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005 of 1994 - Terms of Business Revenue and Regulatory LicensesU 94-1 0 93-42 SALT LAKE CITY ORDINANCE No. 5 Of 1994. (Terms of Business Revenue and Regulatory Licenses) AN ORDINANCE AMENDING SECTIONS 5.02.070, 5.02.120, 5.02.190, 5.02.210, 5.04.010, 5.04.070 B (1), 5.04.110, 5.10.195, 5.10.255, 5.12.080, 5.24.040, 5.26.020, 5.26.170, 5.34.120, 5.34.150, 5.34.260, 5.40.020, 5.40.040, 5.40.060, 5.40 080, 5.40.100, 5.61.160, 5.64.280, 5.72.135, 5.72.295, 5.76.510, 6.08.200, 6.16.070, 9.20.020, AND REPEALING SECTIONS 5.02.130, 15.10.245, 5.10.250, 5.26.080, 5.38.010, 5.38.020, 5.38.030, 5.38.040, 5.38.050, 5.86.100, 5.86.110, 5.86.120, 5.86.130, 5.86.140 OF THE SALT LAKE CITY CODE, RELATING TO TERMS OF BUSINESS REVENUE AND REGULATORY LICENSES AND PENALTIES FROM LATE PAYMENT OF BUSINESS LICENSE FEES. Be it ordained by the City Council of Salt Lake City, Utah: Section 1. That Section 5.02.070, Salt Lake City Code, relating to application, numbering and filing, be, and the same hereby is, amended to read as follows: 5.02.070 Application --Numbering and Filing. The applications, with accompanying statements and bonds shall be numbered by the license supervisor in the order in which they appear in the license supervisor's office and, after numbering, the bonds shall be filed in the office of the license supervisor, and the application shall be filed in the office of the license supervisor in the order in which they are recorded in the assessment rolls. Each application shall bear its proper number and shall be filled in said office. Section 2. That Section 5.02.120, Salt Lake City Code, relating to business license terms and renewal, be, and the same hereby is, amended to read as follows: 5.02.120 License--Term--Renewal. All licenses shall be payable annually in advance. A. All licenses issued by the City prior to January 1, 1994 shall date from the date of issuance and shall expire on the thirty-first day of December of each year, so long as said license is renewed annually without interruption. B. All licenses issued by the City on or after January 1, 1994 shall date from issuance by the City and shall expire the next calendar year on the first day of the same month as the original issuance. Said license shall be renewable annually on the first day following expiration as provided in this subsection B. SECTION 3. That Section 5.02.130, Salt Lake City Code, relating to half -year license and certificate, be, and the same hereby is, repealed. SECTION 4. That Section 5.02.190, Salt Lake City Code, relating to penalties for late payment of license fees, be, and the same hereby is, amended to read as follows: 5.02.190 License --Late payment --Penalty. A. If any license renewal fee is not paid within thirty days of the due date, a penalty of twenty-five percent of the amount of such license fee shall be added to the original amount thereof, 2 *** and, if not paid within two months of the due date, an additional penalty of seventy-five percent shall be added to the original amount thereof for a total of one hundred percent. B. through D. * * * E. Nothing in this Section shall be construed to prevent or in any manner interfere with the enforcement of any criminal or civil penalty provision contained in any ordinance of the City, including but not limited to those provisions pertaining to operation of businesses without an unexpired and valid business license. SECTION 5. That Section 5.02.210, Salt Lake City Code, relating to transfer of name or location fees, be, and the same hereby is, amended to read as follows: 5.02.210 License --Transfer of name or location --Fee. A. through C. D. The transfer fee shall be nonrefundable regardless of whether the application is granted for denied. The mayor, after receiving reports which shall be furnished by the license supervisor, the police department and the board of health, when necessary, may in his/her discretion, deny or grant the transfer of any or all of the said licenses strictly within the above limitations. SECTION 6. That Section 5.04.010, Salt Lake City Code, relating to definitions, be, and the same hereby is, amended to read as follows: A. through D. *** 3 E. "Number of employees" means the average number of employees engaged in business at the place of business each regular working day during the preceding calendar year. In computing such number, each regular full-time employee shall be counted as one full-time employee and each employee which is not a regular full- time employee shall be counted as a part-time employee. F. through G. * * * SECTION 7. That Section 5.04.070, Salt Lake City Code, relating to license fees levied, be, and the same hereby is, amended to read as follows: 5.04.070 License fees levied. A. Fees for Businesses Located in the City. There is hereby levied upon the business of every person engaged in business in the city at a place of business within the city, an annual license fee of seventy dollars per place of business, plus an additional fee of six dollars for each and every full-time employee and three dollars for each and every other employee which is not a full-time employee, exceeding one, engaged in the operation of said business, based upon the number of employees defined in Section 5.04.010 or its successor. B. Exceptions, Maximum Fee and New Businesses. The foregoing notwithstanding, no such person taxed in subsection A above shall be required to pay a fee in excess of twenty-four hundred dollars for each place of business. 4 SECTION 8. That Section 5.04.110, Salt Lake City Code, relating to penalty fees for delinquent license payments, be, and the same hereby is, amended to read as follows: 5.04.110 Fees --Delinquent payments --Penalty. All license fees imposed by this chapter shall be due and payable upon approval by the City of issuance of an initial business license or, in the event of renewal of an existing license, on the day following expiration of the annual business license as set forth in Section 5.02.120 of this title, or its successor section. In the event any fee is not paid on or before such date, a penalty shall be assessed pursuant to the provisions of Section 5.02.190, of this title, or its successor section, which penalty shall become part of the license fee imposed by this chapter. SECTION 9. That Section 5.10.195, Salt Lake City Code, relating to license periods for ambulance drivers, be, and the same thereby is, amended to read as follows: 5.10.195 License --Period of validity --Renewal. The license shall be in effect from the date of approval of issuance and shall expire on the same date as the expiration of the annual business revenue license of the holder as set forth in Section 5.02.120. The licensee may renew such license for each year thereafter upon the payment of the fee of fifteen dollars, unless the license for the preceding year has been suspended or revoked. 5 Section 10. That Section 5.10.245 and 5.10.250, Salt Lake City Code, relating to vehicle inspection and license issuance, be, and the same hereby is, repealed. SECTION 11. That Section 5.10.255, Salt Lake City Code, relating to periodic inspections, be, and the same hereby is amended to read as follows: 5.10.255 Periodic inspections. Every vehicle operating under this chapter must be inspected annually by the police department and the board of health in insure the continued maintenance of safe operating conditions; provided, however, that upon presentation of proof in the form of letter of compliance form the Bureau of Emergency Medical Services, Utah State Department of Health that a vehicle has been inspected by the State Department of Health and found by that department to have met the requirements, the requirements of inspection by the board of health may be waived. SECTION 12. That Section 5.12.080, Salt Lake City Code, relating to penalties for delinquent payment of regulatory fees for automatic amusement devices, be, and the same hereby is, amended to read as follows: 5.12.080 License --Delinquent payment --Penalty. A. All license fees imposed by this chapter shall be due and payable on the same date on which the business revenue license fee is payable as provided by Section 5.01.120, or its successor, section in any calendar year, and in the event any fee is not paid on or before such date, a penalty shall be assessed pursuant to the 6 provisions of subsection A of Section 5.02.190 of this title, or its successor, which penalty shall become part of the license fee imposed by this chapter. B. * * * SECTION 13. That Section 5.24.040, Salt Lake City Code, relating to license fees for distributors of coin -operated music devices, be, and the same hereby is, amended to read as follows: 5.24.040 Fee --Distributor's license. The license fee for each distributor shall be sixty dollars per year. All distributors' license fees shall be payable annually in advance. SECTION 14. That Section 5.26.020, Salt Lake City Code, relating to commercial vehicle licenses, be, and the same hereby is, amended to read as follows: 5.26.020 License--Required--Due date. A. It is unlawful for any owner or operator of a motor vehicle, or any vehicle of any type required to be licensed under this chapter, to be driven or moved upon any street of the city without first paying the fee herein provided and obtaining the proper license for each vehicle so used or operated. B. The annual license fee for each vehicle shall be due on the date of approval of issuance of such license or, if a renewal, on the renewal date of the business revenue license as set forth in Section 5.02.120, or its successor section. 7 SECTION 15. That Section 5.26.080, Salt Lake City Code, relating to six-month commercial vehicle licenses, be, and the same hereby is, repealed. SECTION 16. That Section 5.26.170, Salt Lake City Code, relating to courtesy cars licenses, be, and the same hereby is, amended to read as follows: 5.26.170 License--Payment--Period of validity. All license fees shall be paid annually in advance and shall be in effect from the date of approval of issuance and shall expire on the same date as the expiration of the annual business revenue license of the holder as set forth in Section 5.02.120, or its successor section. Section 17. That Section 5.34.120, Salt Lake City Code, relating to license expiration of fresh meats and fish dealers, be, and the same hereby is, amended to read as follows: 5.34.120 Fresh meat and fish dealers --Expiration of license. All licenses provided by this chapter shall expire on the same day as the expiration of the annual business revenue license as provided by Section 5.02.120, or its successor section. SECTION 18. That Section 5.34.150, Salt Lake City Code, relating to license fees for fruit, vegetables and nuts, be, and the same hereby is, amended to read as follows: 5.34.150 Fruit, vegetables and nuts --Fee for license. Upon filing the application described in Section 5.34.140 or it successor, properly filled out and paying the city license supervisor a license fee of thirty-five dollars for each and every 8 establishment maintained and operated, the city license supervisor shall issue a license to the applicant to operate such establishment, which license shall expire on the same day as the expiration of the annual business revenue license as provided by Section 5.02.120, or its successor section. SECTION 19. That Chapter 5.34.260, Salt Lake City Code, relating to license fees for soft drink sales, be, and the same hereby is, amended to read as follows: 5.34.260 Soft drinks sales --Fee for license. A. * * * B. All such licenses shall expire on the same date as the expiration of the annual business revenue license as provided under Section 5.02.120, or its successor section, regardless of when such license is issued. SECTION 20. That Section 5.38, Salt Lake City Code, relating to Interurban stage lines, be, and the same hereby is, repealed. SECTION 21. That Section 5.40.020, Salt Lake City Code, relating to required locksmith license, be, and the same hereby is, amended to read as follows: 5.40.020 License --Required. No person, including an employee or officer of any firm or corporation, shall engage in business of locksmithing within the city without first having obtained a license to do so. Each act of locksmithing performed without such a license shall be deemed a separate violation of the law. 9 SECTION 22. That Section 5.40.040, Salt Lake City Code, relating to individual locksmith licenses, be, and the same hereby is, amended to read as follows: 5.40.040 License --Issued to individuals. A. Licenses issued shall be personal in nature, and each individual or employee engaged in the business of locksmithing shall be required to have a license. B. * * * SECTION 23. That Section 5.40.060, Salt Lake City Code, relating to license fees for locksmithing, be, and the same hereby is, amended to read as follows: 5.40.060 License --Fees. The yearly locksmithing license fee shall be twenty dollars. In addition to the personal license for locksmithing referred to in Section 5.40.040 of this chapter, or its successor, there shall be a license fee for the operation of a locksmithing establishment in the sum of thirty-five dollars per annum. Payment of such fees shall be made to the Salt Lake City license supervisor at the time application is made for a license hereunder and shall expire on the same day as the expiration of the annual business revenue license as provided by Section 5.02.120, or its successor section. SECTION 24. That Section 5.40.080, Salt Lake City Code, relating to locksmithing bond requirements, be, and the same hereby is, amended to read as follows: 5.40.080 License --Bond requirements. 10 All licensees shall be required, before issuance of a license hereunder, to deposit with the city a corporate surety bond in the penal sum of one thousand dollars for locksmithing licensees, conditioned that the licensee shall faithfully observe and comply with all ordinances and laws pertaining to locksmithing and that such bond shall indemnify the city and any person injured or damaged by reason of the failure of the licensee to comply with such ordinances and laws. SECTION 25. Lake City Code, That Section 5.40.100, Salt relating to displaying of the locksmith plaque, be, and the same hereby is, amended to read as follows: 5.40.100 Display of locksmith plaque. Each licensee shall display conspicuously at his place of business or employment a plaque, of the style, size and color prescribed by the chief of police, which shall include licensee's name and the words "Licensed Locksmith", together with the licensee's identifying number. SECTION 26. That Section 5.61.160, Salt Lake City Code, relating to a license term for a sexually oriented business and employee, be, and the same is hereby is, amended to read as follows: 5.61.160 License --Term. Sexually oriented business and employee licenses issued pursuant to this chapter shall date from approval of issuance by the City and shall expire on the same date as the expiration of the business revenue license as set forth in Section 5.02.120, or its 11 successor section. The license fees required under Section 5.61.120 above shall not be prorated for any portion of a year, but shall be paid in full for whatever portion of the year the license is applied for. SECTION 27. That Section 5.64.280, Salt Lake City Code, relating to telephone solicitation fees, be, and the same hereby is, amended to read as follows: 5.64.280 Permit required --Fee. It is unlawful for any person to solicit, or take orders for any wares, merchandise or services by telephoning city residents at their residences without first obtaining a telephone solicitors permit. The fee for such permit shall be twenty dollars per telephone used for soliciting purposes. SECTION 28. That Section 5.72.135, Salt Lake City Code, relating to taxicab fees, be, and the same hereby is, amended to read as follows: 5.72.135 Fees. No certificate shall be issued or continued in operation unless the holder thereof has paid an annual business regulatory fee of one hundred twenty dollars plus fifty dollars each year for each vehicle authorized under a certificate of public convenience and necessity. Such fees shall be in addition to any other fees or charges established by proper authority and applicable to the holder of the vehicle or vehicles under the holder's operation and control. Provided, however, for any taxicab licensed from October 15th to April 15th only, pursuant to Section 5.72.140, the holder 12 shall be required to pay thirty dollars for a seasonal (one-half year) license. SECTION 29. That Section 5.72.295, Salt Lake City Code, relating to taxicab license renewals, be, and the same hereby is, amended as follows: 5.72.295 License--Duration--Renewal. The taxicab driver's license shall date from approval of issuance by the City and shall expire the next calendar year on the first day of the same month as the original approval of issuance. Said license shall be renewable annually on the first day following expiration upon payment of the fee of fifteen dollars, unless the license for the preceding year has been suspended or revoked. SECTION 30. That Sections 5.76.510, Salt Lake City Code, relating to special transportation siren and emergency equipment, be, and the same hereby are, amended to read as follows: 5.76.510 Sirens and emergency equipment prohibited. No special transportation vehicle licensed under this chapter shall be equipped with a siren, or be permitted to operate as an emergency vehicle. SECTION 31. That Section 5.86.100, 5.86.110, 5.86.120, 5.86.130, and 5.86.140, Salt Lake City Code, relating to coal dealers, be, and the same hereby is, repealed. SECTION 32. That Section 6.08.200, Salt Lake City Code, relating to the expiration date of alcoholic beverage licenses, be, and the same hereby is, amended to read as follows: 13 6.08.200 Expiration date. All licenses issued by the City pursuant to the provisions of this title prior to July 1, 1994 shall expire on the thirtieth day of June of each year and shall be issued for one year so long as said license is renewed annually without interruption, except seasonal licenses which shall be issued for a period of less than a year as may be determined by the mayor or his/her designee. All licenses issued pursuant to the provisions of this title on or after July 1, 1994 shall date from issuance by the City and shall expire the next calendar year on the first day of the same month as the original issuance. The annual business revenue license for all businesses regulated under this Title shall be issued on the same date and shall expire on the same date as the regulatory license issued under this Title. SECTION 33. That Section 6.16.070, Salt Lake City Code, relating to liquor consumption licenses, be, and the same hereby is, amended to read as follows: 6.16.070 License --Expiration date. All licenses issued under this chapter prior to July 1, 1994 shall expire on the thirtieth day of June of each year. All licenses issued on or after July 1, 1994 shall date from issuance by the City and shall expire the next calendar year on the first day of the same month as the original issuance. SECTION 34. That Section 9.20.020, Salt Lake City Code, relating to licenses for the sale of fireworks, be, and the same hereby is, amended to read as follows: 14 9.20.020 License --fees and term. A. * * * 1. through 3. * * * B. The above license fees must be paid at lease ten days prior to the opening of the business, and the license shall date from approval of issuance by the City and shall expire on the date of expiration of the annual business revenue license as set forth in Section 5.02.120, or its successor section. SECTION 35. This ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this 18th day of January , 1994. AVA/ OgAAMMA, CHAIRPERSON ATTEST: IEF D TY CITY RECODER Transmitted to the Mayor on Mayor's action: ATTEST: CITY RECORDER MAYOR 15 January 31, 1994 APPROVED AS TO FORM 3ek Lake Pity Attorney's Office Bill No. 5 of 1994. Published: February 2, 1994 G:\Atty\ORDINA93\LICENSE.W0\6.0 16