044 of 2018 - Identification Requirements for Business License Applicants 0 18-1
0 18-11
SALT LAKE CITY ORDINANCE
No.44 of 2018
(Identification Requirements for Business License Applicants)
An ordinance amending Sections 5.02.060, 5.12.030, 5.14.030, 5.16.050, 5.40.050,
5.54.030, 5.61.110, 5.64.530, 5.64.600, 5.65.041, 5.70.030, 5.74.030, 5.84.130, 5.86.055, and
5.86.470, of the Salt Lake City Code to impose additional requirements regarding the
identification of business license applicants.
WHEREAS, Title 5 of the Salt Lake City Code addresses the issuing of business licenses
within Salt Lake City;
WHEREAS, there have been instances in which business license applicants have
provided incorrect identifying information in connection with their attempts to obtain a business
license within Salt Lake City; and
WHEREAS, the City Council finds that requiring business license applicants to
conclusively demonstrate their identity during the business license process reasonably furthers
the health, safety, and general welfare of the citizens of Salt Lake City.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That section 5.2.060 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.02.060: LICENSE; APPLICATION REQUIREMENTS:
A. Written Application: Applications for licenses and permits required by this title shall be made
in writing to the License Supervisor in the absence of any provision to the contrary, which
applications shall be made upon forms provided by the City. The application shall show:
1. Name: The name of the person desiring a license;
2. License Type: The kind of license desired, stating the business to be performed,
practiced or carried on;
3. License Class: The class of license desired, if such licenses are divided into classes;
4. Place: The place where such business, calling, trade or profession is to be carried on,
giving the street number if such business is to be carried on in any building or enclosure;
5. Term: The period of time for which such license is desired to be issued;
6. Photo Identification: A copy of a government-issued photo identification (such as a
driver's license, passport, or similar form of identification) must also be included in the
application. If the applicant is a corporation or a partnership, the photo identification
required herein shall be provided with respect to at least one officer of a corporation or
member of a partnership.
7. Registered Agent: The application shall also include the name, address, and phone
number of the registered agent for any corporation or licensee.
8. Professional Licenses: Documentation demonstrating the applicant possesses any
professional licenses or certifications required to operate the business identified in the
application.
9. Additional Information: The application shall also state such additional information as
may reasonably be required by the City as may be needed for the proper guidance of City
officials in issuing the permit or license applied for.
a. Such information may specifically include information to show that the
applicant:
(1) Meets all requirements of applicable City ordinances including
requirements regarding unexpunged criminal convictions;
(2) Is not in default under the provisions of any City ordinance; and
(3) Is not indebted or obligated in any manner to the City, except for
current taxes.
b. It may also show that the proposed use of any premises by the applicant will
not be in violation of City zoning regulations, that the principals of the applicant's
business are properly bonded if bonding is required, and that the applicant will
otherwise be in full compliance with all applicable City, State and Federal laws
and ordinances.
B. Accuracy: The truthfulness, completeness and accuracy of all of said information provided by
applicant shall be attested to by the applicant or an authorized representative thereof.
C. Not Misleading: Failure to provide all required information or providing false or misleading
information in the application shall constitute grounds for denial of the application or
revocation of an existing permit or license, and shall constitute a violation of this title, if done
willfully with the intent to mislead the City.
SECTION 2. That section 5.12.030 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.12.030: LICENSE; APPLICATION:
An application for a license under this chapter shall be filed in writing with the city license
supervisor on a form to be provided by the city which, in addition to providing the information
required under section 5.02.060 or its successor section, shall also provide:
A. The name and address of the applicant and, if a firm, corporation, partnership, association or
club, the principal officers thereof and their addresses;
B. The address of the premises where the licensed device or devices are to be operated, together
with the character of the business as carried on at such place; and
C. The general description of the device or devices to be licensed and the number of devices to
be licensed.
SECTION 3. That section 5.14.030 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.14.030: LICENSE; APPLICATION:
An application for a rental dwelling business license shall be made to the license office of the
City, and shall, in addition to providing the information required under section 5.02.060 or its
successor section, also provide the following information:
A. The location and address of the rental dwelling(s);
B. The number, within each rental dwelling, of:
1. Dwelling units, or
2. Lodging or sleeping rooms, if the dwelling is a fraternity, sorority, boarding, or
rooming house;
C. The name, address, and telephone number of each of the following:
1. The applicant,
2. The owner of the fee title interest,
3. The owner of any equitable interest,
4. The local operating agent,
5. The resident manager, if any, and
6. For each corporate and out of State resident rental dwelling owner, the designation of a
legal representative and agent for service of process as provided in section 5.14.050 of
this chapter;
D. A certification by the owner, or owner's agent, that to the best of such person's knowledge or
belief, the premises comply with ordinance requirements shown on a checklist provided by
the City as part of a rental dwelling business license application; and
E. The signature of the owner of the premises, and the operator if different, agreeing to comply
with applicable ordinances and to authorize inspections as provided in this chapter.
SECTION 4. That section 5.16.050 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.16.050: AUCTIONEER'S LICENSE; APPLICATION:
The application for an auctioneer's license shall, in addition to providing the information
required under section 5.02.060 or its successor section, also provide the following information:
A. Name: Name of the applicant;
B. Address: Residence and business address of the applicant;
C. Term: The length of time for which an auctioneer's license is desired;
D. Prior Licensure: A statement as to whether or not the applicant holds, or has held, an
auctioneer's license from any state, municipality, governing body or licensing authority; a list of
such licenses and a statement of the time, place and by whom issued; a statement as to whether
any state, municipality, governing body or licensing authority has ever refused to issue or to
renew an auctioneer's license to the applicant, together with a full and accurate statement as to
the reasons for any such refusal; and a statement as to whether any state, municipality, governing
body or licensing authority has ever revoked an auctioneer's license held by the applicant,
together with a full and accurate statement as to the reasons for any such revocation;
E. Criminal History: A statement as to whether or not the applicant has ever been convicted of
any crime, misdemeanor, or violation of any municipal ordinance, other than nonalcoholic
related traffic offenses, and if so, the nature of the offense and the punishment or penalty
assessed therefor;
F. Photograph: A photograph of the applicant, taken within sixty (60) days immediately prior to
the date of the filing of the applicant, which picture shall be two inches by two inches (2" x 2"),
showing the head and shoulders of the applicant in a clear and distinguishing manner; except that
the city license supervisor may waive this requirement with respect to an application for renewal
of an auctioneer's license by an individual holding an unexpired auctioneer's license issued under
this chapter who has in a previous application under this chapter complied with this requirement;
G. Fingerprints; References: The fingerprints of the applicant and the names of at least two (2)
reliable property owners of Salt Lake County who will certify as to the applicant's good moral
character and business responsibility, or, in lieu of the names of references, any other available
evidence as to the good moral character and business responsibility of the applicant as will
enable an investigator to properly evaluate such moral character and business responsibility;
except that the city license supervisor may waive this requirement with respect to an application
for renewal of an auctioneer's license by an individual holding an unexpired auctioneer's license
issued under this chapter who has in a previous application under this chapter complied with this
requirement.
SECTION 5. That section 5.40.050 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.40.050: LICENSE; APPLICATION REQUIREMENTS:
A. Information Required: Every application for a license and application for license renewal
hereunder shall be filed with the license office, and shall, in addition to providing the
information required under section 5.02.060 or its successor section, also provide the following
information verified under oath:
1. The name under which licensee will conduct his or her business, or the name of the
firm or corporation by whom he or she is employed, and a concise history of his or her
employment;
2. Applicant's name, age, address, phone number, and length of residency in the state;
3. The names and addresses of three (3) character references;
4. A statement disclosing whether the applicant has ever been convicted of a felony or
misdemeanor, other than nonalcohol related traffic offenses, and, if so, the nature of the
offense, and where and when it was committed.
B. Photograph And Fingerprints Required: Every applicant for license or renewal of license
hereunder shall also be required to furnish the following:
1. A photograph of applicant, to be taken by the police department;
2. If deemed necessary, a complete set of applicant's fingerprints to be taken by said
department.
SECTION 6. That section 5.54.030 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.54.030: LICENSE APPLICATION:
Applicants for a license under this chapter must, in addition to providing any information
required under section 5.02.060 or its successor section, also provide the location of the
restaurant and state the greatest number of persons that can be furnished with food at any one
time in such restaurant.
SECTION 7. That section 5.61.110 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.61.110: LICENSE; APPLICATION; DISCLOSURES REQUIRED:
A. Before any applicant may be licensed to operate a sexually oriented business or as a sexually
oriented business employee pursuant to this chapter,the applicant shall, in addition to providing
any information required under section 5.02.060 or its successor section, also submit the
following information on a form to be supplied by the city license authority:
1. The correct legal name of each applicant, corporation, partnership, limited partnership
or entity doing business under an assumed name;
2. If the applicant is a corporation, partnership or limited partnership, or individual or
entity doing business under an assumed name, the information required below for
individual applicants shall be submitted for each partner and each principal of an
applicant, and for each officer, director and any shareholder(corporate or personal) of
more than ten percent(10%) of the stock of any applicant. Any holding company, or any
entity holding more than ten percent (10%) of an applicant, shall be considered an
applicant for purposes of disclosure under this chapter;
a. The shareholder disclosure requirements above shall only be applicable for
outcall service licenses;
3. All corporations, partnerships or noncorporate entities included on the application shall
also identify each individual authorized by the corporation, partnership or noncorporate
entity to sign the checks for such corporation, partnership or noncorporate entity;
4. For all applicants or individuals, the application must also state:
a. Any other names or aliases used by the individual,
b. The age, date and place of birth,
c. Height,
d. Weight,
e. Color of hair,
f. Color of eyes,
g. Present business address and telephone number,
h. Present residence and telephone number,
i. Utah driver's license or identification number, and
j. Social security number;
5. Acceptable written proof that any individual is at least eighteen (18) years of age or, in
the case of employees to be employed in businesses where a different age is required,
proof of the required age;
6. Attached to the form as provided above, two (2) color photographs of the applicant
clearly showing the individual's face and the individual's fingerprints on a form provided
by the city police department. For persons not residing in the city, the photographs and
fingerprints shall be on a form from the law enforcement jurisdiction where the person
resides. Fees for the photographs and fingerprints shall be paid by the applicant directly
to the issuing agency;
7. For any individual applicant required to obtain a sexually oriented business employee
license as an escort or as a nude entertainer, a certificate from the Salt Lake Valley health
department, stating that the individual has, within thirty (30) days immediately preceding
the date of the application, been examined and found to be free of any contagious or
communicable diseases;
8. A statement of the business, occupation or employment history of the applicant for
three (3) years immediately preceding the date of the filing of the application;
9. A statement detailing the license or permit history of the applicant for the five (5) year
period immediately preceding the date of the filing of the application, including whether
such applicant previously operating or seeking to operate, in this or any other county,
city, state or territory, has ever had a license, permit or authorization to do business
denied, revoked or suspended, or has had any professional or vocational license or permit
denied, revoked or suspended. In the event of any such denial, revocation, or suspension,
state the date, the name of the issuing or denying jurisdiction, and state in full the reasons
for the denial, revocation, or suspension. A copy of any order of denial, revocation, or
suspension shall be attached to the application;
10. All criminal convictions or pleas of nolo contendere, except those which have been
expunged, and the disposition of all such arrests for the applicant, individual or other
entity subject to disclosure under this chapter, for five (5) years prior to the date of the
application. This disclosure shall include identification of all ordinance violations,
excepting minor traffic offenses (any traffic offense designated as a felony shall not be
construed as a minor traffic offense), stating the date, place, nature of each conviction or
plea of nolo contendere and sentence of each conviction or other disposition; identifying
the convicting jurisdiction and sentencing court and providing the court identifying case
numbers or docket numbers. Application for a sexually oriented business or employee
license shall constitute a waiver of disclosure of any criminal conviction or plea of nolo
contendere for the purposes of any proceeding involving the business or employee
license;
11. In the event the applicant is not the owner of record of the real property upon which
the business or proposed business is or is to be located, the application must be
accompanied by a notarized statement from the legal or equitable owner of the
possessory interest in the property specifically acknowledging the type of business for
which the applicant seeks a license for the property. In addition to furnishing such
notarized statement, the applicant shall furnish the name, address and phone number of
the owner of record of the property, as well as the copy of the lease or rental agreement
pertaining to the premises in which the service is or will be located;
12. A description of the services to be provided by the business, with sufficient detail to
allow reviewing authorities to determine what business will be transacted on the
premises, together with a schedule of usual fees for services to be charged by the
licensee, and any rules, regulations or employment guidelines under or by which the
business intends to operate. This description shall also include:
a. The hours that the business or service will be open to the public, and the
methods of promoting the health and safety of the employees and patrons and
preventing them from engaging in illegal activity,
b. The methods of supervision preventing the employees from engaging in acts of
prostitution or other related criminal activities,
c. The methods of supervising employees and patrons to prevent employees and
patrons from charging or receiving fees for services or acts prohibited by this
chapter or other statutes or ordinances,
d. The methods of screening employees and customers in order to promote the
health and safety of employees and customers and prevent the transmission of
disease, and prevent the commission of acts of prostitution or other criminal
activity.
B. On the same day that the applicant submits to the city license authority the information
required by subsection A of this section, the applicant shall also submit to the city license
authority the application for conditional site plan review pursuant to subsection 21A.36.140E of
this code, if required.
C. If a conditional site plan review is required, a sexually oriented business license shall not be
issued prior to completion of the conditional site plan review.
SECTION 8. That section 5.64.530 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.64.530: APPLICATION FOR BUSINESS LICENSE:
The application for a mobile ice cream vending business license shall contain all information
relevant and necessary to determine whether a particular license may be issued. Such relevant
and necessary information shall include any information required under section 5.02.060 or its
successor section, and shall also include the following:
A. The full name, current address, telephone number, and proof of identity of the applicant and
all persons who will be operating an ice cream truck as a part of the applicant's business;
B. A brief description of the nature, character, and quality of goods, wares, or merchandise to be
offered for sale;
C. The specific routes, if any, along which the vendor intends to conduct business;
D. If the applicant is employed by another, the name and address of the person, firm, association,
organization, company, or corporation; and
E. A description of all ice cream trucks to be used in the business, together with the motor
vehicle registration numbers and license numbers.
SECTION 9. That section 5.64.600 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.64.600: OPERATOR APPLICATION FORM REQUIREMENTS:
The prospective applicant for an ice cream truck operator's license shall be required to complete
an operator application form that, in addition to providing any information required under section
5.02.060 or its successor section, shall also provide the following information:
A. The correct legal name of each applicant;
B. For each applicant, the application must also state:
1. Any other names or aliases used by the individual,
2. The age, date and place of birth,
3. Height,
4. Weight,
5. Color of hair,
6. Color of eyes,
7. Present business address and telephone number,
8. Present residence and telephone number,
9. Utah driver's license or identification number, and
10. Social security number;
C. A statement of the business, occupation or employment history of the applicant for three (3)
years immediately preceding the date of the filing of the application;
D. A statement detailing the license or permit history of the applicant for the five (5) year period
immediately preceding the date of the filing of the application, including whether such applicant
previously operating or seeking to operate, in this or any other county, city, state or territory, has
ever had a license, permit or authorization to do business denied, revoked or suspended, or has
had any professional or vocational license or permit denied, revoked or suspended. In the event
of any such denial, revocation or suspension, state the date, the name of the issuing or denying
jurisdiction, and state in full the reasons for the denial, revocation or suspension. A copy of any
order of denial, revocation or suspension shall be attached to the application;
E. All criminal convictions or pleas of nolo contendere, except those that have been expunged,
and the disposition of all such arrests for the applicant for five (5) years prior to the date of the
application. This disclosure shall include identification of all ordinance violations, excepting
minor traffic offenses (any traffic offense designated as a felony, a class A misdemeanor, or an
alcohol related offense shall not be construed as a minor traffic offense), stating the date, place,
nature of each conviction or plea of nolo contendere and sentence of each conviction or other
disposition; identifying the convicting jurisdiction and sentencing court and providing the court
identifying case numbers or docket numbers. Application for an ice cream truck operator's
license shall constitute a waiver of disclosure of any criminal conviction or plea of nolo
contendere for the purposes of any proceeding involving the ice cream truck operator's license;
F. A written certification from the mobile ice cream vending business by which the applicant
operator is employed that the applicant operator has received training from the said ice cream
vending business as to operational requirements of this article.
SECTION 10. That section 5.65.041 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.65.041: APPLICATION FOR BUSINESS LICENSE:
Application for a business license shall be made with the licensing office on forms prepared by
the business licensing administrator. Such application shall, in addition to providing any
information required under section 5.02.060 or its successor section, also require the following
information:
A. The applicant's true and correct legal name, including any former names or aliases used
during the last ten (10) years.
B. The applicant's present residence address, telephone number, and mailing address, if different.
C. A list of three (3) persons who can attest to the applicant's honesty, good reputation and good
moral character.
D. A statement affirming or denying whether the applicant has any felony or misdemeanor
convictions or pleas of nolo contendere for a crime involving moral turpitude, narcotic or
dangerous drugs, or offenses against persons or property, except those which have been
expunged, and the disposition of all such arrests for the applicant for ten (10) years prior to the
date of the application. Traffic offenses need not be disclosed unless a felony.
E. A statement affirming or denying whether there are any criminal charges currently pending
against the applicant for a crime involving moral turpitude, narcotic or dangerous drugs, or
offenses against persons or property.
F. The expiration date of applicant's base business license, if any.
G. Type of product to be sold.
H. A copy of all permits required by state or local health authorities.
I. A copy of signed restroom agreement for a restroom that must be accessible to the cart
operator during all hours of cart operations. Vending cart operations will only be permitted to
operate during the hours that the restroom facility is open. The restroom facility must be within
five hundred feet (500') of the vending cart site. Restroom agreement must be submitted
annually.
J. A signed statement that the permittee shall hold the city and its officers and employees
harmless from any and all liability and shall indemnify the city and its officers and employees for
any claims for damage to property or injury to persons arising from any activity carried on under
the terms of the permit.
K. A description of the means to be used in conducting business including, but not limited to, a
description of any mobile container or device, to be used for transport or to display products or
services to be offered for sale. The description of the container or device may be in the form of
detailed scale drawings of the device to be used, material specifications, and an isometric
drawing in color of at least two (2) views showing all four (4) sides of the vending device and
any logos, printing or signs which will be incorporated and utilized in the color scheme. Said
description may include any additional items (e.g., color and material samples, layouts of
signage and graphics, or photographs) which may reasonably be necessary to clearly visualize
the proposed design.
SECTION 11. That section 5.70.030 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.70.030: BILLIARDS AND POOL HALLS; LICENSE; APPLICATION:
All applications for licenses for billiards and pool tables shall provide, in addition to any
information required under section 5.02.060 or its successor section,the number and type of
tables desired and the address of the proposed business.
SECTION 12. That section 5.74.030 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.74.030: LICENSE; APPLICATION REQUIREMENTS:
Every application for a theater, concert hall, motion picture house or other place of amusement
shall be verified and filed with the license supervisor of the city, addressed to the mayor, and
shall include, in addition to any information required under section 5.02.060 or its successor
section,the following information under oath:
A. The address and seating capacity of said establishment;
B. The type and nature of the activity desired to be licensed, and state whether the type of
activity desired requires a sexually oriented business license;
C. The name of the license applicant, together with the applicant's address and phone number;
D. A verified statement that the license applicant is the real party in interest and that the theater
is to be operated for and on behalf of the applicant and not as an agent or for some other person,
organization or entity;
E. 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,the operator must join in the application
and file the same information required of the applicant;
F. If the application is for a motion picture or live theater, the applicant shall specify which
classified theater license the applicant is seeking.
SECTION 13. That section 5.84.130 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.84.130: LICENSE APPLICATION:
Application for license hereunder shall be filed in writing with the city license supervisor on a
form to be provided by the city which, in addition to providing any information required under
section 5.02.060 or its successor section, shall also include the following:
A. The name and address of the applicant, and if a firm, corporation, partnership, association or
club, the principal officers thereof and their addresses;
B. If the applicant is a partnership, the requirements of the preceding subsection shall be given
regarding each member of the partnership, together with the name of the person who is to be in
active charge of the partnership;
C. If the applicant is a corporation, the information required by subsection A of this section shall
be given for each officer and active member of the corporation;
D. The name and location of the principal place of business;
E. A statement disclosing whether any person listed in the application has ever been convicted of
a felony or misdemeanor, and, if so, the nature of the offense, and where and when it was
committed.
SECTION 14. That section 5.86.055 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.86.055: AUTOMOBILE TRAILER COURTS; LICENSE APPLICATION:
Applicants for the license required by section 5.86.054 of this chapter or its successor, shall file
an application in writing with the license office which, in addition to providing any information
required under section 5.02.060 or its successor section, shall also show the plan and location of
applicant's proposed place of business, the number of rooms or spaces available to tenants or
automobile house cars, cabins, trailer houses or house courts, and state in detail the source of
water supply and kind and number of toilets, bath and shower facilities available for use by male
and female guests respectively.
SECTION 15. That section 5.86.470 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
5.86.470: TOBACCO SALES; APPLICATION FOR LICENSE:
The application for the license required by section 5.86.460 of this chapter, or its successor
section shall, in addition to providing any information required under section 5.02.060 or its
successor section, also include: a) a copy of the applicant's federal ATF license; and b) a
statement of the applicant, under oath, identifying the location of the place of business and
setting out the value of the stock of cigars and tobaccos of the applicant at the time of making the
application. The application shall be filed with the city license supervisor.
SECTION 16. That this ordinance shall become effective upon publication.
Passed by the City Council of Salt Lake City, Utah this 21 day of August 2018.
CHAIRPERSON
AT •
ITY RECORDE
Transmitted to Mayor on August 22, 2018
Mayor's Action: ✓ Approved. Vetoed.
Vis;;A?)
AYOR
A446 711/741
CITY RECORDER0 • A la:
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(SEAL)
APPROVED AS TO FORM
Bill No. 44 of 2018. Date: 2 S
Published: August 25, 2018
By: ✓Ah
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