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069 of 2001 - amending chapter 3.52 relating to large-scale special events of national or international significan 0 01-1 0 01-20 SALT LAKE CITY ORDINANCE No. 69 of 2001 (Amending City Code re Large-scale Special Events of National or International Significance) Fee Schedule AN ORDINANCE AMENDING CHAPTER 3.52 OF THE SALT LAKE CITY CODE, RELATING TO LARGE-SCALE SPECIAL EVENTS OF NATIONAL OR INTERNATIONAL SIGNIFICANCE. Be it ordained by the City Council of Salt Lake City,Utah: SECTION 1. That Section 3.52.020, SALT LAKE CITY CODE,be, and the same hereby is, amended to read as follows: 3.52.020 Definitions. A. "Advisory Committee" means the large-scale special event advisory committee established in Section 3.52.030. B. "City services" means the provision of City employees or equipment for services related to large-scale special events, including without limitation police, fire, and building inspection services other than those that are determined by the City to be basic city services. C. "Director of public utilities" means the director of the City's department of public utilities or his or her authorized representative. D. "Employee" means the operator, owner, or manager of a business and any persons employed by such person in the operation of that business in any capacity; and also any salesperson, agent, leased employee, or independent contractor employed by a merchant. E. "Event period" means the period of time during which a large-scale special event occurs, as specified in the application for a permit for such event. F. "Impact area" means the area, designated as such in the permit or city services contract for a large-scale special event, that requires an enhanced level of city services as a consequence of such event. G. "Large-scale special event" means an organized event of national or international significance in which not less than 25,000 individuals from outside the state of Utah are anticipated or planned to congregate and make use of public property within Salt Lake City for the purpose of commerce, education, entertainment, or sport. H. "Mayor" means the mayor of Salt Lake City, Utah, or the mayor's designee. I. "Merchant" means any person or entity who, during the event period and within the limits of the City: 1. Engages in a temporary business of selling or delivering goods, wares or services, or who conducts meetings open to the general public where franchises, distributorships, contracts or business opportunities are offered to the public; or 2. Sells, offers or exhibits for sale any goods, wares, services, franchises, distributorships, contracts or business opportunities, during the course of or any time within six (6)months after a lecture or public meeting pertaining to such goods, wares, services, franchises, business opportunities, contracts or distributorships. Notwithstanding the foregoing, the following persons or activities shall not be considered a merchant: a. (i) A person who occupies any business establishment for the purpose of conducting a permanent business therein (provided, however, that no person shall be relieved from the provisions of this chapter by reason of a temporary association with any City-licensed dealer, trader, merchant or auctioneer), or(ii) a 2 person conducting a temporary or transient business in connection with, as a part of, or in the name of, any City-licensed dealer, trader, merchant or auctioneer when that person is operating within ten (10) feet of said licensed business and the person can be identified as an employee of such business; b. Art exhibits, where participating artists sell their original works and when the exhibits do not contain any artwork purchased or taken on consignment and held for resale; c. Employees of merchants; d. Religious organizations or charitable organizations. J. "Organizer" means the applicant for a large-scale special event permit. K. "Permit area" means the area designated in the permit for a large-scale special event as the area within which such event will occur. L. "Religious or charitable organization"means any organization that can provide written approval from the Internal Revenue Service that the organization has been granted tax- exempt status under Section 501(c)(3) of the Internal Revenue Code, or its successor. M. "Sales event" means a circumstance where two (2) or more merchants display any goods, wares or services at a location in the City for the purpose of sale or soliciting orders to be filled in the future, for financial gain or profit. N. "SLOC" means the Salt Lake Organizing Committee for the Olympic Winter Games of 2002. O. "Street" means and shall embrace all land platted as a street between the adjacent property lines including curb, sidewalk, gutter, and parking median. 3 P. "Umbrella merchant"means any person who, during the event period and within the limits of the City, leases or rents or otherwise makes available for use to a merchant or merchants, for thirty(30) days or less, a building or portion of a building or other space for the purpose of conducting a sales event. SECTION 2. That Section 3.52.070, SALT LAKE CITY CODE, be, and the same hereby is, amended to read as follows: 3.52.070 Interstate and Intrastate Commerce, Solicitation and Selling A. Registration—Required. 1. Registration, Form. It is unlawful for any person to solicit for the sale of, offer for sale, or sell, from house to house or from place to place within the corporate limits of the City, any goods, wares or merchandise whatsoever, subscriptions to any kind of publication, tickets, coupons or receipts representing value or redeemable in any kind of consideration, without first having registered with the City's business license office. In so registering, the person desiring to solicit as above described shall complete a registration form provided by the City showing his or her name and home address and the name and home address of the person, firm or corporation which said person represents. 2. Purpose. The City declares that this ordinance is passed as an exercise of the police power for the identification of individuals desiring to solicit business within the corporate limits of the City and for the protection of the residents of the City. B. Registration, Fee, Identification Card. The City's business license office shall collect from each person registered pursuant to this section, at the time of registration, a fee in the sum set forth in Schedule I of this chapter (to 4 cover the City's costs), which sum shall be remitted by the business license office to the city treasurer. Upon payment of the fee, and provided the person has completed and satisfactorily meets all of the requirements of this section, the business license office shall issue to the applicant an identification card which shall constitute a permit for solicitation or sales as provided in this section for the period of time stated thereon. Every person issued an identification card by the business license office shall wear said card in a conspicuous location on his or her outer clothing, above the waist, at all times during any solicitation or sales activity such that the said card is readily visible to persons being solicited. C. Registration—Photographs. At the time of registering, the person desiring to solicit or sell pursuant to this section shall sign his or her name on the registration record kept by the business license office. At that time the person shall submit to being photographed by the City so the City can prepare an identification card for the person. D. Exception for SLOC. Notwithstanding anything in this section to the contrary, any employee receiving credentials and a photo identification card from SLOC shall not be required to pay an employee fee to the City or obtain a photo identification card from the City. SECTION 3. That Section 3.52.080, SALT LAKE CITY CODE, be, and the same hereby is, amended to read as follows: 3.52.080 Umbrella Merchants and Merchants A. License—Required. 1. It is unlawful for any person to engage in, carry on, or conduct the business of an umbrella merchant or a merchant in the City without first obtaining a license from the City. 5 a. The license fee for engaging in, carrying on, or conducting business as an umbrella merchant shall be the sum set forth in Schedule I of this chapter. b. The license fee for engaging in, carrying on, or conducting business as a merchant shall be the sum set forth in Schedule I of this chapter. B. Merchants and Umbrella Merchants—Information Required. 1. An umbrella merchant must submit to the license office, at least forty-five (45) days prior to a large-scale special event, an application containing the following information: a. A list of all merchants that will be working under that umbrella merchant, including their names and addresses, and a statement of the maximum number of such merchants; b. The location of the event; and c. The dates of commencement and teiiuination of the event. 2. A merchant must submit to the license office, at least forty-five (45) days prior to a large-scale special event, an application containing the following information: a. A list of all of its employees, including their names and addresses, and a statement of the maximum number of such employees; b. The location of the event; and c. The dates of commencement and termination of the event. 3. If the umbrella merchant desires to add additional merchants after the above information has been submitted to the City's business license office, such umbrella merchant must notify the City's business license office and update the list of 6 merchants within twenty-four(24) hours after making the decision to add additional merchants. 4. If the merchant desires to add additional employees after the above information has been submitted to the City's business license office, such merchant must notify the City's business license office and update the list of employees within twenty-four (24) hours after making the decision to add additional employees. C. Approval of Application by Mayor. A license maybe issued to an umbrella merchant, or to a merchant who is not working under an umbrella merchant, only following approval of such license by the mayor. In making the decision whether to approve a license, the mayor shall take into account the City's interest in protecting the health, safety, and welfare of the public, the impact on transportation and pedestrian traffic, density of merchants, and compliance with other applicable City ordinances, rules, and regulations. D. Approval of Site by Mayor. During an event period, a person may engage in merchant or umbrella merchant activities only on a site that has been approved by the mayor. E. Registration—Required. 1. Registration; Form; Identification Card. It is unlawful for any merchant or umbrella merchant or for any person to solicit for the sale of, offer for sale, or sell, from house to house or from place to place within the corporate limits of the City, any goods, wares or merchandise whatsoever, subscriptions to any kind of publication, tickets, coupons or receipts representing value or redeemable in any kind of consideration, without first having registered with the City's business license office. In so registering, the person desiring to solicit as above described shall complete a registration form provided by the City, stating the location, stating whether the 7 activity will occur on public or private property, stating his or her name and home address, and stating the name and home address of the person, firm or corporation which said person represents. Upon compliance by the person with the requirements of this section, the business license office shall issue to the person an identification card, which shall constitute authorization to perform solicitation or sales as provided in this section for the period of time stated thereon. Every person issued an identification card by the business license office shall wear said card in a conspicuous location on his or her outer clothing, above the waist, at all times during any solicitation or sales activity such that the said card is readily visible to persons being solicited. 2. Application. Upon receipt of a written application therefore, the City's business license office shall, upon a finding of the following conditions, grant to such person permission to display or sell merchandise whether on public or private property at such location and for such period of time as is specifically stated in such written permit. Such permit will not: a. create an undue concentration of such merchants or employees; b. except as provided in the permit for the large-scale special event, materially interfere with the free flow of traffic, pedestrian or vehicular; c. create an undue burden in controlling and policing illegal activities in the vicinity; d. create a nuisance to the community; or e. adversely affect the health, safety and morals of the residents of the City. 3. Registration—Photographs. 8 At the time of registering, the person desiring to solicit pursuant to this section shall sign his or her name on the registration record kept by the business license office. At that time the person shall submit to being photographed by the City so the City can prepare an identification card for the person. F. Exception for SLOC. Notwithstanding anything in this section to the contrary, any employee receiving credentials and a photo identification card from SLOC shall not be required to pay an employee fee to the City or obtain a photo identification card from the City. SECTION 4. That Schedule Ito Chapter 3.52, SALT LAKE CITY CODE, be, and the same hereby is, amended to read as follows: SCHEDULE I 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, Salt Lake City Code, 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 $60.00 Additional Disproportionate Classes and Subclasses of Businesses City Object Code Fee Umbrella Merchant Disproportionate Fee per event 120580 $10,000 Merchant Disproportionate Fee per event 120581 $750 Employee Disproportionate Fee per event 120582 $60 SECTION 5. EFFECTIVE DATE. That this Ordinance shall take effect on the date of its first publication. 9 Passed by the City Council of Salt Lake City, Utah, this 16thday of October , 2001. 9 i r I CHAITOERS ON ATTEST: APPROVED AS TO FORM Salt Lake City Attorneys Office • Date 'f_"/Y—L}/ CHIEF DEPUTY CITY RE ORDER 8y__ Transmitted to the Mayor on !O'"t(7'•O/ Mayor's Action: Dii<rproved ❑Vetoed i MAYOR ATTEST: • • IEF DEPUTY CITY REC RDER (SEAL) 4 ,fig � Bill No. 69 of 2001 ��1 "" ~ %e4, Published: 10-23-01 t it G\OrdlnaOl\Amending Chapter 3 52-Large-Scale Special Eventsclean doe 10