Title 5
Business Taxes, Licenses & Regulations
Chapters:
5.04 Business Licenses Generally............... 5 - 1
5.08 Business License Fees........................ 5 - 9
5.12 Liquor Law............................................. 5 - 15
5.16 Sexually Oriented Business (S.O.B.).. 5 - 33
5.18 Home Occupations............................. 5 - 48
5.20 Residential Solicitation....................... 5 - 50
Title 5
Business Taxes, Licenses & Regulations
Chapter 5.04 C Business Licenses Generally....................... 5 - 1
5.04.010 Purpose. .......................................................... 5 - 1
5-04-015 Definitions........................................................ 5 - 1
5.04.020 LicenseCRequired. ......................................... 5 - 1
5.04.030 LicenseCNontransferable. .............................. 5 - 1
5.04.040 LicenseCIneligible Business. ...........................5 - 1
5.04.050 Rules and Regulations Posting. ..................... 5 - 2
5.04.060 License ApplicationCRequirement Generally.. 5 - 2
5.04.070 License ApplicationCContents. .........................5- 2
5.04.080 License ApplicationCFiling. .............................. 5 - 2
5.04.090 License ApplicationCReferral. ......................... 5 - 2
5.04.110 License ApplicationCReport of Investigation. .. 5 - 3
5.04.120 License ApplicationCCouncil Action. ............... 5 - 3
5.04.130 License ApplicationCApproval. ........................ 5 - 3
5.04.135 License ApplicationCApproval by the City Recorder.... 5 - 3
5.04.140 License ApplicationCDenial. ............................ 5 - 3
5.04.150 License FeeCLicense Period........................... 5 - 4
5.04.160 License FeeCCombination. ............................. 5 - 4
5.04.170 License FeeCNon-Refundable. ....................... 5 - 4
5.04.180 InvestigationCRefusal Prohibited. ................... 5 - 4
5.04.190 CertificateCContents. ...................................... 5 - 4
5.04.200 CertificateCPosting. ........................................ 5 - 4
5.04.210 CertificateCOfficial Inspection. ........................ 5 - 4
5.04.220 CertificateCMisuse Prohibited. ........................ 5 - 5
5.04.230 Pornography ViolationCApplicability. ............... 5 - 5
5.04.240 Pornography ViolationCLicense Revocation. .. 5 - 5
5.04.250 Pornography ViolationCNew License Refusal. . 5 - 5
5.04.260 Pornography ViolationCLicense Issuance Refusal. .5 - 5
5.04.270 Pornography ViolationCLicense Refusal Hearing. .. 5 - 5
5.04.280 Pornography ViolationCHearing Procedure. ..... 5 - 5
5.04.290 Pornography ViolationCOperation of Business Prohibited. . 5 - 5
5.04.300 Failure to Pay Assessment. .................. 5 - 6
5.04.310 Fee RecoveryCCivil Action. ................... 5 - 6
5.04.320 Prosecution of Civil Action. .................... 5 - 6
5.04.330 Enforcement not to Conflict with Penalties. . 5 - 6
5.04.340 License RevocationCNotice. .................. 5 - 6
5.04-345 Suspension, Revocation, Refusal to Renew License - Hearing.. 5 - 7
5.04.350 License RevocationCEffect. .................. 5 - 7
5.04.360 License RevocationCNew license Waiting Period. . 5 - 7
5.04.370 Reciprocal Recognition of Licenses. ..... 5 - 7
5.04.380 Violation. ................................................. 5 - 8
Chapter 5.08 C Business License Fees................. 5 - 9
5.08.010 Auctioneer. ............................................. 5 - 9
5.08.020 Bakery. .................................................. 5 - 10
5.08.030 Boxing or Wrestling Matches. .............. 5 - 10
5.08.040 Bus LinesCMotor Buses. ..................... 5 - 10
5.08.050 Cabaret. ............................................... 5 - 10
5.08.060 CarnivalCCircus. ................................. 5 - 10
5.08.070 Cleaning and Dyeing Establishments. .. 5 - 10
5.08.080 Confectionery. ....................................... 5 - 11
5.08.090 Contractors. .......................................... 5 - 11
5.08.100 Dance Hall. ........................................... 5 - 11
5.08.110 Entertainment Devices. ....................... 5 - 11
5.08.120 Food, Dry Goods and Groceries. .........5 - 12
5.08.130 Gasoline DealerCRetailer Service Station. .. 5 - 12
5.08.140 Gasoline DealerCWholesale. ................5 - 12
5.08.150 HotelsCMotels. ...................................... 5 - 13
5.08.160 Junk Collection....................................... 5 - 13
5.08.170 Junk DealerCSalvage Yard.................... 5 - 13
5.08.180 Peddlers. ............................................... 5 - 13
5.08.185 Rental Unit...............................................5 - 13
5.08.190 Restaurants. .......................................... 5 - 13
5.08.200 Slaughter Houses, Etc. ......................... 5 - 14
5.08.210 Solicitors. .............................................. 5 - 14
5.08.220 Theater. ................................................ 5 - 14
5.08.230 Fees for Occupations not Covered. ......5 - 14
5.08.240 Violation. ............................................... 5 - 14
Chapter 5.12 C Liquor Laws................... 5 - 15
5.12.010 Definitions. ........................................... 5 - 15
5.12.015 Business Areas. .................................. 5 - 19
5.12.020 Restaurant Liquor Licenses. ............... 5 - 19
5.12.030 Application and Renewal Requirements. . 5 - 20
5.12.040 Restaurant Qualifications. ................... 5 - 21
5.12.050 Private Clubs. ...................................... 5 - 21
5.12.060 Single Event Permits. ......................... 5 - 21
5.12.070 Single Event Qualifications. ............... 5 - 22
5.12.080 License Requirements. ..................... 5 - 22
5.12.090 Beer Retailer License. ...................... 5 - 22
5.12.100 Beer Retailer Qualifications. ............ 5 - 24
5.12.110 Beer Retail Application and Renewal Requirements. .... 5 - 24
5.12.120 Package Stores. ................................ 5 - 24
5.12.130 Qualification of Employees. ............... 5 - 24
5.12.140 Duty to Report Change of Ownership. . 5 - 25
5.12.150 Investigation by Chief of Police. ............ 5 - 25
5.12.160 Investigation by Health Department. ......5 - 26
5.12.170 Investigation by Fire Chief. ................... 5 - 26
5.12.180 Issuance of Licenses; Renewal. .......... 5 - 26
5.12.190 Display of License. ............................... 5 - 26
5.12.200 Transfer of License. ............................. 5 - 26
5.12.210 Discretion of Council; Licenses Revocable. ...... 5 - 26
5.12.220 Prohibited to Intoxicated Person.; ........ 5 - 27
5.12.230 Selling to Minors. .................................. 5 - 27
5.12.240 Licensee Permitting Minor on Premises. .... 5 - 27
5.12.250 Minor Serving Alcohol. .......................... 5 - 27
5.12.260 Parent or guardian Permitting Minor on Premises. ..... 5 - 28
5.12.270 Minor on Premises. .............................. 5 - 28
5.12.271 Minor in Possession. ............................ 5 - 28
5.12.280 Entering Premises Violating State and City Laws. ... 5 - 28
5.12.290 Days of Sale; Closure. ........................ 5 - 28
5.12.300 Advertising Requirements. ................. 5 - 28
5.12.310 Consumption On Off-Premises License. ... 5 - 28
5.12.320 Illumination of Premises. .................... 5 - 28
5.12.330 Nuisances on Licensed Premises. .... 5 - 29
5.12.340 Beer Acquired from Brewer or Wholesaler. .. 5 - 29
5.12.350 On - Premises Employee. ................. 5 - 29
5.12.360 Gambling Devices in Licensed Premises. ..... 5 - 29
5.12.370 Restrictions on Brewer, Jobber, and Wholesaler. .5 - 29
5.12.380 Premises Accessibility to Police Officer. . 5 - 29
5.12.390 Warning of Approach of Police. ....... 5 - 29
5.12.400 Disorderly Conduct On - Premises. . 5 - 30
5.12.410 Lewd Conduct On - Premises. ......... 5 - 30
5.12.420 Solicitation for Immoral Purposes On - Premises. . 5 - 30
5.12.430 Begging Drinks On - Premises. ....... 5 - 30
5.12.440 Sale During License Revocation or Suspension. . 5 - 30
5.12.450 Licensee Responsibility. .................. 5 - 30
5.12.460 Search of Licensed Premises. ....... 5 - 30
5.12.470 Penalty for Violation. ....................... 5 - 31
Chapter 5.16 C Sexually Oriented Business (S.O.B.)......... 5 - 33
5.16.010 Title................................................. 5 - 33
5.16.020 Purpose.......................................... 5 - 33
5.16.030 Applicability..................................... 5 - 33
5.16.040 Definitions...................................... 5 - 33
5.16.050 Statutory Provisions...................... 5 - 35
5.16.060 Location and Name Restrictions.. 5 - 36
5.16.070 Legitimate and Artistic Modeling... 5 - 36
5.16.080 Categories of Licenses; Number Limited... 5 - 36
5.16.090 License Required.......................... 5 - 37
5.16.100 Application; Disclosures............... 5 - 37
5.16.110 Fees.............................................. 5 - 39
5.16.120 Bond Required...............................5 - 39
5.16.130 Issuance Conditions..................... 5 - 39
5.16.140 Term of License............................ 5 - 41
5.16.150 Notice of Change of Information... 5 - 41
5.16.160 Transfer Limitations...................... 5 - 41
5.16.170 Display of License......................... 5 - 41
5.16.180 Statement in Advertising............... 5 - 41
5.16.190 Regulations and Unlawful Activities....... 5 - 42
5.16.200 Outcall Services; Operation Requirement.. 5 - 42
5.16.210 Design of Premises...................... 5 - 43
5.16.220 Alcohol Prohibited......................... 5 - 44
5.16.230 Prohibited Activities...................... 5 - 44
5.16.240 Defenses to Prosecution............. 5 - 45
5.16.250 Existing Businesses; Compliance Time Limits....... 5 - 45
5.16.260 Suspension or Revocation of License........ 5 - 45
5.16.270 Violation; Penalty.......................... 5 - 46
Chapter 5.18 C Home Occupations........... 5 - 48
5.18.010 Conditions. ................................... 5 - 48
5.18.020 Public Nuisance. .......................... 5 - 48
5.18.030 Action. .......................................... 5 - 48
5.18.040 Judgment. .................................... 5 - 48
5.18.050 Criminal Prosecutions. ................ 5 - 49
5.18.060 Nonconforming Uses. .................. 5 - 49
5.18.070 Violation. ....................................... 5 - 49
Chapter 5.20 C Residential Solicitation........ 5 - 50
5.20.010 Purpose. ...................................... 5 - 50
5.20.020 No Other City License or approval Required. ... 5 - 50
5.20.030 Definitions. ................................... 5 - 50
5.20.040 Exemptions from Chapter. .......... 5 - 54
5.20.050 Solicitation Prohibited. ................. 5 - 55
5.20.060 Registration of Solicitors. ............ 5 - 55
5.20.070 Application Form. ........................ 5 - 55
5.20.080 Written Disclosures. ................... 5 - 56
5.20.090 When Registration Begins. ......... 5 - 57
5.20.100 Issuance of Certificates. ............. 5 - 57
5.20.110 Form of Certificate and Identification Badge. .5 - 58
5.20.120 Maintenance of Registry. ........... 5 - 58
5.20.130 Non-Transferability of Certificates.... 5 - 58
5.20.140 Denial, Suspension or Revocation of a Certificate of Registration. 5 - 58
5.20.150 Appeal........................................... 5 - 59
5.20.160 Deceptive Soliciting Practices Prohibited. ...5 - 60
5.20.170 "No Soliciting" Notice. .................. 5 - 61
5.20.180 Duties of Solicitors. ..................... 5 - 61
5.20.190 Time of Day Restrictions. ........... 5 - 61
5.20.200 Buyer's Right to Cancel. ............. 5 - 61
5.20.210 Penalties. .................................... 5 - 61
Chapter 5.04 C Business Licenses Generally
5.04.010 Purpose. The provisions of this chapter are designed and enacted for the purpose of promoting the safety, health and prosperity and for improving the morals, peace, good order, comfort and convenience of the city and the inhabitants thereof, protecting property therein and regulating various types of businesses and business activity defined in this title and for raising revenue therefrom. (Prior code '15-3-1)
5.04.015 Definitions. For the purpose of this chapter, the following terms shall have the meaning herein prescribed:
A. Business. Includes all activities together with any devices, machines, or vehicles used therein for the purpose of gain or economic profit.
B. Engaging in Business. One act constitutes engaging in business, and includes, but is not limited to, the sale of tangible personal or real property and the rendering of personal services for others for a consideration by persons engaged in any craft, business, occupation, or other calling.
C. New Business. Any activity that results in gain or economic profit, which has not been conducted just previously by another licensee on the premises.
D. Person. An individual, individuals, tenants in common, joint tenants, a corporation, partnership, firm, limited partnership, or any other association of individuals, however comprised or designated.
E. Temporary or Seasonal Merchant. A person who sells products for a given period of time at a temporary location; i.e. fruit, vegetables, flowers, Christmas trees, hand crafted items etc.
F. Home Occupation. The use of a portion of a dwelling or accessory building, studio, or work room for occupation at home and subject to rules and regulations or the city zoning ordinance. (Ord.2000-27, 12/12/00)
5.04.020 LicenseCRequired. It is unlawful for any person to engage in or carry on or operate any business in the city or use any property for such business, or allow any property to be used for any such business until the person has first made application for and obtained a valid license for the business, and have paid in advance the appropriate license fees for the business as provided for in this title. (Prior code '15-3-2)
5.04.030 LicenseCNontransferable. No license granted or issued under the provisions of this chapter or any other chapter dealing with the licensing of businesses, shall be in any manner assignable or transferable, or shall authorize any other business than that specifically mentioned therein; provided, that any person to whom one or more licenses have been issued to transact or carry on some business at some definite location in the city, except as provided in this title, may make application for the transfer of any or all of his said licenses for the sole purpose of transacting or carrying on the same business as authorized in the license or licenses at some other definite location in the city by filing an application for such transfer with the city recorder. No application shall be approved unless the business as conducted in the new location shall be conducted in the same manner and by the same persons as was the case when such business was conducted in the original location. The city council or city recorder, after examination of all appropriate reports, may in their discretion, deny or grant the transfer of such licenses strictly within the above limitations. (Ord.2000-27, 12/12/00: prior code '15-3-3)
5.04.040 LicenseCIneligible Business. It shall be unlawful to peddle or offer for sale in any place except a duly licensed business establishment licensed for such purpose, any medicine, nostrum or remedy of any character or description, and no license shall be issued for such purpose, except that this shall not apply to the sale of medicines, nostrums or remedies, packaged or labeled in compliance with the requirements of the Federal Food, Drug and Cosmetic Act and regulations thereunder, and similarly applicable laws and regulations of the state. (Prior code '15-3-4)
5.04.050 Rules and Regulations Posting. Rules and regulations covering health, safety, morals, peace, good order, comfort and convenience of the general public with respect to any business covered under this title shall be adopted by the city council and copies of such rules and regulations shall be made available to and displayed by the licensees affected thereby in a conspicuous place upon the licensed premises. (Prior code '15-3-5)
5.04.060 License ApplicationCRequirement Generally. All applications for licenses shall be made in writing and submitted to the city recorder upon a prepared form which may be obtained from such department. (Prior code '15-4-1)
5.04.070 License ApplicationCContents. Each application shall show the following:
A. The name and address of the person desiring a license. If the applicant is a copartnership, the names and addresses of all officers and directors.
B. The kind of license desired, stating the business to be performed, practiced or carried on.
C. The class of license desired, if such licenses are divided into classes.
D. The place where such business is to be carried on, giving the street number, if such business is to be carried on in any building or enclosure or stated location.
E. The period of time for which such license is desired to be issued.
F. Such other facts and information as may be required by ordinance, the statutes of the State of Utah and the city council.
G. In addition to the information in this section, the application for an auctioneer's license shall be accompanied by a verified petition stating that neither fraud nor deception of any kind is contemplated or will be practiced and that neither the sale, the reasons given therefor, nor the goods to be sold have been, or will thereafter be fraudulently or falsely advertised or in any way misrepresented as far as the public auction is concerned. The application shall also set forth in detail what statements or representations are to be made or advertised regarding the goods to be sold and whether or not the applicant has been previously engaged in a like or similar business, designating the place where the same was conducted. (Prior code '15-4-2)
5.04.080 License ApplicationCFiling. Each application for a license under this chapter shall be filed by the applicant with the city recorder and shall be accompanied by the license fee required to be paid for the issuance of the license desired. The fee may be in the form of cash or check made payable to the city, certified cashier's check, or a bond running in favor of the city conditioned upon the payment of the license fee of the city in the event of the issuance of the license. Applications received by the city recorder shall be numbered in the order of their receipt and shall be filed in numerical sequence in the license department. (Prior code '15-4-3)
5.04.090 License ApplicationCReferral and Investigation. After receipt of an application for a license or for the renewal of a license, if, in the judgment of the city council, city recorder, or as required by this chapter, it is determined that further review of the application is necessary to determine compliance with the requirements of this chapter, the application shall be referred to the chief of police or the city building inspector, or other official or body, for the investigation and inspection of the general reputation and character of the person making the application, or directly interested therein, the general reputation of those who would patronize the business if such license were granted, the nature and kind of the applicant=s business, whether such place has been conducted in a lawful manner and in accordance with the standards of the community of Pleasant View as a whole where the application is for the continued operation of a business theretofore permitted by the laws of the city to so operate, to determine if the operation of the business has and will meet the health and safety requirements required for similar businesses, together with any fact or facts which might have an effect on the granting or denial of the license. (Ord.2000-27, 12/12/00: prior code '15-4-4)
5.04.110 License ApplicationCReport of Investigation. Upon being requested to do so the city recorder, chief of police, building inspector or other official or body shall conduct the investigation and inspection provided for in this section, and within five days after receiving such request, the person shall submit a report of his investigation to the city council or city recorder, together with his recommendations as to whether the license should be granted or denied. (Ord.2000-27, 12/12/00: prior code '15-4-6)
5.04.120 License ApplicationCCouncil Action.
A. After receiving the report and recommendation prescribed in Section 5.04.110, if in the opinion of the city recorder that there are extenuating circumstances of health, safety and welfare concerns, the city recorder will not grant the license applied for but refer the application to the city council who shall make such disposition respecting the granting or denying of the license applied for, or may order further investigation concerning the application as it shall in its sole discretion deem necessary to effect the purpose of the provisions in this title.
B. An application for a business license may be denied a license to operate a business within the City if any of the following conditions are met:
1. The person or business has previously engaged in operating a business within the city without first obtaining a license, unless the person or business has first paid all back business license fees to the city for the time they engaged in business in the city without a license;
2. There are misrepresentations made by the applicant on the application for a business license;
3. The business would be in violation of city zoning laws;
4. The business when operating would be in violation of any city ordinances enacted to protect health, limit noise, reduce nuisances, maintain peace, or provide for the comfort and enjoyment of residents within the city. (Ord.2000-27, 12/12/00: prior code '15-4-7)
5.04.130 License ApplicationCApproval by the City Council. In the event the city council shall approve any application for a license pursuant with the provisions of this section, such approval shall be recorded in the minutes of the city council, and shall be forwarded to the city recorder who shall forthwith issue a license certificate therefor in accordance with the provisions of this title. (Ord.2000-27, 12/12/00: prior code '15-4-8)
5.04.135 License Application - Approval by the City Recorder. The city recorder has the authority to grant a temporary license subject to city council review. In the event the city recorder shall approve any application for a license pursuant with the provisions of this section, the city recorder shall also inform the applicant of the temporary nature of the license, and shall submit to the city council at their last meeting of each month a list of applications approved by the city recorder. The city council shall affirm or reverse the decisions of the city recorder. In the event the city council reverses a decision, the applicant will be sent notice of the city council=s decision of the denied license status as prescribed in Section 5.04.140. (Ord.2000-27, 12/12/00)
5.04.140 License ApplicationCDenial. In the event the city council or city recorder shall deny any application for a license, the reasons for such denial shall be placed on the application so denied by the recorder who shall return the application together with any fees deposited with the application to the applicant, the city recorder shall also inform the applicant of his right to appear before the city council to contest the denial. If the applicant makes such an appearance, upon presentation to the city council of sufficient reasons why such application should not be denied, the city council may in its discretion, set aside the denial and approve the application. If the application is approved the city council shall dispose of the matter in accordance with Section 5.04.130. (Ord.2000-27, 12/12/00: Prior code '15-4-9)
5.04.150 License FeeCLicense Period.
A. All licenses provided for in this title shall except as provided in this title, be payable annually in advance commencing January first, and unless revoked as provided in this chapter, shall be effective through the following December 31st unless otherwise provided for. A license fee thereof shall be in the same proportion to the yearly fee as the remainder of the license year shall bear to the whole license year.
B. All license fees shall be paid to the city recorder. (Prior code '15-4-10)
5.04.160 License FeeCCombination. Where two or more duly licensed businesses are conducted within a single establishment by the same license applicant a combination license may be issued therefor. However, such combination license shall not include license for beer, amusement devices, shuffle boards or automatic baseball, marble or pinball machines. The annual fee for such combination license shall be the total of the highest single license fee contained in such combination license plus one-half of the single license fee or fees for each other business contained in the combination license. Only application fee need be made and the license certificate shall enumerate the various types of businesses for which the combination license is granted. (Prior code '15-4-11)
5.04.170 License FeeCNon-Refundable. No license fee or any part thereof shall be refunded for any reason once the license has been granted by the city council and issued in compliance with the provisions of this title. (Ord.2000-27, 12/12/00: prior code '15-4-12)
5.04.180 Investigation | 
