Business Licensing Ordinance
From Weber County Wiki
Revision as of 22:56, 24 September 2007 by Mtuttle
Business License Department
1-1 Division Created - Personnel
- There is hereby created a County License Division within the Weber County Department of Operations Management, which shall function directly under and be a responsibility of the Weber County Department of Operations Management Director. There is also hereby created the Office of the License Director in said Division and said License Director shall have charge of said Division and direct the same subject to and in accordance with such terms and conditions as the Board of County Commissioners deems appropriate. The License Director shall be appointed by the Director of the Department of Operations with approval by the Board of County Commissioners. The Board of County Commissioners may authorize the appointment of such deputies, clerks or other employees in the License Department as the Board may consider necessary.
1-2 Duties of License Director
- The License Director shall assess each licensee in accordance with the provisions of this Title and shall receive all license fees provided by this Title. The License fees shall be as established by the Title and payable annually in advance except as hereinafter provided, and shall date form the first day of January of each year and shall expire on the thirty-first day of December of each year. (1970 rev.)
- The License Director shall keep and maintain a suitable index containing the names of licensees and the names of each class of miscellaneous licensees which index shall be arranged alphabetically.
1-4 Assessment Roll
- Before the first day of January of each year the License Director shall submit to the Commission an assessment roll, which shall contain the names and addresses of all persons, firms, corporations or associations subject to license assessment within the County under the terms of this Title and any other license ordinance then in effect. The assessment roll submitted to the Commission shall contain in addition to the foregoing information, the amount of license assessment each licensee has been assessed and information showing that notice of the assessment has been mailed to each licensee within the County and the date upon which the notice was mailed.
1-5 Validity of Assessments
- Failure of the License Director to submit to the Commission the information required by this section shall not in any way affect the validity of any assessment made.
1-6 Powers of the License Director and Deputies
- The License Director and all deputies in the discharge and performance of their official duties under this Title is hereby granted and shall have and exercise the following powers:
- To enter free of charge at any reasonable time any place of business or to stop any vehicle for which a license is required by this ordinance, to examine and inspect said place or vehicle and to demand the exhibition of such license for the current term from any person engaged or employed in the transaction of such business or the operation of such vehicle. It is hereby made a duty of the License Director and all his deputies to cause complaints to be filed against all persons violating any of the provisions of this Title. (Amended by Ord. 96-5, Jan. 31, 1996)
1-7 Ex-Officio License Deputies
- The Sheriff and all Deputy Sheriffs, and the Director of Licenses and his deputies, the Planning Director and his deputies, and the Building Inspector and his deputies are hereby appointed Ex-Officio License Deputies and in addition to their several duties in their regular offices or positions, they are hereby authorized and empowered to examine all places of business subject to pay a license under this ordinance as their duties shall bring them into contact with such businesses and to see that such businesses covered and authorized by the license issued are carried on or transacted in accordance with this Title and any other applicable ordinance and to report to the License Director the names of all such persons doing business without a license immediately upon the fact coming to their knowledge and to report to the License Director all instances of the conduct of any business other than that covered by the license issued to it.
1-8 Periodic Inspection
- Periodic inspection of businesses licensed by Weber County may be made by representatives of the Weber County Public Works Department and the Sheriff of Weber County, depending on the nature of the licensed business.
Board of License Equalization
2-1 Commission May Adjust Assessments
- The Board of County Commissioners is hereby constituted a Board of License Equalization for the equalization of license rates. Said Board shall have authority to examine the assessments made by the License Director and to hear complaints of persons aggrieved by their license assessments and to make changes in any assessments the Board concludes to be illegal, unequal or unjust, provided, however, that any corrections made by the Board shall be entered in detail in the record of License assessment kept by the License Director, and the Board shall approve in writing said entries before the License Director shall adjust the accounts.
2-2 Time of Meetings
- The Board shall meet no more than twice yearly and only if requests for assessment adjustments are made. The first meeting shall be held not later than the second Monday in January of each year and the Board shall continue in session from time to time until the business of equalization under this Chapter is disposed of, but not later than the second Monday of February of each year. The second meeting shall be held during the month of July of each year commencing not later than the 5th day of July, and the Board shall continue in session as herein provided until the business of equalization under the Chapter is disposed of but not later than the 31st day of July of the same year.
2-3 Period of Limitation on Complaints
- All complaints relative to assessment made subsequent to July 1st and before the first day of January of each year must be presented to said Board within the next period of the first meeting of the Board; or be assessments made subsequent to the first day of January and before the first day of July must be presented to said Board within the next period of the second meeting as herein provided.
- This Title is designed and enacted for the purpose of promoting the safety, health and prosperity, improving the morals, peace, good order, comfort and convenience of the County and the inhabitants thereof, protecting property therein defined and raising revenue therefrom.
3-2 License Necessary
- It shall be unlawful for any person to engage in or carry on or operate any business in the County referred to in this Title, or use any property for any such business, without first making application of and obtaining a license from the County for such business, and by paying in advance the license fee required therefor as enumerated in Chapter 8 hereof.
3-3 License Non-Transferable
- No license granted or issued under any of the provisions of any ordinance of the County shall be in any manner assignable or transferable or authorize any person other than the person therein mentioned or named to do business, or authorize any other business than is therein mentioned or named to be done or transacted, provided that any person to whom one or more licenses have been issued to transact or carry on some business at a definite location in the County may, except as hereinafter provided, make application of the transfer of any or all of his said licenses for the sole purpose of transacting or carrying on the same business as is therein mentioned at some other definite location in the County by himself, by filling said application with the License Director. The Commission, after receiving reports furnished by the License Director, the Sheriff and the Board of Health, may in its discretion, deny or grant the transfer of any or all of the licenses strictly within the above limitations.
3-4 Business Ineligible for License
- It shall be unlawful to peddle or offer for sale in any place but a duly licensed business establishment any medicine, nostrum or remedy of any character or description, and no license shall be issued for such purpose, except that this shall not apply to the sale of medicines, nostrums or remedies, packaged or labeled in compliance with the requirements of the Federal Rood, Drug and Cosmetic Act and regulations thereunder, and similarly applicable laws and regulations of the State of Utah.
3-5 Rules and Regulations
- Rules and regulations covering health, safety, morals, peace, good order, comfort and convenience of the general public with respect to any business covered hereunder shall be adopted by the Commission and copies of such rules and regulations shall be made available to and displayed by the licensees affected thereby in a conspicuous place upon the licensed premises.
Application for Licenses
4-1 Applications for License
- All applications for licenses shall be made in writing and submitted to the License Department upon a prepared form which may be obtained from such Department.
- Each application shall show the following:
- (a) The name and address of the person desiring a license. If the applicant is a partnership, the names and addresses of the partners, and if a corporation, the names and addresses of all officers and directors.
- (b) The kind of license desired, stating the business to be preformed, practiced or carried on.
- (c) The class of license desired, if such licenses are divided into classes.
- (d) The place where such business is to be carried on, giving the street number, if such business is to be carried on in any building or enclosure or stated location.
- (e) The period of time for which such license is desired to be issued.
- (f) Such other facts and information as may be required by ordinance, the Statutes of the State of Utah and the Commission.
4-3 Filing Application - Fee to Accompany
- Each application for a license under this Title shall be filed by the applicant with the License Director and shall be accompanied by the license fee required to be paid for the issuance of the license desired. The fee may be in the form of cash or check made payable to Weber County Treasurer. Applications received by the License Director shall be numbered in the order of their receipt and shall be filed in numerical sequence in the License Department.
4-4 Applications Referred to Commission, Licensing Director or Others
- After receipt of an application for a license the Licensing Director shall process the application as follows:
- (a) When an application is received for a new license a summarized report of the application shall be submitted for approval to the Board of County Commissioners at a regularly scheduled Commission Meeting;
- (b) When deemed appropriate by the License Director, or as otherwise required herein, the application shall be referred to the Sheriff's Office, the Weber Morgan Health Department, the appropriate Fire department, or other official body or agency for investigation;
- (c) When in the opinion of the License Director, the application is for the renewal of a license for a business previously approved by the Commission and for which a valid license has been in place within the past 12 months, and for which investigation by other agencies is not required, the Commission hereby authorizes the License Director to approve the application and grant the license applied for. Such approvals by the License Director shall be endorsed on a summarized report of applications for renewals and the License Director shall forthwith issue a license certification renewal stamp.
4-5 Investigation of Applications
- The Commission, in its discretion, may refer the application to the Fire Department, Board of Health, Sheriff or other official or body, for the purpose of investigation and inspection concerning the general reputation or character of the person making the application, or a person directly interested therein; the general reputation of those who patronize said business, the nature or kind of applicant's business; whether such place is or has been conducted in a lawful, quiet, orderly and helpful manner, the conditions of health and safety of such premises, together with any other fact or facts which the Commission should know in acting upon the application.
4-6 Report of Investigation
- Upon being requested to do so by the Board of County Commissioners or the License Director, the Sheriff, Board of Health, Fire Department or other official or body shall conduct the investigation and inspection provided for in County Ordinances, and within five (5) days after receiving such request, submit to the Board of County Commissioners or License Director, a report on such investigation and inspection, together with recommendations as to whether the license should be granted or denied.
4-7 Action by the Commission
- After receipt of the report and recommendation of the Sheriff, Board of Health, Fire Department or other official or body, the Commission shall act upon said application as it shall deem just and proper in regard to granting or denying the same, or may order further information or investigation concerning the same.
4-8 Approval of Application
- In the event the Commission shall approve any application for a license such approval shall be endorsed on the summarized report of applications by the Chairman of the Board of County Commissioners and forwarded to the License Director, who shall forthwith issue a license certificate or license certification renewal stamp therefore.
4-9 Denial of Application
- In the event the Board of Commissioners shall deny any application for a license, the reason therefor shall be endorsed on the application by the Clerk of the Board of County Commissioners and the License Director shall return the fee deposited with the application to the applicant forthwith, together with notice that said applicant may appear before the Commission for the purpose of presenting reasons for setting aside such denial. If applicant makes such appearance and presents adequate justification, the Commission may, in its discretion, set aside the denial and approve the application.
4-10 Payment of License Fee--License Period
- All licenses provided for in this Title shall, except as hereinafter provided, be payable annually in advance commencing January first, and unless revoked as provided in this Title, shall be effective through the following December thirty-first, unless otherwise provided herein. A license for any business to be established may be issued at any time during the year (and the license for the entire year as the remaining period of the year until December thirty-first, after commencement of such business, bears to the entire year).
- All license fees shall be paid by the licensee at the Office of the License Director.
4-11 Combination License
- Where two or more types of duly licensed businesses are conducted within a single establishment by the same person a combination license may be issued therefor. However, such combination license shall not include licenses for beer, entertainment devices, Christmas tree lots, fireworks stands, or vending machines.
- The annual fee for such combination licenses shall be based on the full regular fee for the type of business which carries the highest rate plus one-half of the regular rate on each of the other business involved.
4-12 Fees Not Refunded
- No license fee, or any part thereof, shall be refunded for any reason whatsoever, once the license has been granted or issued by the County.
4-13 Unlawful to Refuse Inspection
- It shall be unlawful for any person licensed under the provisions of these ordinances to refuse permission to an Inspector of the County to enter his licensed premises and inspect the same.
5-1 License Certificates - Contents
- Every certificate of license shall bear upon its face the following:
- (a) The name of the person to which such certificate has been issued.
- (b) The amount paid for such license.
- (c) The kind of license and the class of such license, if such licenses are divided into classes.
- (d) The term of the license with the commencing date and the date of its expiration or appropriate stamp indicating the license term.
- (e) The place or places where such business is to be carried on.
- (f) The signature of the Chairman of the Board of County Commissioners attested by the License Director or Deputy for when the license certificate was first issued.
- (g) The appropriate license renewal stamp it a new certificate is not given.
5-2 Posting of Certificates
- Every certificate of license issued shall be posted by the license issued shall be posted by the licensee in a conspicuous place upon the wall of the building, room or office of the store or place in which such licensed business is carried on, so that the same may be easily seen.
- When such certificates of license expire, the licensee shall remove the same from the place in which it has been posted. No certificate of license which is not in force and effect shall be store, office or place of business after the period of such certificate of license has expired.
5-3 License Certificate to be Shown to Officials
- It shall be the duty of each and every person to whom a certificate of license has been issued to show the same at any proper time when requested to do so by the License Director, Sheriff or their deputies or any law enforcement officer.
5-4 Misuse of Certificates
- It shall be unlawful to deface or mutilate a license certificate or license renewal certification stamp it is required to be posted in the licensed premises or upon any machine or vehicle required hereby to be licensed, or to remove it or attempt to remove it therefrom without destroying it, or use, or permit the same to be used at any place other than that designated therein, or for any license to place or permit it to be placed or be in or upon any place of business, or be upon one or vehicle after it has been placed in or upon another place of business, or vehicle prohibited or declared to be unlawful by this ordinance or any other ordinance or law.
Enforcement and Penalties
5-6-1 Penalty for Late Payment
- If any license fee is not paid within forty-five (45) days of the due date, a penalty of twenty-five per cent (25%) of the amount of such license fee shall be added to the original amount thereof, and if not paid within three (3) months of the due date, an additional penalty of twenty-five per cent (25%) shall be added to the original amount thereof. All penalties provided for in this section shall be collected and the payment thereof enforced in the same manner as the license fees are collected and payment thereof enforced. No license shall issue until all penalties legally assessed have been paid in full.
5-6-2 Civil Action to Recover Fee
- In all cases where this ordinance requires a license to be obtained from the County, the amount to be paid for such license being fixed by this ordinance, and said amount shall not have been paid at the time or in the manner provided in this ordinance, civil action may be brought in the name of Weber County against the person failing to pay such license fee in any Court of this State having jurisdiction of such action, to recover the amount of the same and any penalties which may attach. In any case where several amounts for licenses are due under any County ordinance and remain due and unpaid by any such person, such several amounts of paid licenses may be joined as separate causes of action in the same complaint in one civil action.
5-6-3 Duty of County Attorney
- It shall be the duty of the County Attorney to prepare, bring and prosecute the civil actions contemplated by this chapter upon request of the Board of County Commissioners.
5-6-4 Enforcement of Other Penalties
- Nothing in this section shall be construed to prevent or in any manner interfere with the enforcement of any penalty provisions contained in any ordinance of Weber County.
Revocation of Licenses
5-7-1 Revocation After Notice and Hearing
- Any license issued under this Title may be revoked after notice to licensee of person attempting to act under a license, and after a hearing held by a Board of County Commissioners on the matter, after notice to licensee or person acting under the license, advising him of the date and place of hearing. After notice of and hearing concerning the revocation of license, the Board of Commissioners may revoke the license of any licensee for any violation of this ordinance or any other ordinance or law or for any other cause which the Commission deems good and sufficient.
7-2 Revocation of Beer Licenses
- The Commission may with or without hearing, at its discretion, refuse to grant any beer license applied for and may revoke any keg license at any time, when in its opinion it is necessary for the protection of public health, peace or morals, and in no such case need any cause be given, if any applicant or licensee shall not possess or shall cease to possess all of the qualifications required by the Liquor Control Act of Utah, or fails to comply with the ordinances of the County. It shall be unlawful for any person to engage in the sale of beer after revocation of his license until he may again qualify as provided herein to engage in the sale thereof. The Board of County Commissioners may revoke any beer license upon recommendation of the Sheriff or the County Attorney, when it appears to their satisfaction that any licensed premises has become a nuisance as defined by County Ordinances, or a disorderly house, or a premises habitually violating the State or County laws, or a place contributing to delinquency of minors; and in any case where the license is so revoked no license shall again be issued for such premises for a period of six months after revocation.
7-3 Effect of Revocation
- If at any time a license under the provisions of this Title is denied or revoked, it shall thereafter be unlawful for any person to engage in or carry on, or operate or use or permit to be operated or used any property for any business with respect to which license has been revoked or denied until a license shall be granted by the Commission.
7-4 Waiting Period for New Licenses
- No person who has been denied a license, or whose license has been revoked under the provisions of this Title, and no person associated or connected with such person in the same purpose under provisions of this Title for a period of six months after such denial or revocation has occurred. The Board of County Commissioners may, at its discretion, waive the prohibition against persons associated or connected with an individual who has been denied a license.
8-1 Auto Courts and Trailer Camps
- It shall be unlawful for any person to operate, maintain or offer for use in the County any automobile tourist park, camp grounds, or other public place for camping, sleeping or lodging, whether in tents, automobiles, trailer houses, cabins, huts, or other vehicles or structures, or where automobile house cars or trailer houses may be parked or located or occupied as living quarters, without first making an application to the license Director and obtaining a license therefor. The license fees for such parks shall be the sum of $75.00 plus $5.00 for each space available.
- (a) For the purpose of this section an auctioneer is a person who conducts a public competitive sale of property by outcry to the highest bona fide bidder and an auction house is defined as a place where personal property is sold at auction by an auctioneer. The license for either an auctioneer or auction house shall be $100.00 per quarter year.
- (b) The Provisions of this section shall not apply to any auction held for charitable or benevolent purposes of for any church affair, festival or bazaar, to judicial sale or sales by executors or administrators, including sales by the Sheriff and constables.
- It shall be unlawful for any person to engage in the business of selling beer wholesale or retail in Weber County, State of Utah, without first obtaining a license therefor and without complying with the ordinances of Weber County and the Liquor Control Act of Utah. The specific provisions governing the various beer licenses and fee are found in title 3 (Beer) of these ordinances.
- Retail licenses issued hereunder shall be of the following kinds and shall carry the following privileges and be numbered numerically commencing from the number one:
- Class "A" retail license shall entitle the licensee to sell beer on the licensed premises in the original containers for consumption off the premises in accordance with the Liquor Control Act of Utah and the ordinances of Weber County.
- Class "B" retail license shall entitle the licensee to sell beer on the premises in the original containers for consumption on the premises and in accordance with the Liquor Control Act of Utah, and shall be issued solely to restaurants only when the food and services sold or rendered are sufficient in nature to amount to evidence and afford assurance to the Board of Commissioners of a bona fide restaurant business instead of a mere pretext for obtaining a license.
- Class "C" retail license shall entitle the licensee to sell beer on draft or in its original containers for consumption on or off the premises in accordance with the Liquor Control Act of Utah. (Amended by Ord. #96-5, Jan. 31, 1996)
- "Seasonal" license shall carry the privileges of a Class "C" retail licenses and shall be for a period of less than one year to be determined by the Board of Commissioners.
- Class "A" retail licensees shall be entitled to the privilege of the sale of soft drinks as provided by Ordinances of Weber County, without payment of the fee therein provided and Class "B," "C," and "Seasonal" licenses shall be entitled to the privilege of the sale of soft drinks as provided by Ordinances of Weber County, without payment of the fee therein provided.
- It shall be unlawful 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 form a brewer or wholesaler licensed under the provisions of the Liquor Control Act of Utah.
- The fees for beer licenses shall be as follows:
- For Class "A" retail license per annum $200.00 or any part thereof.
- For Class "B" retail license per annum $200.00 or any part thereof.
- For Class "C" retail license per annum $500.00 or any part thereof.
8-4 Bus lines or Motor Buses
- For the purpose of this Section a motor bus is defined to be any motor-propelled vehicle operated over the streets of the County, regularly or at intervals along a definite and regular route, or between definite points within the County, regularly or at intervals along a definite and regular route, or between definite points within the County, for the purpose of carrying passengers for hire and which vehicle receives, carries and discharges as passengers such persons that offer themselves for transportation along such route, or between such points, or which shall be operated as a means of local transportation.
- It shall be unlawful for any person to carry on the business of transporting passengers for hire, in any motor bus or buses on the streets of the County without first having obtained a license so to do. The fee for such license shall be $100.00 each per year for the first the (10) units; $15.00 each for each additional unit. (Amended by Ord. #40 -79, Nov. 20, 1979)
- The term cabaret for the purpose of this subsection shall be defined as any room, place, building or structure, open to public patronage where food and drink is prepared, served or offered for sale or sold for human consumption on or off the premises, and whose patrons may be entertained by performers who sing or dance or perform theatrical acts, and where the patrons may or may not dance.
- Licenses issued hereunder shall be of the following kinds and shall carry the following privileges:
- Class "A" - License shall allow patrons to dance on the premises.
- Class "B"- License shall not allow patrons to dance on the premises.
- The fees for Cabaret Licenses shall be as follows:
- For Class "A" License- per annum $75.00.
- For Class "B" License- per annum $50.00.
- For the purpose of this subsection a carnival is any enterprise known by that name, or any rodeo, menagerie, wild west show, or any side show using tents or temporary seating facilities in excess of four (4) tiers, which is open to the public.
- The license fee for carnivals shall be as follows:
- $100.00 per day, and a $500.00 cash bond to insure cleaning up and policing the premises.
- A license fee for Circus shall be $100.00 per day if adult admission of $1.00 or less is charged and it shall be $275.00 per day if adult admission exceeds $1.00 per person; in addition a $200.00 cash bond shall be deposited to insure cleaning up and policing the premises. (Amended by Ord. #40 -79, Nov. 20, 1979)
8-8 Dance Hall
- For the purpose of this subsection a public dance hall is any room, place or space, open to public patronage in which a public dance is held and for which a charge is made. However, these provisions shall not apply to church or charitable organizations where the returns or proceeds are used entirely for religious or charitable purposes.
- The license fee for a public dance hall shall be $100.00 per year.
8-9 Entertainment Devices
- (a) Amusement Devices. For the purpose of this Title an amusement device is any machine, device, or contrivance (other than a marble machine, pinball machine, billiard table, pool table or bowling alley, hereinafter defined) designed or intended to be operated or used for amusement or the playing of a game upon or in response to payment of some charge, or the insertion therein of a coin, slug or check. No device or contrivance which is used for gambling or designed primarily therefor shall be lawful, and no license for such device shall be issued.
- The license fee for each amusement device shall be $25.00 per year, payable by the owner of said device. This license fee shall be in addition to the regular license fee for the business establishment.
- (b) Marble Machine or Pinball Machine. For the purpose of this Title, a marble machine or pinball machine is a machine commonly known as a marble machine or pinball machine, but not prohibited or declared unlawful by the laws of the State of Utah or this Title and designed or intended to be operated or used for amusement only, and the playing of any such machine is conditioned upon or in response to the payment of some charge.
- The license fee for a marble machine or pinball machine shall be $30.00 each per year, or any part thereof Payable by the owner thereof.
- (c) Billiard Hall. For the purposes of this Title, a billiard hall is any building or place containing one or more billiard tables, pool tables or similar tables open to the public on which the game of billiards or pool are played and for which a charge is made.
- The license fee for a billiard hall shall be $30.00 for the first table, and $25.00 for each additional table per year, but in no event shall the license fee exceed the sum of $200.00 per year for any one place of business.
8-10 Gasoline Dealer - Retail Service Station or Wholesale Service Station
- (a) For the purpose of this Title a retail Service Station is hereby defined to include any place where lubricants or fuel oils or motor fuels in total quantity of ten gallons or more are carried or made available for sale or are sold exclusively at retail prices to the general public; a wholesale gasoline dealer shall be defined as any person carrying on the business of buying and selling, at wholesale, oils, gasoline and naphtha or other motor fuels or lubricants in total quantities of ten gallons or more and who does not offer the same for sale to the general public.
- (b) The license fee for such business shall be $50.00 per year or any part thereof which shall cover up to and including eight (8) gasoline nozzles and the additional sum of $10.00 per year or any part thereof for each additional gasoline nozzle over the number of eight (8).
8-11 Hotel - Motel
- For the purpose of this subsection a hotel or motel is defined as any building, structure or place where rooms are rented for lodging or sleeping purposes by the day, night or week or month, where such rental does not include board and which place is sufficient to accommodate six or more persons. Every person or the agent or employee of such person operating or conducting any hotel or motel as defined in this subsection shall be deemed to be a hotel or motel keeper.
- The license fee to operate a hotel or motel shall be $75.00 per year, plus $5.00 per rental over ten rooms.
8-12 Junk or Salvage Dealer
- For the purposes of this subsection a junk or salvage dealer is hereby defined as a person principally engaged in buying and selling old metal, glass, rags, rubber, paper, or other junk, or war surplus or other salvage items, from a fixed place of business.
- The license fee for a junk or salvage dealer shall be $100.00 per year.
- For the purposes of this subsection a restaurant shall be defined as any place where food or drink is prepared, served of offered for sale or sold for human consumption, on or off the premises.
- The annual license fee for a restaurant shall be $100.00.
8-14 Renderies, Bone Factories, Packing House, Slaughter-houses, Tanneries, Soap Factories, Canneries and Dairies
- It shall be unlawful for any person to conduct, maintain, operate or continue in operation, an establishment for the rendering, heating, cooking or steaming of any animal or vegetable products or substances, or to carry on and operate, maintain or continue in operation any tannery, bone factory, slaughterhouse, soap factory, cannery or dairy without first obtaining a license to do so.
- The license fee to operate or conduct such business shall be $100.00 per year.
- For the purposes of this subsection a theater is any place known as a theater, motion picture theater, concert hall or other place where there may be held a motion picture show, concert, dramatic production, ball, dance lecture, exhibition or show and where and admission fee is charged therefor.
- The license fee for a theater shall be as follows:
- (a) For any theater having a seating capacity of 600 persons or more or accommodating 150 or more passenger automobiles, $100.00 per year, or $10.00 for each performance.
- (b) For any theater having a seating capacity of less than 600 persons or accommodating less than 150 passenger automobiles $75.00 per year, or any part thereof, or $5.00 for each performance.
8-16 Vending Machines
- For the purpose of this Title a vending machine device is any machine, device, or contrivance designed or intended to be operated or used for the distribution or sell of food, cigarettes, merchandise, or other items of value in response to payment of some charge, or the insertion therein of a coin, slug, card, or check.
- The license fee for such business shall be $75.00 for one machine and 50.00 for each additional machine.
8-17 Christmas Tree Lot
- For the purpose of this Title a Christmas Tree Lot is any location that has ten or more harvested trees which are being sold or offered for sale as decorations and used for Christmas celebrations.
- The license fee for such business shall be $25.00 if the sales from the lot are through an established retail sales store and $100.00 if the business is independent from any established and existing retail sales store.
8-18 Fireworks Stands
- For the purposes of this Title a Fireworks stand is a building, structure, lot, or location inside or associated with an established business which sells or has for sell any device which produces a display caused by light, noise, or smoke by the combustion of explosive or flammable compositions.
8-19 Storage Unit
- For the purpose of this Title a Storage Unit is defined as any building, structure, or place where rooms or spaces are rented or leased by the day, week, month, or year for the storage of property.
- The license fee for such business shall be $75.00 plus $1.00 for each room or space which has bee constructed or made available for rent or lease.
8-20 Home Occupation
- The use of a portion of a dwelling as conducted in the home and which is clearly incidental and accessory to the primary use of the dwelling for living purposes and which also meets all of the conditions and requirements of Chapter 34 of the Weber County Zoning Ordinance, the license fee for such business shall be $35.00.
8-21 Fixing of Fees for All Other Occupations Not Specifically Provided For
- No person shall enter into or operate business within Weber County without first obtaining a license. The license for all businesses and occupations not otherwise provided for in this ordinance shall be $75.00.
- Any person, firm or Corporation who shall violate any of the provisions of this ordinance shall be guilty of a Class B misdemeanor, and upon conviction shall be punished as provided by the laws of the State of Utah for Class B misdemeanors.
- Each day that person shall violate or continue to violate this ordinance after notice of such violation by county or its officers or agents, shall be considered to be separate violation, and shall be punished as such.
Sexually Oriented Businesses
- WHEREAS, sexually oriented businesses require special supervision from the public safety agencies of the County in order to protect and preserve the health, safety, morals and welfare of the patrons of such businesses as well as the citizens of the County; and
- WHEREAS, the County Commission finds that sexually oriented businesses are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature; and
- WHEREAS, the concern over sexually transmitted diseases is a legitimate health concern of the County which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizens; and
- WHEREAS, licensing is a legitimate and reasonable means of accountability to ensure that operators of sexually oriented businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation; and
- WHEREAS, there is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values; and
- WHEREAS, it is recognized that sexually oriented businesses, due to their nature, have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent area; and
- WHEREAS, the County Commission desires to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight; and
- WHEREAS, the County Commission has determined that locational criteria alone do not adequately protect the health, safety, and general welfare of the people of this County; and
- WHEREAS, it is not the intent of the County Commission to condone or legitimize the distribution of obscene material, and the Commission recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages state law enforcement officials to enforce state obscenity statutes against any such illegal activities in the County; and
- WHEREAS, the County recognizes its constitutional duty to interpret, construe, and amend its laws and ordinances to comply with constitutional requirements as they are announced; and
- WHEREAS, with the passage of any ordinance, the County Commission accepts as binding the applicability of general principles of criminal and civil law and procedure and the rights and obligations under the United States and Utah Constitutions, Utah Revised Code, and the Utah Rules of Civil and Criminal Procedure; and
- WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the First Amendment of the U.S. Constitution or the Utah State Constitution, but to enact a content neutral ordinance which addresses the secondary effects of sexually oriented businesses.
- NOW, THEREFORE, BE IT ORDAINED by the County Commission of the County of Weber, Utah, as follows:
- The provisions codified in this Chapter shall be known and may be referred to as the SEXUALLY ORIENTED BUSINESS AND EMPLOYEE LICENSING ORDINANCE.
5-10-2 Purpose and Findings
- Purpose. It is the purpose of this ordinance to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the County, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the County. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene material.
- Findings. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the Commission, and on findings incorporated in the cases of Pap's A.M. v. City of Erie, 529 U.S. 277 (2000); City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Young v. American Mini Theaters, 426 U.S. 50 (1976), Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991); and reports of secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Minneapolis, Minnesota - 1980; St. Paul, Minnesota - 1978; Indianapolis, Indiana - 1984; Phoenix, Arizona - 1979; Los Angeles, California - 1977; Amarillo, Texas; Beaumont, Texas; State of Michigan; Detroit, Michigan - 1972; State of Minnesota - 1988; Manatee County, Florida - 1987; New Hanover County, North Carolina - 1989; City of New York - 1993; Garden Grove, California - 1991; Dallas, Texas - 1997; Newport News, Virginia - 1996; the Commission finds:
- Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities. Thus, the County desires to make the owner of these establishments responsible for the activities that occur on their premises.
- Sexual acts, including masturbation, and oral and anal sex, occur at unregulated sexually oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows. See California v. LaRue, 409 U.S. 109, 111 (1972).
- Persons frequent certain adult theatres, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses, or for the purpose of purchasing or selling illicit drugs. See Arcara v. Cloud Books, Inc., 478 U.S. 697, 698 (1986).
- Numerous communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis salmonella, campylobacter and shigella infections, chlamydial, myoplasmal and ureoplasmal infections, trichomoniasis and chancroid.
- In Utah, the cumulative number of reported AIDS cases from the beginning of the epidemic in 1981 through 1996, is 1,385. See AIDS Action Council Report.
- According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts. See, e.g. Findings of U.S. Dept. of Health & Human Services.
- The findings noted in paragraphs number 1 through 6 raise substantial governmental concerns.
- Adverse secondary effects are caused by the presence of even one adult entertainment establishment in a given neighborhood. See City of Erie v. Pap's A.M. TDBA "Kandyland," 120 S.Ct. 1382, 1396 (2000).
- Nude dancing in adult establishments encourages prostitution, increases sexual assaults, and attracts other criminal activity. See, e.g., Barnes v. Glen Theatre, 501 U.S. 560, 583 (1991).
- Nude dancing in adult establishments increases the likelihood of drug-dealing and drug use. See, e.g., Kev, Inc. v. Kitsap County, 793 F.2d 1053, 1056 (9th Cir. 1986).
- Sexually oriented businesses have operational characteristics that should be reasonably regulated in order to protect those substantial governmental concerns.
- A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the County. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.
- 13. Requiring licensees of sexually oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.
- The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases and criminal activity.
- It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this ordinance is designed to prevent or who are likely to be witnesses to such activity.
- The fact that an applicant for an adult use has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this ordinance.
- The general welfare, health, morals and safety of the citizens of the County will be promoted by the enactment of this ordinance.
- This Chapter imposes regulatory standards and licence requirements on certain business activities which are characterized as sexually oriented businesses, and certain employees of those businesses characterized as sexually oriented business employees. Except where the context or specific provisions require, this Chapter does not supersede or nullify any other related ordinances, including but not limited to, those codified in this Title.
- For the purpose of this Chapter, the following words shall have the following meaning:
- ADULT BOOKSTORE OR ADULT VIDEO STORE: A commercial establishment which:
- Excludes minors from more than fifteen percent (15%) of the retail floor or shelf space of the premises; or
- As one of its principal purposes, offers for sale or rental for any form of consideration, any one or more of the following: books, magazines periodicals, printed matter, photographs, films, motion pictures, video cassettes, video reproductions, slides or other visual representations; the central theme of which depicts or describes specified sexual activities" or "specified sexual anatomical areas" or instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities." Legitimate medically recognized contraceptives are excepted.
- ADULT BUSINESS: An adult motion picture theater, adult theater, adult book store or adult video store.
- ADULT MOTION PICTURE THEATER: A commercial establishment which:
- Excludes minors from the showing of two (2) consecutive exhibitions (repeated showings of any single presentation shall not be considered a consecutive exhibition); or
- As its principal business, shows, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions which are primarily characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
- ADULT THEATER: A theater, concert hall, auditorium or similar commercial establishment which:
- Holds itself out as such a business; or
- Excludes minors from the showing of two (2) consecutive exhibitions (repeated showings of any single presentation shall not be considered a consecutive exhibition); or
- As its principal business, features persons who appear in live performances in a state semi-nudity or which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
- COUNTY: "County" means for purposes of this Chapter the unincorporated area of Weber County.
- EMPLOY: Hiring an individual to work for pecuniary or any other form of compensation, whether such person is on the payroll of the employer, as an independent contractor, as an agent or any form of employment relationship.
- ESCORT: Any person who, for pecuniary compensation, dates, socializes, visits, consorts with or accompanies or offers to date, consort, socialize, visit or accompany another or others to or about social affairs, entertainment or places of amusement or within any place of public or private resort or any business or commercial establishment or any private quarters. Escort shall not be construed to include persons who provide business or personal services, such as licensed private nurses, aides for the elderly or handicapped, social secretaries or similar service personnel whose relationship with their patron is characterized by a bona fide contractual relationship having a duration of more than twelve (12) hours and who provide a service not principally characterized as dating or socializing. Escort shall also not be construed to include persons providing services such as singing telegrams, birthday greetings or similar activities characterized by appearances in a public place, contracted for by a party other than the person for whom the service is being performed and of a duration not longer than one hour.
- ESCORT SERVICE: An individual or entity who for pecuniary compensation, furnishes or offers to furnish escorts, or provides or offers to introduce patrons to escorts.
- ESCORT SERVICE RUNNER: Any third person, not an escort, who for pecuniary compensation, acts in the capacity of an agent or broker for an escort service, escort or patron by contacting or meeting with escort services, escorts or patrons at any location within the County, whether or not such third person is employed by such escort service, escort patron or by another business, or is an independent contractor or self-employed.
- LICENSED DAY-CARE CENTER: A facility licensed by the State of Utah, whether situated within the County or not, that provides supervision of children, unaccompanied by parent or guardian for periods of less than 24 hours. The term "day care" is inclusive of kindergartens, preschools, nursery schools and all other similar facilities specializing in the education and/or care of children prior to their entrance into the first grade, other than facilities owned and/or operated by the Public School System.
- NUDITY: A state of dress in which the female breast below a point immediately above the top of the areola, or the male or female genitals, the buttocks, the pubic area or the anus are not fully covered by opaque clothing.
- OPERATOR: The manager or other natural person principally in charge of a sexually oriented business.
- OUTCALL SERVICES: Services of a type performed by a sexually oriented business employee outside of the premises of the licensed sexually oriented business, including, but not limited to, escorts, models, dancers and other similar employees.
- PATRON: Any person who contracts with or employs any escort services or escort, or the customer of any business licensed pursuant to this Chapter.
- PECUNIARY COMPENSATION: Any commission, fee, salary, tip, gratuity, hire, profit, reward or any other form of consideration.
- PERSON: Any person, unincorporated association, corporation, partnership or other legal entity.
- PUBLIC PARK: A park, playground, swimming pool, golf course or athletic field which is under the control, operation or management of the state, a state agency, the county, or a municipality.
- SCHOOL: A public or private educational facility including but not limited to child day-care facilities, nursery schools, pre-schools, kindergartens, elementary schools, private schools, intermediate schools, continuation schools, special education schools, junior colleges, colleges and universities. School includes the school grounds but excludes facilities not used primarily as a school.
- SEMI-NUDE: A state of dress in which opaque clothing covers no more than the areola of the female breast; and the male or female genitals, pubic region and anus, which covering of the genitals , pubic area and anus is no narrower than four inches (4") wide in front and five inches (5") wide in the back, and does not taper to less than one inch (1") wide at the narrowest point. Attire that is insufficient to comply with this requirement includes, but is not limited to, G-strings, T-backs, thongs, and any other clothing that does not completely and opaquely cover the anal cleft or cleavage of the male or female buttocks.
- SEMI-NUDE DANCING AGENCY: Any person, agency, firm, corporation, partnership or any entity or individual which furnishes bookings, or otherwise engages or offers to furnish bookings, or otherwise engage the service of a professional dancer licensed pursuant to this Chapter for performance or appearance at a business licensed for adult theaters.
- SEMI-NUDE ENTERTAINMENT BUSINESS: A business, including adult theater, where employees perform or appear in the presence of patrons of the business in a state of semi-nudity. A business shall also be presumed to be a semi-nude entertainment business if the business holds itself out as such a business.
- SEXUALLY ORIENTED BUSINESS: "Semi-nude entertainment businesses", sexually oriented "outcall services", "adult businesses" and "semi-nude dancing agencies", as defined by this Chapter.
- SEXUALLY ORIENTED BUSINESS EMPLOYEES: Those employees who work on the premises of a sexually oriented business in activities related to the sexually oriented portion of the business. This includes all managing employees, dancers, escorts, models and other similar employees, whether or not hired as employees, agents or as independent contractors. Employee shall not include individuals whose work is unrelated to the sexually oriented portion of the business, such as janitors, bookkeepers and similar employees. Sexually oriented business employees shall not include cooks, serving persons and similar employees, except where they may be managers or supervisors of the business. All persons making outcall meetings under this Chapter, including escorts, models, guards, escort runners, drivers, chauffeurs and other similar employees, shall be considered sexually oriented business employees.
- SPECIFIED ANATOMICAL AREAS: The human male or female pubic area or anus with less than a full opaque covering, or the human female breast below a point immediately above the top of the areola, with less than full opaque covering.
- SPECIFIED SEXUAL ACTIVITIES: Acts of:
- Human sexual intercourse
- Sexual copulation between a person and a beast
- Any anal copulation between a human male and another male, human female or beast.
- Manipulating, caressing or fondling by any person of:
- The genitals of a human.
- The pubic area of the human.
- The breast or breasts of a human female.
- Flagellation, torture or sadomasochistic abuse by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed.
10-5 Statutory Provisions
- Obscenity: Notwithstanding anything contained in this Chapter, nothing in this Chapter shall be deemed to permit or allow the showing or display of any matter which is contrary to applicable Federal or State statutes prohibiting obscenity.
- Lewdness: Notwithstanding anything contained in this Chapter, nothing in this Chapter shall be deemed to permit or allow conduct or the showing or display of any matter which is contrary to the provisions of Utah Code Annotated section 76-5-401 et seq.
5-10-6 Location and Name Restrictions
- Zoning: It is unlawful for any sexually oriented business to do business at any location within the unincorporated County not zoned for such business. Sexually oriented businesses licensed as adult businesses or semi-nude entertainment businesses pursuant to this Chapter shall only be allowed in areas zoned for their use pursuant to the Uniform Zoning Ordinances of Weber County.
- Premises Licensed: It is unlawful to conduct business under a licence issued pursuant to this Chapter at any location other than the licensed premises. Any location to which telephone calls are automatically forwarded by such business shall require a separate license.
- Name: It is unlawful for any sexually oriented business to do business in the County under any name other than the business name specified in the application. ? (D) Proximity To Specified Places: It is unlawful for any business licensed for semi-nude entertainment to be located within three hundred thirty feet (330') of a business licensed for the sale or consumption of alcohol; provided, such restriction is not intended to prohibit a sexually oriented business from obtaining a license for the sale and consumption of alcoholic beverages for its premises, under the provisions of Title 3 of the Weber County Ordinances. It is also unlawful for any sexually oriented business to be located within one thousand feet (1,000') of any:
- Church, temple, or building which is used primarily for religious worship and related religious activities;
- School as defined in this Chapter;
- Public park as defined in this Chapter;
- Residential zone as described in the Uniform Zoning ordinances of Weber County; or
- Another sexually oriented business.
- Method of Measurement:
- For the purpose of this ordinance, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of any "specified place."
10-7 Legitimate and Artistic Modeling
- Intent: The County does not intend to unreasonably or improperly prohibit legitimate modeling which may occur in a state of nudity for purposes protected by the First Amendment or similar State protections. The County intends to prohibit prostitution and related offenses occurring under the guise of nude modeling. Notwithstanding the provisions of Section 5-10-19 of this Chapter, a licensed outcall employee may appear in a state of nudity for legitimate and artistic modeling before a customer or patron, providing that a written contract for such appearance was entered into between the customer or patron and the employee and signed at least twenty four (24) hours before the nude appearance. All of the other applicable provisions of this Chapter shall apply to such nude appearances.
- Unlicensed Appearance: Unlawful Acts; In the event of a contract for nude modeling or appearance signed more than forty eight (48) hours in advance of the modeling or appearance, the individual to appear nude shall not be required to obtain a license pursuant to this chapter. During such unlicensed nude appearance, it is unlawful to:
- Appear nude or semi-nude in the presence of persons under the age of eighteen (18);
- Allow, offer or agree to any touching of the contracting party or other person by the individual appearing nude;
- Allow, offer or agree to commit prostitution, solicitation of prostitution, solicitation of a minor or committing activities harmful to a minor;
- Allow, offer, commit or agree to any sex act as validly defined by County ordinances or State statute;
- Allow, offer, agree or permit the contracting party or other person to masturbate in the presence of the individual contracted to appear nude;
- Allow, offer or agree for the individual appearing nude to be within five feet (5') of any other person while performing or while nude or semi-nude.
10-8 Categories of Licenses: Number Limited
- Number: It is unlawful for any business premises to operate or be licensed for more than one category of sexually oriented business, except that a business may have a license for both outcall service and semi-nude dancing agency on the same premises.
- Categories: The categories of sexually oriented businesses are:
- Outcall services;
- Adult businesses;
- Semi-nude entertainment businesses;
- Semi-nude dancing agency.
10-9 Licenses Required
- Businesses; Exemptions;
- It is unlawful for any person to operate a sexually oriented business, as specified herein, without first obtaining a general business license and a sexually oriented business license from the County Business License Director. The sexually oriented business license shall specify the type of business for which it is obtained.
- The provisions of this Chapter shall not apply to any sex therapist or similar individual licensed by the State to provide bona fide sexual therapy or counseling, licensed medical practitioner, licensed nurse, psychiatrist, psychologist, nor shall it apply to any educator licensed by the State for activities in the classroom.
- Employees: It is unlawful for any sexually oriented business to employ or for any individual to be employed by a sexually oriented business in the capacity of a sexually oriented business employee, unless that employee first obtains a sexually oriented business employee license from the County Business License Director. The license for sexually oriented business employees shall contain the license number; the name of the licensee; the stage names of performers; a physical description; a photograph of the employee; the name of the agent or agency, if applicable; and the expiration date of the license.
10-10 Application: Disclusures
- Applications will be processed according to the procedures in the Business Licensing section of the Weber County Ordinances. Each application must be approved by the Board of County Commissioners. Before any applicant may be licensed to operate a sexually oriented business or as a sexually oriented business employee pursuant to this Chapter, the applicant shall submit on a form to be supplied by the County Business License Director, the following:
- Name: The correct legal name of each applicant, corporation, partnership, limited partner ship or entity doing business under an assumed name.
- Corporation, Partnerships, Assumed Names:
- If the applicant is a corporation, partnership or limited partnership, or individual or entity doing business under an assumed name, the information required below for individual applicants shall be submitted for each partner and each principal of an applicant, and for each officer, director and any shareholder (corporate or personal) of more than ten percent (10%) of the stock of any applicant. Any holding company or any entity holding more than ten percent (10%) of the stock of any applicant, shall be considered an applicant for purposes of disclosure under this Chapter.
- The shareholder disclosure requirements above shall only be applicable for outcall service licenses.
- All corporations, partnerships or non-corporate entities included on the application shall also identify each individual authorized by the corporation, partnership or non-corporate entity to sign the checks for such corporation, partnership or non-corporate entity.
- Personal Information: For all applicants or individuals, the application must also state:
- Any other names or aliases used by the individual;
- The age, date and place of birth;
- Color of hair;
- Color of eyes;
- Present business address and telephone number;
- Present residence and telephone number; and
- Social security number.
- Proof of Age: Acceptable written proof that any individual is at least eighteen (18) years of age.
- Photographs; Fingerprints: Attached to the form, as provided above, two (2) color photographs of the applicant clearly showing the individual's face and the individual's fingerprints on a form provided by the Sheriff's Office. For persons not residing in the County, the photographs and fingerprints may be on a form from the law enforcement jurisdiction where the person resides. Fees for the photographs and fingerprints shall be paid by the applicant directly to the issuing agency.
- Employment History: A statement of the business, occupation or employment history of the applicant for three (3) years immediately preceding the date of the filing of the application.
- License Or Permit History: A statement detailing the license or permit history of the applicant for the five (5) year period immediately preceding the date of the filing of the application, including whether such applicant previously operated or sought to operate a sexually oriented business in this or any other county, city, state or territory, has ever had a license, permit or authorization to do business denied, revoked or suspended, or has ever had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the date, the name of the issuing or denying jurisdiction and state in full the reasons for the denial, revocation or suspension. A copy of any order of denial, revocation or suspension shall be attached to the application.? (H) Criminal Convictions: All criminal convictions or pleas of nolo contendere, except those which have been expunged, and the disposition of all such arrests for the applicant, individual or other entity subject to disclosure under this Chapter, for (5) years prior to the date of the application. This disclosure shall include identification of all ordinance violations, excepting minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), standing the date, place, nature of each conviction or other disposition, identifying the convicting jurisdiction and sentencing court, and providing the court identifying case numbers or docket numbers. Application for a sexually oriented business or employee license shall constitute permission for disclosure of any criminal conviction or plea of nolo contendere for the purposes of any proceeding involving the business or employee license.
- Lease Or Rental Of Property: In the event the applicant is not the owner of record of the real property upon which the business or proposed business is or is to be located, the application must be accompanied by a notarized statement from the legal or equitable owner of the possessory interest in the property specifically acknowledging the type of business for which the applicant seeks a license for the property. In addition to furnishing such notarized statement, the applicant shall furnish the name, address and phone number of the owner of record of the property, as well as the copy of the lease or rental agreement pertaining in which the service is or will be located.
- Description of Services: A description of the services to be provided by the business, with sufficient detail to allow reviewing authorities to determine what business will be transacted on the premises, together with a schedule of usual fees for services to be charged by the licensee and any rules, regulations or employment guidelines under or by which the business intends to operate. This description shall also include:
- The hours that the business or service will be open to the public and the methods of promoting the health and safety of the employees and patrons and preventing them from engaging in illegal activity.
- The methods of supervision preventing the employees from engaging in acts of prostitution or other related criminal activities.
- The methods of supervising employees and patrons to prevent employees and patrons from charging or receiving fees for services or acts prohibited by this Chapter or other statutes or ordinances.
- The methods of screening employees and customers in order to promote the health and safety of employees and customers and prevent the transmission of disease, and prevent the commission of acts or prostitution or other criminal activity.
- False or Misleading Information: It is unlawful to knowingly submit false or materially misleading information on or with a sexually oriented business license application or to fail to disclose or omit information for the purpose of obtaining a sexually oriented business or employee license.
- Each applicant for a sexually oriented business or employee license shall be required to pay regulatory license fees as provided in the Weber County Ordinances. The fees will be used for the administration and enforcement of the ordinance and will be reviewed periodically. An application is not complete until all appropriate fees have been paid.
- Each applicant for a sexually oriented business or employee license shall be required to pay regulatory license fees pursuant to the following schedule:
- Yearly business regulatory license fees:
- Adult businesses $250.00
- Outcall businesses $300.00
- Semi-Nude dancing agencies $100.00
- Semi-Nude entertainment businesses $300.00
- For each business applicant, an initial investigation fee of twenty dollars ($20.00) for each applicant required to submit a separate disclosure application;
- Yearly sexually oriented business employee license fees:
- Any employee providing outcall business services away from the premises of the outcall business $150.00
- Adult business employees, outcall business employees requiring a license but not performing any services outside the licenced premises, semi-nude entertainment business employees requiring a license but not individually providing semi-nude entertainment services to patrons and employees of semi-nude dancing agencies requiring licenses but who are not performers $50.00
- Employees of semi-nude entertainment businesses personally providing semi-nude entertainment to patrons $150.00
- Yearly business regulatory license fees:
- Any individual applying for more than one license at the same time shall pay the higher of all applicable fees and an additional twenty dollars for each additional license requested.
- These fees shall be in addition to the other licenses and fees required to do business in the County.
10-12 Issuance Conditions
- Specified: The County Business License Director shall approve the issuance of a license to the applicant within thirty (30) days after receipt of a completed application, unless the official finds one or more of the following:
- The applicant is under eighteen (18) years of age.
- The applicant is overdue in payment to the County of taxes, fees, fines, or penalties assessed against the applicant or imposed on the applicant in relation to a sexually oriented business.
- The applicant has falsely answered a material question or request for information as authorized by this Chapter.
- The applicant has violated a provision of this Chapter or similar provisions found in statutes or ordinances from any jurisdiction within two (2) years immediately preceding the application; a criminal conviction for a violation of a provision of this Chapter or similar provisions from any jurisdiction, whether or not it is being appealed, is conclusive evidence of a violation, but a conviction is not necessary to prove a violation.
- The premises to be used for the business has been disapproved by the Weber County Health, the Fire Department, the Sheriff's Office, the building officials or zoning officials as not being in compliance with applicable laws and ordinances of the County. If any of the foregoing reviewing agencies cannot complete their review within the thirty (30) day approval or denial period, the agency or department may obtain from the County Business License Director an extension of time of no more than thirty (30) days for their review.
- The required license fees have not been paid.
- All applicable sales and use taxes have not been paid.
- An applicant for the proposed business is in violation of or not in compliance with this Chapter or has been found to be in violation of similar provisions in statutes or ordinances from any jurisdiction.
- An applicant has been convicted or pled guilty or nolo contendere to a crime involving: prostitution; exploitation of prostitution; aggravated promotion of prostitution; aggravated exploitation of prostitution; solicitation of sex acts; sex acts for hire; compelling prostitution; aiding prostitution; sale, distribution or display of material harmful to minors; sexual performance by minors, possession of child pornography, lewdness, indecent exposure, any crime involving sexual abuse or exposure, any crime involving sexual abuse or exploitation of a child, sexual assault or aggravated sexual assault, rape, forcible sodomy, forcible sexual abuse, incest, harboring a runaway child, criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses, or offenses involving similar elements from any jurisdiction, regardless of the exact title of the offense for which:
- Less than two (2) years have elapsed from the date of conviction, if the conviction is of a misdemeanor offense or less than five (5) years if the convictions are of two (2) or more misdemeanors within five (5) years; or
- Less than five (5) years have elapsed from the date of conviction, if the offense is a felony.
- The fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this subsection.
- Approval Time; Review: The total time for the County to approve or deny a license shall not exceed sixty (60) days from the receipt of a completed application and payment of all fees.
- Upon receipt of an application, all departments required to review the application shall determine within ten (10) working days whether or not the application is incomplete in items needed for processing. Incomplete applications shall immediately be returned to the applicant with a specification of the items which are incomplete.
- The time for processing applications specified in this Section shall begin to run from the receipt of a complete application.
- In the event that a license for semi-nude entertainment, semi-nude dancing agencies, adult businesses or semi-nude entertainment businesses has not been disapproved within thirty (30) days or the sixty (60) days allowed after an extension, the County shall issue the license pending completion of the County's review.
- Any license pursuant to subsection B3 of this Section may be revoked by the County pursuant to the revocation procedures provided for herein, if the completed review determines that the license should have been denied.
10-13 Terms of License
- Sexually oriented business and employee licenses issued pursuant to this Chapter shall be valid from the date of issuance through the following December thirty-first. The license fees shall not be prorated for any portion of a year, but shall be paid in full for whatever portion of the year the license is applied for.
10-14 Notice of Change of Information
- Any change in the information required to be submitted under this Chapter for either a sexually oriented business license or sexually oriented business employee license shall be given, in writing, to the County Business License Director and the Sheriff's Office within fourteen (14) days after such change.
10-15 Transfer Limitations
- Sexually oriented business licenses granted under this Chapter shall not be transferrable. It is unlawful for a license held by an individual to be transferred. It is unlawful for a license held by a corporation, partnership or other noncorporate entity to transfer any part in excess of ten percent (10%) thereof, without filing a new application and obtaining prior County approval. If any transfer of the controlling interest in a business licensee occurs, the license is immediately null and void and the business shall not operate until a separate new license has been properly issued by the County as provided in this Chapter.
10-16 Display of License
- It is unlawful for any sexually oriented business location within the unincorporated boundaries of the County to fail to display the license granted pursuant to this Chapter in a prominent location within the business premises. It is unlawful for any individual licensed pursuant to this Chapter to fail to carry, at all times while engaged in licensed activities within the unincorporated boundaries of the County, their employee license on their person. If the individual is semi-nude, such license shall be visibly displayed within the same room the employee is performing. When requested by the Sheriff's Office, County Licensing or other enforcement personnel or health official, it is unlawful to fail to show the appropriate licenses while engaged in licensed activities within the unincorporated boundaries of the County.
10-17 Statement in Advertising
- It is unlawful for any advertisement by the sexually oriented business or employee to fail to state that the business or employee is licensed by the County, and shall include the County license number.
5-10-18 Regulations and Unlawful Activities
- It is unlawful for any sexually oriented business or sexually oriented business employee to:
- Persons Under Eighteen:
- Allow persons under the age of eighteen (18) years on the licensed premises, except that in adult businesses which exclude minors from less than all of the business premises, minors shall not be permitted in excluded areas.
- Allow, offer, or agree to conduct any outcall business with persons under the age of eighteen (18) years.
- Alcoholic Beverages: To allow, offer or agree to allow any alcohol to be stored, used or consumed on or in the licensed premises unless a license has been issued for the premises pursuant to Title 3 of the Weber County Ordinances.
- Locking Outside Door: Allow the outside door to the premises to be locked while any customer is in the premises.
- Gambling: Allow, offer or agree to gambling on the licenced premises.
- Touching: Allow, offer or agree to any sexually oriented business employee touching or being touched by any patron or customer; except that outcall employees and customers may touch, except that any touching of specified anatomical areas, whether clothed or unclothed, is prohibited.
- Controlled Substances:
- Allow, offer or agree to illegal possession, use, sale, or distribution of controlled substances on the licensed premises.
- Allow sexually oriented business employees to possess, use, sell or distribute controlled substances while engaged in the activities of the business.
- Prostitution: Allow, offer or agree to commit prostitution, solicitation of prostitution, solicitation of a minor or permitting activities harmful to a minor to occur on the licensed premises or, in the event of an outcall employee committing, offering or agreeing to commit prostitution, attempting to commit prostitution, soliciting prostitution, soliciting a minor or committing activities harmful to a minor.
- Specified Sexual Activities: Allow, offer, commit or agree to any "specified sexual activity" as validly defined by County Ordinances or State Statute in the presence of any customer or patron.
- Nudity: Allow, offer or agree to any outcall employee appearing before any customer in a state of nudity except as otherwise permitted under subsection 7 of this Chapter.
- Masturbation: Allow, offer or agree to allow a patron or customer to masturbate in the presence of the sexually oriented business employee or on the premises of a sexually oriented business.
5-10-19 Outcall Services; Operation Requirements
- It is unlawful for any business or employee providing outcall services contracted for in the County to fail to comply with the following requirements:
- Contract: All businesses licensed to provide outcall services pursuant to this Chapter shall provide to each patron a written contract in receipt of pecuniary compensation for services. The contract shall clearly state the type of services to be performed, the length of time such services shall last, the cost to the patron and any special terms or conditions relating to the services performed. The contract need not include the name of the patron. The business licensee shall keep and maintain a copy of each written contract pursuant to this Section for a period not less than one year from the date of provision of services thereunder. The contracts shall be numbered and entered into a register listing the contract number, date, names of all employees involved in the contract and pecuniary compensation paid.
- Office; Phone: All outcall businesses licensed pursuant to this Chapter shall maintain an open office or telephone at which the licensee or licensee's designated agent may be personally contacted during all hours outcall employees are working. The address and phone number of the license location shall appear and be included in all patron contracts and published advertisements. For outcall businesses which premises are licensed within the corporate limits of the County, private rooms or booths where the patrons may meet with the outcall employee shall not be provided at the open office or any other location by the service, nor shall patrons meet outcall employees at the business premises.
- Advertising: Outcall services shall not advertise in such manner that would lead a reasonably prudent person to conclude that specified sexual activities would be performed by the outcall employee.
- Licensing Regardless of Business Location: All employees of outcall services who provide outcall services within the County shall be licensed in accordance with this Chapter, regardless of the primary location of the business.
5-10-20 Design of Premises
- Adult Business:
- In addition to the general requirements of disclosure for a sexually oriented business, any applicant for a license as an adult business shall also submit a diagram, drawn to scale, of the premises to be licensed. The design and construction, prior to granting a license or opening for business, shall conform to the following:
- The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms.
- Restrooms may not contain any video reproduction equipment or any of the business merchandise. Signs shall be posted requiring only one person be allowed in the restroom and only one person in any stall at a time, and requiring that patrons shall not be allowed access to manager's station areas.
- For businesses which exclude minors from the entire premises, all windows, doors and other apertures to the premises shall be darkened or otherwise constructed to prevent anyone outside the premises from seeing the inside of the premises. Businesses which exclude minors from less than all of the premises shall be designed and constructed so that minors may not see into the area from which they are excluded.
- The diagram required does not necessarily need to be a professional engineer's or architect's blueprint; however, the diagram must show marked internal dimensions, all overhead lighting fixtures and ratings for illumination capacity.
- It shall be the duty of the licensee and the licensee's employees to ensure that the views from the manger's station in subsection A1a of this Section remain unobstructed by any doors, walls, merchandise, display or racks or any other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which as been designated as an area in which patrons will not be permitted.
- The premises shall at all times be equipped and operated with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one foot-candle, measured at the floor level. It shall be the duty of the licensee and the licensee's employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises.
- In addition to the general requirements of disclosure for a sexually oriented business, any applicant for a license as an adult business shall also submit a diagram, drawn to scale, of the premises to be licensed. The design and construction, prior to granting a license or opening for business, shall conform to the following:
- Semi-Nude Entertainment Business:
- It is unlawful for business premises licensed for semi-nude entertainment to:
- Permit a bed, sofa, mattress, or similar item in any room on the premises, except that a sofa may be placed in a reception room open to the public or in any office to which patrons are not admitted, and except that in an adult theater, such items may be on the stage as part of a performance.
- Allow any door on any room used for business, except for the door to an office to which patrons shall not be admitted, outside doors and restroom doors to be lockable from the inside.
- Provide any room in which the employee or employees and the patron are alone together without a separation by a solid physical barrier at least three feet high and six inches wide (3' x 6"). The patron or patrons shall remain on one side of the barrier and the employee or employees shall remain on the other side of the barrier.
- Adult theaters shall also require that the performance area shall be separated from the patrons by a minimum of three feet (3'), which separation shall be delineated by a physical barrier at least three (3') feet high.
- It is unlawful for business premises licensed for semi-nude entertainment to:
- Notwithstanding anything contrary contained in the Uniform Zoning Ordinances of Weber County, the more restrictive requirements for signs shall prevail. Signs for sexually oriented businesses shall be limited as follows:
- No more than one exterior sign shall be allowed;
- No sign shall be allowed to exceed eighteen square feet;
- No animation shall be permitted on or around any sign, or on the exterior walls or roof of such premises;
- No descriptive art or designs depicting any activity related to, or inferring, the nature of the business shall be allowed on any sign. Said signs shall contain alphanumeric copy only;
- Only flat signs shall be permitted;
- Painted wall advertising shall not be allowed;
- Other than the signs specifically allowed by this Chapter, the sexually oriented business shall not construct or allow to be constructed any temporary sign, banner, light or other device designed to draw attention to the business location.
- It is unlawful for any business licensed pursuant to this Chapter to allow the sale, storage, supply or consumption of alcoholic beverages on the premises unless a license has been issued for the premises pursuant to Title 3 of the Weber County Ordinances.
- It is unlawful for any person to possess or consume any alcoholic beverage on the premises of any sexually oriented business unless the premises has been issued a license pursuant to Title 3 of the Weber County Ordinances.
10-23 Prohibited Activities
- Semi-Nude Agencies:
- It is unlawful for any individual or entity to furnish, book or otherwise engage the services of a professional dancer, model or performer to appear in a state of semi-nudity for pecuniary compensation in or for any semi-nude entertainment business or adult theater unless such agency is licensed pursuant to this Chapter.
- It is unlawful for any individual or entity to furnish, book or otherwise engage or permit any person to perform as a professional dancer, model or performer in a state of semi-nudity, either gratuitously or for compensation, in or for any business licensed pursuant to this Chapter unless such person is licensed pursuant to this Chapter.
- Performers: It is unlawful for any professional dancer, model or performer, while performing in any business licensed pursuant to this Chapter, to:
- Touch in any manner any other person;
- Throw any object or clothing off the stage area;
- Accept any money, drink or any other object directly from any person;
- Allow another person to touch such performer or to place any money or object on the performer or within the costume or person or the performer;
- Place anything within the costume or adjust or move the costume while performing so as to render the performer in a state of nudity or to expose any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola.
- Patrons: It is unlawful for any person or any patron of any business to touch in any manner any performer; to place any money or object on or within the costume or person of any performer; or to give or offer to give to any such performer any drinks, money or object while such performer is performing; except that money may be placed on the stage, which shall not be picked up by the performer except by hand.
10-24 Defenses to Prosecution
- It is a defense to prosecution or violation under this Chapter that a person appearing in a state of nudity did so in a modeling class operated:
- By a proprietary school licensed by the State or a college, junior college or university supported entirely or partly by taxation;
- By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation.
10-25 Hours of Operation
- No sexually oriented business may remain open at any time between the hours of eleven o'clock (11:00) P.M. and eleven o'clock (11:00) A.M. on weekdays and Saturdays. No sexually oriented business shall open for business or remain open for business on Sunday or any legal holiday recognized by the State of Utah.
10-26 Inspection of Premises
- The County shall regularly inspect the premises of the sexually oriented business in order to ensure compliance with the provisions of this ordinance. An applicant or licensee shall permit representatives of the Sheriff's Office, Health Department and/or the Business License Department to inspect the premises at any time the establishment is open for business. Such inspection shall be limited to visual assessment of the activities conducted in areas to which patrons have access or are allowed access; to requests for inspection of the licenses required under this ordinance; and to requests for identification of those individuals who reasonably appear to be under the age of 18.
10-27 Suspension of Revocation of License
- Procedure: The denial, suspension or revocation of any license issued pursuant to this Chapter shall be done in accordance with the procedures in the Weber County Business Licensing Ordinance, which sets forth the applicant's right to present evidence why the license should not be denied, suspended or revoked.
- Conditions Specified: The County may issue a notice suspending or revoking a sexually oriented business license or employee license granted under this Chapter if a licensee or an employee of the licensee has:
- Violated or is not in compliance with the provisions of this Chapter;
- Refused to allow any inspection of the premises of the sexually oriented business specifically authorized by this Chapter or by any other statute or ordinance;
- Given materially false or misleading information in obtaining the license;
- Knowingly operated the sexually oriented business or worked under the employee license during the period when the business license or employee license was suspended;
- Committed an offense which would be grounds for denial of a license for which the time period required has not elapsed;
- On two (2) or more occasions within a twelve (12) month period, a person committed in or on, or solicited for on the licensed premises, or an outcall employee solicited or committed on or off the premises, an offense which would be grounds for denial of a license for which a conviction has been obtained, and the person was an employee, whether or not licensed, of the sexually oriented business at the time the offenses were committed;
- Delinquent in payment to the County for ad valorem taxes or sales taxes related to the sexually oriented business.
- Effective Date: Suspension or revocation shall take effect within fifteen (15) days of the issuance of notice, unless an appeal is filed as provided by the Business Licensing chapter.
- Appeal No Effect on Revocation: The fact that a conviction is being appealed shall have no effect on the revocation of the license.
- Length of Revocation: When a license issued pursuant to this Chapter is revoked, the revocation shall continue for six months from its effective date and the license shall not be reissued to the sexually oriented business or employee for six months from the date of such revocation.
10-28 Violation; Penalty
- Suit for Injunction: An entity or individual who operated or caused a sexually oriented business to be operated without a license, or who employs or is employed as an employee of a sexually oriented business, or who operates such a business or functions as such an employee in violation of the provisions of this Chapter is subject to suit for injunction in addition to the civil and criminal violations provided in the Weber County Ordinances and any other remedy available at law or in equity.
- In the event that any provision of this chapter is declared invalid for any reason, the remaining provisions shall remain in effect.
- Passed, adopted and a synopsis ordered published by the County Commission of Weber County, Utah this 18th day of December, 2001.