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7 of 1950 - Amending Chapter XXXV, by adding a new section to be known as Section 3725, re: business license. —-- —" Salt Lake City, Utah, :i° ,..`� - 194 VOTING Aye Nay I move that the ordinance be pass / Affleck . . . . Christensen Romney . ,�_ Lingenfelter Mn Chairman . . AN OR I AI4CE Result . . . . AN ORDINANCE AKENDING CHAPTER XXXV of the Revised Ordinances of Salt Lake City, Utah, 1944, by adding in and to said Charter a new section to be known as Section 3725, relating to licenses. Be it ordained by the Board of Commissioners of Salt Lake City, Utah: SECTION I. That Chapter XXXV of the Revised Ordinances of Salt Lake City, Utah, 1944, be and the same is hereby amended by adding in axed to said Chapter a new section to be known as Section 3725, relating to licenses, which shall read as follows: "SEC. 3725. BUSINESS LICENSE. (a) It shall be unlawful for any person at any time during the year 1950 to engage in the business of manufacturing any tangible, personal property and selling the same at retail for delivery in Salt Lake City; or of selling any tangible personal property at either re- tail or wholesale, or both, in Salt Lake City without first obtaining a license as hereinafter set out, or to violate any provision, or fail to comply with all the provisions of this ordinance, and any violation thereof, or failure to comply with any provision thereof shall be punished as a mis- demeanor as provided by the ordinances of Salt Lake City, Utah. (b) Every person engaging in one or more of the business- es as above set out shall secure from the Recorder of Salt 1 Lake City a license for each separate place of business. Such license shall be issued by the City Recorder upon a written application therefor filled with the City License Assessor and Collector and upon the payment of the fees as 7 hereinafter set out for each separate place of business. (c) The required written application shall be filed for each separate place of business with the License Assessor and Collector of Salt Lake City on or before the 1st day of March, 1950, or before commencing business if the same is commenced after said date, and such application shall set forth the name under which applicant transacts or intends to transact business, the location of each separate place of business, the average number of employees employed by him in each sepa- rate place of business during the calendar year of 1949, and the gross sales made by him in each separate place of busi- ness, during the calendar year of 1949, and such other infor- mation as the License Assessor and Collector may require. Such license is not transferable and is valid only for the person under whose name it is issued and for the transaction of business at the place designated therein. A change of location may be endorsed upon the license by the City License Assessor and Collector upon the payment of a fee of 11,1.00. The above license shall at all times be conspicuously display- ed in the place of business for which issued. (d) For the privilege of engaging in the business of manufacturing any tangible, personal property and selling the same at retail for delivery in Salt Lake City, or of selling any tangible, personal property at either retail or wholesale or both in Salt Lake City, license fees are hereby imposed upon every person so engaged, to be computed and paid by such person on each separate place of business conducted by him, which fees aro to be computed and based on a combination of both the average number of employees employed in each separate place of business and on the total gross sales of each separate place of business during the calendar year of 194(9, the fee to be paid based on the number of employees employed and on the total gross sales, respectively, for each separate place pf business is the amount set opposite the number of employees and the amount set opposite the total gross sales, respective- ly, of each separate place of business, as listed in the fol- -3- lowing columns, to-wit: NUMBER OF EMPLOYEES 0-10 4 2.50 11-25 5.00 26-50 . . . . 7.50 51-100 . . . . 10.00 101-150 A . . . . . . . . . . . 20.00 151-200 . . . . . . . . . . . . 40.00 201- 00 . . . . . . . . . . . . 50.00 r -1400 . . . . . . 75.00 1- 00 100.00 1-800 • • • • 125.00 801-1,000 175.00 Over 1,000 250.00 TOTAL GROSS SALES 410,000 or less 5.00 410,000 to 450,000 15.00 50,000 to 4100,000 20.00 4100 000 to 4150,000 . . . . 30.00 4150,000 to 4200,000 . . . 50.00 200,000 to 4350,000 75.00 050,000 to 4500,000 150.00 4500,000 to 41,000,000 . . . 250.00 1,000,000 to 45,000,000 . . 300.00 5,000,000 to 410,000,000 . . • 00.00 410,000,000 to 420,000,000 . . 800.00 Over 420,000,000 . The above license fees are to be paid to the City Licens: Assessor and Collector at the time of filing the application, which shall be on or before March 1, 1950. (e) For the privilege of engaging in any or all of the businesses as above enumerated and which businesses are com- menced in Salt Lake City after January 1, 1950, a license fee is hereby imposed on all persons so engaged in the amount of 47.50 for each separate place of business, payable on or be- fore March 1, 1950, or at the time of commencing business if after said date. (f) (DEFINITIONS). 1, Engaging in the business of manu- facturing any tangible, personal property and selling the same at retail for delivery in Salt Lake City, shall mean the actual manufacturing of any tangible, personal property with- in the corporate limits of Salt Lake City and selling the same at retail for delivery within the corporate limits of Salt Lake City. 2. Engaging in the business of selling any tangibl., personal property at either retail or wholesale, or bot , -4- in Salt Lake City shall mean the selling within Salt Lake City or the taking of an order within Salt Lake Cit for any tangible, personal property at either retail or wholesale, or both, when the actual delivery of said tangible, personal property is to, or does, take place anywhere within the State of Utah. 3. For the purpose of this ordinance, wholesale and retail sales, as above defined, shall include retail or wholesale sales made by a merchandise broker, jobber, factory representative, commission merchant, salesman, agent, employee, or by any person engaging in the busi- ness of selling tangible, personal property at either retail or wholesale, or both, as herein defined, or who conducts such business under or by any other name, style or method not herein specifically mentioned or defined, as well as prodycers of farm produce, eggs, poyltry, dairy or nursery products. 4. The terms "each separate place of business", as used herein, shall include each separate establishment or place of operation, whether operating under the same name or not within the corporate limits of Salt Lake City, including a home or other place of lodging if the same is held out by advertisements, listings, or otherwise, as the establishment or place of operation of a person en- gaging in the business of selling tangible, personal pro- perty at either retail or wholesale, or both, in Salt Lake City, or the place of business located outside the corporate limits of Salt Lake City of any person Op main tains no established place of business in Salt Lake City but whose solicitations, taking of orders and sales of or for tangible, personal property at either retail or wholesale, or both, in Salt Lake City are continuous and persistent. 5. The term "employee" shall mean the operator, own er or manager of said place of business, or wife, or amy member of the family of said person or persons above name,, -5- if the plays of business is operated by any such person or persons without any other help, or any person employe. in the operation of said place of business in any capacity. 6. The term "number of employees," as used herein, shall mean the average number of employees engaged in th. business of selling tangible, personal property at eithe, retail or sh olesale, or both, in Salt Lake City during the calendar year of 1949. 7. For the purpose of this ordinance, a retail sale shall mean any sale of tangible, personal property to the ultimate consumer. A contractor such as a plumber, electrician, or builder, etc., who purchases tangible, personal property for incorporating the same in his finished work or others^'_se uses the same in his business shall be deemed an ultimate consumer hereunder. 8. For the purpose of this ordinance, any person engaging in the business of soliciting or selling servic-s as well as tangible, personal property at either retail or wholesale, or both, in Salt Lake City, such as a con- tractor, carpenter, plumber, electrician, builder, etc., either under contract or otherwise, shall be deemed to be engaging in the business of selling tangible, person- al property at either retail or wholesale, or both, in Salt Lake City, but in compgtting gross sales hereunder shall take into consideration only the amount received . such person as the selling price of the tangible, per- sonal property at either retail or wholesale, or both, as sold outright or as included in the contract. 9. The word "person," as used in this ordinance, means any indi#idual, receiver, assignee, trustee in bankruptcy, trust, estate, firm, co-partnership, joint venture, club, company, joint stock company, business trust corporation, association, society, or other group of individuals acting as a unit, whether mutual, cooper ative, fraternal, non-profit, or otherwise. -6- 10. The term "gross sales," as used herein, does not include: (a) The amount of any Federal tax, except excise taxes imposed upon or with respect to retail or whole- sale sales, whether imposed upon the retailer, wholesale , jobber, or upon the consumer, and regardless of whether or not the amount of Federal tax is stated to customers as a separate charge; and (b) The amount of net Utah State sales tax. 11. The term,"gross sales." includes the amount of any manufacturer's or importer's excise tax included in the price of the property sold, even though the manufac- turer or importer is also the wholesaler or retailer thereof, and whether or hot the amount of such tax is stated as a separate charge. (g) The license fees imposed by this ordinance shall bd in addition to any and all other taxes or licenses imposed by any other provision of the ordinances of Salt Lake City,Utah. (h) Whenever any fee required to be paid by this ordi- nance is not paid on or before the day on which it becomes delinquent, a penalty of ten (10) per cent of the amount due shall be imposed. Such penalty shall become a part of the fee imposed by this ordinance. (i) It shall be the duty of every person liable for the payment of any license fee imposed by this ordinance to keep and preserve for a period of five years such books and record: as will accurately reflect the amount of his gross wholesale and retail sales and from which can be determined the amount of any license fee for which he may be liable under the provi sions of this ordinance. (j) Returns made to the License ASSESSOR AND Collector of Salt Lake City as respired by this ordinance shall not be made public nor shall they be subject tp the inspection of any person except the City License Assessor and Collector or his authorized agent or to those persons first authorized to -7- do so by order of the Board of City Commissioners. It shall be unlawful for any person to make public or to inform any other person as to the contents or any information contained in, or permit the inspection or any return except as is in this section authorized. (k) No person required by this ordinance to make and fil= a return shall make and file a false return knowing the same to be false. (1) Any person to whom a license is issued may have the came revoked by order of the Board of City Commissioners upon his violating any provision, or his failing to fully comply with all of the provisions of this ordinance. (m) If any licensee hereunder fails, neglects, or refuse to file his application and pay the fees as and when required herein, the License Assessor and Collector of Salt Lake City is authorized to determine the amount of the license fees due together with penalties and interest, and by mail to notify such licensee of the amount so determined. The amount so fix:d shall thereupon become the amount due and shall be immediatel payable. For the purpose of determining the amount of the license fees due the License Assessor and Collector shall hair: access to all of the books, records, invouces, inventories, and stock of goods, wares, and merchandise of said Licensee, and it shall be unlawful for any such Licensee to refuse the License Assessor and Collector or his duly authorized agent free access thereto at all reasonable times.. (n) Any license fees due and unpaid under this ordinance and all penalties thereon shall constitute a debt to Salt Laic, City and shall be collected by court proceedings in the same manner as any other debt in like amount, which remedy shall be in addition to all other existing remedies. (o) If any sub-section, sentence, clause, phrase or por- tion of this ordinance, including but not limited to any ex- ception, is for any reason held to be invalid or unconstitu- tional by the decision of any court of competent jurisdiction, -8- such decision shall not affect the vgaidity of the remaining portions of this ordinance. The Board of Commissioners of Salt Lake City hereby declares that it would have adopted this ordinance and each sub-section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sub-sections, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 2, In the opinion of the Board of Commissioners, it is necessary to the peace, health and safety of the inhabitants of Salt Lake City that this ordinance shall take effect immediate.. SECTION 3 his ordinann'ye shall take/effect at once upon its first publication. 11 4f Passed by the;Board of Coimaidsioi' rs ASalt La , City, ,January Utah,this 17th day of , A,. D. )7,,. — Temp a a:rman cc�'' /,7a/ 3. City Recorder. Affidavit of Publication STATE OF UTAH, 1 }ss County of Salt Lake Legal Notices AN ORDINANCE. AN ORDINANCE AMENDING I v CHAPTER XXXV of the Revised D. Li. 0ci lE 1 Ordinances of Salt Lake City,Utah, 1944, by eddtng in and to said Being first duly sworn,deposes and says that he is the ad- Chapter a new section to be known a'Section l by he Board of vertising clerk of THE DESERET NEWS,'a newspaper Commissioners of Salt Lake City, Utah: published in Salt Lake City,Salt Lake County,in the State SECTION 1.That Chapter XXXV of the Revised Ordinances of Salt of Utah. Lake City, Utah, 1944, be and the same is herebyn amended by addingadding In and to said Chapter a sec- tion to be known as Elation3725, relating to' licenses, which shall read as follows' That the advertisement 'SEC. 37R5. HUSINESS LICENSE Cal It shall be unlawful for any person at any time during the year 1950 to engage In the business of An Ordinance Bill No, 7 • manufacturing any tangible, per- ssnal property and selling the same at retell for delivery in Salt Late ity;or o1 selling any tangible pet. tonal property at either retail or wholesale,o both,1 Salt Lake City without first obtaining a Ifecuse a ereinafter set out, to vlolai n y provision, o fall` to c tu'y with dlnancel ane tl piny lv ons violation]theme!, or failure to comply with any plan v hide thereof anal]be punished a was published in said newspaper,in its issue dated, the misdemeanor s pravldea by ins o tllnaocea I Salt Lake City, Vteh. or m> a of perabu engaging a In above day of A.D.19 set out of aeeurep°Tram the Re- ostler f Sait.Lake Clty a nccnee o e Such&Ileenaeashall pee Issued a by the City Recorder upon a written and was published.._on_sTaniaaxy._].�J.,___1950 pllcatlon therefor filed with the City License Assessorand Collector aas nd,upon payment opt{ff the each the last publication thereof being in the issue dated the separate place of business. (c)The required written separate day of place A.D.19 Bon °shall be(fled for In h separate of busmen° ith the License Assessor and Collector of Salt CakeCity on or March, before 1950,or befor s e commenycm /g ��/business 1t the ram is commenced / after said gate; d each epp^loa_ Advertising ron ran t forth the name oar which applicantt transacts or intends to transact business, the location of each separate place of employes se, the average number of employee em- ployed l of ybusinesslnduring separatee cal- ender rn year b f him In eachhsho crate before me this 20th Mayo f separate place of bualness, during the cal- endar year of 1949,and ion other fniormatfon the License Asses- ( r and Collector may require.Such A.D,1950 a Been. 1a not transferable and 1s Whose only m for Is°lssuedo and for I. the transaction of business at the e place designated therein. A change f• of location may be endOrsed upon the license by the City License As. g season and Collector upon the y- a men se f hallee a fal11t0. h�eee one above • eel o say. displayed In the place Notary P blip It of business for which Issued. (dl For the privilege of engaging In the business of manufacturing d ceiling the sameersonal at retail fordelivery In Salt Lake City,or of selling y tangible,personal property at either retail or wholesale ar both in Salt Lake City, license fees are hereby Imposed upon every peson so n• aged,to be computed and p Ltd°Dy Retch businessnon conducted ch by him,rate ahftch fees are to he oe Duted and based on on abar combination of both the average of te employee employed In each separa and o the total gross ales of leach eeintrate place of bosines& during the to he pall based ear of fn 1949. nue mber of employee employed and on the to- tal o sales,respectively,for each separate place of business Is the amount set opposite the number of employes and the amount set op- eoslte the total gross Wee lc- f°busleree,of each e listed sin athee lclplow- log columns,to-wit: ' NUMBER OF EMPLOYES 0- 8 2.5D 11-2525 5.00 26-50 7.50 '51-100 • 10.00 101-150 40.00 151.300 40.00 301-000 50.00 clan, such ae a .,wh e[,purchases 00.00 tine, a builder,etc., per pU102 Los 601-000 100.00 tangible, personal same his ins cm)s, eg any licenseerrif hereunder 000 175.00 poeatlnk the a 1n his tins e falls, elects, e SOS-1000 250,00 ishedsame work or otherwise all uses the his a-wwplfn required ed herein, feesills Over 1000 25D.00 came to Tla business,s,shall u der, and hen required hereto, the a It TOTAL GROSS BALER an Ultimate consumer hereunder, e e Assessor and Cslleo$r t Salt 8, For the purpose of this - Lake City is orised to determine $10,000 or less 5.00 dfnance,any person engaging In the the amount of the license fees doe ' $10,000 to 550.000 15 00 business of solleltingto or selling term and by with penalties sod Intetett,550,000 to$100,000 20.00 Ice. a well tangible,•Persenal a d by mcpgcl to nollfy racy licensee '5100,000 to $150,000 30 00 property at either retail whole- of the a xe so determin¢a, roe $150,000 to 5200,000 50.00 sale,s or both.In Salt Lake City,such amount so[lied hell thex-hone be- $200,000 to 5350,000 ,. 75.00 a ntractor,carenter,plumber, one the amount due and- be 5350,000 to$600,000 150,00 lectrlclan, builder,etc., either u immediately payable. For the pur- 5500,000 to$1,000,000 ,250;00 - der contract or otherwise, hall be ' Pose of dances log the amount Of $1,000,060 to 55,000.000 , 300.00 deemed to be engaging in the bus- the license fees due the License Ae- '55,000,000 to$10,000.000 400.00 loess of selling tangible, personal , sera d Collector shall have access. ' $10,000,000 to 520,000,000 600.00 property either tall or whole- to all of the hooka,reoords,Invoices, Over 520,000,000 800.00 sale.or both,in Salt Lake City,but Inventories, and stock of goods, The above Manse tees are to be In eomPoting gross ales hereunder wares,and merchandise of.said Lis j paid to the City License Assessor and shall take Into consideration e only censer, and It shall be refuse l !I Collector at the time 1 filing the a theaamountto received y such per for any such Licensee to the application, which shall be or as the selling price of the tangible License Assessor and Collector or his before March 1,1950, ppemonel property t either retail duly authorized agent free somas (e)For the•privilege of engaging right sOleanle, of both, s id Cron- then)tsAny licensee feesidueimnd¢un• In n all of the businesses a net or as Included 1n the an any or tract. • pen under this shall ego d all above enumeratedarecommenced and which hue- is The word"person," s used In debt to thereon hall n stltute e Messes re need in Salt Lake receiver, ver,ordMance,ee. trustee anyste as debt to fish Lake City and sha.1 hbe e Cite feet thereby Imposed n B- rep 1ver, assignee, e, fire In bank• saNecud by court any other in EIn of ee 15 gaged in mn all ruptcy, tcroin estate, firm, , om as- of$7.sf engaged to the amount ne nhSJ ]tint venture. crib, tom- In a manner which any shall t➢ f business. sofor each separate place 1 pant.Joint stack company.'buainese In amount, to all other eslnting 1, 100,,payable the or eore Mares trust r corporation, association,drvi eft- ale rem dies. ca, 1950, at time o' cicty,or other group et Indlviduais (o) If ny-sub-section, sentence, ping business if at ter.said date acting s unit, whether mutual. clause. phrase portion of this (f)(DEFINITIONS),1.Engaging In cooperative,fraternal,non-profit,or ordinances, Including but t lim- the business of manufacturing any otherwise. Iced to any , tangible,personal property a d fell- 10.The term"gross sales,"as used masonheldh to be invalid no for inc the e at retail for delivery herein, does not include: atttutional by the decisions of - 1n Salt Lake City, shall mean the (a) The amount of any Federal court of competent Jurledthe ,.any dual manufacturing of any tang- tax, except excise taxes. Imposed decision Shah not affect the validity ible, personal property within the upon o with respect to retail orof the remaiing portions this o portte limits of Sail Lake City wholesale ales, whether imposed ordinance, The Board of COM/111t- .d selling the sameat retail for de- upon the taller.Wholesaler,jobber, sooners f salt Lake City hereby de- livery within the orporate Maths of or upon the consumr and regard- ]area that It w ld have adapted Salt Lake lets of whether or not the amount of this ordinance andeach sub-section, 2,Engaging in the business of sell- Federal tax Is stated to customers sentence, clause,lv phrase. c Ins aa y tangible, personal property a separate thereof,Irrespective charge;and peee of he(at that t either retail or wholesale,or both, The amount of net titan State any oneor ore sub-sections, ens In Salt Lake City hall mean the salesirt tax, tenses,clauses,phrases,or portions selling within Balt Lake City or the 11.The term"gross sales"Includes thereof be declared invalid or un- taking of an order within, Salt the amount 0[ any manufacturer's constitutional. Lake City for any tangible. Pee- or importer'(excise tax included In SECTION 2.In the opinion of the renal property at eithe[ retell Cr the price of the property sold,'even Board of Commissioners, It Is nee- wholesale, r both,when the actual though the manufacturer 1m- essay to the peace, health end delivery f trald tenglble, pereIpal porter is also the wholesaler or - fety of the Inhabitants of Salt property is to, or does„take plane toiler thereof, and whether or not Lake City that this ordinance shall nywhere within the State O1 Utah. the amount of such tax Is stated as take effect immediately. 3. For the patriot¢-.of this a agpt The licence }eon imposed tae. ke retON 3t This ordinance shall tlfnance, hn nanlo d retail ance, posed by c a once upon Its first above defined, shall include es- this ordinance shall he in addition to publication, as tall r wholesale sales made by a any and all other taxes or licenses Passed by the Board of Commie- tall broker, Jobber. fa:tp'.y Imposed by any then pLuke on of toners of Salt Lake.City,titan,this. mmereeondative,commission jobn r.m lac flay the ordinances of Salt Lake City, • 17th day Of January,A.D.1950. salesman, argent, employe, or or Utah. L.C.R Chairman any person gaging 1n the business (h1.Wheneverythe any fee required of Temporary Chalzmep f selling tensble.peesora`yreper- be p ontl by fors the ordinance le t IICit F.BI der. Is at eithel retail or wholesale`or geld t or before day on hick -City Recorder. both,as he}In defined,or who on- it 110 0 p rent oft a penalty M (SELL) P son l Ie)per cent the amount due - BILL NO.7 ducts such eusstyle under00ri by ant shallcobe Impart of the penalty shall Published January 19,1950. tree a style r ned or net by a part the fee Imposetl ' herfined, se eclticas r mentioned sby this ordinance. Lined,a well as produce a Of foram person It ha]]be a duty Of very nursery pro0ucts.poultry,.chirp license liable Imposed the payment thl of y ncense tee keep an by rvis ordfa u4.bTheusiness." terms"each separate Omn,Place a to keep and preserve bo for a to bde ech a used etabit,angel rerirtl of five will years such books ande Include each separate a tth er oiler- recordst asigross accurately reflect the t at place a operation,whether oiler- amount f his groom wholesale and y atlnhi under the same name t detail area from mo which can b- Lake ity corporate finite ofu Salt deternEnedl the ant of any II- Lake City, f including home o ee nee for which ovi he may bes II- .- ether place y lodging If the same ablee antler the provisions of this pe- a is ho, or of by se,as ihreeta, fist- in Ingo or otherwise,operation the a tab]er-. see or and de to fie LIt Lake e s g pence ill0000r sf per- Assessor end Collector of Salt Lake son m nodes In the business rt a- cCityan l note b made this °Idl- ing r mail, o nhole le. or b t shale than not o e deputlice nor either retail o wholesale. p both, !hall they be subject to the the business fines Lake nd she place e- Clip Li of any reo a [aril Lor rat locatedoutsideLa the c - City Ll aunse ize age and Collector orate limits f Sea Lake City eon or hie authorized01000agent or to those any person who maintains no Cr' order first authorized oao to do by takeaseti Cit plbut whoce of se eollcttativns in e, der of the Board Of City l for d Lakin ofyorders and salsa of o foe lop prrno to shall b unlawful In- tan fb1e,personal property at either any any other make public ar tp the retail or wholesale.or both,In Salt contents por any pinformations scon- Lake City are continuous and per. twined in,'or permit the Inspecion ¢latent. or any return except as Is in this b.The term"employe"shall mean section sstsorized. I the operator, owner r manager of (kl No person rnqulretl bz this said place buslnees, r wife, r tlfnance to make a d file a ¢turn ill any ember of the tenth,Of old shall make and file false return person or persons above named. If knowing the same to be false. the place of business Is operated by (I)Any person 1t rpm a license any such person m'any ppersons wltnob$ 1 issued y have tits revoked e y (her help, or Person'ern- by Order of the Board f City Com- played in the operation of Bald Isalonere noon his violating any place f business sin any capacity. ppiovlalen, his failing to fully 16. The term "number 7 - Ohio ardln¢nee 1 of the Dr0vlstpns of p¢yea,"Scsed herei,shall m ¢r . the engaged average number of employee ta• ngible,personal property oa selling property both, either retail wduring t sr aisain Bair of 1 City during the calendar year e1 1949. 7.For the puropse of thus Orden. ance, retail sale shall mean any • sale of tenglble, personal p perty p to the ultimata neumer. A eon- 7