City Attorney
Roger Baker
Tooele City Attorney
90 North Main Street
Tooele, UT 84074
Phone: 435.843.2120
Fax: 435.843.2129
Title 5. Chapter 1. General Provisions
5-1-1. Purpose.
(Ord. 2009-16, 03-17-2010) (Ord. 1998-09, 05-06-1998) (Ord. 1983-22, 12-07-1983)
5-1-2. Definitions.
Business License Specialist: an employee of the (August 7, 2017) 5-2 Community Development Department tasked with business license activities under this Title.
City: The municipality of the City of Tooele, Utah.
Contractor: Any person who, for a fixed sum, price, fee percentage or other compensation, other than wages, undertakes with another to improve any building, highway, road, improvement of any kind, other than to personalty or any part thereof; provided, that the term “contractor” as used in this Title shall include any one who builds more than one (1) structure on his own property during any one (1) year for the purpose of sale and shall include subcontractor, but shall not include anyone who merely furnished materials or supplies without fabricating the same into, or consuming the same in the performance of the work of the contractor as herein defined.
Department: the Community Development Department.
Director: the Director of the Community Development Department.
Division: Business license division of the Community Development Department.
Employee: The operator, owner, or manager of a place of business; any person or person employed by an operator, owner, or manager in the operation of a place of business, whether part-time or full-time.
Engage in business or conduct 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 services to others for a consideration by persons engaged in any trade, craft, business, or occupation, including doctors, lawyers, accountants, dentists, etc., where a place of business is located within Tooele City. The act of employees rendering services to employers shall not be included in such terms unless otherwise specifically prescribed.
License and Active License: Certificate or document issued by the City evidencing permission or authority to its named holder to engage in, conduct, and carry on a particular business or to pursue a particular occupation within the City.
Licensee: The person to whom a license has been issued pursuant to the provisions of this Title.
Organized event: The Tooele Arts Festival, the Festival of the Old West, and similar such events.
Permit: A written license or instrument issued by the City authorizing and empowering the grantee thereof to some act not forbidden by law but not allowable without such authority.
Person: Any individual or natural person, receiver, assignee, trustee in bankruptcy, trust, firm, partnership, joint venture, corporation, club, company, business trust, association, society or other group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise.
Place of business: A location maintained or operated by a licensee within the City from which the licensee engages in business.
(Ord. 2019-26, 11-20-2019) (Ord. 2017-08, 02-15-2017) (Ord. 2017-02, 02-01-2017) (Ord. 2012-27, 12-05-2012) (Ord. 2009-16, 03-17-2010) (Ord. 1998-09, 05-06-1998) (Ord. 1983-22, 12-07-1983)
5-1-3. Unlawful to operate without license.
5-1-4. Responsibility for obtaining license.
(2) Separate licenses shall not be required for persons who engage in business with others as a partnership or corporation legally constituted.
(3) For organized events, the organizing or sponsoring organization shall obtain the license. Individual businesses participating in the events, with the authorization of the organizing or sponsoring organization, shall not be required to obtain individual business licenses to sell products or otherwise engage in business at the events. The licensed organization shall regulate the number and type of businesses pursuant to the organization’s event policies, consistent with any Tooele City policies.
(4) All independent contractors engaged in or conducting business must obtain a business license.
(Ord. 2019-26, 11-20-2019) (Ord. 2017-08, 02-15-2017) (Ord. 2017-02, 02-01-2017) (Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
5-1-5. Separate license required for each branch.
(Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
5-1-6. Duty to display license.
(Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
5-1-7. Exemptions.
(a) by any institution or organization which is conducted, managed, or carried on wholly for the benefit of charitable purposes or from which profit is not derived, directly or indirectly, by any individual, firm, or for-profit corporation;
(b) for the conducting of any entertainment, concert, exhibition, or lecture on scientific, historical, literary, musical, religious, or moral subject, whenever the receipt from such is to be appropriated to any church or school or to any religious or charitable organization within the City;
(c) for the conducting of any entertainment, dance, fraternal, educational, military, state, county or municipal organization or association when the receipts from such are to be appropriated for the purposes and objects for which such association or organization is formed and from which profit is not derived, either directly or indirectly, by any individual, firm or profit corporation.
(2) License Exemption. The provisions of this Title shall not be deemed or construed to require a business license for a business that is operated:
(a) only occasionally; and,
(b) by an individual who is under 18 years of age.
(3) Where Utah statutes exempt certain businesses from local business licensing fees, such business shall not be exempt from the requirement to apply for and obtain a license.
(Ord. 2017-18, 05-17-2017) (Ord. 2009-16, 03-17-2010) (Ord. 2002-05, 04-03-2002) (Ord. 1983-22, 12-07-1983)
5-1-8. Inspections for City code compliance - Notice of noncompliance - License revocation - Complaints.
(2) Existing businesses. Existing places of business licensed within the City may be inspected periodically by departments of the City, annually upon the City’s own initiative or upon the City receiving a complaint of alleged noncompliance, for compliance with building, fire, health, and other City codes, ordinances, and regulations.
(3) Notice of noncompliance. Written notice shall be given by the Department to a licensee upon the finding of any code noncompliance, which notice shall provide for a reasonable period not to exceed sixty (60) days in which to correct such noncompliance, the failure of which may result in the revocation of the license by the Department Director, the license non-renewal, or other civil and criminal penalties.
(4) Business license renewal. No business license shall be renewed where a civil, administrative, or criminal proceeding has made a finding of noncompliance with City codes, ordinances, or regulations and all appeal periods have expired. A license may be reinstated or renewed upon the cure of the noncompliance, verified by City inspection. The payment of a business license renewal fee by a noncompliant business shall not estop the City from revoking a business license, or refusing to renew a business license, due to such noncompliance.
(Ord. 2019-26, 11-20-2019) (Ord. 2014-07, 06-04-2014) (Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
5-1-9. Preparation, issuance, and listing of licenses.
(Ord. 2019-26, 11-20-2019) (Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
5-1-10. License fees.
(a) Base Fee: $40.00
(b) Additional Fee: $3.00 per employee.
(2) The annual business license fee shall not exceed $1,000.00.
(Ord. 2009-16, 03-17-2010) (Ord. 2003-31, 12-03-2003) (Ord. 1998-09, 05-06-1998) (Ord. 1983-22, 12-07-1983)
5-1-11. License additional to all regulatory licenses.
(Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
5-1-12. Revenue tax on business in competition with public utilities.
(Ord. 2009-16, 03-17-2010)
5-1-13. Revenue Measure. Repealed.
5-1-14. Fee payments.
(2) The annual license fees provided in this Title shall be due and payable to the City at the times specified, or if not so specified, on the first day of January of each year
(3) Fees shall not be prorated.
(Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
5-1-15. Renewal billing procedure.
(2) Any fee remaining unpaid as of February 1 shall have added thereto a penalty in the amount of fifty percent (50%) of the total amount of the license fee due.
(3) By March 1 of each year, the Department shall send a final notice to each licensee whose annual license fee remains unpaid. The notice shall inform the licensee that if the fee and accrued penalty are not paid by March 15, the Department will place the license in an inactive status.
(4) If the fee and penalty remain unpaid after March 15, the Department shall notify the licensee by first-class mail that the license is inactive and that the licensee cannot engage in further business within the city until the licensee pays the fee and accrued penalty.
(5) The Business License Specialist is empowered to enter onto business premises during business hours of operation to make observations regarding the activity of a business whose business license has been deactivated or revoked..
(Ord. 2019-26, 11-20-2019) (Ord. 2009-16, 03-17-2010) (Ord. 2006-20, 09-06-2006) (Ord. 1998-09, 05-06-1998) (Ord. 1983-22, 12-07-1983)
5-1-16. Fee adjustment to avoid burdening interstate commerce.
5-1-17. Exemption of insurance companies.
5-1-18. Time periods.
(Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
5-1-19. Mistakes in fee calculations.
(Ord. 2019-26, 11-20-2019) (Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
5-1-20. Deviations prohibited.
(Ord. 1983-22, 12-07-1983)
5-1-21. Fee for duplicate license.
(Ord. 2019-26, 11-20-2019) (Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
5-1-22. Refunds.
(Ord. 2019-26, 11-20-2019) (Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
5-1-23. License transfers.
(Ord. 2019-26, 11-20-2019) (Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
5-1-24. Applications for special licenses.
(a) Activities:
(i) Sale of beer;
(ii) Operation of a public dance;
(iii) Operation of an auction house;
(iv) Operation of amusement devices;
(v) Sale of Christmas trees.
(b) Occupations:
(i) Auctioneer;
(ii) Itinerant or transient merchant;
(iii) Pawnbroker;
(iv) Private police or detective;
(v) Garbage collector;
(vi) Home occupations as defined by section 7-2-19, Tooele City Code;
(vii) Agricultural vendor;
(viii) Solicitor.
(2) For the activities defined in subsection (1)(a) above, a regular license to engage in business of the kind required by this Title will also be required in addition to the respective above special licenses.
(Ord. 2009-16, 03-17-2010); (Ord. 1987-24, 01-02-1988); Ord. 1983-22, 12-07-1983)
5-1-25. Particular occupations.
5-1-26. Bonding.
5-1-27. Designation of agent for service of process.
(2) The owner listed on the business license application shall be considered the agent for service of process or notice given pursuant to this Chapter.
(Ord. 2013-07, 04-17-2013) (Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
5-1-28. Revocation.
(2) Any license issued pursuant to the provisions of this Title may be revoked for one year by the Director for any of the following reasons:
(a) the violation by the licensee of any provisions in this Title;
(b) failure to pay when due any license fee, tax, charge, or penalty provided for in State statute or City ordinance;
(c) falsification of the license application or supporting documentation provided with the license application;
(d) any fraud or misrepresentation of a material fact in the procurement of the license;
(e) noncompliance with building, fire, or health codes;
(f) any conduct at the licensed premises tending to render the licensed premises, business, or activity a private or public nuisance as defined in this Code, or a menace to the health, peace, or general welfare of the City or its inhabitants;
(g) using or possessing for use a false weight or measure or any other device for falsely determining or recording any quantity or quality;
(h) selling, or offering or exposing for sale, commodities that vary from the standard of composition or quality prescribed by any statute that provides criminal penalties for:
(i) deviation from standards set by any statute;
(ii) deviation from standards set by established commercial usage; or,
(iii) deviation from legal requirements for truthfulness or disclosure in labeling as required by any statute;
(i) activities, under the guise of conducting a business, that are fraudulent, deceptive, or constituting a violation of City ordinance or other law;
(j) failure of the licensee to retain the legal qualifications necessary for the license;
(k) violation of the zoning ordinances governing the licensed business or activity, including parking ordinance requirements;
(l) conviction of a felony or any crime of moral turpitude on or related to the licensed business or activity after the issuance of a license;
(m) refusal to allow City officers or employees to make inspection of the licensed premises during the hours of 8 a.m. to 5 p.m. Monday through Friday;
(n) selling, or offering or exposing for sale, to minors any harmful material, sexually oriented material, or sexual paraphernalia, as defined in Section 11-1-10 of this Code;
(o) violation of any of the terms or conditions of a conditional use permit; and,
(p) any violation of City ordinance or other law relating to the licensed business or activity.
(3) An action or omission constituting grounds for revocation under this Section by an agent, employee, officer, operator, owner, or patron of the licensee or the licensed business or activity shall constitute the action or omission of the licensee.
(4) Notification of the Director’s preliminary determination to revoke a business license shall be mailed by the Department by certified U.S. mail to the licensed business at the mailing address identified on the business license application.
(5) Notification of business license revocation shall be mailed by the Department by certified U.S. mail to the licensed business:
(a) if no timely appeal of the preliminary revocation determination was filed, at the mailing address identified on the business license application; or,
(b) if a timely appeal of the preliminary revocation determination was filed, and the determination was sustained by the Administrative Hearing Officer, at the address identified on the appeal.
(Ord. 2019-26, 11-20-2019) (Ord. 2014-01, 01-15-2014) (Ord. 2013-07, 04-17-2013) (Ord. 2012-13, 04-18-2012) (Ord. 2009-16, 03-17-2010) (Ord. 1987-24, 01-02-1988) (Ord. 1983-22, 12-07-1983)
5-1-29. Appeal of preliminary revocation determination.
(Ord. 2014-01, 01-15-2014) (Ord. 2013-07, 04-17-2013) (Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
5-1-30. Doing business after license denied or revoked.
5-1-31. Licensing after denial or revocation.
5-1-32. Powers and duties of police.
(1) To enter, free of charge, during a business’ regular business hours, any place of business for which a license is required, and to demand the exhibition of a current license by any person engaged or employed in the conduct of such business.
(2) To issue citations and make arrests for the violation of any provisions of this Title.
(Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
5-1-33. Violations and penalties.
(a) engage in business without first procuring a license;
(b) engage in business when a license for the business has been revoked, and the revocation appeal period has expired or an appeal has resulted in the revocation being affirmed;
(c) engage in business when a license has become inactive through the non-payment of applicable license fees and accrued penalties; and,
(d) fail to display the license at the licensed place of business, or, if there is no fixed place of business, fail to carry the license while engaging in business.
(2) Any person violating any of the provisions of this Title shall be guilty of a class B misdemeanor and shall, upon conviction therefor, be punished by a fine in a sum not to exceed one thousand dollars ($1,000.00) or by imprisonment for not more than ninety (90) days or by both such fine and imprisonment.
(Ord. 2009-16, 03-17-2010) (Ord. 1998-09, 05-06-1998) (Ord. 1983-22, 12-07-1983)
5-1-34. Effect of conviction - Prosecution not barred.
(Ord. 2009-16, 03-17-2010) (Ord. 1983-22, 12-07-1983)
5-1-35. Separability clause.
(Ord. 1983-22, 12-07-1983)
Click Here for a .pdf copy of Title5 Chapter1
Please Note: Every attempt has been made to keep this online Tooele City Code up-to-date; however, there may be discrepancies between this online code and that which is actually adopted. If you have questions about the Tooele City Code or for the most recent update, please call (435) 843-2120 or email attorney@tooelecity.org.
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