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SALT LAKE CITY ORDINANCE
No. 53 of 1999
(Business license fee amendments)
AN ORDINANCE AMENDING SECTIONS 5.04.070, 5.64.130, 5.72.240, 12.56.330, AND SCHEDULE 1 TO TITLE 5, SALT LAKE CITY CODE, PERTAINING TO BUSINESS LICENSE FEES.
WHEREAS, the 1997 Utah Legislature enacted House Bill # 98 (H.B. 98) which, among other things, provided that:
(1) municipalities may license for the purpose of regulation and revenue any business within the limits of the municipality and may regulate that business by ordinance;
(2) municipalities may levy and collect a license fee on businesses which cause disproportionate costs of municipal services or for which the municipality provides an enhanced level of municipal services in an amount that is reasonably related to the costs of the municipal services provided by the municipality;
(3) before the governing body of the municipality imposes a license fee on a business which causes disproportionate costs of municipal services, the governing body of the municipality shall adopt an ordinance defining for purposes of the fee what constitutes disproportionate costs and what amounts are reasonably related to the costs of the municipal services provided by the municipality;
(4) before the governing body of a municipality imposes a license fee on a business for which it provides an enhanced level of municipal services, the governing body of the municipality
shall adopt an ordinance defining for purposes of the fee what constitutes the basic level of municipal services in the municipality and what amounts are reasonably related to the costs of providing an enhanced level of municipal services in the municipality; and
(5) “municipal services” include:
(A) public utilities; or
(B) services for: police, fire, storm water runoff, traffic control, parking, transportation, beautification, or snow removal; and
WHEREAS, pursuant to said legislation, Salt Lake City (“ the City” ) previously conducted an analysis of its business license fees during 1997 and enacted Ordinance No. 88 of 1997 which adjusted the City’s business license fees accordingly; and
WHEREAS, the City has conducted further analysis of its business license fees which analysis has:
(1) further identified the city’s costs of licensing, inspection, and related administrative costs of all the businesses within the city; and
(2) further identified those businesses, as set forth in Schedule 1 attached hereto and made a part hereof by this reference, which require a disproportionate level of the city’s services, after defining, for fee purposes, what constitutes disproportionate costs, the total of said costs of licensing, inspection, related administrative costs and disproportionate costs;
NOW, THEREFORE, pursuant to H.B. 98 and based upon the findings resulting from the aforementioned analysis, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 5.04.070, Salt Lake City Code, pertaining to license fees levied be, and the same hereby is, amended to read as follows:
5.04.070 License fees levied.
A. Fees for Businesses Located in the City. There is levied upon the business of every person engaged in business in the city at a place of business within the city, an annual business license fee per place of business. The amount of the fee shall be the base license fee imposed under subsection B of this section, plus:
1. The disproportionate impact fee imposed under subsection C of this section, if applicable; and
2. The enhanced services fee imposed under subsection D of this section, if applicable.
B. Base license fee. The base license fee levied and imposed, covering licensing, inspection, and related administrative costs shall be as follows:
1. home-occupation businesses: fifty dollars
2. non home-occupation businesses: seventy dollars.
C. Disproportionate Costs.
1. It is determined by the city council that a disproportionate level of municipal services are provided to certain businesses within the city in comparison with that level of services provided to other businesses and to residences within the city, based on additional services provided to such businesses and on disproportionate use of police, fire, transportation, and street maintenance services and the additional costs associated with increased usage of public facilities by employees.
2. The fee determined to be related to the disproportionate costs of such municipal services is (a) ten dollars per employee for each and every full-time and part-time employee exceeding one, engaged in the operation of said business, based upon the number of employees defined in Section 5.04.010 or its successor, plus (b) a designated disproportionate fee for the applicable businesses as set forth in Schedule 1 attached to this Title 5 and made a part hereof by this reference.
D. Enhanced Services. It is determined by the city council that municipal services are provided to businesses within the central business district and the Sugarhouse business district, as defined in the zoning ordinance, at a level which exceeds other geographic areas of the city. No enhanced service fee shall be charged said businesses at the present time.
E. Multiple rental dwellings. An owner of multiple rental dwellings within the city shall be required to obtain one base license and to pay one base license fee for the operation and maintenance of all such rental dwellings plus a fee for disproportionate costs of regulation as set forth in subsections B and C of this section.
F. Fee for Businesses Located Outside the City. There is levied upon every person engaged in business in the city, not having a place of business in the city, and not exempt as provided by Section 5.04.040 of this chapter, or its successor, the same license fee as if such place of business were located within the corporate limits of Salt Lake City.
G. Nonrefundable application fee. In the event any initial or renewal business license application is denied by the city or is withdrawn by the applicant, the city shall be entitled to retain the sum of thirty-five dollars as a nonrefundable business license application fee from any license fees paid or payable to the city, unless another nonrefundable business license application fee is otherwise provided for under the ordinances of the city.
H. Renewal notices. Any notice or renewal reminder provided by the city in connection with this Section may be sent by ordinary mail, addressed to the address of the business as shown on the records of the city’s licensing office, or, if no such address is shown, to such address as the licensing office is able to ascertain by reasonable effort. Failure of a business to receive any such notice or reminder shall not release such business from any fee or any penalty, nor shall such failure operate to extend any time limit set by the provisions of this chapter.
SECTION 2. That Section 5.64.130, Salt Lake City Code, regarding solicitors registration be, and the same hereby is, amended to read as follows:
5.64.130. Registration - Fee - Identification card.
The chief of police shall collect from each person registered pursuant to Section 5.64.030 of this chapter or its successor, at the time of registration, a sum to be determined by the mayor or his or her designee, but not to exceed twenty-five dollars, which sum shall be remitted by the chief of police to the city treasurer. Upon payment of the fee, and provided the person has completed and satisfactorily meets all of the requirements of this chapter, the police chief shall issue to the applicant an identification card which shall constitute a permit for solicitation as provided in this chapter for the period of time stated thereon.
SECTION 3. That Section 5.72.240, Salt Lake City Code, regarding taxicab drivers applications be, and the same hereby is, amended to read as follows:
5.72.240. Application - Fee required.
At the time the application is filed, the applicant shall pay to the police department a fee, in an amount to be determined by the mayor or his or her designee, but not to exceed thirty dollars.
SECTION 4. That Section 12.56.330, Salt Lake City Code, regarding freight curb loading zones, be, and the same hereby is, amended to read as follows:
12.56.330. Freight curb loading zones.
A. No person shall stop a vehicle or permit the same to remain stopped for any purpose or length of time other than for the expeditious loading and/or unloading of materials in any place marked as a freight curb loading zone during the hours when the provisions applicable to such zones are in effect.
B. Vehicles so using freight curb loading zones must have a freight license sticker permanently affixed to the front windshield of the vehicle. Said sticker shall be obtained from the business license supervisor upon payment of a fee of $25 and shall be renewable annually. Said sticker is not transferable to any other vehicle, except as provided herein. The maximum number of stickers which may be issued to a business shall be the number of vehicles used by the business for transporting freight. In the event the licensee sells, assigns or transfers such vehicle, the city license may be transferred to a newly acquired vehicle upon application to the city license supervisor. In the event a sticker or permit issued by the city under this chapter is lost or destroyed, the licensee shall forthwith obtain a replacement sticker or permit from the city. The fee for a transfer of a motor vehicle license shall be five dollars for each vehicle. The fee for replacement of a sticker or permit issued by the city under this chapter shall be five dollars per replacement.
C. In no case shall the stop for loading and/or unloading of materials exceed thirty minutes.
ID. The driver of a passenger vehicle may stop at a place marked as a freight curb loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any city-licensed vehicle used for the transportation of materials which is waiting to enter or about to enter such zone; provided, however, that the driver must remain with his or her vehicle.
SECTION 5. That Schedule 1 to Title 5 be, and the same hereby is, amended to read as follows:
SCHEDULE 1
The following classes of businesses, listed with their subclasses and city object codes, shall be charged the following fees, in addition to the base license fee and the per employee fee, due to their receiving a disproportionate level of city services, as provided in Section 5.04.070, or its successor section. The listed fee includes the charge for one background check where required. For each additional background check per business there shall be a fee of $80.00.
Classes and Subclasses of Businesses
Additional Disproportionate Fee
City Object Code
1 - Pawnshop and Secondhand Dealer -
PAWNBROKER 120523
Disproportionate Fee per business $500
SECONDHAND COMPACT DISK EXCHANGE DEALER
Disproportionate Fee per business $150
SECONDHAND COMPUTER EXCHANGE DEALER
Disproportionate Fee per business $150
2 - Transportation vehicles
CARRIAGE 120726
Disproportionate Fee per vehicle $40
3 - Apartments
APARTMENT UNITS 120444
Disproportionate Fee per Rental Unit $6
Classes and Subclasses of Businesses City Additional
Object Disproportionate
Code Fee
4 - Class “AT’ Alcohol Related Business
120301
Disproportionate Fee per Business $190
5 - Class “B” Alcohol Related Business
120322
Disproportionate Fee per Business
$150
6 - Class “C” Alcohol Related Business
120323
Disproportionate Fee per Business $126
7 - Class “ D” Special Events
Disproportionate Fee per Event $150
Classes and Subclasses of Businesses City Additional
Object Disproportionate
Code Fee
8 - Class “E Alcohol Related Business
120304
Disproportionate Fee per Business $170
9 - Brewery /Micro Brewery Alcohol Related Business
120318
Disproportionate Fee per Business $150
10 - Private Clubs Class “BT’ Alcohol Related Business
120309
Disproportionate Fee per Business $300
11 - Private Clubs Class “C” Alcohol Related Business
120310
Disproportionate Fee per Business $240
Classes and Subclasses of Businesses City Additional
Object Disproportionate
Code Fee
12 - Liquor Consumption
120327
Disproportionate Fee per Business $150
13 - Temporary Alcohol Related Business
120305
Disproportionate Fee per Business $150
14 - Government Alcohol Related Business
Disproportionate Fee per Business $150
15 - Auctioneer
120503
Disproportionate Fee per Auctioneer $80
16 - Auction
AUCTION HOUSE - TRANSIENT 120505
Disproportionate Fee per Business
(See Temporary Merchant)
Classes and Subclasses of Businesses City Additional
Object Disproportionate
Code Fee
17 - Vehicle Towing and Wrecking
AUTO TOWING 120506
AUTO WRECKING 120507
Disproportionate Fee per Business $40
18 - Room Rental (other than apartments)
AUTOMOBILE COURT 120401
Disproportionate Fee per Rental Unit $2
BOARDING HOUSE 120404
Disproportionate Fee per Rental Unit $2
HOTEL 120426
Disproportionate Fee per Rental Unit $3
MOTEL 120427
Disproportionate Fee per Rental Unit $3
ROOMING HOUSE 120428
Disproportionate Fee per Rental Unit $3
19 - Entertainment
CONCERT 120808
Disproportionate Fee per exhibition room $70
THEATER-LIVE 120819
Disproportionate Fee per exhibition room $80
Classes and Subclasses of Businesses City Additional
Object Disproportionate
Code Fee
THEATER MOTION PICTURE 120820
Disproportionate Fee per screen
$80
LIVE ENTERTAINMENT 120519
Disproportionate Fee per exhibition room $70
DANCE HALL 120512
Disproportionate Fee per room $80
20 - Dating/Marriage 120538
Disproportionate Fee per Business $80
21 - Fireworks
FIREWORKS-INSIDE 120543
FIREWORKS-OUTSIDE 120545
Disproportionate Fee per Location $60
22 - Gas/Oil
SERVICE STATION 120429
Disproportionate Fee per Pumping Hose $20
WHOLESALE OIL 120437
Disproportionate Fee (Total per year) $120
WHOLESALE GAS 120438
Disproportionate Fee (Total per year) $600
23 - Tobacco Related 120433
Disproportionate Fee per Business $30
Classes and Subclasses of Businesses City Additional
Object Disproportionate
Code Fee
24 - Sexually Oriented
ADULT BUSINESS 120555
Disproportionate Fee per Business $200
SEMI-NUDE DANCING BAR 120557
Disproportionate Fee per Business $200
SOB OUTCALL BUSINESS 120560
Disproportionate Fee per Business $400
NUDE ENTERTAIN. BUSINESS 120563
Disproportionate Fee per Business $300
NUDE AGENCY 120566
Disproportionate Fee per Business $300
SEMI-NUDE DANCE AGENCY 120567
Disproportionate Fee per Business $290
25 - Sexually Oriented
ADULT EMPLOYEE 120556
Disproportionate Fee per Employee $100
SEMI-NUDE NONPERFORMER 120559
Disproportionate Fee per Employee $100
SOB NONPERFORMER 120562
Disproportionate Fee per Employee $100
NUDE NONPERFORMER 120565
Disproportionate Fee per Employee $100
Classes and Subclasses of Businesses City Additional
Object Disproportionate
Code Fee
DANCE NONPERFORMER 120569
Disproportionate Fee per Employee $100
26 - Sexually Oriented
SEMI-NUDE PERFORM EMPLOYEE 120558
Disproportionate Fee per Nude/Semi Nude Performer $160
NUDE PERFORMER EMPLOYEE 120564
Disproportionate Fee per Nude/Semi Nude Performer $160
SEMI-NUDE DANCE PERFORM 120568
Disproportionate Fee per Nude/Semi Nude Performer $160
27 - Sexually Oriented Business
SOB OUTCALL PERFORMER 120561
Disproportionate Fee per Outcall Performer $300
28 - Sexually Oriented
SOB TRANSFER 120599
Disproportionate Fee per Performer Transfer $70
29 - Sexually Oriented Business
PHOTOGRAPHY ADULT 120724
Disproportionate Regulatory Fee per Photographer $140
Classes and Subclasses of Businesses City Additional
Object Disproportionate
Code Fee
30 - Non Alcohol Private Club
CARD CLUB 120509
Disproportionate Fee per Business $70
PRIVATE CLUB CLASS A 120308
Disproportionate Fee per Business $80
Classes and Subclasses of Businesses City Additional
Object Disproportionate
Code Fee
31 — Solicitor 120529
Disproportionate Fee per Individual
$40
32 - Temporary Merchant
TEMPORARY MERCHANT 120532
Disproportionate Fee per day $150
TEMP MERCHANT SPONSOR 120541
Disproportionate Fee per day $120
33 - Temporary Merchant Participant
TEMP MERCHANT PARTICIPANT 120542
Disproportionate Fee per Participant $20
Classes and Subclasses of Businesses City Additional
Object Disproportionate
Code Fee
34 - Amusement Devices/Billiards
AMUSEMENT DEVICES 120801
BILLIARDS 120803
Disproportionate Fee per device $2
SECTION 6. This ordinance shall take effect September 1, 1999
Passed by the City Council of Salt Lake City, Utah this 8th day of June, 1999.
Bill No. 53 of 1999.
Published: June 18, 1999.