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HomeMy Public PortalAboutPKT-CC-2018-09-25 Moab City Council September 25, 2018     Pre-Council Workshop 6:00 P.M. REGULAR COUNCIL MEETING 7:00 P.M. Moab City Council Chambers City Center (217 East Center Street) Page 1 of 353 Page 2 of 353   City Council Regular Council Meeting City Council Chambers  Tuesday, September 25, 2018 at 6:00 p.m.     6:00 p.m. PRE-COUNCIL WORKSHOP  Administrative Work Plan Review  Lethality Assessment Program Briefing 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES 1-1 September 10, 2018 1-2 September 17, 2018 SECTION 2: MAYOR AND COUNCIL REPORTS SECTION 3: ADMINISTRATIVE REPORTS SECTION 4: CITIZENS TO BE HEARD SECTION 5: PRESENTATIONS 5-1 Mayor’s Student of the Month Awards for Helen M. Knight Elementary and Moab Charter Schools for September 2018 SECTION 6: SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Moab Folk Festival – Center Street Ballfields from November 3 to 4, 2018  Approval of Alcohol Permit/Local Consent 6-2 Home and Hope Taste of Moab – Grand Center on October 27, 2018  Approval of Retail Beer License, Local Consent and Fee Waiver Request not to exceed $200 217 East Center Street  Moab, Utah 84532  Main Number (435) 259‐5121  Fax Number (435) 259‐4135  www.moabcity.org  Page 3 of 353 6-3 All Good Superfresh – 301 South Main Street September 26 to December 31, 2018  Approval of Private Property Vendor License for Lauren Flores 6-4 Maverik Inc. #238 – 435 North Main Street and Maverik Inc. #341 – 985 South Highway 191  Granting of Local Consent for Off-Premise Beer Retailer Licenses SECTION 7: OLD BUSINESS 7-1 Resolution #43-2018 – Approving Interlocal Agreement with Grand County Community Reinvestment Agency to Conduct Project Area Development Projects  Follow-up Discussion and Possible Approval 7-2 Ordinance #2018-15 – Modifying Business Licensing, Special Event and Street Performer Permitting, Processes and Requirements  Follow-up Discussion and Possible Approval SECTION 8: NEW BUSINESS 8-1 Mill Creek Drive West Extension Construction Project Bid and Contract - $1,935,078.44  Award and Approval to Harrison Field Services 8-2 Solid Waste Hauling Contract Request for Proposals  Discussion and Formal Input from Council 8-3 Resolution #46-2018 – Amending the Annual Budget for Fiscal Year 2018-2019  Initial Briefing and Request to Set Public Hearing Date for October 10, 2018 SECTION 9: EXECUTIVE CLOSED SESSION 9-1 An Executive Session for a Strategy Session to Discuss Pending or Reasonably Imminent Litigation 9-2 An Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 11: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting  should notify the Recorder’s Office at 217 East Center Street, Moab, Utah 84532;  or phone (435) 259‐5121 at least three  (3) working days prior to the meeting.  Check our website for updates at: www.moabcity.org  Page 4 of 353   Page 1 of 5  September 10, 2018  MOAB CITY COUNCIL MINUTES--DRAFT REGULAR CITY COUNCIL MEETING SEPTEMBER 10, 2018 Call to Order and Attendance: The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A recording of the meeting is archived at http://www.utah.gov/pmn/index.html. In attendance were Mayor Emily Niehaus, Councilmembers Kalen Jones, Rani Derasary, Mike Duncan, Tawny Knuteson-Boyd and Karen Guzman-Newton. Also in attendance were City Manager David Everitt, Recorder/Assistant City Manager Rachel Stenta, City Attorney Chris McAnany, City Planner Jeff Reinhart, Development Services Manager Sommar Johnson, Communications Director Lisa Church, Treasurer Jennie Ross, Deputy Treasurer Chantel Lindsay, Senior Project Manager Tracy Dutson, City Engineer Chuck Williams and Records Specialist Eve Tallman. Workshop: Mayor Niehaus called the workshop to order at approximately 5:15 PM. The workshop consisted of a discussion on the subject of municipal code revisions regarding conditional uses. Council and Planning Staff reviewed and edited the code for the C-1 zone. A discussion of sororities and fraternity houses ensued, as well as a conversation about whether to allow Bed and Breakfast establishments or other forms of overnight lodging in certain zones. Affordable housing was debated, including residential units located on the ground floor in commercial zones. Parking requirements were mentioned and it was noted these would be addressed in a future meeting regarding the Parking Plan. A future code workshop was planned. Regular Meeting: Mayor Niehaus called the Regular City Council Meeting to order at 7:00 PM and led the Pledge of Allegiance. Twenty-five members of the public and media were present. Approval of Minutes: Councilmember Duncan moved to approve the minutes of the August 17, 28, 29 and 31, 2018 meetings. Councilmember Jones seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman-Newton and Duncan voting aye. Councilmember Derasary noted she did not attend the August 17 meeting and Councilmember Guzman-Newton noted she was absent for the August 31 meeting. Mayor and Council Reports: Mayor Niehaus introduced the topic of a joint meeting with the County Council. Agenda items proposed included the Transient Room Tax (TRT) and the assured housing policy. The date was to be determined. Mayor Niehaus reported she attended a meeting of the Utah State University (USU) steering committee and also announced she had been invited to the White House for a meeting of female mayors from across the country. She indicated she accepted the invitation. The mayor went on to report on the ArtTrails program. She stated there is a new installation of public art sculptures and that Peter Hazel’s sculpture “The Hatch” had won this year’s People’s Choice award. Mayor Niehaus concluded with a report of a field trip to Johnsons Up On Top with City consultant Dr. Ken Kolm and members of the City’s Water Conservation Board to learn about the area’s hydrogeology and water issues. Councilmember Derasary reported she attended the August 31 briefing by USU staff regarding the proposed Moab campus, and she noted USU’s commitment to providing educational opportunities that meet the community’s needs. Derasary reported on a meeting she attended for the Emergency Medical Services Special Services District where bylaws and other establishing documents were adopted. Derasary mentioned she joined the water field trip. Page 5 of 353   Page 2 of 5  September 10, 2018  Councilmember Duncan also mentioned his work on water-related topics and noted it could be another year before the City receives the finalized groundwater report from the United States Geological Survey (USGS). Duncan mentioned evidence that Kens Lake is leaking and the leaks may be supplying water to wells in Spanish Valley, including the newly-drilled well designated to supply water to future developments in San Juan County. Duncan described a workshop he attended about the Living Building Challenge that covered performance standards for buildings. Councilmember Knuteson-Boyd reported on a Faith-Based Coalition meeting where the City’s sewer rates were discussed. Councilmember Guzman-Newton reported Canyonlands Field had surpassed a threshold with 10,032 enplanements in the year, which qualified Grand County for $1 million in federal aid. Councilmember Jones reported he attended the USU steering committee meeting as well as the Living Building Challenge workshop. He also mentioned his attendance at a Housing Task Force meeting at which the high-density housing overlay was discussed. He mentioned that assured housing was getting some negative feedback in the community. Jones concluded with a mention of a Dark Skies meeting he attended with Deb Dull and other staff from Rocky Mountain Power (RMP). He noted eighteen other communities are now interested in the lighting improvements proposed by the Dark Sky program being established by RMP engineers. Administrative Report: City Manager Everitt reported he also attended the Faith-Based Coalition meeting. In addition, he mentioned an upcoming budget opening planned for the Fall. He brought up a joint workshop on the Downtown Plan and the Parking Plan. He concluded with a remark about the fire fuels reduction planning for the City’s riparian areas. City Treasurer Jennie Ross announced her retirement on October 15. She mentioned she had some questions about the Finance Director position and indicated the Deputy Treasurer, Chantel Lindsay, had worked with her for eight years of the 17 she had served as Treasurer. She praised Lindsay’s capabilities and stated she had been planning for the transition. Citizens to be Heard: Jason Ramsdell spoke in support of the plastic bag ban. He stated there were a lot of problems in the world such as global warming and speculated that this step in Moab may not make a difference but it is a gesture. He stated that it sends a message that Moab does care. Sara Melnicoff stated she disagreed with Mr. Ramsdell because she felt the bag ban does make a difference. She mentioned that everyone she knows in the community supports the ban. She noted the ripple effect of recycling the bag ban and felt it was going in the right direction. Audrey Graham spoke in support of assured housing. She cited her involvement with policy efforts starting before 2009. She also noted she is in favor of the bag ban. Liz Ballenger submitted a written comment indicating she is in support of the plastic bag ban. Presentation: Students of the Month: Mayor Niehaus awarded the Mayor’s Student of the Month Award for the Grand County Middle School for September 2018 to Eighth Grader Kyson O’Donnal. She also mentioned Seventh Grader Sadie Groene, who was not present for the award. Page 6 of 353   Page 3 of 5  September 10, 2018  Special Events/Vendors/Beer Licenses: Quesadilla Mobilla—Approved Motion and Vote: Councilmember Jones moved to approve a Private Property Vendor License for Steven Lucarelli and Carrie Finn, doing business as Quesadilla Mobilla located at 95 North Main Street for a term of October 1, 2018 to November 30, 2018 and March 1, 2019 to September 30, 2019. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Café Italiano--Approved Motion and Vote: Councilmember Derasary moved to approve a Private Property Vendor License for Huseyin Deniz, doing business as Café Italiano, located at 83 South Main Street for a term of September 11, 2018 to September 10, 2019. Councilmember Guzman-Newton seconded the motion. Councilmember Jones asked if staff had confirmed adequate space for the vendor. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Old Business: Prohibiting Distribution of Single-Use Plastic Bags—Approved Discussion: City Manager Everitt said slight edits had been made to the version presented for approval. Councilmember Derasary clarified the ordinance would take effect on January 1. Mayor Niehaus clarified there would be warnings issued to violators and then fines could be imposed for up to $250. Councilmember Derasary asked if the outreach plan would be as proposed and Mayor Niehaus brought up a future town hall meeting as well as other outreach efforts. There was consensus that there had not been any serious concerns expressed regarding the proposed ordinance. Councilmember Derasary referenced several historic actions taken by Council that reinforced the Council’s proposed ordinance, including the pride the City has taken with regard to being the first wind-powered city, the resolution establishing renewable energy goals, and the Sustainable Moab Plan. She mentioned the City’s interest in fostering a cleaner, healthier environment as well as lessening negative impacts on the environment, including waste minimization and maximizing the lifespan of the landfill and preserving viewsheds. Mayor Niehaus asked City Attorney McAnany if he had any legal concerns. McAnany acknowledged the wisdom of the graduated rollout of the plan. He explained the governing body has the authority to regulate businesses and to regulate solid waste operations for public health and safety. He indicated there was some potential for higher jurisdictions to usurp the authority of the City, and he remarked he found it doubtful the plastic bag industry would protest. Councilmember Jones referenced the impacts single-use plastic bags have on the solid waste district and mentioned the cooperation assured by the manager of City Market. Duncan and Guzman- Newton mentioned plastic pollution in the ocean and noted plastic does not biodegrade. Motion and Vote: Councilmember Jones moved to approve Ordinance #2018-17 – Prohibiting Distribution of Disposable, Single Use, Carryout Plastic Bags. Councilmember Guzman-Newton seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Community Contributions Guidelines and Procedures—Approved Discussion: Mayor Niehaus thanked staff for their efforts. Councilmember Derasary requested Special Event Sponsorships be added to the title of the resolution. Councilmember Guzman- Newton asked for clarification regarding the amount available for 2018. Councilmember Jones mentioned his apprehension about an increased impact on the budget due to the change from fee waivers to cash awards. It was mentioned that the deadlines and programs could be mentioned at the upcoming town hall event. Page 7 of 353   Page 4 of 5  September 10, 2018  Motion and Vote: Councilmember Jones moved to approve Resolution #35-2018 – Adopting Guidelines and Procedures for Community Contributions and Event Sponsorships. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. New Business: UMTRA Site Futures—Approved Presentation: Russ von Koch, the Chair of the Site Futures Committee presented plans for the Uranium Mill Tailings Remedial Action (UMTRA) site. He outlined historic proposals for hotels, a commercial zone, an ice rink and federal offices which he said now had less support and that new interests include affordable housing and resident-friendly uses. Traffic congestion was mentioned as a concern. von Koch outlined plans for trails, a convention center, food court, artist village, and mentioned committee member Norm Boyd is Charlie Steen’s nephew and interest in an interpretive exhibit about uranium mining. Prospector Park is the tentative name for the development. Mayor Niehaus clarified that Grand County is proposed to be the future steward of the land with no plan for annexation into the City. Councilmember Derasary thanked Councilmember Knuteson-Boyd’s efforts in Washington, DC to ensure Congressional funding to continue the site cleanup and Derasary also acknowledged committee members Saxon Sharpe, Norm Knapp, Jason Johnson and Tony Mancuso. Motion and Vote: Councilmember Duncan moved to approve Resolution #42-2018 – Supporting the 2018 Update to the Community Vision for Future Uses of the Moab UMTRA Project Site. Councilmember Jones seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Water Board Appointment—Approved Motion and Vote: Councilmember Duncan moved to confirm the Mayoral Appointment of Dr. Denver Perkins to the Water Conservation and Drought Management Advisory Board for a term ending 12/31/2020. Councilmember Knuteson-Boyd seconded the motion. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman- Newton voting aye. Assured and Affordable Housing—Discussion Planning staff made a brief presentation regarding the Planned Affordable Development (PAD) timeline for deliberation and consideration for approval. City Attorney McAnany briefly explained the content of the proposed assured housing ordinance and the timeline for Planning Commission review before Council discussion. 100 West Task Order—Approved Motion and Vote: Councilmember Duncan moved to approve a 100 West Construction Management Task Order with Bowen Collins and Associates for an amount not to exceed $90,441.00. Councilmember Derasary seconded the motion. Councilmember Jones noted a correction in the billing and Councilmember Duncan asked if the consulting services were a better value than hiring more staff. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Finance Director Position—Approved Discussion: City Manager Everitt explained the funding for the position was approved in the budget and state statute required an ordinance to create the position, which is a mayoral appointment confirmed by Council. Everitt briefly described the roles of Finance Director, Treasurer and a proposed Billing Clerk. Councilmember Guzman-Newton remarked on the role of the City Manager regarding financial planning and noted the expense of adding high level Page 8 of 353   Page 5 of 5  September 10, 2018  staff positions. Everitt explained his shifting duties and his aim to be more involved in personnel management and other obligations. City Recorder/Assistant City Manager Stenta brought up the work that had been done by consultants on financial forecasting and how much more could be done. Guzman-Newton asked if adding the position was sustainable. Everitt described the need for increased sophistication and contended the proposed staffing model was sustainable. He explained there are many tools at the City’s disposal in the event of a recession, including layoff, hiring freeze, pay freeze and deferred maintenance. Stenta noted it was a team effort that resulted in the proposed new position. Motion and Vote: Councilmember Jones moved to approve the establishment of the Position of a Finance Director. Councilmember Knuteson- Boyd seconded the motion. The motion carried 4-1 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd and Duncan voting aye and Guzman-Newton voting nay. William Hansen Annexation Petition—Accepted Motion and Vote: Councilmember Guzman-Newton moved to accept the Annexation Petition to Proceed with the Certification Process from Sponsor William Hansen for 58.90 Acres located at Approximately 1248 South Highway 191. Councilmember Derasary seconded the motion. Councilmember Duncan asked for clarification regarding whether accepting the annexation petition does not mean the City agrees with the requested zoning. Councilmember Derasary asked for clarification regarding service providers for utilities. The motion carried 5-0 aye, with Councilmembers Derasary, Jones, Knuteson-Boyd, Duncan and Guzman-Newton voting aye. Townhall Meeting in October 2018—Discussion Dates and topics for a proposed Town Hall meeting were reviewed. Approval of Bills: Councilmember Guzman-Newton moved to approve payment of bills against the City of Moab in the amount of $126,587.20. 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 Knuteson-Boyd moved to adjourn the meeting. Councilmember Jones 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 9:45 PM. APPROVED: __________________ ATTEST: ___________________ Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder Page 9 of 353   Page 1 of 1 September 17, 2018 MOAB CITY COUNCIL MINUTES--DRAFT SPECIAL CITY COUNCIL WORKSHOP MEETING SEPTEMBER 17, 2018 Call to Order and Attendance: The Moab City Council held a Special Workshop Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. A meeting recording is archived at http://www.utah.gov/pmn/index.html. Mayor Emily Niehaus called the meeting to order at 12:06 PM. In attendance were Councilmembers Kalen Jones, Rani Derasary and Mike Duncan. Councilmember Karen Guzman-Newton arrived at 12:11 PM. Also in attendance were City Manager David Everitt, City Planning Director Jeff Reinhart, Development Services Manager Sommar Johnson and Records Specialist Eve Tallman. Conditional Uses in Residential and Commercial Zones: The workshop began with a brief recap of progress to date on conditional uses in residential zones. Development Services Manager Johnson continued discussion of conditional uses in the C-3 commercial zone. Residential use scenarios in C-3 and parking were discussed. Historic dwellings were discussed in the zone and Councilmember Derasary expanded the discussion to include any primary residential property in the C-3 zone. Parking structure and lot regulations and design criteria were discussed. Veterinary clinics with indoor kennels was the next topic. Derasary also brought up proposed changes for residential uses in the downtown area and Councilmember Guzman- Newton broadened the conversation to include nightly lodging. City Manager Everitt brought up the major nature of a change to restrict residential or lodging uses on the ground floor in the commercial zone. It was proposed to arrange a workshop meeting to discuss growth-related zone changes. Johnson mentioned the in-progress Downtown Plan may consider related questions. Further discussion was proposed for the upcoming regular council meeting. Occupancy of residences used for employee housing was briefly touched on. The conversation moved to the C-4 General Commercial Zone and the Sensitive Area Resort (SAR) zone. Dust, noise and other impacts of temporary asphalt and concrete batch plants were discussed. Johnson noted the definition of temporary was not established. Derasary clarified it was noted elsewhere that the period was defined as one year. Hours were discussed. Campgrounds were discussed and proximity to schools. The C-5 Neighborhood Commercial Zone was next considered. Size thresholds for enterprises and definitions were deliberated. City Manager Everitt suggested that the impacts on neighborhoods of certain enterprise types were the driving force of allowed uses. Discussion ensued regarding a zoning change for maximum dwelling units per acre for the R-2 and R-3 zones, respectively, to a new possible limit of 22 units per acre. Mayor Niehaus suggested that the public would weigh in on Planned Area Developments. The maximum 22 units per acre designation was proposed to be omitted from the code. Multi-household and high-density residential zones were discussed. Adjournment: Councilmember Jones moved to adjourn the meeting. Councilmember Guzman-Newton seconded the motion. The motion passed unanimously. Mayor Niehaus adjourned the meeting ended at 1:40 PM. APPROVED: __________________ ATTEST: ___________________ Emily S. Niehaus, Mayor Rachel E. Stenta, City Recorder Page 10 of 353 Moab City Council Agenda Item Meeting Date: September 25, 2018 #:6-1 Title: Approval of Alcohol Permit/Local Consent for the Moab Folk Festival to be held at the Center Street Ballfields from November 3, 2018 through November 4, 2018. (All other dates and venues have been Administratively Approved by the Special Events Review Committee) Date Submitted: August 17, 2018 Staff Presenter: Carmella Galley Attachment(s): Full Event Application for review Class IV Special Event Beer License Application Application for Local Consent Options: Approve, deny, or modify. Recommended Motion: I move to approve the “Class IV Special Event Beer License and give Local Consent for the Moab Folk Festival.” Background/Summary: Friends of the Moab Folk Festival have submitted all of the required applications to hold the annual Moab Folk Festival/Moab Folk Camp, utilizing the Center Street Ball Fields, the MARC, Star Hall, Sun Court, and the Grand County High School and Three Dogs and A Moose. The Moab Folk Camp will be conducting workshops at the MARC and Three Dogs and A Moose. The Moab Folk Festival is a long-standing event with established protocols and procedures. This event rarely generates complaints and is well-run. The event provides broad-based benefits to the community, justifying use of the Center Street Ball Fields for the event. As mentioned above the event has been administratively approved. The application outlining each venue and their corresponding dates are included for reference. Staff Recommendations: Staff administratively approved the event with the following conditions: 1.We have conferred with the coordinator for the event and are of theopinion that all issues from the past have been or will be adequatelydealt with. Approval of the Park Alcohol Permit should be conditioned Page 11 of 353 upon securing state approval of the Special Event Beer Permit and submitting said permit and documentation to the City. 2. Water barrels will be used to secure tents and canopies. 3. A vendor list is provided seven days prior to the event. Page 12 of 353 Date Received Application:. __ j-'--(?{__,_-'--1 _{_ APPROVALS: Receipt Number:. _______ _ 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: events@moabcity.org Other Staff Approval: _____ _ Date ______ _ TYPE OF ACTIVITY check all that apply:D Film Production D Parade 0 Cycling O SK 0 Sporting O I OK D Dance D Other D Training Event 0 Block Party 5'Festival D Religious D Outdoors Sales D Fun Run Please print or type EVENT NAME: Moab Folk Camp/ Moab Folk Festival 1.Location of Event: CAMP: 3 Dogs and a Moose/ MARC 2.Location of Event: FESTIVAL: Center St. Ballfield, Suncourt, Star Hall, GCHS Auditorium, MIC, MARC 3.Name of Organization:Friends of the Moab Folk Festival Camp: 10728 4.Date (s) of Event: Camp: 10/28-11/3 all day Festival: 11/1-11/4 Start Date: Festival: 1112 Start Time: � 5. EVENT DETAILS PLEASE SEE ATTACHED DETAILS SCHEDULE Event Location 1 Date(s): Set-up Date(s): Clean-up Date(s): Event Location 2 Date(s): Set-up Date(s): Clean-up Date(s): Is this a recurring event? Cam_p is _weeklong Is this an Annual Event? Yes 5.PARTICIPANTS Number of participants expected:Camp: 65 Open to the Public Start time: Start time: Start time: Start time: Start time: Start time: If yes; daily, weekly or other? If yes; same date and place? D Private Group/Party End time: End time: End time: End time: End time: End time: Yes If event is open to the public, is it: Entrance Fee/Ticketed Event? D Fee for Participants/ Racers/Runners Only Camp. 5 PM Festival: 9 AM 9/27/2018- Paid in full Page 13 of 353 Page 14 of 353 Page 15 of 353 Page 16 of 353 Page 17 of 353 Page 18 of 353 Page 19 of 353 Page 20 of 353 Page 21 of 353 Page 22 of 353 Page 23 of 353 Page 24 of 353 Page 25 of 353 Page 26 of 353 Page 27 of 353 Page 28 of 353 Page 29 of 353 Page 30 of 353 Page 31 of 353 Page 32 of 353 Page 33 of 353 Page 34 of 353 Page 35 of 353 Page 36 of 353 Page 37 of 353 Moab City Council Agenda Item Meeting Date: September 25, 2018 #: 6-2 Title: Approval of Retail Beer License, Local Consent and Fee Waiver Request for Home & Hope Taste of Moab event to be held at the Grand Center on October 27, 2018. Date Submitted: August 24, 2018 Staff Presenter: Carmella Galley Attachment(s): Full Event Application for review Retail Beer License Application Local Consent Event Fee Waiver Request Options: Approve, deny, or modify. Recommended Motion: I move to “Approve the Retail Beer License and Local Consent for the Home & Hope Taste of Moab Event.” And “I move to approve the fee waiver request for the Home & Hope Taste of Moab Event, not to exceed $200.” Background/Summary: Home and Hope Taste of Moab is a new pilot program for the American Cancer Society. A program where 50% of the money raised here in the Moab Valley comes back to the Moab Valley. One of the barriers to treatment in the rural area is transportation. It is hoped that the money raised would be utilized for transportation costs in Grand and San Juan counties. This event has been administratively approved. It is being brought to council for approval of local consent and consideration of a fee waiver. There are no City services required for this event. The request for fee waiver would not exceed the $200 Event Fee. The $90 Retail Beer License fee is not a waivable fee Page 38 of 353 Page 39 of 353 Page 40 of 353 Page 41 of 353 Page 42 of 353 Page 43 of 353 Page 44 of 353 Page 45 of 353 Page 46 of 353 Page 47 of 353 Page 48 of 353 Page 49 of 353 Page 50 of 353 Page 51 of 353 Page 52 of 353 Page 53 of 353 Moab City Council Agenda Item Meeting Date: September 25, 2018 #: 6-3 Title: Approval of a Private Property Vendor License for Lauren Flores, d.b.a. All Good Superfresh, located at 301 South Main Street for a term of September 26, 2018 - December 31, 2018. Date Submitted: September 12, 2018 Staff Presenter: Chantel Lindsay Department: Deputy Treasurer Background/Summary: This applicant is seeking approval for a Private Property Vendor license located at High Point Hummer. They previously were approved for a Private Property Vendor at another location. The applicant is familiar with the terms and conditions of the Vendor regulations. They specialize in fresh juice and smoothies. Staff has reviewed the proposed application and finds that it meets the requirements of our Vendor Ordinance. Options: Approve, deny, or modify. Staff Recommendation: City staff recommends approval of a Private Property Vendor License for Lauren Flores, d.b.a. All Good Superfresh, located at 301 South Main Street for a term of September 26, 2018 - December 31, 2018. Recommended Motion: "I move to approve a Private Property Vendor License for Lauren Flores, d.b.a. All Good Superfresh, located at 301 South Main Street." Attachment(s): Vendor Application Page 54 of 353 Page 55 of 353 Page 56 of 353 Page 57 of 353 Page 58 of 353 Page 59 of 353 Page 60 of 353 Page 61 of 353 Page 62 of 353 Page 63 of 353 Page 64 of 353 Page 65 of 353 Moab City Council Agenda Item Meeting Date: September 25, 2018 #: 6-4 Title: Granting of Local Consent for an Off-Premise Beer Retailer License for Maverik, Inc #238 located at 435 North Main Street. Granting of Local Consent for an Off-Premise Beer Retailer License for Maverik, Inc #341 located at 985 South Highway 191. Date Submitted: September 7, 2018 Staff Presenter: Chantel Lindsay Department: Treasurer Background/Summary: The Department of Alcoholic Beverage Control will be requiring off-premise beer retailers to obtain a state license before March 1, 2019. This entitles the Licensee to sell beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. The Maverik stores will be submitting their state applications before the end of the year. DABC requires Local Consent for each location. Options: Approve, deny, or modify. Staff Recommendation: City staff recommends approval of the Local Consent forms. Recommended Motion: "I move to approve the Local Consent for an Off­ Premise Beer Retailer License for Maverik, Inc #238 located at 435 North Main Street and Local Consent for an Off-Premise Beer Retailer License for Maverik, Inc #341 located at 985 South Highway 191." Attachment(s): Local Consent Forms Page 66 of 353 Page 67 of 353 Page 68 of 353 Moab City Council Agenda Item Meeting Date: September 25, 2018 Title: Community Reinvestment Area Interlocal Agreement with Grand County Community Reinvestment Agency Date Submitted: August 22, 2018 Presenters: Chris McAnany Attachments: ●Draft resolution ●Draft interlocal agreement ●Project Area Market Study ●Estimated timeline Possible Motion: I move to approve Resolution 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. 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. 1 Page 69 of 353 CITY OF MOAB 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. Passed and adopted by action of the Governing Body of the City of Moab in open session on this 25th day of September, 2018. SIGNED:ATTEST: __________________________________________________ Emily S. Niehaus, Mayor Rachel Stenta, City Recorder Page 70 of 353 Page 71 of 353 Page 72 of 353 Page 73 of 353 Page 74 of 353 Page 75 of 353 Page 76 of 353 Page 77 of 353 ZIONS PUBLIC FINANCE, INC. City of Moab USU Project Area Market Study Prepared by Zions Public Finance, Inc. July 27th, 2017 Page 78 of 353 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%. Page 79 of 353 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. Page 80 of 353 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. Page 81 of 353 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. Page 82 of 353 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% Page 83 of 353 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 Page 84 of 353 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. Page 85 of 353 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 86 of 353 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 87 of 353 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 88 of 353 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 89 of 353 Moab City Council Agenda Item Meeting Date: September 25, 2m8 Title: Ordinance #2018-15, an Ordinance Modifying Business Licensing, Special Event Permitting, and Street Performer Permitting Processes and Requirements Presenter: David Everitt Attachment(s): • Proposed Ordinance • Proposed Title 5 code changes - clean and legislative versions • Proposed new Title 4 - clean version Suggested Motion: I move to adopt Ordinance #2018-15, "An Ordinance Modifying Business Licensing, Special Event Permitting, and Street Performer Permitting Processes and Requirements". 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. 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 into 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) 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. The City Council held a public hearing on this proposed ordinance on August 14, 2018. #### Page 90 of 353 7-2 Old Business CITY OF MOAB ORDINANCE 2018-15 AN ORDINANCE MODIFYING BUSINESS LICENSING, SPECIAL EVENT PERMITTING, AND STREET PERFORMER PERMITTING PROCESSES AND REQUIREMENTS The following findings describe the intent and purpose of this ordinance: a. From time to time the City amends its ordinances to remove outdated provisions or improve its operations. b. State law changes, along with changes in what kinds of businesses are operating in Moab, necessitate significant changes to Moab City Code Title 5 Business Licenses and Regulations; c. Those changes, along with the need for an over cleanup and update, resulted in a major overhaul of Title 5, the creation of a new Title 4 Special Event and Street Performer Permits, and the repeal of Chapter 17.09.540 (relating to home occupation businesses); d. Subsequent to the passage of this Ordinance, new fees will be established via a separate ordinance and updated procedures will be implemented; and f. The City finds that these changes are necessary and appropriate. Therefore, the City of Moab: 1. Repeals Chapter 17.09.540; 2. Amends Title 5 as described in the attached document; and 3. Creates a new Title 4 as described in the attached document. PASSED AND ADOPTED by the Moab City Council on this 25th day of September, 2018. SIGNED: ATTEST Emily S. Niehaus, Mayor Rachel Stenta, Recorder 1 Page 91 of 353 7-2 Old Business TITLE 4 SPECIAL EVENT AND STREET PERFORMER PERMITS Chapters: 4.01 Purpose. 4.02 Definitions. 4.03 Special event permits required --application and review procedure. 4.07 Serving alcohol at special events. 4.09 Concurrent event applications. 4.11 Special event application denials, revocations, and appeals. 4.12 Street performers. 4.13 Fees. 4.15 Sales tax collection by applicant or vendors. 4.17 Civil or criminal enforcement. 4.19 Special event permit renewal. Page 92 of 353 7-2 Old Business Chapter 4.01 PURPOSE The purpose of this Title is to establish clear procedures through which a proposed special event or street performance may be permitted within the City of Moab. Special events are an integral component of the economy and sense of identity of Moab. Special events frequently impact businesses, neighborhoods, and normal day-to-day municipal functions, which is why the City sets forth below specific procedures and requirements to mitigate those impacts while ensuring a safe and successful event or street performance. Page 93 of 353 7-2 Old Business Chapter 4.02 DEFINITIONS The following definitions apply to this Title: "Applicant" means the person, persons, or entity submitting an application under this chapter and who is responsible for the conduct of the event. The applicant signs the special event permit application and all other documents relevant to the event. The applicant is legally responsible for compliance with all terms of an issued permit. "Charge" shall be defined as requiring someone to pay a fee or to set, negotiate or establish a fee for a performance Seeking voluntary contributions through passing around a hat, leaving an open instrument case or other receptacle, or soliciting donations after a performance is not defined as a charge. "Debriefing" means a meeting held by the Special Events Review Committee (SERC) within thirty 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: • Closed to the general public; • 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; • Does not require installation of temporary water, power, cooking, sanitation, or waste management facilities; and • 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. Page 94 of 353 7-2 Old Business Private events are not regulated by this chapter except where specifically noted; however, the Moab police depaitinent may take enforcement action in the event of a nuisance, breach of the peace, noise violation, or the like. "Performance" shall be defined to include, but not be limited to, the following activities: playing music, singing, dancing, pantomiming, puppeteering, juggling, fire -spinning, reciting, etc. Performance does not include providing personal services. "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. "Special event" means a sporting, cultural, entertainment, commercial, or similar gathering, whether held for profit or on a nonprofit basis, occurring for a limited or fixed duration, not to exceed fifteen consecutive days, and which is likely to attract a large number of participants or spectators. By way of illustration, and not of limitation, special events subject to this chapter include: concerts, fairs, rallies, athletic events, or temporary sales events. Special events are further defined as follows: Level I Event. Events expected to be attended by not more than two hundred people per day and which include one or more of the following: Partial or rolling street closure of City right-of-ways, including streets, sidewalks, and/or pathways; Vendor sales or concessions; Amplified sound; or An entrance fee or ticket charge for the event. Level II Event. Events expected to be attended by more than two hundred people per day and which may include one or more of the following: Full public street closure of City right-of-ways; Vendor sales or concessions; Amplified sound; or An entrance fee or ticket charge for the event. "Special Events Review Committee (SERC)" means a committee made up of representatives from City departments including, but not limited to, police, parks, public works, and representatives from the Southeastern Utah Health Department, Moab Valley Fire Protection District, and a County special events representative. The special events coordinator or his/her designee shall be the chair of this committee. "Special events coordinator" means the City employee who administers the provisions of this chapter. "Speech event" means an activity conducted primarily for the expression of political, social, religious, cultural, or other constitutionally protected speech. Speech events may include rallies, picketing, protesting, marching, demonstrating, or debating matters of public concern on any Page 95 of 353 7-2 Old Business City street or other property. Speech events do not include events held in furtherance of a business or commercial purpose. "Street closure" means the deliberate blockage of any public street or City owned parking facility to prohibit the flow of traffic or access of vehicles. "Street performer" shall be defined as an individual or group who performs in a public area or a private outdoor area adjacent to a public street or sidewalk, for the purpose of providing public entertainment. "Substantial change" means changes to an existing special event that cause the need for a different review level or cause the need for review by the City Council. These changes include, but are not limited to: increased need for street closures; increased need for police support; a change in duration; an increase in anticipated attendance; or the addition of vendor sales or concessions. "Vendor" means a person selling food, beverages, souvenirs, or other merchandise at a special event. The term "vendor" does not include the sale of memberships in an organization which is the special event applicant. "Venue" means the location or locations where a special event is held, including all ingress/egress routes, parking, and necessary facilities for the event. Page 96 of 353 7-2 Old Business Chapter 4.03 SPECIAL EVENT PERMITS REQUIRED --APPLICATION AND REVIEW PROCEDURE Sections: 4.03.010 4.03.020 4.03.030 Permits required. Permit exceptions. Application and review procedure. 4.03.010 Permits required. Any person wishing to hold a special event shall first obtain a permit under this chapter. It is unlawful for any person to hold a special event without obtaining a special event permit. All permits issued pursuant to this chapter are non -transferable and expire on the date specified. 4.03.020 Permit exceptions. A. The following activities are exempt from this chapter: 1. Funeral processions by a licensed mortuary; 2. Activities lawfully conducted by a governmental agency on property or in facilities owned by that same agency; 3. Filming activities authorized by another type of permit; 4. Private events; 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 a special event permit shall be made on a special event application prescribed by the City. The applicant shall submit the permit fee with the completed application. Application materials are available at City Hall and online at the City of Moab website, and must be completed and submitted to the special event coordinator according to the guidelines below unless otherwise approved by the special event coordinator upon a showing of good cause: 1. Not less than ninety days prior to the scheduled opening of any Level I or Level II event; or 2. Not less than seven days prior to a speech event. Page 97 of 353 7-2 Old Business 3. Level II events may apply no earlier than one year prior to the requested date of the event. B. All event applications will be reviewed to determine if the applicant has provided sufficient plans (including proof of financial responsibility and other licenses), equipment, personnel, and facilities to provide for the safe and orderly conduct of the event without imposing an unreasonable burden on public services, other businesses, or adjacent residents. Depending on the type and size of the event, the special event coordinator may require the applicant to submit additional documentation prior to review by SERC, which may include but is not limited to: 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; 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; and 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. Page 98 of 353 7-2 Old Business E. The City Council shall review and approve, approve with conditions, or deny the following applications: 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 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; and 8. Other measures which may reasonably provide for public health, safety, and welfare in connection with an event. H. For purposes of this chapter, a special event permit is not deemed granted until the special event coordinator certifies in writing that all conditions of approval required prior to the event date have been satisfied. I. A special event permit issued under this chapter is specific to the permittee, and may not be assigned. Any purported assignment shall result in the permit being deemed void. Page 99 of 353 7-2 Old Business Chapter 4.07 SERVING ALCOHOL AT SPECIAL EVENTS Sections: 4.07.020 Alcohol at public spaces. 4.07.030 Application. 4.07.040 Operational restrictions. 4.07.020 Alcohol at public spaces. A. Public events at City -owned facilities. The serving, consumption, and sale of alcoholic beverages at public events held at City -owned facilities, including parks, public streets, and sidewalks, may be permitted by the City Manager on a case -by -case basis as part of the special event permitting process. 1. Serving of alcohol shall be limited to the hours of ten a.m. until nine p.m. during the event. 2. Areas designated for the serving of alcoholic beverages must be located at least one hundred feet away from designated playgrounds, the skate park, and similar facilities. B. Private events at the MARC. City staff is authorized to approve private events at the MARC where alcohol may be served. 1. Sponsors of private events at the MARC must: a. 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 b. Comply with applicable laws governing the consumption and distribution of alcohol. 1. All events at the MARC, public or private, shall be concluded by eleven p.m. C. Public events at County -owned 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 City's written local consent, 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 Page 100 of 353 7-2 Old Business 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. 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 codes; and 5. An application fee, which sum shall be refundable in the event that the local consent is not granted. Page 101 of 353 7-2 Old Business 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. I. No sale of beer shall exceed a sixteen ounce serving. Page 102 of 353 7-2 Old Business J. Minors shall not be permitted to serve or dispense alcoholic beverages, nor shall they be permitted to consume or purchase alcoholic beverages at the event. K. Alcoholic beverages shall be sold on a per serving basis; "all you can drink" or similar events where beer is served without limitation upon paying a fixed price are prohibited. L. Licensees shall properly train all event personnel on all operational restrictions, and shall assure that alcoholic beverages are not served to obviously intoxicated persons. M. The licensee shall provide adequate event security, given the nature of the event and the expected number of event patrons. N. No event sponsor or other person shall charge an admission fee or otherwise charge a price for alcoholic beverages served and consumed in any public place, except in conformity with the provisions of this Title and Title 5.20. Violation of this subsection is a strict liability offense and shall be punishable as a Class C misdemeanor. Page 103 of 353 7-2 Old Business Chapter 4.09 CONCURRENT EVENT APPLICATIONS Complete applications will be reviewed in the order that they are received. If it is found that another event has already been approved for the dates requested in a pending application, the applicant will be notified and given the opportunity to change the event dates so as not to overlap with any other event. If no date change is selected, the decision to allow multiple events on the same dates will be made by the SERC or the City Council, as applicable. The determination will be based upon the following considerations: Whether the events will adversely impact one another or create unreasonable burdens on the public health, safety, or welfare; The geographic separation of the events; The proposed time and duration of the special events; Anticipated attendance volumes; The demands upon public safety personnel, equipment, and/or transportation services; and Anticipated traffic and parking impacts of the events. Page 104 of 353 7-2 Old Business Chapter 4.11 SPECIAL EVENT APPLICATION DENIALS, REVOCATIONS, AND APPEALS Sections: 4.11.020 4.11.030 4.11.040 Special event application denial. Permit revocation. Appeal procedure. 4.11.020 Special event application denial. A. The SERC or City Council, as applicable, may deny a special event application whenever the following apply: 1. Any grounds stated in Section 5.04.040; 2. The event presents significant or unacceptable adverse impacts upon the community, other businesses, or residents, which cannot reasonably be mitigated; 3. The event will pose an unreasonable burden on police, fire, EMS, public roads, or other essential public services so as to compromise services to other City residents; 4. The event will substantially interfere with any other event for which a permit has already been granted or with the provision of City services in support of other such events; 5. The applicant fails to provide the required documentation with the application or provides false or misleading statements in the application or supporting materials; 6. The applicant demonstrates an inability or unwillingness to conduct the event in conformity with the permit or the provisions of this chapter, or past events sponsored by the applicant or permittee have not been carried out in conformity with approved permits or this chapter; 7. The applicant has not obtained necessary licenses or permits from other governmental agencies required for the operation of the event; or 8. The applicant has not provided necessary proof of financial responsibility. 4.11.030 Permit revocation. A. A permit issued under this chapter may be revoked for any of the following reasons: 1. Failure by the permittee to comply with City permit conditions, other permit or license conditions, or the provisions of this chapter; Page 105 of 353 7-2 Old Business 2. Failure by the permittee to comply with other City ordinances or Utah laws; 3. Any violations- of the Utah Beverage Control Act; 4. False, inaccurate, or misleading statements by the applicant or permittee in the application for a permit under this chapter, or in any supporting documentation; or 5. A serious breach of the peace, riot, or significant unlawful activity occurring within or adjacent to the event venue and/or involving event participants, the permittee, its agents, or employees. B. The City shall deliver written notice of revocation to the permittee for the causes identified in subsections (A)(1) through (4) of this section. The permittee may appeal any such revocation as provided under this chapter. C. Any City enforcement officer may enter the premises of any event permitted under this section at any time to determine compliance with all applicable laws and conditions. Any law enforcement officer who reasonably believes that an event is out of compliance with applicable laws and conditions shall have the authority to curtail or terminate the event. 4.11.040 Appeal procedure. A. Any special event applicant adversely affected by a permitting decision under this chapter may appeal as provided in this section. B. Appeals of decisions by the special events coordinator, SERC, or the City Council shall be appealed to the appeal authority by delivering written notice to the City no later than seven calendar days from the date of the decision or order which is the subject of the appeal. The appeal authority shall promptly hold a hearing, and any appeal authority decision shall be final. C. In any appeal proceeding, the appeal authority shall only overturn the decision that is the subject of the appeal if it is found to be arbitrary, capricious, or unlawful. Page 106 of 353 7-2 Old Business Chapter 4.12 STREET PERFORMERS Sections: 4.12.020 Rules and Regulations. 4.12.030 Performance permit --Application. 4.12.040 Permit --Issuance. 4.12.050 Grounds for denial. 4.12.060 Permit --Display. 4.12.070 Permit --Nontransferable. 4.12.020 Rules and regulations. A. No street performer may perform or solicit contributions for a performance: 1. Within ten feet of any street corner or marked pedestrian crosswalk. 2. Within ten feet of the outer edge of any entrance to any business, including but not limited to doors, vestibules, driveways, outdoor dining area entries and emergency exits during the hours that any business on the premises is conducting business, without express written permission from the affected business or business. B. A street performer may not block or obstruct the free movement of pedestrians. If a sufficient crowd gathers to observe a performer such that a passage of the public through a public area is blocked or obstructed, a police officer or other City official may disperse that portion of the crowd that is blocking or obstructing passage of the public. C. A street performer who performs for a charge shall obtain an appropriate business license as provided for in Moab Municipal Code. D. No street performer may litter his or her performance site. E. No street performer shall place any object on a public sidewalk which causes less than a four foot contiguous sidewalk width to be kept clear for pedestrian passage. F. No street performer shall perform on any public sidewalk with more instruments, props, equipment or other items than the performer can reasonably transport or remove at one time. G. No street performer shall perform in contravention to the allowable noise levels established by Municipal Code Chapter 17.74 H. No street performer shall block or obstruct a curb cut. I. No street performer shall connect or maintain an electrical cord to an adjacent building or to a City power source, except as part of an approved use of a public park. Page 107 of 353 7-2 Old Business J. Street performers utilizing outdoor private property must obtain written permission from the property owner to engage in a performance. K. Any street performer meeting one or more of the following conditions shall obtain a performance permit as provided for in this chapter prior to engaging in a performance: 1. The performance involves more than two performers, unless said performance is in an established public park, subject to the reservation requirements and use regulations of the park. 2. The performance involves the use or construction of any stage, platform or similar structure for use during any performance. 3. The performance involves the use of amplified music or sound. 4. The performance involves any advertising off the premises of the performance, including flyers, posters and signs. 5. The performance involves an admission charge. 6. The performance involves the use of knives, swords, torches, axes, saws, fire, whips, lassos, drones or other potentially dangerous objects or involves acrobatics, tumbling, unicycling, breakdancing, stilts, trampolines, pogosticks, karate, human pyramids, or other potentially dangerous activity. 4.12.030 Performance permit --Application. A street performer requiring a permit must complete and file with the City a performance permit application on a form approved by the City. A street performance with multiple performers need only obtain one permit. The applicant must provide the following information: A. The names, addresses and contact information for all individuals performing under the permit. B. If a group is performing under a permit, a designation of the individual(s) who will be responsible for compliance with the provisions of this chapter. C. A detailed description of the nature of the act to be performed, including props, music, structures used, and any advertising methods. D. The proposed location and time, dates, and duration of the performance(s). E. If within ten feet of or on private property, a statement of authorization from the affected property owner(s). Page 108 of 353 7-2 Old Business 4.12.040 Permit --Issuance. Upon review of a performance permit under this chapter, the City Manager will determine if the application is satisfactory. The City Manager may consider the health, safety and welfare of the public and the performer(s) when determining if the application is satisfactory. The City Manager may place conditions on the issuance of the permit relative to the time, location and manner of the performance. After City Manager's approval, the City Treasurer will issue a performance permit showing the number of the permit, the date of issuance, the nature of the performance, the location(s) of the performance, the dates and time of the performance(s), and the name or names of the person(s) authorized to carry on same. 4.12.050 Grounds for denial. A performance permit may be denied if the proposed performance is deemed to be a significant threat to public health, safety and welfare. 4.12.060 Permit --Display. The permit issued under this chapter shall be kept on or about the persons authorized to perform under the permit. 4.12.070 Permit --Nontransferable. Any permit issued pursuant to this chapter is not transferable by the permittee. Page 109 of 353 7-2 Old Business Chapter 4.13 FEES Sections: 4.13.020 Permit fees. 4.13.030 Service fees. 4.13.040 Deposit. 4.13.050 Waiver of fees. 4.13.020 Permit fees. A. All fees associated with special events and street performers shall be set according to the fee schedule established by the City Council. B. If applicable, a park rental fee is due with the permit application. 4.13.030 Service Fees. The City may require payment of a City service fee to cover the cost for additional City services arising from a event. Additional City services include, but are not limited to, labor costs for City personnel, rental costs for the use of City equipment, and other direct costs for the use of City facilities and/or City utilities. The City service fee shall be estimated on a case by case basis, and shall be paid in full at the time of application. Additional charges may be assessed to the permittee after the event has ended. 4.13.040 Deposit. The City may require any applicant to post a cash deposit or other security approved by the City Attorney to cover all estimated contingent costs prior to the issuance of a Level II special event permit, as a guarantee against fees, damages, clean-up, or loss to public property. The City may retain any such deposit to cover applicable fees, damages, clean-up costs, or repairs to public property or facilities. The unexpended balance of any deposit shall be promptly returned to the applicant no later than thirty days from the conclusion of the event. 4.13.050 Waiver of fees. The City may waive fees related to special events only in the case of an application for a speech event. Page 110 of 353 7-2 Old Business Chapter 4.15 SALES TAX COLLECTION BY APPLICANT OR VENDORS Unless exempted by Utah law, an applicant for a special event that includes vendor sales or concessions shall either: A. 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 B. Provide proof that the applicant has a valid Utah State sales tax identification number and that it will require all vendors to execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the applicant for remittance to the state under the applicant's sales tax identification number. The City shall be authorized to audit the applicant or otherwise verify that all sales tax remittances are paid. Page 111 of 353 7-2 Old Business Chapter 4.17 CIVIL OR CRIMINAL ENFORCEMENT A knowing violation of this chapter or any permit issued under this chapter by the applicant or permittee may be punishable, at the election of the City, as a Class B misdemeanor, as defined under the Moab Municipal Code or Utah statutes. Alternately, the City may proceed to obtain civil injunctive or declaratory relief to halt or abate any violation of this chapter or any permit issued under this chapter. Proof of a violation shall be sufficient to obtain an injunction, which shall be issued without the requirement of bond. In addition to any other relief, in any civil enforcement action the City may recover its reasonable attorney fees and court costs against the applicant, permittee, or other person who may be in violation of this chapter. Page 112 of 353 7-2 Old Business Chapter 4.19 SPECIAL EVENT PERMIT RENEWAL Permittees who successfully complete a special event under the provisions of this chapter and who wish to have the event on an annual or periodic basis can request renewal during the debriefing meeting. Permittees who do not attend the debriefing meeting will not be given priority for renewal. If a positive recommendation is given by the SERC, the permittee's dates for the next event will be reserved and the application for renewal may be submitted. Event levels for renewals will be determined through the renewal process based on evidence of attendance and the needs of the event. An application for renewal may be subject to denial if the event resulted in significant negative impacts, violations of the permit, or other violations as documented by the SERC. A person denied a renewal may appeal that decision as provided by this section 4.11.040 of this Title. Page 113 of 353 7-2 Old Business Title 5 BUSINESS LICENSES AND REGULATIONS Chapters: 5.04 Business Licenses Generally 5.20 Alcoholic Beverages 5.21 Regulating the Retail Sale of Tobacco Products 5.32 Pawnbrokers, Secondhand Dealers and Junk Dealers 5.60 Franchises 5.64 Vendor, Peddler, Solicitor, and Miscellaneous Merchant Business Licenses 5.67 Short-term Rental Licenses 5.80 Home Occupation Licenses 1 Page 114 of 353 7-2 Old Business Chapter 5.04 BUSINESS LICENSES GENERALLY Sections: 5.04.010 Business license required. 5.04.015 License compliance. 5.04.020 Business license fee. 5.04.030 Application. 5.04.040 Grounds for denial. 5.04.050 Appeal of license denial. 5.04.060 License term, renewal, display, change of address. 5.04.070 Assignment prohibited, application upon transfer. 5.04.080 License revocation, grounds. 5.04.090 Revocation procedure, right to cure. 5.04.100 Collection action. 5.04.110 Name Change. 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; or 3. 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 to the extent permitted by the Utah Code, and/or by civil action to enjoin or abate the violation. Proof of a violation of this section shall be 2 Page 115 of 353 7-2 Old Business 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. 5.04.015 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. 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: 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 Page 116 of 353 7-2 Old Business 3. A description of the type of business; 4. The Utah State Tax Commission's 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 required by the City is provided by the applicant, the document is signed, and the applicable business license fee is paid to the City. D. A completed application 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 license 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 a business license or in any supporting documents; 2. Municipal code violations, including but without limitation, violations of zoning, sign, building, health, or fire code provisions by the applicant or the property owner 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 City permits or licenses necessary for the legal operation of the business; 4. Failure by the applicant or the property owner to pay water, sewer, solid waste collection, or other City charges, fees, fines, or assessments owing; 4 Page 117 of 353 7-2 Old Business 5. Failure by the applicant to obtain or maintain a state sales tax license (if applicable); or 6. The use contemplated by the proposed business is not consistent with the zone in which the proposed business is to be located. B. If a license is denied the applicant shall be entitled to a refund of the license fee, which shall be refunded within five business days. 5.04.050 Appeal of license denial. An applicant denied a business license of any type shall be given written notice of the action from the City Treasurer. An aggrieved applicant may appeal a license denial to the City Manager by fling a written notice of appeal within five business days of the notice of decision. Failure to timely request an appeal shall result in waiver of the appeal right. The City Manager shall hear the appeal no later than fifteen business days from the date of the appeal notice. The City Manager may sustain the denial, grant the license, or grant the license subject to conditions. 5.04.060 License term, renewal, display, change of address. A. Licenses granted under this section are valid from July 1 to June 30 of the following year 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. 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 Page 118 of 353 7-2 Old Business 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. 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 property owner of the business location which are not corrected 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 property 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. 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 6 Page 119 of 353 7-2 Old Business 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 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 twenty-one 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. 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. 5.04.110 Name change. The licensee shall not change the name of the business establishment until the licensee provides written notice to the City Treasurer ten days prior to the name change, and pays the name change fee. Page 120 of 353 7-2 Old Business Chapter 5.08 TRANSIENT MERCHANTS [This Chapter is repealed in its entirety.] s Page 121 of 353 7-2 Old Business Chapter 5.09 SPECIAL EVENT PERMITS [This Chapter is repealed in its entirety and replaced by proposed MMC Title 4.] 9 Page 122 of 353 7-2 Old Business Chapter 5.14 LOCAL VENDORS, PEDDLERS AND SOLICITORS [This Chapter is repealed in its entirety and replaced by proposed MMC Chapter 5.64.] 10 Page 123 of 353 7-2 Old Business Chapter 5.20 ALCOHOLIC BEVERAGES' Sections: ARTICLE I. DEFINITIONS 5.20.010 Scope. 5.20.020 Alcoholic beverages. 5.20.030 Beer. 5.20.031 Beer retailer. 5.20.032 Beer wholesaler. 5.20.035 Community location. 5.20.040 Licensed premises. 5.20.050 Liquor. 5.20.060 Nuisance. 5.20.070 Place of business. 5.20.075 Premises. 5.20.080 Restaurant. 5.20.090 Retailer. 5.20.100 Sell or to sell. ARTICLE II. LICENSES & LOCAL CONSENT 5.20.115 Alcoholic beverage sales regulated. 5.20.120 Wholesale sale of beer. 5.20.130 Retail sale of alcoholic beverages. 5.20.140 Purchase of -alcoholic beverages for resale. 5.20.150 Alcohol license classification and local consent --Generally. 5.20.180 Off -Premise beer retail license. 5.20.200 Application --Generally. 5.20.210 Application --Police department referral. 5.20.220 Application --Health department referral. 5.20.230 Expiration. 5.20.240 Forfeiture. 5.20.250 Fees. 5.20.270 Refusal. 5.20.280 Revocation. 5.20.290 Suspension. 5.20.300 Sublease, transfer or assignment prohibited. 5.20.310 Operation to conform with law. 5.20.320 Name change. 5.20.325 Violation — Penalty. ARTICLE III. GENERAL REGULATIONS 5.20.340 Sale to intoxicated person prohibited. 5.20.345 Unlawful to permit intoxicated persons on licensed premises. 5.20.350 Supplying to minors prohibited. 11 Page 124 of 353 7-2 Old Business 5.20.355 5.20.360 5.20.370 5.20.380 5.20.400 5.20.410 5.20.420 5.20.430 5.20.440 5.20.500 5.20.010 Scope. Possession of alcoholic beverages prohibited by minors --Exception. Consumption of alcohol in public places. City -sponsored public events. Nuisance prohibited. Minimum light and open view required in licensed premises. Adulterated alcoholic beverage. Consumption prohibited in unlicensed premises. Supply to person whose permit is suspended. Supply to prohibited persons. Inspection of premises. ARTICLE I. DEFINITIONS The words and phrases used in this chapter shall have the meaning specified in the State of Utah 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. "Beer 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 125 of 353 7-2 Old Business 5.20.035 Community location. "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. 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 or this Chapter, or where persons resort for drinking alcoholic beverages contrary to the Alcoholic Beverage Control Act of Utah or this Chapter; or B. Intoxicated persons are permitted to loiter about, or profanity, indecent, immoral, loud or boisterous language or immoral or lewd conduct is permitted, or carried on; or 13 Page 126 of 353 7-2 Old Business C. Persons under the age of twenty-one are permitted to purchase or drink alcoholic beverages; or D. Laws or ordinances are violated by a licensee or its agents or patrons with the consent or knowledge of licensee upon such premises which tend to affect the public health, peace or morals; or E. Any sign is displayed which is obnoxious, gaudy, blatant or offensive. 5.20.070 Place of business. A. "Place of business," as used in connection with the issuance of an alcoholic beverage sales license shall be deemed to include cafes, restaurants, public dining rooms, cafeterias, taverns, cabarets and any other place where the general public is invited or admitted for business purposes, and shall also be deemed to include private clubs, corporations and associations operating under charter or otherwise wherein only members and their guests are invited. Occupied hotel and motel rooms that are not open to the public shall not be deemed to be places of business as herein defined. B. A "place of business" shall not be defined to include City -owned facilities, including parks, where such facility is used and occupied pursuant to a special event use license and alcoholic beverages are served in accordance with the license and all applicable City regulations, codes, and state statutes. 5.20.075 Premises. "Premises" means any building, enclosure, room, equipment or other designated areas used in connection with the sale, storage, service, manufacture, distribution or consumption of alcoholic products, unless otherwise defined in this chapter or in the rules adopted by the Alcoholic Beverage Control Commission. 5.20.080 Restaurant. "Restaurant," means any business establishment where a variety of foods are prepared and complete meals are served to the general public, located on a premises having adequate culinary fixtures for food preparation and dining accommodations, and that is engaged primarily in serving meals to the general public. 5.20.100 Sell or offer for sale. 14 Page 127 of 353 7-2 Old Business "Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, agent, or as staff, unless otherwise defined in U.C.A. Title 32B, the Alcoholic Beverage Control Act. ARTICLE II. LICENSES AND LOCAL CONSENT 5.20.115 Alcoholic beverage sales regulated. The City of Moab regulates the sales and commercial serving of alcoholic beverages in accordance with all applicable sections of Utah Code Annotated, Title 32B, unless a provision of this Chapter specifies a distinct procedure or parameter. 5.20.120 Wholesale sale of beer. It is unlawful for any person to engage in the business of selling beer at wholesale within the limits of the City without first obtaining a license therefor from the Alcoholic Beverage Control Commission of Utah. 5.20.130 Retail sale of alcoholic beverages. It is unlawful for any person to engage in the business of retail sales of alcoholic beverages within the corporate limits of the City without first having procured a license from the Alcoholic Beverage Control Commission of Utah. A separate state license shall be required for each place of sale and the license itself shall identify the specific premises covered thereby and such license shall at all times be conspicuously displayed in the place to which it shall refer or for which it shall be issued. All licensees shall comply with the provisions of the Alcoholic Beverage Control Act of Utah and the regulations of the Alcoholic Beverage Control Commission and this chapter. 5.20.140 Purchase of alcoholic beverages for resale. It is unlawful for any licensee to purchase or acquire or to have or possess for the purpose of sale or distribution any alcoholic beverages except that which he or she shall have lawfully purchased from a brewer, wholesaler, or retail outlet licensed under the provisions of the Alcoholic Beverage Control Act of Utah. 15 Page 128 of 353 7-2 Old Business 5.20.150 Retail Alcohol license classification and local consent --Generally. A. Any person who, at the time of applying for a business license, intends to operate a restaurant, bar, or special event where alcoholic beverages are sold for on -premise consumption, shall disclose that information on the application under this title. B. As provided by state statute, all potential licensees shall obtain written local consent from the City Manager before applying for an alcohol license from the State of Utah. Applicants subject to this section shall obtain and maintain a current valid Alcoholic Beverage license from the State of Utah, and shall comply with the procedures and standards contained in this title and in the Utah Alcoholic Beverage Control Act. C. Retail licenses shall be classified in accordance with the categories enumerated in the Utah Alcoholic Beverage Control Act, and shall carry the privileges and responsibilities hereinafter set forth in this chapter and in Utah state law. D. Nothing in this section or in section 5.20 shall be construed to supersede or waive any provision of the Utah Alcoholic Beverage Control Act, or to permit the distribution of alcoholic beverages other than as provided in the Utah Alcoholic Beverage Control Act. E. Issuance of a business license under this title shall not constitute "local consent" as defined by Title 32B of the Utah Alcoholic Beverage Control Act unless the applicant discloses its intent to serve alcoholic beverages and the application is processed in accordance with this section. Business licensees who later wish to obtain an alcoholic beverage license shall obtain the necessary local consent and alcoholic beverage license, as provided by City Code and state law. 5.20.200 Application --Generally. All applications for local consent or licenses, for renewal or reissuance of local consent or licenses and for transfer of local consent or licenses authorized by this chapter shall be verified and filed with the City Manager, who, after determination of local consent, shall file the same with the City Treasurer. The application shall state the applicant's name in full and must indicate compliance with the requirements specified in the Alcoholic Beverage Control Act. If the applicant is a copartnership, the names and addresses of all partners, and if a corporation, the names and addresses of all officers and directors must be stated. If the business is to be operated by a person other than the applicant, such operator must join in the application and file the same information required of an applicant. It shall be grounds for revocation of the local consent or license for any business required to be licensed by this chapter, to be operated by any person who has not filed his or her operator's information at the time or renewal for the license, or, if operation is assumed during the license period, at least ten days prior to assuming operation of the business. 16 Page 129 of 353 7-2 Old Business The application and operator's information must be subscribed by the applicant and operator who shall state under oath that the information contained therein is true. The City shall adhere to the State of Utah's requirements regarding the proximity between community locations and establishments selling or serving alcohol as codified in U.C.A. 32B-1-202. 5.20.210 Application --Police department referral. The application for such local consent or license, together with such information and certificate as is required by the City Manager to be attached thereto, shall be referred to the City Chief of Police for inspection and report. The Chief of Police shall, as soon as possible, after receiving such application, make a report to the City Manager relative to the granting or denying of such application. Upon receipt of the report, the City Manager shall act upon the application as it shall deem fair, just and proper in regard to granting or denying the same. 5.20.220 Application --Health department referral. All applications for local consent filed in accordance with this chapter shall be referred to the health department who shall inspect the premises to be licensed to assure sanitary compliance with the laws of the state, the ordinances of the City and the rules and regulations of the health department. If the premises and all equipment used in the storage, distribution, or sale of alcohol fulfills all such sanitary requirements, the health depaitinent shall issue a permit to the licensee, a copy of which shall be attached to the application for local consent. 5.20.230 Expiration. If the grantee of local consent to sell or serve alcohol is no longer currently and actively operating a business to sell alcohol, such local consent shall expire within 90 days of the cessation of the grantee's alcohol sales. 5.20.240 Forfeiture. If any licensee, licensed to do business under the provisions of this chapter, sells his or her place of business, together with the entire assets of the business, the local consent granted by the City shall expire and be forfeited. 5.20.250 Fees. 17 Page 130 of 353 7-2 Old Business Fees for applications for local consent shall be adopted by City Council. 5.20.270 Refusal. The City Manager may, with or without a hearing at its discretion, when in its opinion it is necessary for the protection of public peace or morals, refuse to grant any license or local consent applied for, at any time and in no such case need any cause be stated. 5.20.280 Revocation. Licenses or local consent may be suspended or revoked by the City Manager for the violation on the licensed premises of any provision of this chapter or of any other applicable ordinance or law relating to alcoholic beverages, or if the licensed premises is used for the commission of any illegal act or activity by any person, or if the person to whom the state license was issued no longer possesses the qualifications required by this chapter and the statutes of the state. The City reserves the right to revoke local consent at any time, even after an alcohol license has been granted by the State of Utah. Upon the revocation of local consent, such licensee must immediately cease selling or serving alcohol. 5.20.290 Suspension. All licenses or local consent issued pursuant to this chapter may be suspended by the City Manager without a prior hearing. Immediately following any suspension order issued without a prior hearing, notice shall be given such licensee, advising of the licensee's right to a prompt hearing, to be held within seventy-two hours of the suspension, and listing the cause or causes for such suspension. If a cause for the suspension is established at the hearing, the suspension order may be continued for up to one year in duration. However, no license or local consent shall be revoked or suspended beyond the initial hearing without first establishing cause thereof, nor shall any license be revoked without first giving the licensee an opportunity for a hearing on the causes specified for revocation. It is unlawful for any person to sell alcoholic beverages at licensed premises during the period of suspension of a license or local consent. 5.20.300 Sublease, transfer or assignment prohibited. No license or local consent may be transferred, assigned, or subleased in any manner, whether to another person or business entity, or to another location. Any violations of this section shall be grounds for revocation of the license or local consent, or refusal to renew or issue the license or local consent. Any fees paid by the licensee to the City for local consent or a license shall be forfeited to the City. 18 Page 131 of 353 7-2 Old Business 5.20.310 Operation to conform with law. The licensee shall be responsible for the operation of the business in conformance with City ordinances, and it shall be grounds for revocation of the license or local consent if a violation of such ordinance occurs through an act of a licensee, operator, employee, agent, or by a person who is allowed to perform for patrons of the licensee's business, whether or not such person is paid by the licensee for such performance. 5.20.320 Name change. The licensee shall not change the name of the business establishment until he or she has given written notice to the City ten days prior to the name change, and has paid a 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 Chapter 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. 5.20.350 Supplying to minors prohibited. 19 Page 132 of 353 7-2 Old Business 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. 5.20.410 Adulterated alcoholic beverage. 20 Page 133 of 353 7-2 Old Business It is unlawful for any person to mix or permit or cause to be mixed with any alcoholic beverage offered for sale, sold or supplied by him or her as a beverage, any drug or any form of methylic alcohol or any crude, unrectified or impure form of ethylic alcohol or any other deleterious substance or liquid. 5.20.420 Consumption prohibited in unlicensed premises. It is unlawful for any person to consume liquor in an unlicensed place of business as provided herein. 5.20.430 Supply to person whose license is suspended or revoked. It is unlawful for any person to procure or supply or assist directly or indirectly in procuring or supplying liquor for or to any persons whose license is suspended, cancelled, or revoked. 5.20.440 Supply to prohibited persons. It is unlawful, except in the case of liquor supplied upon the prescription of a physician, or administered by a physician or dentist, or health care facility in accordance with state statute, for any person to procure for, sell, or give any alcohol, to an insane or interdicted person, nor directly or indirectly assist in procuring or supplying any liquor to any such person. 5.20.500 Inspection of premises. All licensed premises shall be subject to inspection by any police officer or by any member of the City Council or any officer or agent of the Alcoholic Beverage Control Commission or of the state health departments, and every licensee shall, at the request of the health department, furnish to it, samples of beer which such licensee shall have for sale. ' For State Alcoholic Beverage Act, see U.C.A. Title 32B. 21 Page 134 of 353 7-2 Old Business Chapter 5.21 REGULATING THE RETAIL SALE OF TOBACCO PRODUCTS Sections: 5.21.010 Tobacco product sales regulated. 5.21.010 Tobacco product sales regulated. The City of Moab shall regulate the retail sale of tobacco products in accordance with all applicable, enacted sections of Utah Code Annotated. 22 Page 135 of 353 7-2 Old Business Chapter 5.32 PAWNBROKERS 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. "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 or in connection with a branch or department of some other business. B. "Pawnshop" means any room, store or place in which pawnbroking is engaged in, carried on or conducted. 5.32.020 Records to be kept — Availability to peace officers. Pawnbrokers 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 to the best of their ability. 5.32.040 Articles kept — Term. No pawnbroker 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 pawnbroker has acquired the article. 23 Page 136 of 353 7-2 Old Business 5.32.060 License — Revocation. Any license of a pawnbroker may be revoked by the City Manager for any violation of this chapter. 24 Page 137 of 353 7-2 Old Business Chapter 5.60 FRANCHISES Sections: 5.60.010 Application — Fee. 5.60.020 Assignability. 5.60.030 Forfeiture of rights upon unlawful assignment. 5.60.010 Application — Fee. Whenever applications shall be made to the City Council for a franchise or grant of special privileges, or for an extension or renewal of any existing franchise or grant of special privileges, the applicant shall furnish to the City Recorder, for the use of the City Council, twelve copies of the proposed resolution or ordinance, and pay into the city treasury a fee of twenty-five dollars. 5.60.020 Assignability. All franchises and grants of special privileges shall be non -assignable without the express permission of the City Council, whether such limitation is set forth in the body of the franchise or grant or not. All assignments of franchises and special grants shall be in writing, and a copy thereof filed in City Recorder's Office before any such assignment or transfer will be recognized by the City. 5.60.030 Forfeiture of rights upon unlawful assignment. Any attempted assignment or transfer of a franchise or special privilege not made in accordance with the provisions of this chapter shall operate as a forfeiture of all the rights of the grantee therein given. 25 Page 138 of 353 7-2 Old Business Chapter 5.64 VENDOR, PEDDLER, SOLICITOR, AND MISCELLANEOUS MERCHANT BUSINESS LICENSES Sections: 5.64.010 Definitions. 5.64.020 Licenses — Required. 5.64.030 Exemptions. 5.64.040 License fees. 5.64.050 General operating standards. 5.64.060 Specific operating standards. 5.64.070 Prohibited practices. 5.64.080 Application. 5.64.085 License renewal — Criminal convictions. 5.64.090 Licenses — Issuance. 5.64.100 Modification of display apparatus, vehicle, or structure. 5.64.110 Grounds for denial. 5.64.120 Appeal of denial. 5.64.130 License — Display. 5.64.140 License — Fees. 5.64.150 License — Non -transferable. 5.64.160 License revocation, grounds. 5.64.170 License revocation — Notice, right to cure, procedure. 5.64.180 License — Term and renewal. 5.64.190 Agent for service of process. 5.64.010 Definitions. For purposes of this chapter: A. "Accoutrements" means additional items added for flavoring such as, but not limited to, seasonings, mustard, ketchup, and mayonnaise. B. "Cart" means a small mobile cart or wagon that occupies a temporary location on a sidewalk or private property and is a humanly propelled wheeled vehicle that may contain food or other items for sale. C. "Display apparatus" means a non -permanent structure such as a table, stand, wagon, tray, cart, canopy, tents with three sides open, or other displays for the sale of goods, merchandise, food, wares, or services. Teepees shall be allowed if 75% of the sides are open and the interior is visible, from outside the teepee, to at least 7 vertical feet from the ground. D. "Farm produce" means fresh fruit, vegetables, herbs, eggs, or grains. 26 Page 139 of 353 7-2 Old Business E. "Miscellaneous merchant" means any licensee conducting business that does not meet the criteria of a peddler, solicitor, or vendor as defined in this chapter. F. "Month" means a period of thirty consecutive days regardless of the calendar month. G. "Non -motorized trail system" means a paved or unpaved government -constructed trail or path that is intended solely for pedestrian, bicycle, or equestrian use. H. "Peddler" means any person who goes from house to house or business to business, carrying food, goods, wares, or merchandise and selling or offering the same for sale. Peddlers seek out customers and are only stopped while engaged in a business transaction. They are not stopped or parked waiting for customers to come to them. Peddler shall not include persons going door to door requesting contributions or offering goods for sale for fundraising 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, distributing fliers, or internet offers. Solicitor shall not include persons going door to door requesting contributions or offering goods for sale for fundraising purposes, by volunteer representatives of qualified charitable organizations or schools, nor shall it include persons carrying out petitioning activity or serving political candidates or causes. A qualified charitable organization is a nonprofit organization that qualifies for tax-exempt status according to the U.S. Treasury under Section 501(c)(3) of the Internal Revenue Code. K. "Stationary mobile cart" means a cart having functional wheels and an axle that occupies one temporary location for a specified period of time. L. "Vehicle" means a motorized vehicle used for displaying, storing or transporting of articles offered for sale by a vendor, peddler or solicitor and is currently licensed and registered by the Department of Motor Vehicles. M. "Vendor" means any person, firm, or corporation engaged in the business of selling food, goods, services, wares, or merchandise from a vehicle, trailer, cart, human -powered cycle, backpack, basket, or other display apparatus within the City, and who, in furtherance of such purpose, leases, uses, or occupies any street, sidewalk, or private property. The term "vendor" includes: 1. Street vendors; 2. Sidewalk vendors; and 27 Page 140 of 353 7-2 Old Business 3. Private property vendors. N. "Vendor, food" means any street vendor, sidewalk vendor, or private property vendor that sells foodstuffs, edibles, beverages, ice cream, confectionery, or other edible products upon any public street, road, alley, curb or sidewalk, or on private property. O. "Vendor, limited" means a vendor that legally engages in business within City limits for a specified period of time not to exceed twenty-nine days. P. "Vendor, long-term" means a vendor that legally engages in business within 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 a vendor that 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 a vendor that travels 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 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 license. 5.64.030 Exemptions. A. This Chapter shall not apply to school and City recreation sponsored sales or events, or to City contracted sales or events. 28 Page 141 of 353 7-2 Old Business B. Vendors who conduct sales at a special event as defined in 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 shall 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 subsequent provisions of this Chapter. 2. Illegal camping. It is illegal for any vendor to camp on the selling site, in accordance with Chapter 8.20 and Section 10.04.230. 3. Refuse and recycling. Vendors are strongly encouraged to recycle. Vendors shall provide their own refuse/recycling containers and in no case shall City street receptacles be used for on -site vendor refuse and recycling. a. All refuse and recycling containers shall be removed and securely stored at the close of each business day. b. Every container shall have a cover. c. Pickup of refuse/recyclables shall be made through a refuse service provider or through the host property owner. Written permission from the property owner or proof 29 Page 142 of 353 7-2 Old Business of other arrangements must be submitted with the application. The City, at its discretion, may require applicants to obtain commercial refuse disposal service. d. Food vendors involved in special events shall utilize the special event refuse plan. e. Food vendors with seating areas shall have refuse and recycling containers emptied at the close of each business day. f. Food vendors shall comply with all applicable requirements for the collection and disposal of grease. 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 7:00 a.m. to 10:00 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. Noise levels shall comply with the requirements of Chapter 17.74. 10. Animals. No live animals shall be attached 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. 30 Page 143 of 353 7-2 Old 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 zone(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. 16. Vehicles. All vehicles must be insured and registered with the Utah Department of Motor Vehicles. 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. 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. 31 Page 144 of 353 7-2 Old Business 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. Sidewalk vendor carts shall not exceed the dimensions of three feet wide, eight feet long, and eight feet high. f. Vehicles or structures serving food shall not exceed the dimensions of eight feet wide, twenty-five feet long, and ten feet high. 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. 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, twenty-five feet long, and ten feet high. 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. 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. 32 Page 145 of 353 7-2 Old Business 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 five feet of open sidewalk space for the passage of pedestrians shall be maintained at all times. 2. Carts. a. Sidewalk vendor carts shall not exceed the dimensions of three feet wide, eight feet long, and eight feet high. b. 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. c. 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. d. The device or cart shall not be motorized so as to move on its own power. e. Hard casters for wheels are prohibited D. Private Property Vendors. 1. Location. All display apparatus shall be located on private property and in commercial zones. 2. Structures/Vehicles/Display Apparatus. a. Dimensions. No display apparatus shall exceed the dimensions of one hundred twenty square feet. b. Construction. All display apparatus shall be constructed in a sturdy manner so that there is no risk to the public of having the display apparatus collapse or break. c. Umbrellas Permitted. An umbrella or awning may be attached to the display apparatus or vehicle so as to shelter the vendor or customers. i. Umbrellas or canopies shall provide a minimum of seven inches of head room above the ground. 33 Page 146 of 353 7-2 Old Business ii. Umbrellas or canopies shall not exceed one hundred twenty square feet in area. d. All accoutrements must be contained in a three-foot by five-foot area adjacent to the display apparatus, structure, or vehicle. e. Display apparatus that cannot be adequately secured during off -business times shall be removed from the property at the end of each working day. f. Vehicles or structures shall not exceed the dimensions of eight feet wide by twenty-five feet long and ten feet in height. If the proposed vehicle or structure is more than twenty-five feet long, the applicant must obtain written approval for this exception from the City Manager. g• Seating may be provided to include a table and up to seven seats. h. Private property vendors must meet all applicable zoning, building, health, and fire codes for the intended use. E. Temporary Display --Permanent Business. 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 zoning, 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: 1. 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. 2. Where located along public sidewalks, such displays shall be located as close as possible to the main business building. 3. A minimum clear sidewalk width of five feet shall be maintained for pedestrian traffic to pass. 4. All merchandise displays shall be removed at the end of each business day and stored indoors. 5. 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. 6. 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. 34 Page 147 of 353 7-2 Old Business 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 between 10:00 p.m. and 7:00 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, call out, or play recorded audio 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. 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. 35 Page 148 of 353 7-2 Old Business 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 proof of insurance, 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 during 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 pf 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. 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 zone in which the applicant proposes to operate. 36 Page 149 of 353 7-2 Old Business 12. Proof of a Utah State sales tax identification number 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 verifies 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. 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; 37 Page 150 of 353 7-2 Old Business 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. The fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this Chapter. 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; 2. Offenses against the Sex Offender Registration Act or the Serious Sex Offender Monitoring Act, at any time in the past; 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: a. 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 38 Page 151 of 353 7-2 Old Business 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 b. 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: i. 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 ii. Less than five (5) years have elapsed from the date of conviction if the offense is a felony; 4. 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; 5. A history of consumer complaints against the applicant establishing unfair or dishonest trade practices, sales of shoddy, defective, or dangerous goods, or the like; or 6. 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. 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; 39 Page 152 of 353 7-2 Old Business 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 years have elapsed from the date of conviction, if the conviction is a misdemeanor, or less than five years if the convictions are of two (2) or more misdemeanors within the five years; or b. Less than five 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. 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 their 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 40 Page 153 of 353 7-2 Old Business 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; or 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. 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. 41 Page 154 of 353 7-2 Old Business A. A condition upon the issuance of any peddler or solicitor license is the irrevocable consent by the licensee to the nomination of the City Recorder as its agent for service of process for any claims derived from the licensee's business activities within the City. Additionally, the licensee stipulates to venue in the courts of Grand County, Utah, for any action involving its business activities in the City. B. Should the City Recorder be served with process for any licensed peddler or solicitor, a complete copy of the summons and complaint shall be mailed by certified mail, return receipt requested, to the licensee's business address, as contained in the City records. The City Recorder shall then notify the City Manager of the impending action and the nature of the complaint. 42 Page 155 of 353 7-2 Old Business Chapter 5.67 NIGHTLY RENTAL LICENSES Sections: 5.67.010 Definitions. 5.67.020 Licenses — Required. 5.67.025 License fee. 5.67.030 Application. 5.67.040 Renewal — Term. 5.67.050 Grounds for denial. 5.67.060 Appeal of denial. 5.67.065 Assignment prohibited, application upon transfer. 5.67.070 License revocation, grounds. 5.67.080 Revocation procedure, right to cure. 5.67.090 Penalties. 5.67.100 General operating standards. 5.67.010 Definitions. For purposes of this chapter: A. "Agent" means any legally authorized entity acting on behalf of a property owner, including but not limited to a property manager, a property management company, an executor of the owner's estate, or other legal fiduciary. B. "Nightly Rental" also called short-term rental, means: 1. The use, occupancy, rent or lease, for direct or indirect remuneration, of a structure or any portion thereof, constructed for single household or multi -household occupancy, or of any other residential property, or residential property within a commercial building, for a term of thirty consecutive days or less; 2. The commercial use, by any person, of residential property, or residential property within a commercial building, for hostel, hotel, inn, lodging, motel, resort or other transient lodging uses, where the term of occupancy, possession or tenancy of the property is for a term of thirty consecutive days or less. 3. For the purposes of this section, "remuneration" means compensation, money, rent, or other bargained for consideration given in return for occupancy, possession or use of real property. 4. For purposes of this section, nightly rentals shall include bed and breakfasts. 43 Page 156 of 353 7-2 Old Business 5.67.020 Licenses — Required. A. No person shall operate or engage in any nightly rental activity within the City of Moab without first obtaining and maintaining a valid nightly rental business license as required by Chapter 5.04. B. Each owner of property within the City of Moab that is being used as a nightly rental must obtain a nightly rental license. An owner may allow his or her agent to apply for and obtain the nightly rental license, however, the license shall be in the property owner's name, and filed under the property owner's name in the City license records. C. Owners who own multiple nightly rental properties must obtain a separate license for each nightly rental property. Property managers and property management companies may not include multiple nightly rental properties in one license. D. If an owner of a nightly rental is using a D.B.A., that D.B.A. must be registered with the Utah Department of Commerce. E. The owner shall be the licensee, but the property manager or local representative, if applicable, shall be deemed the responsible parry 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 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 44 Page 157 of 353 7-2 Old Business 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. The revocation procedure and appeal process shall follow the procedures outlined in Section 5.04.090. 45 Page 158 of 353 7-2 Old Business 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. 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. 46 Page 159 of 353 7-2 Old Business 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. 47 Page 160 of 353 7-2 Old Business Chapter 5.80 HOME OCCUPATION LICENSES Sections: 5.80.010 Purpose and definitions. 5.80.020 Home occupation licenses. 5.80.030 Application. 5.80.040 Fees. 5.80.050 General operating standards. 5.80.060 Prohibited home occupations and uses. 5.80.070 Enforcement and revocation. 5.80.010 A. Purpose. Purpose and definitions. 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 commercial uses that may 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; or 48 Page 161 of 353 7-2 Old Business c. 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. C. The license is not transferable to any individual or company other than the licensee. D. 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. E. 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. 5.80.030 Application, renewal, and denial. 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. 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. 49 Page 162 of 353 7-2 Old Business E. 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. The home occupation license may be denied for any of the grounds listed in Section 5.04.040. An applicant denied a business license shall be given written notice of the action by the City Treasurer. H. 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; 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 50 Page 163 of 353 7-2 Old Business 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 following standards and qualifications: 1. Code Compliance. 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. 7. Customers and clients. 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. Noise. 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. 51 Page 164 of 353 7-2 Old Business 9. Equipment and explosives. A home occupation shall not involve the visible storage of equipment or materials, or the presence of highly explosive or combustible equipment. 10. Employees. 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; 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 52 Page 165 of 353 7-2 Old Business 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. 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; 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; 53 Page 166 of 353 7-2 Old Business 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's Code Compliance Officer, 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. 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. 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 54 Page 167 of 353 7-2 Old Business also assess civil penalties to the extent permitted by the Utah Code. 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. 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. 4. 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. 5. Exhaustion of administrative remedies shall be a jurisdictional prerequisite to seeking judicial review. 55 Page 168 of 353 7-2 Old Business Title 5 BUSINESS LICENSES AND REGULATIONS Chapters: 5.04 Business Licenses Generally 5.20 Alcoholic Beverages 5.21 Regulating the Retail Sale of Tobacco Products 5.32 Pawnbrokers, Secondhand Dealers and Junk Dealers 5.60 Franchises 5.64 Vendor, Peddler, Solicitor, and Miscellaneous Merchant Business Licenses 5.67 Short-term Rental Licenses 5.70 Street Performers 5.80 Home Occupation Permits Licenses Page 169 of 353 7-2 Old Business Chapter 5.04 BUSINESS LICENSES GENERALLY Sections: 5.04.010 Business license required. 5.04.015 License compliance. 5.04.020 Business license fee. 5.04.030 Application. 5.04.040 Grounds for denial. 5.04.050 Appeal of license denial. 5.04.060 License term, renewal, display, change of address. 5.04.070 Assignment prohibited, application upon transfer. 5.04.080 License revocation, grounds. 5.04.090 Revocation procedure, right to cure. 5.04.100 Collection action. 5.04.110 Name Change. 5.04.010 Business license required. A. No person shall engage in or carry on any business, trade, profession, or enterprise within the ECity of Moab without first obtaining a business license as required by this chapter. 1 Persons doing business within the ECity of Moab who 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 ECity licensees doing business in Grand County from further licensure, and provided that a copy of such ECounty license shall be is provided to the ECity by the licensee. B. The term "business" shall be defined as the exchange making, offering, buying, or selling of goods or services in exchange for consideration, payment, or other value. The term "business" shall not be defined to include: 1. The acts of employees in performing services for employers; Page 170 of 353 7-2 Old Business 2. Occasional or incidental sales by ECity or ECounty residents which are not conducted as part of a person's regular trade or profession. Such activity shall not exceed three days per year, except as otherwise provided for in this chapter; or 3. This chapter shall not apply to sSales 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, , misdemeano011, as defined to the extent permitted by under the Utah Code, and/or by civil action to enjoin or abate the violation. Proof of a violation of this section shall be sufficient to obtain an injunction. In the event of civil enforcement, the ECity may recover its reasonable attorney fees and court costs against the violator. (Ord. 03 05 (part), 2003) 5.04.015 License compliance. No license shall be issued by an official or employee vested with the duty and authority to issue licenses that would not be in conformance with the provisions of this title. Any license so issued shall be null and void. (Prior code § 27-25-4) 5.04.020 Business license fee. A. From time to time the ECity ECouncil will adopt an ordinance updating may by resolution establish business license fees for businesses operating within the ECity limits Fees shall be categorized for each class of business. and shall be uniform with respect to all businesses falling within the same class. B. Fees shall be calculated, to the extent possible, to proportionately recoup costs for ECity services, regulatory costs, and staff time. and disproportionate impacts upon city 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 ECity administration in addition to specific costs incurred by the ECity for public utilities, police protection, fire and public safety, storm water control, traffic control, parking, transportation, beautification, and snow removal. 2. "Disproportionate impacts" shall be defined as businesses generating demands for services in excess of the per business statistical average of demand for services of all businesses within the ECity. 3. City staff is authorized to periodically review business classifications, the license fee rates in relation to actual costs, any changes in the relative demands for ECity services by businesses, and to make recommendations to the ECity ECouncil for changes or adjustments to the fee structure. Page 171 of 353 7-2 Old Business E[201 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) 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 Utah State Tax Commission's sales tax license number of the applicant (if applicable) within thirty days of application; and 5. A driver's license or other satisfactory proof of identity; and 6. Any other information deemed necessary by the recorder Treasurer's office to process the application, including but without limitation, information concerning municipal code compliance, zoning compliance for the business address, parking compliance, hours of operation, health code compliance, building code compliance, fire code compliance, business name as registered with the Utah State Tax Commission, access requirements, and any other state, federal, or City licensure requirements. The recorder may permit the applicant to supplement an application with additional information as B. A business license application shall be executed by the applicant or its authorized agent, who shall certify that all statements contained in the application are true and correct to the best of the applicant's knowledge, information, and belief C. An application is complete when the application form is complete, and all supplemental information required requested by the recorder City is provided by the applicant, the document is signed, and the applicable business license fee is paid to the eCity. D. A completed application that does not require city council or planning commission approval shall be approved or denied within ten business days of submittal. Where an application does not meet all approval criteria, but the applicant can demonstrate the ability to comply within a reasonable period of time, the recorder Treasurer may conditionally approve the license subject to compliance with specified conditions within a specified time period. Page 172 of 353 7-2 Old Business 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 license 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 property owner of the business address of the proposed place of business which are not corrected within the allotted time period following issuance of notice to the owner and/or applicant; 3. The expiration, revocation, or denial; of any federal, state, or ECity permits or licenses necessary for the legal operation of the business; 4. Failure by the applicant or the premises property owner to pay water, sewer, solid waste collection, or other ECity charges, fees, fines, or assessments owing; 5. Failure by the applicant to obtain or maintain a state sales tax license (if applicable)..-i or 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 en*i��to given written notice of the action from the city recorder City Treasurer. An aggrieved applicant may appeal a license denial to the ECity council Manager by filing a written notice of appeal within five business days of the notice of decision. Failure to timely request an appeal shall result in waiver of the appeal right. The ECity council Manager shall hear the appeal no later than fifteen business days from the date of the appeal notice. The council City Manager may sustain the denial, grant the license, or grant the license subject to conditions. (Ord. 03 05 (part), 2003) Page 173 of 353 7-2 Old Business 5.04.060 License term, renewal, display, change of address. A. Licenses granted under this section are valid from July 1 to June 30 of the following year, and are renewable annually on or before June 30. The fee for any license issued after January 1 of each year shall be prorated to fifty percent of the applicable annual fee. B. Licenses shall be renewed automatically upon payment of the license fee on or before July 1 of each year, provided there has been no change in the nature or classification of the business, and provided further that there are no outstanding municipal code violations or unpaid ECity charges, fees, fines, or assessments. 1. Licensees having outstanding code violations, unpaid charges, fees, er-fines, or unremitted sales taxes are not subject to renewal until said violations are abated and/or 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 revocationgr-eunds. The following shall be grounds for business license revocation: 1. False, inaccurate, or misleading statements by the applicant in the application for a business license; or in any supporting documentation; Page 174 of 353 T 7-2 Old Business 2. Municipal code violations, including but without limitation, zoning, sign, building, health, and or fire code provisions,. by the licensee or the property owner of the ,,,sine. address which are unabated not corrected within the allotted time period under Section 5.04.090, following issuance of notice of violation to the owner and/or licensee; 3. The expiration, revocation, or denial of any federal, state, or ECity licenses or permits necessary for the legal operation of the business; 4. Failure by the licensee or the premises property owner to pay water, sewer, solid waste collection, or other ECity charges, fees, fines, or assessments owing; 5. Failure by the licensee to obtain or maintain a sales tax license, failure to collect or remit sales tax, or violations of the sales tax law, if applicable; 6. The use of the licensed premises for any unlawful purpose or enterprise or the maintenance of a public nuisance, as defined by Utah law; or 7. Any violation of the Utah Alcoholic Beverage Control Act. (Ord. 03 05 (part), 2003) 5.04.090 Revocation procedure, right to cure. A. Prior to revocation, the city recorder City Treasurer shall issue a written notice of violation, which notice shall describe the nature of the violation,. and permit the licensee a period of not less than ten business days in which to correct or abate the violation. The abatement period may be extended by action of the ECity mManager upon a showing of good cause. The notice shall also inform the licensee that the license will be revoked not less than ten business days from the date of notice if violation is not corrected within the ten-day period. B. The notice shall be personally served or delivered by certified mail or first class mail to the last known address of the licensee. The licensee shall be entitled to request a hearing by delivering a written request to the ECity any time prior to the effective date of the license revocation, as stated in the notice of violation. Failure to timely request a hearing shall be a waiver of the right to a hearing. Timely request for a hearing shall result in the revocation being stayed until completion of the hearing. C. Hearings shall be conducted informally and shall be presided over by the ECity mManager. The licensee and the City Treasurer shall be permitted to offer any evidence or testimony in support of each his/her position. Should the testimony, documents, or other evidence establish a violation,. the license shall be revoked. D. Following an informal hearing before the ECity mManager, a person aggrieved by any revocation may appeal the decision by delivering written notice of same within ten business days of the notice of decision. Timely notice of appeal will result in stay of the revocation pending the appeal hearing. Any appeal shall be heard by the ECity ECouncil no later than ten twenty-one (21) business days from the delivery of notice of appeal. The ECouncil may sustain or overturn the decision. Page 175 of 353 7-2 Old Business 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. 2The ECity may file a civil action against any business licensee or former licensee for any type or class of license to collect any unpaid business license fees, together with all applicable charges for water, sewer, solid waste collection, and any other charges, fees, assessments or penalties chargeable to the business, together with reasonable costs of collection, including attorney fees and court costs. (Ord. 03 05 (part), 2003) A. The terms "restaurant," "club," and "alcoholic beverages" shall be defined as set forth in U.C.A. 32A 1 105. 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) 5.04.110 Name change. Page 176 of 353 7-2 Old Business The licensee shall not change the name of -the business establishment until the licensee provides written notice to the City Treasurer ten days prior to the name change, and pays the name change fee. Page 177 of 353 7-2 Old Business Sections: [This Chapter is repealed in its entirety.] n4 n1 n m..ansie �v:v=v—zzzrn�razrt-itCrCs, n4 non 7 ��v: m�mc^cirse-tCrm. A. A "transient merchant" is defined as any person conducting business within the city of Moab selling goods or services from a location other than a fixed store or office within the city limits The term "transient merchant" shall not be defined to include persons soliciting donations for qualified charitable or philanthropic organizations, persons soliciting support or financial contributions for a political candidate or cause, or petitioning activity. B. Transient merchants shall obtain a business license and comply with all of the provisions of Chapter 5.04 together with the provisions in this chapter. (Ord. 03 05 (part), 2003) In addition to the information required of all business license applicants under Section 5.04.030, 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, Page 178 of 353 C 7-2 Old Business fraud, theft, burglary, or any violent crimes including assault, robbery, sexual assault, child abuse, or homicide. (Ord. 03 05 (part), 2003) The existence of any of the following may be grounds for denial of a transient merchant 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 'I (Ord. 03 05 (part), 2003) Any of the grounds identified in Sections 5.04.080 and 5.08.020 shall be grounds for revocation. (Ord. 03 05 (part), 2003) A. A condition upon the issuance of any transient merchant license is the irrevocable consent by the licensee to the nomination of the city recorder as its agent for service of process for any claims derived from the applicant's business activities within the city. Additionally, the applicant stipulates to venue in the courts of Grand County, Utah for any action involving its business activities in the city. B. Should the city recorder be served with process for any licensed 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) Every licensed transient merchant shall possess and display upon demand a copy of its business license. (Ord. 03 05 (part), 2003) c n4 non r ; ,. +,.,,,,, Page 179 of 353 7-2 Old Business The transient merchant license shall be valid for a period of twelve months from the date of issuance. (Ord. 03 05 (part), 2003) A. Transient merchant license applicants intending to operate from a temporary commercial structure may apply for a license contingent upon approval by the city council of a temporary commercial structure permit for the business, as provided under Chapter 5.64. In the event the temporary commercial structure permit is denied the transient license will not be issued and all transient merchant license fees shall be refunded. (Ord. 03 05 (part), 2003) A person denied a transient merchant license shall be entitled to appeal that decision pursuant to the procedure provided in Section 5.04.050. Revocation of licenses shall be governed by the procedures provided in Section 5.04.090. (Ord. 03 05 (part), 2003) Page 180 of 353 7-2 Old Business TITLE 4 SPECIAL EVENT AND STREET PERFORMER PERMITS Sections: 5inn,n�IIefinitiens 5.097050--m enial: c no 080 Sales ta- n tio" a � • �. izrlre9�rree -n--vi'c"siiiis-.i--ric^cirse7 5inn.n�Termi-revoeatie, 5.09.1 nn Ci it eni l-enfareement, cnn��n u vvrrr�Ter%iiit-reneii 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. 4.01 Purpose. The purpose of this Title is to establish clear procedures through which a proposed special event 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. 5-4.0297040 Definitions. The following definitions apply to this Title: Page 181 of 353 7-2 Old Business 1 26"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. B"Debriefing" means a meeting held by the Special Eevents Rreview Ceommittee (SERC) within thirty (30) five business days of the close of the event. Attendance/Participation of the applicant at this meeting is mandatory. C. "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 3 09,070 4.1509.070. D "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. E "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. "Performance" shall be defined to include, but not be limited to, the following activities: playing music, singing, dancing, pantomiming, puppeteering, juggling, fire -spinning, reciting, etc. Performance does not include providing personal services. F "Permittee" means the applicant holding a valid permit under this chapter. G. "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 Ccity park property for which a park permit has been obtained; (3) does not require installation of adversely impact City personnel, services, or facilities. Private events are not regulated by this chapter pt h p T lly 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. "Private event" means an event which is: • Closed to the general public; • 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; Page 182 of 353 E 7-2 Old Business " Does not require installation of temporary water, power, cooking, sanitation, or waste management facilities; and " 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. "PpubliC 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. H. "Special event" or "Special business event" means a sporting, cultural, entertainment, limited or fixed duration, not to exceed fifteen consecutive days, and which is likely to attract a large number of participants or spectators. By way of illustration, and not of limitation, special events subject to this chapter include: concerts, fairs, rallies, athletic events, or temporary sales events. Special events arc further defined as follows: 1. Level I Event. Events expected to be attended by not more than two hundred people per day and which include one or more of the following: a. Partial or rolling street closures; b. Vendor sales or concessions; c. Amplified sound; or d. An entrance fee or ticket charge for the event. 2. Level II Event. Events expected to be attended by more than two hundred people per day and which may include one or more of the following: a. Full public street closure; b. Vendor sales or concessions; c. Amplified sound; or d. An entrance fee or ticket charge for the event. "Special event" means a sporting, cultural, entertainment, commercial, or similar gathering, whether held for profit or on a nonprofit basis, occurring for a limited or fixed duration, not to exceed fifteen consecutive days, and which is likely to attract a large number of participants or spectators. By way of illustration, and not of limitation, special events subject to this chapter include: concerts, fairs, rallies, athletic events, or temporary sales events. Special events are further defined as follows: Level I Event. Events expected to be attended by not more than two hundred people per day and which include one or more of the following: Page 183 of 353 7-2 Old Business Partial or rolling street closure of City right-of-ways, including streets, sidewalks, and/or pathways; Vendor sales or concessions; Amplified sound; or An entrance fee or ticket charge for the event. Level II Event. Events expected to be attended by more than two hundred people per day and which may include one or more of the following: Full public street closure of City right-of-ways; Vendor sales or concessions; Amplified sound; or An entrance fee or ticket charge for the event. 1"Special Eevents Rreview Ceommittee (SERC)" means a committee made up of representatives from City departments including, but not limited to, police, parks, public works, and representatives from the Southeastern Utah Health Department, Moab Valley Fire Protection District, and a County special events representative. The special events coordinator or his/her designee shall be the chair of this committee. "Special events coordinator" means the City employee who administers the provisions of this chapter. K. "Speech event" means an activity conducted primarily for the expression of political, social, religious, cultural, or other constitutionally protected speech. Speech events may include rallies, picketing, protesting, marching, demonstrating, or debating matters of public concern on any City street or other property. Speech events do not include events held in furtherance of a business or commercial purpose. "Street closure" means the deliberate blockage of any public street or City owned parking facility to prohibit the flow of traffic or access of vehicles. M. "Substantial change" means changes to an existing special event that cause the need for a different review level or cause the need for review by the City Council. These changes include, but are not limited to: increased need for street closures; increased need for police support; a change in duration; an increase in anticipated attendance; or the addition of vendor sales or concessions. "Vendor" means a person selling food, beverages, souvenirs, or other merchandise at a special event. The term "vendor" does not include the sale of memberships in an organization which is the special event applicant. 0—"Venue" means the location or locations where a special event is held, including all ingress/egress routes, parking, and necessary facilities for the event. (Ord. 17 17 (part), 2017) Page 184 of 353 7-2 Old Business Sections: 4.03.010 4.03.020 4.03.030 Permits required. Permit exceptions. Application and review procedure. 4.03.010 Permits required. 16Any 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. AB. The following activities are exempt from this chapter: 1. Funeral processions by a licensed mortuary; 2. Activities lawfully conducted by a governmental agency on property or in facilities owned by that same agency; 3. Filming activities authorized by another type of permit; 4. Private events as defined in Section 5.09.010(G); or 5. Speech events that do not meet the definitions of a Level I or Level II event. (Ord. 17-17 (part), 2017) 5-4.039.030 Application and review procedure. A. All requests for a special event permit(s) shall be made on a special event application prescribed by the City. The applicant shall submit the application 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 guidelinesdeadlines below unless otherwise approved by the special event coordinator upon a showing of good cause: 1 Not less than ninetys days prior to the scheduled opening of any Level I or Level II event; or 2. Not less than ninety days prior to the scheduled opening of any Level II event; or 3—Not less than seven days prior to a speech event. Page 185 of 353 T 7-2 Old Business 1 34. Level II events may apply no earlier than one year prior to the requested date of an 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, but is not be limited to: 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 application 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 Moab City Council shall review and approve, approve with conditions, or deny the following applications: Page 186 of 353 T 7-2 Old Business 1. Applications for new Level II events; as used herein, a "new Level II event" shall mean any Level II event being proposed for the first time; 2. An event renewal of a Level I event that now qualifies as a Level II event; 3. Level II event permit renewals where material elements of the event have substantially changed from the previous application; and 4. A Level II event which was not renewed for a period exceeding one year. F. The special events coordinator shall promptly notify the applicant of the SERC recommendation to council and of the date the application will be scheduled before the City Council. The application shall be heard at a duly noticed public meeting. The City Council shall review the application for compliance with the standards set forth in this chapter. G. Conditions which may be required as part of the approval of an event permit may include, but are not limited to: (1) restrictions on duration or hours of operation; (2) restrictions on total attendance; (3) limitations on vending or alcohol sales; (4) limitations on parking, participant transportation, ingress/egress; (5) limitations as to noise, dust, glare, or sound amplification; (6) security, EMS, or other public safety measures; (7) insurance, damage deposits, or other financial guarantees; (8)[4] other measures which may reasonably provide for public health, safety, and welfare in connection with an event G. Conditions 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; and 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. (Ord. 17-17 (part), 2017) Page 187 of 353 7-2 Old Business 5 4.07 Serving alcohol at special events. Sections 4.07.020 Alcohol at public spaces. 4.07.030 Application. 4.07.040 Operational restrictions. Page 188 of 353 7-2 Old Business 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 council 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 twelve p.m. ten a.m. until eight -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. SERCCity staff is authorized to approve private events at the MARC where alcohol may be served. a, 1. Sponsors of private events at the MARC must: a. Pay the applicable rental fee, as established from time to time by the City Council mien, 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 i b. Comply with applicable laws governing the consumption and distribution of alcohol. 13, 2. All events at the MARC, public or private, shall be concluded by eleven p.m. C. Public Bevents at County-owne 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 theme 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 Sstate 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. 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 Page 189 of 353 7-2 Old Business 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. 0 applicable, 451 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 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 b. The areas in which the applicant proposes that beer 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 codeordinances; and 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. Page 190 of 353 T 7-2 Old Business 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. I. No sale of beer shall exceed a sixteen ounce serving. J. Minors shall not be permitted to serve or dispense alcoholic beverages, nor shall they be permitted to consume or purchase alcoholic beverages at the event. K. Alcoholic beverages shall be sold on a per serving basis; "all you can drink" or similar events where beer is served without limitation upon paying a fixed price are prohibited. L. Licensees shall properly train all event personnel on all operational restrictions, and shall assure that alcoholic beverages are not served to obviously intoxicated persons. M. The licensee shall provide adequate event security, given the nature of the event and the expected number of event patrons. N. No event sponsor or other person shall charge an admission fee or otherwise charge a price for alcoholic beverages served and consumed in any public place, except in conformity with the provisions of this Title and Title 5.20. Violation of this subsection is a strict liability offense and shall be punishable as a Class C misdemeanor. Page 191 of 353 E 7-2 Old Business Chapter 4.09 5:040 Concurrent event applications. A. 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: 4 —Whether the events will adversely impact one another or create unreasonable burdens on the public health, safety, or welfare; 2. The geographic separation of the events; 3. The proposed time and duration of the special events; 4Anticipated attendance volumes; 5The demands upon public safety personnel, equipment, and/or transportation services; and 6. Anticipated traffic and parking impacts of the events. (Ord. 17-17 (part), 2017) 5-4.1100)50 Special event permit denials, revocations, and appeals.Gr-e nd-s f r Feria'. Sections 4.11.020 Special event application denial 4.11.030 Permit revocation 4.11.040 Appeal procedure. 4.11.020A7 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; Page 192 of 353 C 7-2 Old Business 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. (Ord. 17 17 (part), 2017) 5-4.11.030 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; 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. 5-4.1109.0460 Appeal procedure. A. Any special event applicant person adversely affected by a permitting decision under this chapter may appeal as provided in this section. Page 193 of 353 C 7-2 Old Business 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. {Ord. 17 17 (part), 204-7} 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. 4.12.020 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. Page 194 of 353 7-2 Old Business G. No street performer shall perform in contravention to the allowable noise levels established by Municipal Code Chapter 17.74 H. No street performer shall block or obstruct a curb cut. I. No street performer shall connect or maintain an electrical cord to an adjacent building or to a City power source, except as part of an approved use of a public park. J. Street performers utilizing outdoor private property must obtain written permission from the property owner to engage in a performance. K. Any street performer meeting one or more of the following conditions shall obtain a performance permit as provided for in this chapter prior to engaging in a performance: 1. The performance involves more than two performers, unless said performance is 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). Page 195 of 353 7-2 Old Business E. If within ten feet of or on private property, a statement of authorization from the affected property owner(s). 4.12.040 Permit --Issuance. Upon review of a performance permit under this chapter, the City Manager will determine if the application is satisfactory. The City Manager may consider the health, safety and welfare of the public and the performer(s) when determining if the application is satisfactory. The City Manager may place conditions on the issuance of the permit relative to the time, location and manner of the performance. After City Manager's approval, the City Treasurer will issue a performance permit showing the number of the permit, the date of issuance, the nature of the performance, the location(s) of the performance, the dates and time of the performance(s), and the name or names of the person(s) authorized to carry on same. 4.12.050 Grounds for denial. A performance permit may be denied if the proposed performance is deemed to be a significant threat to public health, safety and welfare. 4.12.060 Permit--Display. The permit issued under this chapter shall be kept on or about the persons authorized to perform under the permit. 4.12.070 Permit --Nontransferable. Any permit issued pursuant to this chapter is not transferable by the permittee. Page 196 of 353 7-2 Old Business 5-4.1309A-70 Chapter 4.13Fees . 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 sSpecial events application permit fees shall be set according to the fee schedule established by the City Council by resolution. B. If applicable, a park rental fee is due with the permit application.and payable seven days prior to the event. 4.13.030 Service Fees AC. The City may require payment of a City service fee to cover the cost for additional City services arising from an 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 determined on a case by case basis, as required by the event, and shall shall must may be paid in full at the time of application. seven days prior to the event., Additional charges may be assessed to the permittee after the event has ended. 4.13.040 Deposit. D. 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.[61 Page 197 of 353 7-2 Old Business EThe City may waive fees related to special events under this chapter in the case of a showing of need or financial hardship by an applicant who is an individual or a nonprofit organization, or only in the case of an application for a speech event. (Ord. 17-17 (part), 2017) 5 Chapter 4.1509A189 Sales tax collection by applicant or vendors . 16Unless exempted by Utah law, an applicant for a special event that includes vendor sales or concessions shall either: -1 Provide proof that all vendors have a Utah State sales tax license 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 license 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 license identification number.. B. The City shall be authorized to audit the applicant or otherwise verify that all sales tax remittances are paid. C. An applicant for a special event that includes vendor sales or concessions shall obtain a business license pursuant to Chapter 5.04 concurrently with the application for a special event license. Where an applicant for a special event already has a City business license, no additional license is required. All applications for a business license shall be processed concurrently with the special event application. (Ord. 17 17 (part), 2017) c nn nnn Pere it ation 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 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 agents, or employees. Page 198 of 353 7-2 Old Business 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. BC. 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. TIn the case of a revocation under subsection (A)(5) of this section, the Moab police department may deliver oral or written notice to the permittee, if feasible. If notice is not feasible the Moab any breach of the peace. (Ord. 17 17 (part), 2017) 5-4.1709,100 Civil or criminal enforcement. A. A knowing violation of this chapter or any permit issued under this chapter by the applicant or permittee may be punishable, , under the Moab Municipal Code or Utah statutes. to the extent permitted by the Utah Code. B. 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. (Ord. 17 17 (part), 2017) 5-4.1909,140 Permit renewal. A. 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. B— 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-Ssection 4.11.040 of this Ttitlechapter. {Ord. 17 17 (part), 2017 Page 199 of 353 T 7-2 Old Business [This Chapter is repealed in its entirety and replaced by proposed MMC 5.64.] Page 200 of 353 7-2 Old Business Sections: Chapter 5.20 [7] (ALCOHOLIC BEVERAGES 1 [0[9] (ARTICLE I. DEFINITIONS00] 5.20.010 Scope. 5.20.020 Alcoholic beverages. 5.20.030 Beer. 5.20.031 Beer rRetailer. 5.20.032 Beer wWholesaler. 5.20.034-35 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. Page 201 of 353 E 7-2 Old Business 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. 5.20.225 Special event alcoholic beverage license local consent.0.11 5.20.230 Application Filing date for holders of old licenses and forfeiture of renewal fights 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. 5.20.320 Name change.0.21 5.20.325 Violation — Penalty. ARTICLE III. GENERAL REGULATIONS 0[13] 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. Page 202 of 353 E 7-2 Old Business 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-sSponsored pPublic eEvents. 5.20.360 Location restrictions for beer sales. 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. 5.20.410 Presence of minors in certain establishments prohibited. 5.20.420 Unlawful to permit minors in ceEtai est-a lisp v o is 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. 0[14] Permitting drunkenness unlawful. 5.20.520 Canvassing and soliciting unlawful. 5.20.530 Unlawful importations and transportations. 5.20.540 Aiding or abetting. Page 203 of 353 7-2 Old Business 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[15] Violation Penalty. 0[16] 5.20.570 5.20.580 5.20.590 5.20.600 5.20.610 5.20.620 5.20.630 5.20.640 5.20.650 5.20.655 5.20.660 ARTICLE IV. INTOXICATING LIQUORS SPECIAL EVENTS AND ALCOHOL IN PUBLIC PLACES Unlawful to allow consumption without license. Consumption prohibited in unlicensed premises. Illegal sale, manufacturing, storage, etc. Possession. Taking unlawfully. Adulterated alcoholic beverage. Supplying to minors 17] Supply to person whose permit is suspended. Supply to prohibited person. Storage unlawful. Special events with alcohol operational restrictions. 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 of Utah Alcoholic Beverage Control Act unless a different meaning is clearly evident or specified. (Ord. 94 14 (part), 1994) Page 204 of 353 C 7-2 Old Business 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 63400 of 1% of alcohol by volume or at least 0.51/2 of 1% efalcohol by weight volume, but not more than 4%-ef alcohol by volume or 3.2% by weight, and are obtained by fermentation, infusion, or decoction of any malted grain. Beer may or may not contain hops or other vegetable products. (Ord. 94 14 (part), 1994) 5.20.031 Beer rRetailer. "Beer rRetailer" means any Persont[18] engaged in the sale or distribution of beer to the consumer. (Ord. 94 14 (part), 1994) 5.20.032 Beer wWholesaler. "Beer ,vWholesaler" means any person[19] other than a brewerl[20] or retailer engaged in importation for sale or in the sale of beer in wholesale or jobbing quantities. 5.20.03435 Community location. A-"Coommunity location" means: A. Aa public or private school; B. Aa place of worshipchurch,; C. Aa public library,; D. Aa public playground,; or Page 205 of 353 7-2 Old Business E. Aa 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 liquer-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,+tifietts1[21]; fermented, malt, or other liquid or a combination of liquids, a part of which is spirituous, vinous, or fermented, andor 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 arc capable of human consumption; except that the term "Liquor" includes wine and heavy beer, which is defined as beer that contains more than 4% alcohol by volume er 3.2-%-b- wfight. -`Liquor" shall not include "beer" as defined in Section 5.20.030. (Ord. 94 14 (part), 1994) 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 EChapter, or where persons resort to for drinking alcoholic beverages contrary to the Alcoholic Beverage Control Act of Utah or this EChapter; 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 Page 206 of 353 7-2 Old Business C. Persons under the age of twenty-one are permitted to purchase or drink alcoholic beverages; or D. Laws or ordinances are violated by a licensee or his its agents or patrons with the consent or knowledge of licensee upon such premises which tend to affect the public health, peace or morals; or E. Any sign is displayed which is obnoxious, gaudy, blatant or offensive. (Ord. 91 11 (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) 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 foods4s 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) Page 207 of 353 E 7-2 Old Business 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-orte-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 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. Page 208 of 353 C 7-2 Old Business 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. 5.20.280 of this chapter. (Ord. 94-14 (part), 1994) 5.20.140 Purchase of beer —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 beer 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. (Ord. 94-14 (part), 1994) 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 Page 209 of 353 7-2 Old Business 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. 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. 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 Page 210 of 353 7-2 Old Business 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) 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), 4-9-94) 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) 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. 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; Page 211 of 353 7-2 Old Business 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. under the influence of alcoholic beverages. 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) 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 jrescinded{22]{23} on Jul 1 2018 and thereafter, applicants shall follow the regulations in U.C.A. Title 32B, Chapter 7: Off Premise Beer Retailer Act. Page 212 of 353 C 7-2 Old Business 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 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 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) [24] 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. Page 213 of 353 7-2 Old Business 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; c. An application fee as established by the city council, which sum shall be refundable in the event that the license is not granted. C. Operational restrictions. 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. Page 214 of 353 7-2 Old Business 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 14. If applicable, concurrent with the application for a special event beer license, the 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: 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 must indicate compliance that he or she has complied [25]with the requirements [26] the qualifications specified in the Alcoholic Beverage Control Act of Utah. If the applicant is a copartnership, the names and Page 215 of 353 7-2 Old Business 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) 5.20.220 Application --Health department referral. All applications for local consent filed in accordance with this chapter shall be referred to the health department who shall inspect the premises to be licensed to assure sanitary compliance with the laws of the state, the ordinances of the City and the rules and regulations of the health department. If the premises and all equipment used in the storage, distribution, or sale of beer alcohol fulfills all such sanitary requirements, the health department shall issue a permit to the licensee, a copy of which shall be attached to the application for license local consent. (Ord. 91 14 (part), 1994) le al nt,[27] 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 be a ges , 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 Page 216 of 353 C 7-2 Old Business 07 101, et seq., 32B 9 101 et scq_ except that Applicants seeking a special event liquor license must also obtain written local consent from the City Ma ger 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 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 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; 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; 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. Page 217 of 353 7-2 Old Business C. Operational restrictions4281 1. All persons involved in the sale or serving of beer at the event shall do so only under the 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. Page 218 of 353 7-2 Old Business 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 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. 2. The City Council may City M ger 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 Page 219 of 353 7-2 Old Business 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. 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 provided; if not renewed within the forty five day period, such license shall expire. (Ord. 91 11 (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 90 days of the cessation of the grantee's alcohol sales091_ 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) Page 220 of 353 C 7-2 Old Business 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. 91 11 (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 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 Page 221 of 353 7-2 Old Business 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,er 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. 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-ef 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 Page 222 of 353 7-2 Old Business 5.20,33v-14n t9-sell-beer without-lieense7 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. 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) 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 Page 223 of 353 7-2 Old Business 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 Ttitlesection. 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 by 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-Loeatien-restfietions-?peen-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. 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 Page 224 of 353 T 7-2 Old Business 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) E0-EA4 in in n iz im 5.20.370 Advertising salt. 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) Page 225 of 353 7-2 Old Business 5.20,3.90-NAniv esaler-ai i retaiiei irott9z�'iz`t�e e9mmon4nter ests: 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) 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. 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. 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. Page 226 of 353 7-2 Old Business 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. 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) 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) 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) 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) It is unlawful and constitutes an offense of strict liability for any person under the age of twenty 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 Page 227 of 353 7-2 Old Business possession of beer shall not apply to persons under twenty one years of age who arc bona fide employees in Class III licensed premises while in the discharge of their employment therein or thereabouts. (Ord. 94 14 (part), 1994) 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 salts. 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 arc considered contrary to the public welfare and morals, and are prohibited upon the premises: 1. Employing or using any person in the sale or service of alcoholic beverages while the person is unclothed or in attire, costume, or clothing that exposes to view any portion of the female breast below the top of the arcola or any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals; 2. Employing or using the services of any person to mingle with the patrons while the person is unclothed or in attire, costume or clothing as described in subsection (a); 3. Encouraging or permitting any person to touch, caress, or fondle the breasts, buttocks, anus, or genitals of any other person; 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: Page 228 of 353 7-2 Old Business 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 Gection; 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), 4-994) 5.20.500 Inspection of premises. All licensed premises shall be subject to inspection by any police officer or by any member of the City Council or any officer or agent of the Alcoholic Beverage Control Commission or of the 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) 30] It is unlawful for any person to: any house or on any premises of which he is the owner, tenant or occupant; or Page 229 of 353 7-2 Old Business B. Permit or suffer any person apparently under the influence of liquor to consume any liquor in any house or on any premises of which the first named person is owner, tenant or occupant; or C. Give any liquor to any person apparently under the influence of liquor. (Ord. 91 11 (part), 1994) It is unlawful for any person to canvass or solicit orders for alcoholic beverages by mail, telephone or any other manner and such person is prohibited from engaging in such activities cxccpt 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) 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. 91 11 (part), 1994) 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) 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 Page 230 of 353 7-2 Old Business 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 r.2-M44 'Crnnsfe-.--o C-:ase-l-erz:ass-If-6°ee:.se 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) 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 , of this article shall be guilty of a misdemeanor. (Ord. 94 14 (part), 1994) SPECIAL EVENTS AND ALCOHOL IN PUBLIC PLACES [31] 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) Page 231 of 353 7-2 Old Business [32] 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) It is unlawful for any person, except as provided by state statute, to knowingly have in his possession any intoxicating liquor or to manufacture, sell, keep or store for sale, offer or expose for sale, import, carry, transport, advertise, distribute, give away, dispense or serve intoxicating liquor. (Ord. 85 09 (part), 1985: prior code § 3 4 3) 5.20.590 Possession. It is unlawful, except as provided by state statute, for any person to have or to keep for sale or possession any liquor which has not been purchased from the state liquor store or package agency. (Ord. 85 09 (part), 1985: prior code § 3 4 4) It is unlawful, except as provided by state statute, for any person within this state, by himself, his clerk, employee or agent to attempt to purchase, or directly or indirectly or upon any pretense or upon any device, to purchase or in consideration of the sale or transfer of any property, or for any other consideration, or at the time of the transfer of any property, to take or accept any alcoholic beverage from any other person. (Ord. 85 09 (part), 1985: prior code § 3 4 5) 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) .2$f2n c,,....i. •i [33] 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 Page 232 of 353 C 7-2 Old Business 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) 157206 te-persen-whase pe t4s--;n spent le r[34] 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) [35] 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.''k655-Sneerevents-wrth-alee hol---operational-restri etie Al.{3g}[3-} 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. Page 233 of 353 T 7-2 Old Business 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.Loca1 consent for serving alcohol at a special event is not transferable, whether to another person, or another location. G7. Local consent shall be approved for a specific event scheduled on a date or dates certain and shall be valid for a period not to exceed five consecutive days. I-118. No more than two consents for special events with alcohol shall be granted in any calendar year to any applicant.[38] [39] [4 0] 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. 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 arc prohibited. L 12. 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 13. The licensee shall provide adequate event security, given the nature of the event and the expected number of event patrons. Page 234 of 353 E 7-2 Old Business N 14. 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 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. 113. 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 liability offense and shall be punishable as a Class C misdemeanor. [41] 0421031. 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 l it to 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 /I. Show proof of liability insurance for event host liquor liability and naming the City of Moab as an additional insured; and Page 235 of 353 T 7-2 Old Business 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 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 Ma ger. Serving of alcohol shall be limited to the hours of twelve p.m. ten a.m. until eight nine p.m. during the event. Areas designated for the serving of alcoholic beverages must be located at least one hundred feet away from designated playgrounds, the skate park, the Moab Recreation and Aquatic Centeii[44}, 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 M ger; 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. public events held at the Moab Arts and Recreation Center (MARC) may be approved by the by the city council City M ger. 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 Page 236 of 353 C 7-2 Old Business 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 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 I, 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. Page 237 of 353 T 7-2 Old Business 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. [45] �L. To be eligible for any license or permit pursuant to this chapter, an "event sponsor" shall subsection (D) of this section. M. No person shall allow or permit the serving of alcoholic beverages to any person under 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: 1. Special limitations as to hours of operation; 2. Limits on the occupancy or total numbers of guests; 3. Security requirements; Page 238 of 353 7-2 Old Business 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 O. Any City enforcement officer may enter the premises of any event permitted under this 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 § 3-444)1[46] } 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. ' For State of Utah Alcoholic Beverage Act, see U.C.A. Title 32B. Page 239 of 353 7-2 Old Business Chapter 5.21 REGULATING THE RETAIL SALE OF TOBACCO PRODUCTS Sections: 5.21.010 Tobacco product sales regulated. 5.21.010 Tobacco product sales regulated. The Ceity of Moab shawill regulate the retail sale of tobacco products in accordance with all applicable, enacted sections of Utah Code Annotated. (Ord. 14-03, 2014) Page 240 of 353 7-2 Old Business Sections: PAWNBROKERS; Chapter 5.32 5.32.010 Definitions. 5,-3-2 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 eCity who goes r 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. E. "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 .v=enders 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; or in connection with er [47]a branch or department of some other business. Page 241 of 353 7-2 Old 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 owned (secondhand goods), wares, merchandise, or articles, whether such business is the principal or sole business so 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 ) 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 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 bwrd, 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) A. It is unlawful for any secondhand dealer, junk dealer or junk collector within the city to fail, 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) Page 242 of 353 7-2 Old Business 5.32.020 Records to be kept--- Availability to peace officers. Pawnbrokers and secondhand dealers shall keep records containing a description of all articles received by them, the amounts paid therefor or advanced thereon, a general description of the person from whom received, together with his or her name and address and the date of the transaction. Such records shall at all reasonable times be accessible to any peace officer who demands an inspection thereof, and any further information regarding such transactions that the peace officer may require shall be given by pawnbrokers to the best of their ability. 5.32.040 .• Articles kept ---Term. No pawnbroker, or secondhand dealer, junk dealer or junk collector shall deface, alter, change, destroy, part with, conceal, give away, sell, or dispose of any goods, wares, merchandise, or article before and until one week after the dealer has acquired the article. making out and delivering to the chief of police the reports required in accordance with the provisions of this chapter. (Prior code § 18 4) 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, rdhan dealer- j„'- dealer. .,v "ee*er may be revoked by the City Council [48]for any violation of this chapter. (Prior code § 18 6) Page 243 of 353 7-2 Old Business Chapter 5.60 FRANCHISES Sections: 5.60.010 Application --Fee. 5.60.020 Assignability. 5.60.030 Forfeiture of rights upon unlawful assignment. 5.60.010 Application --Fee. Whenever applications shall be made to the Ceity Ceouncil 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 Rrccordcr, for the use of the Ccity Ccouncil, twelve pay into the city treasury a fee of twenty-five dollars. (Prior code § 2-6449] 5.60.020 Assignability. All franchises and grants of special privileges shall be nonassignable without the express permission of the—Ceity 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 of v the Ceity Rrecorder's[50] office before any such assignment or transfer will be recognized by the Ceity. (Prior code § 2 67) 5.60.030 Forfeiture of rights upon unlawful assignment. Any attempted assignment or transfer of a franchise or special privilege not made in accordance with the provisions of this chapter shall operate as a forfeiture of all the rights of the grantee therein given. (Prior code § 2 68) Page 244 of 353 7-2 Old Business Chapter 5.64 VENDOR, , 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 des: License revocation, grounds. 5.64.170 T ic-e se ne.,=.e ,ation 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: Page 245 of 353 7-2 Old Business 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. 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. GE. "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. I14. "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. Page 246 of 353 T 7-2 Old Business 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, distributing fliers, 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. K. "Transient Merchant/544 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. [52] 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; Page 247 of 353 7-2 Old Business 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 engages in business within the City limits for a specified period of time not to exceed twenty-nine days. 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 Nonfe..o•.,able renewable term of up to one to twelve months. O. "Vendor, private property" means a vendor 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 a vendor that 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 a vendor that travelsany 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. Page 248 of 353 7-2 Old Business i 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. C. The maximum time limit [amount of timel 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 license. (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 events special business event as defined by in 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/permit and Utah State sales tax requirements as specified in Chapter 5.09 Title 4. Page 249 of 353 7-2 Old Business 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). F[53]. Any exempted activity shall not reduce the number of parking spaces for the permanent 5.64.040 License fees. License : ees 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 shall be met by all vendors. and transient merchants. using display apparatus. 1. Codes compliance. Display apparatus, vehicles, and structures must meet all applicable [54]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 seeh display apparatus, vehicles, and structures are limited to commercial zones unless otherwise permitted by Moab city council the subsequent provisions of this Chapter. 2. Illegal Gcamping. 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 Rrecycling. Vendors and transient merchants are strongly encouraged to recycle. -Vendors and transient merchants shall provide their own refuse/recycling containers Page 250 of 353 C 7-2 Old Business 1 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 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 r,hall 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. Food vendors shall comply with all applicable requirements for the collection and disposal of grease. 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, Page 251 of 353 7-2 Old Business 1 1 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 7:00seven a.m. to 10:00ten 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 recorder Treasurer. 9. Noise Level. Noise levels shall comply with the requirements of Chapter 17.74.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 arca of the apparatus, structure, or vehicle.[55] 10. Animals. No live animals shall be attached or "hitched" to any vending vehicle, cart, stand, or display. Page 252 of 353 T 7-2 Old Business 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. 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 events special business event shall ask permission from the event and appear on the special event or special business event list of vendors. 144Zoningj[56]I[57] Compliance. No license shall be granted for a vendor or transient merchant unless allowed as a land use in the underlying zoneing 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. 16. Vehicles. All vehicles must be insured and registered with the Utah Department of Motor Vehicles.[58] 5.64.060 Specific operating standards. Page 253 of 353 7-2 Old Business 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. 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, and 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 high . 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. Page 254 of 353 7-2 Old Business 1 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. 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. 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 highin 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. C. Sidewalk Vendors. Sidewalk vendors using human -propelled carts or cycles, packs, baskets, or handheld displays shall follow the display apparatus standards listed below: Page 255 of 353 7-2 Old Business 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. 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. a. Sidewalk vendor carts shall not exceed the dimensions of three feet wide, by eight feet long, and by eight feet high. b. 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. c. 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. d. The device or cart shall not be motorized so as to move on its own power. Page 256 of 353 E 7-2 Old Business e. Hard casters for wheels are prohibited. D. Private Property Vendors, Display Apparatus. 1 [591. Location. All display apparatus shall be located on private property commercial zones. [621 4-2. StructuresNehicles/Display Apparatus. [601andl[611 in 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. 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. Page 257 of 353 E 7-2 Old Business 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 seven seats. h. Private property vendors must meet all applicable zoning, building, health,_ and fire codes for the intended use. 2. Location. All display apparatus shall be located on private property and in commercial E. Temporary Display --Permanent Business. -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 [63]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: 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. Page 258 of 353 7-2 Old Business d. All merchandise displays shall be removed at the end of each business day and stored indoors. c. Required parking spaces shall not be used for this activity. (Ord. 13 17 (part), 204-3) e. Any display or temporary structure shall not reduce the number of parking spaces for the permanent business and shall not obstruct ingress or egress to the business. f. Temporary displays at a permanent business must be approved by the Zzoning Aadministrator 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. la. 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.[64][65] [66]b. Umbrellas or canopies shall offer a minimum of seven feet of head room above the ground. lc- 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 area467} Page 259 of 353 7-2 Old Business 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 between 10:00 p.m. and 7:00 a.m.prior to 7:00 a.m or past the hour of 10:00ten 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; or 5. Yell, sing, er-call out, or play recorded audio to passersby to interest them in the merchandise of the vendor11s3 transient merchant, peddler,_ or solicitor. merchandise; 164681 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), 204-3) 5.64.080 Application. Page 260 of 353 7-2 Old Business i 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, transie * Fner-,,hant, peddler or solicitor. 2-NarniTzi e"s-uiidrccz., ci-vrcrecn�, ' c�rcrenczivm v-ddircr 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 vendors, transient merchant, peddler, or solicitor will operate. 4. Signed agreement with property owner 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 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 proof of insurance, 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. Page 261 of 353 C 7-2 Old Business 1 1 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. 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, during 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. Page 262 of 353 7-2 Old Business 1 1 1 10. All peddlers and solicitors, whether operating in commercial or residential zones, must provide a complete record bf the applicant [69]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 Z_zoning Aadministrator that the use is allowed in the zoneing district in which the applicant proposes to operate. (Not allowed under SB167. U.C.A.11 56 103.1.c.(ii). TC) 12. Proof of a Utah Sstate sales tax identification number 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. 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 swecial event or special business event, as defi oa by Ct,apte,. c nor m Tit -le n 156. Payment of the applicable license application fee, at the time of submittal of the application. Page 263 of 353 7-2 Old Business i 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. 149714711-the-perrnitteeTduring-any-time-efeperationTwishes-te-rnede-disparatias 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. B. The applicant must verify By signing the application, the applicant verifies 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. Page 264 of 353 7-2 Old Business 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. BE. If a license subject to the requirements of this chapter -expires and is not renewed within , 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 [72]will issue a Ieeal vendors, 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; 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) Page 265 of 353 7-2 Old Business 5.64.100 Modification of Iic-ense-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.: The fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this Chapter. 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; 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: a. 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; Page 266 of 353 7-2 Old Business 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 �I . 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: 473] b. 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: ia. 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 iib. Less than five (5) years have elapsed from the date of conviction if the offense is a felony; or 45. 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 56. A history of consumer complaints against the applicant establishing unfair or dishonest trade practices, sales of shoddy, defective, or dangerous goods, or the like. 67. 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. Page 267 of 353 7-2 Old Business 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: 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. Page 268 of 353 7-2 Old Business 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 theirits 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 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 Lieense--#evoeatien License revocation; f 741.---eGrounds. 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: Page 269 of 353 7-2 Old Business 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); or 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 7 ieen a Re.,,,eation 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 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., l 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. 5.64.1905r.0S:050[75] 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. Page 270 of 353 T 7-2 Old Business 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) Page 271 of 353 7-2 Old Business Chapter 5.67 SHORT-TERMNICHTLY 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 sStandard0761_ 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. Short-term r"Nightly Rental""edshoes t Page 272 of 353 7-2 Old Business 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-familyhousehold 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 [771consideration given in return for occupancy, possession or use of real property. 4. For purposes of this section, short-termnightly rentals shall include bed and breakfasts. 5.67.020 Licenses — Required. A. No person shall operate or engage in any short-termnightly rental activity within the City of Moab without first obtaining and maintaining a valid short-termnightly 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 short-termnightly rental must obtain a short-termnightly rental license. An owner may allow his or her agent to apply for and obtain the short-termnightly 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 [781short-termnightly rental properties[791 must obtain a separate license for each [801short-termnightlyl rental propertA811. Property managers and property management companies may not include multiple short-termnightly rental properties in one license. Page 273 of 353 T 7-2 Old Business D. If an owner of a {82]short-term{83] 'ghtly 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 short-termnightly rentals operating within the City limits Fees shall be based on the total number of bedrooms in each short-termnightly rental. 5.67.030 Application. A. The application for a short-termnightly rental license shall include all of the items outlined in Chapter 5.04.030. The Utah State sales tax ID number recorded must be obtained by and associated with the owner of the property being rented. [84] 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. la The applicant must provide plot plans and building or floor plans one -quarter inch to the foot showing the short-termnightly 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. [85] Page 274 of 353 7-2 Old Business 5.67.040 Renewal — Term. The license for a short-termilightly 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 short-termnightly 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 short-termilightly 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 short- termnightly rental property, whether owned by the named licensee or by another person or business entity. B. Upon the sale, conveyance, or transfer of a short-termilightly rental property, the new owner or transferee shall, within ten business days of completion of the conveyance or sale, apply for a new short-termilightly rental license, if he/she intends to operate a short-termilightly rental on the premises. 5.67.070 License revocation, grounds. A short-termilightly 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. Page 275 of 353 7-2 Old Business 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 short-termmightly 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.[86] 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 to the extent permitted by the Utah Code, or by civil action to enjoin or abate the violation. Such punishment 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. Chapter 5.70 STREET PERFORMERS [Repealed in its entirety and replaced with Chapter 4.204-2] Sections: 5.70.010 Definitions. 5.70.020 Rules and regulations. 5.70.030 Performance permit Application. 5.70.040 Permit Issuance. 5.70.050 Grounds for denial. 5.70.060 Permit Display. 5.70.070 Permit Non transferable. 5.70.080 Permit Fees. 5.707 '—Def3nitle For the purposes of this chapter: A. A "street performer" shall be defined as an individual or group who performs in a public area or a private outdoor area adjacent to a public street or sidewalk, for the purpose of providing public entertainment. Page 276 of 353 T 7-2 Old Business B. A "performance" shall be defined to include, but not be limited to, the following activities: playing music, singing, dancing, pantomiming, puppetteering, juggling, fire pi i g, reciting, etc. Performance does not include the provision of providing personal services. C. A "charge" shall be defined as requiring someone to pay a fee or to set, negotiate or establish a fee for a performance. Seeking voluntary contributions through passing around a hat, leaving an open instrument case or other receptacle, or soliciting donations after a performance is not defined as a charge. (Ord. 03 05 (part), 2003) 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 conductioning 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 ity official may disperse that portion of the crowd that is blocking or obstructing passage of the public. 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 rwsonably transport or remove at one time. G. No street performer shall perform in contravention to the allowable noise levels established by Municipal Code Chapter 17.71 all block or obstruct a curb cut. I. No street performer shall connect or maintain a cCity power source, except as part of an approved use of a public park. J. Street performers utilizing outdoor private property must obtain written permission from the property owner to engage in a performance. K. Any street performer meeting one or more of the following conditions shall obtain a performance permit as provided for in this chapter prior to engaging in a performance: Page 277 of 353 7-2 Old Business 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 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, h"ps, lassos, drones or other potentially dangerous objects or involves acrobatics, tumbling, unicycling, breakdancing, stilts, trampolines, pogosticks, karate, human pyramids, or other potentially dangerous activity. (Ord. 03 05 (part), 2003) A street performer requiring a permit must complete and file with the cCity a performance permit application on a form approved by the cCity. 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, r,tructures 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). (Ord. 03 05 (part), 2003) 5770ATv viv—Perm33az--Issuanee; Upon review of a performance permit under this chapter, the city council will determine if the application is satisfactory. The city council may consider the health, safety and welfare of the public and the performer(s) when determining if the application is satisfactory. The city council may place conditions on the issuance of the permit relative to the time, location and manner of the performance. After city council's approval, the city recorder will issue a performance permit showing the number of the permit, the date of issuance, the nature of the performance, the location(s) of the performance, the dates and time of the performance(s), and the name or names of the person(s) authorized to carry on same. (Ord. 03 05 (part), 2003) Page 278 of 353 T 7-2 Old Business 57707050r.,,.unds vrcareniar A performance permit may be denied if the proposed performance is deemed to be a significant threat to public health, safety and welfare. (Ord. 03 05 (part), 2003) The permit issued under this chapter shall be kept on or about the persons authorized to perform under the permit. (Ord. 03 05 (part), 2003) 5.7-n.n� v-v 0—P it-- vntr-Ans€Ciabie Any permit issued pursuant to this chapter is not transferable by the permittee. (Ord. 03 05 (part), 2003) 5.'n.n�Perii--Fees All street performers requiring a permit under this chapter shall pay a street performcrance permit fee as established by resolution of the Moab City Council. (Ord. 03 05 (part), 2003) Page 279 of 353 7-2 Old Business 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, Renewal, Denial. 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 commercial uses that may 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, IR-11[87], R-2, R-3, R-4 and MH/RV-1 zones. Page 280 of 353 7-2 Old Business 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; 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. 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. 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-4808900] 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. C. The license is not transferable to any individual or company other than the licensee. D. 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. E. Businesses that conduct off -site sales (e.g., processing orders by mail, telephone or intern& through a home office) must apply for a home occupation license as established in this section. Page 281 of 353 7-2 Old Business &647030[91] 5.80.030 Application, Renewal, Denial. 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 permission1[92] 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 cessat ,,,, efthe use efthe 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. DF. 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. Page 282 of 353 7-2 Old Business 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. EH. 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. FI. Grounds for denial. The home occupation license may be denied for any of the grounds listed in Chapter 5.04.040 or Chapter 17.09.540 An applicant denied a business license shall be given written notice of the action by the City Treasurer. GI 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[93]. 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; Page 283 of 353 7-2 Old Business 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 94]. Any business that is required to have a fire inspection due to possible hazardous storage or activities; 5.[951 Any home or property that requires any modification requiring a building permit to accommodate the business operations; 6.[96] 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. [97] 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 following standards and qualifications: 1. Code Compliance. 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. Page 284 of 353 E 7-2 Old Business 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. Customers and clients. 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. Noise. 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. Equipment and explosives. A home occupation shall not involve the visible storage of equipment or materials, or the presence of highly explosive or combustible equipment. 10. Employees. 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 ap rl i 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. Page 285 of 353 T 7-2 Old Business 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. [98] 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. 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; Page 286 of 353 T 7-2 Old Business 6. Kennel or veterinary clinic; 7. Medical or health clinic; 8. Mortuary, crematorium, columbarium, or mausoleum; 9. Nursing home:091000] 10. Restaurant; 11. Retail sales of products to the public (except for off -site sales (e.g., processing orders by mail, telephone or intern& through a home office, where there is no stock -in -trade on the site),. 12. Sexually oriented businesses or adult entertainment activities; 13. Welding, ironworks, or machine shop operations; 14. Any uses which employ machinery or equipment that emits sound (e.g. saws, drills, musical instruments) that is detectable beyond the property; 15. Any uses which require explosives or highly combustible or toxic materials, or uses which change the fire safety of the premises, or uses which employ the storage of flammable, explosive, chemical, or hazardous materials beyond those normally associated with a residential use; 16. Any uses which create electrical, magnetic, radio, or television interference, dust, fumes, gas, glare, excess light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances as determined by the City Manager; 17. Any other uses the City Manager determines to be similar to those listed above, or which substantially and unreasonably interfere with the use and enjoyment of adjacent or nearby property or interferes with public peace and comfort.[101] 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's Code Compliance Officer, 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. Page 287 of 353 7-2 Old Business 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. C4-. Enforcement. 1. Prior to instituting any 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 to the extent permitted by the Utah Code. 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. Page 288 of 353 7-2 Old Business 6. Exhaustion of administrative remedies shall be a jurisdictional prerequisite to seeking judicial review. D. All home occupations must meet the requirements of Scction 17.09.540, Home occupations. (Ord. 16 05 (part), 2016: Ord. 14 02 § 1, 2014; Ord. 08 07 (part), 2008) need to repeal 17.09.540 Page 289 of 353 7-2 Old Business Page 290 of 353 7-2 Old Business Moab City Council Agenda Item Meeting Date: September 25, 2018 #: 8-1 Title: Award to Harrison Field Services for Construction of Mill Creek Drive West Extension Project and Approval of a Contract in the amount of $1,935,078.44. Date Submitted: September 18, 2018. Staff Presenter: Chuck Williams, City Engineer. Attachment(s): Construction Contract, Engineer's Recommendation for Award of Bid, Bid Tabulation, Bidder Document Review, Notice of Intent to Award Options: Approve, deny or modify. Recommended Motion: I move to award a Contract to Harrison Field Services for Construction of the Mill Creek Drive West Extension and approval of contract in the amount of $1,935,078.44 subject to completion of the CIB Bond transaction. Background/Summary: The purpose of this project is to construct a new road, shared -use path, stormwater facilities, sanitary sewer, culinary water, and landscaping to the Mill Creek Drive west extension (which is platted and will be signed as Rimrock Road). The road will serve as a main access to the future Utah State University (USU) campus and appurtenant SITLA housing development. This road and utility project will be partially funded by a Community Impact Board (CIB) grant and loan. Harrison Field Services (Harrison) submitted the lowest bid out of nine total bidders. Our design engineering consultant Civil Science Infrastructure, Inc. contacted Harrison's references and received satisfactory feedback regarding their competence and reliability. City engineering staff and consultants consider Harrison's bid fair, reasonable, and adequate and recommend award to Harrison. Due to the CIB office needing to see the notice of award prior to Bond completion the recommended motion is structured to account for this requirement. The Contractor has been informed of this and is amenable to this Page 291 of 353 8-1 New Business process. Based on discussion with Bond Counsel we expect completion of the Bond transaction the week of October 8th. Page 292 of 353 8-1 New Business 1453 S. Dixie Drive, Suite 150 St. George, UT 84770 Office: (435) 986-0100 Fax: (435) 986-4046 September 18, 2018 Chuck Williams City Engineer City of Moab 217 E. Center St. Moab, UT 84532 RE: Engineer's Recommendation for Award of Bid City of Moab— Mill Creek Drive West Extension Dear Chuck, After reviewing the Bids received on September 11, 2018, for the City of Moab — Mill Creek Drive West Extension (Project), it was determined that Harrison Field Services (HFS) was the low responsible, responsive Bidder for the Project per the Instructions to Bidders. We therefore recommend award of the contract to HFS in the amount of $1,935,078.44. I have attached the bid tabulation, an evaluation of the Bidder's Documents, and a Notice of Intent to Award as outlined in the Bidding Documents for the Project. If the City chooses to accept our recommendation, please execute a copy of the Notice of Intent to Award and return an electronic copy to me. We'll then forward them to HFS for acknowledgment and begin the process of securing and verifying Performance and Payment Bonds, Certificates of Insurance, and Certificates of Power of Attorney. Please let me know if you have any questions or concerns. Respectfully, Cody . Howick, P.E. Project Manager Civil Science 8-1 New Business Lehi, UT • St. George, UT • Twin Falls, ID • Dicgrign2,918f 3:3 Williston, ND • Wooster, OH MOAB CITY MILL CREEK DRIVE WEST EXTENSION Bid Opening Date: September 11, 2018 @ 3:00 pm BID TABULATION CNIL SCIENCE SCTFNCF. INFRASTRUCTURE, INC. 1453 5. Dixie Drive, Suite 150 St. George, UT 84170 Offlce: (435) 486-0100 ITEM NO. ITEM DESCRIPTION QTY UNIT KNIFE RIVER CORPORATION - MOUNTAIN WEST UNIT COST AMOUNT UNIT COST AMOUNT UNIT COST AMOUNT UNIT COST AMOUNT UNIT COST AMOUNT UNIT COST AMOUNT UNIT COST AMOUNT UNIT COST AMOUNT ENGINEER ESTIMATE HARRISON FIELD SERVICES LEGRANDJOHNSON NELCO INC NIELSON CONSTRUCTION LANCE EXCAVATING INC HARWARD AND REES SKYVIEW EXCAVATION & GRADING INC UNIT COST AMOUNT STAPP CONSTUCTION INC UNIT COST AMOUNT 1 MOBILIZATION & DEMOBILIZATION 2 PROJECT SIGN & RECORD DOCUMENTS 3 TRAFFIC CONTROL 4 TEMPORARY CONTROLS 5 QUALITY CONTROL & TESTING 6 CONSTRUCTION LAYOUT & STAKING 7 SITE CLEARING 8 PAVEMENT REMOVAL 9 ROADWAY EXCAVATION (PLAN QUANTITY) 10 24" HDPE STORM DRAIN PIPE 11 30" HDPE STORM DRAIN PIPE 12 42" HDPE STORM DRAIN PIPE 13 24" PIPE OUTFALL 14 30" PIPE OUTFALL 15 42" PIPE OUTFALL 16 OUTLET ORIFICE STRUCTURE 17 3' X 3' PRECAST BOX W/GRATE 18 4' X 4' PRECAST BOX W/GRATE 19 6' X 10' PRECAST BOX 20 10" PVC C900 WATER PIPE 21 10" GATE VALVE ASSEMBLY 22 MISC. WATER FITTINGS, RESTRAINTS, PIPING 23 FIRE HYDRANT ASSEMBLY 24 10" PRV STATION 25 48" SANITARY SEWER MANHOLE 26 10" PVC SDR35 PVC SEWER PIPE 27 8" PVC SDR 35 SEWER PIPE 28 GRANULAR BORROW (PLAN QUANTITY) 29 UNTREATED BASE COURSE (PLAN QUANTITY; 30 PLANT -MIX BITUMINOUS PAVING 31 SHARED USE 4" CONCRETE TRAIL 32 2' CONCRETE FLAT CURB 33 DETECTABLE WARNING SURFACE 34 LOOSE -PLACED RIPRAP 35 SIGN ASSEMBLY 36 SIGN POST & BASE 37 PAVEMENT MARKING PAINT 38 PAVEMENT MESSAGE 39 6" PVC CONDUIT RACEWAY 40 3" PVC CONDUIT RACEWAY 41 2" PVC CONDUIT RACEWAY 42 COMMERCIAL METER PEDESTAL 43 STREET LIGHTING, CONDUCTOR & TIE-INS 44 STREET POLE & FIXTURE 45 TRAIL LIGHTING, CONDUCTOR & TIE-INS 46 TRAIL LIGHT BOLLARD & FIXTURE 47 IRRIGATION SYSTEM 48 ROCK MULCH TYPE 1 (PLAN QUANTITY) 49 ROCK MULCH TYPE 2 (PLAN QUANTITY) 50 2-5' D U 51 LA 52 53 54 55 Z 'EE ! OIDArQuCTJTY) HOWICK 9/14/18 No.8159105 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 8 AC 90 SY 29,000 CY 503 LF 342 LF 163 LF 3 EA 3 EA 2 EA 1 EA 4 EA 2 EA 1 EA 2,130 LF 6 EA 1 LS 4 EA 1 EA 8 EA 1,924 LF 154 LF 2,314 CY 2,780 CY 1,660 TON 2,103 SY 3,930 LF 3 EA 200 CY 19 EA 13 EA 1 LS 26 EA 2,175 LF 2,060 LF 2,260 LF 1 EA 2,150 LF 4 EA 2,180 LF 19 EA 1 LS 87 CY 230 CY 479 EA 22 EA 388 EA 653 EA 6 EA 5.8 AC $ 157,800.00 $ 157,800.00 $ 29,322.00 $ 29,322.00 $ 67,000.00 $ $ 2,500.00 $ 2,500.00 $ 3,000.00 $ 3,000.00 $ 990.00 $ $ 7,500.00 $ 7,500.00 $ 4,000.00 $ 4,000.00 $ 3,500.00 $ $ 20,000.00 $ 20,000.00 $ 15,720.00 $ 15,720.00 $ 5,100.00 $ $ 25,000.00 $ 25,000.00 $ 41,630.00 $ 41,630.00 $ 27,000.00 $ $ 25,000.00 $ 25,000.00 $ 51,635.00 $ 51,635.00 $ 9,100.00 $ $ 4,000.00 $ 31,200.00 $ 3,893.00 $ 30,365.40 $ 1,500.00 $ $ 25.00 $ 2,250.00 $ 23.30 $ 2,097.00 $ 7.20 $ $ 20.00 $ 580,000.00 $ 8.85 $ 256,650.00 $ 12.60 $ $ 28.00 $ 14,084.00 $ 79.00 $ 39,737.00 $ 46.60 $ $ 34.00 $ 11,628.00 $ 91.50 $ 31,293.00 $ 57.75 $ $ 42.00 $ 6,846.00 $ 131.00 $ 21,353.00 $ 96.25 $ $ 1,000.00 $ 3,000.00 $ 950.00 $ 2,850.00 $ 405.25 $ $ 1,500.00 $ 4,500.00 $ 1,264.00 $ 3,792.00 $ 557.00 $ $ 1,750.00 $ 3,500.00 $ 1,924.00 $ 3,848.00 $ 1,216.00 $ $ 6,000.00 $ 6,000.00 $ 5,429.00 $ 5,429.00 $ 6,280.00 $ $ 1,750.00 $ 7,000.00 $ 3,561.00 $ 14,244.00 $ 4,040.00 $ $ 2,300.00 $ 4,600.00 $ 4,908.00 $ 9,816.00 $ 5,521.50 $ $ 4,500.00 $ 4,500.00 $ 17,252.00 $ 17,252.00 $ 22,800.00 $ $ 40.00 $ 85,200.00 $ 49.75 $ 105,967.50 $ 34.45 $ $ 2,500.00 $ 15,000.00 $ 2,296.00 $ 13,776.00 $ 4,270.30 $ $ 15,000.00 $ 15,000.00 $ 14,005.00 $ 14,005.00 $ 21,275.50 $ $ 5,000.00 $ 20,000.00 $ 7,308.00 $ 29,232.00 $ 6,350.00 $ $ 30,000.00 $ 30,000.00 $ 28,232.00 $ 28,232.00 $ 40,000.00 $ $ 3,200.00 $ 25,600.00 $ 4,614.00 $ 36,912.00 $ 4,100.00 $ $ 58.00 $ 111,592.00 $ 56.91 $ 109,494.84 $ 29.00 $ $ 50.00 $ 7,700.00 $ 52.00 $ 8,008.00 $ 32.50 $ $ 29.00 $ 67,106.00 $ 32.70 $ 75,667.80 $ 30.00 $ $ 38.00 $ 105,640.00 $ 36.91 $ 102,609.80 $ 31.00 $ $ 93.00 $ 154,380.00 $ 115.70 $ 192,062.00 $ 99.80 $ $ 35.00 $ 73,605.00 $ 47.80 $ 100,523.40 $ 64.00 $ $ 10.00 $ 39,300.00 $ 14.00 $ 55,020.00 $ 23.50 $ $ 375.00 $ 1,125.00 $ 550.00 $ 1,650.00 $ 506.00 $ $ 55.00 $ 11,000.00 $ 55.85 $ 11,170.00 $ 57.50 $ $ 300.00 $ 5,700.00 $ 250.00 $ 4,750.00 $ 65.85 $ $ 150.00 $ 1,950.00 $ 177.00 $ 2,301.00 $ 157.00 $ $ 2,500.00 $ 2,500.00 $ 5,185.00 $ 5,185.00 $ 4,800.00 $ $ 150.00 $ 3,900.00 $ 92.00 $ 2,392.00 $ 56.00 $ $ 8.00 $ 17,400.00 $ 20.20 $ 43,935.00 $ 15.95 $ $ 6.00 $ 12,360.00 $ 13.85 $ 28,531.00 $ 10.30 $ $ 4.00 $ 9,040.00 $ 16.15 $ 36,499.00 $ 12.35 $ $ 4,000.00 $ 4,000.00 $ 4,715.00 $ 4,715.00 $ 4,200.00 $ $ 10.00 $ 21,500.00 $ 12.55 $ 26,982.50 $ 18.75 $ $ 7,500.00 $ 30,000.00 $ 8,815.00 $ 35,260.00 $ 8,850.00 $ $ 10.00 $ 21,800.00 $ 7.74 $ 16,873.20 $ 14.40 $ $ 2,000.00 $ 38,000.00 $ 1,724.00 $ 32,756.00 $ 1,460.00 $ $ 28,000.00 $ 28,000.00 $ 48,372.00 $ 48,372.00 $ 58,950.00 $ $ 75.00 $ 6,525.00 $ 220.00 $ 19,140.00 $ 213.00 $ $ 75.00 $ 17,250.00 $ 149.90 $ 34,477.00 $ 365.00 $ $ 60.00 $ 28,740.00 $ 88.00 $ 42,152.00 $ 145.00 $ $ 500.00 $ 11,000.00 $ 748.00 $ 16,456.00 $ 335.00 $ $ 15.00 $ 5,820.00 $ 19.00 $ 7,372.00 $ 12.50 $ $ 25.00 $ 16,325.00 $ 42.00 $ 27,426.00 $ 34.50 $ $ 400.00 $ 2,400.00 $ 550.00 $ 3,300.00 $ 380.00 $ $ 2,500.00 $ 14,500.00 $ 4,800.00 $ 27,840.00 $ TOTAL $1,977,866.00 TOTAL $1,935,078.44 67,000.00 $ 145,500.00 990.00 $ 3,160.00 3,500.00 $ 14,350.00 5,100.00 $ 14,200.00 27,000.00 $ 29,500.00 9,100.00 $ 7,700.00 11,700.00 $ 2,550.00 648.00 $ 28.00 365,400.00 $ 7.45 23,439.80 $ 69.00 19,750.50 $ 84.00 15,688.75 $ 120.00 1,215.75 $ 1,140.00 1,671.00 $ 1,310.00 2,432.00 $ 1,620.00 6,280.00 $ 5,940.00 16,160.00 $ 4,260.00 11,043.00 $ 3,390.00 22,800.00 $ 10,100.00 73,378.50 $ 35.50 25,621.80 $ 2,650.00 21,275.50 $ 12,950.00 25,400.00 $ 5,250.00 40,000.00 $ 36,350.00 32,800.00 $ 4,980.00 55,796.00 $ 51.00 5,005.00 $ 53.50 69,420.00 $ 34.00 86,180.00 $ 42.00 165,668.00 $ 110.00 134,592.00 $ 61.00 92,355.00 $ 23.50 1,518.00 $ 555.00 11,500.00 $ 130.00 1,251.15 $ 72.00 2,041.00 $ 170.00 4,800.00 $ 5,250.00 1,456.00 $ 61.00 34,691.25 $ 14.00 21,218.00 $ 9.65 27,911.00 $ 8.30 4,200.00 $ 5,600.00 40,312.50 $ 7.35 35,400.00 $ 9,040.00 31,392.00 $ 7.35 27,740.00 $ 1,240.00 58,950.00 $ 64,300.00 18,531.00 $ 230.00 83,950.00 $ 400.00 69,455.00 $ 98.50 7,370.00 $ 365.00 4,850.00 $ 13.50 22,528.50 $ 37.50 2,280.00 $ 415.00 5,100.00 $ 29,580.00 $ 5,550.00 TOTAL $1,981,336.00 TOTAL S S S S S S S S S S S S S $1,993,245.50 145,500.00 3,160.00 14,350.00 14,200.00 29,500.00 7,700.00 19,890.00 2,520.00 216,050.00 34,707.00 28,728.00 19,560.00 3,420.00 3,930.00 3,240.00 5,940.00 17,040.00 6,780.00 10,100.00 75,615.00 15,900.00 12,950.00 21,000.00 36,350.00 39,840.00 98,124.00 8,239.00 78,676.00 116,760.00 182,600.00 128,283.00 92,355.00 1,665.00 26,000.00 1,368.00 2,210.00 5,250.00 1,586.00 30,450.00 19,879.00 18,758.00 5,600.00 15,802.50 36,160.00 16,023.00 23,560.00 64,300.00 20,010.00 92,000.00 47,181.50 8,030.00 5,238.00 24,487.50 2,490.00 32,190.00 $ 200,000.00 $ 200,000.00 $ 134,388.80 $ 134,388.80 $ 157,100.00 $ 157,100.00 $ 186,000.00 $ 5,000.00 $ 5,000.00 $ 5,580.00 $ 5,580.00 $ 5,000.00 $ 5,000.00 $ 3,000.00 $ 15,000.00 $ 15,000.00 $ 56,515.00 $ 56,515.00 $ 13,300.00 $ 13,300.00 $ 15,000.00 $ 68,600.00 $ 68,600.00 $ 74,750.00 $ 74,750.00 $ 8,000.00 $ 8,000.00 $ 25,000.00 $ 8,674.00 $ 8,674.00 $ 38,381.00 $ 38,381.00 $ 30,000.00 $ 30,000.00 $ 45,000.00 $ 40,160.00 $ 40,160.00 $ 16,500.00 $ 16,500.00 $ 18,000.00 $ 18,000.00 $ 15,000.00 $ 6,861.00 $ 53,515.80 $ 2,852.00 $ 22,245.60 $ 2,500.00 $ 19,500.00 $ 4,000.00 $ 26.80 $ 2,412.00 $ 18.75 $ 1,687.50 $ 9.00 $ 810.00 $ 35.00 $ 5.45 $ 158,050.00 $ 13.55 $ 392,950.00 $ 12.00 $ 348,000.00 $ 5.50 $ 62.75 $ 31,563.25 $ 47.05 $ 23,666.15 $ 42.00 $ 21,126.00 $ 80.00 $ 76.30 $ 26,094.60 $ 58.90 $ 20,143.80 $ 60.00 $ 20,520.00 $ 95.00 $ 111.40 $ 18,158.20 $ 82.62 $ 13,467.06 $ 85.00 $ 13,855.00 $ 140.00 $ 1,181.00 $ 3,543.00 $ 670.00 $ 2,010.00 $ 2,825.00 $ 8,475.00 $ 2,000.00 $ 1,336.00 $ 4,008.00 $ 800.00 $ 2,400.00 $ 3,296.00 $ 9,888.00 $ 2,200.00 $ 2,159.00 $ 4,318.00 $ 1,200.00 $ 2,400.00 $ 4,300.00 $ 8,600.00 $ 3,000.00 $ 5,020.00 $ 5,020.00 $ 5,500.00 $ 5,500.00 $ 8,200.00 $ 8,200.00 $ 6,000.00 $ 4,076.00 $ 16,304.00 $ 4,280.00 $ 17,120.00 $ 3,450.00 $ 13,800.00 $ 4,500.00 $ 5,431.00 $ 10,862.00 $ 5,882.00 $ 11,764.00 $ 5,300.00 $ 10,600.00 $ 6,200.00 $ 13,270.00 $ 13,270.00 $ 14,242.00 $ 14,242.00 $ 15,750.00 $ 15,750.00 $ 15,000.00 $ 36.15 $ 76,999.50 $ 28.00 $ 59,640.00 $ 23.30 $ 49,629.00 $ 47.00 $ 2,384.00 $ 14,304.00 $ 2,750.50 $ 16,503.00 $ 2,500.00 $ 15,000.00 $ 3,100.00 $ 17,045.00 $ 17,045.00 $ 19,207.00 $ 19,207.00 $ 17,000.00 $ 17,000.00 $ 15,000.00 $ 6,170.00 $ 24,680.00 $ 5,415.00 $ 21,660.00 $ 4,615.00 $ 18,460.00 $ 7,000.00 $ 56,320.00 $ 56,320.00 $ 53,858.00 $ 53,858.00 $ 48,500.00 $ 48,500.00 $ 50,000.00 $ 5,930.00 $ 47,440.00 $ 5,258.00 $ 42,064.00 $ 5,608.00 $ 44,864.00 $ 8,200.00 $ 38.45 $ 73,977.80 $ 30.30 $ 58,297.20 $ 37.00 $ 71,188.00 $ 100.00 $ 39.80 $ 6,129.20 $ 28.00 $ 4,312.00 $ 35.00 $ 5,390.00 $ 100.00 $ 33.60 $ 77,750.40 $ 33.00 $ 76,362.00 $ 30.00 $ 69,420.00 $ 30.00 $ 36.15 $ 100,497.00 $ 35.00 $ 97,300.00 $ 40.00 $ 111,200.00 $ 42.00 $ 91.00 $ 151,060.00 $ 104.80 $ 173,968.00 $ 110.00 $ 182,600.00 $ 115.00 $ 62.85 $ 132,173.55 $ 56.00 $ 117,768.00 $ 55.00 $ 115,665.00 $ 52.00 $ 23.60 $ 92,748.00 $ 33.00 $ 129,690.00 $ 35.00 $ 137,550.00 $ 18.00 $ 561.60 $ 1,684.80 $ 2,200.00 $ 6,600.00 $ 500.00 $ 1,500.00 $ 650.00 $ 113.00 $ 22,600.00 $ 31.00 $ 6,200.00 $ 100.00 $ 20,000.00 $ 60.00 $ 165.90 $ 3,152.10 $ 300.00 $ 5,700.00 $ 90.00 $ 1,710.00 $ 180.00 $ 162.30 $ 2,109.90 $ 300.00 $ 3,900.00 $ 175.00 $ 2,275.00 $ 180.00 $ 7,300.00 $ 7,300.00 $ 5,000.00 $ 5,000.00 $ 6,000.00 $ 6,000.00 $ 11,000.00 $ 84.25 $ 2,190.50 $ 86.00 $ 2,236.00 $ 80.00 $ 2,080.00 $ 260.00 $ 17.55 $ 38,171.25 $ 17.24 $ 37,497.00 $ 17.60 $ 38,280.00 $ 17.00 $ 11.80 $ 24,308.00 $ 13.42 $ 27,645.20 $ 11.45 $ 23,587.00 $ 10.00 $ 9.00 $ 20,340.00 $ 15.00 $ 33,900.00 $ 13.65 $ 30,849.00 $ 13.00 $ 3,931.00 $ 3,931.00 $ 5,715.00 $ 5,715.00 $ 5,500.00 $ 5,500.00 $ 5,000.00 $ 7.75 $ 16,662.50 $ 12.56 $ 27,004.00 $ 12.70 $ 27,305.00 $ 14.00 $ 7,884.00 $ 31,536.00 $ 10,225.00 $ 40,900.00 $ 9,350.00 $ 37,400.00 $ 10,500.00 $ 7.30 $ 15,914.00 $ 7.75 $ 16,895.00 $ 7.45 $ 16,241.00 $ 8.50 $ 1,685.00 $ 32,015.00 $ 1,658.00 $ 31,502.00 $ 2,050.00 $ 38,950.00 $ 1,850.00 $ 65,365.00 $ 65,365.00 $ 61,110.00 $ 61,110.00 $ 65,000.00 $ 65,000.00 $ 80,000.00 $ 112.00 $ 9,744.00 $ 115.00 $ 10,005.00 $ 255.00 $ 22,185.00 $ 250.00 $ 92.80 $ 21,344.00 $ 90.00 $ 20,700.00 $ 400.00 $ 92,000.00 $ 420.00 $ 126.50 $ 60,593.50 $ 75.00 $ 35,925.00 $ 110.00 $ 52,690.00 $ 105.00 $ 821.10 $ 18,064.20 $ 260.00 $ 5,720.00 $ 335.00 $ 7,370.00 $ 380.00 $ 13.50 $ 5,238.00 $ 12.60 $ 4,888.80 $ 28.00 $ 10,864.00 $ 14.00 $ 38.20 $ 24,944.60 $ 35.70 $ 23,312.10 $ 50.00 $ 32,650.00 $ 39.00 $ 421.20 $ 2,527.20 $ 400.00 $ 2,400.00 $ 550.00 $ 3,300.00 $ 450.00 $ 5,645.00 $ 32,741.00 $ 5,300.00 $ 30,740.00 $ 5,800.00 $ 33,640.00 $ 5,800.00 TOTAL $ 2,018,153.85 TOTAL $ 2,171,835.21 TOTAL $ 2,188,366.00 TOTAL Pa9,s49,1109f1353 S S S S S S S S S S S S S S $ $ 2,270,135.00 186,000.00 3,000.00 15,000.00 25,000.00 45,000.00 15,000.00 31,200.00 3,150.00 159,500.00 40,240.00 32,490.00 22,820.00 6,000.00 6,600.00 6,000.00 6,000.00 18,000.00 12,400.00 15,000.00 100,110.00 18,600.00 15,000.00 28,000.00 50,000.00 65,600.00 192,400.00 15,400.00 69,420.00 116,760.00 190,900.00 109,356.00 70,740.00 1,950.00 12,000.00 3,420.00 2,340.00 11,000.00 6,760.00 36,975.00 20,600.00 29,380.00 5,000.00 30,100.00 42,000.00 18,530.00 35,150.00 80,000.00 21,750.00 96,600.00 50,295.00 8,360.00 5,432.00 25,467.00 2,700.00 33,640.00 155,000.00 3,000.00 10,000.00 35,000.00 28,000.00 10,000.00 1,000.00 15.00 10.00 58.00 65.00 110.00 700.00 850.00 1,650.00 4,500.00 2,800.00 3,200.00 20,000.00 51.00 2,600.00 20,000.00 5,200.00 26,000.00 4,000.00 98.00 82.00 28.00 34.00 101.00 65.00 26.00 800.00 100.00 200.00 200.00 8,000.00 100.00 18.00 16.00 12.00 5,200.00 15.00 12,000.00 9.00 1,850.00 68,000.00 265.00 235.00 200.00 1,100.00 45.00 70.00 850.00 3,800.00 TOTAL S S S S S S S S S S S S S S S $ $ $ 2,283,856.00 155,000.00 3,000.00 10,000.00 35,000.00 28,000.00 10,000.00 7,800.00 1,350.00 290,000.00 29,174.00 22,230.00 17,930.00 2,100.00 2,550.00 3,300.00 4,500.00 11,200.00 6,400.00 20,000.00 108,630.00 15,600.00 20,000.00 20,800.00 26,000.00 32,000.00 188,552.00 12,628.00 64,792.00 94,520.00 167,660.00 136,695.00 102,180.00 2,400.00 20,000.00 3,800.00 2,600.00 8,000.00 2,600.00 39,150.00 32,960.00 27,120.00 5,200.00 32,250.00 48,000.00 19,620.00 35,150.00 68,000.00 23,055.00 54,050.00 95,800.00 24,200.00 17,460.00 45,710.00 5,100.00 22,040.00 $ 195,000.00 $ 2,400.00 $ 5,400.00 $ 5,900.00 $ 37,200.00 $ 10,300.00 $ 13,600.00 $ 37.00 $ 5.50 $ 81.00 $ 91.00 $ 142.00 $ 1,550.00 $ 1,900.00 $ 3,000.00 $ 10,800.00 $ 5,500.00 $ 6,000.00 $ 14,200.00 $ 57.00 $ 2,800.00 $ 14,200.00 $ 6,600.00 $ 46,800.00 $ 3,000.00 $ 52.00 $ 68.00 $ 45.00 $ 52.00 $ 119.00 $ 55.00 $ 25.00 $ 1,900.00 $ 177.00 $ 260.00 $ 170.00 $ 13,000.00 $ 86.00 $ 15.00 $ 9.00 $ 11.00 $ 4,700.00 $ 13.00 $ 9,600.00 $ 8.00 $ 2,700.00 $ 86,000.00 $ 242.00 $ 415.00 $ 103.00 $ 380.00 $ 14.00 $ 39.00 $ 432.00 $ 5,790.00 TOTAL 195,000.00 2,400.00 5,400.00 5,900.00 37,200.00 10,300.00 106,080.00 3,330.00 159,500.00 40,743.00 31,122.00 23,146.00 4,650.00 5,700.00 6,000.00 10,800.00 22,000.00 12,000.00 14,200.00 121,410.00 16,800.00 14,200.00 26,400.00 46,800.00 24,000.00 100,048.00 10,472.00 104,130.00 144,560.00 197,540.00 115,665.00 98,250.00 5,700.00 35,400.00 4,940.00 2,210.00 13,000.00 2,236.00 32,625.00 18,540.00 24,860.00 4,700.00 27,950.00 38,400.00 17,440.00 51,300.00 86,000.00 21,054.00 95,450.00 49,337.00 8,360.00 5,432.00 25,467.00 2,592.00 33,582.00 In accordance with the Instructions to Bidders & Bid Schedule: figures in red were adjusted according to the unit price and totals were revised to reflect corrections. 8-1 New Business MOAB CITY MILL CREEK DRIVE WEST EXTENSION Bid Opening Date: September 11, 2018 @ 3:00 pm BIDDER DOCUMENT REVIEW CIENCE INFRASTRUCTURE, INC. 1453 S. Dixie Drive, Suite 150 St. George, UT 84770 Office: (435) 986-0100 ITEM DESCRIPTION Bid Form & Addenda Bid Bond Bidder's General Information Contractor License WIP Limit List of Projects that meet requirements: 1) Completed, 2) Last 5 Years, 3) Similar Type, 4) Similar Complexity List of Prospective Subcontractors List of Suppliers Harrison Submitted X X X X X X X X Comment Addendum No.1, No.2 & No.3 are acknowledged Westfield Insurance Company E100 Limit: $6,000,000 Status: $700,000 See Attached List List of Prospective Subcontractors is included List of Suppliers is included Le Grand Johnson Submitted X X X X X X X X Comment Addendum No.1, No.2 & No.3 are acknowledged Liberty Mutal Insurance Company E100 Limit: UNLIMITED Status: UNLIMITED 1) Arches Road & Overlook Roads 2) UDOT US-191; South Moab to Blue Hill List of Prospective Subcontractors is included List of Suppliers is included Nelco Submitted X X X X X X X X Comment Addendum No.1, No.2 & No.3 are acknowledged The Guarantee Company of North America USA Contractor has current status of WIP of $5,500,000 B100, E100, S310, S390 Limit: $9,000,000 Status: $5,500,000 See Attached List List of Prospective Subcontractors is included List of Suppliers is included Page 295 of 353 Harrison Complete Last five years Type Complexity Le Grand Complete Last five years Type Complexity SAGE CREEK X X NEBO LOOP (2018) X X X UT FLAP X X MOAB WRF SITE PREP X X X SAN JUAN BUS ROUTE(2017) X X X BURIED HATCHET X X X LIONS PARK (2011) X CANYON COUNTRY (2017) X X X DANISH FLATS POND X X NATURITA X X X X X ARCHES X X UDOT US-191 X X UDOT SR-46 X X X X Nelco Complete Last five years Type Complexity PRICE CITY X X CVSSD X X X GENEVA ROAD 7 X KENILWORTH Page 296 of 353 NOTICE OF INTENT TO AWARD To: Harrison Field Services P.O. Box 1087 Moab, Utah 84532 Project: Mill Creek Drive West Extension The OWNER has considered the Bid submitted by you for the above described Work in response to its Advertisement for Bids called: Mill Creek Drive West Extension You are hereby notified that your Bid has been accepted for items in the amount of: $1,935,078.44 You are required to return an acknowledged copy of this Notice of Intent to Award to the OWNER. Dated this day of , 20_ OWNER: City of Moab By: Title: ACCEPTANCE OF AWARD Receipt of the above Notice of Intent to Award is hereby acknowledged on this day of , 20_ By: Title: City of Moab Mill Creek Drive West Extension Page 297 of 353 Civil Science, Inc. Page 21 8-1 New Business CONSTRUCTION CONTRACT (Contractor Payment Bond and Performance Bond) This CONTRACT is made and entered into this day of , 2018, by and between CITY OF MOAB of Moab, Utah, a Municipal Corporation in the County of Grand, State of Utah, in the Contract Documents referred to as the "City," and Harrison Field Services herein referred to as the "Contractor". RECITALS WHEREAS, the City advertised that sealed Bids would be received for furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for the Project described by the Contract Documents and known as Mill Creek Drive West Extension ; and WHEREAS, the Contract has been awarded to the above named Contractor by the City, and said Contractor is now ready and able to perform the work specified in the Notice of Award, in accordance with the Contract Documents. NOW, THEREFORE, in consideration of the mutual promises and performances stated herein, the sufficiency of which all parties acknowledge, it is agreed as follows: ARTICLE 1 Contract Documents. It is agreed by the parties that the following list of instruments, drawings, and documents which are attached and incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract, and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties: a. Bid specifications for the Project; b. Official design prints and specifications furnished by or to the Contractor and approved by the City; c. Change orders, approved written instructions, and written contract amendments; d. Performance and Payment bonds; e. General and Supplementary Conditions; and f. Notice of Award. ARTICLE 2 Definitions. In accordance with Article 1, the definition of items provided in the General Contract Conditions applies to their usage in the Contract and other portions of the Contract Documents. ARTICLE 3 Contract Work. The Contractor agrees to furnish all labor, supervision, tools, supplies, equipment, materials, and all that is necessary and required to complete the tasks associated with or described in the Contract Documents, as limited to those items as indicated in the Notice of Award (the "Work"). Contractor warrants that all construction shall be completed in a workmanlike manner and in accordance with all plans, specifications, and applicable building codes. a. Upon request, Contractor shall provide to the City a list of all subcontractors who will provide construction services under the Contract. All goods and services provided by subcontractors, material suppliers, and laborers shall be pursuant to written agreement between all such persons and the Contractor. Contractor shall be solely responsible for supervision of all of its employees and subcontractors, and assuring that work by those persons Page 298 of 353 8-1 New Business conforms to the Contract Documents. Contractor shall be solely responsible for payment to all laborers, subcontractors, and material suppliers in connection with work performed under the Contract. Any non-payment by Contractor of sums owing to laborers, material suppliers, or subcontractors is material breach of this Contract. The City, in its discretion, shall be authorized to contact subcontractors, material suppliers, and laborers working on the project for the purpose of verifying compliance with this Section. ARTICLE 4 Contract Time and Liquidated Damages. The Contractor hereby agrees to commence work under the Contract on or before the date specified in a written Notice to Proceed from the City, and to substantially and fully complete the work within the time specified in the Special Conditions. In the event that the work is not completed in the times set forth and as agreed upon, the Contractor further agrees to pay Liquidated Damages to the City as set forth in the Special Conditions. Special Conditions: The Contractor shall complete the Work no later than 210 calendar days from the issuance of the Notice to Proceed. Liquidated damages for delay in the amount of $1,500.00 per day shall be assessed against the Contractor in the event that the Work is not finally complete and accepted by the City by the agreed completion date. Remedies under this Article 4 are cumulative to any other remedies provided in this Contract. ARTICLE 5 Contract Price and Payment Procedures. The Contractor shall accept as full and complete compensation for the performance and completion of all of the work specified in this Contract and the Contract Documents, the sum of one million nine hundred thirty-five thousand seventy-eight dollars and forty-four cents ($1,935,078.44 ) ("Contract Price"). The Contract Price has been lawfully appropriated by the City Council of the City of Moab for the use and benefit of the Project. The Contract Price shall not be modified except by written change order, as set forth below. a. Partial payments shall be made proportionate to the progress of the work according to the following schedule and (if applicable) the schedule of values in the Contract Documents, but subject to this Article Five: On the tenth day of each month Pay Applications shall be prepared by the Contractor and subject to review and approval by the Project Manager based upon the schedule, above. In no event shall the Contractor be entitled to progress payments exceeding percentage of the Work that is completed in accordance with the Contract Documents, less retainage, inclusive of materials ordered and delivered to the site as measured against the total Contract Price. b. The City shall retain the sum of five percent (5%) of the total Contract Price, which sum shall be disbursed to Contractor no later than ten (10) days from the date when the Work is determined by the City to be finally complete and in conformity with the Contract Documents. c. In the event of default under this Contract, the City may retain and deduct from the sums owing under this Contract amounts sufficient to cure or abate the breaching condition, damages, or event. ARTICLE 6 Bonds and Insurance. a. Contemporaneous with issuance of the Notice to Proceed Contractor shall furnish to the City payment and performance bonds acknowledged by a surety licensed and authorized to do business in the State of Utah, in a form acceptable to the City, and in an amount equal to the total Contract Price. The bonds shall be Page 299 of 353 8-1 New Business attached to and incorporate by reference the Contract Documents. The bonds shall be issued pursuant to U.C.A. § 63-56-38 for the use and benefit of subcontractors, laborers, and material suppliers, and for the use and benefit of the City to secure Contractor's performance of its construction obligations under this Contract. Alternately, Contractor may provide an irrevocable letter of credit in a form acceptable to the City and naming the City as beneficiary for the purpose of satisfying its payment and performance bond obligations. b. Bonds in amounts of $1,000.00 or less will be made in multiples of $100.00; in amounts exceeding $5,000.00, in multiples of $1,000.00; provided that the amount of the bond shall be fixed at the lowest sum that fulfills all conditions of the Contract. c. The letter of credit, payment bond, and performance bond shall be released no later than one year from the date of award of this Contract, provided that no person has provided a demand for payment as provided by law or commenced an action seeking payment against the City or under any such instrument within that time. In the event any person described in subsection (a), above, issues a demand or commences suit against the City, the City shall be entitled to draw upon the bond or letter of credit to the extent of all sums claimed, including reasonable attorney fees and court costs that may be incurred by the City. At its option, the City may elect to interplead said funds into a court of competent jurisdiction, at which point the City will be discharged of any further liability. In the event the City declares default under this Contract, it shall be entitled to proceed against the Performance Bond. d. Contractor shall obtain written lien and payment waivers as specified in Exhibit A, attached, from all laborers, subcontractors and material suppliers contemporaneous with each payment advanced to those persons under this Contract. Upon final completion of the Contract, or upon tender of the final payment to each such subcontractor or material supplier, Contractor shall obtain a final lien and payment waiver. The waivers shall be on forms acceptable to the City, and Contractor shall deliver all such waivers contemporaneous with each disbursement pursuant to the Contract. e. Contractor shall provide a Certificate of Insurance as outlined in the following insurance requirements. The limits of liability for the insurance required by the Contractor shall provide coverage for not less the following amounts or greater where required by law: Workers' Compensation 1. State: Statutory 2. Applicable Federal: Statutory 3. Employer's Liability: State Insurance Requirements Comprehensive General Liability: 1. Bodily Injury: $1,000,000 (combined single limit CSL) Each Occurrence $1,000,000 Annual Aggregate, including Products and Completed Operations Hazard 2. Property Damage: $1,000,000 CSL $1,000,000 Each Occurrence Annual Aggregate 3. Property Damage Liability Insurance shall provide Explosion, Collapse, and Underground coverage where applicable. Page 300 of 353 8-1 New Business 4. Personal Injury, with employment exclusion deleted. $1,000,000 CSL Comprehensive Automobile Liability: 1. Bodily Injury: $1,000,000 CSL $1,000,000 CSL 2. Property Damage: $1,000,000 CSL off site. Each Person Each Accident Each Occurrence Contractor shall maintain insurance covering casualty to materials purchased for the Work and stored on or f. The Comprehensive liability insurance shall include completed operations hazard insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded or canceled, materially changed, or renewal refused until at least thirty days prior written notice has been given to the City by certified mail. All such insurance shall remain in effect until final acceptance of the Work by the City, and at all times thereafter when Contractor may be correcting, removing, or replacing defective work. The City shall be endorsed as an additional insured under the general liability policy. g. Contractor shall record a Notice of Commencement and Notice of Completion and, as provided under U.C.A. § 38-1-31 and § 38-1-33. ARTICLE 7 Integrated Contract; Change Orders. The Contract Documents constitute the entire agreement between the City and Contractor, and shall supercede any prior representations or discussions. The Contract may only be altered, amended or repealed by a duly executed written agreement signed and lawfully approved by both parties, except as noted by subsection (b), below. This Contract shall not be assigned, in whole or in part, except upon approval in writing by both parties. a. Contractor shall not be entitled to compensation in excess of the Contract Price, nor shall additional work be undertaken, except upon approval of a change order signed by both parties. The change order shall specify the upward or downward change in the Contract Price, the scope of the work to be performed or omitted, and the change in the Contract Time, if applicable. b. In the event that budgetary, or other unforeseen circumstances, render completion of the Contract Work impracticable, the City, in its discretion, may unilaterally issue a construction change directive reducing the scope of the Work or omitting certain items from the Contract. In that event, the Contract Price will be proportionately reduced. Construction change directives may only be issued with respect to work that has not been performed as of the date of the change. ARTICLE 8 Warranties. The Contractor warrants to the City that all the construction performed under this Contract shall be constructed in a workmanlike manner, in accordance with approved plans and applicable building codes, and free from defects of workmanship, labor, and materials, for a period of one year from the date of final completion of the improvements, as certified by the Project Manager. Upon written notice from the City, Contractor agrees to repair or replace any Contract Work that is found to be defective. ARTICLE 9 Page 301 of 353 8-1 New Business Extensions. For good cause shown, the City may grant a reasonable extension of time for the completion of improvements pursuant to this Contract. Good cause may include acts of God, severe weather disturbances (beyond those conditions which are typical to the Moab climate), floods, strikes, riots, or other acts or causes which are unforeseen and beyond the Contractor's control. Extensions of time or change orders for additional compensation shall not be authorized for inexcusable delay, which shall be defined to include, but not be limited to, inadequate crewing; inadequate supervision; late ordering of materials; failure to properly coordinate work; or similar events which could have been avoided with proper foresight, care, or planning by Contractor. All extensions shall be approved in the manner provided for change orders ARTICLE 10 Legal Compliance, Safety, Indemnity. Contractor hereby warrants that it is licensed and authorized to do business in the State of Utah; that it maintains complying policies for workers compensation coverage and that said coverage shall be in place for the duration of its performance under this Contract; that it maintains insurance coverage as described in this Contract; and that all such policies shall be in place for the duration of this Contract. Contractor further warrants that it shall perform this Contract in compliance with all applicable City, state, and federal laws, including all applicable regulations governing workplace safety, including but not limited to those promulgated by the Occupational Safety and Health Administration (OSHA). With respect to workplace safety, Contractor shall at all times employ properly trained individuals and subcontractors, who shall work under appropriate supervision. Contractor shall also hold regular safety meetings as necessary and appropriate, given the particular safety issues presented by the Work. a. Contractor hereby agrees to indemnify and hold the City, its officers, employees, and agents harmless from all demands, claims, suits, or liabilities, including reasonable attorney fees, as result of damages, losses, or injuries, including death, to persons not a party to this agreement and deriving, directly or indirectly, from the actions, omissions, or breaches of duties by the Contractor, its officers, agents, employees, subcontractors, or suppliers in the performance of the Contract or in discharging its legal duties, generally. This duty to indemnify shall apply to all claims by Contractor's employees, subcontractors, or material suppliers with respect to any liabilities incurred by Contractor in the performance of this Contract. ARTICLE 11 Remedies. The failure by either party to perform or carry out any of the obligations in this Contract or to perform the construction in accordance with the Contract Documents shall be grounds to declare default. In the event of default, the non -breaching party shall be entitled to recover all actual damages resulting from breach, in addition to the other remedies specified in this Contract. Actual damages shall include reasonable and necessary costs of completion of the Work or repair or replacement of Work which does not conform to the Contract Documents. In no event shall either party be liable to the other for consequential damages. In addition to any other remedies, in any legal action arising from this Contract the substantially prevailing party shall be entitled to recover its reasonable attorney fees and court costs. ARTICLE 12 Venue, Choice of Law, Interpretation. The place of performance under this Contract is Grand County, Utah. In the event of any legal dispute concerning the subjects of this agreement the parties stipulate to jurisdiction and venue in the District Court, Grand County, Utah. This contract shall be construed in accordance with the laws of the state of Utah. a. There are no known or intended third party beneficiaries to this Contract. b. This Contract is the product of mutual bargaining. It shall be construed in accordance with its plain meaning, regardless of the extent to which either party participated in the drafting. Page 302 of 353 8-1 New Business ARTICLE 13 Notice of Breach, Limitation of Actions. In the event of the occurrence of any breach of the terms of this contract the non -breaching party shall promptly deliver written notice of same to the other party and allow a reasonable period of time for the other party to cure or abate the breaching condition. It shall not be necessary for any party to deliver multiple notices in the case of repeat or ongoing violations. Any legal action arising from this Contract shall be filed not more than one year from the act, event, or omission constituting breach, and not thereafter. a. Delivery of notice shall be deemed sufficient if personally delivered or sent by First Class mail as follows: City Recorder City of Moab 217 East Center Street Moab, Utah 84532-2534 Contractor: The City of Moab has caused this Contract to be subscribed by its Mayor and attested by its City Recorder on its behalf; and the Contractor has signed this Contract as set forth below. City of Moab, Utah Date: By: ATTEST: City Recorder (Seal) Mayor Emily S. Niehaus Page 303 of 353 8-1 New Business Contractor: Date: By: Title State of Utah ) § County of Grand ) On the Title: day of , personally appeared before me , who duly acknowledged to me that they executed the same. Notary Public My Commission Expires: Residing in: Grand County Page 304 of 353 8-1 New Business Moab City Council Agenda Item Meeting Date: September 25, 2018 #: 8-2 Title: Request for Proposals (RFP) for Residential, Commercial and Municipal Solid Waste Collection, Disposal & Recycling Date Submitted: September 17, 2018 Staff Presenter: Rosemarie Russo, Sustainability Director Attachment(s): - Draft Residential and Commercial Solid Waste Collection, Disposal & Recycling RFP Recommended Motion: n/a Background/Summary: City staff request that the Council provide input and feedback on this matter. The City of Moab plans to release a RFP to perform residential, commercial and municipal solid waste disposal and recycling. The City currently contracts with a solid waste hauler for residential, commercial and municipal service within the City, and separately for recycling services. The City seeks to combine those functions in order to optimize collection efficiencies and track progress toward carbon and waste reduction goals. The initial term of the contract shall be from November 1, 2018 to October 31, 2023. The parties may extend the contract for up to two additional terms of five years each if agreed to mutually. Additionally, the City desires to implement a waste minimization program that places a high emphasis on diverting more material away from landfill disposal towards recycling, as well as systematic reduction of the overall waste stream. The current diversion rate of 13% is well below the national rate of 35% and per capita trash volumes exceed the national average by nearly 50%. The draft RFP asks respondents to provide additional information regarding costs associated with: Page 305 of 353 8-2 New Business Mandatory recycling for residents Mandatory recycling for businesses Recycling services going to monthly collection Implementing a cardboard ban from trash Implementing mandatory commercial building construction and debris Implementing a Pay as you Throw (PAYT) system Implementing a Bag -Tag option Page 306 of 353 r 8-2 New Business Residential, Commercial and Municipal Solid Waste Collection and Disposal and Recycling Request for Proposals Table of Contents i.00 GENERAL INFORMATION 2.00 HOURS OF WORK 3.0o COLLECTION FROM PUBLIC SITES 4.00 SECURITY 5.00 PROVIDER CONTAINERS 6.0o TRASH SERVICE 7.00 RECYCLING SERVICE 8.0o REPORTING AND BILLING 9.00 CORRECTIVE ACTIONS io.o0 APPLICABLE TAXES, FEES & SURCHARGES EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J RESIDENTIAL SOLID WASTE & RECYCLING COMMERCIAL SOLID WASTE & RECYCLING MUNICIPAL SOLID WASTE MUNICIPAL RECYCLING INSURANCE CONFIDENTIALITY OPTIONAL: SPECIAL COLLECTIONS AUDITS REPORTING COST & ACCOUNT DATA 1 Page 307 of 353 8-2 New Business SCOPE OF SERVICES I. GENERAL INFORMATION: The City of Moab (City) is seeking proposals from qualified Service Providers to perform residential and commercial solid waste disposal and recycling for customers within the City as well as City buildings and facilities. The City currently contracts with a solid waste hauler for commercial and residential service within the City, and separately for recycling services. The City seeks to combine those functions. Additionally the City desires to implement a waste minimization program that places a high emphasis on diverting more material away from landfill disposal towards recycling, as well as systematic reduction of the overall waste stream. The current diversion rate of 13 % is well below the national rate of 35 % and per capita trash volumes exceed the national average by nearly 50%. The City seeks to partner with a single entity (i.e., single company may bid with other entities i.e. subcontractors but must act as the managing point of contact) that will coordinate trash removal and recycling service, in order to optimize collection efficiencies and track progress toward waste reduction goals. All proposals must include both trash and recycling services at the unit prices listed in Exhibits (A-D & G) with a fee structure aimed at increasing diversion. Contractors must include bids for both subscription (opt -in) and mandatory recycling services. The City is paying over $30,000 in landfill fees (Parks: io%; Water: 3 %; Streets: 4% and WWTP: 83 %), in addition to collection fees. The selected contractor should indicate strategies to lower those costs. Contractors that can provide special collection and drop off services (Exhibit G) are preferable. We do not consider the full potential for recycling to have been realized yet. The City is seeking to work closely with a Service Provider who is able to draw upon a range of skills and capabilities, including: recycling technical expertise; familiarity with industry best management practices; and, introduction of new waste reduction technologies and approaches. The Service Provider is requested to assist the City in developing and implementing a more integrated, comprehensive process of managing its waste stream which is characterized by accurate measurement, reporting, cost efficiencies, and innovation. To this end, a yearly audit must be performed in accordance with data inputs specified in Exhibit H. The City intends to allow the Service Provider to retain payments for all recyclable commodities included in the contract. II. WORK REQUIREMENTS: • • General Requirements: • The Service Provider shall provide all labor, equipment, apparatus, appliances, tools, transportation and permits as required for refuse hauling and recycling services from outdoor collection sites, commercial and residential, within the City based on the schedule agreed upon, as contracted by this procurement, and to meet future needs (see Exhibits A-J). The Service Provider will also provide refuse hauling and recycling services to specific City buildings and facilities. 2 Page 308 of 353 8-2 New Business " Service Provider shall procure all licenses, pay all charges and fees, and give all notices necessary and incidental to the lawful fulfillment of the services to be provided. " Service Provider shall provide, once each quarter, all scales equipment and/or pay costs for measuring and reporting material by weight as required by the City to begin a waste characterization baseline. " All services performed under this contract will be to the highest industry standards for services of this type, done by those normally engaged in this type of business, and shall also be in compliance with all applicable codes and regulations. " Service Provider shall comply with all City, State and Federal health, environmental safety and fire ordinances while performing the prescribed work. " Service Provider will be held liable for damage resulting from negligence. Multiple incidents of damage or safety violations may be cause for termination of this contract and restrictions from future Contracts. " Service Provider shall designate a single point of contact (SPOC) with whom the City will work to handle all matters related to the contract. The contact person must hold a position that allows them to take appropriate action for immediate problem resolution. The City shall designate a Contract Administrator who will fulfill the same function. " When Service Provider's representative is not available (vacation/illness, out of office, etc.), an alternate point of contact name, phone number, and email address shall be provided to the City. " Service Provider shall give the City written notification of any change in account representation within two (2) calendar days of the change. " The City requires that Service Provider's SPOC meets with the City's Contract Administrator no less than every quarter to review operational performance issues. The City reserves the right to increase this to a monthly basis at their option in the event it is deemed warranted by the City Contract Administrator or Project Manager. Service Provider will provide minutes of these meetings to the City's Contract Administrator; to include any action items identified in the meeting, who is assigned responsibility for it, and anticipated date of the item's completion. During these meetings, Service Provider's SPOC will provide updates of any new recyclables opportunities the Service Provider has to offer. " Hours of Work: Service Provider shall work with facility managers to determine mutually agreeable collection times for all refuse and recycling containers. Service Provider may not collect waste or recyclables between the hours of 7:oo p.m. and 7:oo a.m. if the facility is in, or adjacent to, a residential neighborhood. " Pick -Up Requirements: " `Pick-up" includes emptying trash and recycling containers. " Pick-up service must be regularly scheduled at the appropriate frequencies to prevent 3 Page 309 of 353 8-2 New Business containers from overflowing. • Service Provider shall clean up from the grounds any trash or recyclables spilled during the transfer process or such material in the immediate vicinity. • Service Provider shall provide on -call or emergency pick-up service for any materials requested by the City within 24 hours. • The City shall have the right to visit and inspect any disposal or recycling sites owned, operated or used by the Service Provider. Service Provider's improper dumping of materials designated on the City's list of recyclables may be cause for immediate contract cancellation, and possible prosecution. • Service Provider shall perform in a manner that eliminates undue noise, safety hazards or damage, and does not create unsanitary or unsightly conditions at the pick-up sites or City facilities at large. • Security Clearance and Worker Identification Requirements for City Facilities: • Prior to beginning work under this Contract, any Service Provider employees who will work on this Contract must obtain a background clearance using Utah Data Base Investigations and/or Utah Bureau of Investigations -Crime Information Center. Security clearance requirement applies in particular to: personnel that handle secure documents destruction services; and, personnel entering secured areas such as police services, the water treatment facility, the wastewater treatment facilities, and the trash and recycling pickup area at City Hall. It may be extended at the City's discretion to any personnel who enter City premises in the course of duties. 5. Items to be Provided by Service Provider: • Trash Containers: Service Provider shall at minimum furnish fixed -hinge, covered trash containers, e.g., Dumpsters, in good condition, with appropriate locking devices as needed, of the size and quantity required for the cubic yard or gallon quantity listed in Exhibit A-D for new customers, Bid Sheet, Trash Services. • Other equipment such as poly -cart containers or compacting bins may be designated for trash collection in some instances. All containers must be approved by the City prior to placement. • Service Provider shall maintain trash containers in clean, sanitary and serviceable condition at all times, and shall wash and sanitize containers as needed and upon request. • Service Provider shall suitably repair or replace any malodorous, vandalized or damaged containers. Corrective action is to be taken to remedy the situation within one (1) week. • Roll -Offs: Periodically, "on call" roll -off bin deliveries may be requested by authorized City personnel for trash removal in excess of normal subscription levels of trash service. Service Provider shall furnish roll -off bins (e.g., 20- or 3o-yd) in clean, serviceable condition and which feature weather -resistant covers, for waste collection. • Recycling Containers: Service Provider shall at minimum furnish outdoor recycling containers e.g., Dumpsters, in good condition, with appropriate locking devices as needed, of 4 Page 310 of 353 8-2 New Business the size and quantity required for the cubic yard or gallon quantity listed in of the size and quantity listed in Exhibit B - D, Bid Sheet, Recycling Services. All new and replacement recycling containers for City facilities, businesses and residents will be rolled lidded 96 gallon capacity. A deposit fee should be tracked for new containers. • Inside Recycling Containers: Service Provider is to provide indoor recycling containers e.g., 96-gallon wheeled poly -carts with for recycling collection in breakroom areas. • Additionally, Service Provider shall furnish appropriately sized containers upon request as new or expanded recycling opportunities develop, material collection strategies change, or changes in service levels are needed. This may include but is not limited to: "Dumpsters", cardboard cages, poly -carts or compacting recycling bins as approved by the City. At City locations where confidential documents are routinely collected for shredding, the Service Provider will provide appropriate security, such as locking cabinets or wheeled poly -carts, if requested. • Signage: Service Provider shall furnish signage for trash and recycling containers as provided for use in outdoor collection sites. At a minimum, signage should clearly identify items accepted (for recycling bins), labeling and other means such as color -coded container lids for trash and recycling bins which clearly differentiates them from one another, and contain contact information for the Service Provider. 6. Trash Service: • Service Provider shall pick up refuse from municipal, residential and commercial bin locations shown on Exhibit A - D, Bid Sheets, Trash Services for disposal. • Types of waste that will not be collected under this bid include: hazardous wastes, light bulbs, batteries, surplus scrap metals, appliances, refrigerators, and electronic waste (computers and electronic equipment). A separate amendment may be prepared for hazardous waste and/or organics. • Service Provider shall report to the City on a quarterly basis on trash volumes picked up at each City building location. • Service Provider shall provide the cost for purchase and collection of five solar Big Bellies. 7. Recycling Service: • Service Provider shall pick up recycling from municipal, residential and commercial bin locations shown on Exhibit B - D Bid Sheets, Recycling Services of materials accepted at Material Recovery Facilities (MRF). • The Designated List of recyclables which, at a minimum, will be collected includes: clear and colored glass bottles and jars, tin and aluminum cans, plastic containers # 1-7, mixed paper, paperboard, and corrugated cardboard. • The City desires for the Service Provider to introduce opportunities to recycle other materials included by not limited to: packaging materials such as shrink-wrap plastic, plastic strapping, and Styrofoam; food waste and other compostable materials; dimensional lumber 5 Page 311 of 353 8-2 New Business and other wood scraps; deconstruction waste such as window glass and dry -wall; and used surplus office furniture. • The City may require the Service Provider to collect confidential documents for destruction and recycling. Shredding security is maintained through the use of locked containers at the point of collection and maintained in locked storage containers through final processing and destruction. • Service Provider shall advise the City of opportunities to utilize zero -waste tents/bins for special events, etc. • Service Provider may keep all sums received from the sales of materials collected for recycling, and shall report to the City on a yearly basis: amounts of payments received for each recyclable commodity, and, processing plants or brokerage agencies from which payments are received. • Service Provider shall provide the cost for purchase and collection of five solar Big Bellies. 8. Reporting and Billing Requirements: The City requires accurate measurements of trash (landfill) material and recyclable material collected from municipal locations to be taken, and reported, on a quarterly basis. Service Provider shall provide to the City annually an average weight per yard for municipal for trash and recycling, in order to verify that an accurate conversion factor was generated by the contractor. Such annual report shall be provided to the City's designated representative by January 30t'' of each year. The City requires that all material collected for recycling must be reported in weights; the weights of each designated material must be reported individually. See Exhibit G for sample template. • The Volumes Report must be submitted in a mutually agreed upon electronic form, such as Excel annually to the City's designated representative. The Volumes Report shall also reflect monthly charges per account and provide the underlying calculations for the conversion factor from volumes to weights. • Service Provider must provide a monthly Exceptions Report to the City's designated Contract Administrator no later than the fifteenth (15th) of the month (for the preceding month's data). The Exceptions Report shall list, by department and location, any extra service requests for trash removal and/or recycling beyond the normal service level to which that department or location subscribes. • Service Provider shall provide a single monthly billing statement to the City Treasurer that itemizes service fees for each collection location's normal "subscription" service level, listed by the appropriate location and number. • In addition, Service Provider will provide a separate, itemized bill to the Treasurer for any extra services rendered, by City department and location. • All payments will be made by the City on a Net 3o days basis from the date of the invoice. Service Provider shall provide a single monthly billing statement to the City Treasurer that itemizes service fees for residents and businesses. 6 Page 312 of 353 8-2 New Business " The City reserves the right to withhold or deduct payment for missed or skipped pickups. " All prices are to be firm fixed prices, inclusive of all applicable taxes, fees, surcharges, etc. NO additional charges or fees (administrative, environmental, late charges, fuel surcharges, etc.) will be allowed. Rate changes must be approved by the City Council upon a showing of good cause, as provided in the contract documents. The City may deduct a fee of up to seven percent (7%) of the total payable to the Service Provider to cover City expenses for customer service, billing services, and administration (the current fee is 5%). 9. Resource Management Services: " Service Provider shall generate and submit by the ��5h of each month as required a report to the City Contract Administrator whenever the following conditions are encountered. Corrective action is to be taken to remedy the situation within one (1) week from the date the condition is identified: " Broken or tagged bins and service complaints " Missed pickups. If these are caused by a condition onsite such as snow and ice buildup or blocked access, a photo of the condition is to be included with the report to the City Contract Administrator. " Overflowing or underutilized bins: One-time issues will not be reported. If the condition recurs on a consistent basis, a photo of the condition is to be included with the report to the City Contract Administrator. " Service Provider will work collaboratively with the City to identify opportunities to reach its recycling and waste reduction goals, and to render cost efficiencies/savings to the City, for example, to down -size trash at specific locations when a smaller size bin will provide sufficient capacity, or to reduce the frequency of collection. Service Provider will at minimum review existing municipal practices and prepare a summary report detailing observations, recommendations and opportunities for improvement on an annual basis. Such report shall be submitted to the Contract Administrator by January 3oth of each year. " Service Provider shall identify any sorting and contamination issues and provide prompt feedback to the City on reported contamination issues, by department and/or location, to the Contract Administrator. " Service Provider shall instruct its drivers to monitor container utilization levels for trash and recycling so that the City receives maximum use and services of each container, and report to the City Contract Administrator when adjustments in bin size, bin quantity, and/or pickup frequency need to be made. " Audits: At least one on -site audits of trash and recycling will be performed each year of the Agreement by the Service Provider, at a site to be selected by the City's Project Manager, per the protocol for Audits provided by the City (see Exhibit H). " Training: The Service Provider shall provide training on sustainability practices as reasonably requested by the City. " Applicable Taxes, Fees & Surcharges: " The City is awarding a renewable contract, with option to renew for up to two times 7 Page 313 of 353 8-2 New Business (maximum length fifteen years total). All prices are to be firm fixed prices, inclusive of all applicable taxes, fees, surcharges, etc. No additional charges or fees (administrative, environmental, late charges, fuel surcharges, etc.) will be allowed. without prior approval of the City for necessary rate adjustments. Adjustments will need to be justified based upon documented increases in transportation, market and/or landfill tipping fee pricing. The initial term of the contract shall be from November 1, 2°18 to October 31, 2o23. The City may, in its discretion, extend the contract for up to two additional terms of five years each. Decisions to renew or extend the contract may be subject to input as to customer satisfaction (i.e. residential and commercial survey) and the contractor's ability to increase diversion rates and lower carbon impacts. The transition period between contracts will be approximately 4-6 weeks. All containers previously purchased by the City will need to be returned at the termination of the contract. All terms of service shall be confirmed in a written contract reviewed and approved by the City. The City reserves the right to waive any error or irregularity in submittals. Non -responsive submittals may be rejected. The Contract will be awarded to the party who, in the judgment of the City, offers the proposal that most closely conforms to the specifications and requirements in this document. The City may elect to reject all proposals, or it may request that parties clarify their proposals, if necessary. Proposals must include the address, telephone number, email address, and website address for each submitter. The proposal must identify the key persons in the management group who will be responsible for performance of the contract, as well as the point of contact for future communications. Persons having questions about this request for proposals may submit them to Rachel Stenta at (435) 259-2683; or rstentaamoabcity.org. Proposals must be delivered via first class mail, courier, or hand delivery no later than 5:oo p.m. (Mountain Time) on October 8, 2018 to: City of Moab 217 East Center Street Moab, UT 84532 Attention: Rachel Stenta 8 Page 314 of 353 8-2 New Business EXHIBIT A - RESIDENTIAL SERVICES Residential Solid Waste Container Size Base fee Additional on -call pickup 55 65 96 Bag & Tag Residential Recycling (opt in) Frequency Base Fee Additional on -call pickup ix week ix every two weeks ix month Bag & Tag Residential Recycling (mandatory) Frequency Base Fee Additional on -call pickup ix week ix every two weeks ix month Bag & Tag 9 Page 315 of 353 8-2 New Business EXHIBIT B - COMMERCIAL SERVICES Commercial Solid Waste Bid Sheet Container Size Frequency Per Week Base Fee Double/Triple i yd dumpster (or equivalent) lx 2x 3x 2 yd ix 2x 3x 4Yd lx 2x 3x 6yd ix 2x 3x 5 Big Bellies 15 yard (Wastewater) as needed n/a 20 yard Open Top as needed n/a 34 yard compactor as needed n/a Commercial Recycling (opt in) Container Size Frequency Per Week Base Fee Double/Triple i yd dumpster (or equivalent) ix 2x 3x 2 yd ix 2x 3x 4Yd ix 2x 3x 6yd ix 2x 3x 5 Big Bellies 10 Page 316 of 353 8-2 New Business Commercial Recycling (mandato Container Size Frequency Per Week Base Fee Double/Triple i yd dumpster (or equivalent) ix 2x 3x 2 yd ix 2x 3x 40 ix 2x 3x 6yd ix 2x 3x 11 Page 317 of 353 8-2 New Business EXHIBIT C — MUNICIPAL SOLID WASTE COLLECTION Municipal Solid Waste Bid Sheet Facility Name Location Bin Size # Bins Collection Frequency Month ly Cost Schedule Art Center (MARC) 111 E lo0 N 96 1.00 2 X 52 Ball Fields 200 E Center 96 2.00 2 x week May - Sept 1 x week Oct -April City Gym Center 96 i.00 1/month 52 City Hall 217 E Center Ave 2 cyd 1.00 1 x week 52 Facilities - Shop 47o Kane Creek Blvd 2 cyd 1.00 2x week 52 Old City Park 2882E Padk d 96 3.00 3 x in season May - Sept 1 x off season Oct - April Pool (MRAC) 181 W 400 N 96 1.00 1x week 52 Rotary Park 680 Millcreek Blvd 3.00 3 x in season May - Sept 96 ix off season Oct - April Swanny City Park 181 W 40o North 96 3.00 3xin season May - Sept ix off season Oct - April *option larger carts and less frequent collectio ns and on -call service. 12 Page 318 of 353 8-2 New Business EXHIBIT D - MUNICIPAL RECYCLING LOCATIONS Municipal Recycling Proposed Service Facili ty Nam e Locatio n Bin Siz e # Bin s Collectio n Frequen cy Monthly Cost Weekly Schedule Art Center (MARC) 111E 10o N 96 1 Every Other Week 26 Ball Fields 200 E Center 96 4 Every Other Week 26 CitY Hall 217 E Center Ave 30/ 55 4 Every Other Week 26 Old City Park 2882 E Old City Park Rd 96 2 Every Other Week 26 Pool (MRAC) 181 W 4th N 96 1 Every Other Week 26 Rec Path 2055 Elk Cir 96 6 Every Other Week 26 Rotary Park 680 Millcree k Blvd 96 2 Every Other Week 26 Swanny City Park 181 W 4th North 96 io Every Other Week 26 Downto wn Hwy 191 20 14 Every Other Week 26 Lions Park Hwy 191 96 2 Every Other Week 26 Totals 13 Page 319 of 353 8-2 New Business EXHIBIT E- INSURANCE REQUIREMENTS For the duration of the Agreement the Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated below and pay all premiums. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled, except after thirty (3o) days written notice has been received by the City of Moab." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: Workers' Compensation insurance with statutory limits as required by Utah law. Commercial General Liability and Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. The amount of insurance for each coverage, Commercial General Liability and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. 14 Page 320 of 353 8-2 New Business EXHIBIT F CONFIDENTIALITY In connection with services provided to the City of ab (the "City") pursuant toMbis Agreement (the "Agreement"), the Service Provider hereby acknowledges that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City in writing. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City in writing. he Service Provider agrees that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation, or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure request under (b) above, the Service Provider shall furnish a copy of the request to the City prior to any disclosure. All document disposal, shredding, or similar services provided by Service Provider shall be performed in such a manner that all confidential information is destroyed or rendered unreadable. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described above, including all electronic copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. 15 Page 321 of 353 8-2 New Business EXHIBIT G — ADDITIONAL SERVICES Special Collection Services and Drop Off Frequency Fee (Based on Drop Off Fee Plus Premium) Gallons/YD/Size Household Hazardous Waste Collection Drop - Off Center: Organics - Food Waste Grass / Leaves / Brush / Weeds / Yard Debris / Small Branches / Limbs Pallets - Reusable Condition (Wood or Plastic) Mattress -or- Box Springs — T/F/Q/K Electronic Waste (Computer, Phone) TV - Small/Large - 36" Appliances - Clothes Dryer - Washing Machine - Stove - Dish Washer Hot Water Heater - All Sizes Arm Chair / Recliner / Love Seat / Futon Sofa Large Dresser - Tables - Chairs - Misc Small Furniture - Sink — Toilet Tires Scrap Steel — Metal Refrigerator / Freezer / AC Unit (Any unit that needs Freon Removed) Animal Carcass C and D Debris - Heavy Material (Wood - Sheetrock - Construction Debris) Non -Compacted Household Trash (MSW) Compacted (MSW) - Rear Load - Front Load - Side Load — Compactors Cardboard 16 Page 322 of 353 8-2 New Business EXHIBIT H - PROPOSED PROTOCOL FOR AUDITS OF WASTE STREAM The City aspires to be the leader in the community in moving towards Zero ste through its own initiatives in waste reduction and recycling. Auditing -- in other words, evaluating the contents of trash collection containers and recycling bins -- provides an understanding of the organization's current waste composition, reduction opportunities and employee training gaps. The City will work with its contracted vendor to implement audits using the following specifications: 1. Schedule trash and recycling audits of at least one municipal and commercial building per year • Locations to be agreed upon in advance between City and vendor. • Vendor will be responsible for carrying out audits but will keep the City informed in the event City employees are available to participate. a. Trash audits will be used to determine how much recyclable material is being inappropriately discarded. g. Recycling audits will be used to determine how much foreign material is being inappropriately placed in recycling bins, which creates "contamination" that reduces the value of the recyclables. 4. The following categories of materials found during audits will be evaluated: • recyclables • compostables • high volume hard -to -recycle items • trash 5. Containers will be emptied onto tarps laid on the ground for the purpose of auditing. • contents may need to be manually spread out for better evaluation • contents will be quantified with verbal descriptions and general percentages of the overall sample • digital photos will be taken to aid with reporting and assessment • upon completion of audit, all materials/trash will be replaced in original containers for collection on the next scheduled pick-up date 6. A final report will be submitted within four weeks after the audit by the vendor, including pictures of each category of waste found in the trash/recycling container, and recommendations on how to increase the waste diversion of the facility that was audited. 17 Page 323 of 353 8-2 New Business EXHIBIT I - REPORTING Tonnage Summary Worksheet SECTION A - Recyclable Materials Collected TOTAL TONS 1. Curbside Recycling Collection Single -stream 0.00 Paper Mix (ONP, OMX,etc) 0.00 o.00 Curbside Total: 0.00 2. Multifamily and Commercial Recycling Single -stream o.00 Paper Mix (ONP, OMX, etc) o.00 Corrugated Cardboard o.00 o.00 Comm Total: o.00 3. Drop-off Systems (e.g., grocery stores) Paper Mix (ONP, OMX, etc.) o.00 Corrugated cardboard o.00 Commingled containers 0.00 Drop-off System Total: o.00 TOTAL TONS o.00 4. Yard and Wood Wastes (Cubic Yards) Yard Wastes (Residential) o Yard wastes (Commercial) o Construction and Demolition o Total cubic yards: o TOTAL TONS Section B - Number of recycling customers on Dec 31, 2019: 1. Residential o 2. Multi -family o 3. Commercial o Total rec customers: o 4. # of drop-off sites o 18 Page 324 of 353 8-2 New Business SECTION C - Cubic Yards of Solid Waste Collected Total Cubic Yards Compacted (Residential) Compacted (Commercial) Roll -off Compacted MSW Roll -off Loose MSW 19 Page 325 of 353 8-2 New Business Exhibit J - COST & ACCOUNT DATA RESIDENTIAL & COMMERCIAL TRASH ACCOUNTS - SECTOR 2018 Apartments 21 Commercial 312 Condos 17 Institutional 46 Motels 124 Residential Multi -Family 14 Single Residential 1691 Trailers 11 Total 2236 20 Page 326 of 353 8-2 New Business RESIDENTIAL TRASH COSTS *2009 Container Size MONTHLY 95 GAL 16 ADDITIONAL 95 GAL 22 3RD 95 GAL 28 CENTRALIZED COLLECTION - - PER RESIDENT REGARDLESS OF CONTAINER SIZE 15 COMMERCIAL TRASH COSTS '2009 1 X week 2X week 3X week 4X week 5X week 6X week 7X week 2 CUBIC YARDS 48 86 122 156 187 201 223 (2) 2 CUBIC YARDS 96 172 244 312 374 402 446 (3) 2 CUBIC YARDS 144 258 366 468 561 603 669 RESIDENTIAL TRASH ACCOUNTS "1999 1 CAN (as of January 1999, will increase during summer months) 1,572 2 CANS 70 3 CANS 2 COMMERCIAL TRASH ACCOUNTS '1999 1Xweek 2Xweek 3Xweek 4Xweek 5Xweek 6Xweek 7Xweek 95 GAL 84 0 0 0 0 0 0 300 GAL — 1 CAN 60 41 25 3 3 4 16 300 GAL — 2 CANS 4 2 4 1 3 2 7 300 GAL— 3 CANS 3 1 0 0 1 0 8 300 GAL — 4 CANS 0 0 2 0 1 8 2 This data is provided for informational purposes and serves only as estimates. 21 Page 327 of 353 8-2 New Business 9/18/2018 10:44 AM Residential, Commercial and Municipal Solid Waste Collection and Disposal and Recycling Request for Proposals GENERAL SPECIFICATIONS Table of Contents 1.00 GENERAL INFORMATION 2.00 HOURS OF WORK 3.00 COLLECTION FROM PUBLIC SITES 4.00 SECURITY 5.00 PROVIDER CONTAINERS 6.00 TRASH SERVICE 7.00 RECYCLING SERVICE 8.00 REPORTING AND BILLING 9.00 CORRECTIVE ACTIONS 10.00 APPLICABLE TAXES, FEES & SURCHARGES EXHIBIT A RESIDENTIAL SOLID WASTE & RECYCLING EXHIBIT B COMMERCIAL SOLID WASTE & EXHIBIT C MUNICIPAL SOLID WASTE EXHIBIT D MUNICIPAL RECYCLING EXHIBIT E INSURANCE EXHIBIT F CONFIDENTIALITY EXHIBIT G OPTIONAL: SPECIAL COLLECTIONS EXHIBIT H AUDITS EXHIBIT I REPORTING EXHIBIT J COST & ACCOUNT DATA 1 Page 328 of 353 8-2 New Business 9/18/2018 10:44 AM SCOPE OF SERVICES I. GENERAL INFORMATION: The City of Moab (City) is seeking proposals from qualified Service Providers to perform residential and commercial solid waste disposal and recycling for customers within the City as well as City buildings and facilities. The City currently contracts with a solid waste hauler for commercial and residential service within the City, and separately for recycling services. The City seeks to combine those functions. Additionally the City desires to implement a waste minimization program that places a high emphasis on diverting more material away from landfill disposal towards recycling, as well as systematic reduction of the overall waste stream. The current diversion rate of 13% is well below the national rate of 35% and per capita trash volumes exceed the national average by nearly 50%. The City seeks to partner with a single entity (i.e., single company may bid with other entities i.e. subcontractors but must act as the managing point of contact) that will coordinate trash removal and recycling service, in order to optimize collection efficiencies and track progress toward waste reduction goals. All proposals must include both trash and recycling services at the unit prices listed in Exhibits (A-D & G) with a fee structure aimed at increasing diversion. Contractors must include bids for both subscription (opt -in) and mandatory recycling services. The City is paying over $30,000 in landfill fees (Parks: 10%; Water: 3%; Streets: 4% and WWTP: 83%), in addition to collection fees. The selected contractor should indicate strategies to lower those costs. Contractors that can provide special collection and drop off services (Exhibit G) are preferable. We do not consider the full potential for recycling to have been realized yet. The City is seeking to work closely with a Service Provider who is able to draw upon a range of skills and capabilities, including: recycling technical expertise; familiarity with industry best management practices; and, introduction of new waste reduction technologies and approaches. The Service Provider is requested to assist the City in developing and implementing a more integrated, comprehensive process of managing its waste stream which is characterized by accurate measurement, reporting, cost efficiencies, and innovation. To this end, a yearly audit must be performed in accordance with data inputs specified in Exhibit H. The City intends to allow the Service Provider to retain payments for all recyclable commodities included in the contract. Il. WORK REQUIREMENTS: 1. General Requirements: • The Service Provider shall provide all labor, equipment, apparatus, appliances, tools, transportation and permits as required for refuse hauling and recycling services from outdoor collection sites, commercial and residential, within the City based on the schedule agreed upon, as contracted by this procurement, and to meet future needs (see Exhibits A-J). The Service Provider will also provide refuse hauling and recycling services to specific City buildings and facilities. • Service Provider shall procure all licenses, pay all charges and fees, and give all 2 Page 329 of 353 8-2 New Business 9/18/2018 10:44 AM notices necessary and incidental to the lawful fulfillment of the services to be provided. • Service Provider shall provide, once each quarter, all scales equipment and/or pay costs for measuring and reporting material by weight as required by the City to begin a waste characterization baseline. • All services performed under this contract will be to the highest industry standards for services of this type, done by those normally engaged in this type of business, and shall also be in compliance with all applicable codes and regulations. • Service Provider shall comply with all City, State and Federal health, environmental safety and fire ordinances while performing the prescribed work. • Service Provider will be held liable for damage resulting from negligence. Itiple incidents of damage or safety violations may be cause for termination of this contract and restrictions from future Contracts. • Service Provider shall designate a single point of contact (SPOC) with whom the City will work to handle all matters related to the contract. The contact person must hold a position that allows them to take appropriate action for immediate problem resolution. The City shall designate a Contract Administrator who will fulfill the same function. • When Service Provider's representative is not available (vacation/illness, out of office, etc.), an alternate point of contact name, phone number, and email address shall be provided to the City. • Service Provider shall give the City written notification of any change in account representation within two (2) calendar days of the change. • The City requires that Service Provider's SPOC meets with the City's Contract Administrator no less than every quarter to review operational performance issues. The City reserves the right to increase this to a monthly basis at their option in the event it is deemed warranted by the City Contract Administrator or Project Manager. Service Provider will provide minutes of these meetings to the City's Contract Administrator; to include any action items identified in the meeting, who is assigned responsibility for it, and anticipated date of the item's completion. During these meetings, Service Provider's SPOC will provide updates of any new recyclables opportunities the Service Provider has to offer. 2. Hours of Work: Service Provider shall work with facility managers to determine mutually agreeable collection times for all refuse and recycling containers. Service Provider may not collect waste or recyclables between the hours of 7:00 p.m. and 7:00 a.m. if the facility is in, or adjacent to, a residential neighborhood. 3. Pick -Up Requirements: • `Pick-up" includes emptying trash and recycling containers. • Pick-up service must be regularly scheduled at the appropriate frequencies to prevent containers from overflowing. • Service Provider shall clean up from the grounds any trash or recyclables spilled during the transfer process or such material in the immediate vicinity. • Service Provider shall provide on -call or emergency pick-up service for any materials requested by the City within 24 hours. 3 Page 330 of 353 8-2 New Business 9/18/2018 10:44 AM • The City shall have the right to visit and inspect any disposal or recycling sites owned, operated or used by the Service Provider. Service Provider's improper dumping of materials designated on the City's list of recyclables may be cause for immediate contract cancellation, and possible prosecution. • Service Provider shall perform in a manner that eliminates undue noise, safety hazards or damage, and does not create unsanitary or unsightly conditions at the pick-up sites or City facilities at large. 4. Security Clearance and Worker Identification Requirements for City Facilities: • Prior to beginning work under this Contract, any Service Provider employees who will work on this Contract must obtain a background clearance using Utah Data Base Investigations and/or Utah Bureau of Investigations -Crime Information Center. Security clearance requirement applies in particular to: personnel that handle secure documents destruction services; and, personnel entering secured areas such as police services, the water treatment facility, the wastewater treatment facilities, and the trash and recycling pickup area at City Hall. It may be extended at the City's discretion to any personnel who enter City premises in the course of duties. Items to be Provided by Service Provider: • Trash Containers: Service Provider shall at minimum furnish fixed -hinge, covered trash containers, e.g., Dumpsters, in good condition, with appropriate locking devices as needed, of the size and quantity required for the cubic yard or gallon quantity listed in Exhibit A-D for new customers, Bid Sheet, Trash Services. • Other equipment such as poly -cart containers or compacting bins may be designated for trash collection in some instances. All containers must be approved by the City prior to placement. • Service Provider shall maintain trash containers in clean, sanitary and serviceable condition at all times, and shall wash and sanitize containers as needed and upon request. • Service Provider shall suitably repair or replace any malodorous, vandalized or damaged containers. Corrective action is to be taken to remedy the situation within one (1) week. • Roll -Offs: Periodically, "on call" roll -off bin deliveries may be requested by authorized City personnel for trash removal in excess of normal subscription levels of trash service. Service Provider shall furnish roll -off bins (e.g., 20- or 30-yd) in clean, serviceable condition and which feature weather -resistant covers, for waste collection. • Recycling Containers: Service Provider shall at minimum furnish outdoor recycling containers e.g., Dumpsters, in good condition, with appropriate locking devices as needed, of the size and quantity required for the cubic yard or gallon quantity listed in of the size and quantity listed in Exhibit B - D, Bid Sheet, Recycling Services. All new and replacement recycling containers for City facilities, businesses and residents will be rolled lidded 96 gallon capacity. A deposit fee should be tracked for new containers. • Inside Recycling Containers: Service Provider is to provide indoor recycling containers e.g., 96-gallon wheeled poly -carts with for recycling collection in breakroom areas. 4 Page 331 of 353 8-2 New Business 9/18/2018 10:44 AM • Additionally, Service Provider shall furnish appropriately sized containers upon request as new or expanded recycling opportunities develop, material collection strategies change, or changes in service levels are needed. This may include but is not limited to: "Dumpsters", cardboard cages, poly -carts or compacting recycling bins as approved by the City. At City locations where confidential documents are routinely collected for shredding, the Service Provider will provide appropriate security, such as locking cabinets or wheeled poly -carts, if requested. • Signage: Service Provider shall furnish signage for trash and recycling containers as provided for use in outdoor collection sites. At a minimum, signage should clearly identify items accepted (for recycling bins), labeling and other means such as color -coded container lids for trash and recycling bins which clearly differentiates them from one another, and contain contact information for the Service Provider. 5. Trash Service: • Service Provider shall pick up refuse from municipal, residential and commercial bin locations shown on Exhibit A - D, Bid Sheets, Trash Services for disposal. • Types of waste that will not be collected under this bid include: hazardous wastes, light bulbs, batteries, surplus scrap tals, appliances, refrigerators, and electronic waste (computers and electronic equipment). A separate amendment may be prepared for hazardous waste and/or organics. • Service Provider shall report to the City on a quarterly basis on trash volumes picked up at each City building location. • Service Provider shall provide the cost for purchase and collection of five solar Big Bellies. 6. Recycling Service: • Service Provider shall pick up recycling from municipal, residential and commercial bin locations shown on Exhibit B - D Bid Sheets, Recycling Services of materials accepted at Material Recovery Facilities (MRF). • The Designated List of recyclables which, at a minimum, will be collected includes: clear and colored glass bottles and jars, tin and aluminum cans, plastic containers # 1-7, mixed paper, paperboard, and corrugated cardboard. • The City desires for the Service Provider to introduce opportunities to recycle other materials included by not limited to: packaging materials such as shrink-wrap plastic, plastic strapping, and Styrofoam; food waste and other compostable materials; dimensional lumber and other wood scraps; deconstruction waste such as window glass and dry -wall; and used surplus office furniture. • The City may require the Service Provider to collect confidential documents for destruction and recycling. Shredding security is maintained through the use of locked containers at the point of collection and maintained in locked storage containers through final processing and destruction. 5 Page 332 of 353 8-2 New Business 9/18/2018 10:44 AM • Service Provider shall advise the City of opportunities to utilize zero -waste tents/bins for special events, etc. • Service Provider may keep all sums received from the sales of materials collected for recycling, and shall report to the City on a yearly basis: amounts of payments received for each recyclable commodity, and, processing plants or brokerage agencies from which payments are received. • Service Provider shall provide the cost for purchase and collection of five solar Big Bellies. 7. Reporting and Billing Requirements: The City requires accurate measurements of trash (landfill) material and recyclable material collected from municipal locations to be taken, and reported, on a quarterly basis. Service Provider shall provide to the City annually an average weight per yard for municipal for trash and recycling, in order to verify that an accurate conversion factor was generated by the contractor. Such annual report shall be provided to the City's designated representative by January 30t" of each year. The City requires that all material collected for recycling must be reported in weights; the weights of each designated material must be reported individually. See Exhibit G for sample template • The Volumes Report must be submitted in a mdually agreed upon electronic form, such as Excel annually to the City's designated representative. The Volumes Report shall also reflect monthly charges per account and provide the underlying calculations for the conversion factor from volumes to weights. • Service Provider must provide a monthly Exceptions Report to the City's designated Contract Administrator no later than the fifteenth (15t) of the month (for the preceding month's data). The Exceptions Report shall list, by department and location, any extra service requests for trash removal and/or recycling beyond the normal service level to which that department or location subscribes. • Service Provider shall provide a single monthly billing statement to the City Treasurer that itemizes service fees for each collection location's normal "subscription" service level, listed by the appropriate location and number. • In addition, Service Provider will provide a separate, itemized bill to the Treasurer for any extra services rendered, by City department and location. • All payments will be made by the City on a Net 30 days basis from the date of the invoice. Service Provider shall provide a single monthly billing statement to the City Treasurer that itemizes service fees for residents and businesses. • The City reserves the right to withhold or deduct payment for missed or skipped pickups. • All prices are to be firm fixed prices, inclusive of all applicable taxes, fees, surcharges, etc. NO additional charges or fees (administrative, environmental, late charges, fuel surcharges, etc.) will be allowed. Rate changes must be approved by the City Council upon a showing of good cause, as provided in the 6 Page 333 of 353 8-2 New Business 9/18/2018 10:44 AM contract documents. The City may deduct a fee of up to seven percent (7%) of the total payable to the Service Provider to cover City expenses for customer service, billing services, and administration (the current fee is 5%). 8. Resource Management Services: • Service Provider shall generate and submit by the 15' of each month as required a report to the City Contract Administrator whenever the following conditions are encountered. Corrective action is to be taken to remedy the situation within one (1) week from the date the condition is identified: o Broken or tagged bins and service complaints o Missed pickups. If these are caused by a condition onsite such as snow and ice buildup or blocked access, a photo of the condition is to be included with the report to the City Contract Administrator. o Overflowing or underutilized bins: One-time issues will not be reported. If the condition recurs on a consistent basis, a photo of the condition is to be included with the report to the City Contract Administrator. • Service Provider will work collaboratively with the City to identify opportunities to reach its recycling and waste reduction goals, and to render cost efficiencies/savings to the City, for example, to down -size trash at specific locations when a smaller size bin will provide sufficient capacity, or to reduce the frequency of collection. Service Provider will at minimum review existing municipal practices and prepare a summary report detailing observations, recommendations and opportunities for improvement on an annual basis. Such report shall be submitted to the Contract Administrator by January 30th of each year. • Service Provider shall identify any sorting and contamination issues and provide prompt feedback to the City on reported contamination issues, by department and/or location, to the Contract Administrator. • Service Provider shall instruct its drivers to monitor container utilization levels for trash and recycling so that the City receives maximum use and services of each container, and report to the City Contract Administrator when adjustments in bin size, bin quantity, and/or pickup frequency need to be made. • Audits: At least one on -site audits of trash and recycling will be performed each year of the Agreement by the Service Provider, at a site to be selected by the City's Project Manager, per the protocol for Audits provided by the City (see Exhibit H). • Training: The Service Provider shall provide training on sustainability practices as reasonably requested by the City. 9. Applicable Taxes, Fees & Surcharges: • The City is awarding a renewable contract, with option to renew for up to two times (maximum length fifteen years total). All prices are to be firm fixed prices, inclusive of all applicable taxes, fees, surcharges, etc. No additional charges or fees (administrative, environmental, late charges, fuel surcharges, etc.) will be allowed. without prior approval of the City for necessary rate adjustments. Adjustments will need to be justified based upon 7 Page 334 of 353 8-2 New Business 9/18/2018 10:44 AM documented increases in transportation, market and/or landfill tipping fee pricing. The initial term of the contract shall be from November 1, 2018 to October 31, 2023. The City may, in its discretion, extend the contract for up to two additional terms of five years each. Decisions to renew or extend the contract may be subject to input as to customer satisfaction (i.e. residential and commercial survey) and the contractor's ability to increase diversion rates and lower carbon impacts. The transition period between contracts will be approximately 4-6 weeks. All containers previously purchased by the City will need to be returned at the termination of the contract. All terms of service shall be confirmed in a written contract reviewed and approved by the City. The City reserves the right to waive any error or irregularity in submittals. Non -responsive submittals may be rejected. The Contract will be awarded to the party who, in the judgment of the City, offers the proposal that most closely conforms to the specifications and requirements in this document. The City may elect to reject all proposals, or it may request that parties clarify their proposals, if necessary. Proposals must include the address, telephone number, email address, and website address for each submitter. The proposal must identify the key persons in the management group who will be responsible for performance of the contract, as well as the point of contact for future communications. Persons having questions about this request for proposals may submit them to Rachel Stenta at (435) 259-2683; or rstentaC�moabcity.orq. Proposals must be delivered via first class mail, courier, or hand delivery no later than 5:00 p.m. (Mountain Time) on October 8, 2018 to: City of Moab 217 East Center Street Moab, UT 84532 Attention: Rachel Stenta 8 Page 335 of 353 8-2 New Business 9/18/2018 10:44 AM EXHIBIT A - RESIDENTIAL SERVICES Residential Solid Waste Container Size Base fee Additional on -call pickup 55 65 96 Bag & Tag Residential Recycling (opt in) Frequency Base Fee Additional on -call pickup 1x week 1x every two weeks 1x month Bag & Tag Residential Recycling (mandatory) Frequency Base Fee Additional on -call pickup 1x week 1x every two weeks 1x month Bag & Tag 9 Page 336 of 353 8-2 New Business 9/18/2018 10:44 AM EXHIBIT B — COMMERCIAL SERVICES Commercial Solid Waste Bid Sheet Container Size Frequency Per Week Base Fee Double/Triple 1 yd dumpster (or equivalent) 1x 2x 3x 2 yd 1x 2x 3x 4yd 1x 2x 3x 6yd 1x 2x 3x 5 Big Bellies 15 yard (Wastewater) as needed n/a 20 yard Open Top as needed n/a 34 yard compactor as needed n/a Commercial Recycling (opt in Container Size Frequency Per Week Base Fee Double/Triple 1 yd dumpster (or equivalent) 1x 2x 3x 2 yd 1x 2x 3x 4yd 1x 2x 3x 6yd 1x 2x 3x 5 Big Bellies 10 Page 337 of 353 8-2 New Business 9/18/2018 10:44 AM Commercial Recvclina (mandator Container Size Frequency Per Week Base Fee Double/Triple 1 yd dumpster (or equivalent) 1x 2x 3x 2 yd 1x 2x 3x 4yd 1x 2x 3x 6yd 1x 2x 3x 11 Page 338 of 353 8-2 New Business 9/18/2018 10:44 AM EXHIBIT C — MUNICIPAL SOLID WASTE COLLECTION Municipal Solid Waste Bid Sheet Facility Name Location Bin Size # Bins Collection Frequency Monthly Cost Schedule Art Center (MARC) 111 E 100 N 96 1.00 2 x 52 Ball Fields 200E Center 96 2.00 2 x week May - Sept 1 x week Oct -April City Gym 203E Center 96 1.00 1/month 52 City Hall 217E Center Ave 2 cyd 1.00 1 x week 52 Facilities - Shop 470 Kane Creek Blvd 2 cyd 1.00 2x week 52 Old City Park 2882 E Old City Park Rd 96 3.00 3 x in season May Sept y p 1 x off season Oct - April Pool (MRAC) 181 N 400 96 1.00 1x week 52 Rotary Park 680 Millcreek Blvd 3.00 3 x in season May Sept y p 96 1x off season Oct - April Swanny City Park 181 W 400 North 96 3.00 3 x in season May - Sept 1x off season Oct - April *option larger carts and less frequent collection s and on -call service. 12 Page 339 of 353 8-2 New Business 9/18/2018 10:44 AM EXHIBIT D - MUNICIPAL RECYCLING LOCATIONS Municipal Recycling Proposed Service Facility Name Location Bin Size # Bins Collection Frequency Monthly Cost Weekly Schedule Art Center (MARC) 111 E 100 N 96 1 Every Other Week 26 Ball Fields Center 96 4 Otherery Week 26 City Hall 217 E Center Ave 30/5 5 4 Every Other Week 26 Old City Park 2882 E Old Park CityRPd 96 2 Every Other WeekPool 26 (MRAC) 181 W 4`" N 96 1 Every Other Week 26 Rec Path 2055 Elk Cir 96 6 Every Other Week 26 RPaaky 680 Mil!creek Blvd 96 2 Every Other Week 26 Swanny City Park 181 W 4`" North 96 10 Every Other Week 26 Downtown Hwy 191 20 14 Every Other Week 26 Lions Park Hwy 191 96 2 Every Other Week 26 Totals 13 Page 340 of 353 8-2 New Business 9/18/2018 10:44 AM EXHIBIT E- INSURANCE REQUIREMENTS For the duration of the Agreement the Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated below and pay all premiums. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled, except after thirty (30) days written notice has been received by the City of Moab." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: Workers' Compensation insurance with statutory limits as required by Utah law. Commercial General Liability and Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. The amount of insurance for each coverage, Commercial General Liability and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. 14 Page 341 of 353 8-2 New Business 9/18/2018 10:44 AM 15 Page 342 of 353 8-2 New Business 9/18/2018 10:44 AM EXHIBIT F CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Moab (the "City") pursuant to this Agreement (the "Agreement"), the Service Provider hereby acknowledges that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a bird party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City in writing. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City in writing. he Service Provider agrees that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation, or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure request under (b) above, the Service Provider shall furnish a copy of the request to the City prior to any disclosure. All document disposal, shredding, or similar services provided by Service Provider shall be performed in such a manner that all confidential information is destroyed or rendered unreadable. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described above, including all electronic copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. 16 Page 343 of 353 8-2 New Business 9/18/2018 10:44 AM EXHIBIT G — ADDITIONAL SERVICES Special Collection Services and Drop Off Frequency Fee (Based on Drop Off Fee Plus Premium) Gallons/YD/Size Household Hazardous Waste Collection Drop - Off Center: Organics - Food Waste Grass / Leaves / Brush / Weeds / Yard Debris / Small Branches / Limbs Pallets - Reusable Condition (Wood or Plastic) Mattress -or- Box Springs — T/F/Q/K Electronic Waste (Computer, Phone) TV - Small/Large - 36" Appliances - Clothes Dryer - Washing Machine - Stove - Dish Washer Hot Water Heater - All Sizes Arm Chair / Recliner / Love Seat / Futon Sofa Large Dresser - Tables - Chairs - Misc Small Furniture - Sink — Toilet Tires Scrap Steel — Metal Refrigerator / Freezer / AC Unit (Any unit that needs Freon Removed) Animal Carcass C and D Debris - Heavy Material (Wood - Sheetrock - Construction Debris) Non -Compacted Household Trash (MSW) Compacted (MSW) - Rear Load - Front Load - Side Load — Compactors Cardboard EXHIBIT H - PROPOSED PROTOCOL FOR AUDITS OF WASTE STREAM 17 Page 344 of 353 8-2 New Business 9/18/2018 10:44 AM The City aspires to be the leader in the community in moving towards Zero Waste through its own initiatives in waste reduction and recycling. Auditing -- in other words, evaluating the contents of trash collection containers and recycling bins -- provides an understanding of the organization's current waste composition, reduction opportunities and employee training gaps. The City will work with its contracted vendor to implement audits using the following specifications: 1. Schedule trash and recycling audits of at least one municipal and commercial building per year • Locations to be agreed upon in advance between City and vendor. • Vendor will be responsible for carrying out audits but will keep the City informed in the event City employees are available to participate. 2. Trash audits will be used to determine how much recyclable material is being inappropriately discarded. 3. Recycling audits will be used to determine how much foreign material is being inappropriately placed in recycling bins, which creates "contamination" that reduces the value of the recyclables. 4. The following categories of materials found during audits will be evaluated: • recyclables • compostables • high volume hard -to -recycle items • trash 5. Containers will be emptied onto tarps laid on the ground for the purpose of auditing. • contents may need to be manually spread out for better evaluation • contents will be quantified with verbal descriptions and general percentages of the overall sample • digital photos will be taken to aid with reporting and assessment • upon completion of audit, all materials/trash will be replaced in original containers for collection on the next scheduled pick-up date 6. A final report will be submitted within four weeks after the audit by the vendor, including pictures of each category of waste found in the trash/recycling container, and recommendations on how to increase the waste diversion of the facility that was audited. 18 Page 345 of 353 8-2 New Business 9/18/2018 10:44 AM EXHIBIT I - REPORTING Tonnage Summary Worksheet SECTION A - Recyclable Materials Collected TOTAL TONS 1. Curbside Recycling Collection Single -stream 0.00 Paper Mix (ONP, OMX,etc) 0.00 0.00 Curbside Total: 0.00 2. Multifamily and Commercial Recycling Single -stream 0.00 Paper Mix (ONP, OMX, etc) 0.00 Corrugated Cardboard 0.00 0.00 Comm Total: 0.00 3. Drop-off Systems (e.g., grocery stores) Paper Mix (ONP, OMX, etc.) 0.00 Corrugated cardboard 0.00 Commingled containers 0.00 Drop-off System Total: 0.00 TOTAL TONS 0.00 4. Yard and Wood Wastes (Cubic Yards) Yard Wastes (Residential) 0 Yard wastes (Commercial) 0 Construction and Demolition 0 Total cubic yards: 0 TOTAL TONS Section B - Number of recycling customers on Dec 31, 2019: 1. Residential 0 2. Multi -family 0 3. Commercial 0 Total rec customers: 0 4. # of drop-off sites 0 19 Page 346 of 353 8-2 New Business 9/18/2018 10:44 AM SECTION C - Cubic Yards of Solid Waste Collected Total Cubic Yards Compacted (Residential) Compacted (Commercial) Roll -off Compacted MSW Roll -off Loose MSW 20 Page 347 of 353 8-2 New Business 9/18/2018 10:44 AM Exhibit J - COST & ACCOUNT DATA RESIDENTIAL & COM RCIAL TRASH ACCOUNTS - SECTOR 2018 Apartments 21 Commercial 312 Condos 17 Institutional 46 Motels 124 Residential Multi -Family 14 Single Residential 1691 Trailers 11 Total 2236 21 Page 348 of 353 8-2 New Business 9/18/2018 10:44 AM RESIDENTIAL TRASH COSTS `2009 Container Size MONTHLY 95 GAL 16 ADDITIONAL 95 GAL 22 3RD 95 GAL 28 CENTRALIZED COLLECTION - - PER RESIDENT REGARDLESS OF CONTAINER SIZE 15 COMMERCIAL TRASH COSTS '2009 1X week 2X week 3X week 4X meek 5X week 6X week 7X week 2 CUBIC YARDS 48 86 122 156 187 201 223 (2) 2 CUBIC YARDS 96 172 244 312 374 402 446 (3) 2 CUBIC YARDS 144 258 366 468 661 603 669 RESIDENTIAL TRASH ACCOUNTS `1999 1 CAN (as of January 1999, will increase during summer months) 1,572 2 CANS 70 3 CANS 2 COMMERCIAL TRASH ACCOUNTS '1999 1Xweek 2Xweek 3Xweek 4Xweek 5Xweek 6Xweek 7Xweek 95 GAL 84 0 0 0 0 0 0 300 GAL — 1 CAN 60 41 25 3 3 4 16 300 GAL — 2 CANS 4 2 4 1 3 2 7 300 GAL-3 CANS 3 1 0 0 1 0 8 300 GAL — 4 CANS 0 0 2 0 1 8 2 This data is provided for informational purposes and serves only as estimates. 22 Page 349 of 353 8-2 New Business Moab City Council Agenda Item Meeting Date: September 25, 2m8 Title: Resolution #46-21318—A Resolution Amending the Fiscal Year 2m8/2m9 Budget Presenter: David Everitt Attachment(s): • Memo to Council • Draft resolution (will be provided on September 21, 2018) Suggested Motion: I move to set October 9, 2018 as the public hearing date for Resolution 46-2m8 - A Resolution Amending the Fiscal Year 2018/2019 Budget. Background/Summary: From time to time, it is necessary to amend the adopted annual budget to adjust revenues and expenses, account for unplanned budget items, and re -prioritize spending. This amendment comes to you a little earlier than usual in order to accommodate the expected revenues and expenses associated with the Walnut Lane property purchase, but also includes some other proposed changes in the General Fund, the Capital Projects Fund, the Culinary Water Fund, and the Sewer Fund. Overall, the recommended changes would result in an additional $468,568 in General Fund expenditures, which would be balanced by General Fund balance and a small increase in ongoing revenues. The Water and Sewer Enterprise Funds see small adjustments to account for additional revenue related to impact fees, and the Sewer Enterprise Fund will receive additional contingency funds related to the water reclamation facility bond that may be used for other sewer -related projects. Details are in the included memo. 1 Page 350 of 353 8-3 New Business September 19, 2018 To: Moab City Council From: David Everitt Re: Budget Opening #1, FY 2018-19 Dear Mayor and Councilmembers, From time to time, it is necessary to amend the adopted annual budget to adjust revenues and expenses, account for unplanned budget items, and re -prioritize spending. This amendment comes to you a little earlier than usual in order to accommodate the expected revenues and expenses associated with the Walnut Lane property purchase, but also includes some other proposed changes in the General Fund, the Capital Projects Fund, the Culinary Water Fund, and the Sewer Fund. Overall, the recommended changes would result in an additional $468,568 in General Fund expenditures, which would be balanced by General Fund balance and a small increase in ongoing revenues. The Water and Sewer Enterprise Funds see small adjustments to account for additional revenue related to impact fees, and the Sewer Enterprise Fund will receive additional contingency funds related to the water reclamation facility bond that may be used for other sewer -related projects. Of the recommended expenses in the General and Capital Funds, $389,727 is one-time and $78,841 is ongoing. This amendment also recommends creating a separate Affordable Housing Fund, transferring the $240,00o from the General Fund that is already budgeted. Here are the departmental specifics: Revenue - Overall, revenue trends appear to be steady, but it's too early in the fiscal year to make any adjustments to tax revenue. - Small adjustments are proposed to the plan check fees, donations, and sale of property line items. $45,966 ongoing. - Final FY18 numbers are still forthcoming, but we anticipate being over the statutory fund balance maximum by approximately $200,000. That amount will be transferred to the Capital Projects Fund when finalized. Expenses - Administration: o Fireworks. Per the information from Grand County, the cost of the 4t'' of July fireworks production is increasing. The City and the County split the expense. $4,000 ongoing. Page 351 of 353 8-3 New Business o Electeds travel and training. Council and Mayor travel, training, and food has eaten (!) into the Executive line items. These small additions should keep us in the black for the year. $5,000 ongoing. - Planning and Development: o Dam appraisals. The Department needs to commission a set of appraisals of the storm water control dam at the east end of Center Street. Appraisals are necessary to secure a formal access to the top of the dam for repairs and cleaning., and generate valuations of the White and Cozzens parcels to possibly begin settlement negotiations. $25,000 one time. Police: o Recruitment and retention pilot program. The Police Department asks that the Council formally review the request to fund officer recruitment and retention, but proposes that the funds be part of the Departmental budget, as opposed to coming from the affordable housing setaside. This is a follow up item from last spring's budget deliberations when the Council discussed the proposal, but no formal decision was made. $29,5oo ($59,000 ongoing). o Cat support. Cat -specific funds were gifted to the City, most of which were spent on the animal shelter improvements (also known as the Cattery). The unspent funds are being rebudgeted here to go toward feline operational needs. $37,92o one-time. - Public Works: o Restroom maintenance and upkeep. As requested, an additional Parks Service Worker is proposed to focus on parks and facilities restroom maintenance and upkeep. With the addition of the BMX park bathroom and the overall increase in use by residents and visitors, there's a need to service public restrooms more frequently. $4o,341($80,681 ongoing). - Capital Projects: o Grant receipts. The City received some small grant funds for riparian related projects along with the Rocky Mountain Power grant for the EV charging stations. $56,693 one time. o Transfer from General Fund. This is a balancing number to cover Capital Project expenses. $326,807 one time. o 1ooW. Project management. Engineering requests that the additional costs for project management for the iooW. improvements be added to the budget, instead of draining Engineering's Professional and Technical services line item or taking from the project budget itself. The Council has already approved the task order for the project. $ioo,000 one time. o Public Works building space assessment. Public Works requests funds to pay for the space assessment work that will provide data regarding the expenses associated with building a new Public Works office and yard. Funds were budgeted in FY18 $45,000 one time. o MARC improvements. The MARC is planning to complete the bulk of their renovations within the year, but needs additional funds to do so. These funds would primarily pay for new windows. $8o,000 one time. o BMX bathroom solar power. The new BMX Park bathroom could be set up as a standalone photovoltaic -supplied facility, which would be around $5,000 more 2 Page 352 of 353 8-3 New Business than simply hard -wiring into the grid. Regardless, this project needs some additional funds to complete the electrical installation. Project costs came in higher than originally budgeted for, in part due to increases in concrete costs. $12,000 one time. o Retro-commissioning of City facilities. The City is ready to invest in the retro-commissioning process for City Center ($32,000), the MRAC ($32,000), and the Center Street Gym ($23,5oo). This process is expected to achieve demand and energy savings through the implementation of low-cost and no -cost measures, improve system operations, and, in many cases, improve occupant comfort. $87,500 one time. o Council chambers communication improvements. Upgrades to the council chambers include the ability to hold videoconferences, better audio conferences, and tying in the video transmission to the audio system. $13,000 one time. o Other City Center improvements. We recommend additional funds for office space for new positions and some shade structures for bike parking. $15,000 one time. o EV charger installation. These expenses are what the Rocky Mountain Power grant will reimburse. Other expenses associated with this project were expended in FY18. $26,300 one time. - Water Enterprise Fund: o Impact fee revenue. Based on actuals to date and anticipated projects, this amount is increased. $20,000 one time. - Sewer Enterprise Fund: o Existing facility fee. Based on actuals to date, this amount is increased. $25,000 ongoing. o Impact fees. Based on actuals to date and anticipated projects, this amount is increased. $12o,000 one time. o WRF overtime. The transition from the current facility to the new facility has required additional overtime for city employees. $7,000 one time. o WRF electricity. The new facility will use significantly more electricity, and actuals indicate the need to increase the annual budget accordingly. Once the photovoltaic panels are operational and the expenses related to water use are factored in, it's possible this amount will decrease in future years. $75,000 ongoing. 3 Page 353 of 353 8-3 New Business