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SALT LAKE CITY ORDINANCE
No. 90 of 1999
(Business Advisory Board)
AN ORDINANCE ENACTING CHAPTER 2.76, SALT LAKE CITY CODE, PERTAINING TO THE BUSINESS ADVISORY BOARD.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 2.76, Salt Lake City Code, relating to the Business Advisory Board be, and the same hereby is, enacted to read as follows:
Chapter 2.76
Business Advisory Board
2.76.010 Purpose.
The mayor and the Salt Lake City council, hereinafter council, declare ±t to be a policy of the city that the businesses of Salt Lake City be provided opportunity to have input regarding significant decisions and issues affecting businesses and the city as a whole.
2 .76.020 Definitions.
For the purpose of this chapter the following terms, phrases, words, and their derivations shall have the meaning given in this section:
A. “Board” means the Salt Lake City business advisory board created under this chapter.
B. “Business” means a for-profit commercial enterprise.
C. “City” means and refers to Salt Lake City, a municipal corporation of the state of Utah.
D. “Council” means the Salt Lake City council.
E. “Director” means the person appointed by the mayor to serve as the director of the department of community and economic development.
F. “Mayor” means the duly elected or appointed, and qualified mayor of Salt Lake City.
G. “Member” means a person appointed by the mayor who is a duly qualified voting or nonvoting member of the board.
H. “Nonvoting member” means a person appointed by the mayor who is duly qualified and a participating, but nonvoting member of the board.
I. “Voting member” means a person appointed by the mayor who is duly qualified and a participating, voting member of the board.
2.76.030 Board created.
There is created the Salt Lake City business advisory board, which body shall consist of eleven appointed voting members and up to five nonvoting members. Voting membership shall consist of residents of the city or of nonresidents who have an ownership interest in a business within the city. No more than two members of the board shall be from the same profession or occupation.
Other individuals, representing organizations with continuing interest and involvement in business within the city may be appointed nonvoting members, including, for example, but not limited to The Salt Lake Area Chamber of Commerce, The Downtown Alliance, and The Downtown Retail Merchants Association. The director of community and economic development or his/her designee, shall be an ex officio member of the board with no voting privileges.
2.76.040 Appointment of members-Oath of office.
A. All appointments of voting members of the board shall be made by the mayor with the advice and consent of the city council. In making initial appointments, the mayor shall, with the advice and consent of the council, designate four voting members to serve two years, four voting members to serve three years and three voting members to serve four years. Any fraction of a year in the initial appointment shall be considered a full year. Thereafter, all appointments shall be made for a four year term. Each member’s term of office shall expire on the applicable last Monday in December. Voting members shall be limited to no more than two consecutive terms each. Each person shall perform service on a voluntary basis without compensation and on such basis shall be immune from liability with respect to any recommendation or action taken during the course of those services as provided by Utah Code Annotated, Section 63-30-1, et seq., as amended, or successor sections. Vacancies occurring in the voting membership of the board shall be filled by appointment by the mayor with the advice and consent of the city council for the unexpired term.
B. All appointments of nonvoting members of the board shall be made by the mayor with the advice and consent of the city council for a one-year term. Any fraction of a year in the initial appointment shall be considered a full year. Thereafter, all appointments of nonvoting members shall be made for a one- year term. Each nonvoting member’s term of office shall expire on the applicable last Monday in December. Nonvoting members shall be limited to no more than four consecutive terms. Each person shall perform service on a voluntary basis without compensation. Vacancies occurring in the nonvoting membership of the board may be filled by appointment by the mayor with the advice and consent of the city council for the unexpired term.
C. Voting members shall sign the oath of office required by law to be signed by city officials and file the same in the office of the city recorder. Every member who shall fail within ten days after notification of his or her appointment to file with the city recorder his or her oath of office to perform faithfully, honestly and impartially the duties of the office, shall be deemed to have refused such appointment, and thereupon
another person shall be appointed in the manner prescribed in these ordinances.
2.76.050 Removal from office.
Any member may be removed from office by the mayor for cause, prior to the normal expiration of the term for which such member was appointed. Any member failing to attend three board meetings in one calendar year shall forfeit membership of the board.
2.76.060 Members’ ethics.
Members shall be subject to and bound by the provisions of the city’s conflict of interest ordinance, Chapter 2.44 of this code, or its successor. Any violations of the provisions of said chapter, or its successor, shall be grounds for removal from office.
2.76.070 Eligibility for membership.
A person, to be eligible to be appointed as a member of the board, shall meet the following prerequisites:
A. Be not less than twenty-one years of age;
B. Be a resident of Salt Lake City or a nonresident of the city who has an ownership interest in a business within the city. 2 . 76. 080 Meetings.
A. The board shall convene for regular meetings to be held approximately monthly throughout the year. To the extent that meetings of the board are governed by Chapter 4 of Title 52, Utah Code Annotated, 1953 as amended, or its successor, said meetings shall be conducted in compliance with said state law. Meetings shall be held at the city and county building, or at such other public place as may be designated by the board. Six voting members of the board shall constitute a quorum for the purpose of holding meetings. The board may act officially by an affirmative vote of any six or more voting members present.
B. Special meetings may be called by a majority of the board, the chairperson, or the Mayor. The call for a special meeting must be signed by the member calling such meeting and, unless waived in writing, each member not joining in the order for such special meeting must be given not less than three hours’ notice. Said notice shall be served personally or left at the member’s residence or business office. Meetings shall be held at such public place as may be designated by the board.
C. The board shall cause a written record of its proceedings to be kept which shall be available for public inspection in the office of the director. The board shall record the yea and nay votes of any action taken by it. The director shall make available a secretary to the board when required.
D. The board shall adopt a system of rules of procedure under which its meetings are to be held. The board may suspend the rules and procedures by unanimous vote of the voting members of the board who are present at the meeting. The board shall not suspend the rules of procedure beyond the duration of the meeting at which suspension of the rules occurs.
2.76.090 Election of officers.
Each year the board at its first regular meeting after the last Monday in December shall select one of its voting members as chairperson and another of its voting members as vice- chairperson, who shall perform the duties of the chairperson during the absence or disability of the chairperson. No voting member shall serve more than two consecutive terms as chairperson.
2.76.100 Review of action-Powers of mayor.
All actions taken by the board shall constitute recommendations to the director, the mayor, and the city. The director of the department of community and economic development and/or mayor shall have the power to review, ratify, modify or disregard any recommendation submitted by the board, and the mayor may refer the matter to the city council, if appropriate.
2.76.110 Committees.
The board may, by vote, designate such committee or committees as it desires to study, consider and make recommendations on matters which are presented to the board. In the event the board desires non-board members to serve on such a committee, the board may make such appointments; but shall include at least one voting board member on such committee. Non-board members of such committees shall serve without compensation.
2.76.120 Powers and duties.
The board shall have the following powers and duties:
A. Determine and establish such rules and regulations for the conduct of the board as the members shall deem advisable; provided, however, that such rules and regulations shall not be in conflict with this chapter or its successor, or other city, state or federal law;
13. Recommend the adoption and alteration of all rules, regulations and ordinances which it shall from time to time deem in the public interest and for the purposes of carrying out the objects of this chapter; provided, however, that such rules and regulations shall not be in conflict with this chapter or its successor, or other city, state or federal law;
C. To advise and to make recommendations to the city administration and the city council on business-related issues which may include, but not be limited to:
(1) business license fee rates;
(2) proposed planning and zoning changes;
(3) development of a strategic plan to encourage business growth in the city; and (4) measures to enhance business activities, such as the downtown economic development study and the neighborhood business master plan.
D. Serve as a coordination body and resource for organizations interested in business issues affecting the city.
SECTION 2. This ordinance shall take effect immediately upon the date of its first publication.
Passed by the City Council of Salt Lake City, Utah this 9th day of November, 1999.
Bill No. 90 of 1999.
Published: December 17, 1999.