Licensing, Control And Regulation Of Business And Construction.

PART 9-110. GENERAL PROVISIONS.

9-111. DEFINITIONS. As used in chapters 9-200, 9-300 and 9-400:

A. “Business” means and includes all activities engaged in within this city carried on for the purpose of gain or economic profit, except that the acts of employees rendering service to employers shall not be included in the term business unless otherwise

specifically provided.

B. “Engaging in business” includes, but is not limited to, the sale of tangible personal property at retail or wholesale, the manufacturing of goods or property and the rendering of personal services for others for consideration by persons engaged in any profession, trade, craft, business, occupation or other calling, except the rendering of personal services by an employee to his employer under any contract of personal employment.

C. “Place of business” means each separate location maintained or operated by the licensee within this city from which business activity is conducted or transacted.

D. “Employee” means the operator, owner or manager of a place of business and any persons employed by such person in the operation of said place of business in any capacity and also any salesman, agent or independent contractor engaged in the operation of the place of business in any capacity.

E. The term “wholesaler” means a person doing a regularly organized wholesale jobbing business and selling to retail merchants, jobbers, dealers or other wholesalers, for the purpose of resale.

F. The term “wholesale” means a sale of tangible personal property by wholesalers to retail merchants, jobbers, dealers or other wholesalers for resale, and does not include a sale by wholesalers or retailers to users or consumers not for resale, except as otherwise specified.

G. “Each separate place of business” shall mean each separate establishment or place of operation, whether or not operating under the same name, within the 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 engaging in the business of selling tangible, personal property at either retail or wholesale, or both, in the city.

9-112. BUSINESS LICENSE REQUIRED. It shall be a class B misdemeanor for any person to transact, engage in or carry on any business, trade, profession, calling or to operate a vending, pinball or coin-operated machine without first receiving the class or type of license required by the city.

9-113. LICENSE ASSESSOR AND COLLECTOR. The recorder is designated and appointed as ex officio assessor of license fees for this city. On receipt of any application of a license, the recorder shall assess the amount due thereon and shall collect all license fees. The City Council shall, from time to time, establish the fees by resolution. The fees will be listed in the current fee schedule. He shall enforce all provisions of this title and shall cause to be filed complaints against all persons violating any of the provisions of this title.

9-114. PAYMENTS DATES. All license fees shall be due and payable as follows, except as may be otherwise provided in the applicable ordinance:

A. Annual fees shall be payable before each calendar year in advance. The annual license shall date from the first day of April of each year and shall expire on March 31 of each year.

B. Annual fees shall be due on the first day of April and shall become delinquent if not aid by May 1 each year.

C. One-half of annual fee shall be payable for all licenses issued by the municipality pursuant to applications made after Oct. 1 of each year, and licenses issued after Oct. 1 shall expire on the first day of the following January. Payment shall be due upon the date of application approval.

9-115. PENALTY FOR LATE PAYMENT

A. all applications for license shall include:

1. the name of the person desiring a license.
2. the kind of license desired, stating the business, calling, trade or profession to be preformed, practiced or carried on.
3. the class of license desired, if such licenses are divided into classes.
4. the place were such business, calling, trade or profession is to be carried on giving the street number if the buisness calling, trade or profession is to be carried on in any building or enclosure having such number.
5. the period of time for such license is desired to be issued.

B. in the event that the license application relates to a coin-operated machine device. the application shall identify the machine or device to which it applies and the location thereof.

9-117 CERTIFICATE. all certificates of license shall be signed by the mayor, attested by the recorder, and shall contain the felling information.

A. the name of the person whom such certificate has be issued.

B. the amount paid.

C. the type of license and the class of such license if the licenses are divided into classes.

D. The term of the license with the commencing date and the date of its expiration.

E. The place where such business, calling, trade or profession is to be conducted.

9-118. DISPLAY.

A. Every certificate of license issued under this title shall be posted by the licensee In a conspicuous place upon the wall of the building, room or office of the place of business so that the same may be easily seen. When such certificate of license has expired, it shall be removed by the licensee from such place in which it has been posted, and no certificate of license which is not in force and effect shall be permitted to remain posted upon the wall or any part of any room within the place of business. If the licensee’s business is such that a license cannot be displayed due to the transient or mobile nature of the business, then the licensee shall carry the license on his person ready to be shown on request by an authorized officer during all such time or times while the licensee is engaged in or pursuing the business for which a license is granted.

B. In the event the license is for a coin-operated machine or device, the certificate shall be attached or displayed in the immediate vicinity of the machine for which it has been issued.

9-119. TRANSFER OF LICENSE; PROHIBITED. No license granted or issued under any ordinance of this city shall be assigned or transferred to any other person. It shall not be deemed to authorize any person other than therein named to do business or to authorize any other business, calling, trade or profession than is therein named unless by permission of the city council.

9-120. REVOCATION OR DENIAL OF BUSINESS LICENSE.

A. Any license issued pursuant to the provisions of this code or of any ordinance of this city may be revoked and any application denied by the city council because of:

1. The failure of the licensee or applicant to comply with conditions and requirements of this code or any ordinance of the city.
2. Unlawful activities conducted or permitted on the premises where the business is conducted.

B. Prior to the revocation of a license or denial of an application to renew business license, the licensee or applicant shall be given a notice which shall state in substance that the city council intends to revoke the business license or deny the application to renew, together with the reason or reasons therefor, at a regular or special meeting of the city council (which shall be at least ten days and not more than 30 days from the date notice is sent) and that the licensee or applicant has a right to appear, to be represented by counsel, to hear the evidence against him, to cross-examine witnesses and to present evidence as to why the license should not be revoked or the application denied.

C. The-preceding subsection shall not apply to applications for licenses for businesses which have not previously been licensed by the city, and such applicants need only be informed that their application has been denied.

9-121. BRANCH ESTABLISHMENTS. A separate license must be obtained for each separate place of business in the city and each license shall authorize the licensee to engage only in the business licensed thereby at the location or in the manner designated in such license, provided, that warehouses and distributing places used in connection with or incident to a business licensed under this part shall not be deemed to be separate places of business or branch establishments.

9-122. JOINT LICENSE. Whenever a person is engaged in two or more businesses at the same location within the city, such person shall not be required to obtain separate licenses for conducting each of such businesses, but shall be issued one license which shall specify on its face all such businesses. The license tax to be paid shall be computed at the highest license fee applicable to any of the businesses being conducted at such location. The sale of beer or any other product or service requiring an additional license shall be subject to such additional licensing requirements. Where two or more persons conduct separate businesses at the same location, each such person shall obtain a license for such business and pay the required license tax for such business.

9-123. RECIPROCAL RECOGNITION OF LICENSES.

A. No license shall be required for operation of any vehicle or equipment in this city when:

1. Such vehicle is merely passing through the city.
2. Such vehicle is used exclusively in inter-city or interstate commerce.

B. No license shall be required by chapters 9-200, 9-300 or 9-400 of any person whose only business activity in this municipality is the mere delivery in the city of property sold by him at a regular place of business maintained by him outside the city where:

1. Such person’s business is at the time of such delivery licensed by the Utah municipality or county in which such place of business is situated, and,
2. The authority licensing such business grants to licensees of this city making deliveries within its jurisdiction the same privileges, upon substantially the same terms, as are granted by this section, and,
3. Neither the property delivered nor any of the facilities by which it was manufactured, produced or processed are subject to inspection by authority of this city for compliance with health or sanitary standards prescribed by this city, and,
4. The truck or other conveyance by which such delivery is made prominently displays at all times a license plate or symbol used by the said licensing authority to evidence such business license. Such plate or symbol shall identify the licensing authority by which it is issued, shall indicate that it evidences a license issued thereby, and shall specify the year or term for which it is effective.

C. The recorder shall at the request of any person certify a copy of this section to any municipality or county of the state of Utah to which a copy has not previously been certified.

9-124. EXEMPTIONS TO LICENSE.

A. No license fee shall be imposed under chapters 9-200 or 9-300 on any person engaged in business for solely religious, charitable, eleemosynary or any other type of strictly non-profit purpose which is tax exempt in such activities under the laws of the United States and the state of Utah, nor shall any license fee be imposed on any fees by the person the laws engaged of in the United business States or specifically the state exempted of Utah; from nor shall municipal any taxation license and fee be has paid imposed alike upon or any similar person license not tax or maintaining fee to some place of other business taxing unit within this the city state who
of agreement Utah and or which, otherwise, taxing unity businesses exempts domiciled from in its this license city and tax or doing fee, business by in reciprocal such taxing unit.

В. The license assessor and collector may, with approval of the city council, enter into reciprocal agreements with the proper officials of other taxing units, as may be deemed equitable and proper in effecting the exemption provided for in subsection A of this section.

9 – 1 25. FEE NOT TO CONSTITUTE UNDUE BURDEN ON INTERSTATE COMMERCE. None of the license taxes provided for by chapters 9-200 and 9-300 shall be applied as to occasion an undue burden on interstate commerce. In any case, where a license tax is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the license assessor and collector for an adjustment of the tax so that it shall not be discriminatory, unreasonable or unfair as to such commerce. Such application may be made before, at or within six months after payment of the prescribed license tax. The applicant shall, by affidavit and supporting testimony show his method of business and the gross volume or estimated gross volume of business and such other information as the license assessor and collector may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The license assessor and collector shall then conduct an investigation, comparing applicant’s business with other businesses of like nature and shall make findings of facts from which he shall determine whether the tax fixed by chapters 9-200 and 9-300 is discriminatory, unreasonable or unfair as to applicant’s business and shall recommend to the city council a license tax for the applicant in an amount that is nondiscriminatory, reasonable and fair, and if the city council is satisfied that such license taxi s the amount that the applicant should pay, it shall fix the license tax in such amount. If the regular license tax has already been paid, the city council shall order a refund of the amount over and above the tax fixed by the city council. In fixing the fee to be charged, the license assessor and collector shall have the power to base the fee upon a percentage of gross sales or employees or may use any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature.

CHAPTER 9-200. BUSINESSES LICENSED ON AN ANNUAL FEE.

PART 9-210. FEE LEVIED.
9-211. SCHEDULE. The business, location, trade, calling or profession of every person engaged in a business in this city listed below shall pay an annual license fee as follows:

All rates: $25

A. Automotive Trades
Service Stations
4 dispensers or fewer
Each dispenser over 4
Garage
Repairs cars, trucks and farm machinery
Sells parts, accessories, tires, tubes
Gasoline and oil
New Car Dealer
Has new car franchise, sells new and used cars and parts, accessories, tires, tubes and operates garage to repair the above
Trucking Firm, Establishment or Business
Parts and Accessory Store
Sells automobile parts and accessories
Tires, Repairs and Recapping
Sells and Repairs all kinds of tires and tubes
Used Car Dealer
Wholesale Oil Company

B. Building Trades
Lumber Yard
Cabinet Shop

C. Drug Store – Sells drugs, candy, prescriptions, toiletries, sundries, fountain and other items not specifically designated in other fields
1-2 employees
3-4 employees
Each employee over 4

D. Foods
Bakery
Cafe
Up to 10 seats
10 seats and over
Dairy or Creamery
Grocery Store – Sells meats, groceries, soft drinks, ice cream, candy, wrapped bakery goods.
1-5 employees
6 or more employees
Frozen Food Locker Business

E. Financial Establishments
Bank
Small Loan Business

F. Home Furnishings
Furniture store – Sells furniture, carpets, drapes, home furnishings and appliances
Appliance Sale and Repair

G. Industrial, Livestock and Agricultural Trades
Coal Dealer
Hardware and Implements – Sells hardware, implements and farm machinery, new and used parts, accessories, tires and tubes for the same and operates repair garage
Foundry, Milling and Elevators Feed, grain and coal
Salvage Dealer

H. Personal Service
Assayers
Accountant (C.P.A)
Barber (each barber)
Beautician, cosmetologist, manicurist (each operator)
Each additional operator
Chiropractor
Dentist
Dry Cleaning (cleaning and pressing)
Florist
Laundries (including self-service)
Lawyer
Masseur, Masseuse (massage parlors)
Plus per operator
Mortician
Optician
Optometrist
Osteopath
Pharmacist
PhotoShop
Physician and Surgeon
Professional Engineers
Professional Land Surveyors
Real Estate Salesman
Plus per salesman
Securities Dealers and Brokers
Soft Water Service
Taxi Service
Veterinarian
Tree Trimmers (surgeon and gardeners)
Spray Service
Any other personal service

I. Recreation
Tavern
Bicycle Shop
Boxing and Wrestling (per day)
Circus or Carnival (per day)
Skating Rink (ice or roller)
Theater
Set-up License
Billiard Parlor
Bowling Alley
Pin Ball Machines, used for amusement only, wholesale distributor (per machine)
Dance Halls
Dance Studios and Dancing Schools

J. Wearing Apparel
Dry Goods, Ready-to-wear Clothing, Shoes
Jewelry Store and Watch Repair
Men’s, Ladies and Boys’ Clothing
Shoe Store

K. Other
Auctioneer
Cosmetic Salesman
Hotel or Motel or Apartments
10 units and under
Over 10 units
Rest Home
Solicitor or Peddler
Sporting Goods Store
Propane Gas Dealer
Television Sales
Television Repair
Garage, in connection with service station repairs, cars, trucks, but does not sell parts .
Auto Body Shop
Machine Shop
Sheet Metal Shop
Upholstery Shop
Monuments
Trailer Court (mobile home parks, see zoning)
10 units and under
Over 10 units
Furnace Cleaning and Repair
Septic Tank Cleaner
Cold Storage
Carpet and Rug Cleaning and Repair
Collection Agency
Day Nurseries
House Cleaning Services
Tailors
Vending Machine
Plus, for each machine
Fruit Stands
Book Store
Printing Shop
Gas Company
Telephone Company
Cigarette and/or Tobacco (except vending machines)

The license fee for all other businesses for which no license fee is otherwise stated in this section is $25

CHAPTER 9-300. BUSINESS LICENSED ON THE BASIS OF GROSS RECEIPTS.

PART 9-310. ADMINISTATION AND IMPOSITION OF TAX.

9-311. TERMS DEFINED.

A. As used in this chapter:

1. The term “retailer” means a person doing a regularly organized retail business in tangible personal property, and selling to the user or consumer and not for resale, and includes commission merchants, auctioneers, and all persons regularly engaged in the business of selling to users or consumers within the city, but the term “retailer” does not include farmers, gardeners, stockmen, poultrymen or other growers or agricultural producers producing and doing business on their own premises, except those who are regularly engaged in the business of buying or selling for a profit .
2. The term “retail sale” means every sale within the municipality by a retailer or wholesaler to a user or consumer, except sales defined as wholesale sales or otherwise exempted by the terms of this chapter, but the term “retail sale” is not intended to include isolated nor occasional sales by persons not regularly engaged in business, nor seasonal sales of crops, seedling plants, garden or farm or other agricultural produce by the producer thereof, or the return to the producer thereof of processed agricultural products, but no sale of vehicle of type required to registered under the provisions of the motor vehicle laws of this state shall be deemed isolated or occasional for the purposes of this chapter, except that any transfer (on any motor vehicle in the business reorganization where the ownership of the transferee organization is substantially the same as the ownership of the transferor organization shall be considered an isolated or occasional sale. Any farmer or other agricultural producer who sells poultry, eggs or dairy products to consumers will be deemed to be a retailer making retail sales and such sales will not be exempt under the provisions of this chapter if such sales have an average monthly sales value of $125 or more.
3. The term “sale” or “sales” includes installments and credit sales, and the exchange of properties as well as the sale thereof for money, every closed transaction constituting a sale. A transaction whereby the possession of property is transferred but the seller retains the title as security for payment of the price shall be deemed a sale.
4. The term “purchase price” means the price to the consumer exclusive of any tax imposed by the federal or state government by this chapter.

B. When the right to continuous possession or use of any article of tangible personal property is granted under a lease or contract and such transfer or possession would be taxable if article of tangible personal property is granted under a lease or contract and such transfer or possession would be taxable if any outright sale were made, such lease or contract shall be considered the sale of such article, and the tax shall be computed and paid by the vendor or lessor upon the rentals paid.

C. The term “admission” includes seats and tables, reserved or otherwise, and other similar accommodations and charges made therefor, and “amount paid for admission” means the amount paid for such admission, exclusive of any admission tax imposed by the federal or state government or by this chapter.

D. “Gross sales” shall not include:

1. The amount of any federal tax, except excise taxes imposed upon or with respect to retail or wholesale sales, whether imposed upon the retailer, wholesaler, jobber or upon the consumer and regardless of whether or not the amount of federal tax is stated to customers as a separate charge or,
2. The amount of net Utah state· sales tax.

E. The term “gross sales” does include the amount of any manufacturer’s or importer’s excise tax included in the price of the property sold, even though the manufacturer or importer is also the wholesaler or retailer thereof, and whether or not the amount of such tax is stated as a separate charge.

9-312. BUSINESS SUBJECT TO TAX. The business, location, trade, calling or profession of every person engaged in a business in this city listed below shall pay the gross receipts tax required by this chapter:

9-313. REGISTRATION.

A. All persons subject to the gross receipts tax, shall complete and file in the office of the recorder a registration form, provided to him by the city which shall show:

1. The name of the applicant.
2. The address and telephone number of the applicant.
3. The type of organization, e.g., corporation, partnership, or sole proprietor.
4. If a partnership or a corporation or other artificial person, the name, address, and telephone number of the person responsible for the functions of the organization.
5. Such other information as the city council may by regulation require.

B. Any person seeking to register for the privilege of engaging in a business listed in this chapter shall pay an annual registration fee of $ ____

9-314. TAX LEVIED.

A. Every person who sells at retail goods or services in excess of $ ___ shall pay a license tax during the month following the end of each quarter, e.g., April, July, October and January, for the previous quarter in an amount equal to _____ percent of the amount received or, in the case of property exchanged, an amount equal to _ percent of the fair market value:

1. Of the purchase price paid on every sale of tangible personal property.
2. For all meals furnished by any restaurant, eating house, hotel, drug store, club or any other business.
3. For admission to any place of amusement, entertainment or recreation.
4. For all services for repairs or renovations of tangible personal property, or for installation of tangible personal property rendered in connection with other tangible personal property.
5. For tourist home, hotel, motel, or trailer court accommodations and services; provided this subsection shall not apply to the amount paid or charged for tourist home, motel, hotel or trailer court where residency is maintained continuously under the terms of a lease or similar agreement for a period not less than thirty days.
6. For laundry and dry cleaning services.

B. Every person who sells at wholesale goods or services in excess of $ ___ shall pay a license tax during the month following the end of each quarter, e.g., April, July, October and January, for the previous quarter an amount equal to _____ _ percent of the amount received, or in the case of property exchanged, an amount equal to ____ percent of the fair market value:

1. Of the purchase price paid on every sale of tangible personal property.
2. For all services for repairs or renovations of tangible personal property, or for installation of tangible personal property rendered in connection with other tangible personal property.
3. For laundry and dry cleaning services.

9-315. TAX ON BUSINESS WITHOUT PLACE OF BUSINESS WITHIN CITY. There is hereby levied upon every person engaged in business in this city, which does not have a place of business in this city and is not exempt, a license fee based upon the percentage of gross sales and/or services made or performed within the city in relation to the total gross sales and/or services made or performed from a place of business outside the corporate limits of this city from which business within this city is transacted and by applying such percentage to the fee which would otherwise be assessed for such place of business were it located with the corporate limits.

9-316. EXEMPT SALES.

A. All sales of motor fuels and special fuel upon which an excise tax is imposed; all sales to the United States government; all sales to the state of Utah, its departments and institutions and the political subdivisions thereof; all sales of draught beer sold for consumption on the premises; and all sales made to or by religious, charitable and eleemosynary institutions, in the conduct of the regular religious, charitable, and eleemosynary functions and activities; all sales of vehicles of a type required to be registered under the provisions of the motor vehicle laws of this state which are made to bona fide nonresidents of this state and are not thereafter registered or used in this state except as necessary to transport them to the borders of this state; and all sales which the state of Utah or this city is prohibited from taxing under the constitution or laws of the United States or the state of Utah shall not be included in any computations of license fees imposed under this chapter.

B. Each purchase of tangible personal property or product made by a person engaged in the business of manufacturing, compounding the sale, profit or use, any article, substance or commodity, which enters into and becomes an ingredient or component part of the tangible personal property or product which he manufactures, or compounds, and the container, label or the shipping case thereof, shall be deemed exempt from taxation under this chapter.

C. For the purpose of this chapter, poultry, dairy and other livestock feed, and the components thereof, and all seeds and seedlings, are deemed to become component parts of the eggs, milk, meat and other livestock products, plants and plant products, produced for resale; and each purchase of such feed or seed from a wholesaler, or retailer as well as from any other person shall be exempt from taxation under this chapter.

D. Sprays and insecticides used in the control of insect pests, diseases and weeds for the commercial production of fruit, vegetables, feed, seeds and animal products shall be exempt from taxation under this chapter.

9-317. RECORDS AND REPORTS.

A. Each person subject to this chapter shall maintain at each place of business required to be licensed by this chapter records of purchases, sales and other data, which records shall be kept in conformity with generally accepted accounting principles for the purpose of disclosing and verifying the retail and wholesale sales of such place of business and the gross sales price or other consideration received for the sale or transfer of personal property and services subject to this chapter which are sold or transferred during each calendar quarter year. Each person shall make such report relating to his retail sales during calendar quarters as may be required from time to time by the recorder.

B. The report shall accompany the remittance of the amount of license fee herein required to be paid by the licensee for the period covered by the returned. The fee as computed in the return shall in all cases be based upon the total sales made during the period including both cash and charge sales. Credit shall be allowed to the licensee for fees paid on sales represented by that portion of an account determined to· be worthless and actually charged off for income tax purposes or on the portion of the purchase price remaining unpaid at the time of a repossession made under the terms of a conditional sales contract.

C. The recorder may extend the time for making returns and paying the fees required to be paid by this chapter under such rules and regulations as the city council may prescribe, but no such extension shall be for more than ninety days. The recorder, if deemed necessary in order to insure the payment of the tax imposed by this chapter, may require returns and payment of the taxes to be made for other than quarterly periods. If the accounting methods regularly employed by the licensee in the transaction of his business are such that reports of sales made during a calendar month will impose unnecessary hardships, the recorder may accept reports at such intervals as will in his opinion better suit the convenience of the licensee and will not jeopardize the collection of the tax. Whenever possible the recorder shall seek to make the reporting and record keeping requirements imposed by this chapter coincide with the report and record keeping requirements of the state tax commission under the provisions of the state sales tax act .

9-318. IN ADDITION TO OTHER LICENSE FEES. The license fees imposed by this chapter shall be in addition to any and all other license fees, whether called a fee or tax or otherwise, imposed by any other provision of the ordinances of this city.

9-319. PENALTY. Whenever any fee required to be paid by the chapter is not paid on or before the day on which it becomes delinquent, a penalty of ten percent of the amount due shall be imposed. Such penalty shall become a part of the fee imposed by this chapter.

9-320.. PRESERVATION OF RECORDS. It shall be the duty of every person subject to this part to preserve the records required to be kept hereby, for a period of five years from the date of sale.

9-321. PUBLICATION PROHIBITED. Returns made to the recorder as required by this chapter, shall not be made public nor shall they be subject to the inspection of any person except the recorder or his authorized agent or to those persons authorized to do so by order of the city council. It shall be unlawful for any person to make public or to inform any other person as to the contents of any information contained in or permit the inspection of any return except as is in this chapter authorized.

9-322. FALSE RETURNS. No person required by this chapter to make and file a return shall make and file a false return knowing the same to be false.

9-323. FAILURE TO FILE RETURN. If any licensee hereunder fails, neglects, or refuses to file his application and pay the fees as and when required herein, the recorder 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 fixed shall thereupon become the amount due, and shall be immediately payable. For the purpose of determining the amount of the license fee due, the recorder shall have access to all books, records, invoices, inventories, and stock of goods, wares and merchandise of the licensee, and it shall be unlawful! for any such licensee to refuse the recorder or his duly authorized agent free access thereto at all reasonable times.

9-324. COLLECTION OF LICENSE TAX. Any license tax due and unpaid under this chapter and all penalties thereon shall constitute a debt to the municipality 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.

CHAPTER 9-400. LICENSING AND REGULATING SPECIFIC BUSINESSES.

PART 9-410. INTOXICANTS.

9-411. LICENSE TO SELL BEER AT RETAIL.

A. It shall be a class B misdemeanor for any person to engage in the business of selling light beer at retail, in bottles or draft, without first having procured a license therefor from the governing body and paid the license fee required by this part.

B. It shall be a class B misdemeanor for any person to sell beer after the revocation of the license issued pursuant to this part.

C. A separate license shall be required for each place of sale and the license shall at all times be conspicuously displayed in the place to which it shall refer or for which it shall be issued. All licensees shall comply with the Utah Liquor Control Act and the regulations of the Liquor Control Commission.

9-412. DEFINITIONS. The words and phrases used in this part shall have the meanings specified in the Utah Liquor Control Act unless a different meaning is clearly evident.

9-413. RETAIL LICENSES. Retail licenses issued hereunder shall be of the following three kinds and shall carry the following privileges and be known as class “A,” class “B,” class “C,” and “seasonal licenses.”

A. Class “A” retail licenses issued hereunder shall entitle the licensee to sell beer on the premises licensed in original containers for consumption off the premises in accordance with the Utah Liquor Control Act and the ordinances of this municipality.

9-414. BEER LICENSE FEES. In addition to any other business license fee which any person or place of business may be required to pay, the city council shall from time to time enact by a fee for an annual beer license. This fee shall be listed in the current fee schedule.

9-415. LICENSE FEES TO ACCOMPANY APPLICATION. Applications provided for In this part shall be accompanied by the fees provided In this part. The fee shall be returned to the applicant If the application is denied.

9-416. PURCHASE OF BEER FOR RESALE. It is a class B misdemeanor for any licensee to purchase or acquire or to have or possess for the purpose of sale or distribution any beer except that which he shall have lawfully purchased from a brewer or wholesaler licensed under the provisions of the Utah Liquor Control Act.

9-417. APPLICATION FOR LICENSE.

A. All applications for licenses authorized by this part “shall be verified and shall be filed with the recorder. The applications must state the applicant’s name in full and that he understands and has read and complied with the requirements and possesses the qualifications specified in the Liquor Control Act and this part. 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.

B. Application must be subscribed by the applicant, who shall state under oath that the facts therein contained are true.

9-418. APPLICATIONS REFERRED TO CHIEF OF POLICE. All applications filed in accordance with the provisions of this part shall be referred to the chief of police for inspection and report. The chief of police shall, when possible, within 2 weeks after receiving such application, make report to the governing body of the general reputation and character of the persons who habitually frequent such place; the nature and kind of business conducted at such place by the applicant or by any other person or by the applicant at any other place; whether the place is or has been conducted in a lawful, quiet and orderly manner; the nature and kind of entertainment, if any at such place; whether gambling is or has been permitted on the premises or by the applicant at any other place; and the proximity of such premises to any school or church. The chief of police shall also add to such report his recommendation as to whether or not the application should be granted.

9-419. RENEWALS. All applications for renewal licenses filed by the holders of existing licenses shall be filed with the recorder at least thirty days prior to the expiration date of the then-issued license. Any person who fails to file such an application within the time limit shall close his licensed premises on the expiration date of the then-issued license and shall keep the premises closed for any all business for the sale of beer until the date of his new license is issued by the governing body.

9-420. QUALIFICATION. No license shall be granted to any retailer to sell light beer within the municipality unless he shall be of good moral character, over the age of twenty-one years, and a citizen of the United States, or to anyone who has been convicted of a felony or of any violation of any law of the state of Utah or provision of the ordinances of this municipality relating to Intoxicating liquors, or of keeping a gambling or disorderly house, or who has pleaded guilty to or has forfeited his bail on a charge of having committed a felony or of having violated any such law or ordinance, or to any partnership, any member of which lacks any of the qualifications set forth in this section, or to any corporation, of which any director of officer lacks any such qualifications.

9-421. BOND REQUIRED. No license under this part shall be granted by the governing body until the applicant shall have filed with the recorder a bond in the sum and as required by Section 32-4-4,s Utah Code Annotated 1953. The bond shall be made in favor of this municipality.

9-422. DEPARTMENT OF HEALTH PERMIT. No license under this part shall be issued until the applicant therefor shall have first pro- cured from the Department of Health of the municipality a permit which shall show that the premises to be licensed are in a sani- tary condition and that the equipment used In the storage, distribution or sale of light beer complies with all the health regulations of this municipality and the State of Utah.

9-423. TRANSFER OF LICENSE. Licenses issued pursuant to this part shall not be transferrable, and if revoked by the governing body, the fee paid”by the licensee to the municipality for the license shall be forfeited to the municipality.

9-424. RESTRICTIONS.

A. It is unlawful for any person to sell beer at any public dance or to any person intoxicated or under the influence of any intoxicating beverage. It is unlawful for any person to sell beer in any dance hall or theater.

C. It shall be unlawful to sell beer to any person under the age of 21, or to sell beer for consumption on the premises unless so licensed, or to permit the drinking of liquor on such premises.

D. It shall be unlawful to sell or otherwise furnish or dispose of beer, or allow it to be drunk or consumed on the premises or to allow beer out of original containers to remain in the licensed premises, whether or not open to the public, after the closing hour or 1:00 a.m. and before 6:00 a.m. of any day except that the closing hour on the day following December 31 of any year shall be 2:00 a.m.

G. Licensed premises shall be kept brightly illuminated at all times while it is occupied or open for business, and no booth or kind of stall shall be maintained unless all tables, chairs and occupants are kept open to full view from the main floor and the entrance of such licensed premises. It shall be unlawful to advertise the sale of beer except under such regulations as are made by the Liquor Control Commission of Utah, provided that a simple designation of the fact beer is sold under city license may be placed In or upon the window or front of the licensed premises.

H. It shall be unlawful for any person to sell beer except in the manner for which he has been so licensed pursuant to the provisions of this part.

I. It shall be unlawful to keep or maintain a nuisance as defined in this part.

J. The total number of businesses licensed to sell beer in the municipality of South Weber City shall not exceed five, provided that this ordinance shall not operate to reduce the number of businesses now licensed to sell beer whether issued by this municipality or by the county if such business is annexed, nor shall it affect reapplications for such licenses.

9-425. Reserved.

9-426. INSPECTION.

A. All licensed premises shall be subject to inspection by any officer, agent, or peace officer of the municipality or the liquor control commission, or the state board of health, and every licensee shall, at the request of the board of health furnish to it samples of beer which he shall have for sale.

8. Any license granted pursuant to this part may be revoked on a finding by the governing body that the licensee has had ten days or more notice from the board of health that the licensee is violating one or more health ordinance, rule or regulation.

C. The governing body may direct the chief of police to close down any business licensed under this part where the board of health has determined that continued operation of the business presents an imminent danger to the health of the community or persons who may eat or drink at the business.

9-427. REVOCATION OR SUSPENSION.

A. The governing body may, after a hearing, revoke or suspend any beer license on a finding by it that the licensee or his officers, agents or employees have violated any provision of this part or any ordinance of this municipality, whether now or hereafter enacted which in any way related to the operation of the business or the safety of the public.

B. A hearing may be requested by any person:

1. That is denied or refused a beer license by any officer, agent or employee of this municipality.
2. whose beer license is revoked, restricted, qualified, or limited from that for which it was first issued.

C. The request for hearing must be made in writing to the mayor or recorder and made within 30 days following the date notice denying, refusing, revoking, qualifying, restricting or revoking the beer license is mailed by the city to the applicant or license holder at his address as it appears on the application or license.

D. Following receipt of a request for hearing, the city council shall inform the person requesting a hearing of the time and place the hearing is to be held. At the hearing, the aggrieved party shall have the right to hear and examine any witnesses the city may produce to support its decision and to present his own evidence in support of his contention. The city council shall, within ten days following the conclusion of the hearing, in writing, inform the person who requested the hearing of the decision of the city council.

E. This part shall not be constructed so as to afford any aggrieved party more than one hearing before the city council nor shall the hearing provided in this part apply to a criminal complaint or proceeding.

9-430. CONSTRUCTION CONT-RACTORS.

9-431. PURPOSE. The purpose of this part is to establish a system of imposing license fees upon persons engaging in business within the limits of the city as contractors. The licenses are designed to be determined upon the basis of each contract or job being performed. It is the opinion of the city council that this method of determining the amount of fee will result in fair taxation and will not discriminate against the contractor who performs only a few jobs within the city limits as distinguished from the contractor who performs many.

9-432. DEFINITIONS.

A. “Contractor” means any person, firm, copartnership, corporation, association, or other organization, or any combination thereof, who for a fixed sum, price, fee, percentage, or other compensation other than wages, undertakes any building, highway, road, railroad, excavation or other structure, project, development, or improvement, other than to personality, or any part thereof, provided, that the term contractor, as used in this part, shall include anyone who builds more than one structure on his own property during any one year for the purpose of sale and shall include subcontractors, but shall not include anyone who merely furnishes material or supplies without fabricating the same into, or consuming the same in the performance of the work of the contractors as herein defined.

B. Types of Contractors: As an illustrative list of contractors subject to the provisions of this part, but not in limitation thereof, the following occupations are subject to this part: general contractors, specialty contractors of all kinds, such as, but not limited to those engaged in the business of installing, repairing or otherwise performing services in connection with: acoustical tile and roof decking; awnings, storm doors, and windows; air conditioning, dry-heating, sheet metal; boilers, steamfitting; carpentry; cement and concrete; ceramic tile; cabinet and millwork; composition floor, countertops, tile; carpet; drywall; elevator installation; electrical; excavating and grading; fencing; floor coverings; fire prevention (structural); furnaces and burners; glazing; industrial piping; iron and bronze (ornamental); insulation; landscaping; lathing; lawn sprinklers; masonry; mosaic tile and terazzo; overhead doors; painting and paper hanging; pest control (structural); plastering; plumbing and wet heating; roofing and siding; swimming pool; signs, stone masonry; sewer installation; steel reinforcing and erection; tanks (structural); waterproofing; weatherstripping; welding; wrecking and demolition; wood floor laying and finishing.

9-433. DOING BUSINESS WITHOUT REGISTRATION AND A LICENSE UNLAWFUL. Any person desiring to engage In business as a contractor within the corporate limits of this municipality must comply with the two following requirements:

A. Prior to engaging In any subject business activity during any calendar year, he must register for the calendar year as a contractor by completing and filing a registration form in the office of the recorder.

B. Prior to the performance of any services in connection with any specific contract or job, the person shall secure a license to engage in the perr,ormance of service connected with said specific job or contract from the office of the recorder.

9-434. REGISTRATION.

A. Any person desiring to engage in business as a contractor shall complete and file in the office of the recorder a registration form provided to him by the municipality which shall show:

1. The name of the contractor.
2. The address and telephone number of the contractor.
3. The type of organization, e.g., corporation, partership or sole proprietor.
4. If a partnership or a corporation or other artificial person, the name, address, and’ telephone number of the person responsible for the functions of the organization:
   • (a) Whether or not licensed under the contractor’s license law of the state of Utah; if so, the license number of the contractor.
   • (b) Type of business in which registrant seeks to engage, e.g., general contactor or one of the specialty contractors.
   • (c) Such other information as the governing body may by regulation require.

B. Any person seeking to register for the privilege of doing business as a contractor within the limits of this municipality for any calendar year, or any part thereof, shall pay an annual registration fee of $5.00.

9-435 JOB LICENSE FOR EACH CONTRACT

A. any person desiring tp perform services as a contractor shall, in addition to registering, as above required, secure a job license granting to him the privilage of preforming the services required of him for each contract or job which he proposes to complete.

B. any person seeking said job license for a contract or job shall complete an application therefor, on forms provided him by the city. the application shall set forth:

1. The name and address of the contractor.
2. His municipal registration number.
3. Number of his state contractor license.
4. The person by whom he is engaged to preform service as a contractor.
5. The address of the person.
6. The location at which the contractor’s services are to be performed .
7. The type of services mat are to be performed, e.g., as a general contractor, as one of the specialty contractors.
8. The contract amount.

9-436. JOB LICENSE FEE. Every contractor, for the privilege of engaging in the business of performing the services, shall pay the amount set forth in the appropriate appendix to this code.

9-437. RECORDS – INSPECTION. All persons registered pursuant to this part for the privilege of doing business as contractors, and all persons who engage in doing business as contractors, shall maintain records of all services performed by them as contractors within the corporate limits of this city.The records shall disclose the person for whom the services are performed and the contract price or charge made for the services and such other information as the city council may, by regulation, require. The persons shall maintain such records at their office or principal place of business and shall permit officials or agents of the city to inspect said records for the purpose of determining whether or not said persons have complied with the requirements of this license part.

9-438. REGULATIONS. The city council may adopt such regulations as in its opinion are necessary to implement this part of the objectives thereof.

9-450. SOLICITORS, CANVASSERS, PEDDLERS AND ITINERANT MERCHANTS.

9-451. LICENSE REQUIRED. It shall be unlawful for:

A. A transient merchant, itinerant merchant or itinerant vendor to engage in such business without first obtaining a license therefor in compliance with the provisions of this part.

B. Any person to engage in the business of peddler without first obtaining a permit and license therefor as provided in this part.

C. Any solicitor or canvasser to engage in such business without first obtaining a permit and license therefore in compliance with the provisions of this part.

9-452. DEFINITIONS.

A. “Transient merchant,” “itinerant merchant,” or “itinerant vendor” is defined as any person, firm or corporation, whether as owner, agent, co-signee or employee, whether or not a resident of the city, who engages in a temporary business of selling and delivering goods, wares and merchandise within the municipality, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, public room in any hotel, motel, lodging house, apartment, shop or any street, alley, or other places within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of this part merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer.

B. “Peddler” as used in this part shall include any person, whether or not a resident of the city, traveling by foot, wagon, motor vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street carrying, conveying, or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering or exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, motor vehicle, railroad car, or other vehicle or conveyance, and further provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as part of a scheme or design to evade the provisions of this part shall be deemed a peddler subject to the provisions of this part. The word “peddler” shall include the words “hawker” and “huckster.”

C. “Canvasser” or “solicitor” means any individual, whether or not a resident of the city, traveling either by foot, wagon, motor vehicle, or other type of conveyance from place to place, from house to house, or from street to street, taking or attempting to take orders for the sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale, or whether he is collecting advance payments on such sales, provided that such definition shall include any person who, for himself, or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, hotel or motel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery.

9-453. APPLICATION FOR LICENSE.

A. Applicants for permits and licenses under this part, shall file a sworn application in writing signed by the applicant, if an individual, by all partners, if a partnership, and by the president if a corporation, or by an agent, including a state or regional agent, with the recorder which shall give the following information:

1. The name of the applicant, and if the applicant is an employee or agent of a corporation, the name of the corporation.
2. The address of the applicant, and if the applicant is an agent or employee of a corporation, the address of the corporation.
3. A brief description of the nature of the business and the goods to be sold, and from whom and where the applicant obtains the goods to be sold.
4. If the applicant is employed by or an agent of another person, the name and permanent address of .such other person or persons.
5. The length of time for which the applicant desires to engage in business within the city.
6. The place or places within the city where the applicant proposes to carry on his or her business.
7. A list of the other municipalities in which the applicant has engaged in business within the six-month period preceding the date of the application.
8. A photograph of the applicant, taken within six months immediately prior to the date of filing the application, which photograph shall be two inches by two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.
9. A statement as to whether or not the applicant, or any of his employers have been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
10. If the applicant desires to sell fresh vegetables, fruits, meats, or other foodstuffs, a statement by a reputable physician in the state of Utah, dated not more than ten days prior to submission of the application, certifying the applicant to be free of infectious, contagious, or communicable diseases.
11. If the applicant is employed by another person, firm or corporation, documents showing that the person, firm or corporation for which the applicant proposes to do business is authorized to do business within the state of Utah.

B. At the time of filing the application, a fee of $10.00 shall be deposited with the recorder. The City Council shall, from time to time, enact by resolution the amount of the fee to be paid. This fee shall be listed in the current fee schedule.

C. At the time of making initial application for license, any applicant whose license fee is fixed by gross receipts derived by the licensee shall report and declare in writing, under oath, the true and correct amount of gross receipts on which the license fee is measured. Upon issuance of any license or any renewal thereof, applicant shall furnish at the time of such issuance or any renewal copies of all quarterly sales tax returns filed with the State of Utah by the applicant for the preceding year or portion thereof or, if they have none, then a copy of their Income Tax forms filed for the previous year. The information furnished or disclosed by the applicant is confidential and shall not be revealed to any person except to the officers and employees of South Weber City engaged in the administration of this chapter.

9-454. INVESTIGATION AND ISSUANCE OF LICENSE.

A. On receiving the application, the recorder can refer it to the chief of police who shall cause such investigation of the applicant’s business and moral character to be made as he deems reasonable and necessary for the protection of the public good.

B. If, as a result of the investigation, the applicant’s character or business responsibility is found to be unsatisfactory, the chief of police shall endorse such upon the application together with a statement of his reasons therefor and return the application to the recorder who shall notify the applicant that his application has been disapproved and that no permit and license will be issued.

C. If, as a result of such investigation, the character and business responsibility of the applicant is found to be satisfactory, the chief of police shall endorse such upon the application and return it to the recorder who shall upon payment of the prescribed license fee deliver to the applicant his permit and issue a license. Such license shall contain the signature of the· issuing officer and shall show the name, address and photograph of the licensee and the kind of goods to be sold pursuant to the application together with an expiration date.

9-455. FEES.

A. The license fee which shall be charged by the recorder for any license issued pursuant to this part shall be $1.00 per day.

B. None of the license fees provided for by this part shall be applied so as to engage an undue burden upon interstate commerce. In any case, where a license fee is believed by the licensee or applicant for license to place an undue burden upon interstate commerce, he or she may apply to the mayor for an adjustment of the fee so that it will not be discriminatory, unreasonable, or unfair to interstate commerce. Such application may be made before, at or within six months after paying the prescribed license fee.

9-456. LICENSES, BADGES, REVOCATION, EXPIRATION, APPEAL.

A. A recorder shall issue to each licensee at the time of delivery of his license a badge which shall contain the words “Licensed Solicitor,” “Licensed Transient Merchant,” or “Licensed Peddler,” as the case may be, for which the application was made and the license issued, and the number of the license, in letters and figures easily discernable from a distance of five feet. Such badge shall, during the time peddlers or solicitors are engaged in the business for which they are licensed, be worn constantly by them on the front of their outer garment in such a way as to be conspicuous.

B. Any person licensed pursuant to this part shall exhibit their license at the request of any citizen of the city.

C. It shall be the duty of any police officer of this municipality to require any person seen soliciting, canvassing or peddling, and who is not known by such officer to be duly licensed, to produce his or her license and to enforce the provisions of this part.

D. Revocation of license.

1. Permits and licenses issued pursuant to this part may be revoked by the chief of police or the recorder, after notice and hearing, for any of the following causes:
   • a) Fraud, misrepresentation or a false statement contained in the application for the licensed.
   • b) Fraud, misrepresentation for false statement made in the course of carrying on his business as solicitor or canvasser.
   • c) Any violation of this part.
   • d) Conviction of any crime or misdemeanor involving moral turpitude.
   • e) Conducting the business of soliciting, or of canvassing in an unlawful manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
2. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address or at the address shown on his application. The hearing and notice shall in all other aspects substantially comply with Chapter 1-400.

E. Any person aggrieved by the action of the chief of police or the recorder in the denial of a permit or a license issued pursuant to this part, or by the action of the city council of the city. Such appeal shall be taken by filing with the council within 14 days after notice of the action complained of has been mailed to such person’s last known address or address on the business application, a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for the hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as above proved in section D.

F. All licenses issued pursuant to this part shall expire on the date specified on the license.

9-457. ADDITIONAL REQUIREMENTS. This part shall not be construed so as to waive the provisions and requirements of any other ordinance of this city and the requirements and fees required herein shall be in addition to any other requirements and fees of any other ordinance of this city.

9-458. EXCEPTIONS. The provisions of this part shall not apply to any individual who is at the time he is engaged in any activity which would otherwise require licensing by this par, engaged in an activity which is authorized by any church or charity which has a permanent structure located within the state of Utah, provided such church or charity has had such permanent for at least six months prior to the date when the individuals engaged in the activity which would otherwise require licensing by this part.

CHAPTER 9-500 and 9-600. BUILDING REGULATIONS.

PART 9-510. BUILDING OFFICIAL 1′

9-511. BUILDING OFFICIAL. There is hereby created the position of building official who shall also be known as the municipal building inspector.

9-512. STOP ORDER. The building inspector shall have the power to order all work stopped on construction, alteration or repairs of buildings in the city when such work is being done in violation of any provisions of any ordinance relating thereto, or in violation of the subdivision or zoning ordinance. Work shall not be resumed after the issuance of such order except on the written permission of the inspector, provided that if the stop order is an oral one, it shall be followed by a written stop order within one hour. Such written stop order may be served by any peace officer or authorized person.

9-513. ENTRY POWERS. The building inspector shall have the power to enter into any building or the premises where the work of altering, repairing or constructing any building or structure is going on, for the purpose of making inspections at any reasonable hour, pursuant to any of the provisions of chapter 9-500 and 9-600 and title 10-000 of this code.

9-514. ADDITIONAL DUTIES OF BUILDING INSPECTOR. The building official (inspector) shall in addition to all other duties imposed on him by this city:

A. Enforce the provisions of the Uniform Building Code.

B. Inspect all buildings, structures, ditches, signs, fences and objects to determine their safety and effect on the persons who are within this city.

C. Until such time as a plumbing inspector is appointed or designated, the building inspector shall be responsible for enforcing part 9-560 of this title.

D. Review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial improvement (including prefabricated and mobile homes) must (i) be designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure, (ii) use construction materials and utility equipment that are resistant to flood damage, and (iii) use construction methods and practices that will minimize flood damage.

E. Review subdivision proposals and other proposed new developments to assure that (i) all such proposals are consistent with the need to minimize flood damage, (ii) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated, and constructed to minimize or eliminate flood damage, and (iii) adequate drainage is provided so as to reduce exposure to flood hazards.

F. Require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.

9-520. GENERAL PROVISIONS.

9-521. PERMIT REQUIRED – EXCEPTIONS.

A. It shall be a class C misdemeanor for any homeowner and a class 8 misdemeanor for any person who receives payment or anything of value to construct or alter any building or structure, except a fence, without first securing the permit required by this chapter.

B. This section shall not apply where the retail cost of the materials used in the construction or alteration is less than $ __ , except that it shall apply in the cases where the construction or alteration results in an enlarged structure or affects the wails of the building or structure.

9-522. APPLICATION FOR PERMIT. A building permit shall be secured from the recorder on written application accompanied by plans and specifications in duplicate which must state the specific nature of the construction or alterations to be made. The plan must be verified by the person who will perform or be in charge of the construction or alteration.

9-523. APPROVAL OF PLAN. The application and plans shall be forwarded from the recorder to the building inspector, who shall review the plan to determine whether the proposed construction or alteration conforms to the building codes and ordinances of this city. The building inspector shall return the plans to the recorder within ten days with the statement “approved” if the plans do conform or “disapproved” if the plans do not conform. If the plans are disapproved, the reasons, therefore, shall be annexed to the plans. On receipt of an approved plan, the recorder shall issue a permit to the applicant together with one set of the approved plan. One set of the plans shall be retained by the building inspector. The building inspector may revoke at any time a permit which has been issued for any building constructed or being constructed or which would be or result, if constructed, in a violation of any ordinance of this city.

9-524. VARIATIONS OF PLAN PROHIBITED. No material variation from the approved plan shall be allowed unless such variations shall first have been approved in writing by the building inspector.

9-525. FEE SCHEDULE. The recorder shall collect a fee for the application of a permit in the amount set forth in the appropriate appendix of this code.

9-530. BUILDING CODE.

9-531. ADOPTION OF BUILDING CODE. The Uniform Building Code, 1985 Edition, published by the International Conference of Building Officials and printed as a code in book form, three copies of which have previously been filed with the recorder for use and examination by the public, hereby is approved and adopted as the building code of this city.

9-532. RESERVED.

9-533. ESTABLISHMENT OF FIRE DISTRICTS OR ZONES. The areas described in the appropriate appendix are hereby established as fire districts or zones.

9-540. ELECTRICAL CODE. The National Electrical Code, 1 984 Edition, published by the National Electrical Contractors Association and approved by the National Electrical Contractors Association and approved by the National Board of Fire Underwriters, American Standards Association and the National Fire Protection Association and printed as a code in book form, three copies of which have been previously filed with the recorder for use and examination by the public, hereby is approved and adopted as the electrical code of this city.

9-541. ELECTRICAL INSPECTION. The building inspector shall perform all functions of electrical inspection and shall among other things, inspect and supervise the construction, installation, and repairs of all electric light and power wiring, fixtures, appliances, or apparatus installed within the limits of the city and shall require compliance with the provision of the electrical code. The building official shall require the correction of such defects as he deems actually dangerous to life or property. Those same enforcement standards established in the Uniform Building Code shall be followed by the building inspector for all electrical work.

9-542. PERMITS AND INSPECTIONS. No alterations or additions shall be made in existing wiring, nor shall any wirings or any apparatus which generates, transmits, transforms or utilizes any electricity be installed without first obtaining a permit therefore except minor repair work such as repairing flush and snap switches, replacing fuses, changing lamp sockets and receptacles, taping bare joints and repairing drop cords. Applications for such permit describing such work shall be made in writing and shall conform as far as practicable to the requirement set forth in section 9-522 of this title. This section shall not apply to installations in powerhouses and substations belonging to electric light companies. No permit shall be issued to any applicant for a permit during the time that he shall fail to correct any defective electrical installation after he has been duly notified to correct such defective work by the building inspector.

9-543. PERMIT FEES. The electrical permit fees applicable in this city for use under the National Electrical Code, 1984 Edition, shall be the amount set forth in the appropriate appendix to this code.

9-544. ELECTRICAL DISTURBANCES.

A. Electrical installations for signs, equipment, or other facilities create electrical disturbances that cause interference with normal radio or television reception beyond the immediate vicinity of such electrical installations are hereby declared to be a nuisance. The owners or operators thereof shall so install and maintain such installations as to avoid or eliminate such interference, using all known means and devices for such purpose, such as proper grounding, connections, condensers, resistors, and live chokes.

B. The building official shall withhold or withdraw approval of any electrical installation causing the above disturbance and is hereby authorized to take all steps necessary for the abatement of such conditions.

9-560. PLUMBING CODE.

9-561. PLUMBING CODE ADOPTED. The Uniform Plumbing Code, 1982 Edition, published by the International Association of Plumbing and Mechanical Officials as a code in book form, three copies of which have been filed for use and examination by the public in the office of the recorder, hereby is approved and adopted as the plumbing code of this city except as otherwise altered or modified by the ordinances of this city.

9-562. APPLICATION AND SCOPE. The provisions of this part shall apply to, but not be limited to, all new construction, relocated buildings, and to any installation, alteration, repair or reconstruction of a plumbing system within the municipality except as otherwise provided in this part.

9-563. PLUMBING INSPECTOR – DUTIES.

A. There is hereby created the position of plumbing inspector.

B. The plumbing inspector shall issue permits to properly licensed, bonded and registered persons. Licensing should be for work to be done within the scope of this part. The plumbing inspector:

1. Shall order changes in workmanship and/or materials essential to enforce compliance with all provisions of the plumbing code.
2. Shall investigate any construction or work regulated by this part and issue such notices and orders as are necessary to prevent or correct dangerous or unsanitary conditions.
3. May recommend the revocation of any license to the state department of business regulation for cause and report to the department of regulation all violations of this part by journeymen, apprentices or contractors.

9-564. ALLOWANCE FOR EXCEPTION TO ORDINANCE. Where structural conditions impose extreme difficulty in fully complying with the plumbing regulations of this part, any aggrieved party may apply in writing to the plumbing inspector for special permission to deviate from the regulations. If in the judgment of the plumbing inspector, such deviation is reasonable and does not create an unsanitary or unsafe condition, he shall recommend to the city council that the request for deviation be approved or disapproved or that approval is subject to such conditions as the city council may require. The city council, on review, may approve or disapprove the application or vary the condition on which approval is granted.

9-565. RIGHT OF ENTRY GRANTED. The plumbing inspector shall have the right of entry within reasonable hours to any building or premise for the purpose of inspection or to investigate any work or conditions governed by this part.

9-566. POWER TO CONDEMN GRANTED. The plumbing inspector is hereby empowered to condemn and order repaired, removed, replaced or changed any plumbing found in any unsanitary condition or not in accordance with this part. Failure to comply with the order within a reasonable time is an infraction.

9-567. INTEREST IN SALE OR INSTALLATION OF EQUIPMENT PROHIBITED. The plumbing inspector and his assistants shall not in any way engage in the sale or installation of plumbing equipment upon which they are required to make inspection hereunder.

9-568. PERMITS REQUIRED. No plumbing shall be installed, nor additions or alterations made in existing plumbing except as provided in section 9-572 without first obtaining a permit. Application for such permits shall be in writing to the recorder and shall describe the nature of the work to be done and affirm that the plumbing will conform to the plumbing code. No permit shall be issued to any applicant during the time he shall fail to correct any defective plumbing installed by him after he has been notified in writing by the plumbing inspector of defective work.

9-569. REVOCATION OF PERMIT. The plumbing inspector may revoke any permit when the person to whom the permit is issued fails, neglects, or refuses to do the work thereunder in conformance with this part, or when the permit is issued in error.

9-570. EXPIRATION OF PERMIT. Every permit issued by the plumbing inspector shall expire and become null and void if work authorized by such permit is not commenced within 60 days from the date such permit is issued, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 or more.

9-571. DENIAL OF PERMIT. The plumbing inspector may refuse to issue permits for any plumbing work to any person who has had a permit revoked in accordance with this part during such time as such person fails to perform plumbing work in conformance with this part.

9-572. PERMITS NOT REQUIRED.

A. Repairs which involve only the working parts of a faucet or valve, the clearance of stopages, the repairing of leaks or the replacement of defective faucets or valves may be made without a permit provided that the permits shall be procured to replace fixtures, traps, soil, waste, and vent pipes unless waived by the plumbing inspector.

B. Any person regularly employed by an owner or lessee of property, or his agents, for the sole purpose of operating and maintaining such property and to make minor repairs thereof, and any owner or lessee of property shall be exempt from the provisions of this part when doing for work which permits are not required.

9-573. HOME OWNER PERMIT. Any permit required by this part may be issued to any person to do any plumbing or drainage work regulated by this part in a single family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings in the event that any such person is a bona fide owner of any such dwelling and accessory buildings and quarters and that the same are occupied by or designed to be occupied by the owner, and further provided that the owner shall furnish the plumbing inspector with a complete layout drawing of the proposed work, satisfies the plumbing inspector that he has working knowledge of the requirements contained in this part, pays the necessary fees, and calls for all inspections required by this part.

9-574. PERMIT FEES. Before a permit shall be issued, permit fees in the amount set forth in the appropriate appendix to this code shall be paid to the treasurer.

9-575. REINSPECTION CHARGE. After notice that any plumbing work is ready for inspection if the plumbing inspector calls at the place desginated to make such inspection and finds the work not ready for inspection, he shall charge an additional fee of $ ___ for each additional inspection required, except that the city council may from time to time change the inspection fee required in this part by resolution.

9-576. REFUSAL TO COMPLY WITH ORDER OF INSPECTOR. It shall be unlawful for any owner, agent or occupant of any building or premises to fail, neglect or refuse to repair, remove, replace or change within ten days after written notice to do so from the plumbing inspector, any plumbing condemned by such inspector, provided that this section shall not apply to any occupant not responsible for the installation or repair of the condemmed plumbing.

9-577. PENALTY.

A. The violation of any provision of this part by any homeowner, building owner or manager of any building, apartment, hotel, motel or other structure shall be an infraction.

B. The violation of any provision of this part by any person who receives payment or anything of value for performing such work shall be a class B misdemeanor.

9-610. INDIVIDUAL WASTEWATER (SEWAGE) DISPOSAL CODE ADOPTED.

Part IV, “Individual Wastewater Disposal Systems,” of the Code of Waste Disposal Regulations, adopted by Utah division of health and Utah state committee on water pollution in May, 1965, as revised by action of the Board in June, 1967, and issued and published as a code in book form, three copies of which have been filed for use and examination by the public in the office of the recorder, and which established rules and regulations relating to the disposal of domestic waste water discharge from single homes, multiple dwellings containing not more than four individual units, and commercial installations serving not more than 50 persons per day, is hereby adopted by the city as the ordinance relating to individual waste water disposal systems within the city except as such code may be altered or modified by the provisions of this part.

9-620. SMALL UNDERGROUND WASTEWATER DISPOSAL SYSTEM CODE ADOPTED.

Part V, “Small Underground Wastewater Disposal Systems” of the Code of Waste Disposal Regulations, adopted by the Utah division of health and Utah state committee on water pollution in May, 1965, as revised by action of the Board June 2, 1967 and June 21, 1967, and issued and published as a code in book form, three copies of which have been filed for use and examination by the public in the office of the recorder, is hereby adopted by the city as the small underground wastewater disposal systems code within the city, except as it may be altered or modified by the provision of this or the preceding chapter. Occupancies in existing buildings may be continued as provided in section 104(g) of the Uniform Building Code, except as to those structures which are found to be substandard as defined in the Housing Code.

9-630. CODE FOR INSTALLING GAS PIPING AND APPLIANCES ADOPTED.

9-631. CODE ADOPTED. Recommended Good Practices for Gas Piping, Appliance Installation and Venting, 1980 revision, published by Mountain Fuel Supply in book form, three copies of which have been filed for use and examination by the public in the office of the recorder, is hereby adopted by this city.

9-632. SECTION OF CODE NOT ADOPTED. Section I of the Gas Code is not adopted.

9-633. CONSTRUCTION OF GAS CODE. The practices recommended, suggested or described by the word “should” are hereby made mandatory unless the building inspector or the gas company determine that it is in the best interests of and safe for the gas user and city to vary the requirements of the gas code, provided that such variation shall be in accordance with generally accepted gas use standards.

9-634. VIOLATIONS DECLARED A NUISANCE. Violation of this part is hereby made a nuisance and shall be abated in the manner provided in Part 10-350, provided that conditions which present an immediate danger to life may be abated by causing the gas to be immediately turned off.

9-640. UNIFORM SIGN CODE ADOPTED. Reserved.

9-650. UNIFORM HOUSING CODE.

9-651. ADOPTION OF A HOUSING CODE. The “Uniform Housing Code,• 1 985 Edition, printed as a code in book form by the International Conference of Building Officials (providing minimum requirements for the protection of life, limb, health, safety, and welfare of the general public and the owners and occupants of residential buildings), three copies of which have been filed for use and examination by the public In the office of the recorder of this municipality, is hereby approved and adopted as the Housing Code of this city.

9-652. APPLICATION. The provisions of the Housing Code shall apply to all buildings or portions thereof used, designed for use or intended to be used for human habitation. Occupancies in existing building may be continued as provided in section 104(g) of the Uniform Building Code, except for such structures as are found to be substandard as defined in the Housing Code.

9-653. ALTERATlON. Existing buildings which are altered or enlarged shall be made to section 104(a), (bl, (cl, (d), (el, and (i) of the Uniform Building Code.

9-654. RELOCATION. Existing building which are moved or relocated shall be considered as new buildings and shall comply with all requirements of the Housing Code.

9-655. ESTABLISHMENT OF A HOUSING ADVISORY AND APPEALS BOARD. In order to interpret the provisions of the Housing Code and to hear appeals provided for thereunder, there is hereby established the housing advisory and appeals board consisting of five members who shall not be employees of the city. The building official shall be an ex officio member of and shall act as secretary to the board. The housing advisory and appeals board may adopt reasonable rules and regulations for conducting its business. Its decisions and findings shall be in writing, copies of which shall go to the appellant and to the building official. Appeals to the board shall be processed in accordance with the provisions contained in Section 1201 of the Housing Code. Copies of all rules or regulations adopted by the board shall be delivered to the building official who shall make them available to the public without cost.

9-656. VIOLATIONS. It shall be unlawful for any person, firm, or corporation, whether as owner, lessee, sublessee, or occupant, to erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the Housing Code or any order issued by the building official pursuant thereto.

9-657. PERMITS AND INSPECTIONS. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, cause or allow the same to be done, without first obtaining a separate building permit for each such building or structure from the building official in the manner and according to the applicable conditions prescribed in the Housing Code.

9-660. FALLOUT SHELTERS.

9-661. EXEMPTION FROM BUILDING CODE REQUIREMENTS. Due to the specialized purpose of emergency nature for which family fallout shelters are designed, any such shelter which complies with the provisions of this chapter is hereby exempt from the provisions of the Building Code, except as otherwise provided herein.

9-662. DEFINITION. For the purpose of this part, a family fallout shelter is a structure designed and constructed for emergency use only, to afford minimum protection from nuclear radiation, commonly known as fallout, resulting from a nuclear incident which recently has been or is likely to be of catastrophic proportions.

9-663. DESIGN. A family fallout shelter shall be of a design conforming to that recommended or accepted by the Federal Department of Defense, Office of Civil Defense.

9-664. CONSTRUCTION. A family fallout shelter shall, in all matters relating to construction and structural stability, comply with not less than the equivalent of the provisions relating to design loads and general building requirements specified in the Uniform Building Code.

9-665. ADMINISTRATIVE APPLICATION OF BUILDING CODE. Notwithstanding the foregoing, the provisions contained in the Building Code relating to administration, permits and inspections shall be applicable to family fallout shelters.