HomeMy Public PortalAboutORD-CC-2003-05CITY OF MOAB ORDINANCE NO. 2003-05
AN ORDINANCE AMENDING CERTAIN PROVISIONS OF
THE CITY OF MOAB BUSINESS LICENSING CODE
Title Five of the City of Moab Municipal Code is repealed in its entirety and reenacted as
follows:
5.04.010 Business License Required.
A. No person shall engage in or carry on any business, trade, profession, or enterprise
within the City of Moab without first obtaining a business license as required by this
Chapter.
1. Persons doing business within the City of Moab who also possess a valid
Grand County business license shall be exempt from further licensure for the
business subject to the Grand County license, provided Grand County shall
similarly exempt city licensees doing business in Grand County from further
licensure, and provided that a copy of said County license shall be provided to the
City.
B. The term "business" shall be defined as the exchange of goods or services in
exchange for consideration, payment, or other value,. The term "business" shall not be
defined to include:
1. The acts of employees in performing services for employers;
2. Occasional or incidental sales by city or county residents which are not
conducted as part of a person's regular trade or profession. Such activity shall not
exceed three days per year, except as otherwise provided for in this Chapter.
3. This Chapter shall not apply to sales of farm produce where such sales are
conducted by persons who produce such items and the sales are conducted on private
property. "Farm produce" shall be defined to mean fresh fruit, vegetables, herbs or
grains.
C. Violation of this Section may be punishable, at the election of the City, as a Class C
misdemeanor, as defined under the Utah Code, or by civil action to enjoin or abate the
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violation. Proof of a violation of this section shall be sufficient to obtain an injunction. In
the event of civil enforcement, the City may recover its reasonable attorney fees and court
costs against the violator.
5.04 020 Business License Fee.
A. From time to time the City Council may by resolution establish business license fees
for businesses operating within the city limits. Fees shall be categorized for each class of
business and shall be uniform with respect to all businesses falling within the same class.
B. Fees shall be calculated, to the extent possible, to proportionately recoup costs for
city services, regulatory costs, staff time, and disproportionate impacts upon city services
generated by a particular business type. Additional fees over the base business license fee
are authorized for businesses generating disproportionate impacts.
1. "City services" subject to consideration in enacting business license fees
shall include basic costs for city administration in addition to specific costs
incurred by the City for public utilities, police protection, fire and public safety,
storm water control, traffic control, parking, transportation, beautification, and
snow removal.
2 "Disproportionate impacts" shall be defined as businesses generating
demands for services in excess of the per business statistical average of demand
for services of all businesses within the City.
3. City staff is authorized to periodically review business classifications, the
license fee rates in relation to actual costs, any changes in the relative demands
for city services by businesses, and to make recommendations to the City Council
for changes or adjustments to the fee structure.
5.04.030 Application.
A. Persons wishing to obtain a business license shall submit an application with the City
Recorder containing the following:
1. The name and address of the applicant, telephone number, trade name, and
type of business entity of the applicant;
2. The business address;
3. A description of the type of business;
4. The sales tax license number of the applicant (if applicable) within 30
days of application; and
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5. A driver's license or other satisfactory proof of identity; and
6. Any other information deemed necessary by the Recorder to process the
application, including without limitation, information concerning Municipal Code
compliance, zoning for the business address, parking compliance, hours of
operation, health code compliance, building code compliance, fire code
compliance, business name as registered with the Utah State Tax Commission,
access requirements, and other state, federal, or city licensure requirements. The
Recorder may permit the applicant to supplement an application with additional
information as necessary.
B. A business license application shall be executed by the applicant or its authorized
agent, who shall certify that all statements contained in the application are true and correct to
the best of the applicant's knowledge, information, and belief
C. An application is complete when the application form is complete, all supplemental
information requested by the Recorder is provided, the document is signed, and the
applicable business license fee is paid to the City.
D. A completed application that does not require City Council or Planning Commission
approval shall be approved or denied within ten business days of submittal. Where an
application does not meet all approval criteria, but the applicant can demonstrate the ability
to comply within a reasonable period of time, the Recorder may conditionally approve the
license subject to compliance with specified conditions within a specified time period.
E. Applicants who request cancellation of a license application prior to approval of said
license shall be refunded 50% of the license fee. No refunds shall be granted after the
license has been approved.
5.04.040 Grounds for Denial.
A. An application for a business license may be denied for any of the following grounds:
1. False, inaccurate, or misleading statements by the applicant in the
application for business license, or any supporting documents;
2. Municipal Code violations, including but without limitation, violations of
zoning, sign code, building, health, or fire code provisions by the applicant or the
owner of the business address of the proposed place of business which are not
corrected within the allotted time period following issuance of notice to the owner
and/or applicant;
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3. The expiration, revocation, or denial, of any federal, state, or city permits
or licenses necessary for the legal operation of the business;
4. Failure by the applicant or the premises owner to pay water, sewer, solid
waste collection, or other city charges, fees, fines, or assessments owing;
5. Failure by the applicant to obtain or maintain a state sales tax license (if
applicable).
6. The use contemplated by the proposed business is not consistent with the
zone in which the proposed business is to be located.
B. If a license is denied the applicant shall be entitled to a refund of the license fee,
which shall be refunded within five business days.
5.04.050 Appeal of License Denial.
A. An applicant denied a business license of any type shall be entitled to written notice
of the action from the City Recorder. An aggrieved applicant may appeal a license denial to
the City Council by filing a written notice of appeal within five business days of the notice of
decision. Failure to timely request an appeal shall result in waiver of the appeal right. The
City Council shall hear the appeal no later than fifteen business days from the date of the
appeal notice. The Council may sustain the denial, grant the license, or grant the license
subject to conditions.
5.04.060 License Term, Renewal, Display, Change of Address.
A. Licenses granted under this section are valid from July 1 to June 30 and are
renewable annually on or before June 30. The fee for any license issued after January 1 of
each year shall be prorated to 50% of the applicable annual fee.
B. Licenses shall be renewed automatically upon payment of the license fee on or before
July 1 of each year, provided there has been no change in the nature or classification of the
business, and provided further that there are no outstanding Municipal Code violations or
unpaid city charges, fees, fines, or assessments.
1. Licensees having outstanding code violations, unpaid charges, fees, or
fines are not subject to renewal until said violations are abated and/or fees paid.
Persons conducting business after expiration of their license are subject to the
remedies and penalties described in Section 5.04.010(C).
C. Renewal license fees that are not paid within 30 days of the renewal date are subject
to a 15% late charge in addition to the total fee payable. Failure to pay all applicable license
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fees, together with late fees by August 15 of each year shall result in automatic cancellation
of the license.
D. Every license issued under this Chapter shall be displayed in a visible location upon
the licensed premises.
E. Licensees who wish to change business locations are required to apply for a Business
Change of Address prior to conducting business at the new location.
5.04.070 Assignment Prohibited, Application Upon Transfer.
A. No license issued under this Chapter may be assigned or transferred to any person
or entity not named therein; nor shall any license authorize any person other than the named
licensee to do business at the licensed premises or any other location.
B. Upon the sale, conveyance, or transfer of a business or substantially all of the
licensee's interest in a business, the new owner or transferee shall, within ten business days of
completion of the conveyance or sale, apply for a business license.
5.04.080 License Revocation, Grounds.
A. The following shall be grounds for business license revocation:
1. False, inaccurate, or misleading statements by the applicant in the
application for a business license, or any supporting documentation;
2. Municipal Code violations, including but without limitation, zoning, sign,
building, health, and fire code provisions by the licensee or the owner of the
business address which are unabated within the allotted time period following
issuance of notice of violation to the owner and/or licensee;
3. The expiration, revocation, or denial of any federal, state, or city licenses
or permits necessary for the legal operation of the business;
4. Failure by the licensee or the premises owner to pay water, sewer, solid
waste collection, or other city charges, fees, fines, or assessments owing;
5. Failure by the licensee to obtain or maintain a sales tax license, failure to
collect or remit sales tax, or violations of the sales tax law, if applicable; or
6. The use of the licensed premises for any unlawful purpose or enterprise or
the maintenance of a public nuisance, as defined by Utah law.
7. Any violation of the Utah Alcoholic Beverage Control Act.
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5.04.090 Revocation Procedure, Right to Cure
A. Prior to revocation, the City Recorder shall issue a written notice of violation, which
notice shall describe the nature of the violation and permit the licensee a period of not less
than ten business days in which to correct or abate the violation. The abatement period may
be extended by action of the City Manager upon a showing of good cause. The notice shall
also inform the licensee that the license will be revoked not less than ten business days from
the date of notice if violation is not corrected within the ten-day period.
B. The notice shall be personally served or delivered by certified mail or first class mail
to the last known address of the licensee. The licensee shall be entitled to request a hearing
by delivering a written request to the City any time prior to the effective date of the license
revocation, as stated in the notice of violation. Failure to timely request a hearing shall be a
waiver of the right to a hearing. Timely request for a hearing shall result in the revocation
being stayed until completion of the hearing.
C. Hearings shall be conducted informally and shall be presided over by the City
Manager. The licensee shall be permitted to offer any evidence or testimony in support of
his/her position. Should the testimony, documents, or other evidence establish a violation
the license shall be revoked.
D. Following an informal hearing before the City Manager, a person aggrieved by any
revocation may appeal the decision by delivering written notice of same within ten business
days of the notice of decision. Timely notice of appeal will result in stay of the revocation
pending the appeal hearing. Any appeal shall be heard by the City Council no later than ten
business days from the delivery of notice of appeal. The Council may sustain or overturn the
decision.
E. Exhaustion of administrative remedies shall be a jurisdictional prerequisite to seeking
judicial review.
F. Any person violating a revocation decision shall be subject to the remedies and
penalties as described in Section 5.04.010(C).
5.04.100 Collection Action.
A. The City may file a civil action against any business licensee or former licensee for
any type or class of license to collect any unpaid business license fees, together with all
applicable charges for water, sewer, solid waste collection, and any other charges, fees,
assessments or penalties chargeable to the business, together with reasonable costs of
collection, including attorney fees and court costs.
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5.04.110 Restaurant and Club Liquor License — Business License Processing.
A. The terms "restaurant," "club," and "alcoholic beverages" shall be defined as set
forth in U.C.A. 32A-1-105.
B. Any person who, at the time of applying for a business license, intends to operate
a restaurant, club, special event, or special business event where alcoholic beverages are
sold for on -premise consumption, shall disclose that information on the application under
this Title. Business license, special event, or special business event applications subject
to this Section shall be processed concurrently with the applicable alcohol license
(Private Club, Class I, Class II, and Class IV licenses) pursuant to the procedures and
standards contained in chapter 5.20 of this Title.
C. Approval of the business license concurrent with the applicable local alcohol
license by City Council, constitutes "local consent" as defined by Title 32A of the Utah
Alcoholic Beverage Control Act.
D. Nothing in this Section shall be construed to supersede or permit the distribution
of alcoholic beverages other than as provided in the Alcoholic Beverage Control Act. All
persons shall comply with applicable state licensure regulations in addition to the
provisions of this Title.
E. Issuance of a business license under this Title shall not constitute "local consent"
as defined by Title 32A of the Utah Alcoholic Beverage Control Act unless the applicant
discloses its intent to serve alcoholic beverages and the application is processed in
accordance with this Section. Licensees who later wish to obtain an alcoholic beverage
license shall obtain the necessary local consent or alcohol license as provided by City
Code and state law.
Chapter 5.08
Transient Merchants
5.08.010 Transient Merchants.
A. A "transient merchant" is defined as any person conducting business within the City
of Moab selling goods or services from a location other than a fixed store or office within the
city limits. The term "transient merchant" shall not be defined to include persons soliciting
donations for qualified charitable or philanthropic organizations, persons soliciting support
or financial contributions for a political candidate or cause, or petitioning activity.
B. Transient merchants shall obtain a business license and comply with all of the
provisions of Chapter 5.04 together with the provisions in this Chapter.
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5.08.020 Applicant Information.
A. In addition to the information required of all business license applicants under
Section 5.04.030, a transient merchant applicant shall supply the following:
1. A permanent home address, business address, and telephone number,
together with the applicant's temporary address;
2. A description of the type of business and the goods or services to be
offered for sale;
3. The proposed geographic area where business is to be conducted and the
duration of activity, and the proposed hours of operation;
4. A statement disclosing any criminal convictions for the applicant other
than convictions for traffic offenses, and including disclosure of any convictions
for crimes involving deceit, fraud, theft, burglary, or any violent crimes including
assault, robbery, sexual assault, child abuse, or homicide.
5.08.030 Grounds for Denial.
A. The existence of any of the following may be grounds for denial of a transient
merchant license:
1. Any of the grounds identified in Section 5.04.040;
2. Evidence of civil judgments against the applicant involving fraud,
conversion, violations of consumer protection statutes, or similar grounds; or
3. A history of consumer complaints against the applicant establishing unfair
or dishonest trade practices, sales of shoddy, defective, or dangerous goods, or the
like.
4. Any of the criminal convictions listed in 5.08.020 (4).
5.08.040 Revocation
A. Any of the grounds identified in sections 5.04.080 and 5.08.020 shall be grounds for
revocation.
5.08.050 Agent for Service of Process.
A. A condition upon the issuance of any Transient Merchant License is the irrevocable
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consent by the licensee to the nomination of the City Recorder as its agent for service of
process for any claims derived from the applicant's business activities within the City.
Additionally, the applicant stipulates to venue in the courts of Grand County, Utah for any
action involving its business activities in the City.
B. Should the City Recorder be served with process for any licensed transient merchant,
a complete copy of the summons and complaint shall be mailed by certified mail, return
receipt requested, to the licensee's business address, as contained in the application.
5.08.060 Display.
A. Every licensed transient merchant shall possess and display upon demand a copy of
its business license.
5.08.070 License Term.
A. The transient merchant license shall be valid for a period of 12 months from the date
of issuance.
5.08.080 Temporary Commercial Structures.
A. Transient merchant license applicants intending to operate from a temporary
commercial structure may apply for a license contingent upon approval by the City Council
of a temporary commercial structure permit for the business, as provided under Chapter 5.64.
In the event the temporary commercial structure permit is denied the transient license will
not be issued and all transient merchant license fees shall be refunded.
5.08.090 Appeal, Denial and Revocation Procedure.
A. A person denied a transient merchant license shall be entitled to appeal that decision
pursuant to the procedure provided in Section 5.04.050. Revocation of licenses shall be
governed by the procedures provided in Section 5.04.090.
Chapter 5.09
Special Event Permits and Business Licenses
5.09.010 Special Event Business License.
A. For purposes of this Title, a "Special Business Event" shall be defined as an event
where retail sales are conducted and/or entrance fees are charged, or other similar event open
to the public where vendors offer goods or services. Special business events are of limited
duration, not to exceed fourteen consecutive days.
B. A "Special Event" shall be defined to include gatherings, parades, rallies,
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celebrations or other similar events that do not include business activity, whether open to the
public or not, where daily attendance may exceed one hundred persons or that have a
quantifiable impact to city services or the health, welfare or safety of citizens. Special
events are of limited duration, not to exceed fourteen consecutive days.
C. Every person wishing to sponsor a special business event or a special event shall
obtain the applicable permit and or business license and comply with the provisions of this
Chapter.
D. Performing arts events held at established performing arts venues, including the
Grand County High School Auditorium, the Moab Arts and Recreation Center and Star Hall,
shall not be considered special business events, provided that the sponsoring entity follows
all other licensing requirement of this Chapter.
E. Performing arts events held at established performing art venues, including the Grand
County High School Auditorium, the Moab Arts and Recreation Center and Star Hall, shall
not be considered special events.
5.09.020 Application Materials.
A. All applicants shall provide the following:
1. The name, address, and telephone number of the event sponsor;
2. A description of the event, the proposed location, premises to be used, and
any temporary structures to be used during the event;
3. The proposed dates and times of operation;
4. The anticipated number of event participants;
5. A site plan for the event grounds (if applicable); and
6. Any pertinent information requested by staff concerning impacts
generated by the event including parking, traffic control, security, emergency
medical services, or other similar information.
B. In addition to the information described in subsection A, above, applicants for a
special event business license shall submit the following:
1. A description of the numbers and types of vendors planned for the event;
2. The applicant's sales tax identification number; and
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3. Information concerning all admission charges, booth fees, rental charges,
or similar information relating to fees generated by the event; and
4. Any other information deemed necessary by city staff to adequately plan
for the event and provide for public safety.
5.09.030 Sales Tax Collection.
A. Unless exempted by state law, each special business event licensee shall be
responsible for obtaining a state sales tax license and shall require that all vendors either:
1. Provide proof of a sales tax license and agree to be responsible for direct
remittance of all sales tax proceeds to the state; or
2. Execute a sales tax remittance agreement whereby the vendor delivers
sales tax proceeds to the licensee for remittance to the state under the licensee's
sales tax license.
5.09.040 Standard License and Permit Fees.
A. Special business events sponsored by an existing business licensee shall pay the
special business event fee.
B. Special business events sponsored by a person who does not hold a business license
shall pay the transient merchant fee in addition to the special business event fee.
C. Applicants for a special event license shall pay a special event fee.
D Standard fees shall be set from time to time by resolution of the City Council.
E. Events subject to City Council approval pursuant to 5.09.050(B) may also be subject
to an Event Cost Recovery Surcharge, which shall be defined as a project specific fee to
recover costs incurred by the City for event related police, public safety, utilities, solid
waste, traffic control, and parking, and which may also include or incorporate charges which
would otherwise apply for other land use permits, building permit fees, temporary structure
permits, or other applicable charges.
F. To the extent possible, the Event Cost Recovery Surcharge shall be proportionate to
the impacts and costs generated by the event and shall be calculated to reimburse the City for
unbudgeted expenses for excess public services, staff time, or the like. The City Council
may elect to waive or reduce the Event Cost Recovery Surcharge if the City Council
determines that the special event provides substantial benefits to the community.
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5.09.050 One Step Approval Process.
A. All complete applications shall be subject to a one step review process before either
city staff or the City Council. A "complete application" includes the executed application
form, together with supplemental information requested by staff (if any), and the standard
fees described in 5.09.040, exclusive of any Event Surcharge.
B. City staff shall have the authority to review and issue a special event business license
or special event license, with or without conditions, except where the following apply:
1. The event involves the use of city rights -of -way, city buildings, parks, or
facilities;
2. The event requires issuance of additional licenses or permits which require
City Council approval;
3. The event, whether open to the public or not, is likely to draw in excess of
three hundred people per day of operation;
4. The event is likely to generate unbudgeted fiscal impacts upon the City in
terms of staff time, or the like;
C. In addition to subsection B, above, city staff may elect to refer any complete
application to the City Council for review where the planned event may generate impacts
which are unique, unanticipated, or which may generate significant community concern.
D. All applications not subject to staff approval shall be heard and reviewed by the City
Council, which may grant, deny, or grant with conditions any application. The Council shall
also set Event Cost Recovery Surcharges based upon recommendations of City staff
5.09.060 Conditional Approvals.
A. All permit conditions are material and must be complied with by the licensee.
Failure to abide with permit conditions is grounds for denial or revocation of special
business event license or a special event permit.
B. Permissible conditions may include payment of any applicable special event license
fees, security requirements, liability insurance and/or damage deposits or surety bonds,
indemnification or liability waivers, limits upon days or hours of operation, limits on
numbers of participants, limits on the size and type of lighting, audio or visual equipment, or
sound amplification, emergency medical standby requirements, limits on total acreage to be
used for an event, requirements for additional parking or traffic control, requirements for
sanitation, or similar requirements to promote the public health, safety, and welfare.
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C. For purposes of this Chapter, a license or permit is not deemed granted until the City
Manager shall certify that all permit or license conditions have been satisfied by the
applicant.
5.09.070 Grounds for Denial.
A. A permit or license mandated by this Chapter may be denied on the following
grounds:
1. Any grounds stated in Section 5.04.040;
2. The proposed event presents significant and unacceptable adverse impacts
upon the community, which cannot reasonably be mitigated;
3. The zoning of the proposed event site does not permit the use
contemplated by the applicant; or
4. Refusal or failure of the applicant to pay required fees or to comply with
license or permit conditions; or
5. The existence of site -specific impacts of the proposed license which
render it incompatible with neighboring uses.
5.09.080 Remedies and Penalties.
A. Persons conducting special business events or special events without the license or
permit required by this Chapter, or licensees or permittees who fail or refuse to comply with
permit conditions or the provisions of this Chapter are subject to the civil and criminal
remedies and penalties as described in Section 5.04.010.
B. Applicants who fail or refuse to comply with this Chapter, the Municipal Code, or
permit or license conditions imposed by the City may be subject to revocation pursuant to
the procedures described in Sections 5.04.080, and 5.04.090,.except that the right to cure
period shall be shortened to three (3) days from the notice of violation, and no stay of the
revocation shall be in effect during any appeal, unless granted in writing in the discretion of
the City Manager.
C. Expedited judicial remedies are expressly authorized where violations of this Chapter
or the Municipal Code present an imminent risk to public health, safety, or welfare.
5.09.090 License/Permit Term, Assignment Prohibited.
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A. Unless otherwise specified, a license or permit authorized by this section shall be
valid for the dates specified not to exceed twelve (12) months from the date of issuance.
B. No license or permit authorized by this Chapter shall be assigned.
5.09.100 Special Event License - Moved -on Commercial Structure
A. Special Event Licensees shall be exempted from Chapter 5.64 Moved -on
Commercial Structure fees, however Special Event Licensees using Moved -on Commercial
Structures shall comply with all other provisions of Chapter 5.64.
Chapter 5.14
Local Vendors, Peddlers and Solicitors
5.14.010 Definitions.
For the purposes of this Chapter:
A. A "local vendor" is defined to be any person or any agent, or employee of any person
who shall offer for sale to the public any goods, wares, services, merchandise or foodstuffs
in or from any temporary structure, stand, or other approved place in the city and who has a
permanent place of business within the City or Grand County.
B. A "Solicitor" is defined to be any person who, without a permanent business location
in the City, goes from house to house or business to business, or who conducts sales within
the City by means of telephone solicitation, direct mail, or internet offers to City residents,
for the purpose of selling goods, merchandise, or services for profit.
C. A "Peddler" is a person, with or without a permanent business location in the city,
who goes from house to house, office to office, from street to street, or in public places
conveying or transporting goods, wares, merchandise, or offering or exposing same for sale,
making sales, and/or delivering articles to purchasers.
1. "Solicitor" shall not be defined to include door to door sales of goods, for
fund raising purposes, by volunteer representatives of qualified charitable or philanthropic,
organizations, nor shall the term include petitioning activity or persons traveling door to door
requesting contributions for charitable, philanthropic, or political candidates or causes.
5.14.020 Prohibited practices.
A. It is unlawful for any local vendor, peddler or solicitor to conduct business in such a
manner as to impede or inconvenience any public use area, including, but not limited to
streets, alleys, sidewalks, and public rights -of -way. (Ord. 94-08 (part), 1994)
B. It is unlawful for any solicitor to do any of the following:
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1. persist or remain on private property after the owner or occupant has directed
the solicitor to leave;
2. initiate telephone, mail, or in person contact with a customer or prospective
customer after that person has provided notice to the solicitor directing that
all such contact shall cease;
3. engage in solicitations past the hour of nine PM or prior to eight AM;
4. engage in a pattern of contacts, whether in person, by telephone, or via mail
or computer which, viewed in terms of their frequency, duration, or consent,
are likely to be offensive, annoying, or disturbing to the recipient.
5.14.030 Licenses --Required.
A. It is unlawful for a local vendor or solicitor to engage in such business within the
City without first obtaining a business license as required by Chapter 5.04 of this Code.
5.14.040 Local Vendor's License --Application.
A. In addition to the application information required of all business license applicants
generally, as provided in Section 5.04.030, each applicant for a local vendor license shall submit the
following:
1. A copy of their current City business license or Grand County business license;
2. Identification of the location(s) in the city where the applicant proposes to carry on business,
and the length of time and/or specific dates, which it is proposed that such business be conducted,
together with the proposed hours of operations;
3. A description of the type of goods, wares, services or merchandise to be sold or offered for
sale;
4. Statement of authorization from the property owner(s) of the location(s) where the applicant
intends to conduct business;
5. If applicable, a statement of authorization from the special event sponsor if applicant intends
to conduct business on the premises of a Special Business Event, as defined by Chapter 5.09 of
. this Code;
6. The applicable license application fee;
7. Unless otherwise exempted by this provisions of this Code, proof of issuance to the applicant
of a sales tax license from the Utah Tax Commission.
8. An inspection report from the Southeastern Utah Health District Sanitarian, dated not more
than ten days prior to the date of application, if applicant proposes to handle or offer foodstuffs for
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sale. (Ord. 94-08 (part), 1994)
B. Applicants for a solicitor's license shall submit the general information specified in Section
5.04.030, the transient merchant information specified in Section 5.08.020, and items 6 and 7 in
subsection (A) of this Section.
5.14.060 Licenses --Issuance.
Upon review of application for licenses under this Chapter, the City Council will determine if
the application is satisfactory. After City Council's approval, the City Recorder will issue a local
vendor license or peddler and solicitor license, showing the number of the license, the date same is
issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the
place or places where such business may be carried on, the length of time and/or dates such business
will be carried on, and the name or names of the person or persons authorized to carry on same.
(Ord. 94-08 (part), 1994)
5.14.070 Grounds for Denial.
A. A solicitor license may be denied by the City Council based upon any of the criteria
set for in Section 5.04.040. In addition, the Council may base denial, in whole or in part, upon the
following additional criteria:
1. The existence of site -specific impacts of the proposed license which render it
incompatible with neighboring uses.
5.14.080 Appeal of Denial.
A. An applicant denied a local vendor or solicitor license by action of the City
Council may appeal that decision to the District Court by filing an action within thirty (30) days of
denial. Exhaustion of administrative remedies and timely appeal shall be a jurisdictional
prerequisite to judicial review.
5.14.090 License Display
The license issued under this Chapter shall be posted conspicuously in the place or places of
. business named therein. (Ord. 94-08 (part), 1994)
5.14.090 License --Fees.
Local vendor license fees shall be established pursuant to the procedures and criteria
established in Section 5.04.020. The license fees imposed by this Chapter shall be in addition to any
other fees applicable to the particular business use imposed by the provision of this Code.
8/28/2003 Ordinance #2003-05
16
5.14.100 License --Nontransferable.
Any license issued pursuant to this Chapter is not transferable by the licensee. (Ord. 94-08
(part), 1994)
5.14.110 License--Revocation--Causes.
Licenses under this Chapter may be revoked by the City Council for any of the causes
specified in Section 5.04.080, in addition to the following:
A. Any fraud, misrepresentation or false statement made in connection with the selling
of goods, wares or merchandise;
B. Any violation of this Chapter;
C. Conduct of the business licensed under this Chapter in an unlawful manner or in such
a manner as to constitute a breach of the peace or to constitute a menace to the health, safety
or general welfare of the public. (Ord. 94-08 (part), 1994)
5.14.130 License--Revocation—Notice, Right to Cure, Procedure.
Revocation of a license issued under this Chapter shall be pursuant to the procedures and
requirements specified in Section 5.04.090.
5.14.140 License, Term, Renewal.
All licenses issued under this Chapter shall expire one year from the date of issuance, unless
a prior date is specified.. Licensees wishing to renew their license shall submit a renewal application
and license fee at least thirty days prior to expiration. All renewals shall be reviewed and approved
by the City Council, as provided for initial license applications.
5.14.150 Exemptions.
A. Local vendors who conduct sales at a Special Business Event, as defined by Chapter
5.09, are exempt from the provisions of this Chapter, provided the responsible organization
satisfies all sales tax requirements as specified in Chapter 5.09.
B. Vendors who conduct sales at a convention or meeting where products or services are
offered to registered members or guests and where the meeting or venue is not open to the
8/28/2003 Ordinance #2003-05
17
general public, shall be exempt from the provisions of this Chapter.
C. This Chapter shall not apply to sales of farm produce where such sales are conducted
by persons who produce such items and the sales are conducted on private property. "Farm
produce" shall be defined to mean fresh fruit, vegetables, herbs or grains.
Chapter 5.20
Alcoholic Beverages
This Chapter shall remain as presently codified.
Chapter 5.28
Cabarets
This Chapter shall remain as presently codified.
Chapter 5.32
Pawnbrokers, Secondhand Dealers, and Junk Dealers
This Chapter shall remain as presently codified.
Chapter 5.56
Utility Companies
Retain this Chapter as presently codified.
Chapter 5.60
Franchises
Retain this Chapter as presently codified.
Chapter 5.64
Moved -on Commercial Structures
Retain this Chapter as presently codified.
8/28/2003 Ordinance #2003-05
18
Chapter 5.70
Street Performers
5.70.010 Definitions
For the purposes of this Chapter:
A. A "Street Performer" shall be defined as an individual or group who performs in a public
area or a private outdoor area adjacent to a public street or sidewalk, for the purpose of
providing public entertainment.
B. A "performance" shall be defined to include, but not be limited to, the following
activities: playing music, singing, dancing, pantomiming, puppetteering, juggling,
reciting, etc. Performance does not include the provision of personal services.
C. A "charge" shall be defined as requiring someone to pay a fee or to set, negotiate or
establish a fee for a performance. Seeking voluntary contributions through passing
around a hat, leaving an open instrument case or other receptacle, or soliciting donations
after a performance is not defined as a charge.
5.70.020 Rules and Regulations
A. No Street Performer may perform or solicit contributions for a performance:
1. Within ten feet of any street corner or marked pedestrian crosswalk.
2. Within ten feet of the outer edge of any entrance to any business, including but
not limited to doors, vestibules, driveways, outdoor dining area entries and
emergency exits during the hours that any business on the premises is conduction
business, without express written permission from the affected business or
business.
B. A Street Performer may not block or obstruct the free movement of pedestrians. If a
sufficient crowd gathers to observe a performer such that a passage of the public through
a public area is blocked or obstructed, a police officer or other City official may disperse
that portion of the crowd that is blocking or obstructing passage of the public.
C. A Street Performer who performs for a charge shall obtain an appropriate business
license as provided for in Moab Municipal Code.
D. No Street Performer may litter his or her performance site.
E. No Street Performer shall place any object on a public sidewalk which causes less than a
four foot contiguous sidewalk width to be kept clear for pedestrian passage.
8/28/2003 Ordinance #2003-05
19
F. No Street Performer shall perform on any public sidewalk with more instruments, props,
equipment or other items than the performer can reasonably transport or remove at one
time.
G. No Street Performer shall perform in contravention to the allowable noise levels
established by Municipal Code Chapter 17.74.
H. No Street Performer shall block or obstruct a curb cut.
I. No Street Performer shall connect or maintain an electrical cord to an adjacent building
or to a City power source, except as part of an approved use of a public park.
J. Street Performers utilizing outdoor private property must obtain written permission from
the property owner to engage in a performance.
K. Any Street Performer meeting one or more of the following conditions shall obtain a
performance permit as provided for in this Chapter prior to engaging in a performance:
1. The performance involves more than two performers, unless said performance is
an established public park, subject to the reservation requirements and use
regulations of the park.
2. The performance involves the use or construction of any stage, platform or similar
structure for use during any performance.
3. The performance involves the use of amplified music or sound.
4. The performance involves any advertising off the premises of the performance,
including flyers, posters and signs.
5. The performance involves an admission charge.
6. The performance involves the use of knives, swords, torches, axes, saws, fire or
other potentially dangerous objects or involves acrobatics, tumbling, unicycling
or other potentially dangerous activity.
5.70.030 Performance Permit - Application
A. A Street Performer requiring a permit must complete and file with the City a performance
permit application on a form approved by the City. The applicant must provide the
following information:
8/28/2003 Ordinance #2003-05
20
(1) The names, addresses and contact information for all individuals performing
under the permit.
(2) If a group is performing under a permit, a designation of the individual(s) who
will be responsible for compliance with the provisions of this Chapter.
(3) A detailed description of the nature of the act to be performed, including props,
music, structures used, and any advertising methods.
(4) The proposed location and time, dates, and duration of the performance(s).
(5) If within 10 feet of or on private property, a statement of authorization from the
affected property owner(s).
5.70.040 Permit Issuance
Upon review of a performance permit under this Chapter, the City Council will determine if the
application is satisfactory. The City Council may consider the health, safety and welfare of the
public and the performer(s) when determining if the application is satisfactory. The City
Council may place conditions on the issuance of the permit relative to the time, location and
manner of the performance. After City Council's approval, the City Recorder will issue a
performance permit showing the number of the permit, the date of issuance, the nature of the
performance, the location(s) of the performance, the dates and time of the performance(s), and
the name or names of the person(s) authorized to carry on same.
5.70.050 Grounds for Denial
A. A performance permit may be denied if the proposed performance is deemed to be a
significant threat to public health, safety and welfare.
5.70.060 Permit Display
The permit issued under this Chapter shall be kept on or about the persons authorized to perform
under the permit.
.5.70.070 Permit - Nontransferable
Any permit issued pursuant to this Chapter is not transferable by the permittee.
5.70.080 Permit --Fees.
All Street Performers requiring a permit under this Chapter shall pay a Street Performer Permit
Fee as established by Resolution of the Moab City Council.
8/28/2003 Ordinance #2003-05
21
This ordinance shall take effect immediately upon passage.
Passed and adopted by action of the Governing body of the City of Moab in open session
this 26`" day of August, 2003.
�� MO
�.1
Mayor David L. S ison
CI1
Rachel Ellison.
City Recorder
8/28/2003 Ordinance #2003-05
22
Proof Publication
CITY OF MOAB
PUBLIC HEARING
ORDINANCE #2003-
05
The City of Moab will
hold a Public Hearing
on Tuesday, May. 13,
2003 at approximately
7:30 p.m. in the CiOun-
cil Chambers of the
Moab City Offices at
115 West 200 South,
Moab, Utah.
The purpose of this
hearing is to solicit
public input on Ordi-
nance #2003-05 - An
Ordinance of the Gov-
erning Body of Moab
Amending Certain Pro-
visions of the City of
Moab Business Li-
censing Code. Copies
of the proposed ordi-
nance are available at
the Moab City
Recorder's office and
at www.moabcity.org.
In compliance with
the Americans with
Disabilities Act, indi- I
viduals needing spe-
cial accommodations
during this meeting
should notify the
Recorder's Office at
115 West 200 South,
Moab, Utah 84532; or
phone (435) 259-5121
at least three (3) work-
ing days prior to the
meeting.
/s/ Rachel Ellison
City Recorder
Published in The
Times -Independent,
Moab, Utah May 1 and
8, 2003.
n 03
3VA
STATE OF UTAH,
County of Grand,
1
1 ss.
Samuel J. Taylor or Adrien F. Taylor, being first duly
sworn according to law, deposes and says: That he/she is
the co -publisher of The Times -Independent, a weekly
newspaper of general circulation, published every
Thursday at Moab, Grand County, State of Utah; that the
notice
Ord. 2003-05 Hearing
hereto attached, and which is made a part of this Affida-
vit of Publication, was published in said newspaper for
a period of 2 consecutive issues, the first publication
date having been made May 1, 2003
;and the last on May 8, 2003
;and the said notice was published in each and
every copy of said newspaper during the period and time
of publication, and that it was published in the news-
paper proper and not in a supplement thereof.
Co -Publisher
Subscribed and sworn before me this S-6/o,
Notary Public
Residing at Moab, Utah
My Commission Expires
Proof of Publication
RECEIVED
S E P 2 9 2003
JBY• _.
CITY OF MOAB
ORDINANCE
#2003-05
AN ORDINANCE
AMENDING
CERTAIN
PROVISIONS OF
THE CITY OF MOAB
BUSINESS LICENSE
CODE
Ordinance #2003-05
was adopted at a
Regular City Council
Meeting held an Au-
gust 26, 2(03 at the
Moab City Council
Chambers, 115 W.200
So. Moab, Utah 84532.
Complete copies of
Ordinance #2003-05
are available at the City
of Moab Recorder's
Office at 115 W. 200
So. Moab, Utah 84532
/s/ Rachel Ellison,
City Recorder
Published in The
Times -Independent,
Moab, Utah on Sep-
tember 4, 2003.
STATE OF UTAH,
County of Grand,
Samuel J. Taylor or Adrien F. Taylor, being first duly
sworn according to law, deposes and says: That he/she is
the co -publisher of The Times -Independent, a weekly
newspaper of general circulation, published every
Thursday at Moab, Grand County, State of Utah; that the
notice
Ordinance 2003-05
hereto attached, and which is made a part of this Affida-
vit of Publication, was published in said newspaper for
a period of 1 consecutive issues, the first publication
date having been made Sept. 4, 2003
;and the last on
;and the said notice was published in each and
every copy of said newspaper during the period and time
of publication, and that it was published in the news-
paper proper and not in a supplement thereof.
Co -Publisher
Subscribed and sworn before me this
Notary Public
Residing at Moab, Utah
My Commission Expires