The URL can be used to link to this page

Home My Public Portal AboutPKT-CC-2018-07-25CITY OF MOAB Moab City Council 07/25/2018 Pre -Council Workshop 6:,3o P.M. REGULAR COUNCIL MEETING 7: oo P.M. Moab City Council Chambers City Center (aid East Center Street) Page 1 of 284 Page 2 of 284 CITY OF II 0 Ap,_, City Council Regular Council Meeting City Council Chambers Wednesday, July 25, 2018 at 6:3o p.m. 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org 6:30 p.m. PRE -COUNCIL WORKSHOP Discussion/Presentation on a Possible Plastic Bag Ban Moab Area Travel Council Discussion 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES 1-1 June 26, 2018 1-2 July io, 2018 SECTION 2: MAYOR AND COUNCIL REPORTS SECTION 3: SECTION 4: SECTION 5: ADMINISTRATIVE REPORTS CITIZENS TO BE HEARD PUBLIC HEARING (Approximately 7:15 p.m) 5-1 Public Input on Proposed Resolution #33-2018 — A Resolution Establishing Wastewater Service Rates 5-2 Public Hearing to Allow Public Input Regarding on Proposed Resolution #37-2018 — A Resolution to (1) the Issuance and Sale of not more than $800,00o Aggregate Principal Amount of Sales Tax Revenue Bonds, Series 2018; (2) Any Potential Economic Impact that the Project Described Herein to be Financed with the Proceeds of the Series 2018 Bonds Issued Under the Act May Have on the Private Sector and (3) Related Matters Page 3 of 284 SECTION 6: OLD BUSINESS 6-1 Consideration for Adoption of Proposed Resolution #35-2018 — A Resolution to Adopt Guidelines and Procedures for Community Contributions SECTION 7: NEW BUSINESS 7-1 Consideration and Possible Approval of Proposed Resolution #39-2018 — A Resolution Endorsing the City of Moab's Communication Plan and Policies 7-2 Initial Briefing on Proposed Ordinance #2018-15 — An Ordinance Revising Chapter 5 of the Moab Municipal Code Pertaining to Business Licensing 7-3 Request to Set Public Hearing Date on August 14, 2018, or Adopt Proposed Ordinance #2018-16 — An Ordinance Modifying Wastewater Connection Fees and Connection Procedures. 7-4 Consideration for Adoption of Proposed Resolution #38-2018 — A Resolution of the City Council of the City of Moab, Utah, Authorizing the Issuance and Sale of Not More than $16,700,000 Aggregate Principal Amount of Wastewater Revenue and Refunding Bonds Series 2018, Series 2018 and Related Matters SECTION 8: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 9: EXECUTIVE CLOSED SESSION 9-1 An Executive Session for a Strategy Session to Discuss Pending or Reasonably Imminent Litigation 9-2 An Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual SECTION 1o: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Page 4 of 284 MOAB CITY COUNCIL MINUTES --DRAFT REGULAR MEETING JUNE 26, 2018 Regular Meeting: The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. In attendance were Mayor Emily Niehaus, Councilmembers Kalen Jones, Rani Derasary, Mike Duncan, Tawny Knuteson-Boyd and Karen Guzman - Newton. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, Sustainability Director Rosemarie Russo, Police Chief Jim Winder and Communications Director Lisa Church. Pre -Council Workshop: Mayor Niehaus called the workshop to order at 6:00 PM. The workshop began with a training on the Utah Open and Public Meetings Act conducted by David Church, Utah League of Cities and Towns General Counsel. The workshop also included a Community Energy Briefing by Rocky Mountain Power (RMP). Debra Dull, RMP's Regional Business Manager, reviewed the history of successful partnerships between the City and RMP, including Moab's status as the first Blue Sky community and former Mayor Sakrison's Legacy Award. She mentioned the long-standing RMP sponsorship of the Moab Music Festival and the effort to convert subscribers to paperless billing and touched on the WattSmart program. She mentioned that 20 local businesses are enrolled in the Subscriber Solar program and highlighted the many grants RMP has awarded to local solar infrastructure projects including for the Moab Arts and Recreation Center, the Moab Recreation and Aquatic Center, City Center, KZMU, the public library, the animal shelter, and a biomass project at the high school. She listed several local organizations that have received funding. She went on to outline upcoming projects including work with Sustainability Director Russo on electric vehicle charging stations and Dark Sky tariffs. She concluded with presentation of a Blue Sky Legacy Award for the City. Russo briefly described the success of the Green To Gold business program. Regular Meeting Called to Order & Attendance: Mayor Niehaus called the Regular City Council Meeting to order at 7:00 PM and led the Pledge of Allegiance. Four members of the public and media were present. Approval of Minutes: Councilmember Derasary moved to approve the minutes of the June 12 and 19, 2018 meetings with corrections. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Mayor and Council Reports: Mayor Niehaus reported on the aftermath of the June 10 fire and thanked the first responders. She recommended extending the Conditional Use Permit revision deadline for another week; Council assented. The mayor also reported on a recent Utah State University —Moab (USU) fundraising meeting. She briefly reviewed the recent Joint City Council -County Council meeting. She announced a vacancy on the Planning Commission. A recent meeting with David Church regarding annexation was mentioned as well as a meeting with RMP. Councilmember Derasary mentioned her attendance at the post -fire meeting and her appreciation for Page 1 of 4 June 26, 2018 Page 5 of 284 1-1 Minutes the Lieutenant Governor for his visit. She reported on a meeting of the site futures committee of the Uranium Mill Tailings Remediation Act (UMTRA) project. She noted County Council Chair Mary McGann's efforts to encourage Representative John Curtis and others to proposed increased funding for the UMTRA project. She mentioned cooperation with the UMTRA site for fire victims to delivery radioactive materials for disposal. Councilmember Derasary went on to commend Grand County Emergency Medical Services (EMS) for receipt of the 2017 Utah Call of the Year Award for a BASE jumper incident. She asked for staff updates on various topics including work Dr. Russo is doing with the Chamber of Commerce and the Utah Department of Transportation (UDOT) bypass study and City Manager Everitt responded with updates on the Assured Housing Policy and clarified that the chlorine wastewater from the city pool is processed by the Wastewater Treatment Facility. Councilmember Duncan reported on a grant application for professional assistance from the national park service to plan the future of the Powerhouse area that is being prepared by Kara Dohrenwend. He also mentioned the dearth of irrigation water in view of the drought and mentioned conservation efforts. He mentioned a recent tour of the library's eight pocket libraries located around town. He encouraged a city and council softball game. Councilmember Knuteson-Boyd reported she attended the fire site visit with the Lieutenant Governor and other follow-up meetings. Councilmember Guzman -Newton described a transit authority meeting she attended and the joint city and county council meeting. She reported on a recent school board meeting and noted there will be plans of the new middle school available for public review. She mentioned several open positions at the high school and the high enrollment in the special needs preschool. Councilmember Jones reported on a recent meeting of the solid waste district and noted the offer of free disposal of fire debris. He noted a small amount of asbestos was found and disposed of. Jones described some of the recent changes to the recycling program. He encouraged shoppers to buy products in easily -recyclable packaging. He noted meetings he had attended regarding Dark Skies which considered the proposed ordinances. He also cited his work on setbacks as they affect solar access. Councilmember Guzman -Newton asked Councilmember Duncan about the state of water supply. Administrative Report: Mayor Niehaus recognized the work of Tif Miller, departing Parks, Recreation and Trails Director. Police Chief Winder made a brief presentation. He mentioned the work of Four Corners Community Behavioral Health and the hospital with their work with the homeless. He also touched on the police department's work with the school district regarding active shooter training. He gave a brief staffing update. He read a letter from the police chief in St. George regarding exemplary efforts during a recent incident and also presented recent changes and improvements in the police departments including a new logo. City Manager Everitt concluded the administrative report with an update on Title 5 revisions. He also mentioned a draft communications policy for upcoming Council review. Everitt mentioned his attendance at a UDOT Transportation Commission meeting in Spanish Fork and noted the Commission would be meeting in Moab in November. He briefly mentioned a request by the State and Institutional Trust Lands Administration (SITLA) for a funding arrangement for the USU Mill Creek West project. Page 2 of 4 June 26, 2018 Page 6 of 284 1-1 Minutes Next, Karson Eilers, Legislative and Research Analyst for the Utah League of Cities and Towns gave a legislative update covering the recent session of the Utah Legislature. (1:45 on recording) BEACON After -School Program —Presentation (2:01 on recording) Edith Sage made a presentation on the BEACON After -School Program. Special Events/Vendors/Beer Licenses: Haycock Amplified Music —Approved Motion and Vote: Councilmember Guzman -Newton moved to approve a Request by Stephanie Haycock for an Amplified Music Event at Old City Park on September 8, 2018 for the Chacon Family Reunion. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Old Business: (2:13 on recording) Pay Plan Schedule —Approved Motion and Vote: Councilmember Duncan moved to approve Proposed Ordinance #2018-11— An Ordinance Adopting the City of Moab Pay Plan Schedule and Adopting the Exempt and Elected Officials Salaries for Fiscal Year 2018-2019. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. New Business: Water Board Appointment —Approved Motion and Vote: Councilmember Jones moved to confirm the Mayoral Appointment of John Gould to the Moab City Water Conservation and Drought Management Advisory Board for a renewable term to expire December 31, 2020. Councilmember Duncan seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Utah Geologic Hazards —Presentation (2:16 on recording) City Engineer Williams introduced Ben Erickson and Steve Bowman from the Utah Geological Survey (UGS) to report on the UGS study of Moab's Geologic Hazards. Status of City Infrastructure and Capital Improvement Funding Scenarios —Presentation Discussion: City Engineer Williams briefed the Council on the status of infrastructure projects and funding options. He touched on bike lanes, sidewalks, parking, signage, and more. The culinary water system was mentioned along with the stormwater and sewer systems. He touched on the City's buildings and parks and then presented funding scenarios for improvements and maintenance. Councilmember Duncan asked about the bonding mechanism for funding infrastructure projects. Councilmember Derasary asked about locations in the City with inadequate water pressure. Sales Tax Revenue Bonds Public Hearing —Approved Motion and Vote: Councilmember Guzman -Newton moved approve Proposed Resolution #29-2018—A Resolution of the City Council of the City of Moab, Utah (The "Issuer"), Adopting Parameters and Designation Resolution for the CIB Loan for the Mill Creek Road West Development to the future USU Campus Authorizing the Issuance and Sale of Not More Than $800,000 Aggregate Principal Amount of Sales Tax Revenue Bonds, Series 2018 and setting a Public Hearing date of July 25, 2018. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Page 3 of 4 June 26, 2018 Page 7 of 284 1-1 Minutes Approval of Bills Against the City of Moab: Councilmember Guzman -Newton moved to pay the bills against the City of Moab in the amount of $456,639.47. Councilmember Duncan seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman -Newton voting aye. Executive Closed Session: Motions and Votes: At 9:08 PM, Councilmember Jones moved to enter an Executive Closed Session for a Strategy Session to Discuss Pending or Reasonably Imminent Litigation and to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual. Councilmember Knuteson-Boyd seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson- Boyd, Guzman -Newton and Duncan voting aye. At 9:37 PM, Councilmember Knuteson-Boyd moved to close the Executive Closed Session. Councilmember Derasary seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman -Newton and Duncan voting aye. Adjournment: Councilmember Jones moved to adjourn the meeting. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson- Boyd, Duncan and Guzman -Newton voting aye. Mayor Niehaus adjourned the meeting at 9:37 PM. APPROVED: ATTEST: Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder Page 4 of 4 June 26, 2018 Page 8 of 284 1-1 Minutes MOAB CITY COUNCIL MINUTES --DRAFT JOINT CITY COUNCIL AND PLANNING COMMISSION WORKSHOP AND REGULAR CITY COUNCIL MEETING J U LY 10, 2018 Call to Order and Attendance: The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. In attendance were Mayor Emily Niehaus, Councilmembers Kalen Jones, Rani Derasary, Mike Duncan and Tawny Knuteson-Boyd. Karen Guzman -Newton was excused. Also in attendance were City Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Engineer Chuck Williams, Records Specialist Eve Tallman, Treasurer Jennie Ross, Planning Director Jeff Reinhart, Development Services Manager Sommar Johnson, Sustainability Director Rosemarie Russo and Deputy Treasurer Chantal Lindsay. Planning Commission members in attendance were Allison Brown, Brian Ballard, Marianne Becnel, Jeanette Kopell, Kya Marienfield and Wayne Hoskisson. Joint City Council and Planning Commission Meeting: Mayor Niehaus called the meeting to order at 6:00 PM. The workshop began with City Planner Reinhart requesting Council guidance regarding the integration of Conditional Uses into the code revision as accepted uses. The Mayor and Councilmembers described their processes for reviewing the existing conditional uses. Planning Commission Member Brown stated Council would make decisions about acceptable uses in zones, which could be prepared and considered by a committee. Kopell urged diligence to complete the code revision. Councilmember Derasary suggested making the revisions in session rather than in committee, either in special meetings or workshops. Brown indicated the work would take several hours. It was agreed to arrange for lunch meetings to complete the work. Reinhart then made a presentation regarding Planned Affordable Developments. He discussed proposed standards including setbacks, density, open space requirements, parking and deed restrictions. Councilmember Jones stated he was working on scenarios and asked for the opportunity for Council -level direction to the Planning Commission for this work. Regular Meeting: Mayor Niehaus called the Regular City Council Meeting to order at 7:00 PM and led the Pledge of Allegiance. Six members of the public and media were present. Mayor and Council Reports: Mayor Niehaus reported on a happy and safe July Fourth. She remarked that she was encouraged by feedback from businesses regarding projects planned by the Utah Department of Transportation (UDOT). She noted that Wayne Hoskisson would be leaving the Planning Commission after many years of service, and there would be an opening on the Commission. Niehaus announced she would have an intern this summer working on affordable housing issues. She noted a proclamation she read at a meeting regarding the border, families and asylum. Councilmember Derasary reported on the Emergency Medical Services (EMS) Special Service District meeting, where by-laws were discussed along with staffing challenges, billing limitations and a pending request for funding from the Permanent Community Impact Board (CIB). Derasary mentioned a TrailMix meeting at which a Public Lands Day project was discussed to address braided trails in the Mill Creek Page 1 of 3 July 10, 2018 Page 9 of 284 1-2 Minutes drainage. She also mentioned a paved bike trail to the Arches National Park entrance that was introduced by the National Park Service. She also reported she attended meetings of the Canyonlands Care Center, the Highway 191 widening project and an open house regarding increasing density in unincorporated Grand County. She thanked the Mayor for the proclamation on asylum seekers and brought up the Mountain Pact, which is a network of town in the Intermountain West and noted the Pact considers issues similar to those faced by Moab and the group is free to join. She also brought up a desire for the City to prepare a letter to Congress asking for reauthorization of the Land and Water Conservation Fund. Councilmember Knuteson-Boyd noted her attendance at the Families Belong Together Rally. She remarked that the response to the local fire was incredible. She mentioned Team Rubicon, a group of military veterans who cleaned up the creek bed. Councilmember Jones reported he attended the North Corridor meeting hosted by UDOT and remarked he spoke with one of the representatives about the appraisal and acquisition process. He noted his attendance at the County's high -density open house and pointed out the request for increased density no longer presents affordability standards. Jones reported on a Solid Waste District meeting and noted Monument Waste had waived fees totaling more than $11,000 for fire debris. He also commented on the great number of waste tires that were located in the fire zone. He concluded with comments about the difficulty of participating in meetings remotely if the technology is insufficient and about the prospects for the upcoming code revisions. Administrative Report: City Manager Everitt reported on staffing and personnel recruitment and noted the upcoming Title 5 revisions to the business license code. He also mentioned work on the pending sewer rate changes. Citizens to be Heard: Bruce Louthan spoke about signage commemorating the namesake of Swanny City Park. Special Events/Vendors/Beer Licenses: (1:29 on recording) Discussion: Mayor Niehaus and City Manager Everitt explained that Special Events are permitted administratively rather than by Council, and noted that Council approves requested fee waivers only and the process is under revision. A request for next year's April Action Car Show was removed from the agenda for future consideration. Moab Pride Festival Fee Waiver --Approved Motion and Discussion: Councilmember Derasary moved to approve a Fee Waiver Request in an Amount not to exceed $1,415, with a damage deposit of $300 not included in this amount, for the Moab Pride Festival on September 29, 2018. Councilmember Duncan seconded the motion. Councilmember Jones mentioned his concern about the impact the event would have on traffic problems in Moab and also stated he finds parades acceptable. He stated his opposition to fee waivers for events but spoke in favor or subsidies to organizations. Discussion followed about awarding grants instead. Councilmember Knuteson-Boyd noted her opposition to fee waivers. Councilmember Duncan brought up the option of having a budget item for grants as well as for fee waivers. Councilmember Duncan noted the budget for this does not yet exist. Mayor Niehaus stated she had reviewed the last year's requests and noted the proposed billing for police escorts and the requirement to charge a deposit for park use. She asked for consistency and consideration to revise the motion. City Manager Everitt mentioned the work on a resolution revising the Fee Waiver and Grant program is nearly complete. Page 2 of 3 July 10, 2018 Page 10 of 284 1-2 Minutes Vote: The motion passed 3-2 aye with Councilmembers Derasary, and Duncan voting aye, Councilmembers Knuteson-Boyd and Jones voting nay and Mayor Niehaus breaking the tie with an aye vote. New Business: (1:44 on recording) Surplus Property —Approved Motion and Vote: Councilmember Knuteson-Boyd moved to approve Proposed Resolution #30-2018—A Resolution of the Governing Body of the City of Moab Declaring Certain Property Owned by the City of Moab as Surplus. Councilmember Derasary seconded the motion. The motion passed 4-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd and Duncan voting aye. Clean Energy District and Revenue -Neutral Carbon Fee —Approved Motion and Vote: Councilmember Derasary moved to approve Proposed Resolution #31-2018—A Resolution Concerning the Authorization of the Governor's Office of Energy Development to Conduct the Commercial Property Assessed Clean Energy (C-PACE) District within Moab and Proposed Resolution #32-2018 — A Resolution Urging Congress to Levy a Revenue -Neutral Fee on the Carbon in Fossil Fuels. Councilmember Knuteson-Boyd seconded the motion. Sustainability Director Russo described the C- PACE program and noted more than 100 local governments have passed legislation in support of it. She noted several opportunities for this low -rate loan program, including affordable housing, water conservation, solar installations and more. The motion passed 4-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd and Duncan voting aye. Wastewater Service Rates Request for Public Hearing —Approved Motion and Vote: Councilmember Knuteson-Boyd moved to approve a Request to Send Proposed Resolution #32-2018 — A Resolution Adopting a Schedule Adjustment for the Wastewater Service Rates to a Public Hearing on July 25, 2018 at Approximately 7:30 p.m. Councilmember Derasary seconded the motion. City Engineer Williams and Deputy Treasurer Lindsay described the proposed three options for revising sewer rates. The motion passed 4-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd and Duncan voting aye. Planned Affordable Development —Discussion Mayor Niehaus thanked Councilmember Jones for his work developing schematics for solar access. Adjournment: Councilmember Knuteson-Boyd moved to adjourn the meeting. Councilmember Jones seconded the motion. The motion carried 4-0 aye, with Councilmembers Derasary, Jones, Knuteson- Boyd and Duncan voting aye. Mayor Niehaus adjourned the meeting at 8:40 PM. APPROVED: ATTEST: Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder Page 3 of 3 July 10, 2018 Page 11 of 284 1-2 Minutes Moab City Council Agenda Item Meeting Date: July 25, 2018 #: 5-1 Title: A PUBLIC HEARING FOR A SCHEDULE ADJUSTMENT AND ESTABLISHING WASTEWATER SERVICE RATES Date Submitted: July 17, 2018 Staff Presenter: Chuck Williams, City Engineer Attachment(s): Existing Resolution 48-2017; Draft Resolution #33-2018 Options: Approve, deny, or modify. Recommended Motion: NA Background/Summary: Resolution 48-2017 was adopted by the City Council July 25th, 2017.The Resolution established Wastewater Service Rates for City users of our wastewater distribution and collection system. In implementing the Resolution, City staff has found that there are a few limitations to the rate structure as it exists that has led to some confusion for both staff and the public. Therefore, since the Resolution has been in effect for a year we would like to suggest a schedule adjustment to the rate structure that will simplify the administration of the rate and we believe make it easier for the public to understand. The current rate structure contains two criteria used for basis of the monthly charge per user. The criteria will change over every year in order to keep up with inflation and maintain the City's wastewater infrastructure. Those two criteria are: 1. The Monthly Base Rate which stays the same for every month of the billing year for a given type of user e.g. residential or commercial , and 2. A volume rate based on usage. This is calculated differently for a given type of user e.g. residential or commercial. Specifically: Page 12 of 284 1---- 5-1 Public Hearing a. For residential users this monthly volume rate is based on the "Winter average" volume of water used from the previous winter (defined as the average of November thru January), b. For commercial users the monthly volume rate charged is based upon the previous months "Actual" volume of water used. Once the Base rate and Volume rate are established for a given user the two numbers are added to calculate the monthly charge for that user. Staff presented multiple examples of rate calculation and options at the July 10th meeting. The attached Resolution #33-2018 contains: 1. Schedule adjustments for clarification and ease of administration of service rates. 2. New 2018 wastewater service residential rates based upon the existing system of adding the monthly base rate to the winter average of a given user. Page 13 of 284 5-1 Public Hearing CITY OF MOAB RESOLUTION NO. 33-2018 A RESOLUTION ESTABLISHING WASTEWATER SERVICE RATES The following describes the intent and purpose of this resolution: a. The City of Moab has undertaken to construct a new wastewater treatment facility and has secured $15 million in financing for the construction of same. b. The City completed a Sewer Rate Cost of Service Analysis in May, 2017, which evaluated rate structures based on considerations of: projected system growth; total revenue requirements for operations, maintenance, and debt service; and equitable allocation of costs based on use of capacity and concentrations of wastewater discharge associated with different user groups. The methodology and conclusions of the Sewer Rate Cost of Service Analysis are adopted by the City and incorporated by reference. c. The City anticipates higher operations and maintenance costs as demands on the system increase and infrastructure ages. d. The City anticipates higher debt service obligations due to the financing of the new wastewater treatment facility. e. The City finds that it is necessary and appropriate that wastewater users pay for their proportionate share of all of the ongoing operations and maintenance needs and capital costs of the system. f. The City finds that a multi -year rate structure is necessary and appropriate to phase -in rate increases over time. g. The City has sewer rate setting authority pursuant to U.C.A. § 10-8-38, and other authorities. h. The City finds that the following rate structure is reasonable and consistent with the objectives and policies described above. Therefore, the City hereby enacts the following wastewater treatment rates for Fiscal Year ending June 30, 2019: Page 14 of 284 5-1 Public Hearing Monthly Wastewater Treatment Rates Recommended Rates Monthly Base Rate FYE2019 FYE2020 FYE2021 FYE2022 Single Family $19.00 $21.30 $21.60 $22.70 Multifamily and Overnight Accommodations 1st Unit $17.75 $19.60 $19.65 $20.65 + Charge per each additional unit $6.10 $8.10 $9.45 $9.95 Restaurant/Fast Food and Other Non - Residential: 1-inch or smaller water meter $19.10 $21.30 $21.60 $22.70 1.5-inch water meter $21.75 $24.40 $24.85 $26.15 2-inch water meter $29.30 $32.95 $33.80 $35.55 3-inch water meter $84.75 $95.90 $99.75 $105.00 4-inch water meter $105.25 $119.25 $124.20 $130.70 5-inch water meter $153.20 $173.65 $181.20 $190.75 6-inch water meter $207.95 $235.80 $246.35 $259.30 8-inch water meter $283.55 $321.65 $336.25 $353.95 Volume Rate ($/kgal) FYE2019 FYE2020 FYE2021 FYE2022 Residential $1.70 $1.82 $1.90 $1.98 Multifamily $2.22 $2.22 $2.22 $2.22 Overnight Accommodations $2.22 $2.22 $2.22 $2.22 Restaurant/Fast Food $2.66 $3.20 $3.41 $3.58 Other Non -Residential $1.85 $1.85 $1.90 $1.98 Volumetric charges for residential customers, including single family residences and multi -family residences, will be calculated based on the customer's average culinary water usage in November through January each year. The charge will be calculated by multiplying the winter average usage amount in gallons by the volumetric charge and adding same to the monthly base rate. That rate will be assessed each month and recalculated each successive year. New residential customers (single family and multi -family), will be assessed the base rate until a winter usage amount can be calculated. Volumetric charges for all other customers, including overnight accommodations, restaurants, and other non-residential (commercial) customers will be calculated based on the customer's total culinary water usage measured in the month preceding every billing month. The charge will be calculated by multiplying the preceding month's water Page 15 of 284 5-1 Public Hearing usage amount in gallons by the volumetric charge and adding same to the monthly base rate. Passed and adopted by a majority vote of the City Council. This Resolution will take effect on September 1, 2018 Mayor Emily Niehaus Date Attest: Rachel Stenta, Recorder Date -End of Document - Page 16 of 284 5-1 Public Hearing CITY OF MOAB RESOLUTION NO.48-2017 A RESOLUTION ESTABLISHING WASTEWATER SERVICE RATES The following describes the intent and purpose of this resolution: a. The City of Moab has undertaken to construct a new wastewater treatment facility and has secured $15 million in financing for the construction of same. b. The City completed a Sewer Rate Cost of Service Analysis in May, 2017, which evaluated rate structures based on considerations of: projected system growth; total revenue requirements for operations, maintenance, and debt service; and equitable allocation of costs based on use of capacity and concentrations of wastewater discharge associated with different user groups. The methodology and conclusions of the Sewer Rate Cost of Service Analysis are adopted by the City and incorporated by reference. c. The City anticipates higher operations and maintenance costs as demands on the system increase and infrastructure ages. d. The City anticipates higher debt service obligations due to the financing of the new wastewater treatment facility. e. The City finds that it is necessary and appropriate that wastewater users pay for their proportionate share of all of the ongoing operations and maintenance needs and capital costs of the system. f. The City finds that a multi -year rate structure is necessary and appropriate to phase -in rate increases over time. g. The City has sewer rate setting authority pursuant to U.C.A. § 10-8-38, and other authorities. h. The City finds that the following rate structure is reasonable and consistent with the objectives and policies described above. Therefore, the City hereby enacts the following wastewater treatment rates: 1 Page 17 of 284 5-1 Public Hearing Monthly Wastewater Treatment Rates Monthly Base Rate . Existing FYE 2017 FYE 2018: FYE 2019 FYE 2020 FYE 2021 FYE 2022 Single Family $14.40 $15.85 $19.00 $21.30 $21.55 $21.55 Multifamily 1st Unit (2 Bedrooms or Larger) $19.10 $15.85 $19.00 $21.30 $21.55 $21.55 + Charge per each additional unit - $2.80 $7.35 $9.80 $11.40 $11.40 Multifamily 1st Unit (1 Bedroom or Smaller) $19.10 $14.60 $15.80 $17.00 $16.55 $16.55 + Charge per each additional unit - $1.60 $4.10 $5.50 $6.40 $6.40 Overnight Accommodations: 1st Unit Condo, 2 Bedrooms or Larger $19•10 $16.40 $20.45 $23.25 $23.85 $23.85 + Charge per each additional unit - $3.40 $8.80 $11.75 $13.65 $13.65 Overnight Accommodations: 1st Unit Condo, 1 Bedroom or Smaller $19.10 $15.85 $19.00 $21.30 $21.55 $21.55 + Charge per each additional unit - $2.80 $7.35 $9.80 $11.40 $11.40 Overnight Accommodations: 1st Unit Hotel/Motel (No Kitchen) $19•10 $15.25 $17.40 $19.15 $19.10 $19.10 + Charge per each additional unit - $2.20 $5.75 $7.65 $8.90 $8.90 Restaurant/Fast Food and Other Non -Residential: 1-inch or smaller water meter $19.10 $19.10 $19.10 $21.30 $21.55 $21.55 1.5-inch water meter - $19.10 $21.75 $24.40 $24.80 $24.80 2-inch water meter - $24.25 $29.30 $32.95 $33.75 $33.75 3-inch water meter - $69.60 $84.75 $95.90 $99.65 $99.65 4-inch water meter - $86.40 $105.25 $119.25 $124.10 $124.10 5-inch water meter - $125.60 $153.20 $173.65 $181.05 $181.05 6-inch water meter - $170.45 $207.95 $235.80 $246.10 $246.10 8-inch water meter - $232.25 $283.55 $321.65 $335.95 $335.95 Volume Rate .($/thOUsand'gal.),' Existing FYE 2017 FYE 2018 FYE 2022 Residential Multifamily Overnight Accommodations Restaurant/Fast Food Other Non -Residential $1.70 $1.85 $1.85 $1.85 $1.85 $1.70 $1.85 $1.85 $2.22 $1.85 $1.70 $1.85 $1.85 $2.66 $1.85 $1.82 $1.85 $1.85 $3.20 $1.85 $1.90 $1.90 $1.90 $3.41 $1.90 1.90 1.90 $1.90 3.41 $1.90 Volumetric charges for residential customers, including single family residences and multi -family residences, will be calculated based on the customer's average culinary water usage in November through January each year. The charge will be calculated by multiplying the average usage amount in gallons by the volumetric charge and adding same to the monthly base rate. That rate will be assessed each month and recalculated each successive year. New 2 Page 18 of 284 5-1 Public Hearing residential customers (single family and multi -family), will be assessed the base rate until a winter usage amount can be calculated. Volumetric charges for all other customers, including overnight accommodations, restaurants, and other non-residential (commercial) customers will be calculated based on the customer's total culinary water usage measured in the month preceding every billing month. The charge will be calculated by multiplying the preceding month's water usage amount in gallons by the volumetric charge and adding same to the monthly base rate. Passed and adopted by a majority vote of the City Council. This Resolution will take effectAugust 1, 2017. Mayor David,Sakrison- Date At Rachel Stenta, R6-ciirder _ 5- Date -End of Document- 3 Page 19 of 284 5-1 Public Hearing Moab City Council Agenda Item Meeting Date: July 25, 2018 #:5-2 Title: Public Hearing for the CIB Loan for the Mill Creek Road West Development to the future USU Campus Authorizing the Issuance and not more than $800,000 of Sales Tax Revenue Bonds Date Submitted: July 17, 2018 Staff Presenter: Chuck Williams, City Engineer Attachment(s): Resolution 29-2018 Options: N/A Recommended Motion: N/A Background/Summary: On February 2nd, 2017 the City of Moab received Loan Authorization from the Community Impact Fund Board (CIB) for a $727,000 loan for the construction of infrastructure improvements to Utah State University property in order to prepare for a higher education campus, affordable housing, and commercial development within the City. Construction plans were completed in July and construction of the infrastructure should start in November 2018. In order to fund the project, the attached Resolution 29-2018 was adopted by Council establishing the parameters of the loan and scheduling the public hearing for July 25, 2018. Page 20 of 284 5-2 Public Hearing SUPPLEMENTAL MASTER RESOLUTION OF MOAB CITY, UTAH AS ISSUER DATED AS OF , 2018 Page 21 of 284 5-2 Public Hearing Table of Contents ARTICLE I DEFINITIONS 1 Section 1.1 Definitions 1 Section 1.2 Master Resolution to Constitute Contract 4 ARTICLE II ISSUANCE OF SERIES 2018 BONDS 4 Section 2.1 Principal Amount, Designation, Series, and Interest Rate 4 Section 2.2 Date and Maturities 4 Section 2.3 Optional Redemption and Redemption Prices 6 Section 2.4 Notice of Redemption for Exchange Bonds 6 Section 2.5 Execution and Delivery of the Series 2018 Bonds 7 Section 2.6 Delinquent Payments 7 Section 2.7 Exchange of Series 2018 Bonds 7 ARTICLE III REGISTRATION, PAYMENT, AND FLOW OF FUNDS 8 Section 3.1 Execution of and Registration of Series 2018 Bonds; Persons Treated as Owners 8 Section 3.2 Deposit of Bond Proceeds 9 Section 3.3 The Series 2018 Bonds Constitute Special Limited Obligations 10 Section 3.4 Flow of Funds 10 Section 3.5 Investment of Funds 11 ARTICLE IV GENERAL COVENANTS 12 Section 4.1 General Covenants 12 Section 4.2 Additional Indebtedness 14 ARTICLE V MISCELLANEOUS 15 Section 5.1 Default and Remedies 15 Section 5.2 Amendments to Resolution 15 Section 5.3 Maintenance of Proceedings 16 Section 5.4 Defeasance of the Series 2018 Bonds 16 Section 5.5 Sale of Series 2018 Bonds Approved 17 Section 5.6 Bondholders Not Responsible 17 Section 5.7 Notice of Series 2018 Bonds to be Issued 17 Section 5.8 Additional Certificates, Documents, and Other Papers 17 Section 5.9 Severability 17 Section 5.10 Resolutions in Conflict 18 Section 5.11 Effective Date of Resolution 18 i Page 22 of 284 5-2 Public Hearing EXHIBIT A FORM OF STATE BONDS A-1 EXHIBIT B FORM OF EXCHANGE BOND B-1 ii Page 23 of 284 5-2 Public Hearing SUPPLEMENTAL MASTER RESOLUTION #37-2018 WHEREAS, the Local Government Bonding Act, Title 11, Chapter 14, Utah Code Annotated 1953, as amended (the "Act"), authorizes the issuance of non -voted revenue bonds payable solely from a special revenue source; and WHEREAS, the City of Moab, Utah (the "Issuer") has previously issued its Sales Tax Revenue Bonds, Series 2003, pursuant to a Bond Resolution dated as of October 14, 2003 (the "2003 Bond Resolution") and its Taxable Sales Tax Revenue Bonds, Series 2009, pursuant to a Final Bond Resolution dated as of August 11, 2009 (the "2009 Bond Resolution" and together with the 2003 Bond Resolution, the "Original Master Resolution"); and WHEREAS, the Issuer desires to finance all or a portion of the costs of construction of infrastructure system improvements, including roads, utilities, storm water system facilities and street lighting and all related improvements (collectively, the "Series 2018 Project"), the through the issuance of Sales Tax Revenue Bonds, Series 2018 (the "Series 2018 Bonds") in an aggregate principal amount of $ ; pursuant to this supplemental master resolution (the "Master Resolution"); and WHEREAS, the Series 2018 Bonds shall be issued on a parity with the Issuer's Parity Bonds, such that the Series 2018 Bonds are secured by an equal lien pledge of the Net Revenues with said Parity Bonds; and WHEREAS, based upon the information available to the Issuer, the sales and use tax revenues anticipated to be received by the Issuer pursuant to Title 59, Chapter 12, Part 3, Utah Code Annotated 1953, as amended (the "Revenues"), will be sufficient to pay the debt service on the Series 2018 Bonds and the Series 2018 Bonds shall not at any one time exceed an amount for which the average annual installments of principal will exceed eighty percent (80%) of the Revenues received by the Issuer during its fiscal year immediately preceding the fiscal year in which the Series 2018 Bonds will be issued; and WHEREAS, the State of Utah acting through the Permanent Community Impact Fund Board (the "Community Impact Board") has offered to purchase the Series 2018 Bonds at par in the total principal amount of $ ; and WHEREAS, the Issuer desires to accept the offer of the Community Impact Board and to confirm the sale of the Series 2018 Bonds to the Community Impact Board; NOW, THEREFORE, it is hereby resolved by the City Council of Moab City, Utah, as follows: ARTICLE I DEFINITIONS Section 1.1 Definitions. As used in this Resolution, the following terms shall have the following meanings unless the context otherwise clearly indicates: Page 24 of 284 5-2 Public Hearing "Act" means the Local Government Bonding Act, Title 11, Chapter 14, Utah Code Annotated 1953, as amended. "Annual Debt Service" means the total requirement of principal, interest and premium payments, if any, to be paid by the Issuer during any Sinking Fund Year on the Issuer's outstanding Series 2018 Bonds or other forms of indebtedness, including the Parity Bonds, issued on a parity with the Series 2018 Bonds. "Average Annual Debt Service" means the sum total of the Annual Debt Service for all Sinking Fund Years divided by the total number of Sinking Fund Years during which any of the Series 2018 Bonds will remain outstanding. "Bonds" means the Series 2018 Bonds and any Parity Bonds issued by the Issuer. "Bondholder," "Registered Owner" or "Owner" means the registered owner of any bonds herein authorized. "Business Day" means a day on which banking business is transacted, but not including any day on which banks are authorized to be closed within the boundaries of the Issuer. "Community Impact Board" means the State of Utah Permanent Community Impact Fund Board, or any successor thereof. "Code" means the Internal Revenue Code of 1986, as amended. "Dated Date" means the initial delivery date of the Series 2018 Bonds. "Default" and "Event of Default" mean, with respect to any default or event of default under this Resolution, any occurrence or event specified in and defined by Section 5.1 hereof. "Depository Bank" means a "Qualified Depository" as defined in the State Money Management Act of 1974, Title 51, Chapter 7, Utah Code Annotated, 1953, as amended, selected by the Issuer to receive deposits for the Revenue Account as herein described, the deposits of which shall be insured by the Federal Deposit Insurance Corporation. "Escrow Account" means an account to be held in escrow by the Escrow Agent pursuant to the Escrow Agreement, said account to be used for the purpose of depositing the proceeds of the sale of the Series 2018 Bonds and accounting for said proceeds pursuant to the terms of the Escrow Agreement. "Escrow Agent" means the Utah State Treasurer, Salt Lake City, Utah, who shall so act pursuant to the terms of the Escrow Agreement. "Escrow Agreement" means the agreement entered into among the Issuer, the Community Impact Board, and the Escrow Agent on the date of delivery of the Series 2018 Bonds. Master Resolution 2 Page 25 of 284 5-2 Public Hearing "Exchange Bonds" means the fully registered Series 2018 Bonds issued in substantially the form set forth in Exhibit B, in exchange for the State Bonds representing the Series 2018 Bonds or in exchange for other Exchange Bonds, in the denomination of no less than $1,000 or any integral multiple thereof. "Fully Registered Bond" means any single fully registered Bond in the denomination(s) equal to the aggregate principal amount of the applicable Series 2018 Bonds authorized herein. "Governing Body" means the City Council of the Issuer. "Interest Payment Date" means each October 1st beginning October 1, 2018. "Issuer" means Moab City, Utah, or any successor entity. "Master Resolution" means collectively, the Original Master Resolutions dated as of October 14, 2003 and August 11, 2009 and the Supplemental Master Resolution dated as of , 2018. "Original Master Resolution" means collectively, the Resolutions dated as October 14, 2003 and August 11, 2009. "Outstanding" or "Outstanding Bonds" means any Bond which has been issued and delivered and not cancelled in accordance with the provisions hereof, except any Bond in lieu of or in substitution for which a new Bond shall have been delivered herewith, unless proof satisfactory to the Registrar is presented that such Bond is held by a bona fide holder in due course. "Parity Bonds" means any bonds issued on a parity with the Series 2018 Bonds, including the Issuer's Sales Tax Revenue Bonds, Series 2003 and Taxable Sales Tax Revenue Bonds, Series 2009. "Registrar" or "Paying Agent" means the person or persons authorized by the Issuer to maintain the registration books with respect to the Series 2018 Bonds and to pay the principal on the Series 2018 Bonds on behalf of the Issuer. The initial Registrar and Paying Agent for the Series 2018 Bonds is the City Recorder of the Issuer. "Revenues" means 100% of the sales and use tax revenues received by the Issuer pursuant to Title 59, Chapter 12, Part 2, Utah Code Annotated 1953, as amended. "Series 2018 Bonds" means the Issuer's Sales Tax Revenue Bonds, Series 2018 issued in the total principal amount of $ "Series 2018 Project" means infrastructure and system improvements, including roads, utilities, storm water system facilities and street lighting and all related improvement. Master Resolution 3 Page 26 of 284 5-2 Public Hearing "Series 2018 Reserve Account Requirement" means, with respect to the Series 2018 Bonds, an amount equal to $ , the maximum annual debt service on the Series 2018 Bonds. "Sinking Fund Year" means the 12-month period beginning July 1 of each year and ending June 30 of the following year, except that the first Sinking Fund Year will begin on the initial delivery date of the Series 2018 Bonds and will end on the following June 30. "State" means the State of Utah. "State Bonds" means the fully registered Series 2018 Bonds issued in substantially the form set forth in Exhibit A in the denominations equal to the aggregate principal amount of the Series 2018 Bonds. "Supplemental Master Resolution" means this Supplemental Master Resolution dated as of , 2018. Section 1.2 Master Resolution to Constitute Contract. In consideration of the purchase and acceptance of any and all of the Series 2018 Bonds authorized to be issued hereunder by the Owners thereof from time to time, this Master Resolution shall be deemed to be and shall constitute a contract between the Issuer and the Owners from time to time of the Series 2018 Bonds; and the pledge made in this Master Resolution and the covenants and agreements herein set forth to be performed by or on behalf of the Issuer shall be for the equal benefit, protection and security of the Owners of any and all of the Series 2018 Bonds all of which, regardless of the time or times of their authentication and delivery or maturity, shall be of equal rank without preference, priority, or distinction of any of the Series 2018 Bonds over any other thereof, except as expressly provided in or permitted by this Master Resolution. ARTICLE II ISSUANCE OF SERIES 2018 BONDS Section 2.1 Principal Amount, Designation, Series, and Interest Rate. The Series 2018 Bonds are hereby authorized for issuance for the purpose of providing funds to (a) finance the Series 2018 Project and (b) pay costs incurred in connection with the issuance of the Series 2018 Bonds. The Series 2018 Bonds shall be limited to $ in aggregate principal amount, shall be issued (i) if issued as a State Bond(s), in the form set forth in Exhibit A and (ii) if issued as Exchange Bonds, in the form set forth in Exhibit B, in fully registered form and shall bear interest at the rate of percent ( %) per annum and shall be payable as specified herein. If issued as Exchange Bonds, the Series 2018 Bonds shall be in the denomination of $1,000 or any integral multiple thereof. The Series 2018 Bonds shall be numbered from one (1) consecutively upward in order of delivery by the Registrar. The Series 2018 Bonds shall be designated as, and shall be distinguished from the bonds of all other series by the title, "Moab City, Utah Sales Tax Revenue Bonds, Series 2018." Section 2.2 Date and Maturities. The Series 2018 Bonds shall be dated as of their date of delivery and shall be paid as provided in this Section 2.2. The Series 2018 Bonds shall be initially issued as a single fully registered State Bond. Master Resolution 4 Page 27 of 284 5-2 Public Hearing Except as provided in the next succeeding paragraph, principal payments, whether at maturity or by redemption, shall be payable upon presentation of the applicable Series 2018 Bond at the offices of the Paying Agent for endorsement or surrender, or of any successor Paying Agent. All payments shall be made in any coin or currency which on the date of payment is legal tender for the payment of debts due the United States of America. Payment of interest on delinquent installments, if any, shall be made to the Registered Owner thereof and shall be paid by check or draft mailed to the Registered Owner thereof at his address as it appears on the registration books of the Issuer maintained by the Registrar or at such other address as is furnished to the Registrar in writing by such Registered Owner. So long as the Community Impact Board is the Registered Owner of the Series 2018 Bonds, payments of principal and interest shall be made by check or draft and mailed to the Community Impact Board as the Registered Owner at the address shown on the registration books maintained by the Registrar. So long as the Community Impact Board is the Registered Owner of the Series 2018 Bond, in lieu of presentation or the surrender of the Series 2018 Bond to the Paying Agent for notations by the Paying Agent of such payments, the Community Impact Board, by its Chair or his/her designee, shall endorse such payments upon the Series 2018 Bond. The Issuer shall make the principal and interest payments (interest accruing beginning October 1, 2018) stated for each year beginning October 1, 2019, and continuing on each October 1 thereafter until the total principal sum shall be paid in full, as follows: Principal Installment Payment Date Principal Payable Master Resolution 5 Page 28 of 284 5-2 Public Hearing Section 2.3 Optional Redemption and Redemption Prices. Each principal payment of the Series 2018 Bonds is subject to prepayment and redemption at any time, in whole or in part (if in part, in integral multiples of $1,000), at the election of the Issuer, in inverse order of the due dates thereof, and by lot selected by the Issuer if less than all of the Series 2018 Bonds of a particular due date are to be redeemed, upon notice as provided in Section 2.4 hereof with respect to Exchange Bonds, and upon at least thirty (30) days' prior written notice of the amount of prepayment and the date scheduled for prepayment to the Community Impact Board with respect to the Series 2018 Bonds, and at a redemption price equal to 100% of the principal amount to be prepaid or redeemed, plus accrued interest, if any, to the date of redemption. Section 2.4 Notice of Redemption for Exchange Bonds. (a) In the event any of the Exchange Bonds are to be redeemed, the Registrar shall cause notice to be given as provided in this Section 2.4. Notice of such redemption shall be mailed by first class mail, postage prepaid, to all Registered Owners of Exchange Bonds to be redeemed at their addresses as they appear on the registration books of the Registrar at least thirty (30) days but not more than forty-five (45) days prior to the date fixed for redemption. Such notice shall state the following information: (i) the complete official name of the Exchange Bonds, including series, to be redeemed, the identification numbers of the Exchange Bonds being redeemed; (ii) any other descriptive information needed to identify accurately the Exchange Bonds being redeemed, including, but not limited to, the original issue date of such Exchange Bonds; (iii) in the case of partial redemption of any Exchange Bonds, the respective principal amounts thereof to be redeemed; date; (iv) the date of mailing of redemption notices and the redemption (v) the redemption price; (vi) that on the redemption date the redemption price will become due and payable upon each such Exchange Bond or portion thereof called for redemption; and (vii) the place where such Exchange Bonds are to be surrendered for payment of the redemption price, designating the name and address of the redemption agent with the name of a contact person and telephone number. (b) Upon the payment of the redemption price of Exchange Bonds being redeemed, each check or other transfer of funds issued for such purpose shall Master Resolution 6 Page 29 of 284 5-2 Public Hearing identify the Exchange Bonds being redeemed with the proceeds of such check or other transfer. (c) The Registrar shall not give notice of such a redemption until there are on deposit with the Paying Agent sufficient funds for the payment of the redemption price. Notice of redemption shall be given, not more than forty-five (45) days nor less than thirty (30) days prior to the redemption date, to Registered Owners of the Exchange Bonds, or portions thereof, to be redeemed. A second notice of redemption shall be given, not later than ninety (90) days subsequent to the redemption date, to Registered Owners of Exchange Bonds or portions thereof redeemed but who failed to deliver Series 2018 Bonds for redemption prior to the 60th day following such redemption date. Any notice mailed shall be conclusively presumed to have been duly given, whether or not the Registered Owner of such Series 2018 Bonds receives the notice. Receipt of such notice, shall not be a condition precedent to such redemption, and failure so to receive any such notice by any of such Registered Owners shall not affect the validity of the proceedings for the redemption of the Series 2018 Bonds. In case any Exchange Bond is to be redeemed in part only, the notice of redemption which relates to such Exchange Bond shall state also that on or after the redemption date, upon surrender of such Series 2018 Bond, a new Series 2018 Bond in principal amount equal to the unredeemed portion of such Series 2018 Bond will be issued. Section 2.5 Execution and Delivery of the Series 2018 Bonds. The Mayor of the Issuer is hereby authorized to execute by manual or facsimile signature the Series 2018 Bonds and the City Recorder of the Issuer to countersign by manual or facsimile signature the Series 2018 Bonds and to have imprinted, engraved, lithographed, stamped, or otherwise placed on the Series 2018 Bonds the official seal of the Issuer. The City Recorder is hereby authorized to deliver to the Community Impact Board the Series 2018 Bonds upon payment to the Issuer of the proceeds of the Series 2018 Bonds. Section 2.6 Delinquent Payments. Payments of principal of and/or interest on the Series 2018 Bonds which are delinquent from the due date thereof shall draw interest at the rate of eighteen (18%) per annum on the delinquent payment from said due date until paid in full. Section 2.7 Exchange of Series 2018 Bonds. As long as the Community Impact Board is the sole Registered Owner of the Series 2018 Bonds, the Series 2018 Bonds shall be issued only as the State Bonds in the form prescribed in Exhibit A. It is recognized that the Community Impact Board may sell or otherwise transfer the Series 2018 Bonds pursuant to the provisions of the State Financing Consolidation Act, Title 63B, Chapter lb, Utah Code Annotated 1953, as amended, or otherwise. In the event the Community Impact Board determines to sell or otherwise transfer all or a portion of the Series 2018 Bonds pursuant to the State Financing Consolidation Act, or otherwise, the Series 2018 Bonds shall be exchanged at the office of the Paying Agent for a like aggregate principal amount Master Resolution 7 Page 30 of 284 5-2 Public Hearing of Exchange Bonds in accordance with the provisions of this Section 2.7 and Section 3.1 hereof. Exchange Bonds may thereafter be exchanged from time to time for other Exchange Bonds in accordance with Section 3.1 hereof. Any Series 2018 Bond, or any portion thereof, which is sold or otherwise transferred or liquidated by the Community Impact Board pursuant to the State Financing Consolidation Act, or otherwise, shall be in the form of an Exchange Bond prescribed in Exhibit B, and shall be executed pursuant to authorization contained in Section 2.5 hereof. Each principal payment on the Series 2018 Bonds not previously paid or cancelled shall be represented by an equivalent principal amount of Exchange Bonds, in authorized denominations, and of like maturity. The Issuer and its officers shall execute and deliver such documents and perform such acts as may reasonably be required by the Issuer to accomplish the exchange of the Series 2018 Bonds for Exchange Bonds, provided that the Community Impact Board shall pay or cause to be paid all costs and other charges incident to such exchange and the Issuer shall have no obligation to pay any such costs or charges. Section 2.9 Bank Designation of Series 2018 Bonds. [For purposes of and in accordance with Section 265 of the Code, the Issuer has designated the Series 2018 Bonds as an issue qualifying for the exception for certain qualified tax-exempt obligations to the rule denying banks and other financial institutions 100% of the deduction for interest expenses which is allocable to tax-exempt interest. The Issuer reasonably anticipates that the total amount of tax-exempt obligations (other than obligations described in Section 265(b)(3)(C)(ii) of the Code) which will be issued by the Issuer and by any aggregated issuer during calendar year 2018 will not exceed $10,000,000. For purposes of this Section, "aggregated issuer" means any entity which, (i) issues obligations on behalf of the Issuer, (ii) derives its issuing authority from the Issuer, or (iii) is directly or indirectly controlled by the Issuer within the meaning of Treasury Regulation Section 1.150-1(e). The Issuer hereby represents that (a) it has not created and does not intend to create and does not expect to benefit from any entity formed or availed of to avoid the purposes of Section 265(b)(3)(C) or (D) of the Code and (b) the total amount of obligations so designated by the Issuer, and all aggregated issuers for calendar year 2018 does not exceed $10,000,000.] ARTICLE III REGISTRATION, PAYMENT, AND FLOW OF FUNDS Section 3.1 Execution of and Registration of Series 2018 Bonds; Persons Treated as Owners. (a) The Series 2018 Bonds shall be signed by the Issuer and the Issuer shall cause books for the registration and for the transfer of the Series 2018 Bonds to be kept by the City Recorder who is hereby appointed the Registrar of the Issuer with respect to the Series 2018 Bonds. Any Series 2018 Bond may, in accordance with its terms, be transferred only upon the registration books kept by the Registrar, by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Series 2018 Bond for cancellation, accompanied by delivery of a written instrument of transfer in a form approved by the Registrar, duly executed. No transfer shall be effective until entered on the registration books kept by the Registrar. Upon surrender for transfer of any Series 2018 Bond duly endorsed by, or accompanied by a written instrument or instruments of transfer in Master Resolution 8 Page 31 of 284 5-2 Public Hearing form satisfactory to the Registrar and duly executed by, the Registered Owner or his attorney duly authorized in writing, the Issuer shall execute and deliver in the name of the transferee or transferees, a new Series 2018 Bond or Bonds of the same maturity and series for a like aggregate principal amount as the Series 2018 Bond surrendered for transfer. Series 2018 Bonds may be exchanged at the office of the Registrar for a like aggregate principal amount of Series 2018 Bonds of the same series or other authorized denominations and the same maturity. The execution by the Issuer of any Series 2018 Bond of any authorized denomination shall constitute full and due authorization of such denomination, and the Registrar shall thereby be authorized to deliver such Series 2018 Bond. The Registrar shall not be required to transfer or exchange any Exchange Bond at any time following the mailing of notice calling such Series 2018 Bond for redemption. (b) Series 2018 Bonds surrendered for payment, redemption or exchange, shall be promptly cancelled and destroyed by the Issuer. (c) The Issuer, the Registrar and the Paying Agent may treat and consider the person in whose name each Series 2018 Bond is registered on the registration books kept by the Registrar as the holder and absolute owner thereof for the purpose of receiving payment of, or on account of, the principal or redemption price thereof and for all other purposes whatsoever, and neither the Issuer, nor the Registrar nor the Paying Agent shall be affected by any notice to the contrary. Payment of any Series 2018 Bond shall be made only to or upon order of the Registered Owner thereof or his legal representative, but such registration may be changed as hereinabove provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Series 2018 Bond to the extent of the sum or sums so paid. (d) The Issuer may require the payment by the Registered Owner requesting exchange or transfer of Series 2018 Bonds of any tax or other governmental charge and any service charge which are required to be paid with respect to such exchange or transfer and such charges shall be paid before such new Series 2018 Bond shall be delivered. Section 3.2 Deposit of Bond Proceeds. The proceeds from the sale of the Series 2018 Bonds shall be deposited upon delivery in the Escrow Account and shall be disbursed pursuant to the provisions of the Escrow Agreement. All monies deposited in the Escrow Account shall be used solely for the purpose of defraying all or a portion of the costs of the Series 2018 Project including the payment of costs of issuance of the Series 2018 Bonds. Any unexpended proceeds balance remaining in the Escrow Account after completion of the Series 2018 Project shall be paid immediately into the "Moab City Sales Tax Revenue Bond Fund," hereinafter referred to herein as the "Sinking Fund" established hereunder, and shall be used only for the prepayment of the Series 2018 Bonds based on original principal amount. Principal last to become due shall be prepaid first, and in the event less than all of the principal amount of the Series 2018 Bonds maturing on the last due date are to be redeemed, the Issuer shall by lot select those Series 2018 Bonds to be prepaid. Proceeds from the sale of the Series 2018 Bonds on deposit in the Escrow Account, may Master Resolution 9 Page 32 of 284 5-2 Public Hearing at the discretion of the Issuer, be invested by the Escrow Agent as provided in the Escrow Agreement. Following the expenditure of money or a transfer of unexpended funds from the Escrow Account to the Sinking Fund, the Escrow Account will be closed. Section 3.3 The Series 2018 Bonds Constitute Special Limited Obligations. Notwithstanding anything in this Resolution elsewhere contained, the principal and interest on the Series 2018 Bonds shall be payable out of 100% of the Revenues, and in no event shall the Series 2018 Bonds be deemed or construed to be a general indebtedness of the Issuer or payable from any funds of the Issuer other than the Revenues. The Issuer may, in its sole discretion, but without obligation and subject to the Constitution, laws, and budgetary requirements of the State of Utah, make available properly budgeted and legally available funds to defray any insufficiency of Revenues to pay the Series 2018 Bonds; provided however, the Issuer has not covenanted and cannot covenant to make said funds available and has not pledged any of such funds for such purpose. Section 3.4 Flow of Funds. From and after the delivery date of the Series 2018 Bonds, and until all the Parity Bonds and Series 2018 Bonds have been fully paid, the Revenues shall be set aside into the "Moab City Sales Tax Revenue Fund" referred to herein as "Revenue Fund" established hereunder. The Issuer will thereafter make accounting allocations of the funds deposited in said Revenue Fund for the following purposes and in the following priority: (a) There shall be allocated to a subaccount established on the books of the Issuer hereunder known as the "Bond Fund," such amounts as will assure, to the extent of the availability of Revenues, the prompt payment of the principal and interest, if any, on the Series 2018 Bonds as shall become due and on all bonds or obligations issued in parity therewith (including the Parity Bonds). The amount to be so set aside with respect to the Series 2018 Bonds shall, as nearly as may be practicable, be set aside and allocated to the Bond Fund, annually, on or before the tenth day of each September, beginning September 1, 2018, an amount equal to the principal and interest payable on the Series 2018 Bonds on the next succeeding payment date to the end that there will be sufficient funds allocated to the Bond Fund to pay the principal and interest, if any, on the Series 2018 Bonds and principal and interest on all bonds or obligations issued on a parity therewith, including the Parity Bonds, as and when the same become due. Amounts allocated to the Bond Fund shall be used solely for the purpose of paying the Series 2018 Bonds and principal and interest on all bonds or obligations issued in parity therewith, including the Parity Bonds, if applicable, and shall not be reallocated, transferred, or paid out for any other purpose. In the event insufficient moneys are available to make prompt payment of the full principal and interest on the Series 2018 Bonds as shall become due and the principal and interest on all bonds and obligations issued in parity therewith, including the Parity Bonds, such moneys shall be allocated pro rata based on the amount of principal and interest next coming due on the Series 2018 Bonds and each such Parity Bond. Master Resolution 10 Page 33 of 284 5-2 Public Hearing (b) [The Issuer shall, upon the issuance of the Series 2018 Bonds, deposit monthly $652 into a subaccount established on the books of the Issuer known as the "Series 2018 Reserve Account" until the Series 2018 Reserve Account Requirement of $46,925 has been met. Amounts deposited in the Series 2018 Reserve Account shall be used to pay the principal and interest falling due on the Series 2018 Bonds at any time when there are insufficient funds in the Bond Fund to pay the same, but pending such use may be invested as hereafter provided. No further deposits to said Series 2018 Reserve Account need be made unless payments from said Series 2018 Reserve Account have reduced the same below the Series 2018 Reserve Account Requirement, in which event the Issuer agrees to deposit prior to the next payment date on the Series 2018 Bonds legally available moneys into the Series 2018 Reserve Account until there shall be on deposit therein $46,925. In lieu of a separate subaccount as provided herein, the Issuer may use internal notations on its books in order to account for the accumulation and maintenance of the Series 2018 Reserve Account Requirement.] (c) All remaining funds, if any, in the Bond Fund after all of the payments required to be made into the Bond Fund and Series 2018 Reserve Account have been made, may be used by the Issuer (i) to purchase or prepay any Bond in accordance with the provisions hereof governing prepayment of the Bonds authorized hereunder in advance of maturity or, in the case of Parity Bonds, in accordance with the provisions of the resolution authorizing such Parity Bonds governing prepayment of such Parity Bonds in advance of maturity, including payment of expenses in connection with such purchase or prepayment; and (ii) to pay the principal or prepayment price of on any Bonds, for any other lawful purpose, including without limitation, payment of other obligations of the Issuer. (d) If at any time the Revenues of the Issuer shall be insufficient to make any payment to any of the above funds or accounts on the date or dates specified the Issuer shall make good the amount of such deficiency by making additional payments out of the first available Revenues thereafter received by the Issuer or from other legally available moneys of the Issuer. Section 3.5 Investment of Funds. All money maintained on deposit in the Bond Fund, the Series 2018 Reserve Account, and in the Escrow Account shall be held as special and not as general deposits, the beneficial interest in which shall be in the registered owners from time to time of the Bonds. All money so maintained on deposit with the Issuer and the Escrow Agent shall be secured to the fullest extent required or permitted by the laws of the State of Utah pertaining to the securing of public deposits. All or part of the money in the Bond Fund and in the Escrow Account shall be invested by the Issuer or the Escrow Agent, as the case may be, in permitted investments, but any such investments so made shall always be such that the obligations mature or become optional for redemption in amounts and at times so as to assure the availability of the proceeds thereof when needed for the purpose for which such funds were created. Investment earnings on all such investments permitted hereunder shall be maintained in said funds or accounts and used for the purpose for which such fund or account was created. Whenever any money so invested from the Bond Fund or the Escrow Fund is needed for the purpose for which such Master Resolution 11 Page 34 of 284 5-2 Public Hearing fund was created, such investments, to the amount necessary, shall be liquidated by the Depository Bank at the direction of the Issuer, and the proceeds thereof applied to the required purpose. Investment earnings received on all investments in the Series 2018 Reserve Account shall be maintained in the Series 2018 Reserve Account until there shall be on deposit therein the Series 2018 Reserve Account Requirement. Thereafter, any investment earnings shall be transferred to the Bond Fund to be used to make payment on the Series 2018 Bonds. ARTICLE IV GENERAL COVENANTS Section 4.1 General Covenants. The Issuer hereby covenants and agrees with each and every holder of the Series 2018 Bonds issued hereunder the following: (a) The Issuer covenants that it shall fund and maintain as provided herein all funds referenced herein, until such time as the Series 2018 Bonds have been paid in full. (b) While any of the Series 2018 Bonds remain outstanding and unpaid, any resolution or other enactment of the City Council of the Issuer, applying the Revenues for the payment of the Series 2018 Bonds shall be irrevocable until the Series 2018 Bonds have been paid in full, and shall not be subject to amendment or modification in any manner which would impair the rights of the holders of the Series 2018 Bonds or which would in any way jeopardize the timely payment of principal and interest when due. (c) So long as any Series 2018 Bonds remain outstanding, proper books of record and account will be kept by the Issuer separate and apart from all other records and accounts, showing complete and correct entries of all transactions relating to the receipt and use of the Revenues. Each Bondholder or any duly authorized agent or agents of such holder shall have the right at all reasonable times to inspect all records, accounts and data relating thereto. Except as otherwise provided herein, the Issuer further agrees that it will within one hundred eighty (180) days following the close of each Sinking Fund Year cause an audit of such books and accounts to be made by an independent firm of certified public accountants, showing the receipts and disbursements for account of the Revenues, and that such audit will be available for inspection by the Bondholder; provided, however, during such periods of time as the Community Impact Board is the Registered Owner of the State Bonds, each such audit will be supplied to the Community Impact Board as soon as completed without prior request therefor by the Community Impact Board. Each such audit, in addition to whatever matters may be thought proper by the accountant to be included therein, shall include the following: (0 A statement in detail of the income and expenditures of Revenues for such Sinking Fund Year; (ii) A balance sheet as of the end of such Sinking Fund Year; Master Resolution 12 Page 35 of 284 5-2 Public Hearing (iii) The accountant's comments regarding the manner in which the Issuer has carried out the requirements of this Resolution, and the accountant's recommendations for any change or improvement; (iv) A list of the insurance policies in force at the end of the Sinking Fund Year, setting out as to each policy, the amount of the policy, the risks covered, the name of the insurer, and the expiration date of the policy; and (v) An analysis of all funds and accounts created in this Resolution, setting out all deposits and disbursements made during the Sinking Fund Year and the amount in each fund or account at the end of the Sinking Fund Year. The Bondholder may, upon written request from the Issuer setting forth the reasons why a certified audit is not necessary or is impractical, waive the audit requirements for any particular Sinking Fund Year set forth in this Subsection 4.1(c), provided, however, that such waiver shall not apply to the reporting requirements of the Issuer set forth in Subsection 4.1(d) herein. (d) In addition to the reporting requirements set forth in Subsection 4.1(c) above, the Issuer shall submit to the Community Impact Board within one hundred eighty (180) days following the close of each Sinking Fund Year, a summary report substantially in the form as provided by the Community Impact Board to the Issuer upon purchase of the Series 2018 Bonds. If a Bondholder is other than the Community Impact Board, the Issuer agrees to furnish a copy of such information to such Bondholder at its request after the close of each Sinking Fund Year. Any Bondholder shall have the right to discuss with the accountant compiling such information the contents thereof and to ask for such additional information as it may reasonably require. (e) The Bondholder shall have the right at all reasonable times to inspect the Series 2018 Project, and all records, accounts and data of the Issuer relating thereto, and upon request, the Issuer will furnish to the Community Impact Board, financial statements and other information relating to the Issuer and the Series 2018 Project as it may from time to time reasonably require. (0 The Issuer will from time to time duly pay and discharge or cause to be paid all taxes, assessments and other governmental charges, if any, lawfully imposed upon the Series 2018 Project, or any part thereof or upon the Revenues, as well as any lawful claims which if unpaid might by law become a lien or charge upon the Series 2018 Project or the Revenues or any part thereof or which might impair the security of the Series 2018 Bonds, except when the Issuer in good faith contests its liability to pay the same. Master Resolution 13 Page 36 of 284 5-2 Public Hearing (g) All payments falling due on the Series 2018 Bonds shall be made to the Bondholder thereof at par and all charges made by the Depository Bank for its services shall be paid by the Issuer. (h) The Issuer will maintain its corporate identity, will make no attempt to cause its corporate existence to be abolished and will resist all attempts by other municipal corporations to annex all or any part of the territory now or hereafter in the Issuer or served by the Series 2018 Project. Section 4.2 Additional Indebtedness. No additional indebtedness, bonds or notes of the Issuer secured by a pledge of the Revenues senior to the pledge of Revenues for the payment of the Bonds and the Security Instrument Repayment Obligations herein authorized shall be created or incurred without the prior written consent of the Owners of 100% of the Outstanding Bonds and the Security Instrument Issuers. In addition, no Additional Bonds or other indebtedness, bonds or notes of the Issuer payable on a parity with the Series 2018 Bonds and the Security Instrument Repayment Obligations herein authorized out of Revenues shall be created or incurred, unless the following requirements have been met: (a) No Event of Default is existing under this Indenture on the date of authentication of such Additional Bonds, unless (i) the Reserve Instrument Providers and Owners of all Outstanding Bonds have each consented to the issuance of such Additional Bonds despite the existence of an Event of Default. (b) Revenues for the Bond Fund Year immediately preceding the proposed date of issuance of such Additional Bonds are at least equal to 125% of (i) the Average Aggregate Annual Debt Service Requirement on all Bonds and (ii) all Reserve Instrument Repayment Obligations to be outstanding following the issuance of such Additional Bonds; provided, however, that such Revenue coverage test shall not apply to the issuance of any Additional Bonds to the extent they are issued for refunding purposes and the average Aggregate Annual Debt Service for such Additional Bonds does not exceed the then remaining average Aggregate Annual Debt Service for the Bonds being refunded therewith. (c) All payments required by this Indenture to be made into the Bond Fund must have been made in full, and there must be in the Debt Service Reserve Fund the full amount required by this Indenture to be accumulated therein at such time. (d) The proceedings authorizing the Additional Bonds must raise the amount to which the Debt Service Reserve Fund shall be accumulated to an amount no less than the Debt Service Reserve Requirement of all Bonds then outstanding (excluding Bonds which are to be refunded with the proceeds of the Additional Bonds), including the Additional Bonds. The proceeds of the Additional Bonds must be used (i) to refund Bonds issued hereunder or other obligations of the Issuer (including the funding of Master Resolution 14 Page 37 of 284 5-2 Public Hearing necessary reserves and the payment of costs of issuance) or (ii) to finance or refinance a project (including the funding of necessary reserves and the payment of costs of issuance). ARTICLE V MISCELLANEOUS Section 5.1 Default and Remedies. Failure of the Issuer to perform any covenant or requirement of the Issuer under this Resolution within thirty (30) days after having been notified in writing by a Bondholder of such failure, shall constitute an event of Default hereunder and shall allow each Bondholder to take the following enforcement remedies: (a) The Bondholder may require the Issuer to pay an interest penalty equal to 18% per annum of the outstanding principal amount and interest on the Series 2018 Bonds, said interest penalty to accrue from the date of the notice of the Bondholder to the Issuer referenced hereinabove until the default is cured by the Issuer. Said interest penalty shall be paid on each succeeding payment date until the default is cured by the Issuer. (b) The Bondholder may appoint a trustee bank to act as a receiver of the Revenues for purposes of applying said Revenues toward the Revenue allocations required in Section 3.4 herein and in general, protecting and enforcing each Bondholder's rights thereto, in which case, all administrative costs of the trustee bank in performing said function shall be paid by the Issuer. No remedy conferred herein is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to each Bondholder hereunder or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right, power or remedy accruing upon a default shall impair any such right, power or remedy or shall be construed to be a waiver of any default or acquiescence therein; and every such right, power or remedy may be exercised from time to time as may be deemed expedient. Section 5.2 Amendments to Resolution. Provisions of this Resolution shall constitute a contract between the Issuer and the Bondholder; and after the issuance of the Series 2018 Bonds, no change, variation or alteration of any kind in the provisions of this Resolution shall be made in any manner until such time as all of the Series 2018 Bonds have been paid in full except as hereinafter provided. The Bondholders shall have the right from time to time to consent to and approve the adoption by the Issuer of resolutions modifying or amending any of the terms or provisions contained in this Resolution in the manner and to the extent set out below. Whenever the Issuer shall propose to amend or modify this Resolution under the provisions of this section, it shall cause notice of the proposed amendment to be sent to all Bondholders of all Series 2018 Bonds then outstanding. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy of the proposed amendatory resolution is on file in the office of the City Recorder for public inspection. Master Resolution 15 Page 38 of 284 5-2 Public Hearing Should a Bondholder consent to the proposed amendment to this Resolution, it shall submit to the Issuer a written instrument which shall refer to the proposed amendatory resolution described in said notice and shall specifically consent to and approve the adoption thereof. Upon receipt of Bondholder consents representing at least seventy-five percent (75%) of the principal of Series 2018 Bonds outstanding, the governing body of the Issuer may adopt said amendatory resolution, and it shall become effective, provided, however, that nothing in this Section 5.2 shall permit or be construed as permitting (a) an extension of the stated maturity or reduction in the principal amount of, or reduction in the rate of or extension of the time of paying of interest on delinquent payments, without the consent of the Bondholder of such Series 2018 Bonds, or (b) a reduction in the amount or extension of the time of any payment required by any Fund or account established hereunder without the consent of the Bondholders of all the Series 2018 Bonds which would be affected by the action to be taken, or (c) a reduction in the aforesaid aggregate principal amount of Series 2018 Bonds, the Bondholders of which are required to consent to any such waiver or a mandatory resolution, or (d) affect the rights of the Bondholders of less than all Series 2018 Bonds then outstanding, without the consent of the Bondholders of all the Series 2018 Bonds at the time outstanding which would be affected by the action to be taken. If a Bondholder at the time of the adoption of such amendatory resolution shall have consented to and approved the adoption thereof as herein provided, said Bondholder shall not have any right or interest to object to the adoption of such amendatory resolution or to object to any of the terms or provision therein contained or to the operation thereof or to enjoin or restrain the Issuer from taking any action pursuant to the provisions thereof. Any consent given by a Bondholder pursuant to the provisions of this section shall be conclusive and binding upon all successive Bondholders. The fact and date of the execution of any instrument under the provisions of this section may be proved by the certificate of any officer in any jurisdiction who by the laws thereof is authorized to take acknowledgments of deeds within such jurisdiction, that the person signing such instrument acknowledged before him the execution thereof, or may be proved by an affidavit of a witness to such execution sworn to before such officer. Section 5.3 Maintenance of Proceedings. A certified copy of this Resolution and every amendatory or supplemental ordinance or resolution shall be kept on file in the office of the City Recorder where it shall be made available for inspection by any Bondholder or his agent. Upon payment of the reasonable cost of preparing the same, a certified copy of this Resolution, any amendatory or supplemental ordinance or resolution will be furnished to any Bondholder. The Bondholders may, by suit, action, mandamus, injunction, or other proceedings, either at law or in equity, enforce or compel performance of all duties and obligations required by this Resolution to be done or performed by the Issuer. Nothing contained herein, however, shall be construed as imposing on the Issuer any duty or obligation to levy any tax to pay the principal and interest on the Series 2018 Bonds authorized herein or to meet any obligation contained herein concerning the Series 2018 Bonds. Section 5.4 Defeasance of the Series 2018 Bonds. If the Issuer shall pay or cause to be paid, or there shall be otherwise paid or provision for payment made to the Master Resolution 16 Page 39 of 284 5-2 Public Hearing Registered Owner of the Series 2018 Bonds for the payments due or to become due thereon at the times and in the manner stipulated therein, then the first lien pledge of the Revenues under this Resolution and any and all estate, right, title and interest in and to any of the funds and accounts created hereunder (except moneys or securities held by a Depository Bank for the payment of the Series 2018 Bonds) shall be cancelled and discharged. Any Series 2018 Bond shall be deemed to be paid within the meaning of this section when payment of the Series 2018 Bonds (whether such due date be by reason of maturity or upon prepayment or redemption as provided herein) shall have been made in accordance with the terms thereof. At such time as the Series 2018 Bonds shall be deemed to be paid hereunder, they shall no longer be secured by or entitled to the benefits hereof (except with respect to the moneys and securities held by a Depository Bank for the payment of the Series 2018 Bonds). Section 5.5 Sale of Series 2018 Bonds Approved. The sale of the Series 2018 Bonds to the Community Impact Board, at par, is hereby ratified, confirmed, and approved. Section 5.6 Bondholders Not Responsible. The Bondholders shall not be responsible for any liabilities incurred by the Issuer in the acquisition of the Series 2018 Project. Section 5.7 Notice of Series 2018 Bonds to be Issued. In accordance with the provisions of the Act, the City Recorder has caused a "Notice of Public Hearing and Bonds to be Issued" (the "Notice") to be (a) published once a week for two consecutive weeks in the Times Independent, a newspaper having general circulation in the Issuer, and has caused a copy of the Parameters Resolution to be kept on file in the office of the City Recorder for public examination during regular business hours at least thirty (30) days from and after the date of publication thereof, (b) posted on the Utah Public Notice Website (http://pmn.utah.gov) created under Section 63F-1-701 Utah Code Annotated 1953, as amended, and (c) posted on the Utah Legal Notices website (www.utahlegals.com) created under Section 45-1-101, Utah Code Annotated 1953, as amended, no less than fourteen (14) days prior to the hearing. Such notice is hereby reaffirmed and approved. In accordance with the provisions of the Act and the Notice, a public hearing was held on July 25, 2018, to receive input with respect to the issuance of the Series 2018 Bonds and the potential economic impact that the Series 2018 Project will have on the private sector. Section 5.8 Additional Certificates, Documents, and Other Papers. The appropriate officials of the Issuer, and each of them, are hereby authorized and directed to execute and deliver for and on behalf of the Issuer any or all additional certificates, documents, and other papers and to perform all other acts they may deem necessary or appropriate in order to implement and carry out the matters authorized in this Resolution and the documents authorized and approved herein. Section 5.9 Severability. If any section, paragraph, clause, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Resolution. It is hereby declared by the governing body of the Master Resolution 17 Page 40 of 284 5-2 Public Hearing Issuer that it is the intention of the Issuer by the adoption of this Resolution to comply in all respects with the provisions of the Local Government Bonding Act, Title 11, Chapter 14, Utah Code Annotated, 1953, as amended. Section 5.10 Resolutions in Conflict. All resolutions or parts thereof in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed. Section 5.11 Effective Date of Resolution. This Resolution shall take effect immediately upon its approval and adoption. Master Resolution 18 Page 41 of 284 5-2 Public Hearing (SEAL) By: Mayor ATTEST: By: City Recorder S-1 MASTER RESOLUTION Page 42 of 284 5-2 Public Hearing EXHIBIT A FORM OF STATE BONDS UNITED STATES OF AMERICA STATE OF UTAH MOAB CITY SALES TAX REVENUE BONDS SERIES 2018 $ Moab City, Utah (the "Issuer"), a political subdivision and body politic of the State of Utah, acknowledges itself indebted and for value received hereby promises to pay, but solely in the manner and from the revenues and sources hereinafter provided, to the registered owner hereof or registered assigns, the principal amount of not more than $ , together with interest accruing beginning October 1, 2018 on the unpaid principal balance from date of delivery of the Bonds, at the rate of percent ( %) per annum (calculated on the basis of a year of 360 days comprised of twelve 30- day months), payable annually on October 1 of each year, with principal and interest installments beginning October 1, 2019. Principal together with accrued but unpaid interest shall be payable in registered installments on October 1 of each of the years as set forth in the following Repayment Schedule: Principal Installment Payment Date Principal Payable A-1 Page 43 of 284 5-2 Public Hearing Except as provided in the following paragraph, principal and interest payments, whether at maturity or by redemption, shall be payable upon surrender of this Bond at the offices of the Paying Agent, or of any successor Paying Agent. As long as the State of Utah Permanent Community Impact Fund Board (the "Community Impact Board") is the registered holder of this Bond, installment payments of principal and interest shall be made by check or draft mailed to the Community Impact Board as the registered holder at the address shown on the registration books maintained by the Registrar. The Series 2018 Bonds shall be issued on a parity with the Issuer's Parity Bonds, such that the Series 2018 Bonds are secured by an equal lien pledge of the Net Revenues with said Parity Bond. If any installment of Bond principal and/or interest is not paid when due and payable, the Issuer shall pay interest on the delinquent installment at the rate of eighteen percent (18%) per annum from said due date until paid. All payments shall be made in any coin or currency which on the date of payment is legal tender for the payment of debts due the United States of America. This Bond is payable solely from a special fund designated "Moab City, Utah Sales Tax Revenue Bond Fund," into which fund and into a reserve therefor, to the extent necessary to assure prompt payment of this Bond, shall be pledged 100% of the Revenues, as defined in the Supplemental Master Resolution dated as of , 2018, (the "Master Resolution"). This Bond is issued pursuant to (a) the Master Resolution and (b) the Local Government Bonding Act, Title 11, Chapter 14, Utah Code Annotated, 1953, as amended, for the purpose of financing installation of flood control and storm water detention improvements, and all related improvement (the "Series 2018 Project"). This Bond is a special limited obligation of the Issuer payable solely from the Revenues (as defined in the Master Resolution) and does not constitute an indebtedness of the Issuer within the meaning of any state constitutional or statutory limitation. In no event shall this Bond be deemed or construed to be a general obligation indebtedness of the Issuer or payable from any funds of the Issuer other than the Revenues (as defined in the Master Resolution). As provided in the Master Resolution, bonds, notes, and other obligations may be issued from time to time in one or more series in various principal amounts, may mature at different times, may bear interest at different rates, and may otherwise vary as provided in the Master Resolution, and the aggregate principal amount of such bonds, notes, and other obligations which may be issued is not limited. This Bond and all other bonds, notes and other obligations issued and to be issued under the Master Resolution on a parity with this Bond are and will be equally and ratably secured by the pledge and covenants made therein, except as otherwise expressly provided or permitted in or pursuant to the Master Resolution. A-2 Page 44 of 284 5-2 Public Hearing This Bond is subject to prepayment and redemption at any time, in whole or in part (if in part, in integral multiples of $1,000), at the election of the Issuer in inverse order of the due date of the principal installments hereof and by lot selected by the Issuer if less than all Bonds of a particular due date are to be redeemed, upon notice given as hereinafter set forth, at a redemption price equal to the principal amount to be so prepaid. Notice of redemption shall be mailed by the Issuer, postage prepaid, not less than thirty (30) days prior to the date fixed for prepayment, to the registered owner of this Bond addressed to such owner at its address appearing on the registration books maintained by the Issuer. Subject to the provisions of the Master Resolution, the Bonds are issuable in fully registered form, without coupons, in denomination equal to the principal amount of the bonds or, upon exchange, in the denomination of $1,000 and any integral multiple thereof. The Issuer covenants and agrees that any resolution, ordinance, or other enactment of the governing body of the Issuer applying the Revenues for the payment of the Bonds shall be irrevocable until these Bonds have been paid in full, and shall not be subject to amendment in any manner which would impair the rights of the holders of such Bonds or which would in any way jeopardize the timely payment of principal when due. IN ACCORDANCE WITH SECTION 11-14-307(3), UTAH CODE ANNOTATED 1953, AS AMENDED, THE STATE OF UTAH HEREBY PLEDGES AND AGREES WITH THE HOLDERS OF THE BONDS THAT IT WILL NOT ALTER, IMPAIR OR LIMIT THE EXCISE TAXES IN A MANNER THAT REDUCES THE AMOUNTS TO BE REBATED TO THE ISSUER WHICH ARE DEVOTED OR PLEDGED AS AUTHORIZED IN SECTION 11-14-307(3), UTAH CODE ANNOTATED 1953, AS AMENDED, UNTIL THE BONDS, ARE FULLY MET AND DISCHARGED; PROVIDED, HOWEVER, THAT NOTHING SHALL PRECLUDE SUCH ALTERATION, IMPAIRMENT OR LIMITATION IF AND WHEN ADEQUATE PROVISION SHALL BE MADE BYLAW FOR PROTECTION OF THE HOLDERS OF THE BONDS. To the extent and in the respects permitted by the Master Resolution, the Master Resolution may be modified or amended by action on behalf of the Issuer taken in the manner and subject to the conditions and exceptions prescribed in the Master Resolution. The holder or owner of this Bond shall have no right to enforce the provisions of the Master Resolution or to institute action to enforce the pledge or covenants made therein or to take any action with respect to an event of default under the Master Resolution or to institute, appear in, or defend any suit or other proceeding with respect thereto, except as provided in the Master Resolution. This Bond shall be registered in the name of the initial purchaser and any subsequent purchasers in an appropriate book in the office of the City Recorder of the Issuer, who shall be the Registrar. This Bond is transferable only by notation upon said book by the registered owner hereof in person or by his attorney duly authorized in writing, by the surrender of this Bond, together with a written instrument of transfer satisfactory to A-3 Page 45 of 284 5-2 Public Hearing the Issuer, duly executed by the registered owner or his attorney duly authorized in writing; thereupon, this Bond shall be delivered to and registered in the name of the transferee. It is hereby declared that all acts, conditions, and things required to exist, happen, and be performed precedent to and in the issuance of this Bond have existed, have happened, and have been performed in regular and due time, form, and manner as required by law, that the amount of this Bond does not exceed any limitation prescribed by the Constitution or statutes of the State of Utah, that the Revenues (as defined in the Master Resolution) have been pledged and that an amount therefrom will be set aside into a special fund by the Issuer sufficient for the prompt payment of this Bond and all bonds issued on a parity with this Bond, if any, and that said Revenues are not pledged, hypothecated, or anticipated in any way other than by the issue of this Bond and all bonds issued on a parity with this Bond, if any. A-4 Page 46 of 284 5-2 Public Hearing IN TESTIMONY WHEREOF, the Issuer has caused this Bond to be signed (by manual or facsimile signature) by its Mayor and countersigned (by manual or facsimile signature) by its City Recorder under the seal of said Issuer this , 2018. (SEAL) ATTEST: By: City Recorder By: Mayor A-5 Page 47 of 284 5-2 Public Hearing REGISTRATION CERTIFICATE (No writing to be placed herein except by the Bond Registrar) Date of Registration Name of Registered Owner Signature of Bond Registrar State of Utah Permanent Community Impact Fund Board A-6 Page 48 of 284 5-2 Public Hearing EXHIBIT B FORM OF EXCHANGE BOND UNITED STATES OF AMERICA STATE OF UTAH MOAB CITY SALES TAX REVENUE BONDS SERIES 2018 INTEREST RATE MATURITY DATE ISSUE DATE % Registered Owner: Principal Amount: Dollars Moab City, Utah (the "Issuer"), a political subdivision and body politic of the State of Utah, acknowledges itself indebted and for value received hereby promises to pay, but solely in the manner and from the revenues and sources hereinafter provided, to the Registered Owner identified above, or registered assigns, on the Maturity Date specified above, upon presentation and surrender thereof, the Principal Amount identified above. Interest at the Interest Rate specified above on the Principal Amount hereof (calculated on the basis of a year of 360 days comprised of twelve 30-day months) shall be payable by check or draft mailed by the City Recorder of Moab City, Utah (the "Paying Agent") to the Registered Owner hereof beginning and on each October 1 thereafter until this Bond is paid in full. Principal and redemption price of this Bond shall be payable upon presentation of this Bond to the Paying Agent, or its successor as such paying agent, for payment at maturity. If this Bond or any installment of interest hereon is not paid when due and payable, the Issuer shall pay interest on the unpaid amount at the rate of eighteen percent (18%) per annum from the due date thereof until paid in full. This Bond is one of an authorized issue of bonds of like date, term and effect except as to maturity, in the aggregate principal amount of Dollars ($ ) issued in exchange for the conversion of the Issuer's Sales Tax Revenue Bonds, Series 2018 dated , 2018, in the total principal sum of $ , authorized by a Parameters Resolution adopted on June 26, 2018, and a Master Resolution of the Issuer dated as of , 2018 (collectively, the "Master Resolution"). This Bond and the issue of Bonds of which it is a part is issued pursuant to (i) the Master Resolution and (ii) the Local Government Bonding Act, Title 11, Chapter 14, Utah Code Annotated, 1953, as amended, for the purpose of financing the costs of construction of infrastructure and system improvements, including roads, utilities, storm water system facilities and street lighting and all related improvements (the "Series 2018 Project"). This Bond is a special limited obligation of the Issuer payable solely from the Revenues (as defined in the Master Resolution) and does not constitute an indebtedness of the Issuer within the meaning of any state constitutional or statutory limitation. In no event shall this Bond be deemed or B-1 Page 49 of 284 5-2 Public Hearing construed to be a general obligation indebtedness of the Issuer or payable from any funds of the Issuer other than the Revenues (as defined in the Master Resolution). As provided in the Master Resolution, bonds, notes and other obligations may be issued from time to time in one or more series in various principal amounts, may mature at different times, may bear interest at different rates and may otherwise vary as provided in the Master Resolution, and the aggregate principal amount of such bonds, notes and other obligations which may be issued is not limited. This Bond and all other bonds, notes and other obligations issued and to be issued under the Master Resolution on a parity with this Bond are and will be equally and ratably secured by the pledge and covenants made therein, except as otherwise expressly provided or permitted in or pursuant to the Master Resolution. The Bonds are subject to redemption prior to maturity at any time, in whole or in part (if in part, in integral multiples of $1,000), at the election of the Issuer in inverse order of maturity and by lot within each maturity if less than the full amount is redeemed, upon not less than thirty (30) days' nor more than forty-five (45) days' prior notice, at a redemption price equal to 100% of the principal amount of each Bond to be redeemed. Notice of redemption shall be mailed by the Issuer, postage prepaid, to the registered owners of said Bonds addressed to such owners at their address appearing on the registration books maintained by the Issuer. Subject to the provisions of the Master Resolution, the Bonds are issuable in fully registered form, without coupons, in denomination equal to the principal amount of the bonds or, upon exchange, in the denomination of $1,000 or any integral multiple thereof. The Issuer covenants and agrees that any resolution, ordinance or other enactment of the governing body of the Issuer applying the Revenues for the payment of the Bonds shall be irrevocable until the Bonds have been paid in full, and shall not be subject to amendment in any manner which would impair the rights of the holders of such Bonds or which would in any way jeopardize the timely payment of principal when due. IN ACCORDANCE WITH SECTION 11-14-307(3), UTAH CODE ANNOTATED 1953, AS AMENDED, THE STATE OF UTAH HEREBY PLEDGES AND AGREES WITH THE HOLDERS OF THE BONDS THAT IT WILL NOT ALTER, IMPAIRORLIMITTHEEXCISE TAXES IN A MANNER THAT REDUCES THE AMOUNTS TO BE REBATED TO THE ISSUER WHICH ARE DEVOTED OR PLEDGED AS AUTHORIZED IN SECTION 11-14-307(3), UTAH CODE ANNOTATED 1953, AS AMENDED, UNTIL THE BONDS, ARE FULLY MET AND DISCHARGED; PROVIDED, HOWEVER, THAT NOTHING SHALL PRECLUDE SUCH ALTERATION, IMPAIRMENT OR LIMITATION IF AND WHEN ADEQUATE PROVISION SHALL BE MADE BY LAW FOR PROTECTION OF THE HOLDERS OF THE BONDS. To the extent and in the respects permitted by the Master Resolution, the Master Resolution may be modified or amended by action on behalf of the Issuer taken in the manner and subject to the conditions and exceptions prescribed in the Master Resolution. B-2 Page 50 of 284 5-2 Public Hearing The Registered Owner of this Bond shall have no right to enforce the provisions of the Master Resolution or to institute action to enforce the pledge or covenants made therein or to take any action with respect to an event of default under the Master Resolution or to institute, appear in, or defend any suit or other proceeding with respect thereto, except as provided in the Master Resolution. This Bond is transferable by the registered holder hereof in person or by his attorney duly authorized in writing at the office of the City Recorder (the "Registrar") in Moab City, Utah, but only in the manner, subject to the limitations and upon payment of the charges provided in the Master Resolution and upon surrender and cancellation of this Bond. Upon such transfer a new registered Bond or Bonds of the same series and the same maturity and of authorized denomination or denominations for the same aggregate principal amount will be issued to the transferee in exchange therefor. It is hereby certified, recited, and declared that all conditions, acts, and things essential to the validity of this Bond and the issue of which it forms a part do exist, have happened, and have been done, and that every requirement of law affecting the issue hereof has been duly complied with; that this Bond and the issue of which it forms a part does not exceed any limitation prescribed by the Constitution and laws of the State of Utah; that one hundred percent (100%) of the Revenues (as defined in the Master Resolution) have been pledged and will be set aside into said special fund by the Issuer to be used for the payment of this Bond and the issue of which it forms a part and all bonds issued on a parity with this Bond, if any, and that said Revenues are not pledged, hypothecated, or anticipated in any way other than by the issue of Bonds of which this Bond is one and all bonds issued on a parity with this Bond, if any. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed (by manual or facsimile signature) by its Mayor and countersigned (by manual or facsimile signature) by its City Recorder with the seal of said Issuer affixed, all as of (SEAL) ATTEST: By: (Do Not Sign) City Recorder By: (Do Not Sign) Mayor B-3 Page 51 of 284 5-2 Public Hearing ASSIGNMENT FOR VALUE RECEIVED, , the undersigned, hereby sells, assigns and transfers unto (Tax Identification or Social Security No. the within Bond and all rights thereunder and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature to this assignment must correspond with the name as it appears on the face of this Bond in every particular, without alteration or enlargement or any change whatever. Signature Guaranteed: THE SIGNATURE(S) SHOULD BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION (BANKS, STOCKBROKERS, SAVINGS AND LOAN ASSOCIATIONS AND CREDIT UNIONS WITH MEMBERSHIP IN AN APPROVED SIGNATURE GUARANTEE MEDALLION PROGRAM), PURSUANT TO S.E.C. RULE 17Ad-15. B-4 Page 52 of 284 5-2 Public Hearing Moab City Council Agenda Item Meeting Date: July 25, 2018 Resolution 35-2m8 Title: Resolution #35-2m8—A Resolution to Adopt Guidelines and Procedures for Community Contributions Presenter: David Everitt Attachment(s): - Community Contributions Overview and Proposed Guidelines - Evaluation Rubric for Grants and Sponsorships Suggested Motion: I move to approve Resolution 35-2018 -- A Resolution to Adopt Guidelines and Procedures for Community Contributions. Options: Approve, deny or modify. Background/Summary: The Council requested a revision to the process by which the City disburses funds to community organizations that provide social services and cultural programs to the residents of Moab. This proposed framework aims to streamline the application and funding process. It also eliminates the fee waiver process, which will be replaced with a Special Event Sponsorship process. The attached materials will explain the City's approach for the current year and also future years. Of particular interest to Council will be the decision regarding authority for dispersal of funds. The choices include: • Council approval of the overall funding level as part of the budget process (already determined for the current year) with individual awards authorized by the City Manager based on the recommendations of a committee that is proposed to be comprised of City staff and community representation, or • Council approval of a specific slate of awards and award levels after approval of the fiscal year budget. Staff will reach out to community organizations, including those which have received grants and/or fee waivers in the past to explain the new guidelines and procedures. 1 Page 53 of 284 6-1 Old Business CITY OF MOAB RESOLUTION NO. 35-2018 A RESOLUTION TO ADOPT GUIDELINES AND PROCEDURES FOR COMMUNITY CONTRIBUTIONS WHEREAS, Moab's municipal government has a desire to support the work of community -based organizations that benefit the residents of Moab; and WHEREAS, existing procedures to provide support to community organizations and to waive fees for special events which benefit local non-profit agencies are problematic; and WHEREAS, the Moab City Council requested a revision to the process by which the City may allocate funds to community organizations that provide social services and cultural programs that benefit the residents of Moab. THEREFORE, be it resolved that the Moab City Council adopts guidelines and procedures for community contributions as outlined in the Community Contributions Program Overview and Guidelines: 2018-2019, to be updated and administered on an annual basis. SIGNED: ATTEST: Emily Niehaus, Mayor Danielle Guerrero, Deputy Recorder Page 54 of 284 6-1 Old Business CITY OF MOAB UTAH COMMUNITY CONTRIBUTIONS GRANT PROGRAM Overview and Guidelines: 2018-2019 GRANTS FOR LOCAL ORGANIZATIONS The City of Moab recognizes the value of local organizations which provide specialized social services and cultural programs that benefit the citizens of Moab. Each year, the City Council sets aside an appropriation earmarked to support the Community Contributions Grant Program. Every request will be considered but not all requests may receive funding. Organizations serving the residents of Moab are eligible to apply. Applications for funding will be considered annually. Total funding available for Grant Year 2018-2019 is $82,500. DESCRIPTION OF PROGRAM: Moab's 2018-2019 Community Contribution Grant Program is intended to provide monetary grants to eligible community non-profit organizations for qualifying programs. The City recognizes the value of such programs, which provide specialized social services and cultural programs benefiting its citizens. All local organizations are eligible to apply, however, not all programs may receive funding. Moab's 2018-2019 Special Events Sponsorship Program is intended to provide funds for those organizations which seek to defray expenses associated with locally -hosted special events. In the past, the City Council voted to waive certain special event fees upon request; this Sponsorship Program replaces the fee waiver option with monetary awards that may be used for fees and expenses related to producing special events within the City limits. ELIGIBILITY STANDARDS: To be eligible to apply for grant monies under the City's 2018 Community Contributions Grant Program, a community non-profit organization must satisfy the following standards: (1) serve the Moab community and; (2) operate as a 501(c)(3) organization or other tax-exempt entity; (3) directly provide* the social service(s), recreational, educational or cultural program(s) for which grant monies are sought; (4) not be a pervasively sectarian religious institution or requesting funds for specifically religious activities; and, (5) propose to use grant monies for projects within the City limits. General operating expenses are ineligible for consideration. Certain for -profit companies may be eligible if all proceeds from grant -funded projects are bestowed upon a qualifying local charity or City -authorized program. *"Directly provide" means that the community non-profit organization conducts the social service(s) or cultural program(s) itself rather than through a separate entity to which it sub -awards grant monies. A community non-profit organization that is affiliated with a church, synagogue, mosque or similar entity shall not be deemed a "pervasively sectarian religious institution." Page 55 of 284 6-1 Old Business APPLICATION PROCESS: I. Completion of Application Form All interested non-profit organizations must complete an application, including: • Indication of Grant Request or Special Event Sponsorship Request • Name and address of the non-profit organization (applicant is required to list the local branch if it represents a national or statewide organization.) • Description of community services provided. • Relationship of non-profit organization to the community. • Current membership figures and approximate number of Moab residents served by the non- profit organization. • Amount of funds requested. • Proposed project and budget plan for the use of the grant funds and indicate other proposed revenue sources. • Proof of 501(c)(3) status with a copy of the letter from the IRS or an explanation of tax-exempt status. • Financial statements from the overall organizational budget for the past two years including the current year with balance sheets and profit/loss statements and program costs. • A list of overall organizational annual sources of revenue received. • Any applicant who received grant funds from the City in the past three years shall indicate the year the funds were received, the amount of funds received and document how the funds were utilized. This includes fee waivers and in -kind donations. II. Application Deadline Completed application form along with supplemental documents must be submitted by August 15, 2018. III. Evaluation of Applications and Selection Process Following the application deadline, the City Council's appointed Community Contributions Ad -Hoc Grant Committee will review and consider proposals from community organizations. Applicants may be asked to attend a public meeting to address the Committee, answer questions, clarify their use of funds, etc. All proposals will be evaluated to ascertain which non-profit organizations best meet the social service and cultural program needs that the City seeks to satisfy. Factors to be considered include, but are not limited to, the following: A. The non-profit organization's responsiveness in clearly stating the benefits to be derived by the residents of Moab, if grant funds are awarded; B. The number of Moab residents by age group served by the non-profit organization; and total number of clients served by the non-profit organization; C. The non-profit organization's history of providing community services to the residents of Moab; and D. The non-profit organization's financial need for grant funds to service Moab residents. Page 56 of 284 6-1 Old Business IV. Award of Funds Following the Community Contributions Grant Committee's screening and award process, the Committee will report its awards to the Mayor and City Council. V. Execution of Agreement Non-profit organizations selected to receive funds will be required to sign and execute an agreement with the City of Moab. NOTE: If award of funds is made, a recipient non-profit organization will be required to expend grant monies prior to June 1, 2019. Page 57 of 284 6-1 Old Business Community Contributions Evaluation Rubric GRANTS Organization Application Complete? Project Name Inside City Limits? Other City Contributions City gap or Overlap? FY18 Funded FY19 Request Organizations must be local 501(c)(3) or please explain. Includes application, 501c3 status, history of City funding, organizational budget, other funding sources Per the "Short Case,"* General Operating Funds are not eligible. Does the request meet the "Short Test"? Yes or No Note Fee Waivers and In- Kind Contributions from past and current years. Is this an essential service not currently provided by the City government? What level of funding is provided in the City's existing budget? Recommended by City staff (Public Works, Police, Recreation, etc.)? Is this tied to the City's General Plan or other guiding document? Specific amounts granted in 2018 or prior years Amount requested this year * The following points concerning governmental contributions are excerpted from the 1999 Utah Supreme Court "Short Case" in which the Salt Lake County Commission v. Salt Lake County Attorney Douglas Short were in conflict about, among other things, the appropriateness of certain government contributions to private enterprises using government funds. Find the entire brief at: https://law.lustia.com/cases/utah/supreme-court/1999/slcounty.html • The Commission can expend [public monies] only in exchange for fair value. • [Community contributions] must prove a detailed showing of the benefits to be obtained from the money given. • A general finding that any of the contributions will provide a benefit, without specifying exactly what that benefit is, in present market value terms, is not specific enough to qualify the benefit. Community Contributions Evaluation Rubric SPECIAL EVENT SPONSORSHIPS Organization Application Complete? Event Name and Date Community Benefit Event Overhead FY18 Funded FY19 Request Need not be a 501(c)(3) Includes application, 501c3 status, organizational budget other funding sources Indicate one-time request or ongoing (annual) event If event is a fund-raiser, state the specific community benefit provided by organization. General Operating Funds are not eligible. Describe the event budget including net proceeds. What percentage of net equals the requested waiver? Specific amounts granted in 2018 or prior years including in -kind contributions and grants. Amount requested this year (Application Fee is ineligible for waiver.) ssau!sn9 PIO I-9 Page 58 of 284 Moab City Council Agenda Item Meeting Date: July 25, 2018 Title: Communications Plan and Policies Date Submitted: July 17, 2018 Presenters: Lisa Church Attachments: - Draft communications plan - Draft communications policies - Proposed resolution Possible Motion: I move approve Resolution #39-2m8 regarding the City of Moab's Communications Plan and Policies. Background/Summary: The City hired a Lisa as the Communications and Engagement Manager in 2or7, and she has developed a draft communications plan and set of policies for internal use. This briefing is an opportunity for the Council to provide input into those documents and endorse them via resolution. 1 Page 59 of 284 7-1 New Business CITY OF MOAB RESOLUTION NO. 39-2°18 A RESOLUTION ENDORSING THE CITY OF MOAB'S COMMUNICATION PLAN AND POLICIES WHEREAS, Moab's municipal government desires to engage the public in effective and efficient methods of communication; and WHEREAS, the City of Moab 2017-2018 Administrative Work Plan contains the following: "6.11 Create a Communications Plan. The Plan will address internal and external engagement and standards for communication"; .and WHEREAS, the City's Communications and Engagement Manager has drafted a five-year communications plan and communications policies; THEREFORE, be it resolved that with the approval of this Resolution, the Moab City Council endorses the City of Moab Communications Plan 2018-2023 and the City of Moab Communications Policies. SIGNED: ATTEST: Emily S. Niehaus, Mayor Danielle Guerrero, Deputy Recorder Page 60 of 284 7-1 New Business COMMUNICATIONS and CITY OF MOAB U TA,1-1 of 284 217 East Center Street Moab, Utah 435-259-5121 7-1 New Business Introduction The City of Moab embraces the importance of citizen involvement and engagement as well as the knowledge and resources our citizens contribute to our community. Clear understanding of citi- zen concerns, perceptions and points of view is crucial to helping the City make critical decisions that affect the everyday lives of our residents. The City must be responsive to the needs of our citizens and identify, create and budget resources to effectively engage community members so that they are encouraged to become active participants in the overall decision -making process whenever possible. Public engagement and communication are integral to the overall health and well-being of the Moab community. The City of Moab's communications and engagement plan is a fluid document that identifies and aligns the City's ongoing public information activities with the goals, objectives, and key messages of government, as determined by Moab's elected officials, the City Manager and staff. The plan will serve as a guide for communication and engagement policy for all City staff and elected officials. Inform Consult Involve Collaborate Empower skiViek• •ittr• • • fiVi Inform Involve LOW level of Mid level of public engagement public engagement Source: International Association for Public Participation -0. Empower High level of public engagement Effective communication benefits our residents and helps the City meet goals in many ways: • Encourages knowledgeable participation. Residents can better express their needs and work in cooperation with the City when they know the facts about City plans and actions. Consistent, clear communication from the City can help launch a civil, community -wide conversation and encourage citizen involvement. • Helps boost community satisfaction. Better understanding about City services, projects and plans leads to better understanding of how City revenues are used and helps improve citizens' confidence in government. • Encourages growth, attracts good employees, and improves government service. Ongoing communication with our residents is a sound, important investment in Moab's future and should be considered among the City's primary functions. City of Moab staff and elected officials should take the lead in talking with our citizens and telling the City's story — accurately, comprehen- sively, and with honesty and candor. Page 62 of 284 7-1 New Business City of Moab Communications and Engagement Mission: • To communicate information to Moab's citizens quickly, clearly, openly and proactively. • To inspire Moab's citizens to become more civically involved and engaged with City government and to be our leaders in the future. • To tell the story of the City of Moab. Principals for Community Engagement • Transparent and Timely— Guarantees government transparency for all audiences and com- municates information as soon as we have it. • Accessible — Ensures information is easy to find and understand — at City Hall as well as through online and other resources. • Responsive — Places citizens' needs first and adapts quickly to change. • Accountable — Creates clear guidelines that help citizens understand their role in civic partici- pation, the level of citizen engagement and provides follow-up regarding outcomes. • Early Involvement — Communicates with residents as early as possible regarding projects, plans, etc. so citizens have the opportunity to get the facts directly from the City source and to actively participate in the public process. • Diverse and Inclusive — Develops outreach strategies to involve citizens from all the diverse walks of life that make Moab the community it is and provide all residents with the opportunity to participate, resulting in a balanced perspective of overall community needs and goals. • Reciprocal Respect — Engages with citizens in ways that are fair, respectful and help foster understanding among wide-ranging values, ideas and interests. • Evaluate and Improve — Evaluates and monitors the various civic engagement activities to ensure effectiveness. External Communications - Citizens and Media Strategies and Actions 1. Inform, educate and engage City residents about City services, projects, responsibilities and results. These efforts must always be timely, transparent and straightforward. • The Communications and Engagement Manager often serves as the first point of contact for city residents who have questions, issues or concerns, and acts as public information officer for the City. • Proactively use social media, website and news releases to push out information about city work projects, meetings, events and other news. At least three posts per week on Facebook and Twitter, and more when needed. Also, utilize the Moab City YouTube channel and post educational, engaging and informative video content regarding City government, history and activities. • Develop a printed quarterly or biannual community newsletter to update all residents/businesses about important City issues. Page 63 of 284 7-1 New Business 2. Improve citizen outreach and engagement efforts and build bridges that foster trust, understanding, civil participation and respect. • Schedule Town Hall -style meetings to invite citizen input about specific issues, plans and proj- ects. These meetings must include participation by Moab City Council members, the Mayor and ap- propriate City staff. • Plan "City Walk" events in neighborhoods, downtown, etc., to bring residents and City officials together on the ground to discuss projects that will impact those areas. These meetings must include participation by Moab City Council members, the Mayor and appropriate City staff. • Produce formal "State of the City" annual report/video and make available to the public. • Conduct focus groups and hold roundtable discussions with key citizens and business owners to find out what information citizens want to know and what they feel is lacking regarding City commu- nications efforts. Also periodically use online and/or by -mail surveys to seek input from residents. Implications How does the information help us decide what to do? Findings What story does t h e information tell us? Haw does it change what we knew before? Engagement method What's the best process to get the information? (e.g- survey, community meeting, workshop, social media etc.) The issue What is the issue we wart to address? (What is the decision to be made) 1 Information/input needed What information & input do we want from the community? (focus questions) Source: ACELG.org.au 3. Create programs to foster future leaders • Develop and create an 8- to io-week "Citizens Academy" during which citizen participants have the opportunity to learn from all the City departments about how they operate and how City govern- ment works. Page 64 of 284 7-1 New Business " Develop and create an 8- to 10-week "Youth Government Academy" for ninth through 12th grade students aimed at helping local high school students learn about municipal programs, services and government operations and to inspire them to become the leaders of the future. 4. Provide timely, accurate information to the media regarding city projects, long-term plan- ning, emergency incidents and other matters. " Be responsive, timely and accurate regarding media inquiries. " Proactively provide City information for media stories, and seek media coverage for special events, projects and programs. " Communications and Engagement Manager is first point of contact for all media inquiries, and acts as the public information officer for the City. " Coordinate with City Manager, department heads and other City officials to ensure dissemination of consistent, reliable and accurate information to media and quickly provide answers to questions posed by journalists for news stories about the City. " Maintain a local and region -wide media contact list to enable fast dissemination of information as needed. " Engage in direct communication by phone, in person, via email, etc. to provide clear and accurate information to media outlets, discuss stories and schedule media interviews as needed with city offi- cials. Internal Communications - City Staff and Departments Strategies and Actions 1. Conduct regular internal communications audits to determine staff and departmental needs and goals for communications. " Document what staff members are doing in the way of communications, both internally and with the public. " Document what the current communications efforts are intended to achieve and determine how effective those efforts have been. 2. Help departments set goals and provide tools for communicating with the public. " Brainstorm with City staff regarding communications needs and desires. " Interview City Manager, Mayor and City Council members to determine their goals and wishes for communications from departments. " Help departments set overall goals for communications objectives. " Develop a monthly or bi-monthly (every two months) newsletter to update City staff about changes, progress, projects and activities in the City. Each newsletter will include a feature on a City staff member and that feature will also be posted to City social media. Page 65 of 284 7-1 New Business g. Create annual calendar for upcoming City projects, plans, etc. • Meet with department heads and City Manager at least twice annually to map out list of projects projected to begin in the upcoming and current calendar year. • Develop working calendar to identify potential start dates for those projects. (This will be an on- going and fluid list as project dates sometimes change.) • Create schedule for news releases, announcements and community engagement events for vari- ous projects that will include citizen input. 4. Develop cohesive, standardized branding for City • Create templates for external city communications for use by all departments that send out infor- mation to the public. Provide training on how to use those templates as needed. • Citywide communications policy is included in this plan — see Appendix A. Digital Communications Redesign and Rebrand the City of Moab Website The City's website design will be revitalized as part of a new effort to rebrand the City of Moab. The rebranding of the website includes new navigation, fresh content and a modern design to improve usability for City residents, visitors and Moab City staff and encourage. During the redesign, a policy and process will be developed regarding the use of outside website hosting platforms for a variety of City departments that have already created their own separate web - sites. Closely monitor website analytics and update information as needed. Film and Promote Brief Public Service Announcements Create public service announcement for use on the City's website and social media. City of Moab Public Service Announcements will be educational and will feature relevant topics that are helpful to residents. Social Media Presence • Post announcements, notices, activities and a wide variety of other information at least three to four times per week on Facebook and Twitter. • Create informational content, including PSAs, for City of Moab's YouTube channel and post at least bi-weekly. Page 66 of 284 7-1 New Business Social Media Policy The City Communications and Engagement Manager will create a formal citywide social media policy to be followed by all departments. The Police Department and a few other departments have created their own Facebook pages. The Communications Manager will work with those departments to ensure all posts follow established City social media policy. Conduct Online Community Engagement Campaigns City Communications will develop proposals for regular online and social media campaigns de- signed to increase engagement with local residents through the website and social media sites. These could include: • Periodically posting historic photos of the City to encourage local residents to share their memo- ries. • Periodically posting images or video of goings-on throughout the city or of city employees at work doing various projects. • Posting "Fast Facts" on a weekly basis to provide residents with educational (and sometimes fun) information about various City facilities, projects, etc. Benchmarks: Tracking for Success • Develop process for tracking success of all elements of the City of Moab Communications Plan. • Once a baseline for these activities is established, analyze and measure impacts of each element and track annual results and input for ongoing success. Page 67 of 284 7-1 New Business City of Moab COMMUNICATIONS POLICIES DRAFT 7-1 New Business Overview It is important that information flow between the City, residents, businesses and community partners remains consistent, clear and frequent so that stakeholders are informed. Through a variety of mediums, the City is equipped to connect with constituents so that transparency is evident and public participation and engagement continues. It is becoming more and more difficult to "tell our story" through traditional means. Information contained in press releases is routinely not covered by local media making it difficult to transmit information. This has created a need and desire to find ways to connect to the citizens of Moab without relying on the media to do it for us. In addition, due to reduced coverage from traditional media organizations, the City must grapple with the fact that more people are now relying on multiple, non-traditional outlets to receive their news and information. Non-traditional outlets are influencing opinions and decisions in some cases solely, if not as much or more, than traditional media. In order to reach these individuals, it is necessary for the City to enter into these non-traditional networks to provide the information where citizens are now engaged. This will be a major focus of the City's communication efforts. 7-1 New Business Communications Manager Role The Moab City Communications Manager works directly under the general direction of the Moab City Manager. The primary purpose of this position is to plan, implement and manage positive and proactive communication programs and strategies for the City of Moab. This includes, but is not limited to, creating, coordinating, managing, maintaining and producing communications, publications, messages, announcements, statements and other exchanges of effective information for all departments. Responsibilities include dissemination of marketing and promotional strategies, website design, social media, newsletters, print publications, website maintenance and positive image enhancement for the City of Moab. The Communications Manager should be involved at the beginning and end of all projects, notified immediately during crisis or changes in procedures, codes or policy and when any contact is being made with media or the public. The intention is to create consistency; check and balance the City's follow through and notify appropriate departments. Goal A consistent and timely voice is key when it comes to communicating to the public. We must all keep in mind the core principles of the City if we are in a position of messaging on behalf of the City. We continue to build awareness about events, issues and topics of interest to stakeholders both internally and externally to the City of Moab. Protect the brand by ensuring one voice represents the City, with a common tone and consistent message. 7-1 New Business Branding A consistent brand is important because it increases customer recognition, helps define messaging and it reinforces identity. Here is a quick overview of items to keep in mind as you "brand" City documents. For a more comprehensive review of branding protocol, contact the City's Communications Manager at 435-355-064o or lchurchPmoabcity.org. • Use only Moab City approved logos in written and printed materials. • Use Georgia font in all official documents, including news releases, minutes, agendas, agenda bills, official memorandums and all correspondence. (12-point font and single spacing are recommended.) • Email signature fonts are Georgia (name) Tahoma (all other information) at Normal size. 7-1 New Business Social Media Policy • Use of new Social Media platforms must be approved by the Moab City Communications Manager and Department Director before creation. This includes, but is not limited to, Facebook, Instagram, Twitter, Google+, YouTube, and Pinterest. • Once approved, the Communications Manager must be made an administrator on the sites along with other approved managers or administrators. • At least three city employees must be set up as administrators for social media sites (Department Director, Communications Manager, and the designated admin from within the department.) For sites that already exist, the Communications Manager must be added as an administrator. • Do not use your personal account to set up pages, social sites or groups. • The designated site administrator should post at least three times per week and check daily for citizen comments, concerns, questions, etc. Personal interaction is the most effective tool for communicating with our residents — especially those who voice concerns. Please follow up. • Training will be available for how best to use and connect social media sites to promote City events and activities as well as how to effectively communicate with the public. 7-1 New Business Posting on the City Website • Department Pages — Department pages will be updated by each department's designated administrator, with support from the Communications Manager. Department pages must be kept current. Photos, documents or any other outdated information must unpublished and archived on the website and new information must be posted in a timely manner. • Home Page News/Spotlight Sections — To post a "News" or "Spotlight" item to the City of Moab home page a request must be made to the Communications Manager. Please include a timeline for when the information should be posted and the duration for the post. Ideally, these posts should be brief and include an interesting photo or graphic and any relevant links to documents, information, etc. on the departmental page. • Calendar Events/Meetings — All City departments are encouraged to post information about upcoming meetings, events, activities, etc., to the calendar on the City website home page. The Communications Manager will, when needed, provide assistance/training with this process. 7-1 New Business Managing a Public Crisis A crisis situation is any threat to public health and safety as directed by the City Manager, Chief of Police or other designated person. Prepare Once the crisis has been declared, all involved departments will compile the necessary information and create a statement for public dissemination that includes the relevant facts and advisories. Respond • The prepared statement will be posted through social media, the City website and distributed to the media. As new information comes to light, these messages will be updated using the same process. • Department heads/administrators of social media pages will update their pages with the exact copy of the public information/news release as posted on the website homepage. • All notification to media will be released by Communications Manager or other designated person from the City Manager's office. Recover • The immediate goal of the recovery phase is to restore normalcy as quickly as possible. When the crisis or threat is lifted, advisory options and contacts for follow-up will be disseminated via social media, the City website and the media. • Department heads/administrators of social media pages will update their pages with the exact copy of the public release statement as posted on the website homepage. • All notification to media will be released by Communications Manager or other designated person from the City Manager's office. 7-1 New Business Email Guidelines Email signatures will include the following only: • Name • Title/Department • Office Number • Cell Number • Fax number, if appropriate • Web Address Fonts: Georgia (Name) Tahoma (all other information) Size: Normal Email from the city must never include: • Personal quotes • Outdated content • Non-standard disclaimers • Oversized graphics • Logos (including City of Moab logo) 7-1 New Business Title 5 BUSINESS LICENSES AND REGULATIONS Chapters: 5.04 Business Licenses Generally &OS Transient -Merchants 5.09 Special -Event -Permits 5v14 5.20 Alcoholic Beverages 5.21 Regulating the Retail Sale of Tobacco Products 5.32 Pawnbrokers, Secondhand Dealers and Junk Dealers 5.60 Franchises 5.61 5.64 Vendor, Peddler, Solicitor, and Miscellaneous Merchant Business Licenses 5.67 Nightly Rental Licenses 5,70 Street -Performers 5.80 Home Occupation Permits Licenses 1 Page 76 of 284 Chapter 5.04 BUSINESS LICENSES GENERALLY Sections: 5.04.010 Business license required. 5.04.015 License compliance. 5.04.020 Business license fee. 5.04.030 Application. 5.04.040 Grounds for denial. 5.04.050 Appeal of license denial. 5.04.060 License term, renewal, display, change of address. 5.04.070 Assignment prohibited, application upon transfer. 5.04.080 License revocation, grounds. 5.04.090 Revocation procedure, right to cure. 5.04.100 Collection action. &0 5.04.010 Business license required. A. No person shall engage in or carry on any business, trade, profession, or enterprise within the eCity of Moab without first obtaining a business license as required by this chapter. 1. Persons doing business within the eCity of Moab who alse possess a valid Grand County business license shall be exempt from further licensure by the City for the business, subject to the Grand County license, provided Grand County shall continue to similarly exempt eCity licensees doing business in Grand County from further licensure, and provided that a copy of such eCounty license shall be is provided to the eCity by the licensee. B. The term "business" shall be defined as the exchange making, offering, buying or selling 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 eCity or eCounty 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, eggs, or grains. C. Violation of this section may be punishable, at the election of the eCity, as a Class C misdemeanor, as defined under the Utah Code, and/or by civil action to enjoin or abate the violation. Proof of a violation of this section shall be sufficient to obtain an injunction. In the 2 Page 77 of 284 event of civil enforcement, the eCity may recover its reasonable attorney fees and court costs against the violator. (Ord. 03-05 (part), 2003) 5.04.015 License compliance. No license shall be issued by an official or employee vested with the duty and authority to issue licenses that would not be in conformance with the provisions of this title. Any license so issued shall be null and void. (Prior code § 27-25-4) 5.04.020 Business license fee. A. From time to time the eCity eCouncil will adopt an ordinance updating establish business license fees for businesses operating within the eCity limits. Fees shall be categorized for each class of business. and shall be uniform with respect to all businesses falling within the same clasa. B. Fees shall be calculated, to the extent possible, to proportionately recoup costs for eCity services, regulatory costs, and staff time. and disproportionate impacts upon city scrvicca generated by a particular business type. Additional fees over the base business license fee are authorized for particular businesses generating disproportionate impacts upon City services. 1. "City services" subject to consideration in enacting establishing business license fees shall include basic costs for eCity administration in addition to specific costs incurred by the eCity 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 eCity. 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 eCity services by businesses, and to make recommendations to the eCity eCouncil for changes or adjustments to the fee structure. C. Violation of this section may be punishable, at the election of the eCity, as a Class C misdemeanor, as defined under the Utah Code, and/or by civil action to enjoin or abate the violation. Proof of a violation of this section shall be sufficient to obtain an injunction. In the event of civil enforcement, the eCity may recover its reasonable attorney fees and court costs against the violator. (Ord. 03 05 (part), 2003) (Ord. No. 11 04, 1 11 11) 3 Page 78 of 284 5.04.030 Application. A. Persons wishing to obtain a business license shall submit an application with the city recorder City Treasurer's office 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 State sales tax license number of the applicant (if applicable) within thirty days of application; and 5. A driver's license or other satisfactory proof of identity; and 6. Any other information deemed necessary by the recorder Treasurer's office to process the application, including but without limitation, information concerning municipal code compliance, zoning compliance 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 any other state, federal, or City licensure requirements. The recorder may permit the applicant to supplement an application with additional information as 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, and all supplemental information requested by the recorder Treasurer's office is provided by the applicant, the document is signed, and the applicable business license fee is paid to the eCity. D. A completed application that does not require eCity eCouncil 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 Treasurer 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 fifty percent of the license fee. No refunds shall be granted after the license has been approved. (Ord. 03 05 (part), 2003) 5.04.040 Grounds for denial. A. An application for a business license may be denied for any of the following grounds: 4 Page 79 of 284 1. False, inaccurate, or misleading statements by the applicant in the application for business license, or in 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; 3. The expiration, revocation, or denial; of any federal, state, or eCity 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 eCity 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. (Ord. 03 05 (part), 2003) 5.04.050 Appeal of license denial. An applicant denied a business license of any type shall be entitled to given written notice of the action from the city recorder City Treasurer. An aggrieved applicant may appeal a license denial to the eCity council Manager 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 eCity council Manager shall hear the appeal no later than fifteen business days from the date of the appeal notice. The council City Manager may sustain the denial, grant the license, or grant the license subject to conditions. (Ord. 03 05 (part), 2003) 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 fifty percent 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 eCity charges, fees, fines, or assessments. 1. Licensees having outstanding code violations, unpaid charges, fees, er-fines, or unremitted sales taxes are not subject to renewal until said violations are abated and/or 5 Page 80 of 284 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 thirty days of the renewal date are subject to a fifteen percent late charge in addition to the total fee payable. Failure to pay all applicable license 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. (Ord. 03 05 (part), 2003) 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. (Ord. 03 05 (part), 2003) 5.04.080 License revocation, grounds. The following shall be grounds for business license revocation: 1. False, inaccurate, or misleading statements made by the applicant in the application for a business license, or in any supporting documentation; 2. Municipal code violations, including but without limitation, zoning, sign, building, health, and or fire code provisions,. by the licensee or the owner of the business addresa location which are unabated within the allotted time period under Section 5.04.090, following issuance of notice of violation to the owner and/or licensee; 3. The expiration, revocation, or denial of any federal, state, or eCity 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 eCity 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; 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; or 6 Page 81 of 284 7. Any violation of the Utah Alcoholic Beverage Control Act. (Ord. 03 05 (part), 2003) 5.04.090 Revocation procedure, right to cure. A. Prior to revocation, the city recorder City Treasurer 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 eCity mManager 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 eCity 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 eCity mManager. The licensee and the City Treasurer shall be permitted to offer any evidence or testimony in support of each 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 eCity mManager, 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 eCity eCouncil no later than ten business days from the delivery of notice of appeal. The eCouncil 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. (Ord. 03 05 (part), 2003) 5.04.100 Collection action. A. The eCity 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. (Ord. 03 05 (part), 2003) 7 Page 82 of 284 'lub," and "alcoholic beverages" st U.C.A. 32A 1 105. B. Any person who, at the time of applying for a business license, intends to operate a restaurant, 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 the cCity cCouncil, constitutes "local consent' as defined by Title 32A 32B of the Utah Alcoholic Beverage Control Act. D. Nothing in this section or in section 5.20 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 licenscurc 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 cerve 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. (Ord. 03 05 (part), 2003) 8 Page 83 of 284 Sections: Chapter 5.08 TRANSIENT MERCHANTS [This Chapter is repealed in its entirety.] SAI ^10—T IMe�t . &08Ag0—License4er- r. 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. (Ord. 03 05 (part), 2003) In addition to the information required of all business license applicants under Section 5.01.030, 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; 1. 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, 9 Page 84 of 284 fraud, theft, burglary, or any violent crimes including assault, robbery, sexual assault, child abuse, or homicide. (Ord. 03 05 (part), 2003) The existence of any of the following may be grounds for denial of a transient merchant licenses 1. Any of the grounds identified in Section 5.01.010 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. 1. Any of the criminal convictions listed in Section 5.08.020 1 (Ord. 03 05 (part), 2003) Any of the grounds identified in Sections 5.01.080 and 5.08.020 shall be grounds for revocation. (Ord. 03 05 (part), 2003) A. A condition upon the issuance of any transient merchant license is the irrevocable 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 transicnt 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. (Ord. 03 05 (part), 28A3) 57087060-1ill Every licensed transient merchant shall possess and display upon demand a copy of its businesa license. (Ord. 03 05 (part), 2003) 5.08.070 License term. 10 Page 85 of 284 The transient merchant license shall be valid for a period of twelve months from the date of issuance. (Ord. 03 05 (part), 2003) 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. (Ord. 03 05 (part), 2003) 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. (Ord. 03 05 (part), 2003) 11 Page 86 of 284 Chapter 5.09 SPECIAL EVENT PERMITS [This Chapter is repealed in its entirety and replaced with Title 4 Special Event and Street Performer Permits] 12 Page 87 of 284 Chapter 5.14 LOCAL VENDORS, PEDDLERS AND SOLICITORS [This Chapter is repealed in its entirety and replaced by proposed MMC 5.64.] 13 Page 88 of 284 Chapter 5.20 ALCOHOLIC BEVERAGESI Sections: ARTICLE I. DEFINITIONS 5.20.010 Scope. 5.20.020 Alcoholic beverages. 5.20.030 Beer. 5.20.031 Beer Retailer. 5.20.032 Beer Wholesaler. 5.20.03t35 Community location. 5.20.040 Licensed premises. 5.20.050 Liquor. 5.20.060 Nuisance. 5.20.070 Place of business. 5.20.075 Premises. 5.20.080 Restaurant. 5.20.090 Retailer. 5.20.100 Sell or to sell. 5.20.110 Definitions. ARTICLE II. LICENSES & LOCAL CONSENT 5.20.115 Alcoholic beverage sales regulated. 5.20.120 Wholesale sale of beer. 5.20.130 Retail sale of beer —alcoholic beverages. 5.20.140 Purchase of beer —alcoholic beverages for resale. 5.20.150 Retail Alcohol license classification and local consent --Generally. 5.20.155 Glu rota l li ,.. ,.. 540460 5.20.170 Glas ■i Fetail liee se 5.20.171 5.20.180 GlassIH Fetai, lieei+se Off -Premise beer retail license. 5.20.190 . 5.20.200 Application --Generally. 5.20.210 Application --Police department referral. 5.20.220 Application --Health department referral. 5.20.230 Expiration. 5.20.240 Forfeiture. 5.20.250 Fees. 540460 Expiratiel% 5.20.270 Refusal. 5.20.280 Revocation. 5.20.290 Suspension. 5.20.300 Sublease, transfer or assignment prohibited. 5.20.310 Operation to conform with law. 14 Page 89 of 284 5.20.320 Name change. 5.20.325 Violation — Penalty. ARTICLE III. GENERAL REGULATIONS 5.20.330 5.20.340 5.20.345 5.20.350 5.20.355 5.20.360 5.20.370 5 '�0 5.20.370 5.20.380 5.20.390 5.20.400 5.20.410 5.20.420 5.20.430 5.20.440 5 0A4-0 5.20.420 5.20.430 5.20.440 5,2&450 5,2-&460 5.20.470 54&480 5.20.490 5.20.500 5.20.510 5.20.520 5.20.530 5.20.540 5.20.512 5.20.51 4 540,546 5.20.550 Sale to intoxicated person prohibited. Unlawful to permit intoxicated persons on licensed premises. Sale-to-Supplvin2 to minors prohibited. Possession of alcoholic beverages prohibited by minors --Exception. Consumption of alcohol in public places. City -Sponsored Public Events. Advertising -sale. Nuisance prohibited. Minimum light and open view required in licensed premises. Adulterated alcoholic beverage. Consumption prohibited in unlicensed premises. Supply to person whose permit is suspended. Supply to prohibited persons. Entertainer& Employee& Inspection of premises. 5J0,560 5.20.570 . 5.20.580 Ill. gal ,.,1 5.20.590 Izessession 5.20.600 Talmo 5.20.610 15 Formatted: Font: Bold, No underline, Font color: Text 1 Formatted: Font: Bold, Font color: Text 1, Strikethrough Formatted: Font: Bold, No underline, Font color: Text 1, 1 Strikethrough Page 90 of 284 5.20.620 5.20.630 5,2&64A 5.20.650 84eFage-unlawful-, Formatted: Font: Bold, Font color: Text 1 Formatted: Font: Bold, Font color: Text 1, Strikethrough J Formatted: Font: Bold, Font color: Text 1 ARTICLE I. DEFINITIONS Formatted: Font: Bold, Font color: Text 1, Strikethrough 5.20.010 Scope. The words and phrases used in this chapter shall have the meaning specified in the State Alcoholic Beverage Control Act unless a different meaning is clearly evident or specified.—(OFEL 94 14 (part), 1994) 5.20.020 Alcoholic beverages. "Alcoholic beverages" means and includes "beer" and "liquor" as they are defined herein. 91 11 (part), 1991) 5.20.030 Beer. "Beer," "light beer," "malt liquor," or "malt beverages" means all products that contain 63400 of 1% of alcohol by volume or at least 0.51/2 of 1% e-alcohol by -weight volume, but not more than 4%-ef alcohol by volume or 3.2% by weight, and are obtained by fermentation, infusion, or decoction of any malted grain. Beer may or may not contain hops or other vegetable products. (Ord. 91 11 (part), 1991) 5.20.031 Beer Retailer. "Retailer" means any person engaged in the sale or distribution of beer to the consumer. (Ord. 94 14 (part), 1994) 5.20.032 Beer Wholesaler. "Beer Wholesaler" means any person other than a brewer or retailer engaged in importation for sale or in the sale of beer in wholesale or jobbing quantities. 5.20.03135 Community location. 16 Page 91 of 284 A "community location" means: A. A public or private school; B. A place of worshipektffeh; C. A public library; D. A public playground; or E. A public park. (Ord. No. 10 10, 1 13 10) 5.20.040 Licensed premises. "Licensed premises" means any room, house, building, structure or place occupied by any person licensed to sell beer -or to allow the consumption of liquor -alcoholic beverages on such premises under this title. Multiple beer or liquor dispensing facilities located in one building and owned or leased by one licensed applicant shall be deemed to be only one licensed premises; provided, that each dispensing point must be designated and the appropriate fee(s) paid and the license prominently displayed at each dispensing point. (Ord. 94 14 (part), 1994) 5.20.050 Liquor. "Liquor" means and include:, alcohol, or any alcoholic, spirituous, vinous, fermented, malt or other liquid or a combination of liquids, a part of which is spirituous, vinous, or fermented, and all other drinks or drinkable liquids, containing more than at least 0.5%onc half of one percent of alcohol by weight volume. ; ra a1 . xt.ros +a ,..,tier, -.., ether '"...:a net which contain more than one percent of alcohol by weight, and which are capable of human consumption; except that the term "Liquor" includes wine and heavy beer, which is defined as beer that contains more than 4%-ef alcohol by volume or 3.2% by weight. "Liquor" shall not include "beer" as defined in Section 5.20.030. (Ord. 91 11 (part), 1994) 17 Page 92 of 284 5.20.060 Nuisance. "Nuisance" means any room, house, building, structure, place or licensed premises, where: A. Alcoholic beverages are manufactured, sold, kept, bartered, stored, given away or used contrary to the Alcoholic Beverage Control Act of Utah or this chapter, or where persons resort for drinking alcoholic beverages contrary to the Alcoholic Beverage Control Act of Utah or this chapter; or B. Intoxicated persons are permitted to loiter about, or profanity, indecent, immoral, loud or boisterous language or immoral or lewd conduct is permitted, or carried on; or C. Persons under the age of twenty-one are permitted to purchase or drink alcoholic beverages; or D. Laws or ordinances are violated by a licensee or his -its agents or patrons with the consent or knowledge of licensee upon such premises which tend to affect the public health, peace or morals; or E. Any sign is displayed which is obnoxious, gaudy, blatant or offensive. (Ord. 91 14 (part), 1991) 5.20.070 Place of business. A. "Place of business," as used in connection with the issuance of an alcoholic beverage sales license shall be deemed to include cafes, restaurants, public dining rooms, cafeterias, taverns, cabarets and any other place where the general public is invited or admitted for business purposes, and shall also be deemed to include private clubs, corporations and associations operating under charter or otherwise wherein only members and their guests are invited. Occupied hotel and motel rooms that are not open to the public shall not be deemed to be places of business as herein defined. B. A "place of business" shall not be defined to include City -owned facilities, including parks, the Moab Arts and Recreation Center, Swanny City Park, Old City Park, Lion's Park, or Formatted: No underline, Font color: Text 1 the Center Street Ballfields, where such facility is used and occupied pursuant to a special event use license and alcoholic beverages are served in accordance with the license and all applicable City regulations, codes, and state statutes. (Ord. 99 03 (part), 1999; Ord. 91 11 (part), 1991) 18 Page 93 of 284 5.20.075 Premises. "Premises" means any building, enclosure, room, equipment or other designated areas used in connection with the sale, storage, service, manufacture, distribution or consumption of alcoholic products, unless otherwise defined in this chapter or in the rules adopted by the Alcoholic Beverage Control Commission. 5.20.080 Restaurant. "Restaurant," means any business establishment where a variety of foodsis are prepared and complete meals are served to the general public, located on a premises having adequate culinary fixtures for food preparation and dining accommodations, and that is engaged primarily in serving meals to the general public. (Ord. 9) 11 (part), 1991) 5.20.090 Retailer. "Retailer" means any person engaged in the sale or distribution of beer to the consumer. (Ord. 94 14 (part), 1994) 5.20.100 ells 4o-mil'. Sell or offer for sale. "Sell" or "to sell," when used in this chapter in any provision shall be construed to solicit, or to receive any order for, to keep or expose for sale, to deliver for value or gratuitously, to peddle, to possess with intent to sell, to traffic in for any consideration promised or obtained directly or indirectly or under any pretext or by any means whatsoever to procure or allow to be procured for any other person, and "sale" when so used shall include every act of selling as above defined. (Ord. 94 14 (part), 1994) "Sell" or 'offer for sale" means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principaltproprietor, agent, or as staff, unless otherwise defined in U.C.A. Title 32B, the Alcoholic Beverage Control Act. 5.20.110 Definitions. "Premises" means any building, enclosure, room, equipment or other designated areas used in 19 Page 94 of 284 products, unless otherwise defined in this chapter or in the rules adopted by the Alcoholic Beverage Control Commission. "Wholesaler" means any person other than a brewer or retailer engaged in importation for sale or ARTICLE II. LICENSES AND LOCAL CONSENT 5.20.115 Alcoholic beverage sales regulated. The City of Moab regulates the sales and commercial serving of alcoholic beverages in accordance with all applicable sections of Utah Code Annotated, Title 32B, unless a provision of this Chapter specifies a distinct procedure or parameter. 5.20.120 Wholesale sale of beer. It is unlawful for any person to engage in the business of selling beer at wholesale within the limits of the City without first obtaining a license therefor from the Alcoholic Beverage Control Commission of Utah. (Ord. 94-14 (part), 1994) 5.20.130 Retail sale of beer —alcoholic beverages. It is unlawful for any person to engage in the business of the sale of beer at retail in bottles, cans or draft, engage in the business of retail sales of alcoholic beverages within the corporate limits of the City without first having procured a license therefor from the city as hereinafter provided from the Alcoholic Beverage Control Commission of Utah. A separate state license shall be required for each place of sale and the license itself shall identify the specific premises covered thereby and such license shall at all times be conspicuously displayed in the place to which it shall refer or for which it shall be issued. All licenses licensees shall comply with the provisions of the Alcoholic Beverage Control Act of Utah and the regulations of the Alcoholic Beverage Control Commission and this chapter. , and every license shall recite that it is granted subject to revocation as is provided in Section 5.20.280 of this chapter. (Ord. 94-14 (part), 1994) 5.20.140 Purchase of beer —alcoholic beverages for resale. 20 Page 95 of 284 It is unlawful for any licensee to purchase or acquire or to have or possess for the purpose of sale or distribution any beer alcoholic beverages except that which he or she shall have lawfully purchased from a brewer,-er wholesaler, or retail outlet licensed under the provisions of the Alcoholic Beverage Control Act of Utah. (Ord. 94-14 (part), 1994) 5,20v150 Retail-lieense elassifeation—Genera' Retail licenses issued under the provisions of this chapter shall be classified into the following types which shall carry the privileges and responsibilities hereinafter sct forth in this chapter: Private Club Class I Class II Class III Class "Seasonal" 5.20.150 Retail Alcohol license classification and local consent --Generally. A. _Lkny person who, at the time of applying for a business license, intends to operate a restaurant, bar, or special event where alcoholic beverages are sold for on -premise consumption, shall disclose that information on the application under this title. B. As provided by state statute, all potential licensees shall obtain written local consent from the City Manager before applying for an alcohol license from the State of Utah. Applicants subject to this section shall obtain and maintain a current valid Alcoholic Beverage license from the State of Utah, and shall comply with the procedures and standards contained in this title and in the Utah Alcoholic Beverage Control Act. C. Retail licenses shall be classified in accordance with the categories enumerated in the Utah Alcoholic Beverage Control Act, and shall carry the privileges and responsibilities hereinafter set forth in this chapter and in Utah state law. D. Licensees who desire a Special Event Permit and will serve alcohol at the event must obtain written local consent from the City Manager and a state license under the Utah Alcoholic Beverage Control Act, however, the rules laid out in Moab Code sections 5.20.225, 5.20.655, and 5.20.660 shall also continue to apply to all special events serving alcohol. 21 Formatted: Font: Not Bold, Font color: Text 1 Formatted: Font: Not Bold, Font color: Text 1 Page 96 of 284 i 13. Nothing in this section or in section 5.20 shall be construed to supersede or waive any provision of the Utah Alcoholic Beverage Control Act, or to permit the distribution of alcoholic beverages other than as provided in the Utah Alcoholic Beverage Control Act. Issuance of a business license under this title shall not constitute "local consent' as Formatted: Underline, Font color: Text 1 defined by Title 32B of the Utah Alcoholic Beverage Control Act unless the applicant discloses_ ---i Formatted: Underline, Font color Text 1 its intent to serve alcoholic beverages and the application is processed in accordance with this section. Business licensees who later wish to obtain an alcoholic beverage license shall obtain the necessary local consent and alcoholic beverage license, as provided by Ck Code and state ---{ Formatted: Underline, Font color: Text 1 law. -I Formatted: Underline, Font color: Text 1 5.20.155 Club retail license. A club license shall entitle the licensee to sell liquor in accordance with state law. A. A club retail license shall entitle the licensee to sell beer in open containers, in any size container not exceeding two liters and on draft, without obtaining a separate on premise becr retailer license from the city of Moab. The club retail license shall serve as the alcohol and business license for the purposes of Moab City regulatory licensing and the term of which shall coincide with the calendar year. (Ord. 03 10 (part), 2003; Ord. 99 09 (part), 1999) (Ord. No. 10 10, 1 13 10) 5.20.160 Class I retail license. Class I retail licenses shall entitle the licensee to sell beer only on the premises licensed on draught and in original containers for consumption on the premises in accordance with the Alcoholic Beverage Control Act of Utah and the ordinances of the city. (Ord. 94 14 (part), 4994) 5.20.170 Class II retail license. Class II retail licenses shall entitle the licensee to sell becr in the original containers on the premises in accordance with the Alcoholic Beverage Control Act and the ordinances of the city, and shall be issued solely to restaurants, cafes and other establishments whose primary purpose is the dispensing of food. The food and service sold or rendered shall be sufficient in nature to amount to evidence and afford assurance to the city council of a bona fide restaurant business, instead of a mere pretext for obtaining a license. (Ord. 94 14 (part), 1994) Each person granted a Class I or Class II license and the employees and management personnel of the Class I or Class II license shall abide by the following conditions and requirements. 22 Page 97 of 284 Failure to comply may result in a suspension or revocation of the license or other disciplinary action taken against individual employees or management personnel. A. Class I or Class II licensees may sell beer in open containers, in any size not exceeding B. Liquor may not be stored or sold on the premises of any Class I or Class II licensee. C. A patron or guest may only make purchases in the Class I or Class II licensee from a server designated and trained by the licensee. 1. Beer may not be sold or offered for sale at any Class I or Class II licensee after one a.m. and before ten a.m. 2 T] a b 1,7 ,l 1:.,�r�,7 a. Minor; b. Person actually, apparently, or obviously drunk; c. Known habitual drunkard; or d. Known interdicted person. D. Beer sold in sealed containers by the Class I or Class II licensee may be removed from the Class I or Class II premises. 1. A person may not bring onto the premises of a Class I or Class II licensee any alcoholic beverage for on premises consumption. 2. A Class I or Class II licensee or its officers, managers, employees, or agents may not allow a person to bring onto the Class I or Class II licensee premises any alcoholic beverage for on premises consumption or allow consumption of any such alcoholic beverage on its premises except that, subject to the discretion of the licensee, cork finished wine may be carried in for consumption on the premises, but must be immediately surrendered to a server or other representative of the restaurant, tavern, bar, etc. 3. If any Class I or Class II licensee or any of its officers, managers, employees, or agents violates this subsection: a. The city council may immediately suspend or revoke the Class I or Class II license and the Class I or Class II licensee is subject to possible criminal prosecution under provisions of this chapter and state law. E. Minors may not be employed by or be on the premises of a Class I or Class II licensee to cell or dispense beer. Minors may not be employed by or be on the premises of any Class I tavern. F. An employee of a licensee, while on duty, may not consume an alcoholic beverage or be under the influence of alcoholic beverages. 23 Page 98 of 284 G. Each Class I or Class II licensee shall display in a prominent place in the Class I or Class II licensee: 1. The Class I or Class II license that is issued by the department; and purchased in this establishment may be hazardous to your h ulth and the safety of others." (Ord. 03 10 (part), 2003: Ord. 99 09 (part), 1999: Ord. 94 14 (part), 1994) beer on the premises described in such license in original containers for consumption off the premises in accordance with the Alcoholic Beverage Control Act of Utah and the revised City ordinances codified in this chapter. This section shall be rescinded on July 1, 2018, and thereafter, applicants shall follow the regulations in U.C.A. Title 32B, Chapter 7: Off Premise Beer Retailer Act. A. 1. A beer retailer licensed under this chapter may not purchase, acquire, possess for the purpose of resale, or sell any beer except that which has been lawfully purchased from a brewer or wholesaler licensed under this title. Violation of this subsection is a Class B misdemeanor. 2. All purchases made of beer by any beer retailer from a licensed wholesaler shall be from t Formatted: indent: Left: o" that wholesaler who is authorized by the state to sell beer in the geographical ar in which the beer retailer is located, unless an alternate wholesaler is authorized by the state to sell to the beer retailer. Violation of this subsection is a Class B misdemeanor. CB. Beer may not be sold, provided, or possessed for off premises consumption in containers DC. A minor may not be granted a beer retailer license. ED. A minor may not sell beer on the premises of a beer retailer for off premises consumption except under the supervision of a person twenty one years of age or older who is on the nrcmiscs. 24 Page 99 of 284 FE. If malt beverage coolers or malt liquor is sold by a beer retailer for off premises consumption, the beer retailer shall display a sign at the location on the premises where malt beverages or malt liquor is sold stating: "Many malt beverages contain alcohol. PI se read the label." A violation of this subsection is an infraction. GF. Beer may be sold by a Class III an off premise beer retailer during any hour of the day. (Ord. 94 14 (part), 1994) A. A Class IV special event beer license shall entitle the licensee to sell beer only at such events. Authorization for the sale, distribution and consumption of liquor, as defined by this chapter, at special events shall be pursuant to the procedures promulgated by the Utah Department of Alcoholic Beverage Control, as codified at U.C.A. 32A 07 101, et seq., except that applicants seeking a special event liquor license must also obtain local consent from the city for such events, as required by state statute. 1. Authorized licensees. Licensees for special event bccr licenses may include: business entities, churches, political organizations, fraternal organizations, clubs or unincorporated associations that arc conducting a convention, cultural event, civic event, social function, recreational activity, promotional event or community enterprise open to the public. B. Contents of application. In addition to the application requirements set forth in Section 5.20.200 of this chapter, an application for a Class IV special event beer license shall include the following: 1. The times, dates, location, nature and a description of the event. 2. A description or floor plan designating: a. The sites from which the applicant proposes that beer be sold or served, including ether area.. net apaft f «4he sale eFbee«• b. The areas in which the applicant proposes that beer be allowed to be consumed; c. A statement of the purpose of the association or entity conducting the event; d. A signed consent form authorizing law enforcement officers or city code enforcement officials an unrestricted right to enter the premises during the event for purposes of monitoring compliance with all license terms and city ordinances; c. An application fee as established by the city council, which sum shall be refundable in the event that the license is not granted. C. Operational restrictions. 25 Page 100 of 284 1. All persons involved in the sale or serving of beer at the event shall do so only under the supervision and direction of the licensee. The licensee shall be solely responsible for compliance with all applicable terms of the license, city ordinances, and the Utah Alcoholic Beverage Control Act. 2. No beer or other alcoholic beverage shall be brought by persons other than the licensee onto the premises of the event. 3. Beer purchased for the event may not be stored in any place other than that described in the application and designated on the license. 4. Becr purchased for the event may not be sold or served in any place other than the sites described in the application and designated on the permit. in the application and designated on the permit. 6. Class IV licenses arc not transferable. 7. Class IV licenses shall be approved for a specific event scheduled on a date or dates certain and shall be valid for a period not to exceed seven consecutive days. 8. No more than two Class IV licenses shall be granted in any calendar year to any applicant. 9. No sale of beer shall exceed a sixteen ounce serving. 10. Minors shall not be permitted to serve or dispense beer, nor shall they be permitted to consume or purchase beer at the event. 11. Beer shall be sold on a per serving basis; "all you can drink" or similar events where beer is served without limitation upon paying a fixed price are prohibited. 12. Licensees shall properly train all event personnel on all operational restrictions, and shall assure that beer is not served to obviously intoxicated persons. 13. The licensee sh the expected number of event patrons. 14. If applicable, concurrent with the application for a special event beer license, the applicant shall apply for a special event license or special event business license, as provided under the city code, all of which may be processed together by the city. D. Application fee, license denial, or conditions attached to license. 1. Application fees for a Class IV special event beer license shall be established by the city council from time to time by resolution. 2. The city council may review an application for a Class IV special event beer license and may approve the application as submitted, deny the application, or approve the application subject to conditions. Those conditions may include, but arc not limited to: 26 Page 101 of 284 a. Restrictions upon the dates of operation, hours of operation or location; b. Parking, traffic control, security, sanitary facilities or similar public safety conditions; and/or c. Insurance, liability protection, or similar financial guarantees. (Ord. 01 01 § 1 (part), 2001) 5.20.200 Application --Generally. All applications for local consent or licenses, for renewal or reissuance of local consent or licenses and for transfer of local consent or licenses authorized by this chapter shall be verified and filed with the city recorder, addressed to the City Council the City Manager, who, after determination of local consent, shall file the same with the City TreasurerRecorder. -Bud-The application shall state the applicant's name in full and that he or she has complied with the requirements and possesses the qualifications specified in the Alcoholic Beverage Control Act of Utah. If the applicant is a copartnership, the names and addresses of all partners, and if a corporation, the names and addresses of all officers and directors must be stated. If the business is to be operated by a person other than the applicant, such operator must join in the application and file the same information required of an applicant. It shall be grounds for revocation of the local consent or license for any business required to be licensed by this chapter, to be operated by any person who has not filed his or her operator's information at the time or renewal for the license, or, if operation is assumed during the license period, at least ten days prior to assuming operation of the business. The application and operator's information must be subscribed by the applicant and operator who shall state under oath that the information contained therein is true. (Ord. 94-14 (part), 1994) The City shall adhere to the State of Utah's requirements regarding the proximity between community locations and establishments selling or serving alcohol as codified in U.C.A. 32B-1- 202. 5.20.210 Application --Police department referral. The application for such local consent or license, together with such information and certificate as is required by the City Council City Manager to be attached thereto, shall be referred to the City Chief of Police for inspection and report. The Chief of Police shall, as soon as possible, after receiving such application, make a report to the Council City Manager relative to the granting or denying of such application. Upon receipt of the report, the Council City Manager shall act upon the application as it shall deem fair, just and proper in regard to granting or denying the same. (Ord. 91 11 (part), 1991) 27 Page 102 of 284 5.20.220 Application --Health department referral. All applications for local consent filed in accordance with this chapter shall be referred to the health department who shall inspect the premises to be licensed to assure sanitary compliance with the laws of the state, the ordinances of the City and the rules and regulations of the health department. If the premises and all equipment used in the storage, distribution, or sale of beer alcohol fulfills all such sanitary requirements, the health department shall issue a permit to the licensee, a copy of which shall be attached to the application for license local consent. (Ord. 91 14 (part), 1994) iee A. A Class IV special event beer license shall entitle the licensee to sell beer only at such events. Authorization Licenses for the sale, distribution and consumption of liquor alcoholic promulgated by the Utah Department of Alcoholic Beverage Control, as codified at U.C.A. 32A 07 101, et seq., 32B 9 101 et seq, except that Applicants seeking a special event liquor license must also obtain written local consent from the City M ger for such events, as required by state statute. 1. Authorized licensees. Licensees for special event bccr licenses may include: business entities, churches, political organizations, fraternal organizations, clubs or unincorporated associations that arc conducting a convention, cultural event, civic event, social function, recreational activity, promotional event or community enterprise open to the public. forth in Section 5.20.200 of this chapter, an application for local consent for a Class IV special event beer license with alcohol shall include the following: 1. The times, dates, location, nature and a description of the event. 2. A description or scaled floor plan designating: a. The sites from which the applicant proposes that beer alcoholic beverages be sold or served, including all dispensing points. Dispensing points include storage areas, 28 Formatted: Font color: Text 1, Strikethrough Formatted: Font color: Text 1, Strikethrough Formatted: Font color: Text 1, Strikethrough Page 103 of 284 b. The areas in which the applicant proposes that beer alcoholic beverages be allowed to be consumed,; 3. c. A statement of the purpose of the association or entity conducting the event; Id. A signed consent form authorizing law enforcement officers or City code purposes of monitoring compliance with all license terms and City ordinances; and 5.e. An application fee as established by the city council , which sum shall be refundable in the event that the license local consent is not granted. C. Operational restrictions. 1. All persons involved in the sale or serving of beer at the event shall do so only under the supervision and direction of the licensee. The licensee shall be solely responsible for compliance with all applicable terms of the license, city ordinances, and the Utah Alcoholic Beverage Control Act. 2. No beer or other alcoholic beverage shall be brought by persons other than the licensee onto the premises of the event. 3. Beer purchased for the event may not be stored in any place other than that described in the application and designated on the license. described in the application and designated on the permit. 5. Beer purchased for the event may not be consumed in any area other than that described in the application and designated on the permit. 29 Formatted: Indent: Left: 0", First line: 0.5" Formatted: Indent: Left: 0.5" Page 104 of 284 6. Class IV licenses are not transferable. 7. Class IV licenses shall be approved for a specific event scheduled on a date or date, certain and shall be valid for a period not to exceed seven consecutive days. 8. No more than two Class IV licenses shall be granted in any calendar year to any applicant. 9. No sale of beer shall exceed a sixteen ounce serving. 10. Minors shall not be permitted to serve or dispense beer, nor shall they be permitted to consume or purchase beer at the event. 11. Beer shall be sold on a per serving basis; "all you can drink" or similar events where beer is served without limitation upon paying a fixed price arc prohibited. 12. Licensees shall properly train all event personnel on all operational restrictions, and shall assure that beer is not served to obviously intoxicated persons. 13. The licensee shall provide adequate event security, given the nature of the event and the expected number of event patrons. 11. If applicable, concurrent with the application for a special event beer license, the applicant shall apply for a special event license or special event business license, as provided under the city code, all of which may be processed together by the city. D. C. Application fee, license denial of local consent, or conditions attached to license local consent. 1. Application fees for a Class IV local consent for a special event beer license g alcohol shall be established by the City Council from time to time by resolution. 30 Page 105 of 284 2. The City Council may C'ty M gcr shall review an application for a Class IV special event bccr license local consent to serve alcohol at a special event, and may approve the application as submitted, deny the application, or approve the application subject to conditions. Those conditions may include, but arc not limited to: a. Restrictions upon the dates of operation, hours of operation or location; b. Parking, traffic control, security, sanitary facilities or similar public safety conditions; and/or c. Insurance, liability protection, or similar financial guarantees. (Ord. 01 01 § 1 (part), 2001) 3. The City reserves the right to revoke local consent at any time, even after the applicant has received a license to serve alcohol from the State of Utah. fights All applications to renew liccnscs shall be filed by the holders of existing liccnscs with the city recorder, on or before the last busincss day for the calendar year, prior to the expiration date of information as the rccordcr shall reasonably require to verify or determine the status of such business. Any person who fails to file such application within the time limit shall close his licensed premises on the expiration date of the then issucd license and shall keep the premises closed for the sale of bccr, until the date a new liccnsc is issucd by order of the city council. The foregoing notwithstanding, a licensee has the right to renew such license annually until revoked for cause or until such license is no longer currently and actively used to operate a business, authorized by such license; provided, however, that such license may be renewed after termination of the authorized business activity during a licensing period for one additional year, if he makes application within forty five days after the expiration date of such liccnsc and if the applicant certifies under oath that: (a) he is not holding the license for speculative reasons, and (b) he is actively seeking a purchaser for his business premises and assets as above provided, or is actively seeking a new business location for which he will seek transfer of such license a� 31 Page 106 of 284 provided; if not renewed within the forty five day period, such license shall expire. (Ord. 91 14 (part), 1994) 5.20.230 Expiration. If the grantee of local consent to sell or serve alcohol is no longer currently and actively operating a business to sell alcohol, such local consent shall expire within 45 days of the cessation of the grantee's alcohol sales. 5.20.240 Forfeiture. If any licensee, licensed to do business under the provisions of this chapter, sells his or her place of business, together with the entire assets of the business, his license the local consent granted by the City shall expire and be forfeited. (Ord. 94-14 (part), 1994) 5.20.250 Fees. Fees for applications for local consent shall be adopted by resolution by action of the governing Formatted: Font color: Text 1, Strikethrough bekly ^ --the ei of- rear' by the Moab City Council. (Or nn t n (part t 994) (Ord. No. 10 10, 4 13 10) 5.20.260 Expiration. All licenses issucd pursuant to the provisions of this chapter shall expire on the thirty first day of December of aach yaar and shall be issucd for one year, except seasonal licenses which shall be issucd for a period of less than a year as may be determined by the city council. (Ord. 91 11 (part), 1991) 5.20.270 Refusal. The city council City Manager may, with or without a hearing at its discretion, when in its opinion it is necessary for the protection of public peace or morals, refuse to grant any license or local consent applied for, at any time and in no such case need any cause be stated. (Ord. 94-14 (part), 1994) 5.20.280 Revocation. Licenses or local consent may be suspended or revoked by the City IVI,alagerayor for the Formatted: No underline, Font color: Text 1 violation on the licensed premises of any provision of this chapter or of any other applicable 32 Page 107 of 284 ordinance or law relating to alcoholic beverages, or if the licensed premises is used for the commission of any illegal act or activity by any person, or if the person to whom the state license was issued no longer possesses the qualifications required by this chapter and the statutes for of the state. The City reserves the right to revoke local consent at any time, even after an alcohol license has been granted by the State of Utah. Upon the revocation of local consent, such licensee must immediately cease selling or serving alcohol. (Ord. 94-14 (part), 1994) 5.20.290 Suspension. All licenses or local consent issued pursuant to this chapter may be suspended by the City Managerayor without a prior hearing. Immediately following any suspension order issued without a prior hearing, notice shall be given such licensee, advising him of his the licensee's right to a prompt hearing, to be held within seventy-two hours of the suspension, and listing the cause or causes for such suspension. If a cause for the suspension is established at the hearing, the suspension order may be continued for up to one year in duration. However, no license or local consent shall be revoked or suspended beyond the initial hearing without first establishing cause thereof, nor shall any license be revoked without first giving the licensee an opportunity for a hearing on the causes specified for revocation. It is unlawful for any person to sell beer alcoholic beverages at licensed premises during the period of suspension of a license or local consent. , or after the revocation of his beer license. (Ord. 94-14 (part), 1994) 5.20.300 Sublease, transfer or assignment prohibited. No license or local consent may be transferred, assigned, or subleased in any manner, whether to another person or business entity, or to another location. Any violations of this section shall be grounds for revocation of the license or local consent, or refusal to renew or issue the license or local consent. Any license fees paid by the licensee to the City for local consent or a license shall be forfeited to the City. (Ord. 94-14 (part), 1994) 5.20.310 Operation to conform with law. The licensee shall be responsible for the operation of the business in conformance with4he ordinances for the city corporation City ordinances, and it shall be grounds for revocation of the license or local consent if a violation of such ordinance occurs through an act of a licensee, operator, employer, employee, agent, or by a person who is allowed to perform for patrons of the licensee's business, whether or not such person is paid by the licensee for such performance_f any person who violates such ordinances with the consent or knowledge of licensee or his agents or employees or operator of the business. (Ord. 94-14 (part), 1994) 5.20.320 Name change. 33 Page 108 of 284 The licensee shall not change the name of his the business establishment until he or she has given written notice to the ieertse,,e, ,. ftment City ten days prior to the name change, and has paid a ten dollar name change fee. (Ord. 94-14 (part), 1994) 5.20.325 Violation --Penalty. Any person who shall engage in the business for of retail-4 selling beer of alcoholic beverages within the corporate limits of the City without having an appropriate state license therefor, from the city or whose license has been revoked, suspended or canceled, or who shall violate any of the terms, clauses or conditions of this aftiele Chapter shall be guilty of a Class B misdemeanor. (Ord. 94-14 (part), 1994) ARTICLE III. GENERAL REGULATIONS It is unlawful and constitutes an offense of strict liability for any person to sell beer or to permit the consumption of beer in any premises unless such premises are licensed for such sale or consumption. It is unlawful and constitutes an offense of strict liability for any licensee to violate the terms of his license and it is unlawful and constitutes an offense of strict liability for any person, unless he shall be so licensed, to sell bottled, canned or draft beer to be consumed on the premises. (Ord. 91 11 (part), 1991) 5.20.340 Sale to intoxicated person prohibited. It is unlawful and constitutes an offense of strict liability for any person to sell beer an alcoholic beverage to any intoxicated person or to any person under the influence of any intoxicating beverage-and/0r a controlled substance. (Ord. 94-14 (part), 1994) 5.20.345 Unlawful to permit intoxicated persons on licensed premises. It is unlawful and constitutes an offense of strict liability for any person licensed to sell alcoholic beverages or for any of his or her agents or employees to allow intoxicated sersons to enter or remain in any licensed premises. It is unlawful and constitutes an offense of strict liability to sell beer to any person under the age of twenty one years. (Ord. 94 14 (part), 1994) 34 Page 109 of 284 5.20.350 Supplying to minors prohibited. It is unlawful for alcoholic beverages to be given, sold or otherwise supplied to any person under the age of twenty-one years, but this shall not apply to the supplying of liquor to such person for medicinal purposes only by the parent or guardian of such person or to the administering of liquor to such person by a physician in accordance with the provisions of this chapter and U.C.A Title 32B. 5.20.355 Possession of alcoholic beverages prohibited to minors --Exception. It is unlawful and constitutes an offense of strict liability for any person under the age of twenty- one years of age to purchase, accept or have in his or her possession an alcoholic beverage, including beer or intoxicating liquor; provided, however, that this section shall not apply to the acceptance of alcoholic beverages by such person for medicinal purposes supplied only by the parent or guardian of such person or the administering of such alcoholic beverage by a physician in accordance with the lawn •rovided further, that the provision of the section prohibiting possession of beer shall not apply to persons under twenty-one years of age who are bona fide employees in an off -premise beer retail establishment while in the discharge of their employment therein or thereabouts. ,5.20.360 Consumption of alcohol in public places.,_ Flo person shall consume, serve, or distribute alcoholic beverages in a public street, sidewalk, alley, building, park, or facility, except in conformity with the provisions of this section. Violation of this section is a strict liability offense punishable as a Class C misdemeanor. ,5.20.370 Alcohol at City -sponsored public events.,_ The City may hold public events where alcohol is served. Where the City does so, it shall_ contract with a separate alcohol vendor, who shall procure the necessary alcohol event licenseA under subsections (C)(1),and (2) of this section, and the liability insurance as required. The alcohol vendor shall be the event sponsor for purposes of all alcohol -related compliance under this section. If the City holds the event it has discretion to waive or modify the other requirements of Title 4. A. 1. Beginning January 1, 1991, Class I or Class II licensee premises may not be established within six hundred feet of any public or private school, church, public library, public 35 Formatted: Font: Bold, No underline, Font color: Text 1 Formatted: No underline, Font color: Text 1, Highlight Formatted: No underline, Font color: Text 1 Formatted: Font: Bold, No underline, Font color: Text 1 Formatted: No underline, Font color: Text 1 Formatted: No underline, Font color: Text 1 Formatted: No underline, Font color: Text 1 Formatted: No underline, Font color: Text 1, Strikethrough Formatted: No underline, Font color: Text 1 Formatted: No underline, Font color: Text 1, Strikethrough l Formatted: No underline, Font color: Text 1 Formatted: No underline, Font color: Text 1 Page 110 of 284 2. Beginning January 1, 1991, Class I or Class II licensee premises may not be established within two hundred feet of any community location measured in a straight line from the nearest entrance of the proposed outlet to the nearest property boundary of the community location. B. The restrictions of subsection (A) of this section govern unless one of the following exemptions applies: 1. The city council finds after full investigation that the distance requirements would result in peculiar and exceptional practical difficulties or exceptional and undue hardships in the granting of a Class I or Class II license. In that event, the city council may, after giving full consideration to all of the attending circumstances, following a public hearing, authorize a variance from the distance requirements to relieve the difficulties or hardships if the variance may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this title. 2. With respect to the establishment of any Class I or Class II licensee in any location, the city council may, after giving full consideration to all of the attending circumstances, following a public hearing, reduce the proximity requirements, in relation to a church if the local governing body of the church in question gives its written approval. 3. With respect to any Class I or Class II license issued by the city council before July 1, 1991, to an establishment that undergoes a change in ownership after that date, the city council may waive the proximity restrictions of this section in considering whether to grant an on premises retailer beer license to the new owner. C. With respect to any community location, the six hundred foot limitation is measured from the nearest entrance of the outlet by following the shortest route of either ordinary pedestrian traffic to the property boundary of the community location. D. Nothing in this section prevents the city council from considering the proximity of any educational, religious, and recreational facility, or any other relevant factor in reaching a decision on a proposed location. (Ord. 94 14 (part), 1994) (Ord. No. 10 10, 1 13 10) 5.20.370 Advertising sale. 36 Page 111 of 284 It is unlawful and constitutes an offense of strict liability to violate the provisions of this section. It is unlawful to advertise the sale of beer except under such regulation as is made by the Alcoholic Beverage Control Commission of Utah; provided, that one simple designation of the fact that beer is sold undcr city license may be placed in or upon the window or front of the licensed premises which designation shall not exceed one hundred dollars in cost. No beer retailer display any sign which shall exceed one thousand five hundred square inches of area. (Ord. 94 14 (part), 1994) 5.20.380 Nuisance prohibited. It is unlawful and constitutes an offense of strict liability for any person to keep or maintain a nuisance as the same is defined in this chapter. (Ord. 94-14 (part), 1994) It is unlawful and constitutes an offense of strict liability for any dealer, brewer or wholesaler to either directly or indirectly supply, give or pay for any furniture, furnishings or fixtures of a retailer; and it is unlawful and shall constitute an offense of strict liability for any dealer or brewer to advance funds or money or pay for any license for a retailer or to be financially interested either directly or indirectly in the conduct or operation of the business of any retailer. (Ord. 91 11 (part), 1991) It is unlawful and constitutes an offense of strict liability for any person to own or operate any premises licensed for the sale of beer without complying with the following lighting and view requirements: A. During business hours a minimum of one candle power light measured at a height of five feet above the floor shall be maintained. B. No enclosed booths, blinds, or stalls shall be erected or maintained. C. There shall be a clear and unobstructed access to all portions of the interior where patrons are permitted or served. (Ord. 91 11 (part), 1991) 5.20.410 Adulterated alcoholic beverage. It is unlawful for any person to mix or permit or cause to be mixed with any alcoholic beverage offered for sale, sold or supplied by him or her as a beverage, any drug or any form of methylic alcohol or any crude, unrectified or impure form of ethvlic alcohol or any other deleterious substance or liquid. 37 Page 112 of 284 5.20.420 Consumption prohibited in unlicensed premises. It is unlawful for any person to consume liquor in an unlicensed place of business as provided herein. 5.20.430 Supply to person whose license is suspended or revoked. It is unlawful for anv person to procure or supply or assist directly or indirectly in procuring or supplying liquor for or to any persons whose license is suspended, cancelled, or revoked. 5.20.440 Supply to prohibited persons. It is unlawful, except in the case of liquor supplied upon the prescription of a physician, or administered by a physician or dentist, or health care facility in accordance with state statute, for any person to procure for, sell, or give any alcohol, to an insane or interdicted person, nor directly or indirectly assist in procuring or supplying any liquor to any such person. 5 —0 10 Pr-esence-of-miners4n-eertain establishments-pr hibited. It is unlawful and constitutes an offense of strict liability for any person under the age of twenty one years to be in or remain in premises licensed as a Class I, for the sale of beer, or to drink becr 5. n A1n 14nl... ful a,. ,. mit S-itteertainr2fitab':isltliic^-rc�� It is unlawful and constitutes an offense of strict liability for any licensee of a Class I license for the sale of beer or any operator, agent, or employee of such licensee to permit any person under the age of twenty one years to remain in such licensed premises. (Ord. 91 11 (part), 1991) It is unlawful and constitutes an offense of strict liability for any person under the age of twenty one years to be in or around any lounge or bar area in premises licensed with a club or seasonal license for the sale of beer or to be in or around any lounge or bar area or premises licensed with a liquor consumption license. (Ord. 94 14 (part), 1994) 5:20 '" —Unlawful ~ • it . ~s-inimrtiens-ereertain-est bl sh► eats 38 Page 113 of 284 It is unlawful and constitutes an offense of strict liability for any licensee of a club or seasonal license for the sale of beer or licensee of a liquor consumption license or any operator, agent or employee of such licensee to have any person under the age of twenty one y ars in or abut the lounge or bar area of such licensed premises. (Ord. 94 14 (part), 1994) 549 45A Possession-of-oeer—Irohi', itedIo--rn;nors—Exeeptieth It is unlawful and constitutes an offense of strict liability for any person under the age of twenty one years of age to purchase, accept or have in his or her possession an alcoholic beverage, including beer or intoxicating liquor; provided, however, that this section shall not apply to the acceptance of alcoholic beverages by such person for medicinal purposes supplied only by the parent or guardian of such person or the administering of such alcoholic beverage by a physician in accordance with the law; provided further, that the provision of the section prohibiting possession of beer shall not apply to persons under twenty one years of age who arc bona fide employees in Class III licensed premises while in the discharge of their employment therein or thereabouts. (Ord. 91 11 (part), 1991) It is unlawful and constitutes an offense of strict liability for any person licensed to sell beer or for any of his agents or employees to allow intoxicated persons to enter or remain in any licensed premises. (Ord. 91 11 (part), 1991) 5.20.470 Hours of beer sales. No person, either as owner, operator or licensee, or his agents, servants and employees, of on premises beer retailers shall permit beer to be sold any time other than between the hours of ten a.m. until one a.m. Class III beer retailers may permit beer to be sold at any hour of the day. (Ord. 94 14 (part), 1994) 5.2n.480 Entertainem A. The following acts or conduct in a Class I or Class II outlet licensed under this part 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 arcola 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 mingle with the patrons while the person is unclothed or in attire, costume or clothing as described in subsection (a); 39 Page 114 of 284 3. Encouraging or permitting any person to touch, caress, or fondle the breasts, buttocks, anus, or genitals of any other person; 1. Permitting any employee or person to w ar or use any device or covering, exposed to view, that simulates the breast, genitals, 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 described in this section; 6. Permitting any person to remain in or upon the premises who exposes to public view any portion of his or her genitals or anus; or 7. Showing films, still pictures, electronic reproductions, or other visual reproductions depicting: a. Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts that arc prohibited by Utah law; b. Any person being touched, caressed, fondled on the breast, buttocks, anus, or genitals; c. Scenes wherein artificial devices or inanimate objects arc employed to depict, or drawings arc employed to portray, any of the prohibited activities described in this ccction; or d. Scenes wherein a person displays the vulva or the anus or the genitals. B. Although live entertainment may be permitted on the premises of a Class I or Class II licensee, a licensee may not permit 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, vulva, or genitals. Entertainers shall perform only upon a stage or at a designated area approved by the city council. C. Violations of provisions of this article shall be grounds for suspension or revocation of 540:490-Employee& No licensee hereunder shall lcnowingly employ in connection with his business, in any capacity whatsoever, any person who has been found guilty of the violation of any law of the state or of any ordinance of the city relating to the traffic of intoxicating liquor or beer. (Ord. 91 11 (part), 3-994) 5.20.500 Inspection of premises. All licensed premises shall be subject to inspection by any police officer or by any member of the City Council or any officer or agent of the Alcoholic Beverage Control Commission or of the 40 Page 115 of 284 state or city health departments, and every licensee shall, at the request of the 19eafd ef-he lt- of the city health department, furnish to it, samples of beer which such licensee shall have for sale. (Ord. 94-14 (part), 1994) It is unlawful for any person to: A. Permit drunkenness to take place in any house or on any premises of which he is the owner, tenant or occupant; or B. Permit or suffer any person apparently under the influence of liquor to consume any liquor in any house or on any premises of which the first named person is owner, tenant or occupant; or C. Give any liquor to any person apparently under the influence of liquor. (Ord. 91 14 (part), 1994) It is unlawful for any person to canvass or solicit orders for alcoholic beverages by mail, telephone or any other manner and such person is prohibited from engaging in such activitica except to the extent that such prohibition may be in conflict with laws of the United States or the state of Utah. (Ord. 91 14 (part), 1994) It is unlawful for any person to order or purchase or to ship or transport or cause to bo transported into the city or from one place to another within the city any alcoholic beverages or to sell or furnish any alcoholic beverages to any person within the city when such alcoholic beverages or any of them arc intended by any person interested therein to be received, possessed, cold or in any manner used, in the original package or otherwise in violation of law. (Ord. 91 11 (part), 1991) 5.20.510 Aiding or abetting. 41 Page 116 of 284 It is unlawful for any person to aid, abet, counsel or procure any unlawful sale, unlawful purchase, unlawful gift, or other unlawful disposition of alcoholic beverages, or to act as agent or representative of the seller in procuring or effecting the unlawful sale or purchase of any alcoholic beverages, and if such acts are performed such person is guilty of a misdemeanor. Nothing in this chapter shall be construed as prohibiting any person from purchasing alcoholic beverages contrary to the provisions of this act when acting as the agent of the authorities - charged with the enforcement of this act in the detection and conviction of violators thereof. (Ord. 94 14 (part), 1994) &20.542 f'rasa-l-or—Cl^Rss41-aeeo,�reeerd& Each Class I or Class II licensee shall maintain accounting and other records and documents ac the city require. Any Class I or Class II licensee or person acting for the on Class I or Class II licensee, who knowingly forges, falsifies, alters, cancels, destroys, cone Os, or removes the entries in any of the books of account or other documents of the Class I or Class II licensee required to be made, maintained, or preserved by this title or the rules of the city council for the purpose of deceiving the city council, or any of their officials or employees, is subject to the immediate suspension or revocation of the Class I or Class II license and possible criminal prosecution under this chapter or state law. (Ord. 94 14 (part), 1994) There shall be no transfer of a Class I or Class II license from one location to another, without prior written approval of the city council. (Ord. 91 11 (part), 1991) A. A person having been granted a Class I or Class II license may not sell, exchange, barter, give, or attempt in any way to dispose of the license whether for monetary gain or not. B. A Class I or Class II license has no monetary value for the purpose of any type of disposition. (Ord. 91 11 (part), 1991) 5.20.550 Violation Penalty. Any person who shall engage in the business for retail of selling beer within the corporate limits of the city without having an appropriate license therefor, from the city or whose license has been revoked, suspended or canceled, or who shall violate any of the terms, clauses or conditions of this article shall be guilty of a misdemeanor. (Ord. 94 14 (part), 1994) A DTT!'T E IV NTl M€ A TING T IQIJ RS 42 Page 117 of 284 It is unlawful for any owner, operator, manager or lessee, or any agent, partner, associate or employee of such owner, operator, manager or lessee of any place of business, as in this chapter consume liquor, as defined in this chapter, without first obtaining a license under this statute of the state of Utah and rules of the Alcoholic Beverage Control Commission. (Ord. 85 09 (part), 1985: prior code § 3 4 1) It is unlawful for any person to consume liquor in an unlicensed place of business as provided herein. (Ord. 85 09 (part), 1985: prior code § 3 1 2) 5 0Z8--IHegal salermfuiuf-aeturin^Tster-age, ete. It is unlawful for any person, except as provided by state statute, to knowingly have in his possession any intoxicating liquor or to manufacture, sell, keep or store for sale, offer or expose for sale, import, carry, transport, advertise, distribute, give away, dispense or serve intoxicating liquor. (Ord. 85 09 (part), 1985: prior code § 3 4 3) 5.20.590 Possession. It is unlawful, except as provided by state statute, for any person to have or to keep for sale or possession any liquor which has not been purchased from the state liquor store or package agency. (Ord. 85 09 (part), 1985: prior code § 3 4 4) It is unlawful, except as provided by state statute, for any person within this state, by himself, his clerk, employee or agent to attempt to purchase, or directly or indirectly or upon any pretense or upon any device, to purchase or in consideration of the sale or transfer of any property, or for any other consideration, or at the time of the transfer of any property, to take or accept any alcoholic beverage from any other person. (Ord. 85 09 (part), 1985: prior code § 3 1 5) 5.20.610 Adulterated alcoholic beverage. 43 Page 118 of 284 It is unlawful for any person for any purpose whatsoever to mix or permit or cause to be mixed any form of methylic alcohol or any crude, unrectified or impure form of ethylic alcohol or any other deleterious substance or liquid. (Ord. 85 09 (part), 1985: prior code § 3 4 6) the age of twenty one years, but this shall not apply to the supplying of liquor to such person for medicinal purposes only by the parent or guardian of such person or to the administering of liquor to such person by a physician in accordance with the provisions of this chapter. (Ord. 85 09 (part), 1985: prior code § 3 1 7) It is unlawful except in the case of liquor administered by a physician or dentist or sold upon a prescription in accordance with state statute, for any person to procure or supply or assist directly or indirectly in procuring or supplying liquor for or to any persons whose permit is suspended or has been cancelled. (Ord. 85 09 (part), 1985: prior code § 3 'I 8) s Jn con c.,,.,.��. t �.ibit a . o��onpp.Tcv-yro.i.orco..,-periv.r administered by a physician or dentist, or hospital in accordance with state statute, for any person to procure for, or sell, or give, to any insane or interdicted person, any liquor nor directly or indirectly assist in procuring or supplying any liquor to any such person. (Ord. 85 09 (part), 1985: prior code § 3 4 9) 54:6650 S> eFage-u It is unlawful for any person to store any liquor in or on places of business licensed by this chapter. It is unlawful for any licensee or any operator or employee of a licensee, to hold, store or possess liquor on premises licensed by this chapter. Persons other than the licensee, or other employee of the licensee, possess and consume liquor on the licensed premises. (Ord. 85 09 (part), 1985: prior code § 3 4 10) 44 Page 119 of 284 Al. All persons involved in the sale or serving of alcoholic beverages at the event shall do so only under the supervision and direction of the licensee. The licensee shall be solely responsible for compliance with all applicable terms of the license, City ordinances, and the Utah Alcoholic Beverage Control Act. B2. No beer or other alcoholic beverage shall be brought by persons other than the licensee onto the premises of the event. C3. Alcohol purchased for the event may not be stored in any place other than that described in the application for local consent and designated on the state permit. Dd. Alcohol purchased for the event may not be sold or served in any place other than the sites described in the application for local consent and designated on the state permit. E5. Alcohol purchased for the event may not be consumed in any area other than that described in the application for local consent and designated on the state permit. F6.Loca1 consent for serving alcohol at a special event is not transferable, whether to another person, or another location. G7. Local consent shall be approved for a specific event scheduled on a date or dates certain and shall be valid for a period not to exceed five consecutive days. H8. No more than two consents for special events with alcohol shall be granted in any calendar year to any applicant. I9. No sale of beer shall exceed a sixteen ounce serving. J10. Minors shall not be permitted to serve or dispense alcoholic beverages, nor shall they be permitted to consume or purchase alcoholic beverages at the event. 45 Formatted: Underline, Font color: Text 1 Page 120 of 284 Kl 1. Alcoholic beverages shall be sold on a per serving basis; "all you can drink" or similar events where beer is served without limitation upon paying a fixed price arc prohibited. L 12. Licensees shall properly train all event personnel on all operational restrictions, and shall assure that alcoholic beverages arc not served to obviously intoxicated persons. M 13. The licensee shall provide adequate event security, given the nature of the event and the expected number of event patrons. N11. If applicable, concurrent with the application for local consent to serve alcohol at a special event, the applicant shall apply for a special event license or special event business license, as provided under the City Code, all of which may be processed together by the 54046^0-C-onsump'�^F ^Teel A. No person shall consume, serve, or distribute alcoholic beverages in a public street, sidewalk, alley, building, park, or facility, except in conformity with the provisions of this Titlesection. Violation of this section is a strict liability offense punishable as a Class C misdemeanor. No event sponsor or oth person shall cha ge an admission fee or otherwise charge a Formatted: Font color: Text t, strikethrough with the provisions of this section Title and Title 4. Violation of this subsection is a strict C. Common Requirements for Public Events Where Alcohol Is Served. Persons who propose to hold public events where alcohol will be served at venues owned by the City of Moab particular venues. The event sponsor shall comply with applicable laws governing the consumption and distribution of alcohol, and the sponsor must: 1. Obtain the applicable state of Utah single event alcohol permit or temporary special event beer permit, after receiving the written local consent of the City Manager, and comply with all permit terms; 46 Page 121 of 284 2. Obtain and comply with a city of Moab alcohol license, if applicable; 3. Obtain and comply with the applicable special event license pursuant to,Ch pter 5.09 Formatted: Font color: Text 1, strikethrough Title 4, which will be combined with the requirements under this section; 4. Show proof of liability insurance for event host liquor liability and naming the City of Moab as an additional insured; and 5. Pay the applicable rental fee, as established from time to time by h C.ty Council resolution, and execute a public facility use agreement indemnify. g and holdi g the City Formatted: Font color: Text 1, strikethrough harmless from all liability associated with the serving and consumption of alcohol at the event. D. City Events. The City may hold public events where alcohol is served, as otherwise provided under this section. Where the City holds a public event it shall contract with a separate alcohol vendor, who shall procure the e ry alcohol event licenses under subsections (C)(1) and (2) of this section, and the liability insurance as required by subsection (C)(1) of this section. The alcohol vendor shall be the event sponsor for purposes of all alcohol related compliance under this section. If the City holds the event it has discretion to waive or modify the other requirements of Title 1. subsection (C) of this section. E. Public Events at Certain Parks. The serving, consumption, and sale of alcoholic beverages at public events held at City owned facilities, including parks,Swanny City Park, the Center Street Ballfields, Lion's Park, or Old City Park may be permitted by the city council C'ty M ger. Serving of alcohol shall be limited to the hours of twelve p.m. ten a.m. until eight nine p.m. during the event. Areas designated for the serving of alcoholic beverages must be located at least one hundred feet away from designated playgrounds, the skate park, the Moab Recreation and Aquatic Center, and similar facilities. F. Events on Public Streets. The serving, consumption, and sale of alcoholic beverages at public events held on a public street may be permitted by the city council C'ty M ger; provided, that the event sponsor obtains a special event license (Level II) pursuant to,Chapter Formatted: Font color: Text 1, strikethrough 5.09 Title 1 Special Events. Serving of alcohol shall be limited to the hours of ten a.m. until nine p.m. during the event. 47 Page 122 of 284 G. Events at the MARC. The serving, consumption, and sale of alcoholic beverages at public events held at the Moab Arts and Recreation Center (MARC) may be approved by the by the city council C'ty M ger. 1. City staff is authorized to approve privately hosted social gatherings at the MARC where alcohol may be served. Sponsors of private events at the MARC must: a. Pay the applicable rental fee, as established from time to time by h C'tv Council fesolution, and execute public facile use agreement indemni ing and holding the City harmless from all liability associated with the serving and consumption of alcohol at 4 alcohol; 2. All events at the MARC shall be concluded by eleven p.m. Serving of alcohol at public or private events shall be concluded no later than ten thirty p.m. H. Public Events at County Facilities. The serving, consumption, and sale of alcoholic beverages to the public at facilities owned by Grand County within the City may be permitted by the by the city council C'tv M ger provided each of the following conditions are met: 1. The event sponsor obtains approval from Grand County; 2. The event sponsor obtains the applicable state of Utah single event permit or temporary special event beer permit after receiving the written local consent of the City Manager, and abides by all terms and conditions of the state of Utah permit; 3. The event sponsor obtains the applicable City of Moab alcohol licenses; and Formatted: Font color: Text 1, Strikethrough 4. The event sponsor obtains the applicable special event license pursuant to,Chapter 5.09 Formatted: Font color: Text 1, Strikethrough Title 'I. 48 Page 123 of 284 I. A "privately hosted social gathering" shall be defined as any social, recreational, or business event for which all or a portion of the MARC has been leased or licensed, in advance, and the event or function is limited in attendance to people who have been specifically not in any case be defined to include any event to which the public is invited, whether by advertisement or otherwise, or events where an admission fee is charged. J. A "public" event shall be defined to mean any gathering which is open to all persons, which is advertised as open to the general public, or which is open to all persons who purchase admission. K. No City employee, agent, or volunteer shall consume alcoholic beverages or participate in the serving or distribution of alcoholic beverages at any gathering authorized pursuant to this section while on duty or acting in an official capacity on behalf of City. Nothing in thi, subsection shall prohibit a City employee, agent, or volunteer from consuming or distributing alcoholic beverages at an event where such person is a guest or event participant. 1. City employees, agents, or volunteers are not deemed to be participating in the serving or pursuant to subsection (D) of this section, City Events. L. To be eligible for any license or permit pursuant to this chapter, an "event sponsor" shall be a natural person twenty one years of age or older, except in the case of events held under subsection (D) of this section. M. No person shall allow or permit the serving of alcoholic beverages to any person under twenty one years of age. All persons involved in the serving or distribution of alcoholic beverages do so under the supervision and direction of the event sponsor, who shall be personally responsible for compliance with all applicable public facility use agreement, City Code, and state law provisions. Violation of this subsection is a strict liability offense and shall be punishable as a Class C misdemeanor. N. The applicable decision maker for any event authorized under this section shall be authorized to attach such other and additional terms and conditions upon the use and occupancy of public facilities as may be deemed necessary and appropriate, depending upon the nature of the event planned. These additional terms may include, but shall not be limited to: 49 Page 124 of 284 1. Special limitations as to hours of operation; 2. Limits on the occupancy or total numbers of guests; 3. Security requirements; 1. Parking limitations; 5. Limits on the areas to be occupied by the event; and 6. Any conditions reasonably related to the safety of event participants, and the safety and p ace of the general public. O. Any City enforcement officer may enter the premises of any event permitted under this section at any time to determine compliance with all applicable laws and conditions. Any law enforcement officer who rc\lsonably believes that an event is out of compliance with applicable laws and conditions shall have the authority to curtail or terminate the event. (Ord. 17 31 (part), 2017: Ord. 12 12 (part), 2012: Ord. 99 03 (part), 1999: Ord. 85 09 (part), 1985: prior code § 3 1 11) + For state law as to authority of city to regulate the sale, use, etc., of intoxicating beverages, sec U.C.A., 1953, 10 8 12. As to authority to prohibit the sale, ctc., of intoxicating liquors to minors, sec U.C.A., 1953, 10 8 17. As to authority to license businesses generally, sec U.C.A., 1953, 10 8 80. As to Liquor Control Act of the state, sec U.C.A., 1953, § 32 1 1 et seq.Prior history: Prior code Sections 3 1 1 through 3 1 11, 3 2 1 through 3 2 19, 3 3 1 through 3 3 23 and Ords. 11 80, 81 01, 85 09, 87 03 and 91 02. 1 For State Alcoholic Beverage Act, see U.C.A. Title 32B. 50 Page 125 of 284 Chapter 5.21 REGULATING THE RETAIL SALE OF TOBACCO PRODUCTS Sections: 5.21.010 Tobacco product sales regulated. 5.21.010 Tobacco product sales regulated. The city of Moab will regulate the retail sale of tobacco products in accordance with all applicable, enacted sections of Utah Code Annotated. (Ord. 14-03, 2014) 51 Page 126 of 284 Chapter 5.32 PAWNBROKERS, SECONDHAND DEALERS AND JUNK DEALERS Sections: 5.32.010 Definitions. 5.32.020 5.32.030 5.32.020 Records to be kept -- Availability to peace officers. 5.32.040 Articles kept — Term. 5.32.054 5.32.060 License --Revocation. 5.32.010 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings below respectively ascribed to them by this section: A. "Junk collector" means a person not having a fixed place of business in the eCity who goes from house to house and from place to place gathering, collecting, buying, selling or otherwise dealing in any eld rags, sacks, bottles, cans, papers, metal or other articles commonly known as junk. B. "Junk dealer" means a person having a fixed place of business within the eCity and engaged in, conducting, managing or carrying on the business of buying, selling or otherwise dealing in, either at wholesale or retail, old rags, sacks, bottles, cans, papers, metal or other articles commonly known as junk. C. "Pawnbroker" means a person engaged in, conducting, managing or carrying on the business of pawnbroking, or the business of loaning money for himself or for any other person, receiving as security for the repayment thereof pawns or pledges of personal property, or the business of purchasing personal property and reselling or agreeing to resell such article to vendors customers or merchants, their personal representatives or their assignees at prices agreed upon at or before the time of such purchase, whether such business is the principal or sole business so carried on, or is merely incidental to, in connection with or a branch or department of some other business. D. "Pawnshop" means any room, store or place in which cuch business pawnbroking is engaged in, carried on or conducted. E. "Secondhand dealer" means a person engaged in, conducting, managing or carrying on the business of buying, selling or otherwise dealing in previously privately -owned (secondhand goods), wares, merchandise or articles, whether such business is the principal or sole business so 52 Page 127 of 284 carried on, managed or conducted or is merely incidental to or in connection with a branch or department of some other business. (Prior code § 18-1) 5.32d120Po'nee-reports—Paiv rbrokers A. No pawnbroker or any employee or agent of any pawnbroker with the city shall fail, neglect or refuse to make out and dclivcr to the chief of police, within twenty four hours after the rcccipt thcrcof, a full, true and complctc report of all goods, wares, merchandise or articles received on deposit, in pawn or pledge or by purchase. B. Every report filed pursuant to this section shall show the hour of the day and the date when ach articic was received on deposit, in pawn or plcdgc or by purchase; the true name and address, as n arty as the same is known or can be ascertained by such pawnbroker, of the person by whom any such goods, wares, merchandise or article was left or deposited, pawned, pledged complexion, color of hair, color of mustachc or beard, if worn, or if not worn such fact shall be noted; and the number of the pawn ticket, the amount loaned or paid thcrcon and the quantity or number of articles purchased, including all distinguishing marks thereof. (Prior code § 18 2) A. It is unlawful for any secondhand dcalcr, junk dealer or junk collector within the city to fail, neglect or refuse to make out and dclivcr to the chief or police, within one week after the receipt thcrcof, a full, true and complctc report of all goods, wares, merchandise or articles received on deposit, in pawn or plcdgc or by purchase. B. Such report shall show the hour of the day and the date when each article was rcccivcd on deposit, in pawn or plcdgc or by purchase; the true name and address, as nearly as the same is known or can be ascertained by such secondhand dealer, junk dealer or junk collector, of the person by whom any such goods, wares, merchandise or article was left or deposited, pawned, pledged or sold; a description of such person, which shall show the style of dress, height, age, sex, complexion, color of hair, color of mustache or beard, if worn, or if not worn such fact shall be noted; and the amount loaned or paid thcrcon, the quantity or number purchased and a complctc dcscription of each article received, including all distinguishing marks thcrcof. (Prior code § 18 3) 5.32.020 Records to be kept -- Availability to peace officers. Pawnbrokers and secondhand dealers shall keep records containing a description of all articles received by them, the amounts paid therefor or advanced thereon, a general description of the person from whom received, together with his or her name and address and the date of the transaction. Such records shall at all reasonable times be accessible to any peace officer who demands an inspection thereof, and any further information regarding such transactions that the 53 Page 128 of 284 peace officer may require shall be given by pawnbrokers and secondhand dealers to the best of their ability. 5.32.040 Articles kept — Term. No pawnbroker; or secondhand dealer, junk dealer or junk collector shall deface, alter, change, destroy, part with, conceal, give away, sell or dispose of any goods, wares, merchandise or article before and until one week after the dealer has acquired the article. making out and delivering to the chief of police the reports required in accordance with the provisions of this chapter. (Prior code § 18-4) All reports required by the provisions of this chapter shall be made out and delivered to the chief of police and shall be written or printed in a clear and legible manner (Prior code § 18 5) 5.32.060 License --Revocation. Any license of a pawnbroker, secondhand dealer, junk dealer or junk collector may be revoked by the City Council for any violation of this chapter. (Prior code § 18-6) 54 Page 129 of 284 Chapter 5.60 FRANCHISES Sections: 5.60.010 Application --Fee. 5.60.020 Assignability. 5.60.030 Forfeiture of rights upon unlawful assignment. 5.60.010 Application --Fee. Whenever applications shall be made to the city council for a franchise or grant of special privileges, or for an extension or renewal of any existing franchise or grant of special privileges, the applicant shall furnish to the Ceity Rrecorder, for the use of the Ceity Ceouncil, twelve copies of the proposed resolution or ordinance, and pay into the city treasury a fee of twenty-five dollars. (Prior code § 2-66) 5.60.020 Assignability. All franchises and grants of special privileges shall be nonassignable without the express permission of the Ceity Ceouncil, whether such limitation is set forth in the body of the franchise or grant or not. All assignments of franchises and special grants shall be in writing, and a copy thereof filed in the office of the Ceity Rrecorder before any such assignment or transfer will be recognized by the Ceity. (Prior code § 2-67) 5.60.030 Forfeiture of rights upon unlawful assignment. Any attempted assignment or transfer of a franchise or special privilege not made in accordance with the provisions of this chapter shall operate as a forfeiture of all the rights of the grantee therein given. (Prior code § 2-68) 55 Page 130 of 284 Chapter 5.64 VENDOR, , PEDDLER,,VNB SOLICITOR, AND MISCELLANEOUS MERCHANT BUSINESS LICENSES Sections: 5.64.010 Definitions. 5.64.020 Licenses --Required. 5.64.030 Exemptions. 5.64.040 Application License fees. 5.64.050 General operating standards. 5.64.060 Specific operating standards. 5.64.070 Prohibited practices. 5.64.080 Application. 5.64.085 License renewal — Criminal convictions. 5.64.090 Licenses --Issuance. 5.64.100 Modification of lieense display apparatus, vehicle or structure. 5.64.110 Grounds for denial. 5.64.120 Appeal of denial. 5.64.130 License --Display. 5.64.140 License --Fees. 5.64.150 License --Nontransferable. 5.64.160 r a Re eats ~ 'Gases. License revocation, grounds. 5.64.170 Lieeneation License revocation--otice, right to cure, procedure. 5.64.180 License --Term and renewal. 5.64.190 Agent for service of process. 5.64.010 Definitions. For purposes of this chapter: A. "Accoutrements" means additional items added for flavoring such as, but not limited to, seasonings, mustard, ketchup, and mayonnaise. B. "Cart" means a small mobile cart or wagon that occupies a temporary location on a sidewalk or private property and is a humanly propelled wheeled vehicle that may contain food or other items for sale. C. "Display apparatus" means a nonpermanent structure such as a table, stand, wagon, tray, cart, canopy, tents with three sides open or other displays for the sale of goods, merchandise, food, wares or services, on private property. Teepees shall not be considered a display apparatus, and shall not be used for vending purposes shall be allowed if 75% of the sides are open and the interior is visible, from outside the teepee, to at least 7 vertical feet from the ground. D. "Farm produce" means fresh fruit, vegetables, herbs, eggs, or grains. 56 Page 131 of 284 E. "Miscellaneous merchant" means any licensee conducting business that does not meet the criteria of a peddler, solicitor, or vendor as defined in this chapter. F-E. "Month" means a period of thirty consecutive days regardless of the calendar month. GF. "Non -motorized trail system" means a paved or unpaved government -constructed trail or path that is intended solely for pedestrian, bicycle or equestrian use. "Peddler" means any person who goes from house to house or business to business, carrying food, goods, wares, or merchandise and selling or offering the same for sale. Peddlers seek out customers and are only stopped while engaged in a business transaction. They are not stopped or parked waiting for customers to come to them. Peddler shall not include persons going door to door requesting contributions or offering goods for sale for fund-raising purposes, by volunteer representatives of qualified charitable organizations or schools. A qualified charitable organization is a nonprofit organization that qualifies for tax-exempt status according to the U.S. Treasury under Section 501(c)(3) of the Internal Revenue Code. Formatted: Underline, Font color: Text 1 &I. "School sponsored event' means an activity or sale that generates money that is collected Formatted: Underline, Font color: Text 1 or paid to the school district or individual public school. The event must be overseen or sponsored by the school district, an individual public or private school, or a school group or club. H. "Solicitor" means 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. IA "Solicitor" means any person who goes from house to house or business to business, not carrying goods, wares, or merchandise, but taking orders for future delivery of goods, wares, merchandise, subscriptions, or services. A solicitor may also conduct sales by means of telephone solicitation, direct mail, email, or internet offers. Solicitor shall not include persons going door to door requesting contributions or offering goods for sale for fund-raising purposes, by volunteer representatives of qualified charitable organizations or schools, nor shall it include persons carrying out petitioning activity or serving political candidates or causes. A qualified charitable organization is a nonprofit organization that qualifies for tax-exempt status according to the U.S. Treasury under Section 501(c)(3) of the Internal Revenue Code. i Formatted: Underline, Font color: Text 1, Not Strikethrough "Stationary mobile cart" means a cart having functional wheels and an axle that occupies Formatted: Underline, Font color: Text 1 one temporary location for a specified period of time. 57 Page 132 of 284 K. "Transient Merchant' means any person, firm, or corporation who engages temporarily in the sale and delivery of food, goods, services, wares, or merchandise within the City, and who, in furtherance of such purpose, leases, uses, erects, or occupies any private property, vacant lot, parking lot, motor vehicle, trailer, room, structure, tent, canopy, or temporary or portable shelter, for a term of 30 consecutive days or less. L. "Vehicle" means a motorized vehicle used for displaying, storing or transporting of articles offered for sale by a vendor,transient merchant, peddler or solicitor and is currently Formatted: Font color: Text 1, strikethrough licensed and registered by the Department of Motor Vehicles. K. "Vendor" morns any person(s) engaged in the selling or offering for sale of food, beverages or merchandise on private property, public streets or sidewalks. The term "vendor" includes: M. "Vendor" means any person, firm, or corporation engaged in the business of selling food, goods, services, wares, or merchandise from a vehicle, trailer, cart, human -powered cycle, backpack, basket, or other display apparatus within the City, and who, in furtherance of such purpose, leases, uses, or occupies any street, sidewalk, or private property. The term "vendor" includes: 1. Street vendors; 2. Sidewalk vendors; and 3. Private property vendors. -and 4. Food vendors; but does not include solicitor or soliciting activities. as defined in Chapter 5.11. N. "Vendor, food" means any street vendor, sidewalk vendor, or private property vendor that sells foodstuffs, edibles, liquids beverages, ice cream, confectionery or other edible products upon any public street, road, alley, curb or sidewalk, or on private property. O. "Vendor, limited" means a vendor who legally conducts business within the City limits for a specified period of time not to exceed twenty-nine days. 58 Page 133 of 284 N. "Vendor, local" means 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 Moab City or Grand County. P. "Vendor, long-term" means a vendor who legally engages in business within the City limits for a nonrenewable renewable term ofma-te one to twelve months. Q. "Vendor, private property" means any business that exhibits, displays, offers for sale or sells any food, beverages, goods, wares or merchandise from a cart, fixed cart, stationary mobile cart, display apparatus, trailer, or vehicle located in a described location on private property. Merchandise may be displayed on display apparatus as defined belevv above. R. "Vendor, sidewalk" means any person who sells or offers for sale from temporary locations for limited durations on any public sidewalk (excluding City parks and Mill Creek Parkway) any goods, wares, merchandise, services, food or beverages from a cart or by foot from a pack, basket or similar container, or handheld display. S. "Vendor, street' means any person travelling by vehicle, bicycle human powered cycle, or other street -legal conveyance on public or private streets and who carries, conveys, or transports food, beverages, goods, wares or merchandise and offers them for sale. (Ord. 13-17 (part), 2013) 5.64.020 Licenses --Required. A. All vendors, y . naient-rne..,.t...nt peddlers, and solicitors, and�one using ending display apparatus to engage in business within the City, shall first obtain a business license as required by Chapter 5.04. B. All defined vendor licenses require Moab city council approval. Formatted: Font color: Text 1, Strikethrough Formatted: Font color: Text 1, Strikethrough B. Each individual peddler or solicitor going door to door, or the company that employs them, must obtain a business license in his, her, or itsc or her name. A company employing such Formatted: Font color: Text 1, Strikethrough peddler or solicitor cannot receive a license that covers more than one individual. Each individual peddler or solicitor must obtain a background check prior to conducting business in a residential area. 59 Page 134 of 284 C. The maximum time limit 'amount of time] a vendor or transient merchant display apparatus can be placed at a location is determined by the type of structure and operational restrictions. CD. Applicant shall apply to the Moab City Treasurer's office and shall submit all information and fees required by Chapter 5.04 and Sections 5.64.040 and 5.64.080 for the specific type of structure vendor, transient merchant, peddler, or solicitor. (Ord. 13 17 (part), Formatted: Font color: Text 1, strikethrough 204-33 5.64.030 Exemptions. A. This chapter shall not apply to school and City recreation sponsored sales or events, or to City contracted sales or events, or to solicitors as defined in Scction 5.11.010(C)(1), and sales described in Chapter 5.09, Special Event Permits and Business Licenses. B. Vendors who conduct sales at a special event-orppecial business event as defined by � Formatted: Font color: Text 1, strikethrougl, Chapter 5.09 Title 4 are exempt from the provisions of this chapter, provided the responsible ----( Formatted: Font color: Text 1, strikethrough i organization which holds the special event permit lists the vendor on an approved vendor list and the organization satisfies all City license and sales tax requirements as specified in Chapter 5.09 Formatted: Font color: Text 1, strikethrough Title 4. C. 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 general public shall be exempt from the provisions of this chapter. D. This chapter shall not apply to sales of farm produce, as defined above, where such sales are conducted by persons who grow such items and sales are conducted on private property. E. Temporary displays by a permanent business, as described in Section 5.64.060(E), are exempt from obtaining a separate license for the temporary display, however, they must adhere to the requirements outlined in Section 5.64.060(E). 60 Page 135 of 284 F. Any exempted activity shall not reduce the number of parking spaces for the permanent business and shall not obstruct ingress or egress to the business. (Ord. 13 17 (part), 2013) 5.64.040 Applie-ation-License fees. License Fees shall be determined by the Moab City Council and shall be adopted by resolution. --I Formatted: Font color: Text 1, Strikethrough (Ord. 13 17 (part), 2013) 5.64.050 General operating standards. A. The following requirements must be met by all vendors. and transient merchants. using Formatted: Font color: Text 1, Strikethrough display apparatus. 1. Codes compliance. Display apparatus, vehicles, and structures must meet all applicable building, health and fire codes for the intended use. Permits Display apparatus, vehicles, and structures require Moab City Council approval by the City Treasurer and locations of suell display apparatus, vehicles, and structures are limited to commercial zones unless otherwise permitted by Moab city council the City Treasurer. 2. Illegal Camping. It is illegal for any vendor or transient merchant to camp on the selling Formatted: Font color: Text 1, Strikethrough site, in accordance with Chapter 8.20 and Section 10.04.230. 3. Refuse and Recycling. Vendorsand transient merchants are strongly encou ged to recycle. Vendors and transient merchants shall provide their own refuse/recycling containers and in no case shall City street receptacles be used for on -site vendor or transient merchant_ refuse and recycling. a. All refuse and recycling containers shall be removed and securely stored at the close of each business day. b. Every container shall have a cover. c. Pickup of refuse/recyclables shall be made through a refuse service provider or through the host property owner. Written permission from the property owner or proof 61 Formatted: Font color: Text 1, Strikethrough Formatted: Font color: Text 1, Strikethrough Formatted: Font color: Text 1, Strikethrough Page 136 of 284 of other arrangements must be submitted with the application. The City, at its discretion, may require applicants to obtain commercial refuse disposal service. d. Food vendors shall pay, in advance, a food vendor surcharge. The fee amount shall be reviewed y arly and established by resolution of Moab city council upon recommendation of staff. d. Food vendors involved in special events shall utilize the special event refuse plan. e. Food vendors with seating areas shall have refuse and recycling containers emptied at the close of each business day. f. [Grease trap requirements - including disposal of grease] - [to be added] 4. Area Maintenance. All vendors ,and transient merchants shall maintain the permitted Formatted: Font color: Text 1, Strikethrough area, the display apparatus and the immediate area within thirty feet surrounding the permitted area in a neat, clean and hazard -free condition. 5. Signs. All signage shall be painted on or attached to the display apparatus, cart, or vehicle and a drawing to scale or photograph of the proposed signage shall be included in the application. Signs on display apparatus shall not appear on devices that extend above the display apparatus except on umbrellas and canvas covers. Umbrella and cover signage shall relate only to the product being sold or the name of the business. Public poles, picnic tables, and trash receptacles shall not be used to display signs. Separate free-standing signs are prohibited. 6. Business Access. Vendor and transient merchant license applicants shall demonstrate Formatted: Font color: Text 1, Strikethrough that there is sufficient access, parking and maneuvering space available at the site on which the vendor pr transient merchant will operate. Suitable, safe access by pedestrians shall be Formatted: Font color: Text 1, Strikethrough provided and no structure shall obstruct access to or from parking areas or sidewalks. 7. Hours of Operation. The hours of operation shall be limited to seven a.m. to ten p.m. 62 Page 137 of 284 8. Employee Restroom Facilities. Restroom services for employees shall be provided by a written agreement between the property owner and the vendor. The written agreement must be submitted with the application to the City recorder Treasurer. 9. Noise Level. No loud speakers or any unnecessary noise will be allowed on the site. a. Noise is required to be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness. b. The average resulting dBA count shall not exceed sixty dBA at any point on or beyond the site. c. The use of internal combustion generators is prohibited. d. Music that is softly played solely for the enjoyment of the vendor or transient merchant is allowed at a hearing range that does not extend beyond the area of the apparatus, structure, or vehicle. 10. Animals. No live animals shall be attached or "hitched" to any vending vehicle, cart, stand, or display. 11.Number of Parking Spaces. Parking shall be provided by a written agreement between the property owner and the vendor or transient merchant. Said written agreement must be submitted with the application to the City recorder Treasurer. One parking space per each temporary commercial structure shall be designated on the host property and shall be located so as not to reduce the number of parking spaces required for the permanent business. a. A parking exception may be granted by Moab city council the City ManagerTreasurer if the applicant can adequately demonstrate that on -street parking is available, sufficient parking is provided elsewhere or customers largely walk up or would use short-term parking. 63 Formatted: Font color: Text 1, Strikethrough Formatted: Font color: Text 1, Strikethrough Page 138 of 284 b. In no case shall the vending apparatus occupy parking spaces that reduce the amount of required parking for the host business. 12. Tents. The use of fully enclosed tents as apparatus is prohibited. A tent structure may be erected that is open on no less than at least three sides. 13. Proximity to Special Event or Special Business Event. Any vending apparatus that sets up within one hundred linear feet in a straight line of a special event-erppccial businesa event shall ask permission from the event and appear on the special event or special business event list of vendors. Formatted: Font color: Text 1, Strikethrough 14. Zoning Compliance. No license shall be granted for a vendorpr transient merchant Formatted: Font color: Text 1, Strikethrough unless allowed as a land use in the underlying zoning district(s) in which it operates except for vendors selling frozen food products. (Ord. 13-17 (part), 2013) 15. Location. Except for sidewalk vendors, ice cream trucks / cycles, and vendors moving to the designated food court at the corner of 100 North and 100 West, all other vendors and Formatted: Font color: Text 1, Strikethrough transient merchants must get prior written approval for each location they intend to occupy. 5.64.060 Specific operating standards. A. Food Vendors. With the exception of vendors or peddlers selling frozen food in residential areas, all other food vendors ceiling ice cream and other food products shall follow the standards listed below: 1. Location. Business shall be conducted in commercial zones. The unit vehicle, structure or display apparatus shall not block ingress or egress of any loading, parking or emergency access areas of the property or reduce required parking. 2. Structures. a. Food vending apparatus, structures and vehicles shall comply with all State of Utah health requirements. 64 Page 139 of 284 b. Food vending apparatus must be constructed of durable materials, and be designed with smooth impervious surfaces for easy cleaning. c. Carts shall be of sufficient lightweight construction that can be moved from place to place by one adult person without any auxiliary power. d. The total area occupied by tlie-a display apparatus or pushcart, together with the operator and any trash receptacle, cooler or chair, shall not exceed thirty-six square feet of space. e. Carts. Sidewalk vendor carts shall not exceed the dimensions of three feet wide by eight feet long by eight feet high. £ Vehicles or structures serving food shall not exceed the dimensions of eight feet wide by twenty-five feet long and ten feet in height. If the proposed vehicle or structure is more than twenty-five feet long, the applicant must obtain written approval for this exception from the City Manager. g. Umbrellas or canopies shall be a minimum of seven feet above the sidewalk if they extend beyond the edge of the cart or vehicle. h. Seating may be provided as approved by city council to include a table and up to six seats. Seating areas shall be located adjacent to near the display apparatus, structure, or vehicle and in no case shall not exceed forty square feet in area. i. Vehicles must be insured, and registered with the Department of Motor Vehicles. B. Street Vendors. Street vendors using motorized vehicles shall follow the display apparatus standards listed below: 1. Location. A street vendor may operate on public or private streets. Street vendors shall not conduct business on state highways. 65 Page 140 of 284 a. Street vending vehicles shall not stop to conduct business in intersections or within crosswalks so that vehicular and pedestrian traffic will remain unhindered. b. Street vending vehicles selling frozen products from vehicles may operate in residential areas provided that the vehicle continues to travel through neighborhoods with stops only to conduct sales. The vehicle must generally remain mobile and in no case shall the vehicle be parked longer than ten minutes in a single location for sales. c. Street food vending apparatus must be designed as a single, self-contained unit, able to operate without the use of detached tables and counters, or require additional refrigeration facilities at the place of operation. 2. Size of Structure Vehicle. Vehicles shall not exceed the dimensions of eight feet wide by twenty-five feet long and ten feet in height. If the proposed vehicle or structure is more than twenty-five feet long, the applicant must obtain written approval for this exception from the City Manager. 3. Vehicles must be insured, and registered with the Department of Motor Vehicles. C. Sidewalk Vendors. Sidewalk vendors using human -propelled carts or cycles, packs, baskets, or handheld displays shall follow the display apparatus standards listed below: 1. Location. A sidewalk vendor may operate on the sidewalk in the public right-of-way with written permission from the City. a. No permit license shall be approved for locations on City non -motorized trail systems. b. Sidewalk vending apparatus shall not locate on corners or at intersections where it may cause line of sight issues for pedestrians or motorists. Carts shall be located so the flow of pedestrians is not impeded and be positioned along the route at the curbside of the sidewalk. 66 Page 141 of 284 c. Sidewalk vending apparatus shall not locate within ten feet of any doorway to an existing business. d. Sidewalk vendors selling food or frozen products from a pushcart may travel along the streets with stops only to conduct sales of food products. de. A minimum of five feet of open sidewalk space for the passage of pedestrians shall be maintained at all times. 2. Carts. Sidewalk vendor carts shall not exceed the dimensions of three feet wide by eight feet long by eight feet high. The area occupied by the cart, together with the operator and any trash receptacle, ice cooler or chair, shall not exceed thirty-five square feet of adjacent sidewalk space. The structures shall be moved on air -filled rubber tires and be of sufficiently lightweight construction that they can be moved from place to place by one adult person without auxiliary power. The device or cart shall not be motorized so as to move on its own power. Hard casters for wheels are prohibited. D. Private Property Vendors_ Display Apparatus. 1. StructuresNehicles/Display Apparatus. a. Dimensions. No display apparatus shall exceed the dimensions of one hundred twenty square feet (ten feet by twelve feet). b. Construction. All display apparatus shall be constructed in a sturdy manner so that there is no risk to the public of having the display apparatus collapse or break. c. Umbrellas Permitted. An umbrella or awning may be attached to the display apparatus or vehicle so as to shelter the vendor or customers. i. Umbrellas or canopies shall provide a minimum of six feet six inches seven feet of head room above the sidewalk ground. if they extend beyond the edge of the cart. 67 Page 142 of 284 ii. Umbrellas or canopies shall not exceed one hundred twenty square feet in area. d. All accoutrements must be contained in a three-foot by five-foot area adjacent to the display apparatus, structure or vehicle. e. Display apparatus that cannot be adequately secured during off -business times shall be removed from the property at the end of each working day. £ Vehicles or structures shall not exceed the dimensions of eight feet wide by twenty-five feet long and ten feet in height. If the proposed vehicle or structure is more than twenty-five feet long, the applicant must obtain written approval for this exception from the City Manager. g. Seating may be provided to include a table and up to six seats. Seating areas shall be located near the display apparatus, vehicle or structure and shall not exceed forty square feet in area. h. Vehicles must be insured, and registered with the Department of Motor Vehicles. i. Private property vendors must meet all applicable building, health and fire codes for the intended use. 2. Location. All display apparatus shall be located on private property and in commercial zones. E. Temporary Display --Permanent Business. 1. A structure or display apparatus outside a permanent business shall not exceed twenty percent of the permanent business building's area, and is limited to a term not to exceed twelve months commencing at the issuance date of the permit. Apparatus must meet all applicable building, health and fire codes for the intended use. Structures are limited to commercial zones and do not require Moab City Council approval or a separate vendor license if they comply with the following: 68 Page 143 of 284 a. Existing businesses that may place racks, tables, tents, canopies, awnings, or outside displays of lot sales merchandise, food or beverages at their permanent place of business are exempt from the requirement of Moab city council review and approval if cif such displays are less than two hundred square feet in size. b. Where located along public sidewalks, such displays shall be located as close as possible to the main business building. c. A minimum clear sidewalk width of five feet shall be maintained for pedestrian traffic to pass. d. All merchandise displays shall be removed at the end of each business day and stored indoors. c. Required parking spaces shall not be used for this activity. (Ord. 13 17 (part), 2-04-3) e. Any display or temporary structure shall not reduce the number of parking spaces for the permanent business and shall not obstruct ingress or egress to the business. f. Temporary displays at a permanent business must be approved by the zoning administrator for compliance with zoning, required parking spaces, and sign codes, on a form provided by the City Treasurer. F. Transient Merchants. Transient merchants shall follow the standards listed below: 1. Location. Business shall be conducted in commercial zones. The structure, vehicle or display apparatus shall not block ingress or egress of any loading, parking or emergency access areas of the property or reduce required parking. 2. Structures. 69 Page 144 of 284 a. The area occupied by the display apparatus, structure, stand and vehicle, together with the operator and any trash receptacle, cooler or chair, shall not exceed thirty six square feet of space. b. Umbrellas or canopies shall offer a minimum of seven feet of head room above the ground. c. Seating may be provided to include a table and up to six seats. Seating areas shall be located near the stand, structure, display apparatus or vehicle and shall not exceed forty square feet in area. d. Vehicles must be insured, and registered with the Department of Motor Vehicles. 5.64.070 Prohibited practices. A. It is unlawful for any vendor, transient merchant, 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. B. It is unlawful for any vendor, transient merchant, peddler or solicitor to: 1. Persist or remain on private property after the owner or occupant has directed the vendor, transient merchant, meddler or solicitor to leave; Formatted: Font color: Text 1, Strikethrough 2. Initiate telephone, mail, or in -person contact with a customer or prospective customer after that person has provided notice to the vendor, transient merchant, peddler or solicitor Formatted: Font color: Text 1, Strikethrough directing requesting that all such contact shall cease; 3. Engage in business past the hour of ten p.m. or prior to seven a.m.; 70 Page 145 of 284 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 content, are likely to be offensive, annoying, or disturbing to the recipient; 5. Yell, sing, or call out to passersby to interest them in the merchandise of the vendor 3 Formatted: Font color: Text 1, strikethrough transient merchant, peddler or solicitor. merchandise; Formatted: Font color: Text 1, strikethrough 6. No vendor shall operate within ten feet of any fixed base retail establishment or other 5.64.080 Application. A. Only complete applications will be accepted, In addition to the application information required of all business license applicants generally, as provided in Section 5.01.030, Applications shall be submitted on a form provided by the City Treasurer and shall require the applicant to furnish the following items and information: 1. Name, business name, address, email, and telephone number, driver's license number, and type of business entity of the vendor„transient merchant, peddler or solicitor. Formatted: Font color: Text 1, strikethrough 2. Name, address and telephone number of the vendor, if different from owner. 2. If applicable, the name, address, email, and telephone number of the company who employs or is represented by the vendor, transient merchant peddler or solicitor. Formatted: Font color: Text 1, strikethrough 3. Identification of the site or sites where the vendor, transient merchant peddler or solicitor Formatted: Font color: Text 1, strikethrough will operate. 4. Signed agreement with property owner terthat employees may use adjacent restroom facilities. 5. All applicable license fees for obtaining a vendor's license shall be paid in full at the time of application. Permit fees are non refundable. License fees shall be refundable only under 71 Page 146 of 284 the terms and conditions stated in Section 5.04.030.E or 5.04.040.B. (Refer to the City's fee schedule for annual license fees.) 6. A certificate of insurance is required for anyone operating on City property or in the rights -of -way. 7. A description of the display apparatus, structure, vehicle, cycle, or cart, if applicable, including photographs and/or scale drawings with construction plans and specifications of any vending apparatus to be used in the business for which the per-xtiLlicense application is filed. Include the license plate number and current registration of motor vehicles, if any. The description/drawings shall show: a. Dimensions of the structure, display apparatus, vehicle, cycle, or cart, and all attached signage. Include drawings or photographs of the proposed signage. b. Site plan to a scale of not less than one eighth inch equals one foot and showing: i. The complete perimeter of the property with dimensions. ii. All existing structures and dimensions. All distances from buildings and property lines. iv. Locations of all drives, parking areas, loading areas, and sign locations on the property. v. Landscaped areas with dimensions. vi. All easements impacting the property. vii. All parking for the host property and highlighting the parking for the vendor's e Formatted: Font color: Text 1, strikethrough transient merchant business. 72 Page 147 of 284 8. 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 the applicant proposesd that such business be conducted, together with the proposed hours of operations. 9. For applicants All vendors, peddlers, and solicitors proposing operation in residential zones; must provide a complete record of the applicant with respect to any disqualifying criminal conviction, plea of no contest, disqualifying pending criminal charge, or plea currently being held in abeyance, or a statement by the applicant that no such conviction or pending charge exists, attested to by the applicant, in addition to obtaining a comprehensive, criminal background check. See Section 5.64.110.B. below regarding disqualifying criminal convictions for residential zones. 10. All peddlers and solicitors, whether operating in commercial or residential zones, must provide a complete record with respect to any disqualifying criminal conviction, plea of no contest, disqualifying pending criminal charge, or plea currently being held in abeyance, or a statement by the applicant that no such conviction or pending charge exists, attested to by the applicant. See Section 5.64.110.C. below regarding disqualifying criminal convictions for peddlers and solicitors. 11. Except for food trucks as defined by U.C.A. 11-56-102, wWritten evidence of compliance from the zoning administrator that the use is allowed in the zoning district in which the applicant proposes to operate. 12. Proof of a Utah state sales tax certificate in the applicant's name or business name, if applicable, and compliance with all other applicable state and federal requirements for the particular business for which a permit license is requested. 12. Local vendor applicants must submit a copy of a current city business license or Grand County business license. 13. A description of the type of goods, wares, services or merchandise to be sold or offered for sale. 73 Page 148 of 284 14.Except for food trucks as defined by U.C.A. 11-56-102, a written sStatement of authorization from the property owner(s) of the location(s) where the applicant intends to conduct business. 15.If applicable, a statement of authorization from the special event sponsor if applicant intends to conduct business on the premises of aaecial business event, as defined by �Chaptcr 5.09 156. Payment of the applicable license applieatien-fee, at the time of submittal of the application. 167. 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 or beverages for sale. 178. A refuse and recycling plan explaining how refuse and recycling disposal will be dealt with on site, including written permission from the host property owner to use the host's refuse removal service, if applicable. 19.If the permittee, during any time of operation, wishes to modify the display apparatus in a way that varies from the drawing or photo submitted at the time of application, the permitter must obtain prior approval from the city of Moab. Failure to obtain prior approval for modification of any apparatus or any failure to provide a complete list of items to be offered for sale is a violation of the permit. 189. A written agreement between the private property owner and the vendor,* .... nsient-motel..., regarding parking, unless an exception is granted pursuant to Section 5.64.050.11.a. B. Applicants for a solicitor's license shall submit the general information specified in 74 Formatted: Font color: Text 1, Strikethrough Formatted: Font color: Text 1, Strikethrough Formatted: Font color: Text 1, Strikethrough Page 149 of 284 B. The applicant must verify By signing the application, the applicant is verifying that the condition, location, parking requirements and use of the structure, er-vehicle, cycle, cart, or display apparatus will comply with all City ordinances and other applicable codes. (Ord. 13-17 (part), 2013) 5.64.085 License renewal - Criminal convictions. A. Before each license renewal, all vendors, peddlers, and solicitors operating in residential zones must attest in writing that no disqualifying criminal convictions, pleas of no contest, pending criminal charges, or pleas in abeyance have occurred in the past year or since their last criminal background check. See Section 5.64.110.B. below regarding disqualifying criminal convictions. B. In addition, bBefore each license renewal all peddlers and solicitors operating in commercial and/or residential zones must attest in writing that no disqualifying criminal convictions, pleas of no contest, pending criminal charges, or plus in abeyance have occurred in the past year or since their last criminal background check. Sec Section 5.64.110.C. below regarding disqualifying criminal convictions. X. If a license subject to the requirements of this chapter -expires and is not renewed ..�,,:., Formatted: Underline, Font color: Text 1 by n,,gust , c t e. , nde Seel eFi 04 nzn , that license is automatically cancelled, and the licensee must apply for a new license, including obtaining a current criminal background check, if proposing operation in residential areas. 5.64.090 Licenses --Issuance. The City Treasurer and city recorder shall review the application for completeness for licenses under this chapter. A recommendation from city staff shall accompany the application to the Moab city council who shall determine if the application is satisfactory. After the Moab city council's approval, If approved -by-the the Treasurer, the rim Deeerde- will issue a theal vendor, transient merchant, peddler or solicitor license or peddler license, showing: A. The number of the license; B. The date of issuance; C. The nature of the business authorized to be ea -Fried -ea -conducted; ied^aconducted; 75 Formatted: Font color: Text 1, Strikethrough Page 150 of 284 D. The license fee paid; E. The location(s) of the business; F. The license term; and G. The company name(s) of the person(s) authorized to conduct business. (Ord. 13-17 (part), 2013) 5.64.100 Modification of license-displav apparatus, vehicle or structure. If the permittee-licensee, during any time of operation, wishes to modify the display apparatus, vehicle or structure in a way that varies from the drawing or photo submitted at the time of application, the pennittee-licensee must obtain prior approval from the Moab city council City Treasurer. Failure to obtain prior approval for modification of any display apparatus, vehicle or structure, or any failure to provide a complete list of items to be offered for sale is a violation of the permit license. (Ord. 13-17 (part), 2013) 5.64.110 Grounds for denial. A. A vendor, transient merchant, peddler, or solicitor license may be denied by the Meab city council City Treasurer based upon any of the criteria in Section 5.04.040. In addition, the Moab city council City Treasurer may base denial, in whole or in part, upon the existence of site - specific impacts of the proposed license which render it incompatible with neighboring uses, or a history of past violations or complaints. B. Residential Zones. For applicants proposing operation in residential zones, grounds for denial will include findings from a criminal background check, or from the attestation of a criminal record by the applicant, that include any of the following: 1. Listing of the person on the sex offender register registry or that the applicant is subject to an extended supervision order under the Serious Sex Offender Monitoring Act, at any time in the past; or 76 Formatted: Font color: Text 1, Strikethrough Page 151 of 284 2. Relevant Offenses against the Sex Offender Registration Act or the Serious Sex Offender Monitoring Act, at any time in the past; or 3. An applicant has been convicted of, pled no contest to, has a pending charge, or has a current plea in abeyance for a crime involving: The sale, distribution, or display of material harmful to minors; sexual performance by minors; contributing to the delinquent' of a minor; possession of child pornography; lewdness; obscenity; indecent exposure; public indecency; any crime involving sexual abuse or exploitation of a minor; sexual assault or aggravated sexual assault; rape; rape of a minor; object rape; object rape of a minor; forcible sodomy; sodomy on a minor; forcible sexual abuse; kidnapping; harboring a runaway minor; manslaughter; murder; or any attempt, conspiracy, or solicitation to commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction, regardless of the exact title of the offense, at any time in the past; or 4. An applicant has been convicted of, pled no contest to, has a pending charge, or has a current plea in abeyance for a crime involving: Any felony not listed in 5.64.110.B.3. above; arson; assault; robbery; burglary; theft; fraud; conversion; violations of consumer protection statutes; deceit; misrepresentation; false statements; dishonesty; extortion; larceny; forgery; false or bogus checks; prostitution; exploitation of prostitution; promotion of prostitution; solicitation of sex acts; sex acts for hire; compelling prostitution; aiding prostitution; incest; any crime of violence not involving a sex act; driving under the influence of alcohol or drugs; criminal contempt; or any attempt, conspiracy, or solicitation to commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction, regardless of the exact title of the offense, for which: a. Less than two (2) years have elapsed from the date of conviction, if the conviction is a misdemeanor, or less than five (5) years if the convictions are of two (2) or more misdemeanors within the five (5) years; or b. Less than five (5) years have elapsed from the date of conviction if the offense is a felony; or 5. Sale and/or delivery of drugs, or any violation under the Utah Controlled Substances Act or substantially similar state or federal statute if the conviction was within the past five years; or 77 Page 152 of 284 6. A history of consumer complaints against the applicant establishing unfair or dishonest trade practices, sales of shoddy, defective, or dangerous goods, or the like. 7. Any crime that when considered, by the Chief of Police, with the activities of a vendor, peddler, or solicitor, indicates that the best interests of the public are not served by granting the applicant a license. 8. The fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this Chapter. 3. Convictions and finding of guilt for serious sexual, serious violence and/or drug offenses. d. Pending charges for serious sexual, serious violence and/or drug offenses. 5. Sale and delivery of drugs if the conviction was within the past five years. (Ord. 13 17 (part), 2013) C, Peddlers and Solicitors. For applicants proposing peddling and soliciting in commercial and/or residential zones, grounds for denial will include findings from a criminal background check, or from the attestation of a criminal record by the applicant, that include any of the following: 1. An applicant has been convicted of, pled no contest to, has a pending charge, or has a current plea in abeyance for a crime involving: Fraud; deceit; misrepresentation; false statements; dishonesty; extortion; larceny; forgery; false or bogus checks; kidnapping; perjury; burglary; robbery; theft; conversion; violation of consumer protection statutes; or any attempt, conspiracy, or solicitation to commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction, regardless of the exact title of the offense, for which: 78 Page 153 of 284 a. Less than two (2) years have elapsed from the date of conviction, if the conviction is a misdemeanor, or less than five (5) years if the convictions are of two (2) or more misdemeanors within the five (5) years; or b. Less than five (5) years have elapsed from the date of conviction if the offense is a felony; or 2. A history of consumer complaints against the applicant establishing unfair or dishonest trade practices, sales of shoddy, defective, or dangerous goods, or the like. 3. Any crime that when considered, by the Chief of Police, with the activities of a peddler or solicitor, indicates that the best interests of the public are not served by granting the applicant a license. 4. The fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this Chapter. 5.64.120 Appeal of denial. An applicant denied a vendor4ransient merchant, peddler, or solicitor license by action of the _ Moab city council City Treasurer may appeal that decision to the district court by filing an action within thirty days of denial through the procedures outlined in Chapter 5.04.050. Exhaustion of administrative remedies and timely appeal shall be a jurisdictional prerequisite to judicial review. (Ord. 13-17 (part), 2013) 5.64.130 License --Display. A. Vendors. The vendor license issued under this chapter shall be posted conspicuously in the place or places of business named therein. (Ord. 13-17 (part), 2013) B. Transient merchants, Ppeddlers; and Ssolicitors. Every licensed transient merchant, peddler3 and solicitor shall possess and display upon demand a copy of its business license. 5.64.140 License --Fees. Formatted: Font color: Text 1, Strikethrough J Formatted: Font color: Text 1, Strikethrough Formatted: Font color: Text 1, Strikethrough 1J J Vendor, yansient merchant, peddler, and solicitor license fees shall be established pursuant to the Formatted: Font color: Text 1, Strikethrough procedures and criteria established in Section 5.04.020 and this chapter. The license fees 79 Page 154 of 284 imposed by this chapter shall be in addition to any other fees applicable to the particular business use imposed by the provisions of this Code. (Ord. 13-17 (part), 2013) 5.64.150 License --Nontransferable. Any license issued pursuant to this chapter is not transferable by the licensee. (Ord. 13-17 (part), 2013) 5.64.160 Li Rev ,,, do .- .... License revocation, grounds. Licenses under this chapter may be revoked by the Moab city council City ManagerTreasurer 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, or made on the application for a license or in the attestation to the licensee's criminal record; B. Any violation of the general or specific operating standards; C. Operation 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. 13-17 (part), 2013) D. Any criminal conviction, plea of no contest, pending charge, or plea in abeyance, of any disqualifying crime enumerated in Section 5.64.110. 5.64.170 License —Revocation —License revocation --Notice, right to cure, procedure. Notice of and the procedure for curing a Rrevocation of a license issued under this chapter shall be pursuant to the procedures and requirements specified in Section 5.04.090. (Ord. 13-17 (part), 2013) 5.64.180 License —Term and 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 reapply for a new license renew their license at the 80 Page 155 of 284 end of the specified term shall submit a renewal application form and license fee at least thirty days prior to expiration. All applications renewals shall be reviewed and approved for approval criteria by the Moab city council City Treasurer., as provided for initial license application described in Section 5.64.080. (Ord. 13 17 (part), 2013) Licenses are renewable under the terms stated in Section 5.04.060. ,5.64.190 0 Agent for service of process. ---{ Formatted: Font: Bold, Underline, Font color: Text 1 A. A condition upon the issuance of any transient merchant peddler; or solicitor license is ----[ Formatted: Font color: Text 1, strikethrough the irrevocable consent by the licensee to the nomination of the City RecorderTreasurer as its Formatted: Font color: Text 1, strikethrough agent for service of process for any claims derived from the licensee's business activities within the City. Additionally, the licensee 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 Treasurer be served with process for any licensed transient .---{ Formatted: Font color: Text 1, strikethrough i merchant, peddler.- or solicitor, a complete copy of the summons and complaint shall be mailed Formatted: Font color: Text 1, strikethrough by certified mail, return receipt requested, to the licensee's business address, as contained in the City records. The City Recorder Treasurer shall then notify the City Manager of the impending action and the nature of the complaint. (Ord. 03-05 (part), 2003) 81 Page 156 of 284 Chapter 5.67 NIGHTLY RENTAL LICENSES Sections: 5.67.010 Definitions. 5.67.020 Licenses — Required. 5.67.025 License fee. 5.67.030 Application. 5.67.040 Renewal — Term. 5.67.050 Grounds for denial. 5.67.060 Appeal of denial. 5.67.065 Assignment prohibited, application upon transfer. 5.67.070 License revocation, grounds. 5.67.080 Revocation procedure, right to cure. 5.67.090 Penalties. 5.67.100 General operating standards. 5.67.110 Management Standards. 5.67.010 Definitions. For purposes of this chapter: A. "Agent" means any legally authorized entity acting on behalf of a property owner, including but not limited to a property manager, a property management company, an executor of the owner's estate, or other legal fiduciary. B. "Nightly Rental" also called short-term rental, means: 1. The use, occupancy, rent or lease, for direct or indirect remuneration, of a structure or any portion thereof, constructed for single household or multi -household occupancy, or of any other residential property, or residential property within a commercial building, for a term of thirty consecutive days or less; 2. The commercial use, by any person, of residential property, or residential property within a commercial building, for hostel, hotel, inn, lodging, motel, resort or other transient lodging uses, where the term of occupancy, possession or tenancy of the property is for a term of thirty consecutive days or less. 82 Page 157 of 284 3. For the purposes of this section, "remuneration" means compensation, money, rent, or other bargained for consideration given in return for occupancy, possession or use of real property. 4. For purposes of this section, nightly rentals shall include bed and breakfasts. 5.67.020 Licenses — Required. A. No person shall operate or engage in any nightly rental activity within the City of Moab without first obtaining and maintaining a valid nightly rental business license as required by Chapter 5.04. B. Each owner of property within the City of Moab that is being used as a nightly rental must obtain a nightly rental license. An owner may allow his or her agent to apply for and obtain the nightly rental license, however, the license shall be in the property owner's name, and filed under the property owner's name in the City license records. C. Owners who own multiple nightly rental properties must obtain a separate license for each nightly rental fro-erty. Property managers and property management companies may not include multiple nightly rental properties in one license. D. If an owner of a nightly rental is using a D.B.A., that D.B.A. must be registered with the Utah Department of Commerce. E. The owner shall be the licensee, but the property manager or local representative, if applicable, shall be deemed the responsible party for purposes of operating standards and management standards. 5.67.025 License fee. 83 Page 158 of 284 1 1 A. From time to time the City Council may `y—fes '=n ien establish license fees for nightly .---[ Formatted: Font color: Text t, strikethrough rentals operating within the City limits. Fees shall be based on the total number of bedrooms in each nightly rental. 5.67.030 Application. A. The application for a nightly rental license shall include all of the items outlined in Chapter 5.04.030. The State sales tax ID number recorded must be obtained by and associated with the owner of the property being rented. B. The application shall also include written evidence of compliance from the zoning administrator that the use is allowed in the zoning district in which the applicant proposes to operate. C. The applicant must show that the facility meets minimum performance standards for off- street parking and landscaping as specified below in general operating standards. D. The applicant must provide plot plans and building or floor plans one -quarter inch to the foot showing the nightly rental, parking and landscaping. An inspection by the building inspector, fire chief and health department shall be required prior to issuance of a license and as often as necessary for enforcement of this chapter. The plans and the property itself must be approved by the building inspector, fire chief and health department prior to issuance of a license. 5.67.040 Renewal — Term. The license for a nightly rental property shall be renewed annually on July 1 if all the conditions required at the time of the initial approval remain unchanged. 5.67.050 Grounds for denial. 84 Page 159 of 284 An application for a nightly rental license may be denied for any of the grounds listed in Section 5.04.040, or for a failure to fulfill any of the application requirements. 5.67.060 Appeal of denial. An appeal of a denial of a nightly rental business license shall follow the appeals procedure specified in Section 5.04.050. 5.67.065 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 be assigned or transferred to another nightly rental property, whether owned by the named licensee or by another person or business entity. B. Upon the sale, conveyance, or transfer of a nightly rental property, the new owner or transferee shall, within ten business days of completion of the conveyance or sale, apply for a new nightly rental license, if he/she intends to operate a nightly rental on the premises. 5.67.070 License revocation, grounds. A nightly rental license may be revoked for any of the grounds listed in Section 5.04.080, or for a violation of any of the operating standards or management standards set forth below. 5.67.080 Revocation procedure, right to cure. The revocation procedure and appeal process shall follow the procedures outlined in Section 5.04.090. 5.67.090 Penalties. A. Any owner and/or property manager of a dwelling within the City of Moab who allows or permits occupation of said dwelling as a nightly rental, as defined herein, without having first 85 Page 160 of 284 obtained a business license in accordance with the provisions of this section shall be guilty of a Class A misdemeanor. The fine for a Class A misdemeanor shall be imposed for each day that the violation continued or continues to be committed. B. Any other violation of this Chapter may be punishable, at the election of the City, as a Class A misdemeanor, as defined under the Utah Code, or by civil action to enjoin or abate the violation. The fine for a Class A misdemeanor shall be imposed for each day that the violation continued or continues to be committed. 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. 5.67.100 General operating standards. Nightly rentals may be allowed where the applicant can show evidence of compliance with the standards and procedures outlined below, and where there is minimal impact on adjacent properties and neighborhoods. A. No license shall be granted for a nightly rental operation unless allowed as a land use in the underlying zoning district(s) in which it operates. B. The nightly rental must meet all applicable building, health and fire codes for the intended use. C. A maximum stay at a nightly rental by an individual or particular group shall not exceed thirty consecutive days. D. No nightly rental shall rent for compensation more than five bedrooms in any one property under one license. E. Maximum occupancy of any nightly rental shall be ten (10) persons at any one time. If, however, the property has a fire sprinkler system or other fire suppression system acceptable to the Moab Fire Chief, and the owner obtains written approval from the Fire Chief, a greater maximum occupancy may be approved by the City Treasurer. 86 Page 161 of 284 F. Each sleeping room must be equipped with smoke and CO (carbon monoxide) detectors. G. All nightly rental owners or property managers must collect and pay the applicable State transient room tax, State sales tax, City Resort Communities Sales Tax, City Municipal Transient Rooms Tax, and pay the City gross business license fee. H. Water and sewer impact fees for nightly rentals shall be calculated pursuant to Chapter 13.25 of the Moab Code. I. Water and sewer rates for nightly rentals shall be calculated according to the rate formulas contained in Chapter 13.24 of the Moab Code. J. The owner or property manager shall provide information on current or past occupants to police, emergency, or City personal as requested. The owner or property manager shall respond to complaints and concerns within one hour of any phone call or other notification. Failure of the owner or property manager to respond in a timely manner may result in a violation and possible fines to the owner and/or property manager, or revocation of the nightly rental license. 5.67.110 Management Standards for nightly rentals. A. Occupancy and noise. The owner of a nightly rental, or property manager, if applicable, is responsible for regulating the occupancy of the unit, and shall be responsible to ensure that guests or occupants of the nightly rental do not: 1. Create noises that by reason of time, nature, intensity or duration are out of character with noise customarily heard in the surrounding neighborhood; or 2. Disturb the peace of surrounding property residents or customers by engaging in shouting, fighting, playing loud music, racing cars or recreational vehicles on streets, engaging in outside recreational activities after 9 p.m., or other similar activities. 87 Page 162 of 284 B. The authorized lodging must be properly managed. As a condition to holding a valid license, the licensee agrees to provide or arrange for adequate property management services. The minimum services and management regulations required include: 1. Snow removal to a level that allows safe access to the building through the normal pedestrian and vehicle accesses to the unit; 2. Snow removal service to off-street parking facilities associated with the rental property so that off-street parking is at all times available for occupant use; 3. Yard maintenance, including landscaping, weed control, and irrigation; 4. Structural maintenance to preserve substantial code compliance; 5. Routine upkeep, including painting and repair; 6. Trash collection which ensures that trash cans are not left at the curb for any period in excess of twenty-four (24) hours; the property must be kept free from accumulated garbage and refuse. The City, at its discretion, may require nightly rental owners to obtain commercial refuse disposal service. 7. Parking. On -street parking for nightly rental uses shall not result in an obstruction to traffic and pedestrian circulation or public safety; 8. Commercial Uses Prohibited. Nightly rentals may not be used for commercial uses not otherwise permitted in the zone. Nightly rentals may not be converted to Corporate Sponsor or Business houses which are used primarily to distribute retail products or personal services to invitees for marketing or similar purposes, regardless of whether such products or services are charged for. 88 Page 163 of 284 Chapter 5.70 STREET PERFORMERS [This Chapter is repealed in its entirety and replaced with Chapter 4.12] 89 Page 164 of 284 Chapter 5.80 HOME OCCUPATION LICENSES Formatted: Font color: Text 1, Strikethrough Sections: 5.80.010 Purpose and Definitions. 5.80.0420 Home occupation permits licenses. 5.80.030 Application. 5.80.040 Fees. 5.80.050 General operating standards. 5.80.060 Prohibited home occupations and uses. 5.80.070 Enforcement and Revocation. 5.80.010 Purpose and Definitions. A. Purpose. This section is established to provide an opportunity for home occupations as an accessory use when they are compatible with the neighborhoods in which they are located. The intent is to safeguard the peace, quiet, and domestic tranquility within all residential neighborhoods, and to protect residents from the adverse effects of business uses such as noise, nuisance, traffic, fire hazards and other possible business uses that create a significant impact on a neighborhood. B. Definitions. 1. A home occupation is any use, occupation or activity, conducted entirely within a dwelling and/or accessory building, which is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the residential character of the dwelling or the surrounding neighborhood. 2. A home occupation may be allowed as an accessory use to a dwelling in the A-2, RA-1, R-1, R-2, R-3, R-4 and MH/RV-1 zones. 3. A home occupation shall not be construed to mean an employee working in his or her home in the service of an employer whose principal place of business is licensed at another location. 4. Notwithstanding anything herein to the contrary, a home occupation license is not required for: 90 Page 165 of 284 a. a business that is operated only occasionally by an individual who is under 18 years of age; or b. garage and yard sales, provided there are no more than two garage or yard sales at a residence per calendar year; or c. temporary social gatherings sales that do not exceed one day, such as Tupperware parties, candle parties, etc., not to exceed four occurrences per year. d. sales of farm produce, such as fresh fruit, vegetables, herbs, eggs, or grains, where such sales are conducted by persons who grow such items and sales are conducted on private property. 5.80.0120 Home occupation permits licenses. A. Business License Required. Prior to commencing the home occupation the applicant shall apply for and maintain for the duration of the use enterprise a business license, as specified in Chapter 5.04, from the City Manager. Upon the expiration or revocation of a business license pursuant to the procedures in Chapter 5.04, the home occupation permit shall automatically B. If the holder of the license relocates to another site, a new home occupation license is required. If a property changes ownership and it is desired by the new owner to continue the same home occupation, a new license is required. The license is not transferrable to anv individual or company other than the licensee. C. Any substantial change in the nature of the business use shall reiuire the existing licensee to apply for and obtain a new home occupation license specific to the new business use or expansion. D. Businesses that conduct off -site sales (e.g., processing orders by mail, telephone or interne through a home office) must apply for a home occupation license as established in this section. 91 Page 166 of 284 5.64.030 Application. A. The application shall contain the following information: name of applicant, address of home occupation, proposed activity, and a statement of assurance that the applicant shall comply with the requirements of this section. The City Manager may require other information from the applicant, based on the nature of the business proposed. B. If the applicant is not the owner of the building or lot on which the request for a home occupation is located, the application must include a notarized letter signed by the owner agreeing to the proposed home occupation. C. Before receiving a license, the home occupation applicant shall submit written evidence of administrative approval from the zoning administrator regarding parking, access, and traffic, and that the use is appropriate in the zoning district in which the applicant proposes to operate. D. A home childcare or preschool shall obtain written permission from surrounding neighbors before operating such home occupation. 1. Except as otherwise provided in this section, home occupation licenses may continue for the life of the use. The home occupation license is not transferable to future property owners, or from one location to another. cupations shall be defined as cessation of the use of the premises for the licensed business purpose for a period of not less than ninety consecutive days and shall result in the lapse of the home business license. G. Following approval of the application and the other documents, a home occupation license, including any written terms conditional to its approval, shall be issued by the City to the applicant. B. Appeals. Decisions by city staff may be appealed to the appeal authority. 1. Appeals must be submitted to the appeal authority within thirty days of written notice. 92 Page 167 of 284 H. Renewal. All home occupation licenses shall be valid for one year and may be renewed annually, provided there have been no reported violations, complaints or detrimental characteristics which may, in the opinion of the City Manager, require termination of the home occupation. I. Grounds for denial. The home occupation license may be denied for any of the grounds listed in Section 5.04.040, or if the use would emit excessive noise, noxious fumes, dust, smoke, or would otherwise impose excessive adverse impacts on neighboring properties, or if the proposed use is contrary in physical appearance, traffic, or incidental activities to the objectives and character of the zone in which it would be located, or if the use proposed is not merely an accessory use to the dwelling, but a primary use. An applicant denied a business license shall be given written notice of the action by City staff. J. Appeal of license denial. Appeals of license denials must be submitted under the procedures outlined in Section 5.04.050. 5.80.040. Fees. A. Fees shall be determined from time to time b re�y .elation-afthe City Council. B. A home occupation is exempt from the business license fee unless the combined offsite impact of the business, together with the primary residential use, is anticipated to or is shown to materially exceed the offsite impact of the primary residential use alone. The Code Compliance Officer, or other City employee as designated by the City Manager, shall determine the anticipation or existence of such impacts. C. The following home occupations have been determined to have a combined off -site impact that materially exceeds the off -site impact of the primary residential use alone. These home occupations shall meet all requirements of this Chapter by obtaining a license and paying the necessary fee. 1. In -home child or adult care businesses; 2. Pre-schools; 3. Businesses that require or attract more than five (5) vehicle trips per day, including but not limited to package delivery, client or customer visits, and employee trips; 93 Page 168 of 284 4. Any business that is required to have a fire inspection due to possible hazardous storage or activities; 5. Any home or property that requires any modification requiring a building permit to accommodate the business operations; 6. Any home occupation that creates a demand for City services, utility services, or community facilities, or that creates unusual amounts of waste, in excess of those services usually and customarily provided for residential uses; 7. Any home occupation where the combined offsite impact of the home occupation and the primary residential use materially exceeds the offsite impact of the primary residential use alone as determined by the City at its discretion after having inspected the home occupation in response to complaints from surrounding property owners. 5.80.050 General operating standards. A. All home occupations must comply with the standards and qualifications outlined in this Chapter. 1. Code Conformance. There shall be complete conformity with fire, building, plumbing, electrical and all other City, County, State and Federal Codes. 2. Area. The home occupation activity shall be conducted entirely within the home of the applicant or an enclosed garage if said structure is located on the premises of the applicant. The total permissible square footage to be used for the home occupation shall not exceed twenty-five percent (25%) of the total ground floor square footage of the house, or one room, whichever is greater. Where an accessory building or a screened rear yard is used, no more than twenty-five percent (25%) of the total ground floor square footage of the house or six hundred square feet in area, whichever is less, shall be devoted to the home occupation. 3. Yard. No home businesses are allowed to operate outside of an enclosed structure, unless otherwise approved by the City Manager for outside activities. The home occupation shall not involve the use of any yard space for storage or display of supplies, inventory, or equipment, unless specifically stored within trailers or accessory structures. Any screened area or accessory structure used for the home occupation must be located in either the side or rear yard areas. 94 Page 169 of 284 4. Internal or external alterations shall not be made to the dwelling or yard area that will change its residential character or the character of the neighborhood. 5. A home occupation shall not involve the installation of machinery or additional equipment other than that customary to normal household operations. 6. Signs. A person who engages in a home occupation shall not use advertisements, signs, window displays, or displays on or off the premises; provided, however, that this shall not be construed to regulate signage attached to vehicles. 7. A home occupation shall not involve or result in the presence of more than two customers or clients on the premises at one time. 8. A home occupation shall not generate loud or raucous noise, or utilize mechanical, electrical or other equipment or items that produce noise, electrical or magnetic interference, vibration, heat, glare, smoke, dust, odor or other nuisance outside the residential building. 9. A home occupation shall not involve the visible storage of equipment or materials, or the presence of highly explosive or combustible equipment. 10. At the discretion of staff and based upon site -specific considerations, home occupations may be permitted up to two employees who are not residents of the primary dwelling. 11. Vehicles and Traffic. a. A home occupation shall not generate more traffic than the typical or average dwelling unit in a residential zone, with the exception of child daycares and preschools. b. The home occupation shall not involve the use of commercial vehicles, other than a taxi, a shuttle, or a standard delivery vehicle for delivery of materials to or from the premises. Each licensee is permitted to use and park on the licensed premises one commercial vehicle that has a rated capacity not to exceed one ton. 95 Page 170 of 284 c. No heavy equipment, heavy machinery, or vehicle having a gross weight of two thousand (2,000) pounds (one ton) or more may be stored outside a residence in connection with a home occupation. d. Parking spaces shall be provided for the dwelling and the home occupation in accordance with the specifications in Section 17.09.220, off-street parking and loading. The licensee shall provide developed off-street parking for the commercial vehicle used in the business and all employee vehicles. This provision excludes stops made by delivery vehicles. e. The home occupation shall not occupy anv area required to satisfy off-street parking requirements. f. One trailer may be used in association with the home occupation, provided it meets the following criteria: i. An open or enclosed trailer with a body length of 20 feet or less, excluding the tongue. ii. Materials/equipment shall not be stored outside of the trailer. The trailer shall be parked in the side or rear yard, on an off-street parking area, or garaged on the property, and shall not be parked on the street in front of the house. If the home is located on a corner lot, the trailer shall not be stored on the side street of the house unless it is out of the required front yard setback. If the topography of the lot prohibits the parking of the trailer on the side or rear yard, the trailer must be stored off -site. iv. The trailer must be well -maintained, and must not present negative impacts for adjacent neighbors, including but not limited to: odors, dust, parking location, or driving visibility on the street. 123. Home Childcare Regulations. a. Any childcare operation conducted on property where the primary use is a residence must be a licensed family childcare provider in accordance with Utah Code Annotated 26-39-401 et. seq. 96 Page 171 of 284 b. A home childcare business shall be limited to not more than eight children including the provider's own children under the age of four. No more than two of the children may be under the age of two. c. A home childcare or preschool shall obtain written permission from surrounding neighbors before operating such home occupation. B. Businesses that engage in some form of manufacturing or production shall be reviewed on a case -by -case basis for compatibility with adjacent properties and the neighborhood. C. The City may place additional restrictions on a home occupation relating to hours of operation, parking, traffic or other matters as it deems necessary to mitigate impacts on the neighborhood and the City in general. D. The City retains the right to inspect any and all premises licensed for home occupation during reasonable hours to determine compliance with the provisions of this title. 5.80.060 Prohibited Home Occupations and Uses. A. The following business uses and activities are not incidental to or compatible with residential activities, and are therefore prohibited as home occupations: 1. Automotive and other vehicle repair or service (body or mechanical), storage, painting or upholstery, or the repair, reconditioning, servicing, or manufacture of any internal combustion or diesel engines, or of any motor vehicle, including automobiles, trucks, ATV's, or boats, but excluding small engines such as lawnmowers; 2. Boutiques, sample sales, or craft shows; 3. Contractor's storage yards; 4. Exercise or dance studios (not including one-on-one personal trainers); 5. Junk, dismantling, salvage or scrap yards; 6. Kennel or veterinary clinic; 7. Medical or health clinic; 8. Mortuary, crematorium, columbarium, or mausoleum; 9. Nursing home; 97 Page 172 of 284 10. Restaurant; 11. Retail sales of products to the public (except for off -site sales (e.g., processing orders by mail, telephone or internet through a home office, where there is no stock -in -trade on the site); 12. Sexually oriented businesses or adult entertainment activities; 13. Welding, ironworks, or machine shop operations; 14. Any uses which employ machinery or equipment that emits sound (e.g. saws, drills, musical instruments) that is detectable beyond the property; 15. Any uses which require explosives or highly combustible or toxic materials, or uses which change the fire safety of the premises, or uses which employ the storage of flammable, explosive, chemical, or hazardous materials beyond those normally associated with a residential use; 16. Any uses which create electrical, magnetic, radio, or television interference, dust, fumes, gas, glare, excess light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances as determined by the City Manager; 17. Any other uses the City Manager determines to be similar to those listed above, or which substantially and unreasonably interfere with the use and enjoyment of adjacent or nearby property or interferes with public peace and comfort. B. It shall be a violation of this Chapter if an existing home occupation licensee commits or practices any of the prohibited uses outlined above in the course of the licensee's home business activity. 5.80.070C. Enforcement and Revocation. A. Any person aggrieved by a violation or apparent violation of the provisions of this section may file a written complaint with the City Manager who shall investigate such complaint and take the appropriate action to have the violation penalized or removed, if such violation is found to exist. B. Revocation of license. Failure to meet any of the standards or rules contained in this Chapter, or a violation of any part of this Chapter, or a refusal or failure to abate any violation by the licensee, shall be unlawful and grounds for immediate revocation of the license. Home occupations that emit excessive noise, noxious fumes, dust, smoke, or which otherwise impose excessive adverse impacts on neighboring properties may be subject to revocation. Upon revocation of the license, the operation of the home occupation must immediately cease. 98 Page 173 of 284 C4. Enforcement. 1. Prior to instituting any revocation or enforcement action for violations of the license or this code, the City shall deliver written notice of the violation to the licensee. The licensee shall have a period of not less than thirty days in which to abate or correct the violation, which period may be extended by the planning commission City Manager, upon a showing of good cause by the licensee. 2. Any violation not corrected within the abatement period may be subject to, at the option of the City, administrative, civil, and criminal enforcement. The City may commence a civil action to enjoin or abate any violation of this section. In any civil enforcement action, the City shall be entitled to obtain injunctive relief upon a showing of violation(s) of this section or the applicable home occupation license. The court may also assess civil penalties of a sum not to exceed one thousand dollars per violation. The City shall be entitled to recover its reasonable attorney fees and court costs in any action in which a violation of this section is established. 3. fly In addition to a civil action, violations of this section are punishable as a Class B misdemeanor, as defined by Utah statute. ensec that refuses or fails to abate any violation of the license or this section may be subject to a business license revocation, as provided by Chapter 5.01. 43.Persons operating a business subject to this section without the required home occupation license, or in violation of Chapter 5.04, are subject to all remedies and penalties specified in this section. 56. Any license or approval granted, in whole or in part, as a result of false, inaccurate or misleading information supplied by the applicant or its agent shall confer no vested right upon the applicant, and may be subject to revocation following delivery of written notice to the applicant explaining the basis for the action. Any aggrieved party may appeal such revocation to the appeal authority by delivering notice of appeal within ten days of the notice of revocation. 99 Page 174 of 284 6. Exhaustion of administrative remedies shall be a jurisdictional prerequisite to seeking judicial review. 100 Page 175 of 284 Moab City Council Agenda Item Meeting Date: July 25, 2018 Title: Moab City Code Title 5: Business Licenses and Regulations Overhaul Date Submitted: July 17, 2018 Presenters: Chantel Lindsay, Tara Collins, David Everitt Attachments: - Proposed Ordinance - Proposed Title 5 code changes - clean copy - Proposed Title 5 code changes - legislative copy - Proposed new Title 4 - clean copy Possible Motion: I move to set the public hearing date for Ordinance 2018-XX, "An Ordinance Modifying Business Licensing, Special Event Permitting, and Street Performer Permitting Processes and Requirements" on August 14, 2018, at approximately 7:10 PM. Background/Summary: The sections of Moab City Code pertaining to business licensing have been long overdue for a major revision. Periodic state legislative changes, particularly as they relate to alcohol and food trucks, have resulted in the City's code being outdated and out of compliance with state law. The City hired a consultant to work through the needed changes, and staff have also spent significant time evaluating the process for obtaining a business license. Here are major changes proposed: - Move special event and street performer permitting into its own Title 4 (those are not licenses per se) - Adjusts and clarifies some provisions pertaining to special events, such as timeframes for application, alcohol regulations, and fee waivers - Change food truck requirements to comport with state law - Change home occupation procedures to comport with state law and repeal Chapter 17.09.540 (move standards of operation etc. into the Title 5) - Update alcohol licensing provisions to comport with state law - Simplifies and clarifies some definitions (e.g., removing "transient merchant" and adding "miscellaneous merchant") - Strengthens requirements for nightly rental business licenses — each property owner must now have their own business license, as opposed to having a property management company hold the license - Clarifying administrative responsibilities: Treasurer is the primary administrator of licenses, and the City Manager is the appeals officer for most license -related appeals (City Council is still final appeal of a revoked license) 1 Page 176 of 284 7-2 New Business Concurrent with these proposed changes, the City hired a consultant to engage in a fee justification study for business licenses. Once both the code changes and the fee changes are complete, staff will revise the relevant forms and procedures to match. 2 Page 177 of 284 7-2 New Business TITLE 4 SPECIAL EVENT AND STREET PERFORMER PERMITS Chapters: 4.01 Purpose. 4.02 Definitions. 4.03 Special event permits required --application and review procedure. 4.07 Serving alcohol at special events. 4.09 Concurrent event applications. 4.11 Special event application denials, revocations, and appeals. 4.12 Street performers. 4.13 Fees. 4.15 Sales tax collection by applicant or vendors. 4.17 Civil or criminal enforcement. 4.19 Special event permit renewal. Page 178 of 284 7-2 New Business Chapter 4.01 PURPOSE The purpose of this Title is to establish clear procedures through which a proposed special event or street performance may be permitted within the City of Moab. Special events are an integral component of the economy and sense of identity of Moab. Special events frequently impact businesses, neighborhoods, and normal day-to-day municipal functions, which is why the City sets forth below specific procedures and requirements to mitigate those impacts while ensuring a safe and successful event or street performance. Page 179 of 284 7-2 New Business Chapter 4.02 DEFINITIONS The following definitions apply to this Title: "Applicant" means the person, persons, or entity submitting an application under this chapter and who is responsible for the conduct of the event. The applicant signs the special event permit application and all other documents relevant to the event. The applicant is legally responsible for compliance with all terms of an issued permit. "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. "Debriefing" means a meeting held by the Special Events Review Committee (SERC) within thirty (30) business days of the close of the event. Attendance/participation of the applicant at this meeting is mandatory. "Fees" means all charges assessed by the City of Moab for permitting, staffing, equipment use/rental, property use/rental, set-up, clean-up, inspections, public labor charges, or public equipment rental charges assessed to a special event and established within the event permitting process. See Section 4.15. "Mass gatherings" are defined by Rule 392-400 of the Utah Administrative Code. Applicants must contact the Southeastern Utah District Health Department for information about mass gathering permits and food handling permits to the extent otherwise required by Utah law. "Nonprofit organization" means an organization that qualifies for tax-exempt status according to the U.S. Treasury under Section 501(c)(3) of the Internal Revenue Code, which is created and operated to benefit the public interest and which includes a charitable, educational, scientific, religious, recreational, or artistic purpose. "Permittee" means the applicant holding a valid permit under this chapter. "Private event" means an event which is: (1) closed to the general public; (2) held entirely on private property for which such events are a permitted use under Title 17, or City property for which a permit has been obtained; (3) does not require installation of temporary water, power, cooking, sanitation, or waste management facilities; and (4) does not adversely impact City personnel, services, or facilities. Private events shall not in any case be defined to include any event to which the public is invited, whether by advertisement or otherwise, or events where an admission fee is charged. Private events are not regulated by this chapter except where specifically noted; however, the Moab police department may take enforcement action in the event of a nuisance, breach of the peace, noise violation, or the like. Page 180 of 284 7-2 New Business "Public event" shall be defined to mean any gathering which is open to all persons, which is advertised as open to the general public, or which is open to all persons who purchase admission. "Performance" shall be defined to include, but not be limited to, the following activities: playing music, singing, dancing, pantomiming, puppetteering, juggling, fire -spinning, reciting, etc. Performance does not include providing personal services. "Special event" means a sporting, cultural, entertainment, commercial, or similar gathering, whether held for profit or on a nonprofit basis, occurring for a limited or fixed duration, not to exceed fifteen consecutive days, and which is likely to attract a large number of participants or spectators. By way of illustration, and not of limitation, special events subject to this chapter include: concerts, fairs, rallies, athletic events, or temporary sales events. Special events are further defined as follows: Level I Event. Events expected to be attended by not more than two hundred people per day and which include one or more of the following: Partial or rolling street closure of City right-of-ways, including streets, sidewalks, and/or pathways; Vendor sales or concessions; Amplified sound; or An entrance fee or ticket charge for the event. Level II Event. Events expected to be attended by more than two hundred people per day and which may include one or more of the following: Full public street closure of City right-of-ways; Vendor sales or concessions; Amplified sound; or An entrance fee or ticket charge for the event. "Special Events Review Committee (SERC)" means a committee made up of representatives from City departments including, but not limited to, police, parks, public works, and representatives from the Southeastern Utah Health Department, Moab Valley Fire Protection District, and a County special events representative. The special events coordinator or his/her designee shall be the chair of this committee. "Special events coordinator" means the City employee who administers the provisions of this chapter. "Speech event" means an activity conducted primarily for the expression of political, social, religious, cultural or other constitutionally protected speech. Speech events may include rallies, picketing, protesting, marching, demonstrating, or debating matters of public concern on any City street or other property. Speech events do not include events held in furtherance of a business or commercial purpose. "Street closure" means the deliberate blockage of any public street or City owned parking facility to prohibit the flow of traffic or access of vehicles. Page 181 of 284 r 7-2 New Business "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. "Substantial change" means changes to an existing special event that cause the need for a different review level or cause the need for review by the City Council. These changes include, but are not limited to: increased need for street closures; increased need for police support; a change in duration; an increase in anticipated attendance; or the addition of vendor sales or concessions. "Vendor" means a person selling food, beverages, souvenirs, or other merchandise at a special event. The term "vendor" does not include the sale of memberships in an organization which is the special event applicant. "Venue" means the location or locations where a special event is held, including all ingress/egress routes, parking, and necessary facilities for the event. Page 182 of 284 7-2 New Business Chapter 4.03 SPECIAL EVENT PERMITS REQUIRED --APPLICATION AND REVIEW PROCEDURE Sections: 4.03.010 4.03.020 4.03.030 Permits required. Permit exceptions. Application and review procedure. 4.03.010 Permits required. Any person wishing to hold a special event shall first obtain a permit under this chapter. It is unlawful for any person to hold a special event without obtaining a special event permit. All permits issued pursuant to this chapter are non -transferable and expire on the date specified. 4.03.020 Permit exceptions. A. The following activities are exempt from this chapter: 1. Funeral processions by a licensed mortuary; 2. Activities lawfully conducted by a governmental agency; 3. Filming activities authorized by another type of permit; 4. Private events as defined in Section 4.09.010(G); or 5. Speech events that do not meet the definitions of a Level I or Level II event. 4.03.030 Application and review procedure. A. All requests for special event permit(s) shall be made on a special event application prescribed by the City. The applicant shall submit the permit fee with the completed application. Application materials are available at City Hall and online at the City of Moab website, and must be completed and submitted to the special event coordinator according to the guidelines below unless otherwise approved by the special event coordinator upon a showing of good cause: 1. Not less than ninety days prior to the scheduled opening of any Level I or Level II event; or 2. Not less than seven days prior to a speech event. Page 183 of 284 7-2 New Business 3. Level II events may apply no earlier than one year prior to the requested date of the event. B. All event applications will be reviewed to determine if the applicant has provided sufficient plans (including proof of financial responsibility and other licenses), equipment, personnel, and facilities to provide for the safe and orderly conduct of the event without imposing an unreasonable burden on public services, other businesses, or adjacent residents. Depending on the type and size of the event, the special event coordinator may require the applicant to submit additional documentation prior to review by SERC, which may include: 1. Proof of financial responsibility, which may include damage deposit(s), a performance bond, and/or liability insurance sufficient to cover anticipated risks; 2. A transportation and traffic control plan showing parking, ingress/egress routes, pedestrian access, and emergency access; 3. A staffing and security plan, which shall identify and describe numbers and types of security personnel, emergency medical services (EMS) and/or fire personnel, other staff, support facilities, and the like; 4. A facilities plan showing power, lighting, public address, stage, restrooms, waste disposal, water facilities, vending, and other facilities needed for the event; 5. Proof that the applicant has obtained (or will obtain by the date of the event) any other applicable governmental permits or licenses needed for the event, including, but not limited to: sales tax licenses, alcohol licenses, access permits, and/or food service permits from the Southeastern Utah Health Department; and 6. If applicable, a statement of authorization from the special event sponsor identifying all vendors intending to conduct business on the premises of the special event. 7. Any other information deemed necessary by staff for review of the event. C. Upon receipt of a complete special event permit application and the permit fee, the special events coordinator shall schedule the application for review by the SERC. The SERC shall review and shall have the authority to administratively approve, approve with conditions, or deny the following applications: 1. Level I applications and renewals; and 2. Level II applications for renewals with no substantial changes from the previous year's event. D. Where an application is not subject to approval by the SERC, it shall review the matter and provide an advisory recommendation to the City Council. E. The City Council shall review and approve, approve with conditions, or deny the following applications: Page 184 of 284 7-2 New Business 1. Applications for new Level II events; as used herein, a "new Level II event" shall mean any Level II event being proposed for the first time; 2. An event renewal of a Level I event that now qualifies as a Level II event; 3. Level II event permit renewals where material elements of the event have substantially changed from the previous application; and 4. A Level II event which was not renewed for a period exceeding one year. F. The special events coordinator shall promptly notify the applicant of the SERC recommendation to council and of the date the application will be scheduled before the City Council. The application shall be heard at a duly noticed public meeting. The City Council shall review the application for compliance with the standards set forth in this chapter. G. Conditions which may be required as part of the approval of an event permit may include, but are not limited to: (1) restrictions on duration or hours of operation; (2) restrictions on total attendance; (3) limitations on vending or alcohol sales; (4) limitations on parking, participant transportation, ingress/egress; (5) limitations as to noise, dust, glare, or sound amplification; (6) security, EMS, or other public safety measures; (7) insurance, damage deposits, or other financial guarantees; (8) other measures which may reasonably provide for public health, safety, and welfare in connection with an event. H. For purposes of this chapter, a special event permit is not deemed granted until the special event coordinator certifies in writing that all conditions of approval required prior to the event date have been satisfied. I. A special event permit issued under this chapter is specific to the permittee, and may not be assigned. Any purported assignment shall result in the permit being deemed void. Page 185 of 284 7-2 New Business Chapter 4.07 SERVING ALCOHOL AT SPECIAL EVENTS Sections: 4.07.020 Alcohol at public spaces. 4.07.030 Application. 4.07.040 Operational restrictions. 4.07.020 Alcohol at public spaces. A. Public Events at City -owned facilities. The serving, consumption, and sale of alcoholic beverages at public events held at City -owned facilities, including parks, public streets, and sidewalks, may be permitted by the City Manager on a case -by -case basis as part of the special event permitting process. 1. Serving of alcohol shall be limited to the hours of ten a.m. until nine p.m. during the event. 2. Areas designated for the serving of alcoholic beverages must be located at least one hundred feet away from designated playgrounds, the skate park, and similar facilities. B. Private events at the MARC. 1. City staff is authorized to approve private events at the MARC where alcohol may be served. a. Sponsors of private events at the MARC must: i. Pay the applicable rental fee, as established from time to time by the City Council, and execute a public facility use agreement indemnifying and holding the City harmless from all liability associated with the serving and consumption of alcohol at the event; and ii. Comply with applicable laws governing the consumption and distribution of alcohol. b. All events at the MARC, public or private, shall be concluded by eleven p.m. C. Public Events at County Facilities. The serving, consumption, and sale of alcoholic beverages to the public at facilities owned by Grand County within the City may be permitted by the City Manager provided each of the following conditions are met: 1. The event sponsor obtains approval from Grand County; 2. The event sponsor obtains the applicable state of Utah single event permit or temporary special event beer permit after receiving the written local consent of the City Manager, and abides by all terms and conditions of the state of Utah permit; Page 186 of 284 F 7-2 New Business 3. The event sponsor obtains the applicable City of Moab alcohol licenses; and 4. The event sponsor obtains the applicable special event license. D. The applicable decision maker for any event authorized under this section shall be authorized to attach such other and additional terms and conditions upon the use and occupancy of public facilities as may be deemed necessary and appropriate, depending upon the nature of the event planned. These additional terms may include, but shall not be limited to: 1. Special limitations as to hours of operation; 2. Limits on the occupancy or total numbers of guests; 3. Security requirements; 4. Parking limitations; 5. Limits on the areas to be occupied by the event; and 6. Any conditions reasonably related to the safety of event participants, and the safety and peace of the general public. 4.07.030 Application. Applicants who desire to serve alcohol at a special event must obtain written local consent from the City Manager and a state license under the Utah Alcoholic Beverage Control Act, however, the rules laid out in Moab Code sections 5.20.225, 5.20.655, and 5.20.660 shall also continue to apply to all special events serving alcohol. Concurrent with the application for local consent to serve alcohol at a special event, the applicant shall apply for a special event license, as provided under the City Code, all of which may be processed together by the City. A. Contents of application for local consent. In addition to the application requirements set forth in Section 5.20.200, an application for local consent for a special event -with alcohol shall include the following: 1. The times, dates, location, nature and a description of the event. 2. A description or scaled floor plan designating: a. The sites from which the applicant proposes that alcoholic beverages be sold or served, including all dispensing points. Dispensing points include storage areas, booths, tables, bars and other areas set apart for the sale of alcoholic beverages; and b. The areas in which the applicant proposes that alcoholic beverages be allowed to be consumed.; 3. A statement of the purpose of the association or entity conducting the event; 4. A signed consent form authorizing law enforcement officers or City code enforcement officials an unrestricted right to enter the premises during the event for purposes of monitoring compliance with all license terms and City ordinances; and Page 187 of 284 F 7-2 New Business 5. An application fee, which sum shall be refundable in the event that the local consent is not granted. B. Application fee, denial of local consent, or conditions attached to local consent. 1. Application fees for -local consent for a special event serving alcohol shall be established by the City Council from time to time. 2. The City Manager shall review an application for local consent to serve alcohol at a special event, and may approve the application as submitted, deny the application, or approve the application subject to conditions. Those conditions may include, but are not limited to: a. Restrictions upon the dates of operation, hours of operation or location; b. Parking, traffic control, security, sanitary facilities or similar public safety conditions; and/or c. Insurance, liability protection, or similar financial guarantees. 3. The City reserves the right to revoke local consent at any time, even after the applicant has received a license to serve alcohol from the State of Utah. 4.07.040 Operational restrictions. A. All persons involved in the sale or serving of alcoholic beverages at the event shall do so only under the supervision and direction of the licensee. The licensee shall be solely responsible for compliance with all applicable terms of the license, City ordinances, and the Utah Alcoholic Beverage Control Act. B. No beer or other alcoholic beverage shall be brought by persons other than the licensee onto the premises of the event C. Alcohol purchased for the event may not be stored in any place other than that described in the application for local consent and designated on the state permit. D. Alcohol purchased for the event may not be sold or served in any place other than the sites described in the application for local consent and designated on the state permit. E. Alcohol purchased for the event may not be consumed in any area other than that described in the application for local consent and designated on the state permit. F. Local consent for serving alcohol at a special event is not transferable, whether to another person, or another location. G. Local consent shall be approved for a specific event scheduled on a date or dates certain and shall be valid for a period not to exceed five consecutive days. H. No more than two consents for special events with alcohol shall be granted in any calendar year to any applicant. Page 188 of 284 7-2 New Business I. No sale of beer shall exceed a sixteen ounce serving. J. Minors shall not be permitted to serve or dispense alcoholic beverages, nor shall they be permitted to consume or purchase alcoholic beverages at the event. K. Alcoholic beverages shall be sold on a per serving basis; "all you can drink" or similar events where beer is served without limitation upon paying a fixed price are prohibited. L. Licensees shall properly train all event personnel on all operational restrictions, and shall assure that alcoholic beverages are not served to obviously intoxicated persons. M. The licensee shall provide adequate event security, given the nature of the event and the expected number of event patrons. N. No event sponsor or other person shall charge an admission fee or otherwise charge a price for alcoholic beverages served and consumed in any public place, except in conformity with the provisions of this Title and Title 5.20. Violation of this subsection is a strict liability offense and shall be punishable as a Class C misdemeanor. Page 189 of 284 7-2 New Business Chapter 4.09 CONCURRENT EVENT APPLICATIONS Complete applications will be reviewed in the order that they are received. If it is found that another event has already been approved for the dates requested in a pending application, the applicant will be notified and given the opportunity to change the event dates so as not to overlap with any other event. If no date change is selected, the decision to allow multiple events on the same dates will be made by the SERC or the City Council, as applicable. The determination will be based upon the following considerations: Whether the events will adversely impact one another or create unreasonable burdens on the public health, safety, or welfare; The geographic separation of the events; The proposed time and duration of the special events; Anticipated attendance volumes; The demands upon public safety personnel, equipment, and/or transportation services; and Anticipated traffic and parking impacts of the events. Page 190 of 284 7-2 New Business Chapter 4.11 SPECIAL EVENT APPLICATION DENIALS, REVOCATIONS, AND APPEALS Sections: 4.11.020 4.11.030 4.11.040 Special event application denial. Permit revocation. Appeal procedure. 4.11.020 Special event application denial. A. The SERC or City Council, as applicable, may deny a special event application whenever the following apply: 1. Any grounds stated in Section 5.04.040; 2. The event presents significant or unacceptable adverse impacts upon the community, other businesses, or residents, which cannot reasonably be mitigated; 3. The event will pose an unreasonable burden on police, fire, EMS, public roads, or other essential public services so as to compromise services to other City residents; 4. The event will substantially interfere with any other event for which a permit has already been granted or with the provision of City services in support of other such events; 5. The applicant fails to provide the required documentation with the application or provides false or misleading statements in the application or supporting materials; 6. The applicant demonstrates an inability or unwillingness to conduct the event in conformity with the permit or the provisions of this chapter, or past events sponsored by the applicant or permittee have not been carried out in conformity with approved permits or this chapter; 7. The applicant has not obtained necessary licenses or permits from other governmental agencies required for the operation of the event; or 8. The applicant has not provided necessary proof of financial responsibility. 4.11.030 Permit revocation. A. A permit issued under this chapter may be revoked for any of the following reasons: 1. Failure by the permittee to comply with City permit conditions, other permit or license conditions, or the provisions of this chapter; Page 191 of 284 7-2 New Business 2. Failure by the permittee to comply with other City ordinances or Utah laws; 3. Any violations- of the Utah Beverage Control Act; 4. False, inaccurate, or misleading statements by the applicant or permittee in the application for a permit under this chapter, or in any supporting documentation; or 5. A serious breach of the peace, riot, or significant unlawful activity occurring within or adjacent to the event venue and/or involving event participants, the permittee, its agents, or employees. B. The City shall deliver written notice of revocation to the permittee for the causes identified in subsections (A)(1) through (4) of this section. The permittee may appeal any such revocation as provided under this chapter. C. Any City enforcement officer may enter the premises of any event permitted under this section at any time to determine compliance with all applicable laws and conditions. Any law enforcement officer who reasonably believes that an event is out of compliance with applicable laws and conditions shall have the authority to curtail or terminate the event. 4.11.040 Appeal procedure. A. Any special event applicant adversely affected by a permitting decision under this chapter may appeal as provided in this section. B. Appeals of decisions by the special events coordinator, SERC, or the City Council shall be appealed to the appeal authority by delivering written notice to the City no later than seven calendar days from the date of the decision or order which is the subject of the appeal. The appeal authority shall promptly hold a hearing, and any appeal authority decision shall be final. C. In any appeal proceeding, the appeal authority shall only overturn the decision that is the subject of the appeal if it is found to be arbitrary, capricious, or unlawful. Page 192 of 284 7-2 New Business Chapter 4.12 STREET PERFORMERS Sections: 4.12.020 Rules and Regulations. 4.12.030 Performance permit --Application. 4.12.040 Permit --Issuance. 4.12.050 Grounds for denial. 4.12.060 Permit --Display. 4.12.070 Permit --Nontransferable. 4.12.080 Permit --Fees. 4.12.020 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 conducting 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. 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. Page 193 of 284 7-2 New Business 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 in 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, whips, lassos, drones or other potentially dangerous objects or involves acrobatics, tumbling, unicycling, breakdancing, stilts, trampolines, pogosticks, karate, human pyramids, or other potentially dangerous activity. 4.12.030 Performance permit --Application. A street performer requiring a permit must complete and file with the City a performance permit application on a form approved by the City. A street performance with multiple performers need only obtain one permit. The applicant must provide the following information: A. The names, addresses and contact information for all individuals performing under the permit. B. 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. C. A detailed description of the nature of the act to be performed, including props, music, structures used, and any advertising methods. D. The proposed location and time, dates, and duration of the performance(s). E. If within ten feet of or on private property, a statement of authorization from the affected property owner(s). Page 194 of 284 7-2 New Business 4.12.040 Permit --Issuance. Upon review of a performance permit under this chapter, the City Manager will determine if the application is satisfactory. The City Manager may consider the health, safety and welfare of the public and the performer(s) when determining if the application is satisfactory. The City Manager may place conditions on the issuance of the permit relative to the time, location and manner of the performance. After City Manager's approval, the City Treasurer 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. 4.12.050 Grounds for denial. A performance permit may be denied if the proposed performance is deemed to be a significant threat to public health, safety and welfare. 4.12.060 Permit --Display. The permit issued under this chapter shall be kept on or about the persons authorized to perform under the permit. 4.12.070 Permit --Nontransferable. Any permit issued pursuant to this chapter is not transferable by the permittee. Page 195 of 284 7-2 New Business Chapter 4.13 FEES Sections: 4.13.020 Permit fees. 4.13.030 Service fees. 4.13.040 Deposit. 4.13.050 Waiver of fees. 4.13.020 Permit fees. A. All fees associated with special events and street performers shall be set according to the fee schedule established by the City Council. B. If applicable, a park rental fee is due with the permit application. 4.13.030 Service Fees. The City may require payment of a City service fee to cover the cost for additional City services arising from a event. Additional City services include, but are not limited to, labor costs for City personnel, rental costs for the use of City equipment, and other direct costs for the use of City facilities and/or City utilities. The City service fee shall be estimated on a case by case basis, and shall be paid in full at the time of application. Additional charges may be assessed to the permittee after the event has ended. 4.13.040 Deposit. The City may require any applicant to post a cash deposit or other security approved by the City Attorney to cover all estimated contingent costs prior to the issuance of a Level II special event permit, as a guarantee against fees, damages, clean-up, or loss to public property. The City may retain any such deposit to cover applicable fees, damages, clean-up costs, or repairs to public property or facilities. The unexpended balance of any deposit shall be promptly returned to the applicant no later than thirty days from the conclusion of the event. 4.13.050 Waiver of fees. E. The City may waive fees related to special events only in the case of an application for a speech event. Page 196 of 284 7-2 New Business Chapter 4.15 SALES TAX COLLECTION BY APPLICANT OR VENDORS Unless exempted by Utah law, an applicant for a special event that includes vendor sales or concessions shall either: Provide proof that all vendors have a Utah State sales tax identification number and agree to be responsible for direct remittance of all sales tax proceeds from the event to the state; or Provide proof that the applicant has a valid Utah State sales tax identification number and that it will require all vendors to execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the applicant for remittance to the state under the applicant's sales tax identification number. The City shall be authorized to audit the applicant or otherwise verify that all sales tax remittances are paid. Page 197 of 284 7-2 New Business Chapter 4.17 CIVIL OR CRIMINAL ENFORCEMENT A knowing violation of this chapter or any permit issued under this chapter by the applicant or permittee may be punishable, at the election of the City, as a Class B misdemeanor, as defined under the Moab Municipal Code or Utah statutes. Alternately, the City may proceed to obtain civil injunctive or declaratory relief to halt or abate any violation of this chapter or any permit issued under this chapter. Proof of a violation shall be sufficient to obtain an injunction, which shall be issued without the requirement of bond. In addition to any other relief, in any civil enforcement action the City may recover its reasonable attorney fees and court costs against the applicant, permittee, or other person who may be in violation of this chapter. Page 198 of 284 7-2 New Business Chapter 4.19 SPECIAL EVENT PERMIT RENEWAL Permittees who successfully complete a special event under the provisions of this chapter and who wish to have the event on an annual or periodic basis can request renewal during the debriefing meeting. Permittees who do not attend the debriefing meeting will not be given priority for renewal. If a positive recommendation is given by the SERC, the permittee's dates for the next event will be reserved and the application for renewal may be submitted. Event levels for renewals will be determined through the renewal process based on evidence of attendance and the needs of the event. An application for renewal may be subject to denial if the event resulted in significant negative impacts, violations of the permit, or other violations as documented by the SERC. A person denied a renewal may appeal that decision as provided by this section 4.11.040 of this Title. Page 199 of 284 7-2 New Business Title 5 BUSINESS LICENSES AND REGULATIONS Chapters: 5.04 Business Licenses Generally 5.20 Alcoholic Beverages 5.21 Regulating the Retail Sale of Tobacco Products 5.32 Pawnbrokers, Secondhand Dealers and Junk Dealers 5.60 Franchises 5.64 Vendor, Peddler, Solicitor, and Miscellaneous Merchant Business Licenses 5.67 Nightly Rental Licenses 5.80 Home Occupation Licenses 1 Page 200 of 284 7-2 New Business Chapter 5.04 BUSINESS LICENSES GENERALLY Sections: 5.04.010 Business license required. 5.04.015 License compliance. 5.04.020 Business license fee. 5.04.030 Application. 5.04.040 Grounds for denial. 5.04.050 Appeal of license denial. 5.04.060 License term, renewal, display, change of address. 5.04.070 Assignment prohibited, application upon transfer. 5.04.080 License revocation, grounds. 5.04.090 Revocation procedure, right to cure. 5.04.100 Collection action. 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 possess a valid Grand County business license shall be exempt from further licensure by the City for the business, provided Grand County shall continue to similarly exempt City licensees doing business in Grand County from further licensure, and provided that a copy of such County license is provided to the City by the licensee. B. The term "business" shall be defined as the making, offering, buying or selling 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, and/or by civil action to enjoin or abate the violation. Proof of a violation of this section shall be sufficient to obtain an injunction. In the 2 Page 201 of 284 7-2 New Business event of civil enforcement, the City may recover its reasonable attorney fees and court costs against the violator. 5.04.015 License compliance. No license shall be issued by an official or employee vested with the duty and authority to issue licenses that would not be in conformance with the provisions of this title. Any license so issued shall be null and void. 5.04.020 Business license fee. A. From time to time the City Council will adopt an ordinance updating business license fees for businesses operating within the City limits. Fees shall be categorized for each class of business. B. Fees shall be calculated, to the extent possible, to proportionately recoup costs for City services, regulatory costs, and staff time. Additional fees over the base business license fee are authorized for particular businesses generating disproportionate impacts upon City services. 1. "City services" subject to consideration in establishing 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, stormwater 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. 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, and/or by civil action to enjoin or abate the 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. 5.04.030 Application. A. Persons wishing to obtain a business license shall submit an application with the City Treasurer's office containing the following: 3 Page 202 of 284 7-2 New Business 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 State sales tax license number of the applicant (if applicable) within thirty days of application; and 5. Any other information deemed necessary by the Treasurer's office to process the application, including but without limitation, information concerning municipal code compliance, zoning compliance 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 any other state, federal, or City licensure requirements. 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 and all supplemental information requested by the Treasurer's office is provided by the applicant, 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 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 Treasurer 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 fifty percent 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 in 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; 4 Page 203 of 284 7-2 New Business 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. An applicant denied a business license of any type shall be given written notice of the action from the City Treasurer. An aggrieved applicant may appeal a license denial to the City Manager by fling 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 Manager shall hear the appeal no later than fifteen business days from the date of the appeal notice. The City Manager 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 fifty percent 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, fines, or unremitted sales taxes 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 thirty days of the renewal date are subject to a fifteen percent late charge in addition to the total fee payable. Failure to pay all applicable license fees, together with late fees by August 15 of each year, shall result in automatic cancellation of the license. 5 Page 204 of 284 7-2 New Business 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. The following shall be grounds for business license revocation: 1. False, inaccurate, or misleading statements made by the applicant in the application for a business license, or in any supporting documentation; 2. Municipal code violations, including but without limitation, zoning, sign, building, health, or fire code provisions, by the licensee or the owner of the business location which are unabated within the allotted time period under Section 5.04.090, 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; 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; or 7. Any violation of the Utah Alcoholic Beverage Control Act. 6 Page 205 of 284 7-2 New Business 5.04.090 Revocation procedure, right to cure. A. Prior to revocation, the City Treasurer 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 and the City Treasurer shall be permitted to offer any evidence or testimony in support of each 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. Page 206 of 284 7-2 New Business Chapter 5.08 TRANSIENT MERCHANTS [This Chapter is repealed in its entirety.] s Page 207 of 284 7-2 New Business Chapter 5.09 SPECIAL EVENT PERMITS [This Chapter is repealed in its entirety and replaced by proposed MMC Title 4.] 9 Page 208 of 284 7-2 New Business Chapter 5.14 LOCAL VENDORS, PEDDLERS AND SOLICITORS [This Chapter is repealed in its entirety and replaced by proposed MMC Chapter 5.64.] 10 Page 209 of 284 7-2 New Business Chapter 5.20 ALCOHOLIC BEVERAGES' Sections: ARTICLE I. DEFINITIONS 5.20.010 Scope. 5.20.020 Alcoholic beverages. 5.20.030 Beer. 5.20.031 Beer Retailer. 5.20.032 Beer Wholesaler. 5.20.035 Community location. 5.20.040 Licensed premises. 5.20.050 Liquor. 5.20.060 Nuisance. 5.20.070 Place of business. 5.20.075 Premises. 5.20.080 Restaurant. 5.20.090 Retailer. 5.20.100 Sell or to sell. ARTICLE II. LICENSES & LOCAL CONSENT 5.20.115 Alcoholic beverage sales regulated. 5.20.120 Wholesale sale of beer. 5.20.130 Retail sale of alcoholic beverages. 5.20.140 Purchase of -alcoholic beverages for resale. 5.20.150 Alcohol license classification and local consent --Generally. 5.20.180 Off -Premise beer retail license. 5.20.200 Application --Generally. 5.20.210 Application --Police department referral. 5.20.220 Application --Health department referral. 5.20.230 Expiration. 5.20.240 Forfeiture. 5.20.250 Fees. 5.20.270 Refusal. 5.20.280 Revocation. 5.20.290 Suspension. 5.20.300 Sublease, transfer or assignment prohibited. 5.20.310 Operation to conform with law. 5.20.320 Name change. 5.20.325 Violation — Penalty. ARTICLE III. GENERAL REGULATIONS 5.20.340 Sale to intoxicated person prohibited. 5.20.345 Unlawful to permit intoxicated persons on licensed premises. 5.20.350 Supplying to minors prohibited. 11 Page 210 of 284 7-2 New Business 5.20.355 5.20.360 5.20.370 5.20.380 5.20.400 5.20.410 5.20.420 5.20.430 5.20.440 5.20.500 5.20.010 Scope. Possession of alcoholic beverages prohibited by minors --Exception. Consumption of alcohol in public places. City -Sponsored Public Events. Nuisance prohibited. Minimum light and open view required in licensed premises. Adulterated alcoholic beverage. Consumption prohibited in unlicensed premises. Supply to person whose permit is suspended. Supply to prohibited persons. Inspection of premises. ARTICLE I. DEFINITIONS The words and phrases used in this chapter shall have the meaning specified in the State Alcoholic Beverage Control Act unless a different meaning is clearly evident or specified. 5.20.020 Alcoholic beverages. "Alcoholic beverages" means and includes "beer" and "liquor" as they are defined herein. 5.20.030 Beer. "Beer," "light beer," "malt liquor," or "malt beverages" means all products that contain at least 0.5% alcohol by volume, but not more than 4% alcohol by volume or 3.2% by weight, and are obtained by fermentation, infusion, or decoction of any malted grain. 5.20.031 Beer Retailer. "Retailer" means any person engaged in the sale or distribution of beer to the consumer. 5.20.032 Beer Wholesaler. "Beer Wholesaler" means any person other than a brewer or retailer engaged in importation for sale or in the sale of beer in wholesale or jobbing quantities. 12 Page 211 of 284 7-2 New Business 5.20.035 Community location. A "community location" means: A. A public or private school; B. A place of worship; C. A public library; D. A public playground; or E. A public park. 5.20.040 Licensed premises. "Licensed premises" means any room, house, building, structure or place occupied by any person licensed to sell or to allow the consumption of alcoholic beverages on such premises under this title. Multiple beer or liquor dispensing facilities located in one building and owned or leased by one licensed applicant shall be deemed to be only one licensed premises; provided, that each dispensing point must be designated and the appropriate fee(s) paid and the license prominently displayed at each dispensing point. 5.20.050 Liquor. "Liquor" means alcohol, or any alcoholic, spirituous, fermented, malt or other liquid or a combination of liquids, a part of which is spirituous, or fermented, and all other drinks or drinkable liquids, containing at least 0.5% alcohol by volume; "Liquor" includes wine and heavy beer, which is defined as beer that contains more than 4% of alcohol by volume or 3.2% by weight. "Liquor" shall not include "beer" as defined in Section 5.20.030. 5.20.060 Nuisance. "Nuisance" means any room, house, building, structure, place or licensed premises, where: A. Alcoholic beverages are manufactured, sold, kept, bartered, stored, given away or used contrary to the Alcoholic Beverage Control Act of Utah or this chapter, or where persons resort for drinking alcoholic beverages contrary to the Alcoholic Beverage Control Act of Utah or this chapter; or B. Intoxicated persons are permitted to loiter about, or profanity, indecent, immoral, loud or boisterous language or immoral or lewd conduct is permitted, or carried on; or 13 Page 212 of 284 7-2 New Business C. Persons under the age of twenty-one are permitted to purchase or drink alcoholic beverages; or D. Laws or ordinances are violated by a licensee or its agents or patrons with the consent or knowledge of licensee upon such premises which tend to affect the public health, peace or morals; or E. Any sign is displayed which is obnoxious, gaudy, blatant or offensive. 5.20.070 Place of business. A. "Place of business," as used in connection with the issuance of an alcoholic beverage sales license shall be deemed to include cafes, restaurants, public dining rooms, cafeterias, taverns, cabarets and any other place where the general public is invited or admitted for business purposes, and shall also be deemed to include private clubs, corporations and associations operating under charter or otherwise wherein only members and their guests are invited. Occupied hotel and motel rooms that are not open to the public shall not be deemed to be places of business as herein defined. B. A "place of business" shall not be defined to include City -owned facilities, including parks, where such facility is used and occupied pursuant to a special event use license and alcoholic beverages are served in accordance with the license and all applicable City regulations, codes, and state statutes. 5.20.075 Premises. "Premises" means any building, enclosure, room, equipment or other designated areas used in connection with the sale, storage, service, manufacture, distribution or consumption of alcoholic products, unless otherwise defined in this chapter or in the rules adopted by the Alcoholic Beverage Control Commission. 5.20.080 Restaurant. "Restaurant," means any business establishment where a variety of foods are prepared and complete meals are served to the general public, located on a premises having adequate culinary fixtures for food preparation and dining accommodations, and that is engaged primarily in serving meals to the general public. 5.20.100 Sell or offer for sale. 14 Page 213 of 284 7-2 New Business "Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, agent, or as staff, unless otherwise defined in U.C.A. Title 32B, the Alcoholic Beverage Control Act. ARTICLE II. LICENSES AND LOCAL CONSENT 5.20.115 Alcoholic beverage sales regulated. The City of Moab regulates the sales and commercial serving of alcoholic beverages in accordance with all applicable sections of Utah Code Annotated, Title 32B, unless a provision of this Chapter specifies a distinct procedure or parameter. 5.20.120 Wholesale sale of beer. It is unlawful for any person to engage in the business of selling beer at wholesale within the limits of the City without first obtaining a license therefor from the Alcoholic Beverage Control Commission of Utah. 5.20.130 Retail sale of alcoholic beverages. It is unlawful for any person to engage in the business of retail sales of alcoholic beverages within the corporate limits of the City without first having procured a license from the Alcoholic Beverage Control Commission of Utah. A separate state license shall be required for each place of sale and the license itself shall identify the specific premises covered thereby and such license shall at all times be conspicuously displayed in the place to which it shall refer or for which it shall be issued. All licensees shall comply with the provisions of the Alcoholic Beverage Control Act of Utah and the regulations of the Alcoholic Beverage Control Commission and this chapter. 5.20.140 Purchase of alcoholic beverages for resale. It is unlawful for any licensee to purchase or acquire or to have or possess for the purpose of sale or distribution any alcoholic beverages except that which he or she shall have lawfully purchased from a brewer, wholesaler, or retail outlet licensed under the provisions of the Alcoholic Beverage Control Act of Utah. 15 Page 214 of 284 7-2 New Business 5.20.150 Retail Alcohol license classification and local consent --Generally. A. Any person who, at the time of applying for a business license, intends to operate a restaurant, bar, or special event where alcoholic beverages are sold for on -premise consumption, shall disclose that information on the application under this title. B. As provided by state statute, all potential licensees shall obtain written local consent from the City Manager before applying for an alcohol license from the State of Utah. Applicants subject to this section shall obtain and maintain a current valid Alcoholic Beverage license from the State of Utah, and shall comply with the procedures and standards contained in this title and in the Utah Alcoholic Beverage Control Act. C. Retail licenses shall be classified in accordance with the categories enumerated in the Utah Alcoholic Beverage Control Act, and shall carry the privileges and responsibilities hereinafter set forth in this chapter and in Utah state law. D. Nothing in this section or in section 5.20 shall be construed to supersede or waive any provision of the Utah Alcoholic Beverage Control Act, or to permit the distribution of alcoholic beverages other than as provided in the Utah Alcoholic Beverage Control Act. E. Issuance of a business license under this title shall not constitute "local consent" as defined by Title 32B 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. Business licensees who later wish to obtain an alcoholic beverage license shall obtain the necessary local consent and alcoholic beverage license, as provided by City Code and state law. 5.20.200 Application --Generally. All applications for local consent or licenses, for renewal or reissuance of local consent or licenses and for transfer of local consent or licenses authorized by this chapter shall be verified and filed with the City Manager, who, after determination of local consent, shall file the same with the City Treasurer. The application shall state the applicant's name in full and that he or she has complied with the requirements and possesses the qualifications specified in the Alcoholic Beverage Control Act of Utah. If the applicant is a copartnership, the names and addresses of all partners, and if a corporation, the names and addresses of all officers and directors must be stated. If the business is to be operated by a person other than the applicant, such operator must join in the application and file the same information required of an applicant. It shall be grounds for revocation of the local consent or license for any business required to be licensed by this chapter, to be operated by any person who has not filed his or her operator's information at the time or renewal for the license, or, if operation is assumed during the license period, at least ten days prior to assuming operation of the business. 16 Page 215 of 284 7-2 New Business The application and operator's information must be subscribed by the applicant and operator who shall state under oath that the information contained therein is true. The City shall adhere to the State of Utah's requirements regarding the proximity between community locations and establishments selling or serving alcohol as codified in U.C.A. 32B-1-202. 5.20.210 Application --Police department referral. The application for such local consent or license, together with such information and certificate as is required by the City Manager to be attached thereto, shall be referred to the City Chief of Police for inspection and report. The Chief of Police shall, as soon as possible, after receiving such application, make a report to the City Manager relative to the granting or denying of such application. Upon receipt of the report, the City Manager shall act upon the application as it shall deem fair, just and proper in regard to granting or denying the same. 5.20.220 Application --Health department referral. All applications for local consent filed in accordance with this chapter shall be referred to the health department who shall inspect the premises to be licensed to assure sanitary compliance with the laws of the state, the ordinances of the City and the rules and regulations of the health department. If the premises and all equipment used in the storage, distribution, or sale of alcohol fulfills all such sanitary requirements, the health depaitinent shall issue a permit to the licensee, a copy of which shall be attached to the application for local consent. 5.20.230 Expiration. If the grantee of local consent to sell or serve alcohol is no longer currently and actively operating a business to sell alcohol, such local consent shall expire within 45 days of the cessation of the grantee's alcohol sales. 5.20.240 Forfeiture. If any licensee, licensed to do business under the provisions of this chapter, sells his or her place of business, together with the entire assets of the business, the local consent granted by the City shall expire and be forfeited. 5.20.250 Fees. 17 Page 216 of 284 7-2 New Business Fees for applications for local consent shall be adopted by City Council. 5.20.270 Refusal. The City Manager may, with or without a hearing at its discretion, when in its opinion it is necessary for the protection of public peace or morals, refuse to grant any license or local consent applied for, at any time and in no such case need any cause be stated. 5.20.280 Revocation. Licenses or local consent may be suspended or revoked by the City Manager for the violation on the licensed premises of any provision of this chapter or of any other applicable ordinance or law relating to alcoholic beverages, or if the licensed premises is used for the commission of any illegal act or activity by any person, or if the person to whom the state license was issued no longer possesses the qualifications required by this chapter and the statutes of the state. The City reserves the right to revoke local consent at any time, even after an alcohol license has been granted by the State of Utah. Upon the revocation of local consent, such licensee must immediately cease selling or serving alcohol. 5.20.290 Suspension. All licenses or local consent issued pursuant to this chapter may be suspended by the City Manager without a prior hearing. Immediately following any suspension order issued without a prior hearing, notice shall be given such licensee, advising of the licensee's right to a prompt hearing, to be held within seventy-two hours of the suspension, and listing the cause or causes for such suspension. If a cause for the suspension is established at the hearing, the suspension order may be continued for up to one year in duration. However, no license or local consent shall be revoked or suspended beyond the initial hearing without first establishing cause thereof, nor shall any license be revoked without first giving the licensee an opportunity for a hearing on the causes specified for revocation. It is unlawful for any person to sell alcoholic beverages at licensed premises during the period of suspension of a license or local consent. 5.20.300 Sublease, transfer or assignment prohibited. No license or local consent may be transferred, assigned, or subleased in any manner, whether to another person or business entity, or to another location. Any violations of this section shall be grounds for revocation of the license or local consent, or refusal to renew or issue the license or local consent. Any fees paid by the licensee to the City for local consent or a license shall be forfeited to the City. 18 Page 217 of 284 7-2 New Business 5.20.310 Operation to conform with law. The licensee shall be responsible for the operation of the business in conformance with City ordinances, and it shall be grounds for revocation of the license or local consent if a violation of such ordinance occurs through an act of a licensee, operator, employee, agent, or by a person who is allowed to perform for patrons of the licensee's business, whether or not such person is paid by the licensee for such performance. 5.20.320 Name change. The licensee shall not change the name of the business establishment until he or she has given written notice to the City ten days prior to the name change, and has paid a ten dollar name change fee. 5.20.325 Violation --Penalty. Any person who shall engage in the business of retail selling of alcoholic beverages within the corporate limits of the City without having an appropriate state license therefor, or whose license has been revoked, suspended or canceled, or who shall violate any of the terms, clauses or conditions of this article shall be guilty of a Class B misdemeanor. ARTICLE III. GENERAL REGULATIONS 5.20.340 Sale to intoxicated person prohibited. It is unlawful and constitutes an offense of strict liability for any person to sell an alcoholic beverage to any intoxicated person or to any person under the influence of a controlled substance. 5.20.345 Unlawful to permit intoxicated persons on licensed premises. It is unlawful and constitutes an offense of strict liability for any person licensed to sell alcoholic beverages or for any of his or her agents or employees to allow intoxicated persons to enter or remain in any licensed premises. 19 Page 218 of 284 7-2 New Business 5.20.350 Supplying to minors prohibited. It is unlawful for alcoholic beverages to be given, sold or otherwise supplied to any person under the age of twenty-one years, but this shall not apply to the supplying of liquor to such person for medicinal purposes only by the parent or guardian of such person or to the administering of liquor to such person by a physician in accordance with the provisions of this chapter and U.C.A Title 32B. 5.20.355 Possession of alcoholic beverages prohibited to minors --Exception. It is unlawful and constitutes an offense of strict liability for any person under the age of twenty-one years of age to purchase, accept or have in his or her possession an alcoholic beverage, including beer or intoxicating liquor; provided, however, that this section shall not apply to the acceptance of alcoholic beverages by such person for medicinal purposes supplied only by the parent or guardian of such person or the administering of such alcoholic beverage by a physician in accordance with the law; provided further, that the provision of the section prohibiting possession of beer shall not apply to persons under twenty-one years of age who are bona fide employees in an off -premise beer retail establishment while in the discharge of their employment therein or thereabouts. 5.20.360 Consumption of alcohol in public places. No person shall consume, serve, or distribute alcoholic beverages in a public street, sidewalk, alley, building, park, or facility, except in conformity with the provisions of this Titlesection. Violation of this section is a strict liability offense punishable as a Class C misdemeanor. 5.20.370 Alcohol at City -sponsored public events. The City may hold public events where alcohol is served. Where the City does so, it shall contract with a separate alcohol vendor, who shall procure the necessary alcohol event license and the liability insurance as required by Title 4. The alcohol vendor shall be the event sponsor for purposes of all alcohol -related compliance under this section. If the City holds the event it has discretion to waive or modify the other requirements of Title 4. 5.20.380 Nuisance prohibited. It is unlawful and constitutes an offense of strict liability for any person to keep or maintain a nuisance as the same is defined in this chapter. 20 Page 219 of 284 7-2 New Business 5.20.410 Adulterated alcoholic beverage. It is unlawful for any person to mix or permit or cause to be mixed with any alcoholic beverage offered for sale, sold or supplied by him or her as a beverage, any drug or any form of methylic alcohol or any crude, unrectified or impure form of ethylic alcohol or any other deleterious substance or liquid. 5.20.420 Consumption prohibited in unlicensed premises. It is unlawful for any person to consume liquor in an unlicensed place of business as provided herein. 5.20.430 Supply to person whose license is suspended or revoked. It is unlawful for any person to procure or supply or assist directly or indirectly in procuring or supplying liquor for or to any persons whose license is suspended, cancelled, or revoked. 5.20.440 Supply to prohibited persons. It is unlawful, except in the case of liquor supplied upon the prescription of a physician, or administered by a physician or dentist, or health care facility in accordance with state statute, for any person to procure for, sell, or give any alcohol, to an insane or interdicted person, nor directly or indirectly assist in procuring or supplying any liquor to any such person. 5.20.500 Inspection of premises. All licensed premises shall be subject to inspection by any police officer or by any member of the City Council or any officer or agent of the Alcoholic Beverage Control Commission or of the state health departments, and every licensee shall, at the request of the health department, furnish to it, samples of beer which such licensee shall have for sale. ' For State Alcoholic Beverage Act, see U.C.A. Title 32B. 21 Page 220 of 284 7-2 New Business Chapter 5.21 REGULATING THE RETAIL SALE OF TOBACCO PRODUCTS Sections: 5.21.010 Tobacco product sales regulated. 5.21.010 Tobacco product sales regulated. The city of Moab will regulate the retail sale of tobacco products in accordance with all applicable, enacted sections of Utah Code Annotated. 22 Page 221 of 284 7-2 New Business Chapter 5.32 PAWNBROKERS, SECONDHAND DEALERS AND JUNK DEALERS Sections: 5.32.010 Definitions. 5.32.020 Records to be kept -- Availability to peace officers. 5.32.040 Articles kept — Term. 5.32.060 License --Revocation. 5.32.010 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings below respectively ascribed to them: A. "Junk collector" means a person not having a fixed place of business in the City who goes from house to house and from place to place gathering, collecting, buying, selling or otherwise dealing in any ags, sacks, bottles, cans, papers, metal or other articles commonly known as junk. B. "Junk dealer" means a person having a fixed place of business within the City and engaged in, conducting, managing or carrying on the business of buying, selling or otherwise dealing in, either at wholesale or retail, rags, sacks, bottles, cans, papers, metal or other articles commonly known as junk. C. "Pawnbroker" means a person engaged in, conducting, managing or carrying on the business of pawnbroking, or the business of loaning money for himself or for any other person, receiving as security for the repayment thereof pawns or pledges of personal property, or the business of purchasing personal property and reselling or agreeing to resell such article to customers or merchants, their personal representatives or their assignees at prices agreed upon at or before the time of such purchase, whether such business is the principal or sole business so carried on, or is merely incidental to, in connection with or a branch or department of some other business. D. "Pawnshop" means any room, store or place in which pawnbroking is engaged in, carried on or conducted. E. "Secondhand dealer" means a person engaged in, conducting, managing or carrying on the business of buying, selling or otherwise dealing in previously privately -owned secondhand goods, wares, merchandise or articles, whether such business is the principal or sole business so carried on, or is merely incidental to or in connection with a branch or department of some other business. 23 Page 222 of 284 7-2 New Business 5.32.020 Records to be kept -- Availability to peace officers. Pawnbrokers and secondhand dealers shall keep records containing a description of all articles received by them, the amounts paid therefor or advanced thereon, a general description of the person from whom received, together with his or her name and address and the date of the transaction. Such records shall at all reasonable times be accessible to any peace officer who demands an inspection thereof, and any further information regarding such transactions that the peace officer may require shall be given by pawnbrokers and secondhand dealers to the best of their ability. 5.32.040 Articles kept — Term. No pawnbroker or secondhand dealer shall deface, alter, change, destroy, conceal, give away, sell or dispose of any goods, wares, merchandise or article before and until one week after the dealer has acquired the article. 5.32.060 License --Revocation. Any license of a pawnbroker, secondhand dealer, junk dealer or junk collector may be revoked by the City Council for any violation of this chapter. 24 Page 223 of 284 7-2 New Business Chapter 5.60 FRANCHISES Sections: 5.60.010 Application --Fee. 5.60.020 Assignability. 5.60.030 Forfeiture of rights upon unlawful assignment. 5.60.010 Application --Fee. Whenever applications shall be made to the City Council for a franchise or grant of special privileges, or for an extension or renewal of any existing franchise or grant of special privileges, the applicant shall furnish to the City Recorder, for the use of the City Council, twelve copies of the proposed resolution or ordinance, and pay into the city treasury a fee of twenty-five dollars. 5.60.020 Assignability. All franchises and grants of special privileges shall be non -assignable without the express permission of the City Council, whether such limitation is set forth in the body of the franchise or grant or not. All assignments of franchises and special grants shall be in writing, and a copy thereof filed in the office of the City Recorder before any such assignment or transfer will be recognized by the City. 5.60.030 Forfeiture of rights upon unlawful assignment. Any attempted assignment or transfer of a franchise or special privilege not made in accordance with the provisions of this chapter shall operate as a forfeiture of all the rights of the grantee therein given. 25 Page 224 of 284 7-2 New Business Chapter 5.64 VENDOR, PEDDLER, SOLICITOR, AND MISCELLANEOUS MERCHANT BUSINESS LICENSES Sections: 5.64.010 Definitions. 5.64.020 Licenses --Required. 5.64.030 Exemptions. 5.64.040 License fees. 5.64.050 General operating standards. 5.64.060 Specific operating standards. 5.64.070 Prohibited practices. 5.64.080 Application. 5.64.085 License renewal — Criminal convictions. 5.64.090 Licenses --Issuance. 5.64.100 Modification of display apparatus, vehicle or structure. 5.64.110 Grounds for denial. 5.64.120 Appeal of denial. 5.64.130 License --Display. 5.64.140 License --Fees. 5.64.150 License--Non-transferable. 5.64.160 License revocation, grounds. 5.64.170 License revocation --Notice, right to cure, procedure. 5.64.180 License --Term and renewal. 5.64.190 Agent for service of process. 5.64.010 Definitions. For purposes of this chapter: A. "Accoutrements" means additional items added for flavoring such as, but not limited to, seasonings, mustard, ketchup, and mayonnaise. B. "Cart" means a small mobile cart or wagon that occupies a temporary location on a sidewalk or private property and is a humanly propelled wheeled vehicle that may contain food or other items for sale. C. "Display apparatus" means a non -permanent structure such as a table, stand, wagon, tray, cart, canopy, tents with three sides open or other displays for the sale of goods, merchandise, food, wares or services. Teepees shall be allowed if 75% of the sides are open and the interior is visible, from outside the teepee, to at least 7 vertical feet from the ground. D. "Farm produce" means fresh fruit, vegetables, herbs, eggs, or grains. 26 Page 225 of 284 7-2 New Business E. "Miscellaneous merchant" means any licensee conducting business that does not meet the criteria of a peddler, solicitor, or vendor as defined in this chapter. F. "Month" means a period of thirty consecutive days regardless of the calendar month. G. "Non -motorized trail system" means a paved or unpaved government -constructed trail or path that is intended solely for pedestrian, bicycle or equestrian use. H. "Peddler" means any person who goes from house to house or business to business, carrying food, goods, wares, or merchandise and selling or offering the same for sale. Peddlers seek out customers and are only stopped while engaged in a business transaction. They are not stopped or parked waiting for customers to come to them. Peddler shall not include persons going door to door requesting contributions or offering goods for sale for fund-raising purposes, by volunteer representatives of qualified charitable organizations or schools. A qualified charitable organization is a nonprofit organization that qualifies for tax-exempt status according to the U.S. Treasury under Section 501(c)(3) of the Internal Revenue Code. I. "School sponsored event" means an activity or sale that generates money that is collected or paid to the school district or individual public school. The event must be overseen or sponsored by the school district, an individual public or private school, or a school group or club. J. "Solicitor" means any person who goes from house to house or business to business, not carrying goods, wares, or merchandise, but taking orders for future delivery of goods, wares, merchandise, subscriptions, or services. A solicitor may also conduct sales by means of telephone solicitation, direct mail, email, or internet offers. Solicitor shall not include persons going door to door requesting contributions or offering goods for sale for fund-raising purposes, by volunteer representatives of qualified charitable organizations or schools, nor shall it include persons carrying out petitioning activity or serving political candidates or causes. A qualified charitable organization is a nonprofit organization that qualifies for tax-exempt status according to the U.S. Treasury under Section 501(c)(3) of the Internal Revenue Code. K. "Stationary mobile cart" means a cart having functional wheels and an axle that occupies one temporary location for a specified period of time. L. "Vehicle" means a motorized vehicle used for displaying, storing or transporting of articles offered for sale by a vendor, peddler or solicitor and is currently licensed and registered by the Department of Motor Vehicles. M. "Vendor" means any person, firm, or corporation engaged in the business of selling food, goods, services, wares, or merchandise from a vehicle, trailer, cart, human -powered cycle, backpack, basket, or other display apparatus within the City, and who, in furtherance of such purpose, leases, uses, or occupies any street, sidewalk, or private property. The term "vendor" includes: 1. Street vendors; 2. Sidewalk vendors; and 27 Page 226 of 284 7-2 New Business 3. Private property vendors. N. "Vendor, food" means any street vendor, sidewalk vendor, or private property vendor that sells foodstuffs, edibles, beverages, ice cream, confectionery or other edible products upon any public street, road, alley, curb or sidewalk, or on private property. O. "Vendor, limited" means a vendor who legally conducts business within the City limits for a specified period of time not to exceed twenty-nine days. P. "Vendor, long-term" means a vendor who legally engages in business within the City limits for a renewable term of one to twelve months. Q. "Vendor, private property" means any business that exhibits, displays, offers for sale or sells any food, beverages, goods, wares or merchandise from a cart, fixed cart, stationary mobile cart, display apparatus, trailer, or vehicle located in a described location on private property. Merchandise may be displayed on display apparatus as defined above. R. "Vendor, sidewalk" means any person who sells or offers for sale from temporary locations for limited durations on any public sidewalk (excluding City parks and Mill Creek Parkway) any goods, wares, merchandise, services, food or beverages from a cart or by foot from a pack, basket or similar container, or handheld display. S. "Vendor, street" means any person travelling by vehicle, human powered cycle, or other street -legal conveyance on public or private streets and who carries, conveys, or transports food, beverages, goods, wares or merchandise and offers them for sale. 5.64.020 Licenses --Required. A. All vendors, peddlers, and solicitors, and anyone using vending display apparatus to engage in business within the City, shall first obtain a business license as required by Chapter 5.04. B. Each individual peddler or solicitor going door to door, or the company that employs them, must obtain a business license in his, her, or its name. Each individual peddler or solicitor must obtain a background check prior to conducting business in a residential area. C. Applicant shall apply to the Moab City Treasurer's office and shall submit all information and fees required by Chapter 5.04 and Sections 5.64.040 and 5.64.080 for the specific type of vendor, peddler, or solicitor. 5.64.030 Exemptions. A. This chapter shall not apply to school and City recreation sponsored sales or events, or to City contracted sales or events. 28 Page 227 of 284 7-2 New Business B. Vendors who conduct sales at a special event as defined by Title 4 are exempt from the provisions of this chapter, provided the responsible organization which holds the special event permit lists the vendor on an approved vendor list and the organization satisfies all City license and sales tax requirements as specified in Title 4. C. 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 general public shall be exempt from the provisions of this chapter. D. This chapter shall not apply to sales of farm produce, as defined above, where such sales are conducted by persons who grow such items and sales are conducted on private property. E. Temporary displays by a permanent business, as described in Section 5.64.060(E), are exempt from obtaining a separate license for the temporary display, however, they must adhere to the requirements outlined in Section 5.64.060(E). 5.64.040 License fees. License fees shall be determined by the Moab City Council. 5.64.050 General operating standards. A. The following requirements must be met by all vendors. 1. Code compliance. Display apparatus, vehicles, and structures must meet all applicable building, health and fire codes for the intended use. Display apparatus, vehicles, and structures require approval by the City Treasurer and locations of display apparatus, vehicles, and structures are limited to commercial zones unless otherwise permitted by the City Treasurer. 2. Illegal Camping. It is illegal for any vendor to camp on the selling site, in accordance with Chapter 8.20 and Section 10.04.230. 3. Refuse and Recycling. Vendors are strongly encouraged to recycle. Vendors shall provide their own refuse/recycling containers and in no case shall City street receptacles be used for on -site vendor refuse and recycling. a. All refuse and recycling containers shall be removed and securely stored at the close of each business day. b. Every container shall have a cover. c. Pickup of refuse/recyclables shall be made through a refuse service provider or through the host property owner. Written permission from the property owner or proof 29 Page 228 of 284 7-2 New Business of other arrangements must be submitted with the application. The City, at its discretion, may require applicants to obtain commercial refuse disposal service. d. Food vendors involved in special events shall utilize the special event refuse plan. e. Food vendors with seating areas shall have refuse and recycling containers emptied at the close of each business day. f. [Grease trap requirements - including disposal of grease] - [to be added] 4. Area Maintenance. All vendors shall maintain the permitted area, the display apparatus and the immediate area within thirty feet surrounding the permitted area in a neat, clean and hazard -free condition. 5. Signs. All signage shall be painted on or attached to the display apparatus, cart, or vehicle, and a drawing to scale or photograph of the proposed signage shall be included in the application. Signs on display apparatus shall not appear on devices that extend above the display apparatus except on umbrellas and canvas covers. Umbrella and cover signage shall relate only to the product being sold or the name of the business. Public poles, picnic tables, and trash receptacles shall not be used to display signs. Separate free-standing signs are prohibited. 6. Business Access. Vendor license applicants shall demonstrate that there is sufficient access, parking and maneuvering space available at the site on which the vendor will operate. Suitable, safe access by pedestrians shall be provided and no structure shall obstruct access to or from parking areas or sidewalks. 7. Hours of Operation. The hours of operation shall be limited to seven a.m. to ten p.m. 8. Employee Restroom Facilities. Restroom services for employees shall be provided by a written agreement between the property owner and the vendor. The written agreement must be submitted with the application to the City Treasurer. 9. Noise Level. No loud speakers or any unnecessary noise will be allowed on the site. a. Noise is required to be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness. b. The average resulting dBA count shall not exceed sixty dBA at any point on or beyond the site. c. The use of internal combustion generators is prohibited. d. Music that is softly played solely for the enjoyment of the vendor is allowed at a hearing range that does not extend beyond the area of the apparatus, structure, or vehicle. 30 Page 229 of 284 7-2 New Business 10. Animals. No live animals shall be attached or "hitched" to any vending vehicle, cart, stand, or display. 11.Number of Parking Spaces. Parking shall be provided by a written agreement between the property owner and the vendor or transient merchant. Said written agreement must be submitted with the application to the City Treasurer. One parking space per each temporary commercial structure shall be designated on the host property and shall be located so as not to reduce the number of parking spaces required for the permanent business. a. A parking exception may be granted by the City Manager if the applicant can adequately demonstrate that on -street parking is available, sufficient parking is provided elsewhere or customers largely walk up or would use short-term parking. b. In no case shall the vending apparatus occupy parking spaces that reduce the amount of required parking for the host business. 12. Tents. The use of fully enclosed tents as apparatus is prohibited. A tent structure may be erected that is open on at least three sides. 13. Proximity to Special Event. Any vending apparatus that sets up within one hundred linear feet in a straight line of a special event shall ask permission from the event and appear on the special event list of vendors. 14.Zoning Compliance. No license shall be granted for a vendor unless allowed as a land use in the underlying zoning district(s) in which it operates except for vendors selling frozen food products. 15.Location. Except for sidewalk vendors, ice cream trucks / cycles, and vendors moving to the designated food court at the corner of 100 North and 100 West, all other vendors must get prior written approval for each location they intend to occupy. 5.64.060 Specific operating standards. A. Food Vendors. With the exception of vendors or peddlers selling frozen food in residential areas, all other food vendors shall follow the standards listed below: 1. Location. Business shall be conducted in commercial zones. The vehicle, structure or display apparatus shall not block ingress or egress of any loading, parking or emergency access areas of the property or reduce required parking. 2. Structures. a. Food vending apparatus, structures and vehicles shall comply with all State of Utah health requirements. 31 Page 230 of 284 7-2 New Business b. Food vending apparatus must be constructed of durable materials, and be designed with smooth impervious surfaces for easy cleaning. c. Carts shall be of sufficient lightweight construction that can be moved from place to place by one adult person without any auxiliary power. d. The total area occupied by a display apparatus or pushcart, together with the operator and any trash receptacle, cooler or chair, shall not exceed thirty-six square feet of space. e. Carts. Sidewalk vendor carts shall not exceed the dimensions of three feet wide by eight feet long by eight feet high. f. Vehicles or structures serving food shall not exceed the dimensions of eight feet wide by twenty-five feet long and ten feet in height. If the proposed vehicle or structure is more than twenty-five feet long, the applicant must obtain written approval for this exception from the City Manager. g. Umbrellas or canopies shall be a minimum of seven feet above the sidewalk if they extend beyond the edge of the cart or vehicle. h. Seating may be provided to include a table and up to six seats. Seating areas shall be located near the display apparatus, structure, or vehicle and shall not exceed forty square feet in area. i. Vehicles must be insured, and registered with the Department of Motor Vehicles. B. Street Vendors. Street vendors using motorized vehicles shall follow the standards listed below: 1. Location. A street vendor may operate on public or private streets. Street vendors shall not conduct business on state highways. a. Street vending vehicles shall not stop to conduct business in intersections or within crosswalks so that vehicular and pedestrian traffic will remain unhindered. b. Street vending vehicles selling frozen products from vehicles may operate in residential areas provided that the vehicle continues to travel through neighborhoods with stops only to conduct sales. The vehicle must generally remain mobile and in no case shall the vehicle be parked longer than ten minutes in a single location for sales. c. Street food vending apparatus must be designed as a single, self-contained unit, able to operate without the use of detached tables and counters, or require additional refrigeration facilities at the place of operation. 2. Size of Vehicle. Vehicles shall not exceed the dimensions of eight feet wide by twenty-five feet long and ten feet in height. If the proposed vehicle or structure is more than 32 Page 231 of 284 7-2 New Business twenty-five feet long, the applicant must obtain written approval for this exception from the City Manager. 3. Vehicles must be insured, and registered with the Department of Motor Vehicles. C. Sidewalk Vendors. Sidewalk vendors using human -propelled carts or cycles, packs, baskets, or handheld displays shall follow the display apparatus standards listed below: 1. Location. A sidewalk vendor may operate on the sidewalk in the public right-of-way with written permission from the City. a. No license shall be approved for locations on City non -motorized trail systems. b. Sidewalk vending apparatus shall not locate on corners or at intersections where it may cause line of sight issues for pedestrians or motorists. Carts shall be located so the flow of pedestrians is not impeded and be positioned along the route at the curbside of the sidewalk. c. Sidewalk vending apparatus shall not locate within ten feet of any doorway to an existing business. d. A minimum of five feet of open sidewalk space for the passage of pedestrians shall be maintained at all times. 2. Carts. Sidewalk vendor carts shall not exceed the dimensions of three feet wide by eight feet long by eight feet high. The area occupied by the cart, together with the operator and any trash receptacle, ice cooler or chair, shall not exceed thirty-five square feet of adjacent sidewalk space. The structures shall be moved on air -filled rubber tires and be of sufficiently lightweight construction that they can be moved from place to place by one adult person without auxiliary power. The device or cart shall not be motorized so as to move on its own power. Hard casters for wheels are prohibited D. Private Property Vendors. 1. Structures/Vehicles/Display Apparatus. a. No display apparatus shall exceed the dimensions of one hundred twenty square feet. b. Construction. All display apparatus shall be constructed in a sturdy manner so that there is no risk to the public of having the display apparatus collapse or break. c. Umbrellas Permitted. An umbrella or awning may be attached to the display apparatus or vehicle so as to shelter the vendor or customers. i. Umbrellas or canopies shall provide a minimum of seven inches of head room above the ground. 33 Page 232 of 284 7-2 New Business ii. Umbrellas or canopies shall not exceed one hundred twenty square feet in area. d. All accoutrements must be contained in a three-foot by five-foot area adjacent to the display apparatus, structure or vehicle. e. Display apparatus that cannot be adequately secured during off -business times shall be removed from the property at the end of each working day. f. Vehicles or structures shall not exceed the dimensions of eight feet wide by twenty-five feet long and ten feet in height. If the proposed vehicle or structure is more than twenty-five feet long, the applicant must obtain written approval for this exception from the City Manager. g. Seating may be provided to include a table and up to six seats. Seating areas shall be located near the display apparatus, vehicle or structure and shall not exceed forty square feet in area. h. Vehicles must be insured, and registered with the Department of Motor Vehicles. i. Private property vendors must meet all applicable building, health and fire codes for the intended use. 2. Location. All display apparatus shall be located on private property and in commercial zones. E. Temporary Display --Permanent Business. 1. A structure or display apparatus outside a permanent business shall not exceed twenty percent of the permanent business building's area. Apparatus must meet all applicable building, health and fire codes for the intended use. Structures are limited to commercial zones and do not require a separate vendor license if they comply with the following: a. Existing businesses may place racks, tables, tents, canopies, awnings, or outside displays of merchandise, food or beverages at their permanent place of business if such displays are less than two hundred square feet in size. b. Where located along public sidewalks, such displays shall be located as close as possible to the main business building. c. A minimum clear sidewalk width of five feet shall be maintained for pedestrian traffic to pass. d. All merchandise displays shall be removed at the end of each business day and stored indoors. e. Any display or temporary structure shall not reduce the number of parking spaces for the permanent business and shall not obstruct ingress or egress to the business. 34 Page 233 of 284 7-2 New Business f. Temporary displays at a permanent business must be approved by the zoning administrator for compliance with zoning, required parking spaces, and sign codes, on a form provided by the City Treasurer. 5.64.070 Prohibited practices. A. It is unlawful for any vendor, transient merchant, 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. B. It is unlawful for any vendor, transient merchant, peddler or solicitor to: 1. Persist or remain on private property after the owner or occupant has directed the vendor, peddler or 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 vendor, peddler or solicitor requesting that all such contact shall cease; 3. Engage in business past the hour of ten p.m. or prior to seven a.m.; 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 content, are likely to be offensive, annoying, or disturbing to the recipient; 5. Yell, sing, or call out to passersby to interest them in the merchandise of the vendor, peddler or solicitor. 5.64.080 Application. A. Only complete applications will be accepted. Applications shall be submitted on a form provided by the City Treasurer and shall require the applicant to furnish the following items and information: 1. Name, business name, address, email, telephone number, drivers license number, and type of business entity of the vendor, peddler or solicitor. 2. If applicable, the name, address, email, and telephone number of the company who employs or is represented by the vendor, transient merchant, peddler or solicitor. 3. Identification of the site or sites where the vendor, peddler or solicitor will operate. 4. Signed agreement with property owner that employees may use adjacent restroom facilities. 35 Page 234 of 284 7-2 New Business 5. All applicable license fees shall be paid in full at the time of application. License fees shall be refundable only under the terms and conditions stated in Section 5.04.030.E or 5.04.040.B. (Refer to the City's fee schedule for annual license fees.) 6. A certificate of insurance is required for anyone operating on City property or in the rights -of -way. 7. A description of the display apparatus, structure, vehicle, cycle, or cart, if applicable, including photographs and/or scale drawings with construction plans and specifications of any vending apparatus to be used in the business for which the license application is filed. Include the license plate number and current registration of motor vehicles, if any. The description/drawings shall show: a. Dimensions of the structure, display apparatus, vehicle, cycle, or cart, and all attached signage. Include drawings or photographs of the proposed signage. b. Site plan showing: i. The complete perimeter of the property with dimensions. ii. All existing structures and dimensions. iii. All distances from buildings and property lines. iv. Locations of all drives, parking areas, loading areas, and sign locations on the property. v. Landscaped areas with dimensions. vi. All easements impacting the property. vii. All parking for the host property and highlighting the parking for the vendor business. 8. Identification of the length of time and/or specific dates, which the applicant proposes that such business be conducted, together with the proposed hours of operations. 9. All vendors, peddlers, and solicitors proposing operation in residential zones, must provide a complete record of the applicant with respect to any disqualifying criminal conviction, plea of no contest, disqualifying pending criminal charge, or plea currently being held in abeyance, or a statement by the applicant that no such conviction or pending charge exists, attested to by the applicant, in addition to obtaining a comprehensive, criminal background check. See Section 5.64.110.B. below regarding disqualifying criminal convictions for residential zones. 10.A11 peddlers and solicitors, whether operating in commercial or residential zones, must provide a complete record with respect to any disqualifying criminal conviction, plea of no contest, disqualifying pending criminal charge, or plea currently being held in abeyance, or a statement by the applicant that no such conviction or pending charge exists, attested to by 36 Page 235 of 284 7-2 New Business the applicant. See Section 5.64.110.C. below regarding disqualifying criminal convictions for peddlers and solicitors. 11. Except for food trucks as defined by U.C.A. 11-56-102, written evidence of compliance from the zoning administrator that the use is allowed in the zoning district in which the applicant proposes to operate. 12. Proof of a Utah state sales tax certificate in the applicant's name or business name, if applicable, and compliance with all other applicable state and federal requirements for the particular business for which a license is requested. 13. A description of the type of goods, wares, services or merchandise to be sold or offered for sale. 14. Except for food trucks as defined by U.C.A. 11-56-102, a written statement of authorization from the property owner(s) of the location(s) where the applicant intends to conduct business. 15. Payment of the applicable license fee, at the time of submittal of the application. 16. An inspection report from the Southeastern Utah Health District, dated not more than ten days prior to the date of application, if applicant proposes to handle or offer food or beverages for sale. 17. A refuse and recycling plan explaining how refuse and recycling disposal will be dealt with on site, including written permission from the host property owner to use the host's refuse removal service, if applicable. 18. A written agreement between the private property owner and the vendor regarding parking, unless an exception is granted pursuant to Section 5.64.050.11.a. B. By signing the application, the applicant is verifying that the condition, location, parking requirements and use of the structure, vehicle, cycle, cart, or display apparatus will comply with all City ordinances and other applicable codes. 5.64.085 License renewal — Criminal convictions. A. Before each license renewal, all vendors, peddlers, and solicitors operating in residential zones must provide an updated background check, completed within 30 days of the date of renewal. See section 5.64.110 regarding disqualifying criminal convictions. B. If a license subject to the requirements of this Chapter expires and is not renewed, that license is automatically cancelled, and the licensee must apply for a new license, including obtaining a current criminal background check, if proposing operation in residential areas. 37 Page 236 of 284 7-2 New Business 5.64.090 Licenses --Issuance. The City Treasurer shall review the application for completeness for licenses under this chapter. If approved, the City Treasurer will issue a vendor, peddler or solicitor license, showing: A. The number of the license; B. The date of issuance; C. The nature of the business authorized to be conducted; D. The license fee paid; E. The location(s) of the business; F. The license term; and G. The company name(s) of the person(s) authorized to conduct business. 5.64.100 Modification of display apparatus, vehicle or structure. If the licensee, during any time of operation, wishes to modify the display apparatus, vehicle or structure in a way that varies from the drawing or photo submitted at the time of application, the licensee must obtain prior approval from the City Treasurer. Failure to obtain prior approval for modification of any display apparatus, vehicle or structure, or any failure to provide a complete list of items to be offered for sale is a violation of the license. 5.64.110 Grounds for denial. A. A vendor, peddler, or solicitor license may be denied by the City Treasurer based upon any of the criteria in Section 5.04.040. In addition, the City Treasurer may base denial, in whole or in part, upon the existence of site -specific impacts of the proposed license which render it incompatible with neighboring uses, or a history of past violations or complaints. B. Residential Zones. For applicants proposing operation in residential zones, grounds for denial will include findings from a criminal background check, or from the attestation of a criminal record by the applicant, that include any of the following: 1. Listing of the person on the sex offender registry or that the applicant is subject to an extended supervision order under the Serious Sex Offender Monitoring Act, at any time in the past; or 2. Offenses against the Sex Offender Registration Act or the Serious Sex Offender Monitoring Act, at any time in the past; or 38 Page 237 of 284 7-2 New Business 3. An applicant has been convicted of, pled no contest to, has a pending charge, or has a current plea in abeyance for a crime involving: The sale, distribution, or display of material harmful to minors; sexual performance by minors; contributing to the delinquency of a minor; possession of child pornography; lewdness; obscenity; indecent exposure; public indecency; any crime involving sexual abuse or exploitation of a minor; sexual assault or aggravated sexual assault; rape; rape of a minor; object rape; object rape of a minor; forcible sodomy; sodomy on a minor; forcible sexual abuse; kidnapping; harboring a runaway minor; manslaughter; murder; or any attempt, conspiracy, or solicitation to commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction, regardless of the exact title of the offense, at any time in the past; or 4. An applicant has been convicted of, pled no contest to, has a pending charge, or has a current plea in abeyance for a crime involving: Any felony not listed in 5.64.110.B.3. above; arson; assault; robbery; burglary; theft; fraud; conversion; violations of consumer protection statutes; deceit; misrepresentation; false statements; dishonesty; extortion; larceny; forgery; false or bogus checks; prostitution; exploitation of prostitution; promotion of prostitution; solicitation of sex acts; sex acts for hire; compelling prostitution; aiding prostitution; incest; any crime of violence not involving a sex act; driving under the influence of alcohol or drugs; criminal contempt; or any attempt, conspiracy, or solicitation to commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction, regardless of the exact title of the offense, for which: a. Less than two (2) years have elapsed from the date of conviction, if the conviction is a misdemeanor, or less than five (5) years if the convictions are of two (2) or more misdemeanors within the five (5) years; or b. Less than five (5) years have elapsed from the date of conviction if the offense is a felony; or 5. Sale and/or delivery of drugs, or any violation under the Utah Controlled Substances Act or substantially similar state or federal statute if the conviction was within the past five years; or 6. A history of consumer complaints against the applicant establishing unfair or dishonest trade practices, sales of shoddy, defective, or dangerous goods, or the like. 7. Any crime that when considered, by the Chief of Police, with the activities of a vendor, peddler, or solicitor, indicates that the best interests of the public are not served by granting the applicant a license. 39 Page 238 of 284 7-2 New Business 8. The fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this Chapter. C. Peddlers and Solicitors. For applicants proposing peddling and soliciting in commercial and/or residential zones, grounds for denial will include findings from a criminal background check, or from the attestation of a criminal record by the applicant, that include any of the following: 1. An applicant has been convicted of, pled no contest to, has a pending charge, or has a current plea in abeyance for a crime involving: fraud; deceit; misrepresentation; false statements; dishonesty; extortion; larceny; forgery; false or bogus checks; kidnapping; perjury; burglary; robbery; theft; conversion; violation of consumer protection statutes; or any attempt, conspiracy, or solicitation to commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction, regardless of the exact title of the offense, for which: a. Less than two (2) years have elapsed from the date of conviction, if the conviction is a misdemeanor, or less than five (5) years if the convictions are of two (2) or more misdemeanors within the five (5) years; or b. Less than five (5) years have elapsed from the date of conviction if the offense is a felony. 2. A history of consumer complaints against the applicant establishing unfair or dishonest trade practices, sales of shoddy, defective, or dangerous goods, or the like. 3. Any crime that when considered, by the Chief of Police, with the activities of a peddler or solicitor, indicates that the best interests of the public are not served by granting the applicant a license. The fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this Chapter. 5.64.120 Appeal of denial. An applicant denied a vendor, peddler, or solicitor license by the City Treasurer may appeal that decision through the procedures outlined in Chapter 5.04.050. Exhaustion of administrative remedies and timely appeal shall be a jurisdictional prerequisite to judicial review. 5.64.130 License --Display. 40 Page 239 of 284 7-2 New Business A. Vendors. The vendor license issued under this chapter shall be posted conspicuously in the place or places of business named therein. B. Peddlers and solicitors. Every licensed peddler and solicitor shall possess and display upon demand a copy of its business license. 5.64.140 License --Fees. Vendor, peddler, and solicitor license fees shall be established pursuant to the procedures and criteria established in Section 5.04.020 and this chapter. The license fees imposed by this chapter shall be in addition to any other fees applicable to the particular business use imposed by the provisions of this Code. 5.64.150 License--Non-transferable. Any license issued pursuant to this chapter is not transferable by the licensee. 5.64.160 License revocation, grounds. Licenses under this chapter may be revoked by the City Manager 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, or made on the application for a license or in the attestation to the licensee's criminal record; B. Any violation of the general or specific operating standards; C. Operation 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. D. Any criminal conviction, plea of no contest, pending charge, or plea in abeyance, of any disqualifying crime enumerated in Section 5.64.110. 5.64.170 License revocation --Notice, right to cure, procedure. Notice of and the procedure for curing a revocation of a license issued under this chapter shall be pursuant to the procedures and requirements specified in Section 5.04.090. 41 Page 240 of 284 7-2 New Business 5.64.180 License —Term and 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 at the end of the specified term shall submit a renewal form and license fee at least thirty days prior to expiration. All renewals shall be reviewed for approval criteria by the City Treasurer. Licenses are renewable under the terms stated in Section 5.04.060. 5.64.190 Agent for service of process. A. A condition upon the issuance of any peddler or solicitor license is the irrevocable consent by the licensee to the nomination of the City Recorder as its agent for service of process for any claims derived from the licensee's business activities within the City. Additionally, the licensee 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 peddler or solicitor, 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 City records. The City Recorder shall then notify the City Manager of the impending action and the nature of the complaint. 42 Page 241 of 284 7-2 New Business Chapter 5.67 NIGHTLY RENTAL LICENSES Sections: 5.67.010 Definitions. 5.67.020 Licenses — Required. 5.67.025 License fee. 5.67.030 Application. 5.67.040 Renewal — Term. 5.67.050 Grounds for denial. 5.67.060 Appeal of denial. 5.67.065 Assignment prohibited, application upon transfer. 5.67.070 License revocation, grounds. 5.67.080 Revocation procedure, right to cure. 5.67.090 Penalties. 5.67.100 General operating standards. 5.67.110 Management Standards. 5.67.010 Definitions. For purposes of this chapter: A. "Agent" means any legally authorized entity acting on behalf of a property owner, including but not limited to a property manager, a property management company, an executor of the owner's estate, or other legal fiduciary. B. "Nightly Rental" also called short-term rental, means: 1. The use, occupancy, rent or lease, for direct or indirect remuneration, of a structure or any portion thereof, constructed for single household or multi -household occupancy, or of any other residential property, or residential property within a commercial building, for a term of thirty consecutive days or less; 2. The commercial use, by any person, of residential property, or residential property within a commercial building, for hostel, hotel, inn, lodging, motel, resort or other transient lodging uses, where the term of occupancy, possession or tenancy of the property is for a term of thirty consecutive days or less. 3. For the purposes of this section, "remuneration" means compensation, money, rent, or other bargained for consideration given in return for occupancy, possession or use of real property. 4. For purposes of this section, nightly rentals shall include bed and breakfasts. 43 Page 242 of 284 7-2 New Business 5.67.020 Licenses — Required. A. No person shall operate or engage in any nightly rental activity within the City of Moab without first obtaining and maintaining a valid nightly rental business license as required by Chapter 5.04. B. Each owner of property within the City of Moab that is being used as a nightly rental must obtain a nightly rental license. An owner may allow his or her agent to apply for and obtain the nightly rental license, however, the license shall be in the property owner's name, and filed under the property owner's name in the City license records. C. Owners who own multiple nightly rental properties must obtain a separate license for each nightly rental property. Property managers and property management companies may not include multiple nightly rental properties in one license. D. If an owner of a nightly rental is using a D.B.A., that D.B.A. must be registered with the Utah Department of Commerce. E. The owner shall be the licensee, but the property manager or local representative, if applicable, shall be deemed the responsible party for purposes of operating standards and management standards. 5.67.025 License fee. A. From time to time the City Council may establish license fees for nightly rentals operating within the City limits. Fees shall be based on the total number of bedrooms in each nightly rental. 5.67.030 Application. A. The application for a nightly rental license shall include all of the items outlined in Chapter 5.04.030. The State sales tax ID number recorded must be obtained by and associated with the owner of the property being rented. B. The application shall also include written evidence of compliance from the zoning administrator that the use is allowed in the zoning district in which the applicant proposes to operate. C. The applicant must show that the facility meets minimum performance standards for off-street parking and landscaping as specified below in general operating standards. D. The applicant must provide plot plans and building or floor plans one -quarter inch to the foot showing the nightly rental, parking and landscaping. An inspection by the building 44 Page 243 of 284 7-2 New Business inspector, fire chief and health department shall be required prior to issuance of a license and as often as necessary for enforcement of this chapter. The plans and the property itself must be approved by the building inspector, fire chief and health department prior to issuance of a license. 5.67.040 Renewal — Term. The license for a nightly rental property shall be renewed annually on July 1, if all the conditions required at the time of the initial approval remain unchanged. 5.67.050 Grounds for denial. An application for a nightly rental license may be denied for any of the grounds listed in Section 5.04.040, or for a failure to fulfill any of the application requirements. 5.67.060 Appeal of denial. An appeal of a denial of a nightly rental business license shall follow the appeals procedure specified in Section 5.04.050. 5.67.065 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 be assigned or transferred to another nightly rental property, whether owned by the named licensee or by another person or business entity. B. Upon the sale, conveyance, or transfer of a nightly rental property, the new owner or transferee shall, within ten business days of completion of the conveyance or sale, apply for a new nightly rental license, if he/she intends to operate a nightly rental on the premises. 5.67.070 License revocation, grounds. A nightly rental license may be revoked for any of the grounds listed in Section 5.04.080, or for a violation of any of the operating standards or management standards set forth below. 5.67.080 Revocation procedure, right to cure. 45 Page 244 of 284 7-2 New Business The revocation procedure and appeal process shall follow the procedures outlined in Section 5.04.090. 5.67.090 Penalties. A. Any owner and/or property manager of a dwelling within the City of Moab who allows or permits occupation of said dwelling as a nightly rental, as defined herein, without having first obtained a business license in accordance with the provisions of this section shall be guilty of a Class A misdemeanor. The fine for a Class A misdemeanor shall be imposed for each day that the violation continued or continues to be committed B. Any other violation of this Chapter may be punishable, at the election of the City, as a Class A misdemeanor, as defined under the Utah Code, or by civil action to enjoin or abate the violation. The fine for a Class A misdemeanor shall be imposed for each day that the violation continued or continues to be committed. 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. 5.67.100 General operating standards. Nightly rentals may be allowed where the applicant can show evidence of compliance with the standards and procedures outlined below, and where there is minimal impact on adjacent properties and neighborhoods. A. No license shall be granted for a nightly rental operation unless allowed as a land use in the underlying zoning district(s) in which it operates. B. The nightly rental must meet all applicable building, health and fire codes for the intended use. C. A maximum stay at a nightly rental by an individual or particular group shall not exceed thirty consecutive days. D. No nightly rental shall rent for compensation more than five bedrooms in any one property under one license. E. Maximum occupancy of any nightly rental shall be ten (10) persons at any one time. If, however, the property has a fire sprinkler system or other fire suppression system acceptable to the Moab Fire Chief, and the owner obtains written approval from the Fire Chief, a greater maximum occupancy may be approved by the City Treasurer. F. Each sleeping room must be equipped with smoke and CO (carbon monoxide) detectors. 46 Page 245 of 284 7-2 New Business G. All nightly rental owners or property managers must collect and pay the applicable State transient room tax, State sales tax, City Resort Communities Sales Tax, City Municipal Transient Rooms Tax, and pay the City gross business license fee. H. Water and sewer impact fees for nightly rentals shall be calculated pursuant to Chapter 13.25 of the Moab Code. I. Water and sewer rates for nightly rentals shall be calculated according to the rate formulas contained in Chapter 13.24 of the Moab Code. J. The owner or property manager shall provide information on current or past occupants to police, emergency, or City personal as requested. The owner or property manager shall respond to complaints and concerns within one hour of any phone call or other notification. Failure of the owner or property manager to respond in a timely manner may result in a violation and possible fines to the owner and/or property manager, or revocation of the nightly rental license. 5.67.110 Management Standards for nightly rentals. A. Occupancy and noise. The owner of a nightly rental, or property manager, if applicable, is responsible for regulating the occupancy of the unit, and shall be responsible to ensure that guests or occupants of the nightly rental do not: 1. Create noises that by reason of time, nature, intensity or duration are out of character with noise customarily heard in the surrounding neighborhood; or 2. Disturb the peace of surrounding property residents or customers by engaging in shouting, fighting, playing loud music, racing cars or recreational vehicles on streets, engaging in outside recreational activities after 9 p.m., or other similar activities. B. The authorized lodging must be properly managed. As a condition to holding a valid license, the licensee agrees to provide or arrange for adequate property management services. The minimum services and management regulations required include: 1. Snow removal to a level that allows safe access to the building through the normal pedestrian and vehicle accesses to the unit; 2. Snow removal service to off-street parking facilities associated with the rental property so that off-street parking is at all times available for occupant use; 3. Yard maintenance, including landscaping, weed control, and irrigation; 4. Structural maintenance to preserve substantial code compliance; 5. Routine upkeep, including painting and repair; 47 Page 246 of 284 7-2 New Business 6. Trash collection which ensures that trash cans are not left at the curb for any period in excess of twenty-four (24) hours; the property must be kept free from accumulated garbage and refuse. The City, at its discretion, may require nightly rental owners to obtain commercial refuse disposal service. 7. Parking. On -street parking for nightly rental uses shall not result in an obstruction to traffic and pedestrian circulation or public safety; 8. Commercial Uses Prohibited. Nightly rentals may not be used for commercial uses not otherwise permitted in the zone. Nightly rentals may not be converted to Corporate Sponsor or Business houses which are used primarily to distribute retail products or personal services to invitees for marketing or similar purposes, regardless of whether such products or services are charged for. 48 Page 247 of 284 7-2 New Business Chapter 5.80 HOME OCCUPATION LICENSES Sections: 5.80.010 Purpose and definitions. 5.80.020 Home occupation licenses. 5.80.030 Application. 5.80.040 Fees. 5.80.050 General operating standards. 5.80.060 Prohibited home occupations and uses. 5.80.070 Enforcement and revocation. 5.80.010 Purpose and definitions. A. Purpose. This section is established to provide an opportunity for home occupations as an accessory use when they are compatible with the neighborhoods in which they are located. The intent is to safeguard the peace, quiet, and domestic tranquility within all residential neighborhoods, and to protect residents from the adverse effects of business uses such as noise, nuisance, traffic, fire hazards and other possible business uses that create a significant impact on a neighborhood. B. Definitions. 1. A home occupation is any use, occupation or activity, conducted entirely within a dwelling and/or accessory building, which is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the residential character of the dwelling or the surrounding neighborhood. 2. A home occupation may be allowed as an accessory use to a dwelling in the A-2, RA-1, R-1, R-2, R-3, R-4 and MH/RV-1 zones. 3. A home occupation shall not be construed to mean an employee working in his or her home in the service of an employer whose principal place of business is licensed at another location. 4. Notwithstanding anything herein to the contrary, a home occupation license is not required for: a. a business that is operated only occasionally by an individual who is under 18 years of age; b. garage and yard sales, provided there are no more than two garage or yard sales at a residence per calendar year; 49 Page 248 of 284 7-2 New Business c. temporary social gatherings sales that do not exceed one day, such as Tupperware parties, candle parties, etc., not to exceed four occurrences per year; d. sales of farm produce, such as fresh fruit, vegetables, herbs, eggs, or grains, where such sales are conducted by persons who grow such items and sales are conducted on private property. 5.80.020 Home occupation licenses. A. Business License Required. Prior to commencing the home occupation the applicant shall apply for and maintain for the duration of the enterprise a business license, as specified in Chapter 5.04, from the City Manager. B. If the holder of the license relocates to another site, a new home occupation license is required. If a property changes ownership and it is desired by the new owner to continue the same home occupation, a new license is required. The license is not transferrable to any individual or company other than the licensee. C. Any substantial change in the nature of the business use shall require the existing licensee to apply for and obtain a new home occupation license specific to the new business use or expansion. D. Businesses that conduct off -site sales (e.g., processing orders by mail, telephone or interne through a home office) must apply for a home occupation license as established in this section. 5.64.030 Application. A. The application shall contain the following information: name of applicant, address of home occupation, proposed activity, and a statement of assurance that the applicant shall comply with the requirements of this section. The City Manager may require other information from the applicant, based on the nature of the business proposed. B. If the applicant is not the owner of the building or lot on which the request for a home occupation is located, the application must include a notarized letter signed by the owner agreeing to the proposed home occupation. C. Before receiving a license, the home occupation applicant shall submit written evidence of administrative approval from the zoning administrator regarding parking, access, and traffic, and that the use is appropriate in the zoning district in which the applicant proposes to operate. D. A home childcare or preschool shall obtain written permission from surrounding neighbors before operating such home occupation. 50 Page 249 of 284 7-2 New Business E. Following approval of the application and the other documents, a home occupation license, including any written terms conditional to its approval, shall be issued by the City to the applicant. F. Renewal. All home occupation licenses shall be valid for one year and may be renewed annually, provided there have been no reported violations, complaints or detrimental characteristics which may, in the opinion of the City Manager, require termination of the home occupation. G. Grounds for denial. The home occupation license may be denied for any of the grounds listed in Section 5.04.040, or if the use would emit excessive noise, noxious fumes, dust, smoke, or would otherwise impose excessive adverse impacts on neighboring properties, or if the proposed use is contrary in physical appearance, traffic, or incidental activities to the objectives and character of the zone in which it would be located, or if the use proposed is not merely an accessory use to the dwelling, but a primary use. An applicant denied a business license shall be given written notice of the action by City staff. H. Appeal of license denial. Appeals of license denials must be submitted under the procedures outlined in Section 5.04.050. 5.80.040. Fees. A. Fees shall be determined from time to time by the City Council. B. A home occupation is exempt from the business license fee unless the combined offsite impact of the business, together with the primary residential use, is anticipated to or is shown to materially exceed the offsite impact of the primary residential use alone. The The Code Compliance Officer, or other City employee as designated by the City Manager, shall determine the anticipation or existence of such impacts. C. The following home occupations have been determined to have a combined off -site impact that materially exceeds the off -site impact of the primary residential use alone. These home occupations shall meet all requirements of this Chapter by obtaining a license and paying the necessary fee: 1. In -home child or adult care businesses; 2. Pre-schools; 3. Businesses that require or attract more than five (5) vehicle trips per day, including but not limited to package delivery, client or customer visits, and employee trips; 4. Any business that is required to have a fire inspection due to possible hazardous storage or activities; 51 Page 250 of 284 7-2 New Business 5. Any home or property that requires any modification requiring a building permit to accommodate the business operations; 6. Any home occupation that creates a demand for City services, utility services, or community facilities, or that creates unusual amounts of waste, in excess of those services usually and customarily provided for residential uses; 7. Any home occupation where the combined offsite impact of the home occupation and the primary residential use materially exceeds the offsite impact of the primary residential use alone as determined by the City at its discretion after having inspected the home occupation in response to complaints from surrounding property owners. 5.80.050 General operating standards. A. All home occupations must comply with the standards and qualifications outlined in this Chapter. 1. Code Conformance. There shall be complete conformity with fire, building, plumbing, electrical and all other City, County, State and Federal Codes. 2. Area. The home occupation activity shall be conducted entirely within the home of the applicant or an enclosed garage if said structure is located on the premises of the applicant. The total permissible square footage to be used for the home occupation shall not exceed twenty-five percent (25%) of the total ground floor square footage of the house, or one room, whichever is greater. Where an accessory building or a screened rear yard is used, no more than twenty-five percent (25%) of the total ground floor square footage of the house or six hundred square feet in area, whichever is less, shall be devoted to the home occupation. 3. Yard. No home businesses are allowed to operate outside of an enclosed structure, unless otherwise approved by the City Manager for outside activities. The home occupation shall not involve the use of any yard space for storage or display of supplies, inventory, or equipment, unless specifically stored within trailers or accessory structures. Any screened area or accessory structure used for the home occupation must be located in either the side or rear yard areas. 4. Internal or external alterations shall not be made to the dwelling or yard area that will change its residential character or the character of the neighborhood. 5. A home occupation shall not involve the installation of machinery or additional equipment other than that customary to normal household operations. 6. Signs. A person who engages in a home occupation shall not use advertisements, signs, window displays, or displays on or off the premises; provided, however, that this shall not be construed to regulate signage attached to vehicles. 52 Page 251 of 284 7-2 New Business 7. A home occupation shall not involve or result in the presence of more than two customers or clients on the premises at one time. 8. A home occupation shall not generate loud or raucous noise, or utilize mechanical, electrical or other equipment or items that produce noise, electrical or magnetic interference, vibration, heat, glare, smoke, dust, odor or other nuisance outside the residential building. 9. A home occupation shall not involve the visible storage of equipment or materials, or the presence of highly explosive or combustible equipment. 10. At the discretion of staff and based upon site -specific considerations, home occupations may be permitted up to two employees who are not residents of the primary dwelling. 11. Vehicles and Traffic. a. A home occupation shall not generate more traffic than the typical or average dwelling unit in a residential zone, with the exception of child daycares and preschools. b. The home occupation shall not involve the use of commercial vehicles, other than a taxi, a shuttle, or a standard delivery vehicle for delivery of materials to or from the premises. Each licensee is permitted to use and park on the licensed premises one commercial vehicle that has a rated capacity not to exceed one ton. c. No heavy equipment, heavy machinery, or vehicle having a gross weight of two thousand (2,000) pounds (one ton) or more may be stored outside a residence in connection with a home occupation. d. Parking spaces shall be provided for the dwelling and the home occupation in accordance with the specifications in Section 17.09.220, off-street parking and loading. The licensee shall provide developed off-street parking for the commercial vehicle used in the business and all employee vehicles. This provision excludes stops made by delivery vehicles. e. The home occupation shall not occupy any area required to satisfy off-street parking requirements. £ One trailer may be used in association with the home occupation, provided it meets the following criteria: i. An open or enclosed trailer with a body length of 20 feet or less, excluding the tongue; ii. Materials/equipment shall not be stored outside of the trailer; 53 Page 252 of 284 7-2 New Business iii. The trailer shall be parked in the side or rear yard, on an off-street parking area, or garaged on the property, and shall not be parked on the street in front of the house. If the home is located on a corner lot, the trailer shall not be stored on the side street of the house unless it is out of the required front yard setback. If the topography of the lot prohibits the parking of the trailer on the side or rear yard, the trailer must be stored off -site; and iv. The trailer must be well -maintained, and must not present negative impacts for adjacent neighbors, including but not limited to: odors, dust, parking location, or driving visibility on the street. 12. Home Childcare Regulations. a. Any childcare operation conducted on property where the primary use is a residence must be a licensed family childcare provider in accordance with Utah Code Annotated 26-39-401 et. seq. b. A home childcare business shall be limited to not more than eight children including the provider's own children under the age of four. No more than two of the children may be under the age of two. c. A home childcare or preschool shall obtain written permission from surrounding neighbors before operating such home occupation. B. Businesses that engage in some form of manufacturing or production shall be reviewed on a case -by -case basis for compatibility with adjacent properties and the neighborhood. C. The City may place additional restrictions on a home occupation relating to hours of operation, parking, traffic or other matters as it deems necessary to mitigate impacts on the neighborhood and the City in general. D. The City retains the right to inspect any and all premises licensed for home occupation during reasonable hours to determine compliance with the provisions of this title. 5.80.060 Prohibited Home Occupations and Uses. A. The following business uses and activities are not incidental to or compatible with residential activities, and are therefore prohibited as home occupations: 1. Automotive and other vehicle repair or service (body or mechanical), storage, painting or upholstery, or the repair, reconditioning, servicing, or manufacture of any internal combustion or diesel engines, or of any motor vehicle, including automobiles, trucks, ATV's, or boats, but excluding small engines such as lawnmowers; 2. Boutiques, sample sales, or craft shows; 54 Page 253 of 284 7-2 New Business 3. Contractor's storage yards; 4. Exercise or dance studios (not including one-on-one personal trainers); 5. Junk, dismantling, salvage or scrap yards; 6. Kennel or veterinary clinic; 7. Medical or health clinic; 8. Mortuary, crematorium, columbarium, or mausoleum; 9. Nursing home; 10. Restaurant; 11. Retail sales of products to the public (except for off -site sales (e.g., processing orders by mail, telephone or intern& through a home office, where there is no stock -in -trade on the site); 12. Sexually oriented businesses or adult entertainment activities; 13. Welding, ironworks, or machine shop operations; 14. Any uses which employ machinery or equipment that emits sound (e.g. saws, drills, musical instruments) that is detectable beyond the property; 15. Any uses which require explosives or highly combustible or toxic materials, or uses which change the fire safety of the premises, or uses which employ the storage of flammable, explosive, chemical, or hazardous materials beyond those normally associated with a residential use; 16. Any uses which create electrical, magnetic, radio, or television interference, dust, fumes, gas, glare, excess light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances as determined by the City Manager; 17. Any other uses the City Manager determines to be similar to those listed above, or which substantially and unreasonably interfere with the use and enjoyment of adjacent or nearby property or interferes with public peace and comfort. B. It shall be a violation of this Chapter if an existing home occupation licensee commits or practices any of the prohibited uses outlined above in the course of the licensee's home business activity. 5.80.070. Enforcement and Revocation. A. Any person aggrieved by a violation or apparent violation of the provisions of this section may file a written complaint with the City Manager, who shall investigate such complaint and 55 Page 254 of 284 7-2 New Business take the appropriate action to have the violation penalized or removed, if such violation is found to exist. B. Revocation of license. Failure to meet any of the standards or rules contained in this Chapter, or a violation of any part of this Chapter, or a refusal or failure to abate any violation by the licensee, shall be unlawful and grounds for immediate revocation of the license. Home occupations that emit excessive noise, noxious fumes, dust, smoke, or which otherwise impose excessive adverse impacts on neighboring properties may be subject to revocation. Upon revocation of the license, the operation of the home occupation must immediately cease. C. Enforcement. 1. Prior to instituting any revocation or enforcement action for violations of the license or this code, the City shall deliver written notice of the violation to the licensee. The licensee shall have a period of not less than thirty days in which to abate or correct the violation, which period may be extended by the City Manager, upon a showing of good cause by the licensee. 2. Any violation not corrected within the abatement period may be subject to, at the option of the City, administrative, civil, and criminal enforcement. The City may commence a civil action to enjoin or abate any violation of this section. In any civil enforcement action, the City shall be entitled to obtain injunctive relief upon a showing of violation(s) of this section or the applicable home occupation license. The court may also assess civil penalties of a sum not to exceed one thousand dollars per violation. The City shall be entitled to recover its reasonable attorney fees and court costs in any action in which a violation of this section is established. 3. In addition to a civil action, violations of this section are punishable as a Class B misdemeanor, as defined by Utah statute. 4. Persons operating a business subject to this section without the required home occupation license, or in violation of Chapter 5.04, are subject to all remedies and penalties specified in this section. 5. Any license or approval granted, in whole or in part, as a result of false, inaccurate or misleading information supplied by the applicant or its agent shall confer no vested right upon the applicant, and may be subject to revocation following delivery of written notice to the applicant explaining the basis for the action. Any aggrieved party may appeal such revocation to the appeal authority by delivering notice of appeal within ten days of the notice of revocation. 6. Exhaustion of administrative remedies shall be a jurisdictional prerequisite to seeking judicial review. 56 Page 255 of 284 7-2 New Business CITY OF MOAB ORDINANCE 2018-15 AN ORDINANCE MODIFYING BUSINESS LICENSING, SPECIAL EVENT PERMITTING, AND STREET PERFORMER PERMITTING PROCESSES AND REQUIREMENTS The following findings describe the intent and purpose of this ordinance: a. From time to time the City amends its ordinances to remove outdated provisions or improve its operations. b. State law changes, along with changes in what kinds of businesses are operating in Moab, necessitate significant changes to Moab City Code Title 5 Business Licenses and Regulations; c. Those changes, along with the need for an over cleanup and update, resulted in a major overhaul of Title 5, the creation of a new Title 4 Special Event and Street Performer Permits, and the repeal of Chapter 17.09.540 (relating to home occupation businesses); d. Subsequent to the passage of this Ordinance, new fees will be established via a separate ordinance and updated procedures will be implemented; and f. The City finds that these changes are necessary and appropriate. Therefore, the City of Moab amends Title 5, creates a new Title 4, and repeals Chapter 17.09.540 as described in the attached documents. PASSED AND ADOPTED by the Moab City Council on this XXth day of XXXX, 2018. SIGNED: ATTEST Emily S. Niehaus, Mayor Rachel Stenta, Recorder 1 Page 256 of 284 7-2 New Business Moab City Council Agenda Item Meeting Date: July 25, 2m8 Title: Sewer Connection Fee Changes Date Submitted: July 17, 2m8 Presenters: Obe Tejada and Christopher McAnany Attachments: - Draft ordinance clean copy - Draft ordinance legislative copy Suggested Motion: I move to set the public hearing date for Ordinance 2m8-16, An Ordinance Modifying Wastewater Connection Fees and Connection Procedures, for August 14, 2m8, at approximately 7:io PM. Alternate motion: I move to adopt Ordinance 2m8-16, An Ordinance Modifying Wastewater Connection Fees and Connection Procedures. Background/Summary: The City of Moab charges one-time sewer connection fees to recoup the costs of City employees physically installing the connection. Currently, because of variations in the scope of work for every connection, a base fee has been charged, followed by a fee for the City's actual costs of construction. This practice has resulted in public confusion as to the actual costs of connection to the City wastewater system and added uncertainty to construction costs. Additionally, staff resources have been taxed, and a better use of those resources would be to have private contractors construct the service lines, with the City inspecting and approving the work. City staff will continue to install the connection (which is City -owned) but the contractor will now be responsible for excavating the trench, laying the sewer service line, and maintaining the proper separation from other utilities. The proposed changes have three main benefits: 1. The City liability is reduced because employees will no longer install sewer lines that are not City -owned or maintained; 2. Customer service is enhanced because the billing process is simplified; and 3. Sewer Department staff time would be available for other projects. 1 Page 257 of 284 Moab Municipal Code Chapter 13.08 CITY OF MOAB ORDINANCE 2018-16 AN ORDINANCE MODIFYING WASTEWATER CONNECTION FEES AND CONNECTION PROCEDURES The following findings describe the intent and purpose of this ordinance: a. From time to time the City amends its ordinances to remove outdated provisions or improve its operations. b. Currently City staff installs new wastewater connections, including service lines, and charges for the costs for same. c. Because of variations in the scope of work for every connection, a base fee has been charged, followed by a fee for the City's actual costs of construction. d. This practice has resulted in some public confusion as to the actual costs of connection to the City wastewater system. e. Additionally, staff resources have been taxed, and a better use of those resources would be to have private contractors construct service lines, with the City inspecting and approving the work. £ This ordinance modifies that fee structure and makes other clarifying amendments to Chapter 13.08 The City finds that these changes are necessary and appropriate. Therefore, the City of Moab amends Chapter 13.08 as follows: Sections: 13.08.010 Permit --Required. 13.08.020 Permit --Application. 13.08.030 Permit--Issuance--Prerequisites. 13.08.040 Permit--Issuance--Terms. 13.08.044 Fire line Connections. 13.08.050 Fees. 13.08.060 Cost Liability -Construction Requirements. 13.08.070 Barricades. 13.08.080 Fees to be Paid Prior to Turning on of Water. 13.08.090 Service Connections Outside City Limits; Consent to Annexation. 13.08.010 Permit --Required. No person shall connect to the City water or wastewater system or carry on the work of laying, repairing, altering or connecting any pipe to the water or wastewater system without having first obtained authorization to do so as provided in this Chapter. (Prior code § 26-36) 1 Page 258 of 284 7-3 New Business Moab Municipal Code Chapter 13.08 13.08.020 Permit --Application. Application for water and sewer connections shall be made in writing by the owner of the premises to be served, or his authorized agent, and shall be accompanied by a plan showing the proposed connection, its size, and the size and location of all branches and facilities to be connected with it. The application shall be made on the form entitled "Water and Wastewater Application and Agreement," furnished by the City. 13.08.030 Permit--Issuance--Prerequisites. The Public Works Department may approve a permit under this Chapter only when the plumbing in the dwelling or building to be connected is constructed and installed in accordance with applicable building and plumbing codes. All wastewater connections require an approved design showing proper grade from the service location to the wastewater main. 13.08.040 Permit--Issuance—Terms—Installation of Service. Upon approval of the application by the Public Works Department, clearance by any applicable City Departments, and payment of all connection fees or other applicable fees, City Treasurer shall issue a permit to connect with the City water or wastewater system. The permit shall specify the type of occupancy, address, and size of the connection. A. The City will install all connections to the City main wastewater lines. The applicant, at its sole cost, is responsible for arranging for excavation and construction of all service lines from the building to the City connection. The City shall inspect service lines for workmanship and conformity with approved plans. Non -conforming or defective installations may be rejected. The applicant (or the contractor) must obtain and comply with an Encroachment/Excavation Permit if the work will encroach upon City rights -of -way. B. In all cases the City shall inspect installation of water meters to confirm workmanship and conformity with approved plans. Applicants or contractors approved by the waterworks superintendent to furnish and/or install water meters shall be entitled to a reduction in the cost of the connection fee equal to the city's cost of providing and/or installing the water meters. Non- conforming or defective installations may be rejected. The applicant (or the contractor) must obtain and comply with an Encroachment/Excavation Permit if the work will encroach upon City rights -of -way. (Ord. 01-07, 2001; Ord. 15-77 (part), 1977: prior code § 26-39) 13.08.044 Fire line connections. A. All fire line connections to the City water system, including those for fire sprinkler systems and fire hydrants must meet the specifications for line size, passes, and backflow protection as determined by the waterworks superintendent. B. Unless installed as specified otherwise in this section, all fire sprinkler systems connected to the City water system will be installed with a single check valve with a meter that is AWWA- approved. C. A fire sprinkler system may be connected to the City water system using a chemical or antifreeze mechanism; provided, that such system is installed with a double check valve with a meter and by-pass, and provided that all maintenance to such system be performed by the 2 Page 259 of 284 7-3 New Business Moab Municipal Code Chapter 13.08 applicant, and provided that the connection meets all other specifications as outlined in this section. (Ord. 94-07 (part), 1994) 13.08.050 Fees. The rates for water and sewer connection fees shall be as follows: A. Rates within the City. Water Connection Fees 3/4" meter Each unit in trailer court, motel, or dwelling 1" meter Each unit in trailer court, motel, or dwelling 1 1 /2" meter Each unit in trailer court, motel, or dwelling 2" meter Each unit in trailer court, motel, or dwelling Sewer Connection Fees 4" sewer 6" sewer B. Rates Outside City Limits. Water Connection Fees 3/4" meter Each unit in trailer court, motel, or dwelling 1" meter Each unit in trailer court, motel, or dwelling 1 1/2" meter Each unit in trailer court, motel, or dwelling 2" meter Each unit in trailer court, motel, or dwelling Sewer Connection Fees 4" sewer 6" sewer 3 $700.00 $35.00 $1,000.00 $50.00 $1,250.00 $75.00 $1,500.00 $75.00 $400.00 $500.00 $1,200.00 $100.00 $1,500.00 $150.00 $2,250.00 $200.00 $2,500.00 $250.00 $400.00 $500.00 Page 260 of 284 7-3 New Business Moab Municipal Code Chapter 13.08 C. Fire Sprinkler System Connection Fees. There will be a fee equal to the cost of making a fire sprinkler system connection according to the specifications outlined in Section 13.08.044, including, but not limited to, the cost of labor, materials, and equipment necessary to perform the connection. D. Fire Hydrant Connection Fees. There will be a twenty -five -dollar fee to connect a fire hydrant into the City water system. Should the actual cost of installation to the city exceed a minimum fee, the additional cost shall be paid by applicant. (Ord. 94-07 (part), 1994; Res. 19- 93, 1993: Ord. 87-04 § 2, 1987; Ord. 15-77 (part), 1977; Ord. 3-77 (part), 1977: prior code § 26-40) 13.08.060 Cost Liability -Construction requirements. Provided sufficient capacity exists, any applicant owning property adjoining an existing water and/or wastewater line located within seventy-five feet of the property line may connect to said service by applying and paying to the City the fees as stipulated under Section 13.08.050 and all other applicable fees. The City shall construct the water connection and furnish the meter. The City will install the wastewater connection as otherwise provided under Section 13.08.040A. If applicable, the applicant is solely responsible for securing necessary easements or rights -of -way necessary to accommodate the connection(s). (Ord. 15-77 (part), 1977: prior code § 26-41) 13.08.070 Barricades. All persons engaged in excavation encroaching upon City rights -of -way shall obtain an Excavation/Encroachment Permit. No person shall fail or neglect to maintain proper and sufficient signage, barricades, and signals at or near every excavation under this Chapter so as to give warning of and protection against accidents. (Prior code § 26-42) 13.08.080 Fees to be paid prior to turning on of water. Before water will be turned on to any premises all charges against the premises that are due and payable to the City for water or any service, material, or supplies pertaining to that property shall be paid in full. (Prior code § 26-43) 13.08.090 Service connections outside city limits; Consent to Annexation. Any applicant for connection to City water or wastewater service for real property located outside the municipal boundaries of the City of Moab shall sign an agreement in, a form as approved by the City, providing that, as a condition to connection to municipal water and/or wastewater service of the City of Moab City, the property owner consents to annexation of the subject property where services are provided at such time as annexation shall be legally feasible. PASSED AND ADOPTED by the Moab City Council on this 25th day of July, 2018. SIGNED: ATTEST Emily Niehaus, Mayor 4 Rachel Stenta, Recorder Page 261 of 284 7-3 New Business i CITY OF MOAB ORDINANCE 2018 16 AN ORDINANCE MODIFYING WASTEWATER CONNECTION FEES AND CONNECTION PROCEDURES The following findings describe the intent and purpose of this ordinance: a. From time to time the City amends its ordinances to remove outdated provisions or improve its operations. b. Currently City staff installs new wastewater connections, including service lines, and charges for the costs for same. c. Because of variations in the scope of work for every connection, a base fee has been charged, followed by a fee for the City's actual costs of construction. d. This practice has resulted in some public confusion as to the actual costs of connection to the City wastewater system. e. Additionally, staff resources have been taxed, and a better use of those resources would be to have private contractors construct service lines, with the City inspecting and approving the work. f. This ordinance modifies that fee structure, and makes other clarifying amendments to Chapter 13.08- The City finds that these changes are necessary and appropriate. Therefore, the City of Moab amends Chatper 13.08 as follows: Sections: 13.08.010 Permit --Required. 13.08.020 Permit --Application. 13.08.030 Permit--Issuance--Prerequisites. 13.08.040 Permit--Issuance--Terms. 13.08.044 Fire line eConnections. 13.08.050 Fees. 13.08.060 Cost (Liability -Construction (Requirements. 13.08.070 Barricades. 13.08.080 Fees to be pPaid pPrior to tTurninq on of wWater. 13.08.090 Service eConnections eOutside eCity ILimits; Consent to Annexation. 1 Page 262 of 284 7-3 New Business 13.08.010 Permit --Required. HHRE I No person shall connect to the cCity water or sewerwastewater system or cause a connection to such system to be made, or carry on the work of laying, repairing, altering or connecting any pipe wiihto the water or sewerwastewater system without having first obtained authorization to do so as provided in this eChapter. (Prior code § 26-36) 13.08.020 Permit --Application O SRgRE j Application for water and sewer connections shall be made in writing by the owner of the premises to be served, or his authorized agent, and shall be accompanied by a plan showing the proposed connection, its size, and the size and location of all branches and facilities to be connected with it. The application shall be made on the form entitled "Water and SewerWastewater Application and Agreement," furnished by the sCity. Such application shall be acknowledged by the signer before a notary public. (Prior code § 26 37) 13.08.030 Permit--Issuance--Prerequisites Q SNARE j The Public Works Department may -approve a permit under this sChapter only when the plumbing in the housedwelling or building to be connected is le -constructed and installed in accordance with applicable building and plumbing codes. All wastewater connections require an approved design showing proper grade from the service location to the wastewater main.the regulations and provisions of the city regulating plumbing, and only after the proper grade for drainpipe from house to sewer has been given by the city engineer. For any such grade furnished by the city engineer a fec of five dollars shall be paid into the city tr asury. (Prior code § 26 38) 13.08.040 Permit--Issuance—Terms—Installation of Service a "ARE j Upon approval of the application by the Public Works Department, clearance by any applicable City Departments, and the -payment of all connection fees or other applicable fees as set forth in this chapter, and upon the approval of the plumbing inspector and the waterworks superintendent, the Csity tTreasurer shall issue a permit to connect with the sCity water or sewerwastewater system. The permit shall be for ach connection and shall_ give specify the type of occupancy, aac+address, and size of the connection. and chow thereon the rules and regulations for sewer and water connections. A. The City will install all connections to the City main wastewater lines. The applicant, at its sole cost is responsible for arranging for excavation and construction of all service lines from the building to the City connection. The City shall inspect service lines for workmanship and conformity with approved plans. Non -conforming or defective installations may be rejected. The applicant (or the contractor) must 2 Page 263 of 284 7-3 New Business obtain and comply with an Encroachment/Excavation Permit if the work will encroach upon City rights -of - way. sewer service lines from the mains to the property line and install the meter. The subdivider shall install those service lines in new subdivisions under the direction of the waterworks superintendent. B. In all cases the eCity shall inspect installation of water meters to confirm workmanship and conformity with approved plans. PermittccsApplicants or contractors approved by the waterworks superintendent to furnish and/or install water meters shall be entitled to a reduction in the cost of the connection fee equal to the city's cost of providing and/or installing the water meters. Non -conforming or defective installations may be rejected. The applicant (or the contractor) must obtain and comply with an Encroachment/Excavation Permit if the work will encroach upon City rights -of -way. _(Ord. 01-07, 2001; Ord. 15-77 (part), 1977: prior code § 26-39) 13.08.044 Fire line connections 0 SHARE A. All fire line connections to the Csity water system, including those for fire sprinkler systems and fire hydrants must meet the specifications for line size, passes, and backflow protection as determined by the waterworks superintendent. B. Unless installed as specified otherwise in this section, all fire sprinkler systems connected to the sCity water system will be installed with a single check valve with a meter that is AWWA-approved. C. A fire sprinkler system may be connected to the sCity water system using a chemical or antifreeze mechanism; provided, that such system ise installed with a double check valve with a meter and by- pass, and provided that all maintenance to such system be performed by the applicant, and provided that the connection meets all other specifications as outlined in this section. (Ord. 94-07 (part), 1994) 13.08.050 Fees Cl SHARE 1 The rates for water and sewer connection fees shall be as follows: A. Rates within the City. Water Connection Fees 3/4" meter Each unit in trailer court, motel, or dwelling 1" meter 3 $700.00 35.00 1,000.00 Page 264 of 284 7-3 New Business Each unit in trailer court, motel, or dwelling 1 1/2" meter Each unit in trailer court, motel, or dwelling 2" meter Each unit in trailer court, motel, or dwelling Sewer Connection Fees 4" sewer Each unit in trailer court, motel, or dwelling 6" sewer Each unit in trailer court, motel, or dwelling B. Rates Outside City Limits. Water Connection Fees 3/4" meter Each unit in trailer court, motel, or dwelling 1" meter Each unit in trailer court, motel, or dwelling 1 1/2" meter Each unit in trailer court, motel, or dwelling 2" meter Each unit in trailer court, motel, or dwelling Sewer Connection Fees 4" sewer Each unit in trailer court, motel, or dwelling 6" sewer Each unit in trailer court, motel, or dwelling 4 50.00 1,250.00 75.00 1,500.00 75.00 850.00400.00 50.00 950.00500.00 75.00 $1,200.00 100.00 1,500.00 150.00 2,250.00 200.00 2,500.00 250.00 1,700.00400.00 100.00 1,900:00500.00 150.00 Formatted Table Formatted Table Formatted: Centered, Indent: Left: 0.38" t Formatted Table Page 265 of 284 7-3 New Business Cutting a street or road per foot ($75.00 minimum) 10.00 C. Fire Sprinkler System Connection Fees. There will be a fee equal to the cost of making a fire sprinkler system connection according to the specifications outlined in Section 13.08.044, including, but not limited to, the cost of labor, materials, and equipment necessary to perform the connection. D. Fire Hydrant Connection Fees. There will be a twenty-five dollar fee to connect a fire hydrant into the City water system. Should the actual cost of installation to the city exceed a minimum fee, the additional cost shall be paid by applicant. (Ord. 94-07 (part), 1994; Res. 19-93, 1993: Ord. 87-04 § 2, 1987; Ord. 15-77 (part), 1977; Ord. 3-77 (part), 1977: prior code § 26-40) 13.08.060 Cost liability -Construction requirements a $HARE I Provided sufficient capacity exists, Aany individual -applicant which owning property adjoint s an existing water and/or sewerwastewater line located within seventy-five feet of the property line may connect to said service by applying and paying to the sCity the connection and deposit fees as stipulated under Section 13.08.050 and all other applicable fees. Fees, and Tthe sCity shall construct and connect the water and/or sewer connection and furnish the meter. The City will install the wastewater connection as otherwise provided under Section 13.08.040A. If applicable, the applicant is solely responsible for securing necessary easements or rights -of -way necessary to accommodate the connection(s). line to tho property line, and furnish the meter. All costs in connection with the construction of the water and sewer service lines from the point of use to the property line shall be paid by the applicant. All workmanship and city —(Ord. 15-77 (part), 1977: prior code § 26-41) 13.08.070 Barricades.° SHARE } All persons engaged in excavation encroaching upon City rights -of -way shall obtain an Excavation/Encroachment Permit. No person shall fail or neglect to maintain proper and sufficient signage, barricades, and signals at or near every excavation under this sChapter so as to give warning of and protection against accidents. (Prior code § 26-42) 13.08.080 Fees to be paid prior to turning on of water O SHARE } Before water will be turned on to any premises all charges against the premises that are due and payable to the °City for water or any service, material, or supplies pertaining to that property thereto —furnished thereon shall have been be paid in full. (Prior code § 26-43) 13.08.090 Service connections outside city Iimits•Consent to Annexation.0 SHARE 5 Formatted: Indent: Left: 0", Hanging: 0.38" Formatted: Right: -0.44" Page 266 of 284 7-3 New Business Any applicant for connection to Moab City water or seweF astewater service for real property located outside the municipal boundaries of the City of Moab City shall sign an agreement in, a form as approved by the City, substantially the form as attachcd to the resolution codificd in this scction and found on filc in the officc of the rccordcr, which agrccmcnt shall providin�(ce that, as a condition to connection to the municipal water and/or sewerwastewater service of the City of Moab City, the property owner consents to annexation of the subject property where services are provided at such time as annexation shall be legally feasible. documents necessary for annexation if Moab City at any time wishes to annex territory, and will contain such other terms and conditions as the city council of Moab City shall from time to time require of PASSED AND ADOPTED by the Moab City Council on this-1-2t 25th day of JuneJuly, 2018. SIGNED: ATTEST Emily Niehaus, Mayor Rachel Stenta, Recorder 6 Formatted: Normal, Space After: 12 pt, Line spacing: At least 18 pt, Font Alignment: Baseline, Pattern: Clear (White) Page 267 of 284 7-3 New Business Moab City Council Agenda Item Meeting Date: July 25, 2018 #: 7-4 Title: Consideration for Adoption of Proposed Resolution #38-2018 - A Resolution of the City Council of the City of Moab, Utah, Authorizing the Issuance and Sale of Not More than $16,700,000 Aggregate Principal Amount of Wastewater Revenue and Refunding Bonds Series 2018, Series 2018 and Related Matters Date Submitted: July 17, 2018 Staff Presenter: Chuck Williams, City Engineer Attachment(s): NA Options: . Recommended Motion: NA Background/Summary: The City of Moab owns and maintains significant amounts of infrastructure that allows City residents and visitors to have: pure water to drink, a system for liquid and solid waste to be disposed of in a sanitary manner, a multi -modal transportation system, recreational/fitness accommodations and the necessary administrative facilities to maintain this infrastructure as well as support the other elements (administration, police, etc.) of City of Moab government. Infrastructure to provide the above services needs to regularly be maintained as well as occasionally expanded due to changes in City demographics (growth, etc.), changes in the regulatory requirements ( changing state and federal mandates i.e. ADA) and equipment simply ending it's useful life ( pipes, etc.). The purpose of this agenda item is to consider authorizing obtaining funding for 4 new projects for a total cost of $2,435,000. Bond counsel has also requested that for clarity this Parameters Resolution should include the Page 268 of 284 7-4 New Business existing $14.2Million bond for the new Water Reclamation Facility. Therefore the Aggregate number on the Resolution is $16,700,000. The new projects proposed are: 100 West sewer line replacement: $990,000 The City of Moab (City) recently completed a Sewer Master Plan Study (Study). The purpose of the Study was to evaluate the City's sewer collection system's ability to meet current and future sanitary sewer flows. The Study identified current deficiencies and improvements necessary to meet future projected sewer flows. The Study determined that the 100 West sewer line between 100 South and Walnut Lane is reaching available hydraulic capacity with current peak flows. This capacity concern has been confirmed by City personnel, as they have observed periodic surcharging of manholes within this section of the collection system. Based upon the findings of the Study and observed surcharging, the City had requested a consultant to prepare design drawings for replacing the sewer line in 100 West between 100 South and Walnut Lane. The sewer replacement is a component of a larger project which will also construct a shared use path along 100 West and repave the road from Main street to Walnut Lane. Millcreek Drive water line upgrade (design only): $250,000 This project entails design and modeling for construction of approximately one mile of a new 8-inch water line. Project limits are from 400 East along Mill Creek Drive to Powerhouse Lane. This will replace an aging and failing line. 200 North Nob Hill Water Upgrade:$150,000 Project will involve replacing the aging culinary water pipe along a new aligment. The line currently runs north -south under the Desert Rose Apartments parking lot and through a narrow corridor between two apartment buildings. The preferred new alignment would place it in a new utility easement in an adjacent parcel, thereby avoiding the the parking lot and buildings along the existing alignment. North Sewer Trunk Line: $1,045,000 The City of Moab has experienced significant growth and development in recent years, and this pattern is continuing. Several developments have been proposed and others are being considered in the northwest area of the City along Highway 191. The sewer collection system in this area of the City cannot Page 269 of 284 7-4 New Business entirely flow by gravity to the City's wastewater treatment plant. As a result, several existing developments have constructed and operate private sewer lift stations or septic systems to provide sewer service to their individual properties. Maintenance problems at the existing private lift stations frequently become problems for City personnel because of the property owners' lack of experience in servicing and maintaining their sewer facilities. Additionally, the privately -owned septic systems are currently not meeting treatment requirements, and the State of Utah has requested that these properties connect to the City sewer collection system. As development continues in this area, the City intends to construct improvements to the existing sewer collection system to eliminate use of privately -owned sewer lift stations and septic systems. The improvements will also increase collection capacity, allowing for additional future development in the area. These improvements require the City to extend the existing collection system further north and provide a new City -owned lift station. Design is underway for the improvements to be made to the existing sewer collection system including construction of a lift station, sewer gravity main and force mains in this area. A representative of our lender will be at the meeting to answer any questions regarding the bond financing. Page 270 of 284 7-4 New Business City of Moab, Utah July 25, 2018 The City Council (the "Council") of the City of Moab, Utah, met in regular public session at the regular meeting place of the Council in Moab, Utah, on Wednesday, July 25, 2018, at the hour of 7:00 p.m., with the following members of the Council being present: Emily Niehaus Mayor Rani Derasary Councilmember Mike Duncan Councilmember Karen Guzman -Newton Councilmember Kalen Jones Councilmember Tawny Knuteson-Boyd Councilmember Also present: Absent: Danielle Guerrero Deputy City Recorder David Everitt City Manager Rachel Stenta City Recorder After the meeting had been duly called to order and after other matters not pertinent to this resolution had been discussed, the City Recorder presented to the Council a Certificate of Compliance with Open Meeting Law with respect to this July 25, 2018, meeting, a copy of which is attached hereto as Exhibit A. The following resolution was then introduced in written form, was fully discussed, and pursuant to motion duly made by Councilmember and seconded by Councilmember , was adopted by the following vote: AYE: NAY: The resolution is as follows: Page 271 of 284 RESOLUTION NO. 38-2018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOAB, UTAH (THE "ISSUER"), AUTHORIZING THE ISSUANCE AND SALE OF NOT MORE THAN $16,700,000 AGGREGATE PRINCIPAL AMOUNT OF WASTEWATER REVENUE AND REFUNDING BONDS SERIES 2018; FIXING THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF THE BONDS, THE MAXIMUM NUMBER OF YEARS OVER WHICH THE BONDS MAY MATURE, THE MAXIMUM INTEREST RATE WHICH THE BONDS MAY BEAR, AND THE MAXIMUM DISCOUNT FROM PAR AT WHICH THE BONDS MAY BE SOLD; PROVIDING FOR THE PUBLICATION OF A NOTICE OF PUBLIC HEARING AND BONDS TO BE ISSUED; PROVIDING FOR THE RUNNING OF A CONTEST PERIOD AND SETTING A PUBLIC HEARING DATE; AUTHORIZING THE EXECUTION BY THE ISSUER OF A MASTER RESOLUTION, BOND PURCHASE AGREEMENT, AND OTHER DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION; AND RELATED MATTERS. WHEREAS, the City Council (the "Council") of City of Moab, Utah (the "Issuer") desires to (a) finance the acquisition and construction of improvements to the Issuer's wastewater system (the " System") and all related improvements (collectively, the "Project"), (b) refund all or a portion of the Issuer's outstanding wastewater revenue bonds (the "Refunded Bonds"), (c) fund a debt service reserve fund, if necessary, and (d) pay costs of issuance with respect to the Series 2018 Bonds herein described; and WHEREAS, to accomplish the purposes set forth in the preceding recital, and subject to the limitations set forth herein, the Issuer desires to issue its Wastewater Revenue and Refunding Bonds, Series 2018 (the "Series 2018 Bonds") (to be issued from time to time, as one or more series and with such other series or title designation(s) as may be determined by the Issuer), pursuant to (a) the Local Government Bonding Act, Title 11, Chapter 14, Utah Code Annotated 1953, as amended and the Utah Refunding Bond Act, Title 11, Chapter 27, Utah Code Annotated 1953, as amended (together, the "Act"), (b) this Resolution, and (c) a Master Resolution (the "Master Resolution"), in substantially the form presented to the meeting at which this Resolution was adopted and which was attached hereto as Exhibit B; and WHEREAS, the Act provides that prior to issuing bonds, an issuing entity must (a) give notice of its intent to issue such bonds and (b) hold a public hearing to receive input from the public with respect to (i) the issuance of the bonds and (ii) the potential economic impact that the improvement, facility or property for which the bonds pay all or part of the cost will have on the private sector; and Parameters Resolution 2 Page 272 of 284 WHEREAS, the Issuer desires to call a public hearing for this purpose and to publish a notice of such hearing with respect to the Series 2018 Bonds, including a notice of bonds to be issued, in compliance with the Act; and WHEREAS, the Council desires to approve and authorize a Bond Purchase Agreement (the "Bond Purchase Agreement"), to be entered into between the Issuer and the purchaser selected by the Issuer for the Series 2018 Bonds (the "Purchaser"), as required, in substantially the form attached hereto as Exhibit C; and WHEREAS, in order to allow the Issuer, flexibility in setting the pricing date of the Series 2018 Bonds, the Council desires to grant to the Mayor (or Mayor Pro Tem) and the City Manager (together, the "Designated Officer"), the authority to select the Purchaser, to approve the final interest rates, principal amounts, terms, maturities, redemption features, and purchase price at which the Series 2018 Bonds shall be sold, and to make any changes with respect thereto from those terms which were before the Council at the time of adoption of this Resolution, provided such terms do not exceed the parameters set forth for such terms in this Resolution (the "Parameters"); NOW, THEREFORE, it is hereby resolved by the City Council of the City of Moab, Utah, as follows: Section 1. For the purpose of financing the Project, refunding the Refunded Bonds, funding a debt service reserve fund, if necessary, and paying costs of issuance of the Series 2018 Bonds, the Issuer hereby authorizes the issuance of the Series 2018 Bonds which shall be designated "City of Moab, Utah Wastewater Revenue and Refunding Bonds, Series 2018" (to be issued from time to time as one or more series and with such other series or title designation(s) as may be determined by the Issuer) in the initial aggregate principal amount of not to exceed $16,700,000. The Series 2018 Bonds shall mature in not more than twenty (20) years from their date or dates, shall be sold at a price not less than ninety-eight percent (98%) of the total principal amount thereof, shall bear interest at a rate or rates not to exceed four percent (4.0%) per annum, and shall be non - callable or subject to redemption, all as shall be approved by the Designated Officer, all within the Parameters set forth herein. Section 2. The Master Resolution and the Bond Purchase Agreement, in the forms presented at this meeting and attached hereto as Exhibits B and C, respectively, are hereby authorized, approved, and confirmed. The Mayor and the City Recorder (or designee, collectively, the "City Recorder") are hereby authorized to execute and deliver the Master Resolution and the Bond Purchase Agreement, in substantially the forms or with substantially the content as the forms presented at this meeting for and on behalf of the Issuer, with final terms as may be established by the Designated Officers, within the Parameters set forth herein, and with such alterations, changes or additions as may be necessary or as may be authorized by Section 4 hereof. The Designated Officer is hereby authorized to select the Purchaser, to specify and agree as to the final principal amounts, terms, discounts, maturities, interest rates, redemption features, and purchase price with respect to the Series 2018 Bonds for and on behalf of the Issuer by execution of the Master Resolution, and Bond Purchase Agreement, provided that such terms are within the Parameters set by this Resolution. Parameters Resolution 3 Page 273 of 284 Section 3. The Designated Officer or other appropriate officials of the Issuer are authorized to make any alterations, changes, deletions, or additions to the Master Resolution, the Series 2018 Bonds, the Bond Purchase Agreement or any other document herein authorized and approved which may be necessary to conform the same to the final terms of the Series 2018 Bonds (within the Parameters set by this Resolution), to correct errors or omissions therein, to complete the same, to remove ambiguities therefrom, or to conform the same to other provisions of said instruments, to the provisions of this Resolution or any resolution adopted by the Council or the provisions of the laws of the State of Utah or the United States. The execution thereof by the Mayor on behalf of the Issuer of the documents approved hereby shall conclusively establish such necessity, appropriateness, and approval with respect to all such additions, modifications, deletions, and changes incorporated therein. Section 4. The form, terms, and provisions of the Series 2018 Bonds and the provisions for the signatures, authentication, payment, registration, transfer, exchange, redemption, and number shall be as set forth in the Master Resolution. The Mayor and City Recorder are hereby authorized and directed to execute and seal the Series 2018 Bonds and to deliver said Series 2018 Bonds to for authentication. The signatures of the Mayor and the City Recorder may be by facsimile or manual execution. Section 5. The Designated Officer or other appropriate officials of the Issuer are hereby authorized and directed to execute and deliver to the Purchaser the Series 2018 Bonds in accordance with the provisions of the Master Resolution. Section 6. Upon their issuance, the Series 2018 Bonds will constitute special limited obligations of the Issuer payable solely from and to the extent of the sources set forth in the Series 2018 Bonds and the Master Resolution. No provision of this Resolution, the Master Resolution, the Series 2018 Bonds, or any other instrument, shall be construed as creating a general obligation of the Issuer, or of creating a general obligation of the State of Utah or any political subdivision thereof, or as incurring or creating a charge upon the general credit of the Issuer or its taxing powers. Section 7. The Designated Officer or other appropriate officials of the Issuer, and each of them, are hereby authorized and directed to execute and deliver for and on behalf of the Issuer any or all additional certificates, documents and other papers (including, without limitation, tax compliance agreements) and to perform all other acts they may deem necessary or appropriate in order to implement and carry out the matters authorized in this Resolution and the documents authorized and approved herein. Section 8. The Issuer shall hold a public hearing on August , 2018 to receive input from the public with respect to (a) the issuance of the Series 2018 Bonds, and (b) the potential economic impact that the improvements to be financed with the proceeds of the Series 2018 Bonds issued under the Act will have on the private sector, which hearing date shall not be less than fourteen (14) days after notice of the public hearing is first published and such publication shall be made (i) once a week for two consecutive weeks in the Times Independent, a newspaper of general circulation in the Issuer, (ii) on the Utah Public Notice Website created under Section 63F-1-701, Utah Code Annotated Parameters Resolution 4 Page 274 of 284 1953, as amended, and (iii) on the Utah Legal Notices website (www.utahlegals.com) created under Section 45-1-101, Utah Code Annotated 1953, as amended. The City Recorder shall cause a copy of this Resolution (together with all exhibits hereto) to be kept on file in the City of Moab offices, for public examination during the regular business hours of the Issuer until at least thirty (30) days from and after the last date of the newspaper publication thereof. The Issuer directs its officers and staff to publish a "Notice of Public Hearing and Bonds to be Issued" in substantially the following form: Parameters Resolution 5 Page 275 of 284 NOTICE OF PUBLIC HEARING AND BONDS TO BE ISSUED NOTICE IS HEREBY GIVEN pursuant to the provisions of the Local Government Bonding Act, Title 11, Chapter 14, Utah Code Annotated 1953, as amended (the "Bond Act"), and the Utah Refunding Bond Act, Title 11, Chapter 27, Utah Code Annotated 1953, as amended (the "Refunding Bond Act" and collectively with the Bond Act, the "Act"), that on July 25, 2018, the City Council (the "Council") of the City of Moab, Utah (the "Issuer"), adopted a resolution (the "Resolution") in which it authorized the issuance of the Issuer's Wastewater Revenue and Refunding Bonds, Series 2018 (to be issued in one or more series and with such other series or title designation(s) as may be determined by the Issuer) (the "Series 2018 Bonds"), and called a public hearing to receive input from the public with respect to the issuance of the Series 2018 Bonds. TIME, PLACE AND LOCATION OF PUBLIC HEARING The Issuer shall hold a public hearing on August , 2018, at the hour of 7:00 p.m. at 217 East Center Street, Moab, Utah. The purpose of the hearing is to receive input from the public with respect to (a) the issuance of the Series 2018 Bonds and (b) any potential economic impact that the Project to be financed with the proceeds of the Series 2018 Bonds may have on the private sector. All members of the public are invited to attend and participate. PURPOSE FOR ISSUING THE SERIES 2018 BONDS The Series 2018 Bonds will be issued for the purpose of (a) financing the acquisition and construction of improvements to the Issuer's wastewater system (the "System") and all related improvements (collectively, the "Project"), (b) refunding all or a portion of the Issuer's outstanding wastewater revenue bonds (the "Refunded Bonds"), (c) funding a debt service reserve fund, as necessary, and (d) paying costs of issuance of the Series 2018 Bonds. PARAMETERS OF THE SERIES 2018 BONDS The Issuer intends to issue the Series 2018 Bonds in the aggregate principal amount of not more than Sixteen Million Seven Hundred Thousand Dollars ($16,700,000), to mature in not more than twenty (20) years from their date or dates, to be sold at a price not less than ninety-eight percent (98%) of the total principal amount thereof, and bearing interest at a rate or rates not to exceed four percent (4.0%) per annum. The Series 2018 Bonds are to be issued and sold by the Issuer pursuant to the Resolution, including as part of said Resolution, a Master Resolution (the "Master Resolution") which was before the Council at the time of the adoption of the Resolution and said Master Resolution is to be executed by the Issuer in such form and with such changes thereto as shall be approved by the Issuer; provided that the principal amount, interest rate or rates, maturity, and discount of the Series 2018 Bonds will not exceed the maximums set forth above. The Issuer reserves the right to not issue the Series 2018 Bonds for any reason and at any time up to the issuance of the Series 2018 Bonds. Parameters Resolution 6 Page 276 of 284 REVENUES TO BE PLEDGED The Series 2018 Bonds are special limited obligations of the Issuer payable from the net revenues of the Issuer's System. OUTSTANDING BONDS SECURED BY THE REVENUES The Issuer currently has $14,200,000 of bonds outstanding secured by the Revenues all of which are currently anticipated to be refunded with the proposed Series 2018 Bonds, along with an estimated $2,500,000 for new projects, for an estimated total outstanding par of $16,700,000, once the Series 2018 Bonds are issued. OTHER OUTSTANDING BONDS OF THE ISSUER Additional information regarding the Issuer's outstanding bonds may be found in the Issuer's financial report (the "Financial Report") at: http://secure.utah.gov/auditor- search/. For additional information, including any information more recent than as of the date of the Financial Report, please contact the City Manager (435) 259-5121. TOTAL ESTIMATED COST OF BONDS Based on the Issuer's current plan of finance and a current estimate of interest rates, the total principal and interest cost of the Series 2018 Bonds to be issued under the Act to finance the 2018 Project, if held until maturity, is $ A copy of the Resolution and the Master Resolution are on file in the office of the City of Moab Recorder, 217 East Center Street, Moab, Utah, where they may be examined during regular business hours of the City Recorder from 8:00 a.m. to 5:00 p.m. Monday through Friday, for a period of at least thirty (30) days from and after the date of publication of this notice. NOTICE IS FURTHER GIVEN that a period of thirty (30) days from and after the date of the publication of this notice is provided by law during which (i) any person in interest shall have the right to contest the legality of the Resolution, the Master Resolution (as it pertains to the Series 2018 Bonds), or the Series 2018 Bonds, or any provision made for the security and payment of the Series 2018 Bonds, and that after such time, no one shall have any cause of action to contest the regularity, formality, or legality thereof for any cause whatsoever. DATED this July 25, 2018. /s/Danielle Guerrero Deputy City Recorder Parameters Resolution 7 Page 277 of 284 Section 10. The Issuer hereby declares its intention and reasonable expectation to use proceeds of tax-exempt to reimburse itself for initial expenditures for costs of the Project. The Series 2018 Bonds are to be issued, and the reimbursements made, by the later of 18-months after the payment of the costs or after the Project is placed in service, but in any event, no later than three years after the date the original expenditure was paid. The maximum principal amount of the Series 2018 Bonds which will be issued to finance the reimbursed costs of the Project is not expected to exceed $16,700,000. Section 11. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its approval and adoption. Section 12. Upon the issuance of the Series 2018 Bonds, this Resolution shall be and remain irrepealable until the principal of, premium, if any, and interest on the Series 2018 Bonds are deemed to have been duly discharged in accordance with the terms and provisions of the Master Resolution. Parameters Resolution 8 Page 278 of 284 APPROVED AND ADOPTED this July 25, 2018. (SEAL) ATTEST: CITY OF MOAB, UTAH Mayor Deputy City Recorder Parameters Resolution 9 Page 279 of 284 (Here follows business not pertinent to the above.) Pursuant to motion duly made and seconded, the City Council adjourned. (SEAL) ATTEST: Mayor Deputy City Recorder Parameters Resolution 10 Page 280 of 284 STATE OF UTAH COUNTY OF GRAND I, Danielle Guerrero, the duly appointed and qualified Deputy City Recorder of the City of Moab, Utah (the "City"), does hereby certify according to the records of the City Council of the City (the "City Council") in my official possession that the foregoing constitutes a true and correct excerpt of the minutes of the meeting of the City Council held on July 25, 2018, including a resolution (the "Resolution") adopted at said meeting as said minutes and Resolution are officially of record in my possession. I further certify that the Resolution, with all exhibits attached, was deposited in my office on July 25, 2018, and pursuant to the Resolution, there will be published a Notice of Public Hearing and Bonds to be Issued (a) once a week for two consecutive weeks in the Times Independent, a newspaper having general circulation within the City, (b) on the Utah Public Notice Website created under Section 63F-1-701, Utah Code Annotated 1953, as amended, and (c) on the Utah Legal Notices website (www.utahlegals.com) created under Section 45-1-101, Utah Code Annotated 1953, as amended. IN WITNESS WHEREOF, I have hereunto subscribed my signature and impressed hereon the official seal of said City, this July 25, 2018. (SEAL) By: Deputy City Recorder Parameters Resolution 11 Page 281 of 284 EXHIBIT A CERTIFICATE OF COMPLIANCE WITH OPEN MEETING LAW I, Danielle Guerrero, the undersigned Deputy City Recorder of the City of Moab, Utah (the "City"), do hereby certify, according to the records of the City in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-202, Utah Code Annotated, 1953, as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time and place of the July 25, 2018, public meeting held by the City Council of the City (the "City Council") as follows: (a) By causing a Notice, in the form attached hereto as Schedule 1, to be posted at the principal offices of the City on July , 2018, at least twenty-four (24) hours prior to the convening of the meeting, said Notice having continuously remained so posted and available for public inspection until the completion of the meeting; (b) By causing a copy of such Notice, in the form attached hereto as Schedule 1, to be posted on the Utah Public Notice Website (http://pmn.utah.gov) at least twenty-four (24) hours prior to the convening of the meeting; and (c) By causing a copy of such Notice, in the form attached hereto as Schedule 1, to be delivered to the Times Independent pursuant to its subscription to the Utah Public Notice Website (http://pmn.utah.gov), at least twenty-four (24) hours prior to the convening of the meeting. In addition, the Notice of 2018 Annual Meeting Schedule for the City Council (attached hereto as Schedule 2) was given specifying the date, time, and place of the regular meetings of the City Council to be held during the year, by causing said Notice to be (a) posted on , at the principal office of the City Council, (b) published on the Utah Public Notice Website (http://pmn.utah.gov) during the current calendar year and (c) provided to at least one newspaper of general circulation within the City pursuant to its subscription to the Utah Public Notice Website (http://pmn.utah.gov). IN WITNESS WHEREOF, I have hereunto subscribed my official signature this July 25, 2018. (SEAL) By: Deputy City Recorder Attachments: SCHEDULE 1 - NOTICE OF MEETING SCHEDULE 2 - ANNUAL MEETING SCHEDULE Proof of Publication of Notice Bonds to be Issued A-1 Page 282 of 284 EXHIBIT B FORM OF MASTER RESOLUTION (See Transcript Document No. _) B-1 Page 283 of 284 EXHIBIT C FORM OF BOND PURCHASE AGREEMENT (See Transcript Document No. ) C-1