, for any of the following causes:

      1.   Fraud, misrepresentation or a false statement contained in the application for the permit.

      2.   Fraud, misrepresentation or a false statement made in the course of carrying on his business as transient merchant, itinerant merchant or itinerant vendor.

      3.   Any violation of this chapter or applicable state law.

      4.   Conviction of any infraction, misdemeanor or felony involving moral turpitude.

      5.   Conducting the business of merchant in such a manner so as to constitute an immediate and present danger to the public health, safety or general welfare. (Ord. 2008-22)

A permit holder shall not connect to utilities nor camp, sleep, or in any way reside on the property subject to the temporary use permit. (Ord. 2008-22)

Contemporaneously with the temporary use permit, the city recorder may issue a temporary sign permit so long as the sign complies with the following:

   A.   The sign dimensions shall not exceed six (6) square feet in area on the exposed sign face.

   B.   The sign location shall be located at least four feet (4') behind the property line.

   C.   The sign height shall not be more than six feet (6') above the existing ground level at the location of the sign.

   D.   There shall be only one sign at the business location. A menu or product pricing list is permitted to be on the table or counter from which goods are being sold. (Ord. 2008-22)

Any person aggrieved by the action of the director of public safety, the city recorder or the city manager in the denial of a permit issued pursuant to this chapter, or by the action of the city council of the municipality, shall have the right to appeal the action. Such appeal shall be taken by filing with the council within fourteen (14) days after action by the city official a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for the hearing on such appeal and written notice of such hearing shall be given to the applicant. (Ord. 2008-22)

This chapter shall not be construed so as to waive the provisions and requirements of any other ordinance of the city of Santa Clara, and the requirements and fees required herein shall be in addition to any other requirements and fees of any other ordinance of the city of Santa Clara. (Ord. 2008-22)

The provisions of this chapter shall not apply to any individual who is, at the time he is engaged in any activity which would otherwise require licensing by this chapter, engaged in an activity which is authorized by any charitable organization. (Ord. 2008-22)

A person found violating any provision of this chapter shall be guilty of a class B misdemeanor and upon conviction thereof, shall be subject to a penalty not to exceed one thousand dollars ($1,000.00). (Ord. 2008-22)

   A.   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.

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

      1.   Respecting citizens' 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 nonmisleading door to door solicitation regarding lawful goods or services in intrastate or interstate commerce.

   C.   The city finds that the procedures, rules and regulations set forth in this chapter are narrowly tailored to preserve and protect the city interests referred to herein while at the same time balancing the rights of those regulated. (Ord. 2006-22 § 1)

   A.   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.

   B.   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.

   C.   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.

   D.   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. (Ord. 2006-22 § 1)

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

   ADVOCATING: Speech or conduct intended to inform, promote, or support religious belief, political position, or charitable activities.

   APPEALS OFFICER: The city council or designee of the city 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.

   APPELLANT: The person or entity appealing the denial or suspension of a certificate, either personally as an applicant or registered solicitor, or on behalf of the applicant or registered solicitor.

   APPLICANT: An individual who is at least sixteen (16) years of age and not a corporation, partnership, limited liability company, or other lawful entity who applies for a certificate permitting door to door solicitation.

   APPLICATION FORM: A standardized form provided by the city to an applicant to be completed and submitted as part of registration.

   BCI: An original or copy, dated no older than one hundred eighty (180) days prior to the date of the application, of either: a) a Utah department of public safety bureau of criminal identification verified criminal history report personal to the applicant; or b) verification by the Utah department of public safety bureau of criminal identification that no criminal history rising to the level of a disqualifying status exists for the applicant.

   BUSINESS: A commercial enterprise licensed by the city as a person or entity under this title, having a fixed or temporary physical location within the city.

   CERTIFICATE: A temporary, annual, or renewal certificate permitting door to door solicitation in the city applied for or issued pursuant to the terms of this chapter.

   CHARITABLE ACTIVITIES: Advocating by persons or entities that either are, or support, a charitable organization.

   CHARITABLE ORGANIZATION: A. Any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity that is or holds itself out to be:

      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

   B.   Who solicits or obtains contributions solicited from the public for a charitable purpose; or in any manner employs a charitable appeal as the basis of any solicitation or employs an appeal that reasonably suggests or implies that there is a charitable purpose to any solicitation.

   C.   Charitable organization includes a "chapter", "branch", "area", "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 state 1 .

   COMPETENT INDIVIDUAL: A person claiming or appearing to be at least eighteen (18) years of age and of sufficiently sound mind and body to be able to engage in rational thought, conversation, and conduct.

   COMPLETED APPLICATION: A fully completed application form, a BCI, two (2) copies of the original identification relied on by the applicant to establish proof of identity, and the tendering of fees.

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

   DISQUALIFYING STATUS: Anything specifically defined in this chapter as requiring the denial or suspension of a certificate, and any of the following:

   A.   The applicant or registered solicitor has been criminally convicted of: 1) felony homicide, 2) physically abusing, sexually abusing, or exploiting a minor, 3) the sale or distribution of controlled substances, or 4) sexual assault of any kind;

   B.   Criminal charges currently pending against the applicant or registered solicitor for: 1) felony homicide, 2) physically abusing, sexually abusing, or exploiting a minor, 3) the sale or distribution of controlled substances, or 4) sexual assault of any kind;

   C.   The applicant or registered solicitor has been criminally convicted of a felony within the last ten (10) years;

   D.   The applicant or registered solicitor has been incarcerated in a federal or state prison within the past five (5) years;

   E.   The applicant or registered solicitor has been criminally convicted of a misdemeanor within the past five (5) years involving a crime of: 1) moral turpitude, or 2) violent or aggravated conduct involving persons or property;

   F.   A final civil judgment has been entered against the applicant or registered solicitor within the last five (5) years indicating that: 1) the applicant or registered solicitor had either engaged in fraud, or intentional misrepresentation, or 2) that a debt of the applicant or registered solicitor was nondischargeable in bankruptcy pursuant to 11 USC section 523(a)(2), (a)(4), (a)(6), or (a)(19);

   G.   The applicant or registered solicitor is currently on parole or probation to any court, penal institution, or governmental entity, including being under house arrest or subject to a tracking device;

   H.   The applicant or registered solicitor has an outstanding arrest warrant from any jurisdiction; or

   I.   The applicant or registered solicitor is currently subject to a protective order based on physical or sexual abuse issued by a court of competent jurisdiction.

   DOOR TO DOOR SOLICITATION: The practice of engaging in or attempting to engage in conversation with any person at a residence, whether or not that person is a competent individual, while making or seeking to make or facilitate a home solicitation sale, or attempting to further the sale of goods and/or services.

   ENTITY: Includes a corporation, partnership, limited liability company, or other lawful entity, organization, society or association.

   FEES: The cost charged to the applicant or registered solicitor for the issuance of a certificate and/or identification badge, which shall not exceed the reasonable costs of processing the application and issuing the certificate and/or identification badge.

   FINAL CIVIL JUDGMENT: A civil judgment that would be recognized under state law as a judgment to which collateral estoppel would apply.

   GOODS: One or more tangible items, wares, objects of merchandise, perishables of any kind, subscriptions, or manufactured products offered, provided, or sold.

   HOME SOLICITATION SALE: 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:

   A.   The means of payment or consideration used for the purchase;

   B.   The time of delivery of the goods or services; or

   C.   The previous or present classification of the solicitor as a solicitor, peddler, hawker, itinerant merchant, or similar designation.

   LICENSING OFFICER: The city employee(s) or agent(s) responsible for receiving from an applicant or registered solicitor the completed application and either granting, suspending, or denying the applicant's certificate.

NO SOLICITATION SIGN: A reasonably visible and legible sign that states "No Soliciting", "No Solicitors", "No Salespersons", "No Trespassing", or words of similar import.

   POLITICAL POSITION: Any actually held belief, or information for, against, or in conjunction with any political, social, environmental, or humanitarian belief or practice.

   REGISTERED SOLICITOR: Any person who has been issued a current certificate by the city.

   REGISTRATION: The process used by the city licensing officer to accept a completed application and determine whether or not a certificate will be denied, granted, or suspended.

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

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

   RESPONSIBLE PERSON OR ENTITY: 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:

   A.   Maintaining a state sales tax number, a special events sales tax number, computing the sales taxes owing from any sale of goods or services, paying the sales taxes, and filing any required returns or reports;

   B.   Facilitating and responding to requests from consumers who desire to cancel the sale pursuant to applicable contractual rights or law; and

   C.   Refunding any monies paid or reversing credit card charges to those persons who timely rescind any sale pursuant to applicable contractual rights or law.

   SALE OF GOODS OR SERVICES: 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 (3) days under any applicable federal, state, or local law.

   SERVICES: Those intangible goods or personal benefits offered, provided, or sold to a competent individual of a residence.

   SOLICITING OR SOLICIT OR SOLICITATION: Any of the following activities:

   A.   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.

   B.   Seeking to obtain prospective customers to apply for or to purchase insurance, subscriptions to publications, or publications.

   C.   Seeking to obtain contributions of money or any other thing of value for the benefit of any person or entity.

   D.   Seeking to obtain orders or prospective customers for goods or services.

   E.   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.

   F.   Other activities falling within the commonly accepted definition of soliciting, such as hawking or peddling.

   SOLICITOR OR SOLICITORS: A person(s) engaged in door to door solicitation.

   SUBMITTED IN WRITING: The information for an appeal of a denial or suspension of a certificate, submitted in any type of written statement to the city offices by certified, registered, priority, overnight or delivery confirmation mail, facsimile, or hand delivery.

   SUBSTANTIATED REPORT: An oral, written, or electronic report:

   A.   That is submitted to and documented by the city;

   B.   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;

   C.   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, eyewitness 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.

   WAIVER: The written form provided to applicant by the city wherein applicant agrees that the city may obtain a name/date of birth BCI background check on the applicant for licensing purposes under this chapter, and which contains applicant's notarized signature. (Ord. 2008-22: Ord. 2006-22 § 1)

The following are exempt from registration under this chapter:

   A.   Persons specifically invited to a residence by a competent individual prior to the time of the person's arrival at the residence;

   B.   Persons whose license, permit, certificate or registration with the state of Utah (i.e., insurance brokers, real estate brokers) permits them to engage in door to door solicitation to offer goods or services to an occupant of the residence;

   C.   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;

   D.   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

   E.   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.

Those persons exempt from registration are not exempt from the duties and prohibitions outlined in sections 5.06.170, 5.06.180 and 5.06.190 of this chapter while advocating or soliciting. (Ord. 2006-22 § 1)

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. (Ord. 2006-22 § 1)

Unless otherwise exempt under this chapter, all persons desiring to engage in door to door solicitation within the city, prior to doing so, shall submit a completed application to the licensing officer and obtain a certificate. (Ord. 2006-22 § 1)

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:

   A.   Review Of Written Disclosures: An affirmation that the applicant has received and reviewed the disclosure information required by this chapter.

   B.   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.

   C.   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 driver's 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.

   D.   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.

   E.   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.

   F.   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 (for example, if solicitor is selling food item(s), solicitor needs a food handlers permit issued by state health department).

   G.   BCI Background Check: The applicant shall provide:

      1.   An original or a copy of a "BCI" background check as defined in section 5.06.030 of this chapter; 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 1 .

   H.   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: a) felony homicide, b) physically abusing, sexually abusing, or exploiting a minor, c) the sale or distribution of controlled substances, or d) sexual assault of any kind;

      2.   Are any criminal charges currently pending against the applicant for: a) felony homicide, b) physically abusing, sexually abusing, or exploiting a minor, c) the sale or distribution of controlled substances, or d) 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: a) moral turpitude, or b) 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: a) the applicant had either engaged in fraud, or intentional misrepresentation, or b) that a debt of the applicant was nondischargeable in bankruptcy pursuant to 11 USC section 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.

   I.   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.

   J.   Execution Of Application: The applicant shall execute the application form, stating upon oath or affirmation, under penalty of perjury, that based on the present knowledge and belief of the applicant, the information provided is complete, truthful and accurate. (Ord. 2006-22 § 1)

The application form shall be accompanied by written disclosures notifying the applicant of the following:

   A.   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;

   B.   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.

   C.   Establishing proof of identity is required before registration is allowed;

   D.   Identification of the fee amount that must be submitted by applicant with a completed application;

   E.   The applicant must submit a BCI background check with a completed application;

   F.   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;

   G.   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;

   H.   The criteria for disqualifying status, denial, or suspension of a certificate under the provisions of this chapter;

   I.   That a request for a temporary certificate will be granted or denied the same business day that a completed application is submitted. (Ord. 2006-22 § 1)

The licensing officer shall not begin the registration process unless the applicant has submitted a completed application. 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 BCI background check is submitted by the applicant, the licensing officer shall make a copy of the BCI and return the original to the applicant. (Ord. 2006-22 § 1)

The licensing officer shall review the completed application submitted by the applicant and issue a certificate in accordance with the following:

   A.   Temporary Certificate:

      1.   A temporary certificate shall issue allowing the applicant to immediately begin door to door solicitation upon the following conditions:

         a.   Applicant's submission of a completed application;

         b.   Applicant's submission of the required fee;

         c.   Applicant establishes proof of identity;

         d.   The applicant's representations on the application form do not affirmatively show a disqualifying status;

         e.   The BCI does not affirmatively show a disqualifying status; and

         f.   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.

   B.   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:

         a.   Will be issued an annual certificate, eligible for renewal one year from the date of issuance of the temporary certificate; or

         b.   Will not be issued an annual certificate for reasons cited in section 5.06.140 of this chapter.

   C.   Renewal Certificate: An annual certificate shall be valid for one year from the date of issuance of the temporary certificate and shall expire at twelve o'clock (12:00) 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 5.06.140 of this chapter, or a disqualifying status is present. (Ord. 2006-22 § 1)

   A.   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.

   B.   Identification Badge: With both the temporary and annual certificates, the city shall issue each registered solicitor an identification badge that shall be worn prominently on his or her person while soliciting in the city. The identification badge shall bear the name of the city and shall contain: 1) the name of the registered solicitor; 2) address and phone number of the registered solicitor, or the name, address, and phone number of the responsible person or entity is provided; 3) a recent photograph of the registered solicitor; and 4) the date on which the certificate expires. (Ord. 2006-22 § 1)

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. (Ord. 2006-22 § 1)

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 nontransferable. 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 the 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. (Ord. 2006-22 § 1)

   A.   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:

         a.   The application form is not complete;

         b.   The applicant fails to: 1) establish proof of identity, 2) provide a BCI or 3) pay the fees;

         c.   The completed application or BCI indicates that the applicant has a disqualifying status; or

         d.   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:

         a.   The information submitted by the applicant at the time of the granting of the temporary certificate is found to be incomplete or incorrect;

         b.   Since the submission of the completed application, the applicant is subject to a previously undisclosed or unknown disqualifying status;

         c.   Failure to complete payment of the fees;

         d.   Since the submission of the application, the city has received a substantiated report regarding the past or present conduct of the applicant;

         e.   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

         f.   Since the submission of the application, a final civil judgment has been entered against the applicant indicating that: 1) the applicant had either engaged in fraud, or intentional misrepresentation, or 2) that a debt of the applicant was nondischargeable in bankruptcy pursuant to 11 USC section 523(a)(2), (a)(4), (a)(6), or (a)(19).

      3.   Denial Of Annual Certificate Renewal:

         a.   The information submitted by the applicant when seeking renewal of a certificate is found to be incomplete or incorrect;

         b.   Since the submission of the renewal application, the applicant is subject to a previously undisclosed or unknown disqualifying status;

         c.   Failure to complete payment of the fees;

         d.   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;

         e.   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

         f.   Since the submission of the application, a final civil judgment has been entered against the applicant indicating that: 1) the applicant had either engaged in fraud, or intentional misrepresentation, or 2) that a debt of the applicant was nondischargeable in bankruptcy pursuant to 11 USC section 523(a)(2), (a)(4), (a)(6), or (a)(19).

   B.   Suspension Or Revocation: The city shall either suspend or revoke a certificate when any of the reasons warranting the denial of a certificate occurs.

   C.   Notice Of Denial Or Suspension: Upon determination of the licensing officer to deny an applicant's completed application or to suspend a registered solicitor's certificate, the city shall cause written notice to be sent to the applicant or registered solicitor by the method indicated in the completed application. The notice shall specify the grounds for the denial or suspension, the documentation or information the city relied on to make the decision, the availability of the documentation for review by applicant upon one business day's 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 subsection C4 of the "substantiated report" definition in section 5.06.030 of this chapter, in which case, the suspension is effective immediately. The denial or suspension shall remain effective unless and until the order is rescinded, overturned on appeal, or determined by a court to be contrary to equity or law. Failure to appeal the suspension of a certificate automatically results in its revocation. (Ord. 2006-22 § 1)

An applicant or registered solicitor whose certificate has been denied or suspended shall have the right to appeal to the city council or its 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:

   A.   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.

   B.   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.

   C.   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.

   D.   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 subsection C of this section, 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.

   E.   After the ruling of the appeals officer, the applicant or solicitor is deemed to have exhausted all administrative remedies with the city.

   F.   Nothing herein shall impede or interfere with the applicant's, solicitor's, or city's right to seek relief in a court of competent jurisdiction. (Ord. 2006-22 § 1)

   A.   No solicitor shall intentionally make any materially false or fraudulent statement in the course of soliciting.

   B.   A solicitor shall immediately disclose to the consumer during face to face solicitation: 1) the name of the solicitor; 2) the name and address of the entity with whom the solicitor is associated; and 3) the purpose of the solicitor's contact with the person and/or competent individual. This requirement may be satisfied through the use of the badge and an informational flyer.

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

   D.   No solicitor shall represent directly or by implication that the granting of a certificate of registration implies any endorsement by the city of the solicitor's goods or services or of the individual solicitor. (Ord. 2006-22 § 1)

   A.   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.

   B.   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.

   C.   It shall be the responsibility of the solicitor to check each residence for the presence of any such notice.

   D.   The provisions of this section shall apply also to solicitors who are exempt from registration pursuant to the provisions of this chapter. (Ord. 2006-22 § 1)

   A.   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.

   B.   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.

   C.   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.

   D.   Any solicitor who is at any time asked by an occupant of a residence or dwelling to leave shall immediately and peacefully depart.

   E.   The solicitor shall not intentionally or recklessly make any physical contact with, or touch another person without the person's consent.

   F.   The solicitor shall not follow a person into a residence without their explicit consent.

   G.   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.

   H.   The solicitor shall not use obscene language or gestures. (Ord. 2006-22 § 1)

It shall be unlawful for any person, whether licensed or not, to solicit at a residence before nine o'clock (9:00) A.M. or after nine o'clock (9:00) P.M. Mountain Time, unless the solicitor has express prior permission from the resident to do so. (Ord. 2006-22 § 1)

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 Utah Code Annotated, section 70C-5-103, or a current version thereof or any state or federal law modifying or amending such provision. (Ord. 2006-22 § 1)

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 of not to exceed one thousand dollars ($1,000.00) and/or a jail sentence of not to exceed six (6) months. (Ord. 2006-22 § 1)

As used in this chapter:

ALCOHOLIC PRODUCTS: All products that contain at least 63/100 of one percent alcohol by volume or at least one-half of one percent by weight, and are obtained by fermentation, infusion, decoction, brewing, distillation, or any other process that uses any liquid or combination of liquids, whether drinkable or not, to create alcohol in an amount greater than the amount prescribed in this subsection. "Alcoholic products" does not include common extracts, vinegars, ciders, essences, tinctures, food preparations, or over the counter drugs and medicines that otherwise come within this definition.

CLASS C, BEER SALES, RESTAURANT LICENSE: A license entitling the licensee to sell beer in original containers of a size not to exceed one (1) quart capacity for consumption on the licensed premises of a restaurant at which food sales constitute no less than seventy percent (70%) of the gross monetary receipts of the licensee's business and in connection with a license issued by the State of Utah to operate as a beer only restaurant licensee.

CLASS H, TYPE 5 PACKAGE AGENCY LICENSE: A license entitling the licensee to operate a package agency where they may sell only the alcoholic beverages they manufacture, directly to consumers for off-premises consumption. This license as well as a manufacturing license is required as it cannot exist independently. This license allows for the retail sales of sealed containers of beer, wine or spirits, for customers to take home.

MINOR: Any person under the age of twenty-one (21) years.

RESTAURANT: Any business establishment where a variety of foods is prepared and complete meals are served to the general public, located on premises having adequate culinary fixtures for food preparation and dining accommodations and which is engaged primarily in serving meals to the general public.

   C.   A person engaged in a scientific or educational pursuit, for scientific or educational use. The special use permit when issued shall indicate which category of special use is authorized under the permit.

WINE: Any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits, plants, honey, or milk, or any other like substance, whether or not other ingredients are added. "Wine" is considered "liquor" for purposes of this title.

(Ord. 2025-16: Ord. 2024-16: Ord. 2017-11: Ord. 2015-20)

   It is unlawful for any person, licensee, permittee, or their officers, managers, employees, or agents to keep for sale, or to directly or indirectly or upon any pretense or device offer to sell, sell, or otherwise furnish or supply to another, any alcoholic beverage or product without first having procured appropriate licenses therefor and except as provided by this chapter.

(Ord. 2025-16: Ord. 2015-20)

   Retail licenses and permits subject to the provisions of this chapter shall be classified into the following types (as defined in section 5.08.010 of this chapter):

   Class A, Beer Sales, Convenience

   Class B, Beer Sales, Golf Course

   Class C, Beer Sales, Restaurant

   Class D, Wine and Beer Sales, Restaurant

   Class E, Beer Sales, Private Club

   Class F, Alcoholic Sales, Full-Service Restaurant

   Class G, Bar Establishment License

   Class H, Type 5 Package Agency License

   Class I, Manufacturing License

   Single Event Liquor License

   Special Use Permit

   No other sales or other furnishing or supply of alcoholic beverages shall be permitted in the City except those that meet the definition of one (1) or more of the above classifications and meet all the requirements and conditions of this chapter. No other license classifications shall be authorized or permitted under this chapter, regardless of whether such classifications are otherwise authorized or permitted under the Act or other applicable Utah law. A license for the sale of any alcoholic beverage shall be required as provided in the Act, the provisions of which are adopted insofar as applicable to this chapter. In addition to the license required by this chapter, any person engaged in the sale of alcoholic beverages or products must obtain a business license and otherwise comply with the provisions of this chapter. Any license issued here under that is not a special event permit with a finite duration shall expire on December 31 of the year for which it is issued, and a renewal thereof must be obtained.  

(Ord. 2025-16: Ord. 2017-11: Ord. 2015-20)

   A.   An application for a license under this chapter shall be made in writing, under oath, and on a form provided by the License Officer, and containing at a minimum the applicant's name, social security number, date of birth, and residence address, the location of the proposed licensed or permitted premises, the class of license desired, any convictions for crimes which could disqualify the applicant as a licensee or permittee, and a space for the applicant to sign, under penalty of law, certifying that the applicant has complied with all requirements and possesses all qualifications for issuance of a license and that all information contained in the application is true. If the applicant is a partnership, corporation, limited liability company, or other entity, the names and addresses of all partners, officers, directors, members, joint venturers, trustees, and shareholders must be stated. Applications by a partnership, limited liability company, or joint venture must be subscribed to and sworn to as set out above by all partners or members. Applications by a corporation must be subscribed and sworn to as set out above by the president and secretary or trustees.

   B.   Any application submitted under this chapter shall be accompanied by:

      1.   A non-refundable application fee for a Class A, B, C, D, E, F, G, H, or I license, or a non-refundable application fee for a Single Event Liquor License or Special Use Permit shall be required as per the adopted Consolidated Fee Schedule;

      2.   An issuance fee as prescribed in subsection 5.08.070B of this chapter, which is refundable if a license is not issued;

      3.   A copy of the applicant's current business license or application therefor;

      4.   For applicants that have not previously obtained a license from the City, character references from at least three (3) individuals who personally know the applicant (or if a business entity, the agent for applicant), and whom the City may contact for an opinion on the moral character of applicant and applicant's fitness to obtain a license; and, if the applicant has previously held a license in the State of Utah, the references shall have personal knowledge of the applicant's conduct in relation to said prior licensing or permitting;

      5.   Evidence of the distance to the nearest school, church, public library, public playground or park;

      6.   A signed consent form stating that the licensee or permittee will permit any authorized representative of the City or any law enforcement officer unrestricted right to enter the licensed premises; and

      7.   Any other information the License Officer may require.

   C.   All applications for any license under this chapter shall be made pursuant to this section regardless of whether the application is for a new license, renewal, or due to a change of ownership, a change of lessee of an existing licensed premises, or a change of location of an existing licensed premises. However, an applicant renewing an existing license which is in good standing shall not be required to provide new references or new evidence of distance, and city council approval shall not be required for renewal provided that no material changes have occurred that would warrant a new city council review. However, the city council may, upon recommendation of the license officer or mayor or of its own volition elect to review any renewal application as if it were a new application hereunder.

   D.   All applications and accompanying information shall be returned to the license officer.

   E.   The license officer shall submit copies of the application and accompanying information to the fire department and police department.

   F.   After receiving the signed, written approval from each of the entities named in subsection E of this section, the application and accompanying information, along with a complete criminal history of the applicant and all appropriate partners, members, officers, directors, agents, and shareholders, shall be presented for review by the city marshal and approval by the city council.

   G.   The city council shall issue a license only after considering the location, physical characteristics, capacity, and condition of the proposed licensed premises, the character, background, management experience and qualifications of the applicant, the nature and class of the proposed license, and public input with respect to issuance of the license, and after finding that the public convenience requires and the best interests of the community will be substantially served by the issuance of the license.

   H.   Whenever a license is made available under this chapter, the city shall give notice of the availability of the license in each category by posting the notice in the city office building and by publishing such notice in a newspaper of general circulation in the city. The notice shall provide a deadline of no less than fourteen (14) days within which to make application for the available license. Upon expiration of the deadline and review of all applications submitted in accordance with this section, a hearing shall be set before the city council to consider issuance of any available license. In the event that the number of applications exceeds the number of available licenses or permits in any one category, the available license may be issued to that applicant or applicants who, in the determination of the city council, best qualify and which will best serve the interests of the community as determined under this section. No provisions of this chapter shall require the city to issue any license applied for under this chapter.

   I.   Any license issued under this chapter shall be to conduct permitted activities only at the specific place and in the specific manner provided in such license. A separate license shall be obtained for each license classification and for each different location for which the applicant desires to carry on activities regulated by this chapter.

   J.   No license issued under this chapter shall be assigned, transferred, leased, subleased, sold, or otherwise transferred, except that, in the sole discretion of the city council, a transfer of a license may be permitted upon a change of location where the owner remains the same, or upon a change of owners where the location remains the same. In either case, the same requirements as to the location of premises and the character and qualifications of the licensee shall apply, and the same fees will be required as in the case of the issuance of an original license.

   K.   A license issued under this chapter which is not used by the licensee within or a period more than ninety (90) consecutive days shall automatically revert to the city and shall no longer have any validity.

(Ord. 2025-16: Ord. 2015-20)

   A.   Every licensee hereunder shall be of good moral character, over the age of twenty-one (21) years, and a bona fide citizen of the United States or a legal resident alien. If the applicant is a partnership, limited liability company, or other entity, it shall be qualified to do business in the state, and each partner or member shall meet the qualifications of a licensee. If the applicant is a corporation, it shall be qualified to do business in the state, and each officer, director, trustee, or shareholder shall meet the qualifications of a licensee. Any partnership, limited liability company, corporation, or other entity shall hold its license through an agent who shall also meet all the qualifications of a licensee. Such agent shall be personally responsible for assuring compliance with this chapter and the act and shall be subject to the penalties for any violation of this chapter or the act. Upon the death, resignation or discharge of its agent, a partnership, limited liability company, corporation, or other entity shall, within fifteen (15) days, appoint another agent to qualify for and hold the license. Failure to designate a substitute agent within the time required shall be grounds for suspension, revocation or refusal to renew the license.

   B.   No license shall be issued to any person who has violated any provision of this chapter, this title, or the Act, or who has violated any provision of a license to sell alcoholic beverages issued by the City or any other governmental agency within the State of Utah, or who has had such a license revoked. No license shall be issued to any person who has been convicted of a felony or any violation of any law or ordinance relating to alcoholic beverages, driving under the influence, keeping a gambling or disorderly house, or any law or ordinance involving moral turpitude, or who has pleaded guilty to or forfeited bail on a charge of having committed a felony or of having violated any such law or ordinance. No partnership, limited liability company, corporation or other entity shall be issued a license or have its license renewed unless it has on file with the License Officer a list of its partners, members, trustees, officers, directors and shareholders. Any change in partners, members, trustees, officers, directors or shareholders of a partnership, limited liability company, corporation, or other entity which occurs after the issuance of a license under this chapter shall be immediately reported to the License Officer. No partnership, limited liability company, corporation, or other entity shall be issued a license or have its license renewed if any of its partners, members, trustees, officers, directors, or shareholders have been convicted of a felony or any violation of any law or ordinance relating to alcoholic beverages, driving under the influence, keeping a gambling or disorderly house, or any law or ordinance involving moral turpitude, or have pleaded guilty to or forfeited bail on a charge of having committed a felony or of having violated any such law or ordinance.

(Ord. 2025-16: Ord. 2015-20)

   A.   The total number of Class A licenses issued within the City shall not exceed that number determined by dividing the population of the City by one thousand (1,000). However, the City Council shall have discretion to issue a Class A license without regard to the quota set forth above, if the licensee falls within the category of establishment where the total square footage devoted to the sale of grocery or related items exceeds ten thousand (10,000) square feet, total employees will exceed thirty five (35), and the impact of the applicant upon the economy of the City is determined to be beneficial.

   B.   The total number of Class B licenses issued within the City shall not exceed that number determined by dividing the population of the City by one thousand (1,000). The City Council shall have discretion to issue Class B licenses in the number determined appropriate in accordance with the standards set forth in section 5.08.010 of this chapter.

      Upon application for a Class B license, or renewal thereof, the licensee shall submit an exact duplicate of the menu utilized, together with a floor plan showing all seating and the arrangement thereof. Determination of whether an establishment is dedicated primarily to restaurant purposes shall be made by the City Council. A Class B license shall not authorize the sale, storage, or service of any alcoholic beverage other than beer.

   C.   The total aggregate number of Class C, Class D, Class F, Class G, Class H, and Class I licenses issued within the City shall not exceed that number determined by dividing the population of the City by one thousand (1,000). The City Council shall have discretion to issue Class C, Class D, Class F, Class G, Class H, or Class I licenses in the number determined appropriate in accordance with the standards set forth in this chapter.

      Upon application for a Class C, Class D, Class F license, Class G, Class H, or Class I, or renewal thereof, the licensee shall submit an exact duplicate of the menu utilized, together with a floor plan showing all seating and the arrangement thereof. Determination of whether an establishment is dedicated primarily to restaurant purposes shall be made by the City Council upon initial application, and, in the City Council's discretion, prior to renewal.

   D.   The total number of Class E licenses issued within the City shall not exceed that number determined by dividing the population of the City by five thousand (5,000).

   E.   A license issued by the State of Utah for sale of alcoholic beverages shall not affect the need for a separate license from the City to sell, offer to sell, furnish, or supply alcoholic beverages, and holding a license under one (1) class of license under this chapter shall have no effect on the applicability of regulations or quotas governing other classes.

   F.   Population for determining the number of licenses shall be by the most recent United States decennial or special census or by any other population determination made by the United States government or the State of Utah. If the City Council wishes to make more frequent determination of population than what may be available from the above sources, it may do so based on such formula as it may reasonably consider to be accurate, and in such event it may abandon that determination upon issuance of a new census figured by the United States or State of Utah if it believes the latter to be more accurate.

   G.   Single event permits including a single event liquor license associated with a special event permit may be approved by the City Manager or designee(s) without reference to or effect upon the quotas herein provided. Local consent must also be approved by the city as outlined in Chapter 12.22 of city code.

(Ord. 2025-16: Ord. 2024-16: Ord. 2017-11: Ord. 2015-20)

   A.   A non-refundable application fee for a Class A, B, C, D, E, F, G, H, or I license, or a non-refundable application fee for a Single Event Liquor License or Special Use Permit shall be required as per the adopted Consolidated Fee Schedule.

   B.   At the time of application for an original license or renewal, the applicant shall pay an issuance fee as if a license is issued on or after July 1 in any year, one-half (1/2) of the annual license fee shall be charged.

   C.   The fee payable for a change of agent, as provided in section 5.08.050 of this chapter, shall be one hundred fifty dollars ($150.00).

(Ord. 2025-16: Ord. 2017-11: Ord. 2015-20)

   No license shall be issued to any applicant who is in arrears in the payment to the City for any business license, or who is otherwise indebted to the City. Failure to pay business license fees or other charges assessed by the City when due shall be a basis for suspension or revocation of any license issued hereunder.

(Ord. 2025-16: Ord. 2015-20)

The right to a license hereunder shall be conditioned at all times upon compliance with the following:

   A.   All employees of a licensee and any licensee who will be authorized to sell, furnish or serve alcoholic beverages to the public shall complete, within thirty (30) days after the issuance of a license or commencement of employment, an instruction seminar as set forth in section 62A-8-403, Utah Code Annotated, and shall thereafter maintain a current certification under this section. Any licensee or employee who sells, furnishes or serves alcoholic beverages without obtaining the certification required herein shall, in addition to any other penalty provided herein, be prohibited from obtaining certification for a period of one (1) year from the date of the violation.

   B.   No certificate shall be issued to an employee or licensee who has been convicted of a drug or alcohol related offense during a period of one (1) year preceding the application for a certificate, unless this condition is expressly waived by the Chief of Police after investigation of the circumstances. If charges are pending against an employee or licensee arising out of a drug or alcohol related offense, no certificate shall be issued until such charges are resolved and, if there is a conviction, none shall be issued for a period of one (1) year thereafter.

   C.   If any certified employee or certified licensee is convicted of any drug or alcohol related offense, including the crime of driving under the influence, their certificate shall be automatically revoked and such employee or licensee shall not be permitted to sell, furnish or serve alcoholic beverages for a period of one (1) year and until a new certification is obtained.

   D.   Any revocation of certification under subsection C of this section may be appealed to the City Council within ten (10) days after the mailing of written notice by the City of such revocation. Such appeal shall proceed in the manner prescribed in section 5.08.120 of this chapter.

(Ord. 2025-16: Ord. 2015-20)

It is unlawful:

   A.   For a person to buy for resale, sell or deal in alcoholic beverages without first having procured appropriate licenses duly issued by the City, and otherwise complying with the provisions of this chapter, the Act, and any other applicable law.

   B.   For any retail licensee to purchase alcoholic beverages or products from any person other than a wholesaler licensed in accordance with the Act.

   C.   For a licensee or other person to sell, offer to sell, or otherwise furnish or supply any alcoholic beverage or product to any person under the age of twenty-one (21) years.

   D.   1.   For any person under the age of twenty-one (21) years to purchase, attempt to purchase, solicit another person to purchase, possess, or consume any alcoholic beverage or product, unless specifically authorized by this title;

      2.   For any person under the age of twenty-one (21) years to misrepresent his age or for any other person to misrepresent the age of a minor, for the purpose of purchasing or otherwise obtaining an alcoholic beverage or product for a minor; or

      3.   For any person under the age of twenty-one (21) years to possess or consume any alcoholic beverage while riding in a limousine or chartered bus.

   E.   For a licensee to employ a minor to sell or dispose of any alcoholic beverage.

   F.   For a licensee or its employee to consume an alcoholic beverage or be under the influence of an alcoholic beverage while on duty.

   G.   For a licensee or its employee, during that employee's working hours or in connection with such employment or the operation of the licensee's business, to give to or purchase for any other person, accept a gift of, purchase for himself or consume any alcoholic beverage.

   H.   For a person to sell, offer to sell, or otherwise furnish or supply any alcoholic beverage or product to any person who is apparently under the influence of intoxicating alcoholic beverages or products or drugs or to a person whom the person furnishing the alcoholic beverage knew or should have known from the circumstances was under the influence of intoxicating alcoholic beverages or products or drugs.

   I.   For a Class A licensee or its employee to sell, dispose of, deliver or give beer to any person between the hours of one o'clock (1:00) A.M. and seven o'clock (7:00) A.M.

   J.   For any Class B, Class C, Class D, or Class F licensee, or any employee of such to sell, dispose of, deliver, or give away, or allow a person to consume beer or other alcoholic beverages on the licensed premises between the hours of twelve o'clock (12:00) midnight to twelve o'clock (12:00) noon of any day, or on any day of any regular general, primary or special election or Municipal, special district or school election until after the polls are closed. Failure to pick up all drinks and beverages containing alcohol which have not been fully consumed at the closing hours as set forth herein shall be considered permission to consume after the closing hours and shall be a violation of this section.

   K.   For any Class E, Class F, Class G, or Class I licensee, or any employee of such to sell, dispose of, deliver, or give away, or allow a person to consume beer or other alcoholic beverages on the licensed premises between the hours of one o'clock (1:00) A.M. and ten o'clock (10:00) A.M. on weekdays and Saturdays, on any day of any regular general, primary or special election or Municipal, special district or school election until after the polls are closed, or on any Sunday or State or Federal legal holiday between the hours of twelve o'clock (12:00) midnight and twelve o'clock (12:00) noon. Failure to pick up all drinks and beverages containing alcohol which have not been fully consumed at the closing hours as set forth herein shall be considered permission to consume after the existing hours and shall be a violation of this section.

   L.   For any single event or special use permittee or any employee or agent of such to sell, dispose of, deliver, or give away, or allow a person to consume beer or other alcoholic beverages on the licensed premises at any time or date other than as expressly established by approval of the City Council at the time of issuance of the permit, or on any day of any regular general, primary or special election or Municipal, special district or school election until after the polls are closed. Failure to pick up all drinks and beverages containing alcohol which have not been fully consumed at the closing hours as set forth herein shall be considered permission to consume after the closing hours and shall be a violation of this section.

   M.   For a Class B, Class C, Class D, Class E, Class F, Class G, Class H, or Class I licensee to employ a person for the purpose of soliciting the purchase of alcoholic beverages by patrons of the establishment for themselves, on a percentage basis or otherwise. No Class B, Class C, Class D, Class E, Class F, Class G, Class H, or Class I licensee shall serve employees or allow a patron of the establishment to give alcoholic beverages to, or purchase alcoholic beverages for, or drink alcoholic beverages with any employee while that employee is on duty.

   N.   For a Class A licensee to sell beer except in the original container, or to permit beer to be consumed on the licensed premises.

   O.   For a person to consume liquor in a public building, park, or stadium, except as provided in this title.

   P.   1.   For any person to sell, offer to sell, or otherwise furnish or supply any alcoholic beverage or product to any person under the age of twenty-one (21).

      2.   This section does not apply to the furnishing or supplying of an alcoholic beverage or product to a minor for medicinal purposes by the parent or guardian of the minor or by the minor's physician or dentist, in accordance with this title.

   Q.   For a person to advertise the sale of beer, except as may be expressly permitted by the Utah Department of Alcoholic Beverage Control, and except for the placement of a license issued under this chapter in a location in or about the licensed premises where it will be visible to the public.

   R.   For any Class E licensee or State store, or their agent or employee, to permit any person under the age of twenty one (21) years to enter upon or to remain in or about any portion of the licensed premises where any alcoholic beverages are sold, dispensed or consumed, unless that portion of the licensed premises is dedicated primarily to the sale and serving of food. Exceptions may be made for a musician or entertainer in a prohibited area only upon express written consent of the Chief of Police.

   S.   The following acts or conduct in a restaurant licensed under this chapter are considered contrary to the public welfare and morals, and are prohibited upon the premises:

      1.   Employing or using any person in the sale or service of alcoholic beverages while the person is unclothed or in attire, costume, or clothing that exposes to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals;

      2.   Employing or using the services of any person to dance or mingle with the patrons while the person is unclothed or in attire, costume, or clothing described in subsection S1 of this section;

      3.   Encouraging or permitting any person to touch, caress, or fondle the breasts, buttocks, anus, or genitals of any other person;

      4.   Permitting any employee or person to wear or use any device or covering, exposed to view, that simulates the breast, anus, pubic hair, or any portion of these;

      5.   Permitting any person to use artificial devices or inanimate objects to depict any of the prohibited activities in this subsection;

      6.   Permitting any person to remain in or upon the premises who exposes to public view any portion of that person's genitals or anus; or

      7.   Showing films, still pictures, electronic reproductions, or other visual productions depicting:

         a.   Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts prohibited by Utah law;

         b.   Any person being touched, caressed, or fondled on the breasts, buttocks, anus, or genitals;

         c.   Scenes wherein artificial devices or inanimate objects are used to depict, or drawings are used to portray, any of the prohibited activities described in this subsection; or

         d.   Scenes wherein a person displays the vulva or the anus or the genitals.

   T.   Although live entertainment is permitted on the premises of a restaurant liquor licensee, a licensee may not allow any person to perform or simulate sexual acts prohibited by Utah law, including sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, the touching, caressing, or fondling of the breast, buttocks, anus, or genitals, or the displaying of the pubic hair, anus, vulva, or genitals. Entertainers shall perform only upon a stage or at a designated area approved by the City.

   U.   Any violation of subsections E, I through L, R, S and T, inclusive, of this section shall constitute offenses of strict liability against any agent, employee or licensee, and such licensee may be liable in addition to an agent or employee.

(Ord. 2025-16: Ord. 2017-11: Ord. 2015-20)

   No licensee, or establishment vending alcoholic beverages, shall be located closer to any public or private school, church, public library, public playground or park than allowed by state law as set forth in Utah Code Annotated 32B-1-202, unless the city council finds after full investigation that compliance with the distance requirement would result in either:

   A.   Peculiar and exceptional practical difficulties; or

   B.   Exceptional or undue hardships.

   In either event the city council may, after giving full consideration to the attending circumstances, following a public hearing in the city, authorize a variance from the distance requirement so as to relieve the difficulties or hardships, provided the variance may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this section.

(Ord. 2025-16: Ord. 2015-20)

   A.   The city council may suspend, revoke, refuse to renew, and the license officer may suspend or refuse to renew, any license issued pursuant to this chapter for any of the following reasons:

      1.   There occurs on the licensed premises repeated acts of violence.

      2.   The licensee knowingly submits false or fraudulent material information on any application or document filed with the city.

      3.   The licensee is on the licensed premises habitually drunk or under the influence of alcohol or illegal drugs.

      4.   The licensed business is delinquent for more than sixty (60) days in the payment of any fee or charge due to the city.

      5.   The licensee attempts to, or does, assign, transfer or sell a license in violation of this chapter.

      6.   The licensee fails to keep for a period of two (2) years, or make available to the city upon reasonable request, all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of alcoholic beverages.

      7.   The licensee is convicted of a felony or any violation of any law or ordinance relating to alcoholic beverages, driving under the influence of alcohol or alcohol related reckless driving, keeping a gambling or disorderly house, or any law or ordinance involving moral turpitude.

      8.   The licensee violates or fails to comply with this chapter or the act or ceases to possess all of the qualifications required by this chapter or the act.

   B.   The license officer shall receive all complaints of alleged violation of this chapter and is responsible for ordering through the police department or other appropriate department the investigation of all allegations of a violation of, or noncompliance with, this chapter, the act, or any condition imposed upon the licensee by the license. Upon the license officer's initiation of an investigation or upon the receipt of a complaint and an investigation of the complaint as deemed necessary, the license officer may cause a complaint and notice of hearing to be directed to the licensee setting forth the violations alleged against the licensee, and requesting the licensee, within ten (10) days after service of the complaint and notice of hearing, to appear by filing with the license officer an answer to the complaint. Failure of the licensee to answer is deemed an admission by the licensee of the licensee's commission of the act charged in the complaint. The license officer or the city council may then immediately begin disciplinary proceedings. The license officer may set a hearing before the city council on any of the grounds set forth in subsection A of this section. The city recorder and investigating officers shall have all those rights and duties set forth in the act or the rules of the Utah department of alcoholic beverage control. The complaint and notice of hearing provided herein shall be sufficient if it conforms to the rules of the Utah department of alcoholic beverage control.

   C.   A hearing shall conform to the requirements of the rules of the Utah department of alcoholic beverage control. The city council shall conduct a hearing and may accept any relevant material evidence and testimony and apply any evidentiary rules set forth in the rules of the Utah department of alcoholic beverage control. The city shall prepare an official record of the hearing, including all testimony recorded mechanically or stenographically and all exhibits introduced. The city is not required to transcribe such record except pursuant to an appeal, except that, upon written request and receipt of a reasonable fee for transcribing such record, the city may transcribe the record or allow for its transcription by the person requesting it.

   D.   If the hearing is conducted by the city council, the city council shall issue a decision no later than ten (10) days following the hearing. Such decision may be in writing or entered on the record at the hearing. Such decision shall then be final for purposes of appeal.

   E.   Hearings before the city council are open to the public and are informal, with technical rules of evidence not applying to the proceedings. The licensee involved and any person requesting a hearing may be present and cross-examined witnesses and give evidence before the city council at the hearing.

(Ord. 2025-16: Ord. 2015-20)

   This chapter shall be applicable to all persons holding valid licenses hereunder at the effective date hereof or who may obtain such in the future. However, all such licensees and other persons shall comply with the provisions of this chapter. This chapter shall apply regardless of whether the application of this chapter results in there being licenses in excess of the quotas set forth in this chapter.

(Ord. 2025-16: Ord. 2015-20)

In addition to the denial, suspension, revocation or refusal to renew a license, the licensee and any person who shall violate the provisions of this chapter shall be guilty of a class B misdemeanor and shall be punished for each offense by a fine in an amount not to exceed one thousand dollars ($1,000.00) or by incarceration for a period of not more than six (6) months, or by both such fine and incarceration. Each day or incident of violation shall constitute a separate offense hereunder.

(Ord. 2025-16: Ord. 2015-20)

No individual, entity or organization shall:

   A.   Conduct or operate a retail tobacco specialty business; or

   B.   Sell, furnish, or otherwise distribute tobacco products or "tobacco paraphernalia", as defined in this chapter, unless it satisfies the requirements set forth in this chapter. (Ord. 2017-17)

   RETAIL TOBACCO SPECIALTY BUSINESS: A commercial establishment in which:

   A.   The sale of tobacco products and tobacco paraphernalia accounts for more than thirty five percent (35%) of the total annual gross receipts for the establishment;

   B.   The sale of food and beverage products, excluding gasoline sales, accounts for less than forty five percent (45%) of the total annual gross receipts for the establishment; and

   C.   The establishment is not licensed as a pharmacy under Utah Code title 58, chapter 17b, Pharmacy Practice Act.

   TOBACCO PARAPHERNALIA: Means any equipment, product, or material of any kind, excluding matches and lighters, which is used, intended for use, or designed for use to package, repackage, store, contain, conceal, ingest, inhale, or otherwise introduce a cigar, cigarette, or tobacco in any form into the human body, including, but not limited to:

   A.   Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

   B.   Water pipes;

   C.   Carburetion tubes and devices;

   D.   Smoking and carburetion masks;

   E.   Roach clips, meaning objects used to hold burning material, such as a cigarette, that has become too small or too short to be held in the hand;

   F.   Chamber pipes;

   G.   Carburetor pipes;

   H.   Electric pipes;

   I.   Air driven pipes;

   J.   Chillums;

   K.   Bongs; and

   L.   Ice pipes or chillers.

   TOBACCO PRODUCT: Any cigar, cigarette, or electronic cigarette as defined in the Utah Code; a tobacco product as defined in the Utah Code, including chewing tobacco; or any substitute for a tobacco product, including flavoring or additives to tobacco.

   TOBACCO SALES BUSINESS LICENSE: A business license issued by the City which permits the licensee to sell tobacco products and tobacco paraphernalia from its validly licensed business. (Ord. 2017-17)

   A.   Tobacco Products And Tobacco Paraphernalia: No individual, entity, organization, or business shall sell tobacco products or tobacco paraphernalia unless it has obtained a tobacco sales business license. A tobacco sales business license shall only be issued as a secondary license to a business license for one of the following:

      1.   A business that is primarily engaged in the sale of food and beverage products and is located in a building which is ten thousand (10,000) square feet or larger;

      2.   A business that is primarily engaged in the sale of gasoline or diesel fuel and is located in a building which is two thousand (2,000) square feet or larger;

      3.   An on-premises alcoholic beverage sales license;

      4.   A business license for a pharmacy under Utah Code and is located in a building which is ten thousand (10,000) square feet or larger; or

      5.   A business license for any business that was lawfully selling tobacco products and tobacco paraphernalia under that license prior to August 1, 2017.

   B.   Application For License: An application for a license shall be made in writing on the form provided by the licensing officer. The form must be completed in its entirety. The application must be accompanied by:

      1.   The primary business license required in this chapter (or a completed application for such primary business license, if being sought in conjunction with the tobacco sales business license);

      2.   The required licensing fee as may be determined by the City Council from time to time;

      3.   Proof of Utah State Tax Commission license and State bond (if required by Utah Code);

      4.   Documentation showing the square footage of the building;

      5.   Proof of the operation of a business specified in subsection A1 or A2 of this section, if the application is to qualify as such a business; and

      6.   If seeking to qualify under subsection A5 of this section, proof of:

         a.   The lawful sales of tobacco products and tobacco paraphernalia prior to August 1, 2017; and

         b.   The percentage of tobacco products and tobacco paraphernalia sold as compared to the total annual gross receipts for the business.

   C.   Issuance And Renewal Of License:

      1.   Upon receipt of a completed application as set forth in subsection B of this section, and qualification for issuance of the appropriate primary business license described in subsection A of this section, the licensing officer shall issue the tobacco sales business license to the applicant.

      2.   The tobacco sales business license may be issued as a separate certificate, or may be indicated by an appropriate notation on the primary business license certificate, in the discretion of the licensing officer.

      3.   The tobacco sales business license shall be renewed annually in conjunction with the applicant's primary business license, provided the business license or tobacco sales business license is not otherwise suspended, revoked, or terminated. (Ord. 2017-17)

The operation of a retail tobacco specialty business is prohibited. (Ord. 2017-17)

   A.   The City may suspend, revoke, or terminate the business license of a business which is operating as a tobacco sales business if:

      1.   The licensee, owner, or operator:

         a.   Engages in a pattern of unlawful activity as outlined in Utah Code section 76-10-1601 et seq., or its amendment; or

         b.   Violates any alcohol or drug related offenses, regulations restricting the sale and distribution of tobacco products or tobacco paraphernalia, or any felony offenses under any provision of Federal, State, or local law.

      2.   While on the business premises, an employee violates:

         a.   Any laws or regulations related to alcohol or controlled substances;

         b.   Any laws or regulations restricting the sale and distribution of tobacco products or tobacco paraphernalia; or

         c.   Any provision of Federal, State, or local law which would be a felony level offense.

      3.   The tobacco sales business does not maintain the right to operate under the terms of other applicable laws, including zoning ordinances, building codes, and the primary business license.

   B.   In addition to the provisions outlined in subsection A of this section, a business licensed under section 5.10.030 of this chapter may have their tobacco sales business license permanently revoked if:

      1.   The tobacco sales business license is not renewed continuously without lapse or revocation;

      2.   The tobacco sales business is closed for business or otherwise suspends the sale of tobacco products or tobacco paraphernalia for more than sixty (60) consecutive days; or

      3.   The tobacco sales business substantially changes the character of its business premises or business operation. (Ord. 2017-17)

Any violation of this chapter is a Class B misdemeanor and punishable by a fine of one thousand dollars ($1,000.00), not including any mandatory fees and surcharges imposed by law or a court of competent jurisdiction. (Ord. 2017-17)

The purpose of this chapter is to establish a system of imposing license fees upon persons engaging in business within the limits of the city as contractors. The licenses are designed to be determined upon the basis of each contract or job being performed. It is the opinion of the city council that this method of determining the amount of fee will result in fair taxation and will not discriminate against the contractor who performs only a few jobs within the city limits as distinguished from the contractor who performs many. (Prior code § 9-431)

   A.   "Contractor" means any person, firm, copartnership, corporation, association, or other organization, or any combination thereof, who for a fixed sum, price, fee, percentage, or other compensation other than wages, undertakes any building, highway, road, railroad, excavation or other structure, project, development, or improvement, other than to personality, or any part thereof; provided, however, that the term "contractor" shall not include:

      1.   Anyone who merely furnishes material or supplies without fabricating the same into, or consuming the same in, the performance of the work of the contractors as herein defined.

      2.   Anyone who builds not more than one structure on property titled in his or her name (as owner of not less than 50 percent thereof) during any three hundred sixty five (365) day period, and who signs before a notary public at the city office an affidavit, under oath, by which said owner states he or she is constructing said building as his or her own personal residence, and that he or she intends to reside therein and occupy said structure as his or her principal place of residence for a period of not less than one year following completion of construction, and who, when requested, signs a similar affidavit that he or she has actually resided in said structure as that person's principal place of residence.

   B.   Types Of Contractors: As an illustrative list of contractors subject to the provisions of this chapter, but not in limitation thereof, the following occupations are subject to this chapter; general contractors, specialty contractors of all kinds, such as, but not limited to, those engaged in the business of installing, repairing or otherwise performing services in connection with: acoustical the and roof decking; awnings, storm doors, and windows; air conditioning, dry heating, sheet metal; boilers, steamfitting; carpentry; cement and concrete; ceramic file; cabinet and millwork; composition floor, countertops, tile; carpet; drywall; elevator installation; electrical; excavating and grading; fencing; floor coverings; fire prevention (structural); furnaces and burners; glazing; industrial piping; iron and bronze (ornamental); insulation; landscaping; lathing; lawn sprinklers; masonry; mosaic the and terrazzo; overhead doors; painting and paper hanging; pest control (structural); plastering; plumbing and wet heating; roofing and siding; swimming pool; signs, stone masonry; sewer installation; steel reinforcing and erection; tanks (structural); waterproofing; weatherstripping; welding; wrecking and demolition; wood floor laying and finishing. (Ord. 93-98 § 1: prior code § 9-432)

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

   A.   Prior to engaging in any subject business activity during any calendar year, he or she must register for the calendar year as a contractor by completing and filing a registration form in the office of the recorder.

   B.   Prior to the performance of any services in connection with any specific contract or job, the person shall secure a license to engage in the performance of service connected with said specific job or contract from the office of the recorder. (Prior code § 9-433)

   A.   Any person desiring to engage in business as a contractor shall complete and file in the office of the recorder a registration form provided to him or her by the city which shall show:

      1.   The name of the contractor.

      2.   The address and telephone number of the contractor.

      3.   The type of organization, e.g., corporation, partnership or sole proprietor.

      4.   If a partnership or a corporation or other artificial person, the name, address, and telephone number of the person responsible for the functions of the organization:

         a.   Whether or not licensed under the contractor's license law of the state of Utah; if so, the license number of the contractor.

         b.   Type of business in which registrant seeks to engage, e.g., general contractor or one of the specialty contractors.

         c.   Such other information as the city council may by regulation require.

   B.   Any person seeking to register for the privilege of doing business as a contractor within the limits of this city for any calendar year, or any part thereof, shall pay an annual registration fee of twenty five dollars ($25.00). (Prior code § 9-434)

   A.   Any person desiring to perform services as a contractor shall, in addition to registering, as above required, secure a job license granting to him or her the privilege of performing the services required of him or her for each contract or job which he or she proposes to complete.

   B.   Any person seeking said job license for a contract or job shall complete an application therefor, on forms provided him or her by the city. The application shall set forth:

      1.   The name and address of the contractor;

      2.   The applicant's city registration number;

      3.   The number of the applicant's state contractor's license;

      4.   The person by whom the applicant is engaged to perform services as a contractor;

      5.   The address of the person;

      6.   The location at which the contractor's services are to be performed;

      7.   The type of services that are to be performed, e.g., as a general contractor, as one of the specialty contractors;

      8.   The contract amount. (Prior code § 9-435)

Every contractor, for the privilege of engaging in the business of performing the services, shall pay the amount set forth in the appropriate appendix to this code. (Prior code § 9-436)

All persons registered pursuant to this chapter for the privilege of doing business as contractors, and all persons who engage in doing business as contractors, shall maintain records of all services performed by them as contractors within the corporate limits of this city. The records shall disclose the person for whom the services are performed and the contract price or charge made for the services and such other information as the city council may, by regulation, require. The persons shall maintain such records at their office or principal place of business and shall permit officials or agents of the city to inspect said records for the purpose of determining whether or not said persons have complied with the requirements of this license chapter. (Prior code § 9-437)

The city council may adopt such regulations as in its opinion are necessary to implement this part of the objectives thereof. (Prior code § 9-438)

It is the purpose and intent of this chapter to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent or effect of this chapter to condone or legitimize the distribution of obscene materials or materials harmful to minors. (Ord. 95-176 § 1)

For the purposes of this chapter, certain terms and words are defined as follows:

   EMPLOYEE: A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage, or other compensation by the operator of said business.

   ESTABLISHMENT: Means and includes any of the following:

   A.   The opening or commencement of any such business as a new business;

   B.   The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;

   C.   The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or

   D.   The relocation of any such sexually oriented business.

   NUDITY OR STATE OF NUDITY: A. The appearance of human bare buttocks, anus, male genitals, female genitals, or the areola or nipple of the female breast; or

   B.   A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region, or areola or nipple of the female breast.

   OPERATOR: Means and includes the owner, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed premises.

   PERMITTED OR LICENSED PREMISES: Any premises that requires a license and/or permit and that is classified as a sexually oriented business.

   PERMITTEE AND/OR LICENSEE: A person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

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

   PUBLIC BUILDING: Any building owned, leased, or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.

   PUBLIC PARK OR RECREATION AREA: Public land which has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.

   RELIGIOUS INSTITUTION: Any church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities.

   RESIDENTIAL DISTRICT OR USE: A single-family, duplex, townhouse, multiple-family, or mobile park or subdivision and campground as defined in this code.

   SCHOOL: Any public or private educational facility, including, but not limited to, child daycare facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. "School" includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.

   SEMINUDE: A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.

   SEXUALLY ORIENTED BUSINESS: An adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, sexual encounter establishment, escort agency, or seminude model studio.

   SEXUALLY ORIENTED BUSINESSES: Those businesses defined as follows:

Adult Arcade: An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five (5) or fewer persons each, are regularly used to show films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

Adult Bookstore, Adult Novelty Store, Or Adult Video Store: A commercial establishment which has as a significant or substantial portion of its stock in trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale or rental, for any form of consideration, of any one or more of the following:

   A.   Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

   B.   Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.

   C.   An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas", and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes if offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified sexual activities".

Adult Cabaret: A nightclub, bar, restaurant, "bottle club", or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: a) persons who appear seminude or in a state of seminudity; b) live performances which are characterized by the exposure of "specified anatomical areas" or by pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

Adult Motel: A motel, hotel, or similar commercial establishment which: a) offers public accommodations, for any form of consideration, which provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right of way, or by means of any off premises advertising, including, but not limited to, newspapers, magazines, pamphlets, or leaflets, radio or television, or b) allows a tenant or occupant to subrent the sleeping room for a time period of less than ten (10) hours.

Adult Motion Picture Theater: A commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions which are characterized by the depiction or description of "specified anatomical areas" or "specified anatomical areas" are regularly shown for any form of consideration.

Adult Theater: A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of seminudity or live performances which are characterized by exposure of "specified sexual activities" or "specified anatomical areas".

Escort: A person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort Agency: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

Massage Parlor: Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with "specified sexual activities", or where any person providing such treatment, manipulation, or service related thereto, exposes his or her "specified anatomical areas". The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, or by a licensed hospital, or by a licensed physician, surgeon, chiropractor or osteopath, or by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, or by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.

Seminude Model Studio: Any place where a person who regularly appears in a state of seminudity is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.

Sexual Encounter Establishment: A business or commercial establishment that, as one of its primary business purposes, offers, for any form of consideration, a place where two (2) or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" when one or more of the persons is seminude. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

   SPECIFIED ANATOMICAL AREAS: As used in this chapter means and includes any of the following:

   A.   Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or

   B.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

   SPECIFIED SEXUAL ACTIVITIES: As used in this chapter means and includes any of the following:

   A.   The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;

   B.   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

   C.   Masturbation, actual or simulated;

   D.   Human genitals in a state of sexual stimulation, arousal, or tumescence; or

   E.   Excretory functions as part of or in connection with any of the activities set forth in subsections A through D of this definition.

   SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS: Increase in the floor areas occupied by the business by more than fifteen percent (15%), as the floor areas exist on the effective date hereof.

   TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS: Means and includes any of the following:

   A.   The sale, lease, or sublease of the business;

   B.   The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

   C.   The establishment of a trust, gift, or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. (Ord. 95-176 § 2)

The establishment of a sexual oriented business shall be permitted only in the specified commercial zoning and shall be subject to the following restriction:

   A.   No person shall cause or permit the establishment of any of the following sexually oriented businesses, are defined above, within one thousand feet (1,000') of another such business or within one thousand feet (1,000') of any religious institution, school, boys club, girls club, or similar existing youth organization, or public park or public building, or within one thousand feet (1,000') of any property zoned for residential use or used for residential purposes and are classified as follows:

      1.   Adult arcade;

      2.   Adult bookstore, adult novelty store, or adult video store;

      3.   Adult cabaret;

      4.   Adult motel;

      5.   Adult motion picture theater;

      6.   Adult theater;

      7.   Massage parlor;

      8.   Sexual encounter establishment;

      9.   Escort agency;

      10.   Nude model studio. (Ord. 95-176 § 3)

As regarding subsection 5.16.030A of this chapter, distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any sexually oriented business and any religious institution, public or private elementary or secondary school, boys club, girls club, or similar existing youth organization, or public park or building, or any properties zoned for residential use or used for residential purposes shall also be measured in a straight line, without regard to intervening structures or objects from the nearest portion of the building or structure used as part of the premises where the sexually oriented business is conducted, to the nearest property line of the premises of a religious institution, public or private elementary or secondary school, boys club, girls club, or similar existing youth organization, or public park or public building, or any properties zoned for residential use or used for residential purposes. (Ord. 95-176 § 4)

The city of Santa Clara's zoning ordinance requires that sexually oriented businesses shall be permitted only in commercial zoning as provided in section 5.16.030 of this chapter. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in section 5.16.080 of this chapter. In addition, any sexually oriented business shall be subject to the following restrictions:

   A.   The person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business except as provided in section 5.16.030 of this chapter.

   B.   The person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business within one thousand feet (1,000') of: a) any religious institution; b) any school; c) the boundary of any residential district; d) a public park adjacent to any residential district; e) a property line of a lot devoted to residential use; or f) a boys club, girls club, or similar existing youth organization.

   C.   A person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business within one thousand feet (1,000') of another such business, which will include any adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, or any sexual encounter establishment.

   D.   A person commits a misdemeanor if he or she causes or permits the operation, establishment, or maintenance of more than one sexually oriented business within the same building, structure, or portion thereof, or causes the substantial enlargement of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.

   E.   It is a defense to prosecution under this section if a person appearing in a state of nudity did so in a modeling class operated:

      1.   By a proprietary school, licensed by the state of Utah, a college, junior college, or university supported entirely or partly by taxation;

      2.   By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

      3.   In a structure:

         a.   Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;

         b.   Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and

         c.   Where no more than one nude model is on the premises at any one time. (Ord. 95-176 § 5)

   A.   Any sexually oriented businesses lawfully operating on the effective date of the ordinance codified in this chapter that is in violation of sections 5.16.030 and 5.16.050 of this chapter shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a period of one year, with a possible extension of one year to be granted by the city council only upon a convincing showing of extreme financial hardship, which is defined as the recovery of the initial financial investment in the nonconforming use, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within one thousand feet (1,000') of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at the particular location is the conforming use and the later established business(es) is nonconforming.

   B.   A sexually oriented business lawfully operating as conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of a sexually oriented business permit and/or license, of a church, public or private elementary or secondary school, public park, public building, residential district, or residential lot within one thousand feet (1,000') of the sexually oriented business. This provision applies only to the renewal of a valid permit and/or license and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.

   C.   Any establishment subject to the provisions of this section shall apply for the permit provided for by section 5.16.080 of this chapter within thirty (30) days of the effective date of the ordinance codified in this chapter. Any establishment existing prior to the effective date of the ordinance codified in this chapter shall comply with the regulations pertaining to sections 5.16.190, 5.16.210 and 5.16.250 of this chapter within sixty (60) days of the effective date hereof, and all other applicable permit regulations within thirty (30) days of the effective date hereof. (Ord. 95-176 § 6)

A person who operates or causes to be operated a sexually oriented business without having a valid permit due to locational restrictions is subject to a suit for injunction as well as prosecution for the criminal violation. Such violation shall be punishable by a fine of one thousand dollars ($1,000.00) and/or thirty (30) days imprisonment, and if an injunction must be sought, attorney fees and costs will be assessed at the discretion of the court against the sexually oriented business. (Ord. 95-176 § 7)

   A.   No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit issued by the city for the particular type of business. It is unlawful and a person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business without said permit.

   B.   The city administrator or his or her designee is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually oriented business permits for proposed or existing sexually oriented businesses. The city administrator or his or her designee is also responsible for ascertaining whether a proposed sexually oriented business for which a permit is being applied for complies with all locational requirements of sections 5.16.030, 5.16.050 and 5.16.060 of this chapter, all applicable zoning laws, and/or regulations now in effect or as amended or enacted subsequent to the effective date hereof in the city and the city comprehensive plan.

The city marshal's office is responsible for providing information on whether an applicant has been convicted of a specified criminal act during the time period set forth.

The city marshal's office is responsible for inspecting a proposed, permitted, or nonpermitted sexually oriented business in order to ascertain whether it is in compliance with applicable statutes and ordinances.

   C.   An application for a permit must be made on a form provided by the city. Any person desiring to operate a sexually oriented business shall file with the city an original and two (2) copies of a sworn permit application on the standard application form supplied by the city or designee.

   D.   The completed application shall contain the following information and shall be accompanied by the following documents:

      1.   If the applicant is:

         a.   An individual, the individual shall state his or her legal name and any aliases and submit satisfactory proof that he or she is eighteen (18) years of age,

         b.   A partnership, the partnership shall state its complete name and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any, or

         c.   A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of and authorized to do business in this state, the names and capacity of all officers, directors, and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process;

      2.   If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state: a) the sexually oriented business's fictitious name, and b) submit the required Utah registration documents;

      3.   Whether the applicant or any of the other individuals listed pursuant to this section has, within the two (2) or five (5) year period as specified in section 5.16.100 of this chapter immediately preceding the date of the application, been convicted of a specified criminal act and, if so, the specified criminal act involved, the date of conviction, and the place of conviction;

      4.   Whether the applicant or any of the other individuals pursuant to section 5.16.080 of this chapter and/or licenses of this chapter has had a previous permit under ordinance or other similar sexually oriented business ordinances from another city or county denied, suspended, or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation, and whether the applicant or any other individual listed pursuant to section 5.16.080 of this chapter has been a partner in a partnership or an officer, director, or principal stockholder of a corporation that is permitted under this chapter whose permit has previously been denied, suspended, or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended, or revoked, as well as the date of denial, suspension, or revocation;

      5.   Whether the applicant or any other individual listed pursuant to section 5.16.080 of this chapter holds any other permits and/or licenses under this chapter or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other permitted businesses;

      6.   The single classification of permit for which the applicant is filing;

      7.   The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any;

      8.   The applicant's mailing addresses and residential address;

      9.   A recent photograph of the applicant(s);

      10.   The applicant's driver's permit number, social security number, and/or his or her state or federally issued tax identification number;

      11.   A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior off the premises to an accuracy of plus or minus six inches (±6");

      12.   A current certificate and straight line drawing prepared within thirty (30) days prior to application by a Utah registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this chapter within one thousand feet (1,000') of the property to be certified; the property lines of any established religious institution/synagogue, school, or public park or recreation area within one thousand feet (1,000') of the property to be certified; and the property lines of any residentially zoned area or residential property within one thousand feet (1,000') of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted;

      13.   If a person who wishes to operate a sexually oriented business is an individual, he or she must sign the application for a permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten percent (10%) or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a ten percent (10%) or greater interest in the corporation must sign the application for a permit as applicant;

      14.   If a person wishes to operate a sexually oriented business which shall exhibit on the premises films, videocassettes, or other video reproductions which depict specified sexual activities or specified anatomical areas, then said person shall comply with the application requirements stated at section 5.16.180 of this chapter.

   E.   Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change, by supplementing the application on file with the city administrator or his or her designee, shall be grounds for suspension of a permit.

   F.   In the event that the city administrator or his or her designee determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, he or she shall promptly notify the applicant of such fact and allow the applicant ten (10) days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)

   G.   The applicant must be qualified according to the provisions of this chapter, and the premises must be inspected and found to be in compliance with health, fire, and building codes and laws.

   H.   The applicant shall be required to pay a nonrefundable application fee of one hundred dollars ($100.00) at the time of filing an application under this section.

   I.   Prior to obtaining any permit or license to operate any sexually oriented business defined in this chapter, and as part of any application for a permit under this section, the applicant shall obtain from the city or its designee a certification that the proposed location of such business complies with the locational requirements of sections 5.16.030, 5.16.050 and 5.16.060 of this chapter.

   J.   The fact that a person possesses other types of state or city permits and/or licenses does not exempt him or her from the requirement of obtaining a sexually oriented business permit.

   K.   By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise by the city administrator or his or her designee, the city marshal's office, and all other city agencies charged with enforcing the laws, ordinances, and codes applicable in the city of their respective responsibilities under this chapter.

   L.   The applicant shall be required to provide the city with the names of any and all employees who are required to be licensed pursuant to section 5.16.180 of this chapter. This shall be a continuing requirement even after a permit is granted or renewed. (Ord. 95-176 § 8)

   A.   Upon receipt of an application properly filed with the city and upon payment of the nonrefundable application fee, the city or its designee shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the city marshal's office and any other city agencies responsible for enforcement of health, fire, and building codes and laws. Each department or agency shall promptly conduct an investigation of the applicant, the application, and the proposed sexually oriented business in accordance with its responsibilities under law and as set forth in this chapter. Said investigation shall be completed within twenty (20) days of receipt of the application by the city or its designee. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it and, in the event it disapproves, state the reasons therefor. The city marshal's office shall only be required to certify the NCIC records request check mentioned at section 5.16.110 of this chapter. The city marshal's office shall not be required to approve or disapprove applications.

   B.   A department or agency shall disapprove an application if it finds that the proposed sexually oriented business will be in violation of any provision of any statute, code, ordinance, regulation, or other laws in effect in the city. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the city or its designee. (Ord. 95-176 § 9)

   A.   Grant Or Deny Application: The city administrator or his or her designee shall grant or deny an application for a permit within thirty (30) days from the date of its proper filing. Upon the expiration of the thirtieth day, unless the applicant requests and is granted a reasonable extension of time, the applicant shall be permitted to begin operating the business for which the permit is sought, unless and until the city or its designee notifies the applicant of a denial of the application and states the reason(s) for that denial.

   B.   Grant Of Application For Permit:

      1.   The city administrator or his or her designee shall grant the application unless one or more of the criteria set forth in subsection C of this section is present.

      2.   The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit shall also indicate that the sexually oriented business, whether permitted or not, may be subject to indecency pursuant to the United States supreme court decision in Barnes v. Glen Theatre, Inc., 501 U.S., 111 S.Ct. 2456 (June 21, 1991). The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be read easily at any time.

   C.   Denial Of Application For Permit:

      1.   The city administrator or his or her designee shall deny the application for any of the following reasons:

         a.   An applicant is under eighteen (18) years of age.

         b.   An applicant or an applicant's spouse is overdue on his or her payment to the city of taxes, fees, fines, or penalties assessed against him or her or imposed upon him or her in relation to a sexually oriented business.

         c.   An applicant is residing with a person who has been denied a permit by the city to operate a sexually oriented business within the preceding twelve (12) months, or residing with a person whose permit to operate a sexually oriented business has been revoked within the preceding twelve (12) months.

         d.   An applicant has failed to provide information required by this section or permit application for the issuance of the permit or has falsely answered a question or request for information on the application form.

         e.   The premises to be used for the sexually oriented business have not been approved as being in compliance with health, fire, and building codes by the department or agency responsible under law for investigating said compliance.

         f.   The application or permit fees required by this chapter have not been paid.

         g.   An applicant of the proposed business is in violation of, or is not in compliance with, any of the provisions of this chapter, including, but not limited to, the zoning locational requirements for a sexually oriented business under sections 5.16.030, 5.16.050 and 5.16.060 of this chapter.

         h.   The granting of the application would violate a statute, ordinance, or court order.

         i.   The applicant has a permit under this chapter which has been suspended or revoked.

         j.   An applicant has been convicted of a "specified criminal act" for which:

            (1)   Fewer than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the "specified criminal acts" which are sexual crimes against children, sexual abuse, rape, or crimes connected with another sexually oriented business, including, but not limited to, distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations;

            (2)   Fewer than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for the "specified criminal acts" which are sexual crimes against children, sexual abuse, rape, or crimes connected with another sexually oriented business, including, but not limited to, distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations;

            (3)   Fewer than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses for "specified criminal acts" which are sexual crimes against children, sexual abuse, rape, or crimes connected with another sexually oriented business, including, but not limited to, distribution of obscenity or materials harmful to minors, prostitution, pandering, or tax violations, or offenses occurring within any twenty four (24) month period;

            (4)   The fact that a conviction is being appealed shall have no effect on disqualification of the applicant; or

            (5)   An applicant who has been convicted of the above described "specified criminal acts" may qualify for a sexually oriented business permit only when the time period required in subsection C1j of this section has elapsed.

         k.   An applicant knowingly has in his or her employ an employee who does not have a valid license as required in section 5.16.180 of this chapter.

         l.   If the city administrator or his or her designee denies the application, he or she shall notify the applicant of the denial and state the reason(s) for the denial.

         m.   If a person applies for a permit for a particular location within a period of twelve (12) months from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reason(s) for denial, the application shall be denied. (Ord. 95-176 § 10)

The annual fee for a sexually oriented business permit is eight hundred fifty dollars ($850.00). (Ord. 95-176 § 11)

Subject to the provisions of section 2.20.120 of this code, an applicant or permittee shall permit representatives of any city office, the county health department, and the department to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business. (Ord. 98-08 § 2: Ord. 95-176 § 12)

   A.   Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in section 5.16.100 of this chapter (for renewals, filing of original survey shall be sufficient). Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the permit will not be affected.

   B.   When the city administrator or his or her designee denies renewal of the permit, the applicant shall not be issued a permit under this chapter for one year from the date of denial. If, subsequent to denial, the city or its designee finds that the basis for denial of the renewal of the permit has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date denial became final. (Ord. 95-176 § 13)

   A.   The city administrator or his or her designee shall suspend a permit for a period not to exceed thirty (30) days if he or she determines that a permittee, or an employee of a permittee, has:

      1.   Violated or is not in compliance with any section of this chapter;

      2.   Been under the influence of alcoholic beverages while working in the sexually oriented business premises;

      3.   Knowingly permitted gambling by any person on the sexually oriented business premises;

      4.   Operated the sexually oriented business in violation of a building, fire, health, or zoning statute, code, ordinance, or regulation, whether federal, state, or local, said determination being based on investigation by the division, department, or agency charged with enforcing said rules or laws. In the event of such statute, code, ordinance, or regulation violation, the city or its designee shall promptly notify the permittee of the violation and shall allow the permittee a seven (7) day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven (7) day period, the city or its designee shall forthwith suspend the permit and shall notify the permittee of the suspension;

      5.   Engaged in permit transfer contrary to section 5.16.170 of this chapter. In the event the city of its designee suspends a permit on the ground that a permittee engaged in a permit transfer contrary to section 5.16.170 of this chapter, the city administrator or his/her designee shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable section of this chapter has been satisfied;

      6.   Operated the sexually oriented business in violation of the hours of operation outlined in section 5.16.220 of this chapter;

      7.   Knowingly employs a person who does not have a valid license as required in section 5.16.180 of this chapter.

   B.   The suspension shall remain in effect until the violation of the statute, code ordinance, or regulation in question has been corrected. (Ord. 98-08 § 2: Ord. 95-176 § 14)

   A.   The city administrator or his or her designee shall revoke a permit if a cause of suspension in section 5.16.140 of this chapter occurs and the permit has been suspended within the preceding twelve (12) months.

   B.   The city administrator or his or her designee shall revoke a permit upon determining that:

      1.   A permittee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant's opportunity for obtaining a permit;

      2.   A permittee or an employee has knowingly allowed possession, use, or sale of controlled substances in or on the premises;

      3.   A permittee or an employee has knowingly allowed prostitution on the premises;

      4.   A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended;

      5.   A permittee has been convicted of a "specified criminal act" for which the time period required in section 5.16.100 of this chapter has not elapsed;

      6.   On two (2) or more occasions within a twelve (12) month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a "specified criminal act" for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit;

      7.   A permittee is convicted of tax violations for any taxes or fees related to a sexually oriented business;

      8.   A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur in or on the permitted premises; or

      9.   A permittee has been operating more than one sexually oriented business under a single roof.

   C.   When the city administrator or his or her designee revokes a permit, the revocation shall continue for one year and the permittee shall not be issued a sexually oriented business permit for one year from the date revocation became effective. If, subsequent to revocation, the city administrator or his or her designee finds that the basis for revocation under this section has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date revocation became effective. If the permit was revoked under this section, an applicant may not be granted another permit until the number of years required under this section have elapsed. (Ord. 95-176 § 15)

After denial of an application, or denial of a renewal of an application, or suspension or revocation of a permit, the applicant or permittee may seek prompt review of such administrative action through the city council. If the denial, suspension, or revocation is affirmed upon review, the administrative action may be promptly reviewed by the court upon the application of the aggrieved party. (Ord. 95-176 § 16)

   A.   A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit.

   B.   A permittee shall not transfer his or her permit to another person unless and until such other person satisfies the following requirements:

      1.   Obtains an amendment to the permit from the city administrator or his or her designee which provides that he or she is now the permittee, which amendment may be obtained only if he or she has completed and properly filed an application with the city administrator or his or her designee setting forth the information called for under section 5.16.100 of this chapter in the application; and

      2.   Pays a transfer fee of twenty percent (20%) of the annual permit fee set by this chapter.

   C.   No permit may be transferred when the city administrator or his or her designee has notified the permittee that suspension or revocation proceedings have been or will be brought against the permittee.

   D.   A permittee shall not transfer his or her permit to another location.

   E.   Any attempt to transfer a permit either directly or indirectly in violation of this section is declared void and the permit shall be deemed revoked. (Ord. 95-176 § 17)

   A.   License Required: Each individual to be employed in a sexually oriented business, as defined in section 5.16.020 of this chapter, who engages in the services rendered by a seminude model studio, escort or escort agency, sexual encounter establishment, massage parlor, or a live performer or entertainer shall be required to obtain a sexually oriented business employee license. Each applicant shall pay a permit fee of twenty five dollars ($25.00). Said fee is to cover reasonable administrative costs of the licensing application process.

   B.   Application For License:

      1.   Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form to be provided by the city administrator or his or her designee the following information:

         a.   The applicant's name or any other names (including "stage" names) or aliases used by the individual;

         b.   Age, date, and place of birth;

         c.   Height, weight, hair, and eye color;

         d.   Present residence address and telephone number;

         e.   Present business address and telephone number;

         f.   State driver's license or identification number;

         g.   Social security number; and

      2.   Acceptable written proof that the individual is at least eighteen (18) years of age.

      3.   Attached to the application form as provided above, a color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the city marshal's office. Any fees for the photographs and fingerprints shall be paid by the applicant.

      4.   A statement detailing the license or permit history of the applicant for the five (5) years 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 country, has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or 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 and the name of the issuing or denying jurisdiction, and describe 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.

      5.   Whether the applicant has been convicted of a "specified criminal act" as defined in section 5.16.100 of this chapter. This information shall include the date, place, nature of each conviction or pleas of nolo contendere, and identify the convicting jurisdiction.

      6.   The city administrator or his or her designee shall refer the sexually oriented business employee license application to the city marshal's office for an investigation to be made of such information as is contained on the application. The application process shall be completed within fifteen (15) working days from the date the completed application is filed. After the investigation, the city administrator or his or her designee shall issue a license unless the report from the city marshal's office finds that one or more of the following finds is true:

         a.   That the applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a license, or in any report or record required to be filed with the city marshal's office or other department of the city;

         b.   That the applicant is under eighteen (18) years of age;

         c.   That the applicant has been convicted of a "specified criminal act" as defined in section 5.16.100 of this chapter;

         d.   That the sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule, or regulation, or prohibited by particular provisions of this chapter; or

         e.   That the applicant has had a sexually oriented business employee license revoked by the city within two (2) years of the date of the current application.

   C.   Renewal Of License:

      1.   A license granted pursuant to this section shall be subject to annual renewal by the city administrator or his or her designee upon the written application of the applicant and a finding by the city administrator or his or her designee and the city marshal's office that the applicant has not been convicted of any "specified criminal act" as defined in section 5.16.100 of this chapter or committed any act during the existence of the previous license period which would be grounds to deny the initial permit application.

      2.   The renewal of the license shall be subject to payment of a fee as set by a resolution of the city council. (Ord. 95-176 § 18)

   A.   A person who operates or causes to be operated a sexually oriented business, other than a sexually oriented motel/hotel and regardless of whether or not a permit has been issued to said business under this chapter, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, videocassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

      1.   Upon application for a sexually oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty two (32) square feet of floor area with no dimension greater than eight feet (8'). The diagram shall also designate the place at which this permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale with marked dimensions sufficient to show the various internal dimension of all areas of the interior of the premises to an accuracy of plus or minus six inches (±6"). The city administrator or his or her designee may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

      2.   The application shall be sworn to be true and correct by the applicant.

      3.   No alteration in the configuration or location of a manager's station may be made without the prior approval of the city or its designee.

      4.   It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.

      5.   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. Restrooms may not contain video reproduction equipment. If the premises have two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

      6.   It shall be the duty of the owners and operation, and it shall also be the duty of any agents and employees present on the premises, to ensure that the view area specified in subsection A5 of this section remains unobstructed by any doors, walls, merchandise, display racks, or other materials or persons at all times 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 in the application.

      7.   No viewing room may be occupied by more than one person at any one time. No holes, commonly known as "glory holes", shall be permitted in the walls or partition separating each viewing room from an adjoining viewing room, restroom, or any other room on the premises. No door may be attached or installed on any viewing room.

      8.   The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access and an illumination of not less than two (2) foot-candles as measured at the floor level.

      9.   It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises, to ensure that the illumination described above is maintained at all times that any patron is present on the premises.

   B.   A person having a duty under subsections A1 through A9 of this section commits a misdemeanor if he or she knowingly fails to fulfill that duty. (Ord. 95-176 § 19)

A person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and knowingly or with reasonable cause to know, permits, suffers, or allows:

   A.   Admittance of a person under eighteen (18) years of age to the business premises unless accompanied by a parent or guardian;

   B.   A person under eighteen (18) years of age to remain at the business premises unless accompanied by a parent or guardian;

   C.   A person under eighteen (18) years of age to purchase goods or services at the business premises without the specific consent of a parent or guardian; or

   D.   A person who is under eighteen (18) years of age to work at the business premises as an employee. (Ord. 95-176 § 20)

   A.   It is unlawful and a person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and advertises the presentation of any activity prohibited by any applicable state statute or local ordinance.

   B.   It is unlawful and a person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and displays or otherwise exhibits the materials and/or performances at such sexually oriented business in any advertising which is visible outside the premises. This prohibition shall not extend to advertising of the existence or location of such sexually oriented business.

   C.   The permittee shall not allow any portion of the interior premises to be visible from outside the premises.

   D.   All off street parking areas and premises entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

   E.   Nothing contained in this section of the chapter shall relieve the operator(s) of a sexually oriented business from complying with the ordinances and resolutions of the city, as they may be amended from time to time, or any subsequently enacted city ordinances or resolutions. (Ord. 95-176 § 21)

   A.   A person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and allows such business to remain open for business, or permits any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of one o'clock (1:00) A.M. and nine o'clock (9:00) A.M. of any particular day.

   B.   A person commits a misdemeanor if, working as an employee of a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, said employee engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service, or solicits a service between the hours of one o'clock (1:00) A.M. and nine o'clock (9:00) A.M. of any particular day. (Ord. 95-176 § 22)

The United States supreme court decision in Barnes v. Glen Theatre, Inc., 501 U.S., 111 S.Ct. 2456 (June 21, 1991) which upheld the rights of cities to prohibit live public exposure of a person's private parts, specifically applies to sexually oriented businesses (regardless of whether or not a permit has been issued to said businesses under this chapter), including said businesses where no alcoholic beverages are sold, served, or consumed at the premises.

Public nudity is prohibited within the city, including any sexually oriented business. Any sexually oriented business which is found in violation of this section shall have its permit suspended pursuant to the provisions of section 5.16.140 of this chapter. (Ord. 95-176 § 23)

In addition to the criminal provisions found at other sections this chapter, the following additional criminal provisions shall also apply to sexually oriented businesses.

A person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and said person knows or should know that:

   A.   The business does not have a sexually oriented business permit under this chapter for any applicable classification;

   B.   The business has a permit which is under suspension;

   C.   The business has a permit which has been revoked; or

   D.   The business has a permit which has expired. (Ord. 95-176 § 24)

   A.   It is unlawful for anyone to distribute, for commercial purposes, sell, or offer for sale any device, instrument, or paraphernalia designed or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.

   B.   Such devices, instrument, or paraphernalia include, but are not limited to, phallic shaped vibrators, dildos, muzzles, whips, chains, bather restraints, racks, nonmedical enema kits, body piercing implements (excluding earrings or other decorative jewelry), or other tools of sadomasochistic abuse.

   C.   A violation of this section is a class B misdemeanor punishable by a fine of up to one thousand dollars ($1,000.00) and six (6) months incarceration or both. (Ord. 95-176 § 25)

   A.   It is a defense to prosecution for any violation of this chapter that a person appearing in a state of nudity did so in a modeling class operated:

      1.   By a college, junior college, or university supported entirely or partly by taxation;

      2.   By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

      3.   In a structure:

         a.   Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing,

         b.   Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class, and

         c.   Where no more than one nude model is on the premises at any one time.

   B.   It is a defense to prosecution for a violation of this chapter that an employee of a sexually oriented business, regardless of whether or not it is permitted under this chapter, exposed any specified anatomical area during the employee's bona fide use of a dressing room which is accessible only to employees. (Ord. 95-176 § 26)

In addition to whatever penalties are applicable under the Utah code, if any person fails or refuses to obey or comply with or violates any of the criminal provisions of this chapter, such person upon conviction of such offense shall be guilty of a class B misdemeanor and shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment not to exceed six (6) months in the county jail, or both, in the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense.

Nothing herein contained shall prevent or restrict the city from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.

All remedies and penalties provided for in this section shall be cumulative and independently available to the city, and the city shall be authorized to pursue any and all remedies set forth this section to the full extent allowed by law. (Ord. 95-176 § 27)

The city and its designee, the city marshal's office, and all other departments and agencies, and all other city officers, agents, and employees, charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon a sexually oriented business while acting within the scope of authority conferred by this chapter. (Ord. 95-176 § 28)