HomeMy Public PortalAboutPKT-CC-2018-08-28
Moab City
Council
August 28,
2018
Pre-Council Workshop
5:30 P.M.
REGULAR COUNCIL
MEETING
7:00 P.M.
Moab City Council Chambers
City Center
(217 East Center Street)
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City Council
Regular Council Meeting
City Council Chambers
Tuesday, August 28, 2018 at 5:30 p.m.
5:30 p.m. PRE-COUNCIL WORKSHOP
Discussion Regarding Parks Policies
Initial Briefing Regarding the Creation of a Community
Reinvestment Agency around the Future Utah State University
Campus
7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
SECTION 1: APPROVAL OF MINUTES
1-1 August 3, 2018
1-2 August 14, 2018
1-3 August 17, 2018
SECTION 2: MAYOR AND COUNCIL REPORTS
SECTION 3: ADMINISTRATIVE REPORTS
SECTION 4: CITIZENS TO BE HEARD
SECTION 5: PUBLIC HEARING (Approximately 7:15 p.m.)
5-1 Public Hearing To Allow Public Input Regarding The Issuance And
Sale Of Not More Than $16,7,000 Aggregate Principal Amount Of
Wastewater Revenue And Refunding Bonds, Series 2018 And Any
Potential Economic Impact That The Project To Be Financed With The
Proceeds Of The Series 2018 Bonds May Have On The Private Sector;
And Related Matters
5-2 Public Hearing and Solicitation of Public Input on Proposed Ordinance
#2015-15 – An Ordinance Modifying Business Licensing, Special Event
Permitting, and Street Performer Permitting Processes and
Requirements
217 East Center Street
Moab, Utah 84532
Main Number (435) 259‐5121
Fax Number (435) 259‐4135
www.moabcity.org
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SECTION 6: SPECIAL EVENTS/VENDORS/BEER LICENSES
6-1 Approval of a Special Event Application for the 2018 Grand County
High School Homecomeing Parade to be held on Friday, September
14, 2018 with a Fee Waiver not to exceed $10,350
SECTION 7: OLD BUSINESS
7-1 Discussion Regarding Proposed Ordinance #2018-17 – An Ordinance
Amending Moab Municipal Code Title 8 Health and Safety, Chapter
8.04 Solid Waste: Ban of the Distribution of Disposable Single Use
Plastic Bags (less than 2.25 mil in thickness)
7-2 Discussion and Follow-up on Proposed Resolution #35-2018 – A
Resolution to Adopt Guidelines and Procedures for Community
Contributions
SECTION 8: NEW BUSINESS
8-1 Approval of an Agreement for Professional Services between Mary
Woodhead and the City of Moab for the position of Appeals Authority
Land Use Hearing Officer
SECTION 9: APPROVAL OF BILLS AGAINST THE CITY OF MOAB
SECTION 10: 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
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Moab City Council Agenda Item
Meeting Date: August 28, 2018
Title: Revisions to the City of Moab Park Use Policies
Date Submitted: August 22, 2018
Presenters: David Everitt
Attachments: N/A
Possible Motion: N/A
Background/Summary:
This spring, the City Council indicated a desire to revise the City of Moab Park Use
Policies. The addition of new parks, the changing use of some parks, and a need to
ensure consistency with City Code necessitate revisions.
This document contains general park and park area (including the Millcreek Parkway)
policies, information about areas that may be reserved for exclusive use, and
park-specific policies and guidelines.
The intent of this document is to create clear expectations for users, residents, and City
staff.
The City Council will workshop this document on August 28, and once it is in an
acceptable form, may be approved via resolution. This document may be referenced in
City Code.
The working edits are located at https://tinyurl.com/y9qwrfo6
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Moab City Council Agenda Item
Meeting Date: August 28, 2018
Title: Community Reinvestment Area Interlocal Agreement with Grand County
Community Reinvestment Agency
Date Submitted: August 22, 2018
Presenters: Chris McAnany and Zacharia Levine (Grand County)
Attachments:
●Draft resolution
●Draft interlocal agreement
●Project Area Market Study
●Estimated timeline
Possible Motion: N/A, briefing only at this time.
Background/Summary:
Grand County created a Community Reinvestment Agency (“Agency”) to administer
funds derived from the Community Reinvestment Area (“CRA”) associated with the
future Utah State University-Moab campus.
Because a substantial portion of the CRA is within City limits, the Agency is required to
obtain an interlocal agreement with the City in order to administer the CRA.
This interlocal does not commit or obligate any current or future City funds to the CRA
at this time. Typically, CRAs are funded with property tax increment, but may also
receive funds from other sources, such as sales tax or a specific general fund
contribution. Those kinds of decisions will be made at a later date.
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MOAB CITY
RESOLUTION NO. 43-2018
A RESOLUTION OF THE MOAB CITY COUNCIL APPROVING AN
INTERLOCAL AGREEMENT WITH THE GRAND COUNTY
COMMUNITY REINVESTMENT AGENCY AUTHORIZING THE
AGENCY TO CONDUCT PROJECT AREA DEVELOPMENT
ACTIVITIES WITHIN THE CITY
WHEREAS pursuant to the provisions of the Interlocal Cooperation Act, Title 11,
Chapter 13, Utah Code Annotated 1953, as amended (the “ Act ”), public agencies, including
political subdivisions of the State of Utah as therein defined, are authorized to enter into
mutually advantageous agreements for joint and cooperative actions; and
WHEREAS the Grand County Community Reinvestment Agency (the “ Agency ”) and
Moab City (the “ City ”) are “public agencies” for purposes of the Act; and
WHEREAS after careful analysis and consideration of relevant information, the City
desires to enter into an interlocal agreement with the Agency (the “ Interlocal Agreement ”)
whereby the City authorizes the Agency to conduct certain project area development activities,
as authorized by Utah Code Title 17C, within Moab City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOAB CITY:
1. The Interlocal Agreement, substantially in the form attached hereto as EXHIBIT A and
with such changes as may be deemed advisable or necessary by the City, is approved and shall be
executed by the City.
2. The Interlocal Agreement shall take effect when executed by both parties.
3. Pursuant to Section 11-13-202.5 of the Act, the Agreement has been submitted, or will be
submitted prior to execution, to legal counsel for each party for review and approval as to form
and legality.
4. Pursuant to Section 11-13-209 of the Act and upon full execution of the Interlocal
Agreement, a duly executed counterpart thereof shall be filed immediately with the keeper of
records of each party.
5. This Resolution shall take effect upon adoption.
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PASSED AND ADOPTED by a majority vote of the City Council of Moab City this 28
th
day of August, 2018.
MOAB CITY
Emily S. Niehaus, Mayor
ATTEST:
Rachel Stenta, Recorder
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EXHIBIT A
CRA Creation Interlocal Agreement
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INTERLOCAL AGREEMENT by and between MOAB CITY and the GRAND COUNTY
COMMUNITY REINVESTMENT AGENCY
THIS INTERLOCAL AGREEMENT is entered into as of this ____ day of __________,
2018, by and between MOAB CITY , a political subdivision of the State of Utah (the “ City ”), and
the GRAND COUNTY COMMUNITY REINVESTMENT AGENCY , a political subdivision of
the State of Utah (the “ Agency ”).
A. WHEREAS the Agency was created pursuant to the provisions of Utah
redevelopment law, and continues to operate under the Limited Purpose Local Government Entities
– Community Reinvestment Agency Act, Title 17C of the Utah Code (the “ Act ”), and is authorized
thereunder to conduct urban renewal, economic development, community development, and
community reinvestment activities as contemplated by the Act; and
B. WHEREAS the City desires that the Agency exercise all powers granted to an
agency under the Act within the City as allowed by Utah Code § 17C-1-204(1); and
C. WHEREAS the City and the Agency have negotiated this Agreement to establish the
terms and conditions under which the Agency shall exercise the power granted to it by the Act
within the City for the purpose creating a new community reinvestment project area covering
approximately the areas shown on EXHIBIT A to this Agreement; and
D. WHEREAS the provisions of applicable Utah State law shall govern this Agreement,
including the Act and the Interlocal Cooperation Act, Title 11 Chapter 13 of the UCA, as amended
(the “ Cooperation Act ”).
NOW, THEREFORE, in consideration of the mutual promises set forth herein and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereby agree as follows:
1. Agency Authority.
a.The City hereby grants to the Agency all power and authority necessary to
accomplish the creation of a new community reinvestment project area within the City, located in
approximately the area shown on Exhibit A (the “ Proposed Project Area ”).
b.The City hereby grants to the Agency all power and authority to negotiate
with taxing entities (including the City) regarding the Proposed Project Area and to execute
interlocal agreements with said taxing entities for purposes of facilitating project area development
within the Proposed Project Area.
c.The City further grants to the Agency all power and authority that may be
reasonably necessary to accomplish the purposes of this resolution.
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2. Statutory Requirements. As set forth in Utah Code § 17C-1-402(2):
a.the Agency may act in all respects as if the Proposed Project Area were
entirely within the Agency’s boundaries;
b.the Agency board has all the rights, powers, and privileges with respect to the
Proposed Project Area as if the project area were within the Agency’s boundaries;
c.the Agency may be paid project area funds to the same extent as if the
Proposed Project Area were entirely within the Agency’s boundaries; and
d.the Moab City Council shall adopt, by ordinance, the project area plan for the
Proposed Project Area as approved by the Agency.
3. City Oversight of Agency Operations. The parties agree that the Agency shall take
only those actions contemplated by this Agreement as desired by the City as expressed to the
Agency by the Mayor of the City.
4. Waiver of Conflicts of Interest; Good Faith.The City and the Agency recognize
that the arrangement contemplated by this Agreement may present various real or perceived
conflicts of interest. The Agency and City hereby waive any such conflicts. In the event that any
such conflict arises, the City and the Agency agree to cooperate in good faith to resolve such
conflict.
5. No Third-Party Beneficiary. Nothing in this Agreement shall create or be read or
interpreted to create any rights in or obligations in favor of any person or entity not a party to this
Agreement. Except for the parties to this Agreement, no person or entity is an intended third-party
beneficiary under this Agreement.
6. Due Diligence. Each of the parties acknowledges for itself that it has performed its
own review, investigation, and due diligence regarding the relevant facts upon which this
Agreement is based, and each party relies upon its own understanding of the relevant law and facts,
information, and representations, after having completed its own due diligence and investigation.
7. Interlocal Cooperation Act. In satisfaction of the requirements of the Cooperation
Act in connection with this Agreement, the parties agree as follows:
a.This Agreement shall be authorized and adopted by resolution of the
legislative body of each party pursuant to and in accordance with the provisions of Section
11-13-202.5 of the Cooperation Act.
b.This Agreement shall be reviewed as to proper form and compliance with
applicable law by a duly authorized attorney in behalf of each party pursuant to and in accordance
with the Section 11-13-202.5(3) of the Cooperation Act.
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c.Once executed, a copy of this Agreement shall be filed immediately with the
keeper of records of each party pursuant to Section 11-13-209 of the Cooperation Act.
d.The Secretary of the Agency is hereby designated the administrator for all
purposes of the Cooperation Act, pursuant to Section 11-13-207 of the Cooperation Act.
e.The term of this Agreement shall commence on the publication of the notice
required by Section 17C-5-205 of the Act and shall continue through the date on which all of the
final payment of Tax Increment as described herein has been paid to the Agency as provided herein.
f.Following the execution of this Agreement by all parties, the Agency shall
cause a notice regarding this Agreement to be published on behalf of all parties in accordance with
Section 11-13-219 of the Cooperation Act and Section 17C-5-205 of the Act.
8. Modification and Amendment. Any modification of or amendment to any
provision contained herein shall be effective only if the modification or amendment is in writing
and signed by all parties. Any oral representation or modification concerning this Agreement shall
be of no force or effect.
9. Further Assurance. Each of the parties hereto agrees to cooperate in good faith with
the others, to execute and deliver such further documents, to adopt any resolutions, to take any other
official action, and to perform such other acts as may be reasonably necessary or appropriate to
consummate and carry into effect the transactions contemplated under this Agreement. Further, in
the event of any question regarding the calculation or payment of amounts contemplated hereunder,
the parties shall cooperate in good faith to resolve such issue.
10. Governing Law. This Agreement shall be governed by, and construed and
interpreted in accordance with, the laws of the State of Utah.
11. Interpretation. The terms “include,” “includes,” “including” when used herein shall
be deemed in each case to be followed by the words “without limitation.”
12. Severability. If any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction or as a result of future legislative action, and if
the rights or obligations of any party hereto under this Agreement will not be materially and
adversely affected thereby,
a.such holding or action shall be strictly construed;
b.such provision shall be fully severable;
c.this Agreement shall be construed and enforced as if such provision had never
comprised a part hereof;
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d.the remaining provisions of this Agreement shall remain in full force and
effect and shall not be affected by the invalid or unenforceable provision or by its severance from
this Agreement; and
e.in lieu of such illegal, invalid, or unenforceable provision, the parties hereto
shall use commercially reasonable efforts to negotiate in good faith a substitute, legal, valid, and
enforceable provision that most nearly effects the parties’ intent in entering into this Agreement.
13. Authorization. Each of the parties hereto represents and warrants to the others that
the warranting party has taken all steps, including the publication of public notice where necessary,
in order to authorize the execution, delivery, and performance of this Agreement by each. such party.
14. Term.This Agreement remain in effect until the earlier of the date on which (1) the
City creates its own community reinvestment agency and agrees to take over administration and
operation of the Proposed Project Area or (2) the Agency dissolves the Proposed Project Area
pursuant to the Act. This Agreement shall automatically terminate if the project area plan for the
Proposed Project Area has not been fully approved and adopted by Agency resolution and City
ordinance on or before December 31, 2019.
15. Time of the Essence.Time shall be of the essence in the performance of this
Agreement.
16. Incorporation of Recitals. The recitals set forth above are hereby incorporated by
reference as part of this Agreement.
17. Incorporation of Exhibits. The exhibits to this Agreement are hereby incorporated
by reference as part of this Agreement.
18. Contra Proferentem.The parties agree that each party has reviewed and
participated in the drafting of this Agreement with the assistance of legal counsel and therefor the
wording of this Agreement shall no be construed against either party as the drafter.
19. Counterparts . This Agreement may be executed in counterparts, each of which
shall be deemed to be an original, but all of which, taken together, shall constitute one and the same
agreement.
20. Entire Agreement. This Agreement constitutes the entire agreement of the parties as
to the subject matter described herein.
ENTERED into as of the day and year first above written.
[Remainder of page intentionally left blank; signature pages to follow]
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MOAB CITY
Emily Niehaus, Moab Mayor
ATTEST:
Rachel Stenta, City Recorder
Attorney Review for the City:
The undersigned, as counsel for Moab City, has reviewed the foregoing Interlocal Agreement and
finds it to be in proper form and in compliance with applicable state law.
________________________________
Name:
Attorney for Moab City
[signatures continue on next page]
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[additional signatures to Interlocal Agreement]
GRAND COUNTY COMMUNITY
REINVESTMENT AGENCY
By: ________________________________
Name:
Title:
ATTEST:
Name:
Title:
Attorney Review for the Agency:
The undersigned, as attorney for the Grand County Community Reinvestment Agency, has reviewed
the foregoing Interlocal Agreement and finds it to be in proper form and in compliance with
applicable state law.
_______________________________
Adam S. Long
Attorney for the Grand County Community Reinvestment Agency
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EXHIBIT A
Approximate CRA Map
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ZIONS PUBLIC FINANCE, INC.
City of Moab
USU Project Area Market Study
Prepared by
Zions Public Finance, Inc.
July 27th, 2017
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One South Main Street, 18th Floor, Salt Lake City UT 84133-1904 Telephone: 801.844.7373 Fax: 801.844.4484
The following report highlights conclusions of a study completed by Zions Public Finance, Inc. (ZPFI)
regarding the potential formation of a Community Reinvestment Area (CRA) in Moab. This study is
essential to understanding the potential amount of tax increment that could be generated through a CRA.
Executive Summary
This analysis has considered the study area defined on the associated maps. The anticipated placement
of the USU extension campus is noted, which is a key feature dictating future demand and absorption of
residential and commercial uses in the area. The findings are summarized below:
• University extension centers in other parts of the state have been economic drivers for certain
sectors, including new needs for residential housing;
• Affordable housing has become less feasible due to high labor costs and overall shortages in the
construction labor market. There are opportunities, however, for housing that can better meet
the needs of the existing workforce in Moab;
• Demands for student housing will be moderate, with comparable communities showing that
commercial uses will also be eventually supported, albeit at fairly nominal amounts;
• Absorption in the area will initially be limited, but will increase with more critical mass in the
neighborhood and development from USU;
• Historical records show limited absorption and new growth. The USU Moab site, however, will
result in a draw to the area that will aid growth at a more rapid pace;
• Upwards of 20 to 25 new residential units per year can be anticipated within the study area for
the first few years of study, while an overall increase of near 10,000 square feet of retail and
near 4,500 square feet of office space are estimated to gradually be built within the next 20
years;
• Construction costs and land prices for the study area will result in initial market values near
$200,000 to $260,000 per unit. Current mortgage rates result in these types of homes being
available to earners of $40,000 or more per year.1 But HUD guidelines for affordability suggest
that no more than 30 percent of income be spent on housing and utilities; and
• The second-home market is currently healthy throughout Utah, particularly in tourism-heavy
locations. Recent years have shown an increase in second-home construction in Moab, and the
potential of additional secondary units in the study area is considered herein.
Market Study Summary
As reflected on the map, a significant amount of open space exists in the area, with primarily residential
uses and limited commercial comprising the neighborhoods. The main thoroughfare bisects the study
area, and is a key component in determining the feasibility of future uses.
Economic conditions in Moab are favorable at present in most sectors, due largely to an expanding
tourism industry and strong, overall economic conditions in the State of Utah. Moab, however, has
notably differing demographics than the State, which presents unique challenges and opportunities.
1 Assumes 20% down payment, solid credit rating, and rates at current levels under 4.0%.
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Zions Public Finance, Inc. | July 2017
USU Reinvestment Study Area | Moab, Utah
Median ages are higher than the State, household sizes are notably lower, and population growth is
more subdued than statewide. Affordability indexes note some barriers to entry for new employment
and/or employment that pays wages near median levels.
Maps included in this summary show the current delineation of commercial and residential properties.
Primarily, commercial uses are situated along Highway 191, the major thoroughfare in the area.
Residential neighborhoods are found on both sides of the right-of-way, as are areas of vacant land. The
following map shows a color-coded breakout of residential and commercial properties, with the more
detailed study area showing an overall lack of development. While some commercial and residential
properties are noted on the borders of the potential CRA, the space is primarily characterized by open
area. It is also notable that the study area represents the largest developable area in the downtown
region, suggesting significant opportunity for focused growth.
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Zions Public Finance, Inc. | July 2017
USU Reinvestment Study Area | Moab, Utah
Vacant parcels are highlighted on the associated map within the project area, as well as throughout the
City. While a significant amount of vacant area is still available, a large majority is removed from
downtown, and/or has slope-related issues. Consequently, those sites are less desirable than the
project area. Active brokers and developers in the area note that the property surrounding the campus
area include some of the most desirable large tracts in the City.
Existing housing product in Moab shows limited new construction, although the majority of newer
projects are in close proximity to the subject study area. The associated map highlights the age of
residential units built, with the red and orange coloring noted to be fairly concentrated near the USU
campus development area. Brokers active in Moab report that there is a lack overall of affordable,
newer housing stock in the City, and that significant portions of the older product that are reasonable in
terms of price, are in conditions that would require significant renovation. Demand exists for homes
less than 2,500 square feet at prices that correlate to median incomes.
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Zions Public Finance, Inc. | July 2017
USU Reinvestment Study Area | Moab, Utah
Historical absorption shows the following for construction of residential properties in Moab, per the
County Assessor.
TABLE 1: NEW RESIDENTIAL CONSTRUCTION BY YEAR
Historical New Construction 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016
Moab and Surrounding Area - Assessor Data 101 117 82 124 37 28 61 46 61 58 77 48
Just Moab 16 15 29 15 22 27 37 31
Construction within Moab and the surrounding areas, as reported by the Assessor, has averaged 58
units per year over the past five years. For just Moab, based on Assessor data, the average is shown at
24 units.
The demand for new residential units can be estimated by using historical data, as well as assumed
population growth. Historical and projected future trends show annual population growth at 0.5 to 0.75
percent. As shown on the attached spreadsheet, this amounts to increases of near 25 to 40 residents
per year. Average household sizes are presently represented in Moab at 2.3, suggesting an annual need
for near 13-15 units citywide. Historical construction for just Moab is noted to be significantly higher, at
24 units per year over the past eight years. Some of the new construction is replacement of existing
inventory or non-primary residential units, and consequently does not represent population growth.
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Zions Public Finance, Inc. | July 2017
USU Reinvestment Study Area | Moab, Utah
Second-home construction is noted to have increased significantly in the past two years, following a
trend that appears to be occurring throughout Utah, particularly in tourism-focused locations. Second
homes typically do not occur due to increases in employment offerings, but rather as tourism
communities become more established and provide necessary services and amenities. For Moab, the
following table highlights recent years of second home construction, and the percentage of these homes
compared to total construction:
TABLE 2: SECOND HOME CONSTRUCTION IN MOAB
Consideration is given for the amount of capture that the subject study area will garner of the citywide
demand. Again, while other vacant land parcels do exist within the City, the project area represents a
desirable area with a notable draw, and is in a submarket that has experienced some new residential
construction in past years. Brokers interviewed for this assignment suggested that the property could
capture as much as 50 to 100 percent of new construction in the next five to ten years. Complete
capture appears to be overly optimistic based on the amount of vacant land in other areas. A rate of 70
percent is utilized herein for purposes of this study. At a capture rate of 70 percent, a total of roughly 9
to 17 units could be absorbed in the area per year, based on historical construction trends and forecast
population growth.
Second Homes - New Construction 2011 2012 2013 2014 2015 2016
Number of second homes built 19 9 14 9 53 25
Percent of second homes to total new construction 31% 20% 23% 16% 69% 52%
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Zions Public Finance, Inc. | July 2017
USU Reinvestment Study Area | Moab, Utah
Consideration is made for increased population growth based on the USU plans. Upwards of 500
students have been forecast, and the lack of neighboring communities suggests that a number of these
students may not be transitory. Most other extension centers throughout the State are in areas of more
dense population or have more population within acceptable driving times. Consequently, while they
influence housing and commercial property markets, the USU extension in Moab has more potential to
create real estate needs. Nonetheless, most extension centers have offerings that only require students
to attend the campus a few times per week, thereby allowing for concurrent employment situations
and/or transit back home to other communities. Median ages at extension campuses are notably higher
than at traditional facilities, with the populace often returning to school to complete unfinished degrees
or to obtain additional, specialized training.
If USU Moab results in creating a more educated workforce, an expansion of job possibilities will occur.
Furthermore, jobs associated with USU will create housing needs and expand population at rates that
are beyond those presently forecast. Consequently, the previous range of 9 to 17 units per year in the
study area is potentially low, due to the likelihood of population growth. Furthermore, as noted above,
second home construction appears to be on the rise in Moab, and is additionally increasing throughout
numerous communities in Utah. Consequently, this analysis utilizes 20 to 25 units per year for the initial
five years, and then 25 to 30 units per year after that period. An initial “bump” is considered, as new
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Zions Public Finance, Inc. | July 2017
USU Reinvestment Study Area | Moab, Utah
construction often results in a period of pent-up demand. It also considers that there are numerous
entitled projects for the area. However, with the reported phasing of the campus, the impact may not
be significant in initial years.
Competitive markets have shown that more rapid growth often occurs after the first few developments
have been established. A housing community in Wasatch County that neighbors a Utah Valley
University extension center saw moderate growth in the first few years following completion of the
educational facilities. As the campus has become a more permanent fixture in the area, demand for
housing has increased. Additional residences are being constructed right now at absorption rates above
those following the first few years after development.
Current entitlements are also briefly considered. A significant number of housing units are entitled for
the study area, with projects ranging in size from roughly 70 to upwards of 400 units. While these
developer actions suggest healthy interest in the area, they do not equate to near-term or future needs.
Developers seek as many entitled units as possible, allowing for future flexibility and maximizing value.
The driver of whether these entitlements will come to fruition will be employment, as is the case in
other communities throughout Utah. While the campus will certainly provide for employment growth,
this has previously been considered in the absorption estimates.
The potential for apartments is herein discussed. Some students will require apartment living, or,
shared housing. Traditional universities result in solid demand for nearby housing, while extension
centers have historically had nominal impact for student residences. The ability for students to attend
for only a few days during a week creates opportunities for commuting. If enough critical mass is
ultimately achieved at the USU campus, then eventual apartment construction may be feasible. It will
likely be limited, however, unless program offerings are such that students find commuting
cumbersome.
The prevalence of temporary rentals, shared housing, and opportunities such as Airbnb, are noted to be
significant in Moab. The tourism industry has resulted in a strong supply of temporary rentals, with
rates of standard units currently slightly prohibitive of significant new apartment construction. The
availability of second homes in Moab has also created a rental market that allows for low-cost
opportunities in the area. Consequently, no apartment construction is initially forecast for the area
without more concrete plans of USU program offerings and student growth projections.
Construction costs, as gathered from active firms in Grand County and throughout the State of Utah,
show potential values for residential development. Land costs were also estimated, based on available
properties, recent sales, and broker representations. Total costs of construction, plus adequate profit
for development, result in potential market values near $130 per square foot. Some sources indicate
prices as low as $110 a square foot, while others were in excess of $150 to $160 per square foot. The
availability of labor is a key component in the present market, as material costs have remained fairly
stable, but labor shortages have caused employment costs to escalate. Considering median home sizes
between 1,500 and 2,000 square feet, market values are suggested from near $200,000 to $260,000.
This also suggests minimal lot sizes, as the profit margins require some moderate housing density in
order to be financially feasible. Overall, current mortgage rates suggest that earners of incomes in
excess of $40,000 could qualify for loans at the noted price ranges.
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Zions Public Finance, Inc. | July 2017
USU Reinvestment Study Area | Moab, Utah
Commercial property needs are also considered in this analysis. Extension centers in other parts of the
State have not spurred significant retail and office construction, but they have nonetheless promoted
some new, supporting development. The amount of planned, new residences will also create some
additional retail needs, with historical trends suggesting near 20 to 25 square feet of retail space per
resident. This amount is somewhat high for smaller cities that don’t have critical mass to support all
retail types. However, Moab’s healthy tourism market results in demographics that create different
opportunities for retailers than most other cities. The appeal of the USU extension center will be solid
for retailers, as it will create continuous daytime activity and will result in a destination location.
Retailers will consider spaces based on traffic counts (visibility and exposure), existing and planned
population within a 0.5 and 1.0-mile radius, and median incomes in those same study areas. Retailers
and retail development firms were surveyed in Cache, Summit, Wasatch, Washington, Davis, Salt Lake,
and Weber Counties for sites near campus extension facilities. The campus will aid in creating additional
traffic flow, and will be the draw for increased population. If 60 residences are needed in the next three
years (absorption of 20 units per year), then population increases could support more than 2,500 square
feet of retail. While this retail could be built in other parts of the City, the amount of daily student
population suggests additional support for the study area. The associated spreadsheet highlights
potential absorption of upwards of 10,000 square feet of retail space over the next 15 to 20 years.
Page 23 of 269
9
Zions Public Finance, Inc. | July 2017
USU Reinvestment Study Area | Moab, Utah
Some consideration is also made for office space. Various professional services will be needed in the
area with the expansion of residences and campus facilities. Several of the surveyed campus extension
cities in this analysis indicated that need for small offices had arisen to serve demand from the
immediately surrounding residents. These include dental offices, insurance, accounting, and other
office and quasi-service commercial uses. For this analysis, a total of 4,500 square feet is estimated
throughout a 20-year period.
Finally, the included spreadsheet shows assumptions for the cost of office and retail construction.
Development costs include land prices, hard and soft costs, and an appropriate profit. The result is
estimated market values upon completion of construction. These costs are taken from construction
estimating services, as well as active developers in the market. Achievable costs for retail are shown at
$150 per square foot, and $180 per square foot for office space.
Page 24 of 269
Moab Project AreaYear 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 Year 16 Year 17 Year 18 Year 19 Year 20Absorption ‐ Unit TypeResidential ‐ Single Family ‐ Primary30 15 15 20 20 20 20 20 20 25 25 25 25 25 25 25 25 25 25 25 Residential ‐ Second Home10 5 5 5 5 7 7 7 7 5 5 5 5 5 5 5 5 5 5 5 Retail2,500 2,500 5,000 Office1,500 1,500 1,500 Total Residential Units30 45 60 80 100 120 140 160 180 205 230 255 280 305 330 355 380 405 430 455 Total Retail Space‐ ‐ 2,500 2,500 2,500 2,500 2,500 5,000 5,000 5,000 5,000 5,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 Total Office Space‐ ‐ ‐ ‐ 1,500 1,500 1,500 1,500 1,500 3,000 3,000 3,000 3,000 3,000 4,500 4,500 4,500 4,500 4,500 4,500 Cost Per Square FootResidential ‐ Per Square Foot$130.00$133.25 $136.58 $140.00$143.50$147.08 $150.76 $154.53 $158.39 $162.35 $166.41 $170.57 $174.84$179.21 $183.69 $188.28 $192.99 $197.81 $202.76 $207.82Retail $150.00$153.75 $157.59 $161.53 $165.57 $169.71 $173.95 $178.30$182.76 $187.33 $192.01 $196.81 $201.73 $206.78 $211.95 $217.24$222.68 $228.24$233.95 $239.80Office$180.00$184.50$189.11 $193.84$198.69 $203.65 $208.74$213.96 $219.31 $224.80$230.42 $236.18 $242.08 $248.13 $254.34$260.69 $267.21 $273.89 $280.74$287.76Annual Inflation 2.5%Cost Per UnitResidential ‐ Average Size2,000 $260,000$266,500$273,163 $279,992$286,991$294,166$301,520$309,058$316,785 $324,704$332,822$341,143 $349,671$358,413 $367,373 $376,558$385,971$395,621$405,511$415,649Residential ‐ Average Size1,500 $195,000$199,875 $204,872$209,994$215,244$220,625 $226,140$231,794$237,589$243,528$249,616$255,857$262,253 $268,810$275,530$282,418$289,479$296,716$304,133 $311,737Retail (divisible)2,500 $375,000$384,375 $393,984$403,834$413,930$424,278$434,885 $445,757$456,901$468,324$480,032$492,032$504,333 $516,942$529,865 $543,112$556,690$570,607$584,872$599,494Office 1,500 $270,000$276,750$283,669$290,760$298,029$305,480$313,117$320,945 $328,969$337,193 $345,623 $354,263 $363,120$372,198$381,503 $391,041$400,817$410,837$421,108$431,636PROPERTY VALUATION ANALYSISMarket Value ‐ New Construction by YearResidential ‐ Single Family$7,800,000$3,997,500$4,097,438$5,599,831$5,739,827$5,883,323$6,030,406$6,181,166$6,335,695$8,117,609$8,320,550$8,528,563$8,741,777$8,960,322$9,184,330$9,413,938$9,649,287$9,890,519$10,137,782$10,391,226Residential ‐ Second Home$2,600,000$1,332,500$1,365,813$1,399,958$1,434,957$2,059,163$2,110,642$2,163,408$2,217,493$1,623,522$1,664,110$1,705,713$1,748,355$1,792,064$1,836,866$1,882,788$1,929,857$1,978,104$2,027,556$2,078,245Retail$0 $0 $393,984$0$0$0$0 $445,757$0$0$0$0 $1,008,667$0$0$0$0$0$0$0Office$0$0$0$0 $298,029$0$0$0$0 $337,193$0$0$0$0 $381,503$0$0$0$0$0Taxable Value by YearResidential ‐ Single Family$4,290,000$2,198,625$2,253,591$3,079,907$3,156,905$3,235,827$3,316,723$3,399,641$3,484,632$4,464,685$4,576,302$4,690,710$4,807,978$4,928,177$5,051,381$5,177,666$5,307,108$5,439,785$5,575,780$5,715,174Residential ‐ Second Home$2,600,000$1,332,500$1,365,813$1,399,958$1,434,957$2,059,163$2,110,642$2,163,408$2,217,493$1,623,522$1,664,110$1,705,713$1,748,355$1,792,064$1,836,866$1,882,788$1,929,857$1,978,104$2,027,556$2,078,245Retail$0 $0 $393,984$0$0$0$0 $445,757$0$0$0$0 $1,008,667$0$0$0$0$0$0$0Office$0$0$0$0 $298,029$0$0$0$0 $337,193$0$0$0$0 $381,503$0$0$0$0$0Cumulative Taxable ValueResidential ‐ Single Family$4,290,000$6,488,625$8,742,216$11,822,123$14,979,028$18,214,855$21,531,578$24,931,220$28,415,852$32,880,537$37,456,839$42,147,549$46,955,527$51,883,704$56,935,085$62,112,751$67,419,859$72,859,644$78,435,424$84,150,598Residential ‐ Second Home$2,600,000$3,932,500$5,298,313$6,698,270$8,133,227$10,192,390$12,303,032$14,466,440$16,683,933$18,307,455$19,971,565$21,677,278$23,425,633$25,217,698$27,054,564$28,937,351$30,867,209$32,845,312$34,872,869$36,951,114Retail$0 $0 $393,984$393,984$393,984$393,984$393,984$839,742$839,742$839,742$839,742$839,742$1,848,408$1,848,408$1,848,408$1,848,408$1,848,408$1,848,408$1,848,408$1,848,408Office$0 $0 $0 $0 $298,029$298,029$298,029$298,029$298,029$635,222$635,222$635,222$635,222$635,222$1,016,725$1,016,725$1,016,725$1,016,725$1,016,725$1,016,725TOTAL$6,890,000$10,421,125$14,434,513$18,914,378$23,804,269$29,099,259$34,526,624$40,535,431$46,237,556$52,662,956$58,903,368$65,299,791$72,864,791$79,585,032$86,854,782$93,915,236$101,152,201$108,570,090$116,173,426$123,966,846Page 25 of 269
CRA Timeline (revised 2018-08-09)
Date Action Responsibility
ASAP Prepare map and legal description of project area Agency
December 5, 2017 Adopt survey area resolution (1) designating proposed Project Area and (2) authorizing preparation of Project Area Plan (and
Budget). Smith Hartvigsen will draft and provide the resolution for adoption.Agency
ONGOING Prepare draft project Plan and Budget ZBPF
ASAP Compile list of property owners within the Project Area ZBPF
Begin anytime and
complete ASAP Negotiate and draft Interlocal Agreements with participating taxing entities.Joint
Before August 17, 2018 Review and finalize draft Plan and Budget Joint
August 17, 2018
Smith Hartvigsen will mail at least 30 days before the hearing to each record owner of property within the proposed Project
Area (as shown in county recorder records obtained no more than 30 days prior to mailing), the State Tax Commission the
County Assessor, the County Auditor, State Board of Education, and each taxing entity
SH
August 17, 2018 Make draft Plan and Budget available for review at Agency offices Agency
August 28, 2018 Moab City approves interlocal agreement authorizing the Grand County Redevelopment Agency to conduct project area
development activities within Moab city limits (per § 17C-1-204)Joint
Before August 31, 2018
(send to newspaper on
August 17)
Publish: Notice of Plan hearing and Budget hearing (at least 14 days before hearing).
Smith Hartvigsen will submit notice to newspaper by publication deadline SH
September 18, 2018
AGENCY MEETING
Approve interlocal with Moab City authorizing the Agency to do project area development in Moab city limits.
Combined Public Hearing to allow public comment, to receive all written and hear all oral objections on the draft Project
Area Plan and Project Area Budget
Agency Resolutions (prepared by Smith Hartvigsen):
a. Resolution Adopting the Draft Project Area Plan as the Official Project Area Plan.
b. Resolution Adopting the Draft Project Area Budget as the Official Project Area Budget.
POSSIBLE: Resolution approving the interlocal agreements with taxing entities (tentative)
Joint
September 18, 2018
COUNTY COUNCIL MEETING
Ordinance (prepared by Smith Hartvigsen) adopting the Plan, and calling for publication of the ordinance (or a summary)
with a statement that the Plan is available for public inspection.
POSSIBLE: Resolution approving interlocal agreement with Agency
Joint
September 25, 2018
MOAB CITY COUNCIL MEETING
Ordinance (prepared by Smith Hartvigsen) adopting the Plan, and calling for publication of the ordinance (or a summary)
with a statement that the Plan is available for public inspection.
POSSIBLE: Resolution approving interlocal agreement with Agency
Joint
ASAP after
Agency/Council meeting
(no later than October
18)
The Agency records with the County Recorder a document (prepared by Smith Hartvigsen) containing:
A description of the land within the project area,
A statement that the project area plan for the project area has been adopted, and the date of adoption.
SH
ASAP after
Agency/Council meeting
(no later than October
18)
The Agency (completed by Smith Hartvigsen) transmits to the Automated Geographic Reference Center:
A copy of the project area description, and
An accurate map or plat of the project area boundaries,
SH
ASAP after
Agency/Council meeting
(no later than October
18)
The Agency (completed by Smith Hartvigsen) also transmits a copy of the project area description, a copy of the ordinance
adopting the plan, and an accurate map or plat of the project area boundaries, to each of the following:
the County Auditor,
the County Recorder,
the County Attorney,
the County Surveyor,
the County Assessor,
the State Tax Council,
the State Board of Education, and
each taxing entity.
SH
ASAP after
Agency/Council meeting
(no later than October
18)
Within 30 days after the day on which an Agency adopts a community reinvestment project area budget, the agency shall file
a copy of the community reinvestment project area budget with:
(1) the State Tax Commission;
(2) the State Board of Education;
(3) the state auditor;
(4) the auditor of the county in which the community reinvestment project area is located; and
(5) each taxing entity affected by the agency's collection of project area funds under the community reinvestment project
area budget.
SH
Immediately after
Agency/Council meeting
The Agency publishes a Statement that the Ordinance Adopting Plan was passed and the Plan is available for general public
inspection during the regular business hours. Publication triggers the beginning of the 30-day contestability period.SH
TBD Interlocal approvals by taxing entities Agency
TBD Agency approval of interlocals Agency
No later than 30 days
after interlocal
agreement(s) fully
executed
The Agency also transmits (completed by SH) a copy of the adopted Interlocal Agreements (with approving Resolutions) to
each of the following:
the County Auditor,
the State Auditor,
the State Board of Education,
the State Tax Council, and
each taxing entity.
SH
No later than 30 days
after interlocal
agreement(s) fully
executed
The Agency publishes joint notices of each interlocal agreement on the Public Notice Website and in the newspaper.SH
ASAP after interlocal
agreement(s) fully
executed
Smith Hartvigsen completes attorney certification for each interlocal agreement SH
Begin anytime and
complete ASAP Negotiate and draft participation agreement(s) (if applicable)JOINT
TBD Review & Close out project record SHPage 26 of 269
Page 1 of 5
August 14, 2018
MOAB CITY COUNCIL MINUTES--DRAFT
REGULAR CITY COUNCIL MEETING
AUGUST 14, 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, Tawny Knuteson-Boyd and Karen Guzman-Newton. Also in attendance were City
Manager David Everitt, City Recorder/Assistant City Manager Rachel Stenta, City Attorney
Chris McAnany, Communications Director Lisa Church, Treasurer Jennie Ross, Public Works
Director Pat Dean, Police Chief Jim Winder, Senior Project Manager Tracy Dutson, City
Engineer Chuck Williams, Moab Arts and Recreation Center Director Meg Stewart and Records
Specialist Eve Tallman.
Workshop: Mayor Niehaus called the workshop to order at 6:30 PM. The workshop consisted
of a discussion regarding the City Park policy. The Council conducted an exercise to edit the
policy, including a clarification about which parks and structures are able to be reserved or used
for special events. Mayor Niehaus asked Counsel for information regarding any specifics
regarding the use of Swanny Park at the time the property was deeded to the City. Discussion
ensued regarding whether to treat Swanny Park differently regarding noise and disturbance due
to its proximity to residences. Councilmember Jones brought up the lack of clarity regarding
opening hours for parks. There were comments about changing rules which currently prohibit
dogs at Rotary Park. The prospect of a $1,000 fine for dog violations was discussed.
Regular Meeting: Mayor Niehaus called the Regular City Council Meeting to order at 7:00
PM and led the Pledge of Allegiance. Sixteen members of the public and media were present.
Approval of Minutes: Councilmember Derasary moved to approve the minutes of the July
25, 27 and 30, 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 Veterans’ Charity Ride, the
recent visit by Representative John Curtis, a School Board meeting she attended, an exercise
aimed at managing incidents led by Chief Winder, and a Round Table on opioid abuse she
attended along with Representative Curtis.
Councilmember Derasary reported on a TrailMix meeting she attended at which it was noted
TrailMix staff were in the process of becoming County employees. She suggested inviting Russ
von Koch to address the City about the Uranium Mill Tailings Remedial Action (UMTRA) site
vision in advance of a City Council resolution. She also suggested inviting the property rights
ombudsman to address the Council and Planning Commission. It was suggested an upcoming
joint meeting would be a suitable venue.
Councilmember Duncan reported on a meeting he attended of the Grand Water and Sewer
Services Agency (GWSSA) board. He noted GWSSA is in the process of acquiring paper water
rights for approximately 300 Acre Feet (AF) from a private citizen for more than $150,000. He
added that Kens Lake has gone dry. He concluded with condolences about a code enforcement
officer in Salt Lake City who was killed in the line of duty.
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August 14, 2018
Councilmember Knuteson-Boyd mentioned the joint City and County Council meeting with Rep.
Curtis as well as the Town Hall, and she noted an Interfaith Coalition meeting she attended
where she learned of the effort to provide back-to-school backpacks for youth in collaboration
with Rotary Club and the Moab Valley Multicultural Center. She also learned about the needs of
the Food Bank and stated she would obtain a list of those needs. She concluded with a mention
of children who are left unattended at the public library for long days without food; upon
learning a library staff member was providing snacks from personal funds, an effort has begun
to provide healthy snacks to kids at the library. She suggested the City could sponsor a month’s
snacks.
Councilmember Guzman-Newton also mentioned the joint City and County meeting with Mr.
Curtis. She noted the tools available from the federal government and advocated for creating a
stronger voice through collaborative efforts with Grand County. She reported on a meeting she
had with Lianna Etchberger, Executive Director of Utah State University—Moab (USU), where
constituent concerns were discussed. Guzman-Newton stated Etchberger’s stance is that USU
provides for the higher education needs of the community, not USU’s needs for Moab. She
mentioned an invitation for a field trip to Vernal to see the campus there. Guzman-Newton
suggested Dr. Etchberger seeks to make a presentation to Council. Guzman-Newton concluded
with a report on the Airport Board, which awarded a contract for a tie-down pad at the airport.
Councilmember Jones reported he attended a few Solid Waste District meetings and noted a
staffing crisis as well as an effort to plan for a recycling transition. Jones mentioned meeting
with recycling personnel in Grand Junction. He also attended Dark Sky meetings with code
consultants.
Administrative Report: Chief Winder stated he had conducted interviews for the domestic
violence advocate position. He reported on a training at Seekhaven conducted by the Domestic
Violence Coalition regarding LGBTQ persons. He mentioned the recent spate of passed
counterfeit bills and he concluded with an overview of the workshop he conducted for multiple
law enforcement agencies to prepare for lockdown procedures and school safety.
City Manager Everitt reported on progress regarding the Assured Housing Policy, preparing the
Title 5 Code Revisions for public hearing, work on Title 17, and his intention to create a city-
wide fee schedule for any and all fees charged by the City. He mentioned the need for
consolidated definitions in the code. He suggested scheduling a joint City and County Council
meeting to discuss joint legislative lobbying efforts. Everitt also noted the need for a special
meeting later in the week to award a contract for the 100 West Improvements Project. He also
reminded Council of the need to schedule another Conditional Use Workshop.
Citizens to be Heard: Joe Kingsley spoke about his membership on the Grand County
Transportation Committee. He stated Councilmember Guzman-Newton is also a member. He
announced possible rail service from Southeastern Utah including Moab to Salt Lake City. He
noted there is a feasibility study in progress regarding rail service Thursdays through Sundays.
He asked for the Council’s support for this five-year effort.
Kingsley also spoke about the fantastic impact a rural college has on a town. He also mentioned
a barter coin campaign to raise funds. He concluded that, in reference to the recent code
enforcement officer fatality, that he was physically threatened here in Moab during the 2008
neighborhood cleanup effort for which he volunteered.
Michael Toninelli spoke about the need for the City to better notify residents of annexations,
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August 14, 2018
including locations of proposed annexations and proposed changes in zoning for annexed areas.
He requested that residents who are required to be notified sign something to prove they
received the information. He encouraged the City Council to finish the conditional use code
revisions and to clean up definitions. He questioned how zones and codes could be ignored,
changed, or not adhered to. Toninelli indicated a City Council member stated it is not a time for
code, it is a time for action. He concluded that everybody’s looking out for developers and
affordable housing and [the Council] is looking out for community members and he asked
Councilmembers to reflect on how much their decisions affect people.
Christy Calvin provided written comments: 1) “I believe that a cumulative impact study,
particularly for special events at our parks, must be completed before the Council can effectively
consider revising park use policies.” 2) “Slacklining should not be allowed on any trees in any
city parks—as a general observation, most slackliners are not adequately protecting trees nor are
they using large enough trees.” 3) “Reservation times (see ‘Reservation Parks’ section, bullet no.
6) should take into account noise and how it affects surrounding neighborhoods—7:00 AM is
too early and 10:00 PM is too late for groups to be making noise (as groups do) in the park. I
suggest 8:00 AM to 8:00 PM for general use and 9:00 AM to 5:00 PM for any sound
amplification.” 4) “Please keep Moab city parks dog free!! It’s safer for small children and much
easier to enforce “no dogs” than trying to enforce leashes and poop pickup. Also, dog urine kills
grass—and given the volume of use our parks get, they will be covered by unsightly yellow
patches in no time. Thank You!”
Planning Commission Appointment: (1:13 on recording)
Councilmember Derasary moved to confirm the Mayoral Appointment of David Cool to the
Planning Commission for a fill-in term ending December 31, 2020. Councilmember Knuteson-
Boyd seconded the motion. It was explained the term is eligible for reappointment. The motion
passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman-Newton and
Duncan voting aye.
Presentation by Girl Scouts: Michele Hill praised City Staff member Chace Gholson for his
efforts to maintain the Girl Scout house, for which the City holds the deed and pays the utilities.
She noted Gholson’s efforts toward the installation of a new cooling unit that was partly funded
by a Make A Difference grant from WabiSabi. In addition, scout Kaylan Young described her
Gold Award service project called KK’s Book Houses, which are free tiny libraries for youth
placed at Cinema Court and at the T&H Corner Store. She said she was working with library
staff to encourage reading among children. She stated she is a new USU student. Hill concluded
that the Girl Scouts build confidence and courage in local girls.
Special Events/Vendors/Beer Licenses:
LaSal Mountain Coffee Roaster—Approved
Motion and Vote: Councilmember Guzman-Newton moved to approve a Private Property
Vendor License for Tim Buckingham, doing business as LaSal Mountain Coffee Roaster, located
at 1393 N. Highway 191 for a term of August 15 to November 30, 2018. Councilmember
Knuteson-Boyd seconded the motion. The motion passed 5-0 aye with Councilmembers Jones,
Derasary, Knuteson-Boyd, Guzman-Newton and Duncan voting aye.
Old Business:
Ban of Single-Use Plastic Bags—Discussion
City Attorney McAnany requested an opportunity to review codification and enforcement issues
including any amendments of the proposed ordinance. Councilmember Jones asked about
whose responsibility it would be to reach out to the community. Mayor Niehaus stated she does
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Page 4 of 5
August 14, 2018
not expect staff to do it. Councilmember Duncan stated public awareness is an issue.
Councilmember Derasary suggested including boxes in a list of acceptable alternatives to single-
use plastic bags. Councilmember Knuteson-Boyd requested that the purpose of the proposed
ban should be stated and she expressed her concern that as a Council and as a City there is more
to be done regarding educating the public about littering. Councilmember Guzman-Newton
asked if a fee could be charged by businesses for bags and it was explained the Utah Legislature
banned municipalities from collecting a tax on bags. She also brought up a film for youth about
the environmental hazards of plastic bags. When asked, City Manager Everitt stated
Communications Director Church would assist with the public education campaign.
Councilmember Derasary mentioned there is a donor interested in the public education effort
and she also stated her interest in passing the ordinance before the upcoming legislative session.
The timeline proposed edits to the proposed ordinance prior to the next Council meeting for
presentation, then outreach to the community in the weeks following and consideration for
approval at the September 10 Council meeting.
Wastewater Service Rates—Approved
Discussion: Councilmember Knuteson-Boyd described negative comments regarding the
proposed change to billing methods and asked whether there would be an opportunity to amend
the rates in the future. The answer was yes. Mayor Niehaus thanked City Engineer Williams for
the effort. Councilmember Duncan concurred. Councilmember Derasary asked why multi-family
and nightly rental rates don’t go up with volume but other rates do. Councilmember Jones also
mentioned the smaller increments for increases in coming years for multi-family and nightly
rental rates compared to other users.
Motion and Vote: Councilmember Jones moved to approve Proposed Resolution #33-
2018 – A Resolution Establishing Wastewater Service Rates. Councilmember Guzman-Newton
seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary,
Knuteson-Boyd, Guzman-Newton and Duncan voting aye.
Community Contributions—Discussion
City Manager Everitt recapped the progress of the effort to establish guidelines for funding
worthwhile community programs and special events in lieu of fee waivers. Mayor Niehaus noted
the effort started with a hesitancy on the part of Council to waive fees and an interest in collating
community contributions. Councilmember Derasary stated she likes the former system and
discussion ensued about TrailMix, a group for which she serves as the City Representative. She
stated she wanted to find a way to fund TrailMix and was not sure the group fit the guidelines as
set forth. Discussion about using the Community Contributions fund for economic development
activities was touched on, and Councilmember Jones noted that the prior agreement was to
support social and recreational causes and the like. Mayor Niehaus said some qualifiers exclude
certain applicants and Councilmember Knuteson-Boyd brought up the status of TrailMix as a
County entity. Mayor Niehaus stated she would look to City Manager Everitt for an alternative
for TrailMix via an Interlocal Agreement. Everitt mentioned his desire to use City funds for
projects within the City limits and Councilmember Knuteson-Boyd concurred. Councilmember
Jones stated he felt the request from TrailMix was arbitrary and disproportionate and that other
groups will likely apply. The makeup of the Ad Hoc committee was discussed and Everitt was
entrusted to convene the group. Everitt agreed to work with Records/Project Specialist Tallman
to clean up the guidelines for the next meeting for approval.
New Business:
Walnut Lane Property Acquisition—Discussion
Special Projects Manager Tracy Dutson began the discussion with an overview of progress
regarding the land acquisition. He stated the City’s priority is for the well-being of the current
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August 14, 2018
residents. He said it was early in the project and he is focused on the due diligence period. The
appraisal was discussed as well as the development situation in view of relocation concerns.
Councilmember Duncan asked if the City will be the landlord and Dutson recommended a third
party professional management company. Dutson mentioned his work with City Attorney
McAnany regarding future ownership and relocation matters. Duncan asked if it would be like
Cinema Court, and Dutson mentioned mixed density housing with some detached units. Mayor
Niehaus mentioned that the City is investing now but the overall costs will be paid back over
time through rents. She concluded that the investment now will result in more affordable
housing in our community.
Approval of Bills:
Councilmember Guzman-Newton moved to approve payment of bills against the City of Moab in
the amount of $425,705.79. Councilmember Knuteson-Boyd seconded the motion. The motion
passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman-Newton and
Duncan voting aye.
Adjournment: Councilmember Duncan moved to adjourn the meeting. Councilmember
Guzman-Newton seconded the motion. The motion passed 5-0 aye with Councilmembers Jones,
Derasary, Knuteson-Boyd, Guzman-Newton and Duncan voting aye. Mayor Niehaus adjourned
the meeting at 9:18 PM.
APPROVED: __________________ ATTEST: ___________________
Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder
Page 33 of 269
Page 1 of 1
August 3, 2018
MOAB CITY COUNCIL MINUTES--DRAFT
SPECIAL CITY COUNCIL MEETING
August 3, 2018
Call to Order and Attendance: The Moab City Council held a Special 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. Mayor
Emily Niehaus called the meeting to order at 1:01 PM. In attendance were Councilmembers
Mike Duncan, Tawny Knuteson-Boyd and Karen Guzman-Newton. Also in attendance was
Deputy Recorder Danielle Guerrero and one member of the press.
Executive Session: The meeting began with Councilmember Knuteson-Boyd making a
motion to enter an Executive Session to Discuss the Purchase, Exchange or Lease of Real
Property and Pending of Reasonably Imminent Litigation. Councilmember Guzman-Newton
seconded the motion. The motion passed 3-0 aye with Councilmembers Knuteson-Boyd,
Guzman-Newton and Duncan voting aye. The Executive Session began at 1:02 PM.
Councilmember Guzman-Newton moved to end the Executive Session. Councilmember
Knuteson-Boyd seconded the motion. The motion passed 3-0 aye with Councilmembers
Knuteson-Boyd, Guzman-Newton and Duncan voting aye. The Mayor closed the session at 1:46
PM.
New Business:
Real Estate Purchase:
In open session, Mayor Niehaus explained the City’s representatives were negotiating the
purchase of 193 West Walnut Lane. Councilmember Knuteson-Boyd made a motion with respect
to a Real Estate Purchase Contract for Real Property at 193 West Walnut Lane, and moved that
the City tender a counter-offer to Seller’s Addendum Number Two. It deletes the appraisal and
financing terms and all other terms remain the same. Councilmember Guzman-Newton
seconded the motion. The motion passed 3-0 aye with Councilmembers Knuteson-Boyd,
Guzman-Newton and Duncan voting aye.
Settlement Agreement in Toninelli v. City of Moab, Case No. 17070026:
Councilmember Knuteson-Boyd moved that the City accept a Negotiated Agreement between
the Plaintiff and City of Moab regarding the Mill Creek Apartments. Councilmember Guzman-
Newton seconded the motion. The motion passed 3-0 aye with Councilmembers Knuteson-
Boyd, Guzman-Newton and Duncan voting aye.
Adjournment: Councilmember Duncan moved to adjourn the meeting. Councilmember
Guzman-Newton seconded the motion. The motion passed 3-0 aye with Councilmembers
Knuteson-Boyd, Guzman-Newton and Duncan voting aye. Mayor Niehaus adjourned the
meeting at 1:48 PM.
APPROVED: __________________ ATTEST: ___________________
Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder
Page 34 of 269
Moab City Council Agenda Item
Meeting Date: August 28, 2018
#:5-1
Title: PUBLIC HEARING TO ALLOW PUBLIC INPUT REGARDING THE
ISSUANCE AND SALE OF NOT MORE THAN $16,7,000 AGGREGATE PRINCIPAL
AMOUNT OF WASTEWATER REVENUE AND REFUNDING BONDS, SERIES
2018 AND ANY POTENTIAL ECONOMIC IMPACT THAT THE PROJECT TO BE
FINANCED WITH THE PROCEEDS OF THE SERIES 2018 BONDS MAY HAVE ON
THE PRIVATE SECTOR; AND RELATED MATTERS
Date Submitted: August 20, 2018
Staff Presenter: Chuck Williams, City Engineer
Attachment(s): Resolution #38-2018
Options: N/A
Recommended Motion: N/A
Background/Summary:
The City of Moab owns and maintains signi icant 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/ itness
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 $2,500,000. Bond counsel has also
requested that for clarity this Parameters Resolution should include the
existing $14.2Million bond for the new Water Reclamation Facility. Therefore
the Aggregate number on the Resolution is $16,700,000.
Page 35 of 269
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 lows. The Study identi ied
current de iciencies and improvements necessary to meet future projected
sewer lows. The Study determined that the 100 West sewer line between 100
South and Walnut Lane is reaching available hydraulic capacity with current
peak lows. This capacity concern has been con irmed by City personnel, as
they have observed periodic surcharging of manholes within this section of
the collection system. Based upon the indings 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
alignment. 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 signi icant 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
entirely low 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
Page 36 of 269
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.
Page 37 of 269
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:
Danielle Guerrero Deputy City Recorder
David Everitt City Manager
Absent:
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 38 of 269
Parameters Resolution 2
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 water
and/or 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
Page 39 of 269
Parameters Resolution 3
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-one (21) 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.
Page 40 of 269
Parameters Resolution 4
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 28, 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 1953, as amended, and
Page 41 of 269
Parameters Resolution 5
(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:
Page 42 of 269
Parameters Resolution 6
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 28, 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 water and/or 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. The Issuer notes that the currently
outstanding debt secured by the System shall not increase by more than $2,500,000
(double check with Alex) as a result of the Refunded Bonds component.
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-one (21) 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.
Page 43 of 269
Parameters Resolution 7
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 $19,188,957.
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
Page 44 of 269
Parameters Resolution 8
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 $2,500,000.
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.
Page 45 of 269
Parameters Resolution 9
APPROVED AND ADOPTED this July 25, 2018.
CITY OF MOAB, UTAH
(SEAL)
Mayor
ATTEST:
_________________________________
Deputy City Recorder
Page 46 of 269
Parameters Resolution 10
(Here follows business not pertinent to the above.)
Pursuant to motion duly made and seconded, the City Council adjourned.
(SEAL)
Mayor
ATTEST:
_______________________________
Deputy City Recorder
Page 47 of 269
Parameters Resolution 11
STATE OF UTAH )
: ss.
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
Page 48 of 269
A-1
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
Page 49 of 269
B-1
EXHIBIT B
FORM OF MASTER RESOLUTION
(See Transcript Document No. __)
Page 50 of 269
C-1
EXHIBIT C
FORM OF BOND PURCHASE AGREEMENT
(See Transcript Document No. __)
Page 51 of 269
Moab City Council Agenda Item
Meeting Date: August 28, 2018
Title: Public Hearing for Moab City Code Title 5: Business Licenses and Regulations
Overhaul
Date Submitted: July 17, 2018
Presenters: Chantel Lindsay
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 close the public hearing for Ordinance 2018-15 and defer
action to a future meeting.
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
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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
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1
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 10th day of September, 2018.
SIGNED: ATTEST
Emily S. Niehaus, Mayor Rachel Stenta, Recorder
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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.
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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.
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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.
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P u b l i c e v e n t s h a l l b e d e f i n e d t o m e a n a n y g a t h e r i n g w h i c h i s o p e n t o a l l p e r s o n s , w h i c h i s
a d v e r t i s e d a s o p e n t o t h e g e n e r a l p u b l i c , o r w h i c h i s o p e n t o a l l p e r s o n s w h o p u r c h a s e a d m i s s i o n .
P e r f o r m a n c e s h a l l b e d e f i n e d t o i n c l u d e , b u t n o t b e l i m i t e d t o , t h e f o l l o w i n g a c t i v i t i e s : p l a y i n g
m u s i c , s i n g i n g , d a n c i n g , p a n t o m i m i n g , p u p p e t t e e r i n g , j u g g l i n g , f i r e - s p i n n i n g , r e c i t i n g , e t c .
P e r f o r m a n c e d o e s n o t i n c l u d e p r o v i d i n g p e r s o n a l s e r v i c e s .
S p e c i a l e v e n t m e a n s a s p o r t i n g , c u l t u r a l , e n t e r t a i n m e n t , c o m m e r c i a l , o r s i m i l a r g a t h e r i n g ,
w h e t h e r h e l d f o r p r o f i t o r o n a n o n p r o f i t b a s i s , o c c u r r i n g f o r a l i m i t e d o r f i x e d d u r a t i o n , n o t t o
e x c e e d f i f t e e n c o n s e c u t i v e d a y s , a n d w h i c h i s l i k e l y t o a t t r a c t a l a r g e n u m b e r o f p a r t i c i p a n t s o r
s p e c t a t o r s . B y w a y o f i l l u s t r a t i o n , a n d n o t o f l i m i t a t i o n , s p e c i a l e v e n t s s u b j e c t t o t h i s c h a p t e r
i n c l u d e : c o n c e r t s , f a i r s , r a l l i e s , a t h l e t i c e v e n t s , o r t e m p o r a r y s a l e s e v e n t s . S p e c i a l e v e n t s a r e
f u r t h e r d e f i n e d a s f o l l o w s :
L e v e l I E v e n t . E v e n t s e x p e c t e d t o b e a t t e n d e d b y n o t m o r e t h a n t w o h u n d r e d p e o p l e p e r
d a y a n d w h i c h i n c l u d e o n e o r m o r e o f t h e f o l l o w i n g :
P a r t i a l o r r o l l i n g s t r e e t c l o s u r e o f C i t y r i g h t - o f - w a y s , i n c l u d i n g s t r e e t s , s i d e w a l k s ,
a n d / o r p a t h w a y s ;
V e n d o r s a l e s o r c o n c e s s i o n s ;
A m p l i f i e d s o u n d ; o r
A n e n t r a n c e f e e o r t i c k e t c h a r g e f o r t h e e v e n t .
L e v e l I I E v e n t . E v e n t s e x p e c t e d t o b e a t t e n d e d b y m o r e t h a n t w o h u n d r e d p e o p l e p e r d a y
a n d w h i c h m a y i n c l u d e o n e o r m o r e o f t h e f o l l o w i n g :
F u l l p u b l i c s t r e e t c l o s u r e o f C i t y r i g h t - o f - w a y s ;
V e n d o r s a l e s o r c o n c e s s i o n s ;
A m p l i f i e d s o u n d ; o r
A n e n t r a n c e f e e o r t i c k e t c h a r g e f o r t h e e v e n t .
S p e c i a l E v e n t s R e v i e w C o m m i t t e e ( S E R C ) m e a n s a c o m m i t t e e m a d e u p o f r e p r e s e n t a t i v e s
f r o m C i t y d e p a r t m e n t s i n c l u d i n g , b u t n o t l i m i t e d t o , p o l i c e , p a r k s , p u b l i c w o r k s , a n d
r e p r e s e n t a t i v e s f r o m t h e S o u t h e a s t e r n U t a h H e a l t h D e p a r t m e n t , M o a b V a l l e y F i r e P r o t e c t i o n
D i s t r i c t , a n d a C o u n t y s p e c i a l e v e n t s r e p r e s e n t a t i v e . T h e s p e c i a l e v e n t s c o o r d i n a t o r o r h i s / h e r
d e s i g n e e s h a l l b e t h e c h a i r o f t h i s c o m m i t t e e .
S p e c i a l e v e n t s c o o r d i n a t o r m e a n s t h e C i t y e m p l o y e e w h o a d m i n i s t e r s t h e p r o v i s i o n s o f t h i s
c h a p t e r .
S p e e c h e v e n t m e a n s a n a c t i v i t y c o n d u c t e d p r i m a r i l y f o r t h e e x p r e s s i o n o f p o l i t i c a l , s o c i a l ,
r e l i g i o u s , c u l t u r a l o r o t h e r c o n s t i t u t i o n a l l y p r o t e c t e d s p e e c h . S p e e c h e v e n t s m a y i n c l u d e r a l l i e s ,
p i c k e t i n g , p r o t e s t i n g , m a r c h i n g , d e m o n s t r a t i n g , o r d e b a t i n g m a t t e r s o f p u b l i c c o n c e r n o n a n y
C i t y s t r e e t o r o t h e r p r o p e r t y . S p e e c h e v e n t s d o n o t i n c l u d e e v e n t s h e l d i n f u r t h e r a n c e o f a
b u s i n e s s o r c o m m e r c i a l p u r p o s e .
S t r e e t c l o s u r e m e a n s t h e d e l i b e r a t e b l o c k a g e o f a n y p u b l i c s t r e e t o r C i t y o w n e d p a r k i n g f a c i l i t y
t o p r o h i b i t t h e f l o w o f t r a f f i c o r a c c e s s o f v e h i c l e s .
P a g e 5 8 o f 2 6 9
S t r e e t p e r f o r m e r s h a l l b e d e f i n e d a s a n i n d i v i d u a l o r g r o u p w h o p e r f o r m s i n a p u b l i c a r e a o r a
p r i v a t e o u t d o o r a r e a a d j a c e n t t o a p u b l i c s t r e e t o r s i d e w a l k , f o r t h e p u r p o s e o f p r o v i d i n g p u b l i c
e n t e r t a i n m e n t .
S u b s t a n t i a l c h a n g e m e a n s c h a n g e s t o a n e x i s t i n g s p e c i a l e v e n t t h a t c a u s e t h e n e e d f o r a
d i f f e r e n t r e v i e w l e v e l o r c a u s e t h e n e e d f o r r e v i e w b y t h e C i t y C o u n c i l . T h e s e c h a n g e s i n c l u d e ,
b u t a r e n o t l i m i t e d t o : i n c r e a s e d n e e d f o r s t r e e t c l o s u r e s ; i n c r e a s e d n e e d f o r p o l i c e s u p p o r t ; a
c h a n g e i n d u r a t i o n ; a n i n c r e a s e i n a n t i c i p a t e d a t t e n d a n c e ; o r t h e a d d i t i o n o f v e n d o r s a l e s o r
c o n c e s s i o n s .
V e n d o r m e a n s a p e r s o n s e l l i n g f o o d , b e v e r a g e s , s o u v e n i r s , o r o t h e r m e r c h a n d i s e a t a s p e c i a l
e v e n t . T h e t e r m v e n d o r d o e s n o t i n c l u d e t h e s a l e o f m e m b e r s h i p s i n a n o r g a n i z a t i o n w h i c h i s
t h e s p e c i a l e v e n t a p p l i c a n t .
V e n u e m e a n s t h e l o c a t i o n o r l o c a t i o n s w h e r e a s p e c i a l e v e n t i s h e l d , i n c l u d i n g a l l
i n g r e s s / e g r e s s r o u t e s , p a r k i n g , a n d n e c e s s a r y f a c i l i t i e s f o r t h e e v e n t .
P a g e 5 9 o f 2 6 9
Chapter 4.03
SPECIAL EVENT PERMITS REQUIRED--APPLICATION AND REVIEW
PROCEDURE
Sections:
4.03.010 Permits required.
4.03.020 Permit exceptions.
4.03.030 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.
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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:
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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.
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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;
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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
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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.
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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.
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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.
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Chapter 4.11
SPECIAL EVENT APPLICATION DENIALS, REVOCATIONS, AND APPEALS
Sections:
4.11.020 Special event application denial.
4.11.030 Permit revocation.
4.11.040 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;
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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.
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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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 77 of 269
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 78 of 269
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:
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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 80 of 269
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 filing a written notice of appeal within five business days of the notice of decision. Failure to
timely request an appeal shall result in waiver of the appeal right. The City 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.
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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 82 of 269
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.
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Chapter 5.08
TRANSIENT MERCHANTS
[This Chapter is repealed in its entirety.]
8 Page 84 of 269
Chapter 5.09
SPECIAL EVENT PERMITS
[This Chapter is repealed in its entirety and replaced by proposed MMC Title 4.]
9 Page 85 of 269
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 86 of 269
Chapter 5.20
ALCOHOLIC BEVERAGES1
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.
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5.20.355 Possession of alcoholic beverages prohibited by
minors--Exception.
5.20.360 Consumption of alcohol in public places.
5.20.370 City-Sponsored Public Events.
5.20.380 Nuisance prohibited.
5.20.400 Minimum light and open view required in licensed premises.
5.20.410 Adulterated alcoholic beverage.
5.20.420 Consumption prohibited in unlicensed premises.
5.20.430 Supply to person whose permit is suspended.
5.20.440 Supply to prohibited persons.
5.20.500 Inspection of premises.
ARTICLE I. DEFINITIONS
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.
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 88 of 269
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
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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 90 of 269
"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.
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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.
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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 department 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.
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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.
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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.
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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.
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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.
1 For State Alcoholic Beverage Act, see U.C.A. Title 32B.
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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 98 of 269
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.
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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.
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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.
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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 102 of 269
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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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;
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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.
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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;
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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
internet 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.
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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;
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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.
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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.
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;
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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;
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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 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.
5.80.070. 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
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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.
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Title 5
BUSINESS LICENSES AND REGULATIONS
Chapters:
5.04 Business Licenses Generally
5.08 Transient Merchants
5.09 Special Event Permits
5.14 Local Vendors, Peddlers and Solicitors
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 Business Licenses
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
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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.
5.04.110 Restaurant and club liquor license--Business license processing.
5.04.010 Business license required.
A. No person shall engage in or carry on any business, trade, profession, or enterprise within the
cCity of Moab without first obtaining a business license as required by this chapter.
1. Persons doing business within the cCity of Moab who also 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 cCity licensees doing business in Grand County from further
licensure, and provided that a copy of such cCounty license shall be is provided to the
cCity 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 cCity or cCounty 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 cCity, 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
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event of civil enforcement, the cCity 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 cCity cCouncil will adopt an ordinance updating may by resolution
establish business license fees for businesses operating within the cCity limits. Fees shall be
categorized for each class of business. and shall be uniform with respect to all businesses falling
within the same class.
B. Fees shall be calculated, to the extent possible, to proportionately recoup costs for cCity
services, regulatory costs, and staff time. and disproportionate impacts upon city services
generated by a particular business type. Additional fees over the base business license fee are
authorized for 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 cCity administration in addition to specific costs incurred
by the cCity 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 cCity.
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 cCity services
by businesses, and to make recommendations to the cCity cCouncil for changes or
adjustments to the fee structure.
C. Violation of this section may be punishable, at the election of the cCity, 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 cCity may recover its reasonable attorney fees and court costs
against the violator. (Ord. 03-05 (part), 2003)
(Ord. No. 11-04, 1-11-11)
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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
necessary.
B. A business license application shall be executed by the applicant or its authorized agent, who
shall certify that all statements contained in the application are true and correct to the best of the
applicant’s knowledge, information, and belief.
C. An application is complete when the application form is complete, 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 cCity.
D. A completed application that does not require cCity cCouncil 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:
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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 cCity 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 cCity 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 cCity 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 cCity 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 cCity
charges, fees, fines, or assessments.
1. Licensees having outstanding code violations, unpaid charges, fees, or fines, or
unremitted sales taxes are not subject to renewal until said violations are abated and/or
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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 address
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 cCity 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 cCity 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
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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 cCity 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 cCity 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 cCity 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 cCity 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 cCity cCouncil no later than ten business days
from the delivery of notice of appeal. The cCouncil 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 cCity 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)
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5.04.110 Restaurant and club liquor license--Business license processing.
A. The terms “restaurant,” “club,” and “alcoholic beverages” shall be defined as set forth in
U.C.A. 32A-1-105.
B. Any person who, at the time of applying for a business license, intends to operate a restaurant,
club bar, special event, or special business event where alcoholic beverages are sold for on-
premise consumption, shall disclose that information on the application under this title. Business
license, special event, or special business event applications subject to this section shall be
processed concurrently with the applicable alcohol license (Private Club, Class I, Class II, and
Class IV licenses) pursuant to the procedures and standards contained in Chapter 5.20 of this
title.
C. Approval of the business license concurrent with the applicable local alcohol license by 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 licenseure regulations in addition to the provisions
of this title.
E. Issuance of a business license under this title shall not constitute “local consent” as defined by
Title 32A of the Utah Alcoholic Beverage Control Act unless the applicant discloses its intent to
serve alcoholic beverages and the application is processed in accordance with this section.
Licensees who later wish to obtain an alcoholic beverage license shall obtain the necessary local
consent or alcohol license as provided by city code and state law. (Ord. 03-05 (part), 2003)
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Chapter 5.08
TRANSIENT MERCHANTS
[This Chapter is repealed in its entirety.]
Sections:
5.08.010 Transient merchants.
5.08.020 Applicant information.
5.08.030 Grounds for denial.
5.08.040 Revocation.
5.08.050 Agent for service of process.
5.08.060 Display.
5.08.070 License term.
5.08.080 Temporary commercial structures.
5.08.090 Appeal, denial and revocation procedure.
5.08.010 Transient merchants.
A. A “transient merchant” is defined as any person conducting business within the city of
Moab selling goods or services from a location other than a fixed store or office within the city
limits. The term “transient merchant” shall not be defined to include persons soliciting donations
for qualified charitable or philanthropic organizations, persons soliciting support or financial
contributions for a political candidate or cause, or petitioning activity.
B. Transient merchants shall obtain a business license and comply with all of the provisions of
Chapter 5.04 together with the provisions in this chapter. (Ord. 03-05 (part), 2003)
5.08.020 Applicant information.
In addition to the information required of all business license applicants under Section 5.04.030,
a transient merchant applicant shall supply the following:
1. A permanent home address, business address, and telephone number, together with the
applicant’s temporary address;
2. A description of the type of business and the goods or services to be offered for sale;
3. The proposed geographic area where business is to be conducted and the duration of
activity, and the proposed hours of operation;
4. A statement disclosing any criminal convictions for the applicant other than convictions
for traffic offenses, and including disclosure of any convictions for crimes involving deceit,
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fraud, theft, burglary, or any violent crimes including assault, robbery, sexual assault, child
abuse, or homicide. (Ord. 03-05 (part), 2003)
5.08.030 Grounds for denial.
The existence of any of the following may be grounds for denial of a transient merchant license:
1. Any of the grounds identified in Section 5.04.040
2. Evidence of civil judgments against the applicant involving fraud, conversion,
violations of consumer protection statutes, or similar grounds; or
3. A history of consumer complaints against the applicant establishing unfair or dishonest
trade practices, sales of shoddy, defective, or dangerous goods, or the like.
4. Any of the criminal convictions listed in Section 5.08.020 4 (Ord. 03-05 (part), 2003)
5.08.040 Revocation.
Any of the grounds identified in Sections 5.04.080 and 5.08.020 shall be grounds for revocation.
(Ord. 03-05 (part), 2003)
5.08.050 Agent for service of process.
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 transient merchant, a
complete copy of the summons and complaint shall be mailed by certified mail, return receipt
requested, to the licensee’s business address, as contained in the application. (Ord. 03-05 (part),
2003)
5.08.060 Display.
Every licensed transient merchant shall possess and display upon demand a copy of its business
license. (Ord. 03-05 (part), 2003)
5.08.070 License term.
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The transient merchant license shall be valid for a period of twelve months from the date of
issuance. (Ord. 03-05 (part), 2003)
5.08.080 Temporary commercial structures.
A. Transient merchant license applicants intending to operate from a temporary commercial
structure may apply for a license contingent upon approval by the city council of a temporary
commercial structure permit for the business, as provided under Chapter 5.64. In the event the
temporary commercial structure permit is denied the transient license will not be issued and all
transient merchant license fees shall be refunded. (Ord. 03-05 (part), 2003)
5.08.090 Appeal, denial and revocation procedure.
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)
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Chapter 5.09
SPECIAL EVENT PERMITS
[This Chapter is repealed in its entirety and replaced with Title 4 Special Event and Street
Performer Permits]
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13
Chapter 5.14
LOCAL VENDORS, PEDDLERS AND SOLICITORS
[This Chapter is repealed in its entirety and replaced by proposed MMC 5.64.]
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Chapter 5.20
ALCOHOLIC BEVERAGES1
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.
5.20.03135 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 Club retail license.
5.20.160 Class I retail license.
5.20.170 Class II retail license.
5.20.171 Class I and Class II requirements.
5.20.180 Class III retail license. Off-Premise beer retail license.
5.20.190 Class IV special event beer license.
5.20.200 Application--Generally.
5.20.210 Application--Police department referral.
5.20.220 Application--Health department referral.
5.20.230 Application--Filing date for holders of old licenses and forfeiture of
renewal rights. Expiration.
5.20.240 Forfeiture.
5.20.250 Fees.
5.20.260 Expiration.
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.
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5.20.320 Name change.
5.20.325 Violation – Penalty.
ARTICLE III. GENERAL REGULATIONS
5.20.330 Unlawful to sell beer without license.
5.20.340 Sale to intoxicated person prohibited.
5.20.345 Unlawful to permit intoxicated persons on licensed premises.
5.20.350 Sale to Supplying to minors prohibited.
5.20.355 Possession of alcoholic beverages prohibited by minors--Exception.
5.20.360 Consumption of alcohol in public places.
5.20.370 City-Sponsored Public Events.
5.20.360 Location restrictions for beer sales.
5.20.370 Advertising sale.
5.20.380 Nuisance prohibited.
5.20.390 Wholesaler and retailer not to have common interests.
5.20.400 Minimum light and open view required in licensed premises.
5.20.410 Adulterated alcoholic beverage.
5.20.420 Consumption prohibited in unlicensed premises.
5.20.430 Supply to person whose permit is suspended.
5.20.440 Supply to prohibited persons.
5.20.410 Presence of minors in certain establishments prohibited.
5.20.420 Unlawful to permit minors in certain establishments.
5.20.430 Presence of minors in portions of certain establishments prohibited.
5.20.440 Unlawful to permit minors in portions of certain establishments.
5.20.450 Possession of beer prohibited to minors--Exception.
5.20.460 Unlawful to permit intoxicated persons on licensed premises.
5.20.470 Hours of beer sales.
5.20.480 Entertainers.
5.20.490 Employees.
5.20.500 Inspection of premises.
5.20.510 Permitting drunkenness unlawful.
5.20.520 Canvassing and soliciting unlawful.
5.20.530 Unlawful importations and transportations.
5.20.540 Aiding or abetting.
5.20.542 Class I or Class II accounting and records.
5.20.544 Transfer of Class I or Class II license prohibited without approval.
5.20.546 Disposal of Class I or Class II license for gain (or not) prohibited.
5.20.550 Violation--Penalty.
ARTICLE IV. INTOXICATING LIQUORS
5.20.560 Unlawful to allow consumption without license.
5.20.570 Consumption prohibited in unlicensed premises.
5.20.580 Illegal sale, manufacturing, storage, etc.
5.20.590 Possession.
5.20.600 Taking unlawfully.
5.20.610 Adulterated alcoholic beverage.
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5.20.620 Supplying to minors.
5.20.630 Supply to person whose permit is suspended.
5.20.640 Supply to prohibited person.
5.20.650 Storage unlawful.
5.20.660 Consumption of alcohol in public places.
ARTICLE I. DEFINITIONS
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. (Ord.
94-14 (part), 1994)
5.20.020 Alcoholic beverages.
“Alcoholic beverages” means and includes “beer” and “liquor” as they are defined herein. (Ord.
94-14 (part), 1994)
5.20.030 Beer.
“Beer,” “light beer,” “malt liquor,” or “malt beverages” means all products that contain 63/100
of 1% of alcohol by volume or at least 0.51/2 of 1% of alcohol by weight volume, but not more
than 4% of 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. 94-14 (part), 1994)
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.
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A “community location” means:
A. A public or private school;
B. A place of worshipchurch;
C. A public library;
D. A public playground; or
E. A public park.
(Ord. No. 10-10, 4-13-10)
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 includes 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%one-half of one percent of
alcohol by weight volume. ; and all mixtures, compounds or preparations, whether liquid or not,
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% of alcohol by volume or 3.2% by weight. “Liquor” shall not
include “beer” as defined in Section 5.20.030. (Ord. 94-14 (part), 1994)
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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. 94-14
(part), 1994)
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
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. 94-14 (part), 1994)
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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 is 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. 94-14 (part), 1994)
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 Sell or to sell. 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
principal, proprietor, 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
connection with the sale, storage, service, manufacture, distribution or consumption of alcoholic
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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
in the sale of beer in wholesale or jobbing quantities. (Ord. 94-14 (part), 1994)
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.
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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, or wholesaler, or retail outlet licensed under the provisions of the
Alcoholic Beverage Control Act of Utah. (Ord. 94-14 (part), 1994)
5.20.150 Retail license classification--Generally.
Retail licenses issued under the provisions of this chapter shall be classified into the following
types which shall carry the privileges and responsibilities hereinafter set forth in this chapter:
Private Club
Class I
Class II
Class III
Class “Seasonal”
(Ord. 99-09 (part), 1999: Ord. 94-14 (part), 1994)
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. 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.
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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.
5.20.155 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 beer
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, 4-13-10)
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),
1994)
5.20.170 Class II retail license.
Class II retail licenses shall entitle the licensee to sell beer 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)
5.20.171 Class I and Class II requirements.
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.
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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
two liters, and on draft.
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. Beer may not be sold, delivered, or furnished to any:
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
sell 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.
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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
2. A sign in large letters stating: “Warning: The consumption of Alcoholic Beverages
purchased in this establishment may be hazardous to your health and the safety of others.”
(Ord. 03-10 (part), 2003: Ord. 99-09 (part), 1999: Ord. 94-14 (part), 1994)
5.20.180 Class III retail license. Off-premise beer retail license.
A Class III retail license A. An Off-premise beer retail license shall entitle the licensee to sell
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
that wholesaler who is authorized by the state to sell beer in the geographical area 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
larger than two liters.
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
premises.
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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. Please 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)
5.20.190 Class IV special event beer license.
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 beer licenses may include: business
entities, churches, political organizations, fraternal organizations, clubs or unincorporated
associations that are 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
all dispensing points. Dispensing points include storage areas, booths, tables, bars and
other areas set apart for the sale of beer;
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;
e. 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.
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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. Beer 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.
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.
6. Class IV licenses are 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 shall provide adequate event security, given the nature of the event and
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 are not limited to:
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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. and 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. 94-14 (part), 1994)
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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. 94-
14 (part), 1994)
5.20.190 225 Class IV special event beer license. Special event alcoholic beverage license
– local consent.
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
beverages , 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., 32B-9-101 et seq. except that Applicants seeking a special event liquor license
must also obtain written local consent from the City Manager for such events, as required by
state statute.
1. Authorized licensees. Licensees for special event beer licenses may include: business
entities, churches, political organizations, fraternal organizations, clubs or unincorporated
associations that are conducting a convention, cultural event, civic event, social function,
recreational activity, promotional event or community enterprise open to the public.
B. Contents of application for local consent. In addition to the application requirements set
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,
booths, tables, bars and other areas set apart for the sale of beer alcoholic beverages; and
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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;
4d. 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
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.
4. Beer 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.
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.
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6. Class IV licenses are 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 shall provide adequate event security, given the nature of the event and 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. 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 serving
alcohol shall be established by the City Council from time to time by resolution.
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2. The City Council may City Manager shall review an application for a Class IV special
event beer 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 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. (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.
5.20.230 Application--Filing date for holders of old licenses and forfeiture of renewal
rights.
All applications to renew licenses shall be filed by the holders of existing licenses with the city
recorder, on or before the last business day for the calendar year, prior to the expiration date of
the then issued license. Such renewal applications shall state whether or not the business is
presently operating and, if not, the date when it ceased daily operation, together with such
information as the recorder 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 issued license and shall keep the premises
closed for the sale of beer, until the date a new license is issued 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 license 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 as
provided by law. No license renewal may be granted beyond one year of inactive status as above
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provided; if not renewed within the forty-five day period, such license shall expire. (Ord. 94-14
(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
body of the city of Moab by the Moab City Council. (Ord. 94-14 (part), 1994)
(Ord. No. 10-10, 4-13-10)
5.20.260 Expiration.
All licenses issued pursuant to the provisions of this chapter shall expire on the thirty-first day of
December of each year and shall be issued for one year, except seasonal licenses which shall be
issued for a period of less than a year as may be determined by the city council. (Ord. 94-14
(part), 1994)
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 Managerayor for the
violation on the licensed premises of any provision of this chapter or of any other applicable
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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 with the
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. , or
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.
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The licensee shall not change the name of his the business establishment until he or she has
given written notice to the license department 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 of 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 article Chapter shall be guilty of a Class B misdemeanor.
(Ord. 94-14 (part), 1994)
ARTICLE III. GENERAL REGULATIONS
5.20.330 Unlawful to sell beer without license.
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. 94-14 (part), 1994)
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/or 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 persons to enter or
remain in any licensed premises.
5.20.350 Sale to minors prohibited.
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)
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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 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 licenses
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.
5.20.360 Location restrictions for beer sales.
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
playground, or park, as measured by the method in subsection (A)(2) of this section.
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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, 4-13-10)
5.20.370 Advertising sale.
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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 under 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
wholesaler, distributor, warehouseman, or other person shall furnish to any retailer nor shall any
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)
5.20.390 Wholesaler and retailer not to have common interests.
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. 94-14 (part), 1994)
5.20.400 Minimum light and open view required in licensed premises.
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. 94-14 (part), 1994)
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.
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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.
5.20.410 Presence of minors in certain establishments prohibited.
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 beer
or any other intoxicating liquor in such licensed premises. (Ord. 94-14 (part), 1994)
5.20.420 Unlawful to permit minors in certain establishments.
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. 94-14 (part), 1994)
5.20.430 Presence of minors in portions of certain establishments prohibited.
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)
5.20.440 Unlawful to permit minors in portions of certain establishments.
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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 years in or abut the
lounge or bar area of such licensed premises. (Ord. 94-14 (part), 1994)
5.20.450 Possession of beer 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 Class III licensed premises while in the discharge of their employment therein or
thereabouts. (Ord. 94-14 (part), 1994)
5.20.460 Unlawful to permit intoxicated persons on licensed premises.
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. 94-14 (part), 1994)
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)
5.20.480 Entertainers.
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 areola or any portion of the pubic hair, anus, cleft of the
buttocks, vulva, or genitals;
2. Employing or using the services of any person to mingle with the patrons while the
person is unclothed or in attire, costume or clothing as described in subsection (a);
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3. Encouraging or permitting any person to touch, caress, or fondle the breasts, buttocks,
anus, or genitals of any other person;
4. Permitting any employee or person to wear or use any device or covering, exposed to
view, that simulates the breast, 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 are 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 are employed to depict, or
drawings are employed to portray, any of the prohibited activities described in this
section; 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
the license or licenses of the establishment where violations occur. (Ord. 94-14 (part), 1994)
5.20.490 Employees.
No licensee hereunder shall knowingly 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. 94-14 (part),
1994)
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
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state or city health departments, and every licensee shall, at the request of the board of health of
the city health department, furnish to it, samples of beer which such licensee shall have for sale.
(Ord. 94-14 (part), 1994)
5.20.510 Permitting drunkenness unlawful.
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. 94-14
(part), 1994)
5.20.520 Canvassing and soliciting unlawful.
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 activities
except to the extent that such prohibition may be in conflict with laws of the United States or the
state of Utah. (Ord. 94-14 (part), 1994)
5.20.530 Unlawful importations and transportations.
It is unlawful for any person to order or purchase or to ship or transport or cause to be
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 are intended by any person interested therein to be received, possessed,
sold or in any manner used, in the original package or otherwise in violation of law. (Ord. 94-14
(part), 1994)
5.20.540 Aiding or abetting.
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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)
5.20.542 Class I or Class II accounting and records.
Each Class I or Class II licensee shall maintain accounting and other records and documents as
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, conceals, 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)
5.20.544 Transfer of Class I or Class II license prohibited without approval.
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. 94-14 (part), 1994)
5.20.546 Disposal of Class I or Class II license for gain (or not) prohibited.
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. 94-14 (part), 1994)
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)
ARTICLE IV. INTOXICATING LIQUORS
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5.20.560 Unlawful to allow consumption without license.
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
defined, knowingly to permit or allow customers, members, guests or any other person to
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)
5.20.570 Consumption prohibited in unlicensed premises.
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 § 3-4-2)
5.20.580 Illegal sale, manufacturing, storage, etc.
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)
5.20.600 Taking unlawfully.
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 § 3-4-5)
5.20.610 Adulterated alcoholic beverage.
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It is unlawful for any person for any purpose whatsoever to mix or permit or cause to be mixed
with any alcoholic beverage offered for sale, sold or supplied by him 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. (Ord. 85-09 (part), 1985: prior code § 3-4-6)
5.20.620 Supplying to minors.
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. (Ord. 85-
09 (part), 1985: prior code § 3-4-7)
5.20.630 Supply to person whose permit is suspended.
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 § 3-4-8)
5.20.640 Supply to prohibited person.
It is unlawful, except in the case of liquor supplied upon the prescription of a physician, or
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)
5.20.650 Storage unlawful.
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
than the operator or employee of the licensee, may with the consent of the owner, operator, or
employee of the licensee, possess and consume liquor on the licensed premises. (Ord. 85-09
(part), 1985: prior code § 3-4-10)
5.20.655 Special events with alcohol - operational restrictions.
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A1. 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.
D4. 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. Local 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.
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K11. 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.
L12. Licensees shall properly train all event personnel on all operational restrictions,
and shall assure that alcoholic beverages are not served to obviously intoxicated persons.
M13. The licensee shall provide adequate event security, given the nature of the event
and the expected number of event patrons.
N14. 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
City.
5.20.660 Consumption of alcohol in public places.
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.
B. 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 section Title and Title 4. Violation of this subsection is a strict
liability offense and shall be punishable as a Class C misdemeanor.
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
must satisfy the following general requirements, in addition to those requirements specific to
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;
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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 Chapter 5.09
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 the City Council
resolution, 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.
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 necessary alcohol event licenses under subsections (C)(1)
and (2) of this section, and the liability insurance as required by subsection (C)(4) 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 4. 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 City
Manager. 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 City Manager;
provided, that the event sponsor obtains a special event license (Level II) pursuant to Chapter
5.09 Title 4 Special Events. Serving of alcohol shall be limited to the hours of ten a.m. until nine
p.m. during the event.
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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 City Manager.
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 the City Council
resolution, 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
b. Comply with applicable laws governing the consumption and distribution of
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 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;
3. The event sponsor obtains the applicable City of Moab alcohol licenses; and
4. The event sponsor obtains the applicable special event license pursuant to Chapter 5.09
Title 4.
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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
designated, by invitation or otherwise, and their guests. Privately hosted social gatherings 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.
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 this
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
distribution of alcoholic beverages where they perform other functions at an event held
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:
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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.
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 reasonably believes that an event is out of compliance with applicable
laws and conditions shall have the authority to curtail or terminate the event. (Ord. 17-34 (part),
2017: Ord. 12-12 (part), 2012: Ord. 99-03 (part), 1999: Ord. 85-09 (part), 1985: prior code §
3-4-11)
1 For state law as to authority of city to regulate the sale, use, etc., of intoxicating beverages, see
U.C.A., 1953, 10-8-42. As to authority to prohibit the sale, etc., of intoxicating liquors to
minors, see U.C.A., 1953, 10-8-47. As to authority to license businesses generally, see U.C.A.,
1953, 10-8-80. As to Liquor Control Act of the state, see 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, 84-04, 85-09, 87-03 and 91-02.
1 For State Alcoholic Beverage Act, see U.C.A. Title 32B.
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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)
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Chapter 5.32
PAWNBROKERS, SECONDHAND DEALERS AND JUNK DEALERS
Sections:
5.32.010 Definitions.
5.32.020 Police reports--Pawnbrokers.
5.32.030 Police reports--Secondhand and junk dealers.
5.32.020 Records to be kept -- Availability to peace officers.
5.32.040 Police reports--Required when. Articles kept – Term.
5.32.050 Police reports--Delivery to chief.
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 cCity who goes
from house to house and from place to place gathering, collecting, buying, selling or otherwise
dealing in any old 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 cCity 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, managed or conducted 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 such 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
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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)
5.32.020 Police reports--Pawnbrokers.
A. No pawnbroker or any employee or agent of any pawnbroker with the city shall fail, neglect
or refuse to make out and deliver to the chief of police, within twenty-four hours after the receipt
thereof, a full, true and complete 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
each article was received on deposit, in pawn or pledge or by purchase; the true name and
address, as nearly 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
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 number of the pawn ticket, the amount loaned or paid thereon and the quantity or
number of articles purchased, including all distinguishing marks thereof. (Prior code § 18-2)
5.32.030 Police reports--Secondhand and junk dealers.
A. It is unlawful for any secondhand dealer, junk dealer or junk collector within the city to fail,
neglect or refuse to make out and deliver to the chief or police, within one week after the receipt
thereof, a full, true and complete report of all goods, wares, merchandise or articles received on
deposit, in pawn or pledge or by purchase.
B. Such report shall show the hour of the day and the date when each article was received on
deposit, in pawn or pledge 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 thereon, the quantity or number purchased and a
complete description of each article received, including all distinguishing marks thereof. (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
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peace officer may require shall be given by pawnbrokers and secondhand dealers to the best of
their ability.
5.32.040 Police reports--Required when. 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)
5.32.050 Police reports--Delivery to chief.
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)
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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 Ccity Rrecorder, for the use of the Ccity Ccouncil, 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 Ccity Ccouncil, 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 Ccity Rrecorder before any such assignment or transfer will be
recognized by the Ccity. (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)
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Chapter 5.64
VENDOR, TRANSIENT MERCHANT, PEDDLER, AND 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 license 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 License--Revocation--Causes. License revocation, grounds.
5.64.170 License--Revocation 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.
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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.
HG. “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.
IH. “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.
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.
JI. “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.
KJ. “Stationary mobile cart” means a cart having functional wheels and an axle that occupies
one temporary location for a specified period of time.
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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
licensed and registered by the Department of Motor Vehicles.
K. “Vendor” means 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 5.14.
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.
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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 of up to 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 below 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, transient merchants, 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. All defined vendor licenses require Moab city council approval.
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 itss or her name. A company employing such
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.
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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),
2013)
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 Section 5.14.010(C)(1), and sales
described in Chapter 5.09, Special Event Permits and Business Licenses.
B. Vendors who conduct sales at a special event or special business event as defined by
Chapter 5.09 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 Chapter 5.09
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).
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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 Application License fees.
License Fees shall be determined by the Moab City Council and shall be adopted by resolution.
(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
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 such
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
site, in accordance with Chapter 8.20 and Section 10.04.230.
3. Refuse and Recycling. Vendors and transient merchants are strongly encouraged 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
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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 yearly 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
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
that there is sufficient access, parking and maneuvering space available at the site on which
the vendor or transient merchant 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.
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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.
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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 or special business
event shall ask permission from the event and appear on the special event or special business
event list of vendors.
14. Zoning Compliance. No license shall be granted for a vendor or transient merchant
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
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 selling 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.
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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 the 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 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.
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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.
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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. Structures/Vehicles/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.
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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. 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:
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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
they are 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. Required parking spaces shall not be used for this activity. (Ord. 13-17 (part),
2013)
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.
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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, 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, transient merchant, peddler or solicitor
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.;
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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’s,
transient merchant, peddler or solicitor. merchandise;
6. No vendor shall operate within ten feet of any fixed base retail establishment or other
vendor offering the same or substantially similar goods or services. (Ord. 13-17 (part),
2013)
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 5.04.030,
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.
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.
3. Identification of the site or sites where the vendor, transient merchant, peddler or solicitor
will operate.
4. Signed agreement with property owner to that 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
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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 permit 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 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.
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’s or
transient merchant business.
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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.
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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 a special business event, as defined by
Chapter 5.09
156. Payment of the applicable license application 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 permittee
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 or
transient merchant 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
Section 5.04.030, or the transient merchant information specified in Section 5.08.020.
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B. The applicant must verify By signing the application, the applicant is verifying that the
condition, location, parking requirements and use of the structure, or 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 pleas in abeyance have occurred in
the past year or since their last criminal background check. See Section 5.64.110.C. below
regarding disqualifying criminal convictions.
BC. If a license subject to the requirements of this chapter expires and is not renewed within
30 days of expiration by August 15, then under Section 5.04.060.C., 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 City Recorder will issue a local
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 carried on conducted;
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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 display 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 permittee 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 Moab
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
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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 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
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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.
4. 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:
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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 vendor, transient 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,
peddler, and solicitor shall possess and display upon demand a copy of its business license.
5.64.140 License--Fees.
Vendor, transient merchant, 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
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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 License--Revocation--Causes. 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
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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 applications
described in Section 5.64.080. (Ord. 13-17 (part), 2013) Licenses are renewable under the terms
stated in Section 5.04.060.
5.64.1905.08.050 Agent for service of process.
A. A condition upon the issuance of any transient merchant, peddler, or solicitor license is
the irrevocable consent by the licensee to the nomination of the City RecorderTreasurer 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 Treasurer be served with process for any licensed transient
merchant, 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 Treasurer shall then notify the City Manager of the impending
action and the nature of the complaint. (Ord. 03-05 (part), 2003)
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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.
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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 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.
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A. From time to time the City Council may by resolution 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
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.
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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
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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.
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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.
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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.
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Chapter 5.70
STREET PERFORMERS
[This Chapter is repealed in its entirety and replaced with Chapter 4.12]
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Chapter 5.80
HOME OCCUPATION PERMITS LICENSES
Sections:
5.80.010 Purpose and Definitions.
5.80.0120 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:
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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
expire.
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
internet through a home office) must apply for a home occupation license as established in this
section.
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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.
3. Abandonment of the home occupations 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.
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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 by resolution of 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 Code Compliance
Officer, or other City employee as designated by the City Manager, 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;
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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.
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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.
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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.
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.
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.
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.
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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;
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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.
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C1. 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. Alternatively In addition to a civil action, violations of this section are punishable as a
Class B misdemeanor, as defined by Utah statute.
4. In addition to all other remedies, any licensee 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 5.04.
45. 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.
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6. Exhaustion of administrative remedies shall be a jurisdictional prerequisite to seeking
judicial review.
D. All home occupations must meet the requirements of Section 17.09.540, Home
occupations. (Ord. 16-05 (part), 2016: Ord. 14-02 § 1, 2014; Ord. 08-07 (part), 2008)
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Moab City Council Agenda Item
Meeting Date: August 28, 2018
#: 6-1
Title: Approval of Permit for the 2018 Grand County High School
Homecoming Parade to be held on Friday, September 14, 2018 with Fee
Waivers.
Date Submitted: August 8, 2013
Staff Presenter: Carmella Galley
Attachment(s): Special Event Application
Fee Waiver Request
Current Fee Waiver Policy
Options: Approve, deny, or modify.
Recommended Motion: I move to approve the “Special Event Permit for the
Grand County Homecoming Parade with Fee Waivers .”
Background/Summary:
The Homecoming Parade is an annual community event. This is the 100th
Anniversary of Grand County High School. The parade itself will be on
September 14, 2018 from 2-3:30 pm. The parade will adhere to the approved
UDOT parade route.
The Special Events Review Committee has expressed safety concerns about
required traffic control for this event. Friday afternoons in September and
other times of the year are very busy on Highway 191/Main Street. It has been
suggested in the past that organizers consider moving the parade to 400 East
for the safety of the students as well as city personnel.
An issue this year is the upcoming excavation of the 100 West area. In
communication with City Engineer, Chuck Williams, we feel, at this time, that
the project may not hinder the parade.
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Historically fees have been waived for the parade although it takes all hands
on deck to assure the safety of all with approximately 30 city personnel to set
up, monitor and breakdown the parade route. The approximate fees for a
parade on Main Street is upward of $10,000.00. These fees include
preparation of set up, setting up and closing down streets, extra personnel to
secure the route and breaking down the equipment and safely reopening the
highway.
An estimate of what the fees could be for a parade are:
Event Fee- $400 (Level II)
Police Dept. - $3900 (estimate, personnel/vehicles apx. 15 persons)
Public Works-$1950 (loading and unloading of needed equipment)
$3900 (set up/closing streets/break down-apx. 15 personnel)
$200 (apx. items-barricades, drums, cone, etc. are used)
$10350
Staff sincerely thanks the High School for submitting the required application
for permit. Although the application was not submitted within the required
time to give City Staff the notice that they need to be fully prepared with
enough personnel and equipment to ensure a safe event for the entire
community, our staff will be able to pull it together and as always assure the
organizers of the safe and secure parade route.
Page 234 of 269
Date Received Application: _
8/13/2018____ _ APPROVALS: Receipt Number:
Date Paid
Amount Paid: --------City: _______ _
Date: _____ _
SPECIAL EVENT PERMIT
APPLICATION
Fire:. _____ Date:. ___ _
CITY OF MOAB Conditions of approval:
City of Moab Special Events 217 East Center Street Moab, UT 84532
Phone: 435-259-5121 E-mail:Other Staff Approval:
Date events@moa bcity .org
TYPE OF ACTIVITY check all that apply: D Film Production � Parade D Outdoors Sales D Fun Run
Please print or type
EVENT NAME:
1.Location of Event:
2.Location of Event:
3.Name of Organization:
4.Date (s) of Event: fy"L\
5.EVENT DETAILS
□ □ □
Cycling □ 5K 0 Training Event
Sporting □ lOK D Block Party
Dance □ Other
Event Location 1 Date(s): q -l4-l CZ Start time: 3:oV End time:
Set-up Date(s): q-lLl-L5
Clean-up Date(s):
Event Location 2 Date(s):
Set-up Date(s):
Clean-up Date(s):
Is this a recurring event?
Is !Ms an Annual Event? S)E:$
5.PARTICIPANTSNumber of participants expected: J 5DOpen to the Public
Start time: ,.-l :oo End time:
Start time: End time:
Start time: End time:
Start time: End time:
Start time: End time:
If yes; daily, weekly or other?
If yes; same date and place?
Number of Volunteers/Event Staff: �c) D Private Group/Party
If event is open to the public, is it: D Entrance Feetricketed
Event? D Fee for Participants/
Racers/Runners Only
□Festival□Religious
,��o
3:00
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Moab City Council Agenda Item
Meeting Date: August 28, 2018
Title: Discussion about the Proposed Ban on Single Use Plastic Bags
Date Submitted: August 22, 2018
Presenters: Chris McAnany
Attachments:
●Revised draft ordinance
Possible Motion: N/A, discussion only
Background/Summary:
At the behest of Dr. Roslynn Brain McCann, a Moab resident, the City Council is
considering a ban on single-use plastic bags. Dr. Brain produced a draft ordinance for
consideration that is modeled after similar ordinances that have been adopted in various
communities in the Intermountain West.
The Council asked staff to format and edit the proposed ordinance in advance of the
next Council discussion. The revised draft ordinance is attached.
1
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CITY OF MOAB ORDINANCE NO. 2018-17
AN ORDINANCE ADOPTING SECTION 8.04.065 OF THE MOAB MUNICIPAL CODE,
A PROHIBITION ON THE DISTRIBUTION OF DISPOSABLE SINGLE USE
CARRYOUT PLASTIC BAGS
The following describes the intent and purpose of this ordinance.
a. The City of Moab has an obligation to protect the environment and public health.
b. The City’s 2020 Vision: A Sustainable Moab Plan goal is to “increase the application of
sustainable practices throughout the community,” and the Sustainability Director’s mission is
to “preserve and conserve natural resources and promote a cleaner, healthier environment.”
c. Disposable single use plastic bags increase litter and adversely impact wildlife and water
quality.
d. Disposable single use plastic bags negatively impact recycling equipment and are a large
source of contamination of recycling. Plastic bags are seldom recycled .
e. Compostable plastic single use bags as currently manufactured do not solve the
above-mentioned statements of litter and recycling contamination. These bags are
manufactured to remain intact until placed in a professional compost facility. Compostable
plastic single use bags are often mixed with non-compostable single use bags, which prevent
them from composting.
f. Alternatives to disposable plastic bags are readily available that are recyclable or reusable.
g. The City possesses the authority, pursuant to Utah Code Annotated (“U.C.A.”) § 10-11-1, to
regulate the abatement of solid waste, and pursuant to U.C.A. § 10-1-203(2), to regulate
businesses generally.
Therefore, the City of Moab amends Title 8 of the Moab Municipal Code as described in
Attachment A.
This ordinance shall take effect on January 1, 2019.
PASSED AND ADOPTED by the Moab City Council on this XX day of XXXXXX, 2018.
SIGNED:ATTEST
Emily S. Niehaus, Mayor Rachel Stenta, Recorder
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Attachment A
Chapter 8.04.010 is amended to include the following definitions:
"Disposable plastic bag" means a bag made from either non-compostable plastic or compostable
plastic that is less than 2.25 mil in thickness according to ASTM D6988-08 or ISO 4593-1993 or
ISO 4591:1992 standards, and which is provided by a vendor to a customer at the point of sale
for the purpose of transporting goods or merchandise. The term "disposable plastic bag" does not
include:
A. Bags provided by pharmacists to contain prescription drugs;
B. Newspaper bags, door hanger bags, laundry-dry cleaning bags, or bags sold in packages
containing multiple bags and intended for food storage, garbage, pet waste, or yard waste;
C. Reusable bags that are made of cloth or other machine washable fabric that has handles,
or a durable plastic bag that is at least 2.25 mil thick with handles and specifically
designed and manufactured for multiple uses. Reusable bags shall not contain lead,
cadmium, or any other heavy metal in toxic amounts.
D. Disposable paper bags; or
E. Bags used by consumers inside retail stores to:
1. Package bulk items, such as produce, nuts, grains, candy or small hardware
items;
2. Contain or wrap frozen foods, meat, or fish, regardless of whether the items are
prepackaged; or
3. Contain or wrap flowers, potted plants, or other items where moisture may be a
problem.
“Retail store” means a place of business that sells any goods or household items to the ultimate
consumer including, but not limited to: grocery stores; convenience stores; drugstores; hardware
stores; and similar outlets selling general merchandise of any kind, apparel, food (whether
prepared or not), beverages, tools, recreational products, or the like. Retail stores include
premises that may be operated temporarily, seasonally, or for a non-profit purpose.
“Owner” means a person, firm, partnership, corporation, or other entity that exercises control
over a retail store.
Furthermore, the newly-created “Chapter 8.04.065 Disposable Plastic Bags Prohibited”, as part
of “Article II: Health and Safety”, shall read as follows:
8.04.065. Distribution of Disposable Plastic Bags Prohibited
It is unlawful for the owner of any retail store to distribute disposable plastic bags to customers
at or before the point of sale. The owners of retail stores are encouraged to provide recyclable
paper bags, reusable bags, or boxes to customers and establish an at-store recycling program that
provides customers the opportunity to return clean carryout bags.
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A. ENFORCEMENT. The City Manager or his/her designee(s) shall have the primary
responsibility for enforcement of this Section. If the City Manager or his/her designee(s)
determines that a violation of this Section has occurred, he/she shall issue a written
warning to the owner or manager of the retail store indicating that a violation has
occurred, and allowing a reasonable period of time, but not less than thirty (30) days, in
which to cure or abate the violation(s). Subsequent violations of the Article shall be
subject to the penalties set forth below.
B. VIOLATION. A person violating this section shall be liable for a civil penalty as follows:
1. A fine not exceeding two hundred fifty dollars ($250) for the first violation
following a written warning within a one-year period.
2. A fine not exceeding five hundred dollars ($500) for the second and each
subsequent violation within a one-year period.
3. The City may obtain civil injunctive relief, without requirement of bond, upon
proof of three (3) or more violations within a one year period. In any civil
injunctive proceeding the City may also recover its reasonable attorney’s fees and
court costs.
####
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Moab City Council Agenda Item
Meeting Date: August 28, 2018
Resolution 35-2018
Title: Resolution #35-2018—A Resolution to Adopt Guidelines and Procedures for
Community Contributions and Event Sponsorships
Presenter: David Everitt
Attachment(s):
●Revised Community Contributions Overview and Proposed Guidelines
●Revised draft resolution
Suggested Motion: I move to approve Resolution 35-2018 -- A Resolution to Adopt
Guidelines and Procedures for Community Contributions and Event Sponsorships.
Background/Summary:
During the FY19 budget deliberations, the City Council requested that staff propose a
process by which the City could disburse funds to community organizations that provide
services and programs to the residents of Moab as well as financially support certain
special events in the City.
The latest revisions reflect the Council’s recent deliberations.
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CITY OF MOAB
RESOLUTION NO. 35-2018
A RESOLUTION TO ADOPT GUIDELINES AND PROCEDURES
FOR COMMUNITY CONTRIBUTIONS AND EVENT SPONSORSHIPS
WHEREAS, Moab’s municipal government has a desire to support the work of
community-based organizations that benefit the residents of Moab;
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.
Passed and adopted by action of the Governing Body of the City of Moab in open session
on this 28th day of August, 2018.
SIGNED:ATTEST:
______________________________________________
Emily S. Niehaus, Mayor Rachel Stenta, City Recorder
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COMMUNITY CONTRIBUTIONS and SPECIAL EVENTS SPONSORSHIP
PROGRAM
Overview and Guidelines: 2018-2019
The City of Moab recognizes the value of local non-governmental organizations which
provide specialized social services and cultural programs that benefit the citizens of
Moab. As part of its budgeting process, the City Council may provide funds to support
the Community Contributions Program and/or the Special Events Sponsorship
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 2018-2019 is $85,000.
DESCRIPTION OF PROGRAMS:
The 2018-2019 Community Contributions Program provides funds to eligible
community organizations for initiatives that benefit the residents of Moab. Typically,
these initiatives will constitute services that the City of Moab does not provide on its
own, and may include a broad range of social, cultural, recreational, or scientific
endeavors.
Moab’s 2018-2019 Special Events Sponsorship Program provides 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 any expense related to producing special events within the City
limits. Some “Free Speech” events are exempt from this new process. In some
circumstances, for-profit businesses may request a sponsorship if all proceeds from
their special event benefit a local non-profit organization.
ELIGIBILITY STANDARDS:
To be eligible to apply for funds, a local business intending to donate to a local charity or
a community organization must satisfy the following standards: (1) serve the residents
of Moab; (2) intend to donate to or operate as a 501(c)(3) organization or other
tax-exempt entity; (3) directly provide* the social, cultural, recreational, scientific
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program(s) for which funds are sought; and (4) not be a pervasively sectarian religious
institution or requesting funds for specifically religious activities. General operating
expenses are ineligible for consideration, although operating costs related to specific
projects or programs are considered allowable expenses. For-profit companies may be
eligible if all proceeds from funded projects are bestowed upon a qualifying local charity
or City-authorized program.
*"Directly provide" means that the community organization conducts the social
service(s) or cultural program(s) itself rather than through a separate entity to which it
sub-awards monies. A community organization that is affiliated with a church,
synagogue, mosque or similar entity shall not be deemed a "pervasively sectarian
religious institution.”
APPLICATION PROCESS:
I. Completion of Application Form
All interested organizations must complete an application, which will include:
●Indication of Community Contributions request or Special Event Sponsorship
request
●Name and address of the 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 funds and indicate other
proposed revenue sources.
●Number of volunteers and volunteer hours provided by requesting organization
for the project.
●Proof of 501(c)(3) status with a copy of the letter from the IRS or an explanation
of tax-exempt status, or documentation demonstrating that all proceeds from the
event will accrue to a tax-exempt entity.
●A financial overview of the organizational budget for the past two years.
Newly-established organizations will describe their up-to-date financials.
●An explanation of overall organizational annual sources of revenue received by
category (i.e., memberships, donations, government funding, grants). Individual
donor names are not required.
●Any applicant who received 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.
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II. Application Deadline
Completed application form along with supplemental documents must be submitted
by September 15, 2018 for Community Contributions and February 1, 2019 for Special
Event Sponsorships.
III. Evaluation of Applications and Selection Process
Following the application deadline, the Community Contributions Ad-Hoc 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 organizations
best meet the service and program needs that the City seeks to satisfy. Factors to be
considered include, but are not limited to, the following:
A. The organization's responsiveness in clearly stating the benefits to be derived by the
residents of Moab, if funds are awarded;
B. The number of Moab residents by age group served by the organization; and total
number of clients served by the organization;
C. The organization's history of providing community services to the residents of Moab;
and
D. The organization’s financial need for public funds to service Moab residents.
IV. Award of Funds
Following the Community Contributions Committee's screening process, the Committee
will report its findings and recommend a slate of awards to the Mayor and City Council
for Council approval.
V. Execution of Agreement
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
organization will be required to expend the awarded funds within one year of award.
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PL-18-35
Moab City Council Agenda Item
Meeting Date: July 10, 2018
#:8-1
Title: Approval of a Contract Between Mary Woodhead and the City for the position of
Appeals Authority Land Use Hearing Officer
Date Submitted: August 20, 2018
Applicant: N/A
Staff Presenter: Jeff Reinhart, Planning Director
Attachment(s): Ms. Woodhead’s response; SOQ (including MMC 17.72.100-190), Contract
Options: Approve
Suggested Motion: I move to approve the Contract with Mary Woodhead for the position of
Land Use Hearing Officer.
Background/Summary:
Ms. Woodhead responded to our Statement of Qualifications for Hearing Officer and is very well
qualified for the position. The position fulfills state code for an Appeals Authority as required in
UCA Title 10 Section 9a-701 and as provided in Moab Municipal Code (MMC) 17.72.100-190.
She currently serves as the Land Use Hearing Officer for Salt Lake City and recently was a
member of the Salt Lake City Planning Commission and has served as vice-chair and chair for the
board. Some of her other qualifying community service activities include:
Member of the Salt Lake City Board of Land Appeals, 2001 - 2004; Chair, 2004-January
2006;
Member, American Civil Liberties Union of Utah legal panel; and
Board Member, Land Use Chair, Poplar Grove Community Council, 1998-2000.
MMC 17.71.120 states, “The appeal authority shall be comprised of a single hearing officer
appointed by the mayor with the advice and consent of the city council.”
Staff recommends that Mary Woodhead be appointed as Appeals Authority Hearing Officer.
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City of Moab
Request for Statements of Qualifications for the Services of a
Land Use Hearing Officer
The City of Moab seeks the services of a qualified person to act as the City's Appeals
Authority. The City adopted an ordinance providing for the use of a hearing officer to
hear and decide certain land-use related appeals, which was codified as Moab Municipal
Code, §17.72.100-190 (copy attached).
Sealed statements must be received, via mail or in person, prior to 3:00 pm Friday, June
29, 2018. Statements shall be submitted to:
City of Moab
Attention: Rachel Stenta, City Recorder/Assistant City Manager
217 East Center Street
Moab, Utah 84532
rstenta@moabcity.org
Submissions for this position must include the following information:
● The applicant's name, address, telephone number, and email address.
● A résumé which describes in detail the applicant’s educational background,
knowledge, and experience with respect to Utah planning, zoning, and land-use
law, as well as knowledge and experience pertaining to principles of
administrative law.
● A description of the applicant’s professional experience in zoning, land-use,
planning, law, or a related field.
● The date that the applicant would be available to start work.
● Confirmation that the applicant is available on an as-needed basis with adequate
time for preparation and scheduling.
● Three professional references with names, addresses, telephone numbers, and
email addresses.
● A writing sample representative of the applicant’s work.
● Fee schedule. Please consider alternative billing arrangements, i.e., a flat fee, a
fixed fee for each appeal, or other arrangement.
Ideally, statements would demonstrate: a) knowledge of the substantive legal areas; b)
an ability to review and analyze relevant ordinances, documents, testimony, and
agreements; c) an ability to conduct hearings and write rulings; and d) an appropriate
demeanor and a commitment to due process.
Additional Information
Currently the City does not contract with anyone for this position. Appeals of land use
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decisions by City staff are infrequent. However, the City has seen an increase in land
development activity, with an expected increase in appeals in the future.
The appeal process is intended to provide a speedy, efficient, and inexpensive
mechanism to resolve land-use disputes. It is expected that appeals could range from
routine questions of ordinance interpretation that are appropriate for expedited or
summary adjudication, to complex appeals involving an evidentiary hearing and legal
argument. The hearing officer will decide appeals involving: commercial site plans;
master planned developments; zoning code interpretations; non-conforming uses;
variances; flood plain regulations; hillside development regulations; planned unit
developments; subdivisions; accessory uses or structures and secondary dwelling
units; and others.
The City will provide the necessary clerical support and meeting space for all appeals.
City staff will provide a staff report and record of materials pertaining to the appeal.
The hearing officer will be expected to screen all appeals to exclude any conflicts of
interest between the role of the hearing officer and any outside employment, business,
or personal relationships with the appellant or any other parties. The hearing officer
will be required to appear as needed; this would typically be based on a schedule
mutually agreeable to the parties.
The hearing officer will be an independent contractor, and not entitled to any rights or
benefits applicable to City employees. Any contract awarded by the City shall be for a
term not to exceed one year, and terminable by either party upon not less than 30 days
written notice. The contract may be renewed for successive terms upon written
agreement by both parties.
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Relevant Moab Municipal Code Sections
17.72.100. Matrix of advisory, land use authority, and appeal bodies.
A. The appeal authority is authorized to hear and decide the following appeals, which are designated by
the term AA in the column labeled “Appeal Body.” As used in this matrix, PC means planning
commission; CC means city council; DC means district court; BC means the boundary commission; and
NA means not applicable.
Application/Action Advisory
Body
Land Use
Authority Appeal Body
Required
Public
Hearing
Zone Change Planning
Commission
(PC)
City Council
(CC)
District Court
(DC)
Yes, PC
Land Use Map Amendment or
Text Amendment
PC CC DC Yes, PC
General Plan Amendment CC CC DC Yes, PC
Annexation PC CC Boundary
Commission/
DC
Yes, CC
Pre-Annexation Agreement NA CC DC No
Conditional Use PC CC DC No
Site Plan Tier I NA Staff AA No
Site Plan Tier II Staff PC AA No
Master Planned Development
Prelim. MPD
PC CC AA Yes, PC
Master Planned Development
Final MPD
PC CC AA No
Zoning Code Interpretation NA Zoning
Administrator
AA No
Nonconforming Use NA Zoning
Administrator
AA No
Variances Zoning
Administrator
AA DC No
Floodplain Ordinance NA Zoning
Administrator
AA No
Hillside Ordinance PC CC AA No
Planned Unit Development PC CC AA Yes, PC
Subdivision, Less than Five Lots Staff PC AA No
Subdivision, Five Lots or More PC CC AA Yes, PC
Home Occupation NA Zoning
Administrator
AA No
Accessory Use or Structure NA Zoning
Administrator
AA No
Secondary Dwelling Unit NA Zoning
Administrator
AA No
Geologic Hazard Determination Staff Same as for
the
Underlying
Application
Expert Panel
per Section
17.72.230
No
B. In the event of any conflict between the designation of the applicable appeal authority in this
section and the terms of any other provision of the Moab Municipal Code, the terms of this section shall
control.
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C. Where the appeal authority is not designated as the appellate body, review shall be obtained by
filing an action in the district court. (Ord. 17-23 (part), 2017)
Editor’s note—Ord. No. 10-06, adopted November 9, 2010, in effect repealed the former §§ 17.72.100-
-17.72.240, and enacted new §§ 17.72.100--17.72.240 as set out herein. The former §§ 17.72.100--
17.72.240 pertained to the board of adjustments and derived from prior code §§ 27-25-9--27-25-21.
Editor’s note—Ord. No. 17-23, adopted July 25, 2017, repealed the former §§ 17.72.100--17.72.170 and
enacted new §§ 17.72.100--17.72.170 as set out herein. The former §§ 17.72.100--17.72.170 pertained to
appeals and derived from Ord. No. 10-06.
17.72.110 Reserved.
Editor’s note—See editor’s notes at Section 17.72.100.
17.72.120 Hearing officer to serve as appeal authority.
A. The appeal authority shall be comprised of a single hearing officer appointed by the mayor with the
advice and consent of the city council. The person appointed to serve as the hearing officer shall be a
person with: (1) knowledge of the Moab Municipal Code and zoning matters, generally; and (2)
knowledge of adjudicatory hearing procedures and the due process rights of land use applicants and
other hearing participants.
B. The hearing officer shall be paid for services performed pursuant to a contract and at such rates as
shall be approved by the city council. The hearing officer shall serve for a term of four years from the
date of appointment. (Ord. 17-23 (part), 2017)
Editor’s note—See editor’s notes at Section 17.72.100.
17.72.130 Jurisdiction.
A. As a condition precedent to obtaining judicial review, each adversely affected party shall challenge
the decision of the applicable land use authority by filing an appeal under this chapter. The appeal
authority shall have jurisdiction to hear and decide only the following:
1. Appeals of decisions interpreting this title (zoning), Title 16 (subdivisions), and Chapter
15.40 (floodplain matters) as shown in the appeal matrix in Section 17.72.100.
B. In any appeal where a party claims that the land use authority reached a decision in violation of
state or federal laws, as opposed to provisions of the Moab Municipal Code, the appeal authority shall
not have jurisdiction to decide the matter, and review shall be obtained before the district court. (Ord.
17-23 (part), 2017)
Editor’s note—See editor’s notes at Section 17.72.100.
17.72.140 Notice of appeal and appeal fee.
A. Any person adversely affected by a decision which is within the jurisdiction of the appeal authority
may appeal under this chapter. An appeal shall be commenced by filing a written notice of appeal and
paying the applicable fee, as set by the council from time to time. The city must receive the notice of
appeal and appeal fee no later than thirty calendar days from the date of the decision by the city which is
the subject of the appeal.
B. An untimely appeal shall be dismissed with prejudice. (Ord. 17-23 (part), 2017)
Editor’s note—See editor’s notes at Section 17.72.100.
17.72.150 Conduct of hearings.
A. All hearing shall be conducted in a quasi-judicial manner and be recorded. The hearing officer shall
conduct and control the hearing, administer oaths, and receive all evidence. Any interested party may
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offer evidence in the form of live testimony or by providing documentary or other forms of evidence.
The Utah Rules of Evidence shall not apply; however, the hearing officer has discretion to exclude from
consideration any evidence which is deemed to be immaterial, irrelevant, or unreliable.
Additionally, the hearing officer has discretion to weigh the credibility and demeanor of witnesses who
provide testimony where the appeal centers on disputed issues of fact.
B. Hearings shall be scheduled with reasonable promptness, depending on the scope of the issues
subject to review. The hearing officer may enter pre-hearing orders with respect to discovery, disclosure
of witnesses and exhibits, or the like.
C. Any interested party may appear individually or be represented by an attorney.
D. The appealing party has the burden of proof to show that the decision or order of the city was
unlawful, arbitrary, or capricious.
E. All hearings shall be open to the public and notice of same shall be provided as otherwise provided
for other public meeting of city bodies.
F. The decision of the appeal authority shall be in writing, and shall contain findings of fact and
conclusions of law. The appeal authority may affirm the decision, in whole or in part; reverse the
decision, in whole or in part; or modify the decision as is warranted by the law and the evidence. (Ord.
17-23 (part), 2017)
Editor’s note—See editor’s notes at Section 17.72.100.
17.72.160 Stay of decision.
The filing of an appeal under this chapter does not stay the decision that is the subject of the appeal. To
obtain a stay the appealing party must separately file a written request for stay with the appeal
authority, which must show that the appealing party will suffer irreparable harm if the stay is not
granted. The request for stay should be accompanied by the evidence, documents, or other information
the appellant relies upon in support of its request for stay. (Ord. 17-23 (part), 2017)
Editor’s note—See editor’s notes at Section 17.72.100.
17.72.170 Exhaustion of administrative remedies--District court review.
A. If a matter is within the jurisdiction of the appeal authority, the interested party must exhaust all of
its administrative remedies by seeking review and a decision by the appeal authority prior to seeking
review by the district court. Every theory of relief predicated upon the interpretation of the Moab
Municipal Code must first have been presented to the appeal authority to be preserved for review by the
district court.
B. A party wishing to appeal the final decision of the appeal authority must commence an action in the
district court no later than thirty calendar days from the date of the final written decision by the appeal
authority. A judicial action which is not commenced within that time shall be dismissed with prejudice.
C. Review by the district court shall be based solely on the record before the appeal authority. The
appeal authority shall promptly transmit the record of its proceedings, including the transcript of the
recorded hearing, all exhibits and other evidence, and all orders entered in the proceeding. The cost of
preparing the transcript shall be paid by the appellant prior to transmittal of the record to the district
court.
D. In any district court proceeding under this chapter the appealing party has the burden of proof to
show that the decision of the appeal authority was arbitrary, capricious, or illegal. (Ord. 17-23 (part),
2017)
Editor’s note—See editor’s notes at Section 17.72.100.
17.72.180 Variance.
Any person or entity desiring a waiver or modification of the requirements of the zoning ordinance as
applied to a parcel of property that he/she owns, leases, or in which he/she holds some other beneficial
interest may apply to the appeal authority for a variance from the terms of the zoning ordinance.
(Ord. No. 10-06, 11-9-10)
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Editor’s note—See editor’s note at Section 17.72.100.
17.72.190 Standards.
A. The appeal authority may grant a variance only if each of the following conditions is met:
1. Literal enforcement of the zoning ordinance would cause an unreasonable hardship for the
applicant that is not necessary to carry out the general purpose of the zoning ordinance;
2. There are special circumstances attached to the property that do not generally apply to
other properties in the same district;
3. Granting the variance is essential to the enjoyment of a substantial property right possessed
by other property in the same district;
4. The variance will not substantially affect the general plan and will not be contrary to the
public interest; and
5. The spirit of the zoning ordinance is observed and substantial justice done.
B. In determining whether or not enforcement of the zoning ordinance would cause unreasonable
hardship under subsection A of this section, the appeal authority may not find an unreasonable
hardship unless the alleged hardship:
1. Is located on or associated with the property for which the variance is sought; and
2. Comes from circumstances peculiar to the property, not from conditions that are general to
the neighborhood.
C. In determining whether or not enforcement of the zoning ordinance would cause unreasonable
hardship under subsection A of this section, the appeal authority may not find an unreasonable
hardship if the hardship is self-imposed or economic.
D. In determining whether or not there are special circumstances attached to the property under
subsection A of this section, the appeal authority may find that special circumstances exist only if the
special circumstances:
1. Relate to the hardship complained of; and
2. Deprive the property of privileges granted to other properties in the same district.
E. The applicant shall bear the burden of proving all of the conditions justifying a variance have been
met.
F. Variances run with the land.
G. The appeal authority may not grant use variances.
H. In granting a variance, the appeal authority may impose additional requirements on the applicant
that will:
1. Mitigate any harmful affects of the variance; or
2. Serve the purpose of the standard or requirement that is waived or modified.
(Ord. No. 10-06, 11-9-10)
Editor’s note—See editor’s note at Section 17.72.100.
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1
PROFESSIONAL SERVICES AGREEMENT
LAND USE HEARING OFFICER
This Professional Services Agreement (Agreement) is entered into by and between the
City of Moab, a Utah municipality (City), and Mary J. Woodhead (Consultant), as follows.
1. Scope of Work. Consultant agrees to provide labor and professional services as a
hearing officer in connection with City land use appeals as required under Moab Municipal
Code (MMC) § 17.722.100‐190. Consultant will be available on an as‐needed basis to hear and
decide land use appeals arising under applicable provisions of the Moab ordinances, including
review of site plans; master planned developments; zoning code interpretations; non‐
conforming uses; variances; flood plain regulations; hillside development regulations; planned
unit developments; subdivisions; and accessory uses and structures (including secondary
dwelling units).
a. Work shall include but not be limited to: participating in telephone conferences;
conferring with parties and establishing pre‐hearing orders; setting hearings; administering
oaths; conducting hearings; and issuing written rulings. Consultant shall conduct hearings in a
quasi‐adjudicatory manner, in conformity with City ordinances, and in a manner that is
consistent with the City’s obligations to afford due process to all appeal participants.
b. All hearings shall be held at City offices in Moab, unless otherwise agreed by the
participants. The City will provide suitable meeting space for the conduct of all appeals.
c. Consultant will issue written rulings containing findings of fact and conclusions of
law, and containing appropriate citations to the evidence and legal authorities that inform the
decision.
2. Term. Work may commence upon the effective date of this Agreement and shall be
complete no later than four (4) years from the effective date. Either party may terminate this
Agreement by delivering written notice no less than thirty (30) days advance of the date of
termination.
3. Payment Terms. Consultant will be compensated at the rate of one hundred twenty
five dollars ($125) per hour for professional services, with a cap of one thousand dollars
($1,000) per case. Fees for professional services will be considered earned at the time a final
order is issued by Consultant, or the case is otherwise resolved (i.e. by dismissal or stipulation).
Consultant shall issue a written invoice to the City detailing all sums owing. The City will pay all
sums owing no later than thirty (30) days from the date of receipt.
a. Consultant will be reimbursed for reasonable travel and lodging expenses incurred in
the performance of services under this Agreement (i.e. for hearings in Moab).
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2
Vehicle mileage for travel will be reimbursed at the current Internal Revenue Service
rate (currently 54.5 cents per mile).
4. Relationship of the Parties; Conflicts of Interest; Confidentiality. The relationship
between the parties is that of independent contractors. Neither party has the authority to act
for, or otherwise bind the other. Both parties disclaim the existence of any employer/employee
relationship, joint venture, partnership, or other business relationship.
a. Consultant is free to engage in other work for other persons, provided that any
such work does not interfere with the performance of this Agreement. Consultant shall not
engage in any business or other transactions with third parties that would result in its duties or
professional obligations to the City under this Agreement being compromised or impaired.
b. At the inception of each appeal, Consultant shall screen the matter to assure
that Consultant has no pre‐existing business, personal, or attorney/client relationship that
would present a conflict of interest that would preclude acting as a hearing officer in the
matter. Consultant shall adhere to all applicable provisions of the Utah Rules of Professional
Conduct as they may pertain to professional services under this Agreement.
c. In the performance of this Agreement Consultant may be exposed to
confidential or non‐public information which is protected by law. If it is exposed to confidential
or non‐public information, Consultant agrees that it shall not publish or otherwise disclose that
information to any other persons without the advance written consent of the City.
d. The parties agree that Consultant does not have, and shall not have, an
attorney/client relationship with the City for the duration of this Agreement.
5. Taxes and Insurance. Consultant shall be solely responsible for payment of all taxes
arising from compensation paid under this Agreement, and shall be responsible for payment of
all payroll taxes associated with its employees or otherwise arising from his business.
a. To the extent provided by law, Consultant shall carry complying policies of
worker’s compensation insurance covering all employees who perform services under this
Agreement. All vehicles used in connection with Consultant’s professional services shall be
properly licensed, insured, and registered.
b. Consultant shall maintain in force for the duration of this Agreement attorney’s
professional liability insurance coverage with a policy limit of not less than one hundred
thousand dollars ($100,000.00).
6. Licensure. Consultant shall maintain in good standing her license to practice law in the
State of Utah for the duration of this Agreement. In the event of any change to her licensure,
Consultant shall promptly notify the City.
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3
7. Notices. Notices to the parties shall be delivered by first class mail, postage prepaid,
hand delivery, or courier delivery and by email as follows. Notice shall be deemed received
three (3) days from the date of transmittal. The parties may change their notice address at any
time by providing written notice in the manner provided to the other party.
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4
City:
City of Moab
Attention: David Everitt
217 East Center Street
Moab, Utah 84532
Everitt@moabcity.org
Consultant:
Mary J. Woodhead
Attorney at Law
380 West 200 South, Suite 101
Salt Lake City, Utah 84101
mjwoodhead@att.net
8. Miscellaneous Provisions.
a. This Agreement is governed by Utah law, and the sole venue for any dispute
arising from or under this Agreement shall be the courts of Grand County, Utah. The parties
agree that any dispute arising from or under this Agreement shall be decided by the Court
sitting without a jury, regardless of the denomination of any legal claims which may be brought.
b. The City is a Utah local government. Nothing under this Agreement shall be
deemed to abrogate or otherwise waive any immunity which the City possesses under the Utah
Governmental Immunity Act, U.C.A. § 63G‐7‐101 et seq., or other applicable law.
c. This Agreement shall not be assigned, in whole or in part, to any other person
without the advance written agreement of both parties, and any purported assignment in
violation of this Agreement shall be void.
d. This Agreement constitutes the sole and complete agreement of the parties. It
shall not be amended or modified, except in a writing duly signed and properly executed by
both parties in the manner otherwise provide by law. Consultant is advised that any contract
modification (exclusive of the contingency specified in Section 3, above) must be duly executed
by the applicable City representative and witnessed by the City Recorder. Emails or other
routine staff communications do not constitute a contract modification.
e. If any part of this Agreement shall be held to be unenforceable, it shall be
stricken, and the remainder of this Agreement shall be enforced without the unenforceable
provision.
f. The effective date of this Agreement is the date of last signature by the parties.
g. This document may be executed in separate identical counterparts which, when
combined, shall evidence a valid and binding contract.
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5
h. Time is of the essence in the performance of all obligation under this Agreement.
i. This Agreement is the product of mutual bargaining; it shall be interpreted in
accordance with its plain meaning, regardless of the extent to which either party contributed to
the drafting.
j. The City’s obligations under this Agreement are subject to the City’s right to
budget for and appropriate sums necessary to perform same. Nothing in this Agreement shall
constitute a multiple year fiscal obligation or otherwise encumber future fiscal years beyond
the year in which this Agreement is executed.
This contract is a valid, binding, and enforceable obligation of the parties, as set forth by
their signatures, below.
CITY OF MOAB, UTAH:
By:_______________________________ _________________
David Everitt, City Manager Date
ATTEST:
By:_________________________ ___________________
Rachel E. Stenta Date
City Recorder
CONSULTANT:
By:________________________________ ___________________
Mary K. Woodhead Date
‐End of Document‐
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