053 of 1999 - Business license fee amendments0 99-1
0 98-29
SALT LAKE CITY ORDINANCE
No. 53 of 1999
(Business license fee amendments)
AN ORDINANCE AMENDING SECTIONS 5.04.070, 5.64.130, 5.72.240,
12.56.330, AND SCHEDULE 1 TO TITLE 5, SALT LAKE CITY CODE,
PERTAINING TO BUSINESS LICENSE FEES.
WHEREAS, the 1997 Utah Legislature enacted House Bill # 98
(" H.B. 98) which, among other things, provided that:
(1) municipalities may license for the purpose of
regulation and revenue any business within the limits of the
municipality and may regulate that business by ordinance;
(2) municipalities may levy and collect a license fee on
businesses which cause disproportionate costs of municipal
services or for which the municipality provides an enhanced level
of municipal services in an amount that is reasonably related to
the costs of the municipal services provided by the municipality;
(3) before the governing body of the municipality imposes a
license fee on a business which causes disproportionate costs of
municipal services, the governing body of the municipality shall
adopt an ordinance defining for purposes of the fee what
constitutes disproportionate costs and what amounts are
reasonably related to the costs of the municipal services
provided by the municipality;
(4) before the governing body of a municipality imposes a
license fee on a business for which it provides an enhanced level
of municipal services, the governing body of the municipality
shall adopt an ordinance defining for purposes of the fee what
constitutes the basic level of municipal services in the
municipality and what amounts are reasonably related to the costs
of providing an enhanced level of municipal services in the
municipality; and
(5) "municipal services" include:
(A) public utilities; or
(B) services for: police, fire, storm water
runoff, traffic control, parking, transportation, beautification,
or snow removal; and
WHEREAS, pursuant to said legislation, Salt Lake City (" the
City" ) previously conducted an analysis of its business license
fees during 1997 and enacted Ordinance No. 88 of 1997 which
adjusted the City's business license fees accordingly; and
WHEREAS, the City has conducted further analysis of its
business license fees which analysis has:
(1) further identified the city's costs of licensing,
inspection, and related administrative costs of all the
businesses within the city; and
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(2) further identified those businesses, as set forth in
Schedule 1 attached hereto and made a part hereof by this
reference, which require a disproportionate level of the city's
services, after defining, for fee purposes, what constitutes
disproportionate costs, the total of said costs of licensing,
inspection, related administrative costs and disproportionate
costs;
NOW, THEREFORE, pursuant to H.B. 98 and based upon the
findings resulting from the aforementioned analysis, be it
ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 5.04.070, Salt Lake City Code,
pertaining 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
levied upon the business of every person engaged in business in
the city at a place of business within the city, an annual
business license fee per place of business. The amount of the fee
shall be the base license fee imposed under subsection B of this
section, plus:
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1. The disproportionate impact fee imposed under
subsection C of this section, if applicable; and
2. The enhanced services fee imposed under subsection
D of this section, if applicable.
B. Base license fee. The base license fee levied and
imposed, covering licensing, inspection, and related
administrative costs shall be as follows:
1. home -occupation businesses: fifty dollars
2. non home -occupation businesses: seventy dollars.
C. Disproportionate Costs.
1. It is determined by the city council that a
disproportionate level of municipal services are provided to
certain businesses within the city in comparison with that level
of services provided to other businesses and to residences within
the city, based on additional services provided to such
businesses and on disproportionate use of police, fire,
transportation, and street maintenance services and the
additional costs associated with increased usage of public
facilities by employees.
2. The fee determined to be related to the
disproportionate costs of such municipal services is (a) ten
dollars per employee for each and every full-time and part-time
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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, plus (b) a designated disproportionate
fee for the applicable businesses as set forth in Schedule 1
attached to this Title 5 and made a part hereof by this
reference.
D. Enhanced Services. It is determined by the city council
that municipal services are provided to businesses within the
central business district and the Sugarhouse business district,
as defined in the zoning ordinance, at a level which exceeds
other geographic areas of the city. No enhanced service fee shall
be charged said businesses at the present time.
E. Multiple rental dwellings. An owner of multiple rental
dwellings within the city shall be required to obtain one base
license and to pay one base license fee for the operation and
maintenance of all such rental dwellings plus a fee for
disproportionate costs of regulation as set forth in subsections
B and C of this section.
F. Fee for Businesses Located Outside the City. There is
levied upon every person engaged in business in the city, not
having a place of business in the city, and not exempt as
provided by Section 5.04.040 of this chapter, or its successor,
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the same license fee as if such place of business were located
within the corporate limits of Salt Lake City.
G. Nonrefundable application fee. In the event any initial
or renewal business license application is denied by the city or
is withdrawn by the applicant, the city shall be entitled to
retain the sum of thirty-five dollars as a nonrefundable business
license application fee from any license fees paid or payable to
the city, unless another nonrefundable business license
application fee is otherwise provided for under the ordinances of
the city.
H. Renewal notices. Any notice or renewal reminder provided
by the city in connection with this Section may be sent by
ordinary mail, addressed to the address of the business as shown
on the records of the city's licensing office, or, if no such
address is shown, to such address as the licensing office is able
to ascertain by reasonable effort. Failure of a business to
receive any such notice or reminder shall not release such
business from any fee or any penalty, nor shall such failure
operate to extend any time limit set by the provisions of this
chapter.
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SECTION 2. That Section 5.64.130, Salt Lake City Code,
regarding solicitors registration be, and the same hereby is,
amended to read as follows:
5.64.130. Registration - Fee - Identification card.
The chief of police shall collect from each person
registered pursuant to Section 5.64.030 of this chapter or its
successor, at the time of registration, a sum to be determined by
the mayor or his or her designee, but not to exceed twenty-five
dollars, which sum shall be remitted by the chief of police to
the city treasurer. Upon payment of the fee, and provided the
person has completed and satisfactorily meets all of the
requirements of this chapter, the police chief shall issue to the
applicant an identification card which shall constitute a permit
for solicitation as provided in this chapter for the period of
time stated thereon.
SECTION 3. That Section 5.72.240, Salt Lake City Code,
regarding taxicab drivers applications be, and the same hereby
is, amended to read as follows:
5.72.240. Application - Fee required.
At the time the application is filed, the applicant shall
pay to the police department a fee, in an amount to be determined
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by the mayor or his or her designee, but not to exceed thirty
dollars.
SECTION 4. That Section 12.56.330, Salt Lake City Code,
regarding freight curb loading zones, be, and the same hereby is,
amended to read as follows:
12.56.330. Freight curb loading zones.
A. No person shall stop a vehicle or permit the same to
remain stopped for any purpose or length of time other than for
the expeditious loading and/or unloading of materials in any
place marked as a freight curb loading zone during the hours when
the provisions applicable to such zones are in effect.
B. Vehicles so using freight curb loading zones must have a
freight license sticker permanently affixed to the front
windshield of the vehicle . Said sticker shall be obtained from
the business license supervisor upon payment of a fee of $25 and
shall be renewable annually. Said sticker is not transferable to
any other vehicle, except as provided herein. The maximum number
of stickers which may be issued to a business shall be the number
of vehicles used by the business for transporting freight. In
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the event the licensee sells, assigns or transfers such vehicle,
the city license may be transferred to a newly acquired vehicle
upon application to the city license supervisor. In the event a
sticker or permit issued by the city under this chapter is lost
or destroyed, the licensee shall forthwith obtain a replacement
sticker or permit from the city. The fee for a transfer of a
motor vehicle license shall be five dollars for each vehicle. The
fee for replacement of a sticker or permit issued by the city
under this chapter shall be five dollars per replacement.
C. In no case shall the stop for loading and/or unloading of
materials exceed thirty minutes.
D. The driver of a passenger vehicle may stop at a place
marked as a freight curb loading zone for the purpose of and
while actually engaged in loading or unloading passengers when
such stopping does not interfere with any city -licensed vehicle
used for the transportation of materials which is waiting to
enter or about to enter such zone; provided, however, that the
driver must remain with his or her vehicle.
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SECTION 5. That Schedule 1 to Title 5 be, and the same
hereby is, amended to read as follows:
SCHEDULE 1
The following classes of businesses, listed with their
subclasses and city object codes, shall be charged the following
fees, in addition to the base license fee and the per employee
fee, due to their receiving a disproportionate level of city
services, as provided in Section 5.04.070, or its successor
section. The listed fee includes the charge for one background
check where required. For each additional background check per
business there shall be a fee of $80.00.
Classes and Subclasses of Businesses City Additional
Object Disproportionate
Code Fee
1 - Pawnshop and Secondhand Dealer
PAWNBROKER 120523
Disproportionate Fee per business $500
SECONDHAND COMPACT DISK EXCHANGE DEALER
Disproportionate Fee per business $150
SECONDHAND COMPUTER EXCHANGE DEALER
Disproportionate Fee per business $150
2 - Transportation vehicles
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CARRIAGE 120726
Disproportionate Fee per vehicle $40
3 - Apartments
APARTMENT UNITS 120444
Disproportionate Fee per Rental Unit $6
Classes and Subclasses of Businesses City Additional
Object Disproportionate
Code Fee
4 - Class "A" Alcohol Related Business
Disproportionate Fee per Business
5 - Class "B" Alcohol Related Business
Disproportionate Fee per Business
6 - Class "C" Alcohol Related Business
120301
120322
$190
$150
120323
Disproportionate Fee per Business $126
7 - Class " D" Special Events
Disproportionate Fee per Event $150
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Classes and Subclasses of Businesses City Additional
Object Disproportionate
Code Fee
8 - Class "E" Alcohol Related Business
120304
Disproportionate Fee per Business $170
9 - Brewery /Micro Brewery Alcohol Related Business
120318
Disproportionate Fee per Business $150
10 - Private Clubs Class "B" Alcohol Related Business
120309
Disproportionate Fee per Business $300
11 - Private Clubs Class "C" Alcohol Related Business
120310
Disproportionate Fee per Business $240
Classes and Subclasses of Businesses City Additional
Object Disproportionate
Code Fee
12 - Liquor Consumption
120327
Disproportionate Fee per Business $150
13 - Temporary Alcohol Related Business
120305
Disproportionate Fee per Business $150
14 - Government Alcohol Related Business
Disproportionate Fee per Business $150
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15 - Auctioneer
120503
Disproportionate Fee per Auctioneer $80
16 - Auction
AUCTION HOUSE - TRANSIENT
Disproportionate Fee per Business
(See Temporary Merchant)
120505
Classes and Subclasses of Businesses City Additional
Object Disproportionate
Code Fee
17 - Vehicle Towing and Wrecking
AUTO TOWING
AUTO WRECKING
Disproportionate Fee per Business
120506
120507
18 - Room Rental (other than apartments)
AUTOMOBILE COURT 120401
Disproportionate Fee per Rental Unit
BOARDING HOUSE 120404
Disproportionate Fee per Rental Unit
HOTEL 120426
Disproportionate Fee per Rental Unit
MOTEL 120427
Disproportionate Fee per Rental Unit
ROOMING HOUSE 120428
Disproportionate Fee per Rental Unit
19 - Entertainment
CONCERT 120808
Disproportionate Fee per exhibition room
$40
$2
$2
$3
$3
$3
$70
THEATER -LIVE 120819
Disproportionate Fee per exhibition room $80
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Classes and Subclasses of Businesses City Additional
Object Disproportionate
Code Fee
THEATER MOTION PICTURE 120820
Disproportionate Fee per screen
LIVE ENTERTAINMENT 120519
Disproportionate Fee per exhibition room
$80
$70
DANCE HALL 120512
Disproportionate Fee per room $80
20 - Dating/Marriage 120538
Disproportionate Fee per Business $80
21 - Fireworks
FIREWORKS -INSIDE 120543
FIREWORKS -OUTSIDE 120545
Disproportionate Fee per Location
$60
22 - Gas/Oil
SERVICE STATION 120429
Disproportionate Fee per Pumping Hose $20
WHOLESALE OIL 120437
Disproportionate Fee (Total per year) $120
WHOLESALE GAS 120438
Disproportionate Fee (Total per year) $600
23 - Tobacco Related 120433
Disproportionate Fee per Business $30
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Classes and Subclasses of Businesses City Additional
Object Disproportionate
Code Fee
24 - Sexually Oriented
ADULT BUSINESS
Disproportionate Fee per Business
120555
$200
SEMI-NUDE DANCING BAR 120557
Disproportionate Fee per Business $200
SOB OUTCALL BUSINESS 120560
Disproportionate Fee per Business $400
NUDE ENTERTAIN. BUSINESS 120563
Disproportionate Fee per Business $300
NUDE AGENCY 120566
Disproportionate Fee per Business $300
SEMI-NUDE DANCE AGENCY 120567
Disproportionate Fee per Business $290
25 - Sexually Oriented
ADULT EMPLOYEE
Disproportionate Fee per Employee
120556
$100
SEMI-NUDE NONPERFORMER 120559
Disproportionate Fee per Employee $100
SOB NONPERFORMER 120562
Disproportionate Fee per Employee $100
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NUDE NONPERFORMER 120565
Disproportionate Fee per Employee $100
Classes and Subclasses of Businesses City Additional
Object Disproportionate
Code Fee
DANCE NONPERFORMER 120569
Disproportionate Fee per Employee $100
26 - Sexually Oriented
SEMI-NUDE PERFORM EMPLOYEE 120558
Disproportionate Fee per Nude/Semi Nude Performer
$160
NUDE PERFORMER EMPLOYEE 120564
Disproportionate Fee per Nude/Semi Nude Performer $160
SEMI-NUDE DANCE PERFORM 120568
Disproportionate Fee per Nude/Semi Nude Performer $160
27 - Sexually Oriented Business
SOB OUTCALL PERFORMER 120561
Disproportionate Fee per Outcall Performer
28 - Sexually Oriented
SOB TRANSFER 120599
Disproportionate Fee per Performer Transfer
29 - Sexually Oriented Business
PHOTOGRAPHY ADULT 120724
Disproportionate Regulatory Fee per Photographer
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$300
$70
$140
Classes and Subclasses of Businesses City Additional
Object Disproportionate
Code Fee
30 - Non Alcohol Private Club
CARD CLUB 120509
Disproportionate Fee per Business
$70
PRIVATE CLUB CLASS A 120308
Disproportionate Fee per Business $80
Classes and Subclasses of Businesses City Additional
Object Disproportionate
Code Fee
31 - Solicitor 120529
Disproportionate Fee per Individual
32 - Temporary Merchant
TEMPORARY MERCHANT
Disproportionate Fee per day
120532
$40
$150
TEMP MERCHANT SPONSOR 120541
Disproportionate Fee per day $120
33 - Temporary Merchant Participant
TEMP MERCHANT PARTICIPANT 120542
Disproportionate Fee per Participant
$20
Classes and Subclasses of Businesses City Additional
Object Disproportionate
Code Fee
34 - Amusement Devices/Billiards
AMUSEMENT DEVICES 120801
BILLIARDS 120803
Disproportionate Fee per device
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$2
SECTION 6. This ordinance shall take effect September 1,
1999.
Passed by the City Council of Salt Lake City, Utah this
8th
ATTEST:
day of
June
e-- k
EF DEPUTY C TY ECORDER
Transmitted to Mayor on
Mayor's Action:
, 1999.
June 8, 1999.
XX AtSprovd. , Vetoed.
MAYOR
CHIEF DEPUTY CIT
(SEAL)
Bill No. 53
Published:
ATTEST:
APPROVED AS TO FORM
Salt Lake ity Attorneys Office'
Date
By
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