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)
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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
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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ZIONS PUBLIC FINANCE, INC.
City of Moab
USU Project Area Market Study
Prepared by
Zions Public Finance, Inc.
July 27th, 2017
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The following report highlights conclusions of a study completed by Zions Public Finance, Inc. (ZPFI)
regarding the potential formation of a Community Reinvestment Area (CRA) in Moab. This study is
essential to understanding the potential amount of tax increment that could be generated through a CRA.
Executive Summary
This analysis has considered the study area defined on the associated maps. The anticipated placement
of the USU extension campus is noted, which is a key feature dictating future demand and absorption of
residential and commercial uses in the area. The findings are summarized below:
• University extension centers in other parts of the state have been economic drivers for certain
sectors, including new needs for residential housing;
• Affordable housing has become less feasible due to high labor costs and overall shortages in the
construction labor market. There are opportunities, however, for housing that can better meet
the needs of the existing workforce in Moab;
• Demands for student housing will be moderate, with comparable communities showing that
commercial uses will also be eventually supported, albeit at fairly nominal amounts;
• Absorption in the area will initially be limited, but will increase with more critical mass in the
neighborhood and development from USU;
• Historical records show limited absorption and new growth. The USU Moab site, however, will
result in a draw to the area that will aid growth at a more rapid pace;
• Upwards of 20 to 25 new residential units per year can be anticipated within the study area for
the first few years of study, while an overall increase of near 10,000 square feet of retail and
near 4,500 square feet of office space are estimated to gradually be built within the next 20
years;
• Construction costs and land prices for the study area will result in initial market values near
$200,000 to $260,000 per unit. Current mortgage rates result in these types of homes being
available to earners of $40,000 or more per year.1 But HUD guidelines for affordability suggest
that no more than 30 percent of income be spent on housing and utilities; and
• The second-home market is currently healthy throughout Utah, particularly in tourism-heavy
locations. Recent years have shown an increase in second-home construction in Moab, and the
potential of additional secondary units in the study area is considered herein.
Market Study Summary
As reflected on the map, a significant amount of open space exists in the area, with primarily residential
uses and limited commercial comprising the neighborhoods. The main thoroughfare bisects the study
area, and is a key component in determining the feasibility of future uses.
Economic conditions in Moab are favorable at present in most sectors, due largely to an expanding
tourism industry and strong, overall economic conditions in the State of Utah. Moab, however, has
notably differing demographics than the State, which presents unique challenges and opportunities.
1 Assumes 20% down payment, solid credit rating, and rates at current levels under 4.0%.
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Median ages are higher than the State, household sizes are notably lower, and population growth is
more subdued than statewide. Affordability indexes note some barriers to entry for new employment
and/or employment that pays wages near median levels.
Maps included in this summary show the current delineation of commercial and residential properties.
Primarily, commercial uses are situated along Highway 191, the major thoroughfare in the area.
Residential neighborhoods are found on both sides of the right-of-way, as are areas of vacant land. The
following map shows a color-coded breakout of residential and commercial properties, with the more
detailed study area showing an overall lack of development. While some commercial and residential
properties are noted on the borders of the potential CRA, the space is primarily characterized by open
area. It is also notable that the study area represents the largest developable area in the downtown
region, suggesting significant opportunity for focused growth.
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Vacant parcels are highlighted on the associated map within the project area, as well as throughout the
City. While a significant amount of vacant area is still available, a large majority is removed from
downtown, and/or has slope-related issues. Consequently, those sites are less desirable than the
project area. Active brokers and developers in the area note that the property surrounding the campus
area include some of the most desirable large tracts in the City.
Existing housing product in Moab shows limited new construction, although the majority of newer
projects are in close proximity to the subject study area. The associated map highlights the age of
residential units built, with the red and orange coloring noted to be fairly concentrated near the USU
campus development area. Brokers active in Moab report that there is a lack overall of affordable,
newer housing stock in the City, and that significant portions of the older product that are reasonable in
terms of price, are in conditions that would require significant renovation. Demand exists for homes
less than 2,500 square feet at prices that correlate to median incomes.
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Historical absorption shows the following for construction of residential properties in Moab, per the
County Assessor.
TABLE 1: NEW RESIDENTIAL CONSTRUCTION BY YEAR
Historical New Construction 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016
Moab and Surrounding Area - Assessor Data 101 117 82 124 37 28 61 46 61 58 77 48
Just Moab 16 15 29 15 22 27 37 31
Construction within Moab and the surrounding areas, as reported by the Assessor, has averaged 58
units per year over the past five years. For just Moab, based on Assessor data, the average is shown at
24 units.
The demand for new residential units can be estimated by using historical data, as well as assumed
population growth. Historical and projected future trends show annual population growth at 0.5 to 0.75
percent. As shown on the attached spreadsheet, this amounts to increases of near 25 to 40 residents
per year. Average household sizes are presently represented in Moab at 2.3, suggesting an annual need
for near 13-15 units citywide. Historical construction for just Moab is noted to be significantly higher, at
24 units per year over the past eight years. Some of the new construction is replacement of existing
inventory or non-primary residential units, and consequently does not represent population growth.
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Second-home construction is noted to have increased significantly in the past two years, following a
trend that appears to be occurring throughout Utah, particularly in tourism-focused locations. Second
homes typically do not occur due to increases in employment offerings, but rather as tourism
communities become more established and provide necessary services and amenities. For Moab, the
following table highlights recent years of second home construction, and the percentage of these homes
compared to total construction:
TABLE 2: SECOND HOME CONSTRUCTION IN MOAB
Consideration is given for the amount of capture that the subject study area will garner of the citywide
demand. Again, while other vacant land parcels do exist within the City, the project area represents a
desirable area with a notable draw, and is in a submarket that has experienced some new residential
construction in past years. Brokers interviewed for this assignment suggested that the property could
capture as much as 50 to 100 percent of new construction in the next five to ten years. Complete
capture appears to be overly optimistic based on the amount of vacant land in other areas. A rate of 70
percent is utilized herein for purposes of this study. At a capture rate of 70 percent, a total of roughly 9
to 17 units could be absorbed in the area per year, based on historical construction trends and forecast
population growth.
Second Homes - New Construction 2011 2012 2013 2014 2015 2016
Number of second homes built 19 9 14 9 53 25
Percent of second homes to total new construction 31% 20% 23% 16% 69% 52%
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Consideration is made for increased population growth based on the USU plans. Upwards of 500
students have been forecast, and the lack of neighboring communities suggests that a number of these
students may not be transitory. Most other extension centers throughout the State are in areas of more
dense population or have more population within acceptable driving times. Consequently, while they
influence housing and commercial property markets, the USU extension in Moab has more potential to
create real estate needs. Nonetheless, most extension centers have offerings that only require students
to attend the campus a few times per week, thereby allowing for concurrent employment situations
and/or transit back home to other communities. Median ages at extension campuses are notably higher
than at traditional facilities, with the populace often returning to school to complete unfinished degrees
or to obtain additional, specialized training.
If USU Moab results in creating a more educated workforce, an expansion of job possibilities will occur.
Furthermore, jobs associated with USU will create housing needs and expand population at rates that
are beyond those presently forecast. Consequently, the previous range of 9 to 17 units per year in the
study area is potentially low, due to the likelihood of population growth. Furthermore, as noted above,
second home construction appears to be on the rise in Moab, and is additionally increasing throughout
numerous communities in Utah. Consequently, this analysis utilizes 20 to 25 units per year for the initial
five years, and then 25 to 30 units per year after that period. An initial “bump” is considered, as new
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construction often results in a period of pent-up demand. It also considers that there are numerous
entitled projects for the area. However, with the reported phasing of the campus, the impact may not
be significant in initial years.
Competitive markets have shown that more rapid growth often occurs after the first few developments
have been established. A housing community in Wasatch County that neighbors a Utah Valley
University extension center saw moderate growth in the first few years following completion of the
educational facilities. As the campus has become a more permanent fixture in the area, demand for
housing has increased. Additional residences are being constructed right now at absorption rates above
those following the first few years after development.
Current entitlements are also briefly considered. A significant number of housing units are entitled for
the study area, with projects ranging in size from roughly 70 to upwards of 400 units. While these
developer actions suggest healthy interest in the area, they do not equate to near-term or future needs.
Developers seek as many entitled units as possible, allowing for future flexibility and maximizing value.
The driver of whether these entitlements will come to fruition will be employment, as is the case in
other communities throughout Utah. While the campus will certainly provide for employment growth,
this has previously been considered in the absorption estimates.
The potential for apartments is herein discussed. Some students will require apartment living, or,
shared housing. Traditional universities result in solid demand for nearby housing, while extension
centers have historically had nominal impact for student residences. The ability for students to attend
for only a few days during a week creates opportunities for commuting. If enough critical mass is
ultimately achieved at the USU campus, then eventual apartment construction may be feasible. It will
likely be limited, however, unless program offerings are such that students find commuting
cumbersome.
The prevalence of temporary rentals, shared housing, and opportunities such as Airbnb, are noted to be
significant in Moab. The tourism industry has resulted in a strong supply of temporary rentals, with
rates of standard units currently slightly prohibitive of significant new apartment construction. The
availability of second homes in Moab has also created a rental market that allows for low-cost
opportunities in the area. Consequently, no apartment construction is initially forecast for the area
without more concrete plans of USU program offerings and student growth projections.
Construction costs, as gathered from active firms in Grand County and throughout the State of Utah,
show potential values for residential development. Land costs were also estimated, based on available
properties, recent sales, and broker representations. Total costs of construction, plus adequate profit
for development, result in potential market values near $130 per square foot. Some sources indicate
prices as low as $110 a square foot, while others were in excess of $150 to $160 per square foot. The
availability of labor is a key component in the present market, as material costs have remained fairly
stable, but labor shortages have caused employment costs to escalate. Considering median home sizes
between 1,500 and 2,000 square feet, market values are suggested from near $200,000 to $260,000.
This also suggests minimal lot sizes, as the profit margins require some moderate housing density in
order to be financially feasible. Overall, current mortgage rates suggest that earners of incomes in
excess of $40,000 could qualify for loans at the noted price ranges.
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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.
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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.
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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.
####
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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
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TITLE 4
SPECIAL EVENT AND STREET PERFORMER PERMITS
Chapters:
4.01 Purpose.
4.02 Definitions.
4.03 Special event permits required --application and review procedure.
4.07 Serving alcohol at special events.
4.09 Concurrent event applications.
4.11 Special event application denials, revocations, and appeals.
4.12 Street performers.
4.13 Fees.
4.15 Sales tax collection by applicant or vendors.
4.17 Civil or criminal enforcement.
4.19 Special event permit renewal.
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Chapter 4.01
PURPOSE
The purpose of this Title is to establish clear procedures through which a proposed special event
or street performance may be permitted within the City of Moab. Special events are an integral
component of the economy and sense of identity of Moab. Special events frequently impact
businesses, neighborhoods, and normal day-to-day municipal functions, which is why the City
sets forth below specific procedures and requirements to mitigate those impacts while ensuring a
safe and successful event or street performance.
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Chapter 4.02
DEFINITIONS
The following definitions apply to this Title:
"Applicant" means the person, persons, or entity submitting an application under this chapter and
who is responsible for the conduct of the event. The applicant signs the special event permit
application and all other documents relevant to the event. The applicant is legally responsible for
compliance with all terms of an issued permit.
"Charge" shall be defined as requiring someone to pay a fee or to set, negotiate or establish a fee
for a performance Seeking voluntary contributions through passing around a hat, leaving an
open instrument case or other receptacle, or soliciting donations after a performance is not
defined as a charge.
"Debriefing" means a meeting held by the Special Events Review Committee (SERC) within
thirty 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.
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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
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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.
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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.
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3. Level II events may apply no earlier than one year prior to the requested date of the
event.
B. All event applications will be reviewed to determine if the applicant has provided
sufficient plans (including proof of financial responsibility and other licenses), equipment,
personnel, and facilities to provide for the safe and orderly conduct of the event without
imposing an unreasonable burden on public services, other businesses, or adjacent residents.
Depending on the type and size of the event, the special event coordinator may require the
applicant to submit additional documentation prior to review by SERC, which may include 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.
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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.
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Chapter 4.07
SERVING ALCOHOL AT SPECIAL EVENTS
Sections:
4.07.020 Alcohol at public spaces.
4.07.030 Application.
4.07.040 Operational restrictions.
4.07.020 Alcohol at public spaces.
A. Public events at City -owned facilities. The serving, consumption, and sale of
alcoholic beverages at public events held at City -owned facilities, including parks, public streets,
and sidewalks, may be permitted by the City Manager on a case -by -case basis as part of the
special event permitting process.
1. Serving of alcohol shall be limited to the hours of ten a.m. until nine p.m. during the
event.
2. Areas designated for the serving of alcoholic beverages must be located at least one
hundred feet away from designated playgrounds, the skate park, and similar facilities.
B. Private events at the MARC. 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
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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.
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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.
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J. Minors shall not be permitted to serve or dispense alcoholic beverages, nor shall they be
permitted to consume or purchase alcoholic beverages at the event.
K. Alcoholic beverages shall be sold on a per serving basis; "all you can drink" or similar
events where beer is served without limitation upon paying a fixed price are prohibited.
L. Licensees shall properly train all event personnel on all operational restrictions, and shall
assure that alcoholic beverages are not served to obviously intoxicated persons.
M. The licensee shall provide adequate event security, given the nature of the event and the
expected number of event patrons.
N. No event sponsor or other person shall charge an admission fee or otherwise charge a
price for alcoholic beverages served and consumed in any public place, except in conformity
with the provisions of this Title and Title 5.20. Violation of this subsection is a strict liability
offense and shall be punishable as a Class C misdemeanor.
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Chapter 4.09
CONCURRENT EVENT APPLICATIONS
Complete applications will be reviewed in the order that they are received. If it is found that
another event has already been approved for the dates requested in a pending application, the
applicant will be notified and given the opportunity to change the event dates so as not to overlap
with any other event. If no date change is selected, the decision to allow multiple events on the
same dates will be made by the SERC or the City Council, as applicable. The determination will
be based upon the following considerations:
Whether the events will adversely impact one another or create unreasonable burdens on
the public health, safety, or welfare;
The geographic separation of the events;
The proposed time and duration of the special events;
Anticipated attendance volumes;
The demands upon public safety personnel, equipment, and/or transportation services; and
Anticipated traffic and parking impacts of the events.
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Chapter 4.11
SPECIAL EVENT APPLICATION DENIALS, REVOCATIONS, AND APPEALS
Sections:
4.11.020
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;
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2. Failure by the permittee to comply with other City ordinances or Utah laws;
3. Any violations- of the Utah Beverage Control Act;
4. False, inaccurate, or misleading statements by the applicant or permittee in the
application for a permit under this chapter, or in any supporting documentation; or
5. A serious breach of the peace, riot, or significant unlawful activity occurring within
or adjacent to the event venue and/or involving event participants, the permittee, its
agents, or employees.
B. The City shall deliver written notice of revocation to the permittee for the causes identified
in subsections (A)(1) through (4) of this section. The permittee may appeal any such revocation
as provided under this chapter.
C. Any City enforcement officer may enter the premises of any event permitted under this
section at any time to determine compliance with all applicable laws and conditions. Any law
enforcement officer who reasonably believes that an event is out of compliance with applicable
laws and conditions shall have the authority to curtail or terminate the event.
4.11.040 Appeal procedure.
A. Any special event applicant adversely affected by a permitting decision under this chapter
may appeal as provided in this section.
B. Appeals of decisions by the special events coordinator, SERC, or the City Council shall be
appealed to the appeal authority by delivering written notice to the City no later than seven
calendar days from the date of the decision or order which is the subject of the appeal. The
appeal authority shall promptly hold a hearing, and any appeal authority decision shall be final.
C. In any appeal proceeding, the appeal authority shall only overturn the decision that is the
subject of the appeal if it is found to be arbitrary, capricious, or unlawful.
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Chapter 4.12
STREET PERFORMERS
Sections:
4.12.020 Rules and Regulations.
4.12.030 Performance permit --Application.
4.12.040 Permit --Issuance.
4.12.050 Grounds for denial.
4.12.060 Permit --Display.
4.12.070 Permit --Nontransferable.
4.12.020 Rules and regulations.
A. No street performer may perform or solicit contributions for a performance:
1. Within ten feet of any street corner or marked pedestrian crosswalk.
2. Within ten feet of the outer edge of any entrance to any business, including but not
limited to doors, vestibules, driveways, outdoor dining area entries and emergency
exits during the hours that any business on the premises is conducting business,
without express written permission from the affected business or business.
B. A street performer may not block or obstruct the free movement of pedestrians. If a
sufficient crowd gathers to observe a performer such that a passage of the public through a public
area is blocked or obstructed, a police officer or other City official may disperse that portion of
the crowd that is blocking or obstructing passage of the public.
C. A street performer who performs for a charge shall obtain an appropriate business license
as provided for in Moab Municipal Code.
D. No street performer may litter his or her performance site.
E. No street performer shall place any object on a public sidewalk which causes less than a
four foot contiguous sidewalk width to be kept clear for pedestrian passage.
F. No street performer shall perform on any public sidewalk with more instruments, props,
equipment or other items than the performer can reasonably transport or remove at one time.
G. No street performer shall perform in contravention to the allowable noise levels
established by Municipal Code Chapter 17.74
H. No street performer shall block or obstruct a curb cut.
I. No street performer shall connect or maintain an electrical cord to an adjacent building or
to a City power source, except as part of an approved use of a public park.
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J. Street performers utilizing outdoor private property must obtain written permission from
the property owner to engage in a performance.
K. Any street performer meeting one or more of the following conditions shall obtain a
performance permit as provided for in this chapter prior to engaging in a performance:
1. The performance involves more than two performers, unless said performance is in
an established public park, subject to the reservation requirements and use
regulations of the park.
2. The performance involves the use or construction of any stage, platform or similar
structure for use during any performance.
3. The performance involves the use of amplified music or sound.
4. The performance involves any advertising off the premises of the performance,
including flyers, posters and signs.
5. The performance involves an admission charge.
6. The performance involves the use of knives, swords, torches, axes, saws, fire, whips,
lassos, drones or other potentially dangerous objects or involves acrobatics, tumbling,
unicycling, breakdancing, stilts, trampolines, pogosticks, karate, human pyramids, or
other potentially dangerous activity.
4.12.030 Performance permit --Application.
A street performer requiring a permit must complete and file with the City a performance permit
application on a form approved by the City. A street performance with multiple performers need
only obtain one permit. The applicant must provide the following information:
A. The names, addresses and contact information for all individuals performing under the
permit.
B. If a group is performing under a permit, a designation of the individual(s) who will be
responsible for compliance with the provisions of this chapter.
C. A detailed description of the nature of the act to be performed, including props, music,
structures used, and any advertising methods.
D. The proposed location and time, dates, and duration of the performance(s).
E. If within ten feet of or on private property, a statement of authorization from the affected
property owner(s).
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4.12.040 Permit --Issuance.
Upon review of a performance permit under this chapter, the City Manager will determine if the
application is satisfactory. The City Manager may consider the health, safety and welfare of the
public and the performer(s) when determining if the application is satisfactory. The City
Manager may place conditions on the issuance of the permit relative to the time, location and
manner of the performance. After City Manager's approval, the City Treasurer will issue a
performance permit showing the number of the permit, the date of issuance, the nature of the
performance, the location(s) of the performance, the dates and time of the performance(s), and
the name or names of the person(s) authorized to carry on same.
4.12.050 Grounds for denial.
A performance permit may be denied if the proposed performance is deemed to be a significant
threat to public health, safety and welfare.
4.12.060 Permit --Display.
The permit issued under this chapter shall be kept on or about the persons authorized to perform
under the permit.
4.12.070 Permit --Nontransferable.
Any permit issued pursuant to this chapter is not transferable by the permittee.
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Chapter 4.13
FEES
Sections:
4.13.020 Permit fees.
4.13.030 Service fees.
4.13.040 Deposit.
4.13.050 Waiver of fees.
4.13.020 Permit fees.
A. All fees associated with special events and street performers shall be set according to the fee
schedule established by the City Council.
B. If applicable, a park rental fee is due with the permit application.
4.13.030 Service Fees.
The City may require payment of a City service fee to cover the cost for additional City services
arising from a event. Additional City services include, but are not limited to, labor costs for City
personnel, rental costs for the use of City equipment, and other direct costs for the use of City
facilities and/or City utilities. The City service fee shall be estimated on a case by case basis,
and shall be paid in full at the time of application. Additional charges may be assessed to the
permittee after the event has ended.
4.13.040 Deposit.
The City may require any applicant to post a cash deposit or other security approved by the City
Attorney to cover all estimated contingent costs prior to the issuance of a Level II special event
permit, as a guarantee against fees, damages, clean-up, or loss to public property. The City may
retain any such deposit to cover applicable fees, damages, clean-up costs, or repairs to public
property or facilities. The unexpended balance of any deposit shall be promptly returned to the
applicant no later than thirty days from the conclusion of the event.
4.13.050 Waiver of fees.
The City may waive fees related to special events only in the case of an application for a speech
event.
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Chapter 4.15
SALES TAX COLLECTION BY APPLICANT OR VENDORS
Unless exempted by Utah law, an applicant for a special event that includes vendor sales or
concessions shall either:
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.
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Chapter 4.17
CIVIL OR CRIMINAL ENFORCEMENT
A knowing violation of this chapter or any permit issued under this chapter by the applicant or
permittee may be punishable, at the election of the City, as a Class B misdemeanor, as defined
under the Moab Municipal Code or Utah statutes.
Alternately, the City may proceed to obtain civil injunctive or declaratory relief to halt or abate
any violation of this chapter or any permit issued under this chapter. Proof of a violation shall be
sufficient to obtain an injunction, which shall be issued without the requirement of bond. In
addition to any other relief, in any civil enforcement action the City may recover its reasonable
attorney fees and court costs against the applicant, permittee, or other person who may be in
violation of this chapter.
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Chapter 4.19
SPECIAL EVENT PERMIT RENEWAL
Permittees who successfully complete a special event under the provisions of this chapter and
who wish to have the event on an annual or periodic basis can request renewal during the
debriefing meeting. Permittees who do not attend the debriefing meeting will not be given
priority for renewal.
If a positive recommendation is given by the SERC, the permittee's dates for the next event will
be reserved and the application for renewal may be submitted.
Event levels for renewals will be determined through the renewal process based on evidence of
attendance and the needs of the event.
An application for renewal may be subject to denial if the event resulted in significant negative
impacts, violations of the permit, or other violations as documented by the SERC. A person
denied a renewal may appeal that decision as provided by this section 4.11.040 of this Title.
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Title 5
BUSINESS LICENSES AND REGULATIONS
Chapters:
5.04 Business Licenses Generally
5.20 Alcoholic Beverages
5.21 Regulating the Retail Sale of Tobacco Products
5.32 Pawnbrokers, Secondhand Dealers and Junk Dealers
5.60 Franchises
5.64 Vendor, Peddler, Solicitor, and Miscellaneous Merchant Business Licenses
5.67 Short-term Rental Licenses
5.80 Home Occupation Licenses
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Chapter 5.04
BUSINESS LICENSES GENERALLY
Sections:
5.04.010 Business license required.
5.04.015 License compliance.
5.04.020 Business license fee.
5.04.030 Application.
5.04.040 Grounds for denial.
5.04.050 Appeal of license denial.
5.04.060 License term, renewal, display, change of address.
5.04.070 Assignment prohibited, application upon transfer.
5.04.080 License revocation, grounds.
5.04.090 Revocation procedure, right to cure.
5.04.100 Collection action.
5.04.110 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
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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;
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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;
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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.
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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
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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.
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Chapter 5.08
TRANSIENT MERCHANTS
[This Chapter is repealed in its entirety.]
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Chapter 5.09
SPECIAL EVENT PERMITS
[This Chapter is repealed in its entirety and replaced by proposed MMC Title 4.]
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Chapter 5.14
LOCAL VENDORS, PEDDLERS AND SOLICITORS
[This Chapter is repealed in its entirety and replaced by proposed MMC Chapter 5.64.]
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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.
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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.
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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
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C. Persons under the age of twenty-one are permitted to purchase or drink alcoholic
beverages; or
D. Laws or ordinances are violated by a licensee or its agents or patrons with the consent or
knowledge of licensee upon such premises which tend to affect the public health, peace or
morals; or
E. Any sign is displayed which is obnoxious, gaudy, blatant or offensive.
5.20.070 Place of business.
A. "Place of business," as used in connection with the issuance of an alcoholic beverage
sales license shall be deemed to include cafes, restaurants, public dining rooms, cafeterias,
taverns, cabarets and any other place where the general public is invited or admitted for business
purposes, and shall also be deemed to include private clubs, corporations and associations
operating under charter or otherwise wherein only members and their guests are invited.
Occupied hotel and motel rooms that are not open to the public shall not be deemed to be places
of business as herein defined.
B. A "place of business" shall not be defined to include City -owned facilities, including
parks, where such facility is used and occupied pursuant to a special event use license and
alcoholic beverages are served in accordance with the license and all applicable City regulations,
codes, and state statutes.
5.20.075 Premises.
"Premises" means any building, enclosure, room, equipment or other designated areas used in
connection with the sale, storage, service, manufacture, distribution or consumption of alcoholic
products, unless otherwise defined in this chapter or in the rules adopted by the Alcoholic
Beverage Control Commission.
5.20.080 Restaurant.
"Restaurant," means any business establishment where a variety of foods are prepared and
complete meals are served to the general public, located on a premises having adequate culinary
fixtures for food preparation and dining accommodations, and that is engaged primarily in
serving meals to the general public.
5.20.100 Sell or offer for sale.
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"Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for consideration, an
alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for
value, or by a means or under a pretext is promised or obtained, whether done by a person as a
principal, proprietor, agent, or as staff, unless otherwise defined in U.C.A. Title 32B, the
Alcoholic Beverage Control Act.
ARTICLE II. LICENSES AND LOCAL CONSENT
5.20.115 Alcoholic beverage sales regulated.
The City of Moab regulates the sales and commercial serving of alcoholic beverages in
accordance with all applicable sections of Utah Code Annotated, Title 32B, unless a provision of
this Chapter specifies a distinct procedure or parameter.
5.20.120 Wholesale sale of beer.
It is unlawful for any person to engage in the business of selling beer at wholesale within the
limits of the City without first obtaining a license therefor from the Alcoholic Beverage Control
Commission of Utah.
5.20.130 Retail sale of alcoholic beverages.
It is unlawful for any person to engage in the business of retail sales of alcoholic beverages
within the corporate limits of the City without first having procured a license from the Alcoholic
Beverage Control Commission of Utah. A separate state license shall be required for each place
of sale and the license itself shall identify the specific premises covered thereby and such license
shall at all times be conspicuously displayed in the place to which it shall refer or for which it
shall be issued. All licensees shall comply with the provisions of the Alcoholic Beverage
Control Act of Utah and the regulations of the Alcoholic Beverage Control Commission and this
chapter.
5.20.140 Purchase of alcoholic beverages for resale.
It is unlawful for any licensee to purchase or acquire or to have or possess for the purpose of sale
or distribution any alcoholic beverages except that which he or she shall have lawfully purchased
from a brewer, wholesaler, or retail outlet licensed under the provisions of the Alcoholic
Beverage Control Act of Utah.
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5.20.150 Retail Alcohol license classification and local consent --Generally.
A. Any person who, at the time of applying for a business license, intends to operate a
restaurant, bar, or special event where alcoholic beverages are sold for on -premise consumption,
shall disclose that information on the application under this title.
B. As provided by state statute, all potential licensees shall obtain written local consent from
the City Manager before applying for an alcohol license from the State of Utah. Applicants
subject to this section shall obtain and maintain a current valid Alcoholic Beverage license from
the State of Utah, and shall comply with the procedures and standards contained in this title and
in the Utah Alcoholic Beverage Control Act.
C. Retail licenses shall be classified in accordance with the categories enumerated in the
Utah Alcoholic Beverage Control Act, and shall carry the privileges and responsibilities
hereinafter set forth in this chapter and in Utah state law.
D. Nothing in this section or in section 5.20 shall be construed to supersede or waive any
provision of the Utah Alcoholic Beverage Control Act, or to permit the distribution of alcoholic
beverages other than as provided in the Utah Alcoholic Beverage Control Act.
E. Issuance of a business license under this title shall not constitute "local consent" as
defined by Title 32B of the Utah Alcoholic Beverage Control Act unless the applicant discloses
its intent to serve alcoholic beverages and the application is processed in accordance with this
section. Business licensees who later wish to obtain an alcoholic beverage license shall obtain
the necessary local consent and alcoholic beverage license, as provided by City Code and state
law.
5.20.200 Application --Generally.
All applications for local consent or licenses, for renewal or reissuance of local consent or
licenses and for transfer of local consent or licenses authorized by this chapter shall be verified
and filed with the City Manager, who, after determination of local consent, shall file the same
with the City Treasurer. The application shall state the applicant's name in full and 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.
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The application and operator's information must be subscribed by the applicant and operator
who shall state under oath that the information contained therein is true.
The City shall adhere to the State of Utah's requirements regarding the proximity between
community locations and establishments selling or serving alcohol as codified in U.C.A.
32B-1-202.
5.20.210 Application --Police department referral.
The application for such local consent or license, together with such information and certificate
as is required by the City Manager to be attached thereto, shall be referred to the City Chief of
Police for inspection and report. The Chief of Police shall, as soon as possible, after receiving
such application, make a report to the City Manager relative to the granting or denying of such
application. Upon receipt of the report, the City Manager shall act upon the application as it
shall deem fair, just and proper in regard to granting or denying the same.
5.20.220 Application --Health department referral.
All applications for local consent filed in accordance with this chapter shall be referred to the
health department who shall inspect the premises to be licensed to assure sanitary compliance
with the laws of the state, the ordinances of the City and the rules and regulations of the health
department. If the premises and all equipment used in the storage, distribution, or sale of alcohol
fulfills all such sanitary requirements, the health 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.
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Fees for applications for local consent shall be adopted by City Council.
5.20.270 Refusal.
The City Manager may, with or without a hearing at its discretion, when in its opinion it is
necessary for the protection of public peace or morals, refuse to grant any license or local
consent applied for, at any time and in no such case need any cause be stated.
5.20.280 Revocation.
Licenses or local consent may be suspended or revoked by the City Manager for the violation on
the licensed premises of any provision of this chapter or of any other applicable ordinance or law
relating to alcoholic beverages, or if the licensed premises is used for the commission of any
illegal act or activity by any person, or if the person to whom the state license was issued no
longer possesses the qualifications required by this chapter and the statutes of the state. The City
reserves the right to revoke local consent at any time, even after an alcohol license has been
granted by the State of Utah. Upon the revocation of local consent, such licensee must
immediately cease selling or serving alcohol.
5.20.290 Suspension.
All licenses or local consent issued pursuant to this chapter may be suspended by the City
Manager without a prior hearing. Immediately following any suspension order issued without a
prior hearing, notice shall be given such licensee, advising of the licensee's right to a prompt
hearing, to be held within seventy-two hours of the suspension, and listing the cause or causes
for such suspension. If a cause for the suspension is established at the hearing, the suspension
order may be continued for up to one year in duration. However, no license or local consent
shall be revoked or suspended beyond the initial hearing without first establishing cause thereof,
nor shall any license be revoked without first giving the licensee an opportunity for a hearing on
the causes specified for revocation. It is unlawful for any person to sell alcoholic beverages at
licensed premises during the period of suspension of a license or local consent.
5.20.300 Sublease, transfer or assignment prohibited.
No license or local consent may be transferred, assigned, or subleased in any manner, whether to
another person or business entity, or to another location. Any violations of this section shall be
grounds for revocation of the license or local consent, or refusal to renew or issue the license or
local consent. Any fees paid by the licensee to the City for local consent or a license shall be
forfeited to the City.
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5.20.310 Operation to conform with law.
The licensee shall be responsible for the operation of the business in conformance with City
ordinances, and it shall be grounds for revocation of the license or local consent if a violation of
such ordinance occurs through an act of a licensee, operator, employee, agent, or by a person
who is allowed to perform for patrons of the licensee's business, whether or not such person is
paid by the licensee for such performance.
5.20.320 Name change.
The licensee shall not change the name of the business establishment until he or she has given
written notice to the City ten days prior to the name change, and has paid a 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.
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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.
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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.
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Chapter 5.21
REGULATING THE RETAIL SALE OF TOBACCO PRODUCTS
Sections:
5.21.010 Tobacco product sales regulated.
5.21.010 Tobacco product sales regulated.
The City of Moab shall regulate the retail sale of tobacco products in accordance with all
applicable, enacted sections of Utah Code Annotated.
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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.
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5.32.060 License — Revocation.
Any license of a pawnbroker may be revoked by the City Manager for any violation of this
chapter.
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Chapter 5.60
FRANCHISES
Sections:
5.60.010 Application — Fee.
5.60.020 Assignability.
5.60.030 Forfeiture of rights upon unlawful assignment.
5.60.010 Application — Fee.
Whenever applications shall be made to the City Council for a franchise or grant of special
privileges, or for an extension or renewal of any existing franchise or grant of special privileges,
the applicant shall furnish to the City Recorder, for the use of the City Council, twelve copies of
the proposed resolution or ordinance, and pay into the city treasury a fee of twenty-five dollars.
5.60.020 Assignability.
All franchises and grants of special privileges shall be non -assignable without the express
permission of the City Council, whether such limitation is set forth in the body of the franchise
or grant or not. All assignments of franchises and special grants shall be in writing, and a copy
thereof filed in 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.
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Chapter 5.64
VENDOR, PEDDLER, SOLICITOR, AND MISCELLANEOUS MERCHANT BUSINESS
LICENSES
Sections:
5.64.010 Definitions.
5.64.020 Licenses — Required.
5.64.030 Exemptions.
5.64.040 License fees.
5.64.050 General operating standards.
5.64.060 Specific operating standards.
5.64.070 Prohibited practices.
5.64.080 Application.
5.64.085 License renewal — Criminal convictions.
5.64.090 Licenses — Issuance.
5.64.100 Modification of display apparatus, vehicle, or structure.
5.64.110 Grounds for denial.
5.64.120 Appeal of denial.
5.64.130 License — Display.
5.64.140 License — Fees.
5.64.150 License — Non -transferable.
5.64.160 License revocation, grounds.
5.64.170 License revocation — Notice, right to cure, procedure.
5.64.180 License — Term and renewal.
5.64.190 Agent for service of process.
5.64.010 Definitions.
For purposes of this chapter:
A. "Accoutrements" means additional items added for flavoring such as, but not limited to,
seasonings, mustard, ketchup, and mayonnaise.
B. "Cart" means a small mobile cart or wagon that occupies a temporary location on a
sidewalk or private property and is a humanly propelled wheeled vehicle that may contain food
or other items for sale.
C. "Display apparatus" means a non -permanent structure such as a table, stand, wagon, tray,
cart, canopy, tents with three sides open, or other displays for the sale of goods, merchandise,
food, wares, or services. Teepees shall be allowed if 75% of the sides are open and the interior is
visible, from outside the teepee, to at least 7 vertical feet from the ground.
D. "Farm produce" means fresh fruit, vegetables, herbs, eggs, or grains.
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E. "Miscellaneous merchant" means any licensee conducting business that does not meet the
criteria of a peddler, solicitor, or vendor as defined in this chapter.
F. "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
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3. Private property vendors.
N. "Vendor, food" means any street vendor, sidewalk vendor, or private property vendor
that sells foodstuffs, edibles, beverages, ice cream, confectionery, or other edible products upon
any public street, road, alley, curb or sidewalk, or on private property.
O. "Vendor, limited" means a vendor 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.
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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
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of other arrangements must be submitted with the application. The City, at its discretion,
may require applicants to obtain commercial refuse disposal service.
d. Food vendors involved in special events shall utilize the special event refuse plan.
e. Food vendors with seating areas shall have refuse and recycling containers emptied
at the close of each business day.
f. 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.
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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.
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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.
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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.
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ii. Umbrellas or canopies shall not exceed one hundred twenty square feet in
area.
d. All accoutrements must be contained in a three-foot by five-foot area adjacent to
the display apparatus, structure, or vehicle.
e. Display apparatus that cannot be adequately secured during off -business times
shall be removed from the property at the end of each working day.
f. Vehicles or structures shall not exceed the dimensions of eight feet wide by
twenty-five feet long and ten feet in height. If the proposed vehicle or structure is more
than twenty-five feet long, the applicant must obtain written approval for this exception
from the City Manager.
g•
Seating may be provided to include a table and up to 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.
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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.
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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.
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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;
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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
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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;
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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
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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.
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A. A condition upon the issuance of any peddler or solicitor license is the irrevocable
consent by the licensee to the nomination of the City Recorder as its agent for service of process
for any claims derived from the licensee's business activities within the City. Additionally, the
licensee stipulates to venue in the courts of Grand County, Utah, for any action involving its
business activities in the City.
B. Should the City Recorder be served with process for any licensed peddler or solicitor, a
complete copy of the summons and complaint shall be mailed by certified mail, return receipt
requested, to the licensee's business address, as contained in the City records. The City Recorder
shall then notify the City Manager of the impending action and the nature of the complaint.
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Chapter 5.67
NIGHTLY RENTAL LICENSES
Sections:
5.67.010 Definitions.
5.67.020 Licenses — Required.
5.67.025 License fee.
5.67.030 Application.
5.67.040 Renewal — Term.
5.67.050 Grounds for denial.
5.67.060 Appeal of denial.
5.67.065 Assignment prohibited, application upon transfer.
5.67.070 License revocation, grounds.
5.67.080 Revocation procedure, right to cure.
5.67.090 Penalties.
5.67.100 General operating standards.
5.67.010 Definitions.
For purposes of this chapter:
A. "Agent" means any legally authorized entity acting on behalf of a property owner,
including but not limited to a property manager, a property management company, an executor
of the owner's estate, or other legal fiduciary.
B. "Nightly Rental" also called short-term rental, means:
1. The use, occupancy, rent or lease, for direct or indirect remuneration, of a
structure or any portion thereof, constructed for single household or multi -household
occupancy, or of any other residential property, or residential property within a
commercial building, for a term of thirty consecutive days or less;
2. The commercial use, by any person, of residential property, or residential property
within a commercial building, for hostel, hotel, inn, lodging, motel, resort or other
transient lodging uses, where the term of occupancy, possession or tenancy of the
property is for a term of thirty consecutive days or less.
3. For the purposes of this section, "remuneration" means compensation, money,
rent, or other bargained for consideration given in return for occupancy, possession or use
of real property.
4. For purposes of this section, nightly rentals shall include bed and breakfasts.
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5.67.020 Licenses — Required.
A. No person shall operate or engage in any nightly rental activity within the City of Moab
without first obtaining and maintaining a valid nightly rental business license as required by
Chapter 5.04.
B. Each owner of property within the City of Moab that is being used as a nightly rental
must obtain a nightly rental license. An owner may allow his or her agent to apply for and obtain
the nightly rental license, however, the license shall be in the property owner's name, and filed
under the property owner's name in the City license records.
C. Owners who own multiple nightly rental properties must obtain a separate license for
each nightly rental property. Property managers and property management companies may not
include multiple nightly rental properties in one license.
D. If an owner of a nightly rental is using a D.B.A., that D.B.A. must be registered with the
Utah Department of Commerce.
E. The owner shall be the licensee, but the property manager or local representative, if
applicable, shall be deemed the responsible 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
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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.
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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.
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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.
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Chapter 5.80
HOME OCCUPATION LICENSES
Sections:
5.80.010 Purpose and definitions.
5.80.020 Home occupation licenses.
5.80.030 Application.
5.80.040 Fees.
5.80.050 General operating standards.
5.80.060 Prohibited home occupations and uses.
5.80.070 Enforcement and revocation.
5.80.010
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
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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.
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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
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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.
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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
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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;
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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
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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.
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Title 5
BUSINESS LICENSES AND REGULATIONS
Chapters:
5.04 Business Licenses Generally
5.20 Alcoholic Beverages
5.21 Regulating the Retail Sale of Tobacco Products
5.32 Pawnbrokers, Secondhand Dealers and Junk Dealers
5.60 Franchises
5.64 Vendor, Peddler, Solicitor, and Miscellaneous Merchant Business Licenses
5.67 Short-term Rental Licenses
5.70 Street Performers
5.80 Home Occupation Permits Licenses
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Chapter 5.04
BUSINESS LICENSES GENERALLY
Sections:
5.04.010 Business license required.
5.04.015 License compliance.
5.04.020 Business license fee.
5.04.030 Application.
5.04.040 Grounds for denial.
5.04.050 Appeal of license denial.
5.04.060 License term, renewal, display, change of address.
5.04.070 Assignment prohibited, application upon transfer.
5.04.080 License revocation, grounds.
5.04.090 Revocation procedure, right to cure.
5.04.100 Collection action.
5.04.110 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;
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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.
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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.
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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)
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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;
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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.
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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.
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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.
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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,
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fraud, theft, burglary, or any violent crimes including assault, robbery, sexual assault, child
abuse, or homicide. (Ord. 03 05 (part), 2003)
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 ; ,. +,.,,,,,
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The transient merchant license shall be valid for a period of twelve months from the date of
issuance. (Ord. 03 05 (part), 2003)
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)
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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:
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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
" D o e s n o t r e q u i r e i n s t a l l a t i o n o f t e m p o r a r y w a t e r , p o w e r , c o o k i n g , s a n i t a t i o n , o r
w a s t e m a n a g e m e n t f a c i l i t i e s ; a n d
" D o e s n o t a d v e r s e l y i m p a c t C i t y p e r s o n n e l , s e r v i c e s , o r f a c i l i t i e s .
P r i v a t e e v e n t s s h a l l n o t i n a n y c a s e b e d e f i n e d t o i n c l u d e a n y e v e n t t o w h i c h t h e p u b l i c i s
i n v i t e d , w h e t h e r b y a d v e r t i s e m e n t o r o t h e r w i s e , o r e v e n t s w h e r e a n a d m i s s i o n f e e i s c h a r g e d .
P r i v a t e e v e n t s a r e n o t r e g u l a t e d b y t h i s c h a p t e r e x c e p t w h e r e s p e c i f i c a l l y n o t e d ; h o w e v e r ,
t h e M o a b p o l i c e d e p a r t m e n t m a y t a k e e n f o r c e m e n t a c t i o n i n t h e e v e n t o f a n u i s a n c e , b r e a c h o f
t h e p e a c e , n o i s e v i o l a t i o n , o r t h e l i k e .
"