Business and License Regulations
CHAPTER 1: BUSINESS LICENSING
SECTION:
3-1-1: License Required
3-1-2: Application For License
3-1-3: Previously Issued Licenses
3-1-4: Fee For License
3-1-5: Transient Business Licenses
3-1-6: Short Term Rental Business Licenses
3-1-7: Alcohol Retail Licenses
3-1-8: Approval Authority
3-1-9: Exceptions
3-1-10: Penalty
3-1-1: LICENSE REQUIRED:
It shall be unlawful for anyone or any entity to operate a business within the Town without applying for and paying the fee associated with such business. Additionally, if the business-type is not listed as permitted or conditional use as detailed in Chapter 9-4-1 and Appendix A, then it is prohibited.
3-1-2: APPLICATION FOR LICENSE:
Application for a business license shall be on forms approved by the Mayor and Town Council and shall sufficiently describe the intended business operations.
3-1-3: PREVIOUSLY ISSUED LICENSES:
It shall be unlawful to operate any business activities under a business license previously issued by the Town where such activities are beyond the defined and described business activities authorized under such business license.
3-1-4: FEE FOR LICENSE:
Specified: All businesses, whether operated in established or traditional business facilities, or in home, shall pay an annual fee as established by resolution of the Town Council, other than businesses where a beer and or liquor license has been authorized, in which case the annual business license fee shall be an additional fee as established by resolution of the Town Council.
Due: Business license fees shall be due on or before January 1 of each year.
Failure To Pay: Failure to pay an annual renewal fee on or before March 1 shall result in the termination of such license without further notice and any business operations thereafter shall be in violation of this section. If paid after March 1, a late fee penalty of fifty percent (50%) of the amount of the fee shall be added to the original amount due. If paid after April 1 the fee shall be doubled.
Revocation of License: Any license under this ordinance may, after notice of thirty (30) days by the Town of Hanksville Town Council, be revoked. A hearing may be called herein by the business which said license is revoked, this hearing shall require the violation and reason for said revocation to be presented etc. If at any time a license under this provision of this title is denied or revoked, it shall be thereafter unlawful for any person to engage in or carry on, or operate or use a permit with respect to which a license has been revoked, until license is granted by the Town Council.
3-1-5: TRANSIENT BUSINESS LICENSES:
Overnight Camping: Any overnight camping by a transient business license holder, whether inside or out of a tent, trailer or other recreational vehicle, must be conducted in approved campgrounds or recreational vehicle parks, unless prior authorization from Town Council.
Written Authorization: No transient business license shall be issued without written authorization from the record owner of the property upon which business transactions shall occur. Such authorization shall specify the dates of authorized use. Such authorization shall be limited to the current calendar year and separate authorization shall be required for periods of use thereafter.
Setbacks Applicable: Sales and operations pursuant to a transient business license shall be subject to applicable setback requirements and no displays, vehicles, equipment or other personal property shall be allowed within any required setback.
3-1-6: SHORT TERM RENTAL BUSINESS LICENSE:
Short-Term Rental Business License: The owner of a short-term rental property must possess a current Hanksville short-term rental business license. The license must be renewed annually if the owner intends to use the property as a short-term rental.
Limitations: There shall be imposed limitations on short-term rentals as follows:
The owner of any property found to be operating a short-term rental without a Hanksville short-term rental business license after the effective date of this chapter, shall be ordered to cease such activity on the property. Any property that is being operated in violation of these regulations shall be ineligible for a short-term rental business license for a period of two (2) years from the discovery of the violation as well as the penalties shown in section 3-4-8 of this chapter.
There shall be no cap for short-term rentals.
The feasibility of enforcing a cap shall be reviewed by the Planning and Zoning Commission once every 12 months.
Local Contact:
All short-term rental business licenses shall include a local responsible contact person capable of physically responding to issues that may arise at the short-term rental property within thirty (30) minutes of the initial attempt to contact the short-term rental property owner. The local contact must have physical access to the short-term rental property and shall be authorized to make decisions regarding the short-term rental property on behalf of the owner.
The local contact information shall be provided to the owners of all adjacent properties and the licensing official. Notification of any change must be provided within five (5) business days of the change.
No Transfer: A short-term rental business license attaches only to the property for which it is issued and is non-transferable upon sale or other transfer of ownership of the property. Upon such transfer of ownership, the new owner of the property may apply for a short-term rental business license if it wishes to continue the use of the property as a short-term rental. Such application is not a guarantee a license will be granted.
Application:
Application, whether initial or for any renewal, for a short-term rental business license, shall be made on a form provided by the Town. At the least, the application shall include the vested title property owner's name and address; address of the short-term rental; maximum occupancy of the rental; owner representative and contact information; parking plan for guests; acknowledgement of payment of all taxes and the non refundable required license fee; and applicable local, State and Federal tax ID numbers. A grace period of ninety (90) days will be allowed for property owners to remediate any shortcomings from inspection. A property owner may request from the Town Council one (1) 1-month extension if said owner is able to demonstrate a good faith effort has been made to remediate.
The vested title property owner shall be the licensee for the short-term rental.
The non-owner occupied short-term rental business license may be issued to vested title property owners. This is a one-year license. This license carries an annual fee as determined by the Town Council via resolution.
If a short-term rental business license is granted during the license year, the license fee is fully due and payable.
3-1-7: ALCOHOL RETAIL LICENSES:
The Town Council believes it is in the best interests of the citizens of the Town that “Class A” beer licenses, “Class B” beer licenses and “Class C” beer and liquor licenses be issued to both limited and full-service restaurants in accordance with the law. All words and phrases used in this part shall have the meanings specified in the Utah Liquor Control Act unless a different meaning is clearly evident
It shall be unlawful for any person to engage in the business of the sale of beer or liquor at retail, in bottles or draft, within the corporate limits of the Town, without first having procured a license therefore from theTown as hereinafter provided. A separate license shall be required for each place of sale, and the license shall at all times be conspicuously displayed in the place to which it shall refer or for which it shall be issued. All licenses shall comply with the Alcoholic Beverage Control Act of Utah, and the regulations of the Alcoholic Beverage Control Commission.
Retail Licenses:
“Class A” retail licenses issued hereunder shall entitle the licensee to sell beer on the premises licensed in original containers or consumption off the premises in accordance with the Utah Liquor control Act and ordinances of Hanksville.
“Class B” retail licenses shall entitle the licensee to sell beer on the premises for consumption on the premises in conjunction with the sale of food in accordance with the Utah Liquor Control Act and the ordinance of Hanksville.
Beer Only Restaurants may sell beer (defined as 4.0 alcohol by weight or 5% by volume).
Limited Service Restaurants may sell wine, heavy beer and beer.
“Class C” licenses for retail shall entitle the licensee to sell draft beer for consumption on the premises and sell beer in accordance with the Utah Liquor Control Act and the ordinances of Hanksville.
Full Service Restaurants may sell all alcohol beverage types including liquor, wine flavored malt beverages, heavy beer and beer.
License Fees to Accompany Application: Applications provided for in this part shall be accompanied by the fees provided in this part. The fee shall be returned to the applicant if the application is denied.
Purchase of Beer for Resale: It is a Class B misdemeanor for any licensee to purchase or acquire or to have or possess for the purpose of sale or distribution any beer except that which he shall have lawfully purchased from a brewer or wholesale licensed under the provision of the Utah Liquor Control Act.
Application For License: All applications for licenses authorized by this part shall be verified and shall be filed with the clerk. The application must state the applicant’s name in full and that he understands and has read and complied with the requirements and possesses the qualifications specified in the Liquor Control Act of Utah and this part. If the application is a co-partnership, the names and addresses of all partners, and if a corporation, the names and addresses of all officers and directors; and must be subscribed by the applicant who must state under oath and by notarized signature that the facts stated herein are true.
Renewals: All applications for renewal licenses filed by the holders of existing licenses shall be filed with the clerk at least 30 days prior to the expiration date of the then issued license. Any person who fails to file such application within the time limit shall close his licensed premises for the sale of beer or alcohol on the expiration date of the then issued license and shall keep the premises closed for any and all business for the sale of beer or alcohol until the date his new license is issued by the Town Council.
Qualifications: No license shall be granted to any retailer to sell beer or alcohol within the Town unless he shall be of good moral character, over the age of twenty-one years, and a citizen of the United States, or to anyone who has been convicted of a felony or of any violation of any law of the State of Utah or provision of the ordinances of Hanksville relating to intoxicating liquors, or of driving under the influence of beer or alcohol, or of keeping a gambling or disorderly house, or who has pleaded guilty to or has forfeited his bail on a charge of having violated any such law or ordinance, or to any partnership, any member of which lacks any qualifications hereinbefore in this paragraph set out, or to any corporation , director or officer of which lacks any of such qualifications.
Department of Health Permit: No license under this part shall be issued until the application therefore shall have first procured from the department of health a permit which shall show that the premises to be licensed are in a sanitary condition and that the equipment used in the storage, distribution or sale of beer complies with all the health regulations of Hanksville and the State of Utah.
Transfer of License: Licenses issued pursuant to this part shall not be transferable, and if revoked by the Town Council, the fee paid by the licensee to the Town for the license shall be forfeited to the Town.
Restrictions:
It is unlawful for any person to sell beer or alcohol at any public dance or to any person intoxicated, or under the influence of any intoxication beverage.
It is unlawful for any person to sell beer in any dance hall or theater, or in the proximity of any church or school.
It shall be unlawful to sell beer or alcohol to any person under the age of twenty-one (21).
It shall be unlawful for any person to sell beer or alcohol except in the manner for which he has been so licensed pursuant to the provision of this part.
It shall be unlawful for a restaurant to serve beer or alcohol outside the hours of:
11:30 am to 11:00 pm Monday - Friday
10:30 am to 11:59 pm Saturday - Sunday, legal holidays or private parties
Revocation or Suspension: The Town Council may, with or without a hearing, at its discretion, when in its opinion it is necessary for the protection of the public health, peace or morals, refuse to grant any license applied for any may suspend or revoke any license at any time and no such case need any cause be stated. No license shall be issued and any license issued shall be revoked, if the applicant or licensee shall not possess or shall cease to possess all of the qualifications required by the Liquor Control Act of Utah or fail to comply with the ordinances of the Town of Hanksville or rules, regulations and orders of the Board of Health relating to health matters. It shall be unlawful for any person to engage in the sale of beer after revocation of his license.
Issuance of License: If the character and business responsibility of the applicant is found to be satisfactory, the clerk shall, upon payment of the prescribed license fee, deliver to the application his permit and issue a license
License Assessor and Collector: The Town Clerk is designated and appointed as ex officio assessor of the license fees for this Town. On receipt of any application for a license, the Town Clerk shall assess the amount due theron and shall collect all license fees based upon the rate established by resolution. He/She shall enforce all provisions of this title, and shall cause written complaints to be filed against all persons violating any of the provisions in this title.
Display: Every certificate of license issued under this title shall be posted by the licensee in a conspicuous place on the wall of the building, room or office of the place of business so that the same may be easily seen. When such certificate of license has expired, it shall be removed by the licensee from such place in which it has been posted, and no certificate of license which is not in force and effect shall be permitted to remain posted upon the wall or any part of any room within the place of business.
3-1-8: APPROVAL AUTHORITY:
All applications for the issuance of a business license shall be referred to and approved by the Mayor and Town Council to ensure compliance with zoning ordinances and any other applicable Hanksville ordinances and shall adhere to all county, state, and federal building and safety requirements.
3-1-9: EXCEPTIONS:
Business licenses shall not be required for the following:
Town Approved: Any activity which is part of a town approved festival, show, or public event.
Vegetables, Fruits: Any temporary sales of vegetables or fruits grown by the vendor.
Garage Sales: Any "garage sales", which means a person selling on his or her premises, property which was not acquired for resale, barter or exchange.
3-1-10: PENALTY:
Any violation of any of the provisions of this chapter shall be a Class B misdemeanor, subject to penalty as provided in section 1-4-1 of this code.
CHAPTER 2: PUBLIC EVENTS
SECTION:
3-2-1: Public Event Defined
3-2-2: Conditional Use Permit
3-2-3: Event License Application
3-2-4: Fee For License; Deposits
3-2-5: Inspection Of Events Location
3-2-6: Denial Of License
3-2-7: Security At Public Events
3-2-8: Prohibited Conduct
3-2-9: Illumination
3-2-10: Hours Of Participants
3-2-11: Penalty
3-2-1: PUBLIC EVENT DEFINED:
A public event, for purposes of this chapter, shall include, but is not necessarily limited to, the following:
Any indoor or outdoor event conducted on Town Property with the number of expected participants and spectators exceeding one hundred fifty (150) people.
3-2-2: CONDITIONAL USE PERMIT:
Required: It is unlawful to sponsor or hold a public event without having a license. Before being issued a business license to hold public events, each applicant shall first apply for and receive a conditional use permit from the Town Council.
Issuance Of Conditional Use Permit: Any conditional use permit granted for the purpose of holding a public event shall be submitted, reviewed and approved by the Town Council.
Exemptions: The provisions of this ordinance do not apply to events organized and sponsored by the Town of Hanksville or nonprofit organizations within the Town of Hanksville.
3-2-3: EVENT LICENSE APPLICATION:
The application for a public event license shall be upon a form furnished by the Town. The application form shall require information relative to the location of the event premises, expected duration of event including days and hours each day, and the applicant's age, citizenship and felony or misdemeanor convictions involving moral turpitude. If the application is a partnership, association or corporation, the same information shall be provided with respect to each partner, member or corporate officer and director. The application need only be signed by an authorized member or officer. Each individual licensee must be over the age of twenty-one (21) years, of good moral character and a citizen of the United States. No license shall be granted to any applicant who has been convicted of a felony or misdemeanor involving moral turpitude. If the applicant is a partnership, association member or corporate, all officers, directors, members and partners shall meet all of the foregoing qualifications as if such applicant were an individual. Applications may be referred to the sheriff's office for a background investigation to determine the qualification of the applicant under the provisions of this section.
3-2-4: FEE FOR LICENSE; DEPOSITS:
License fees and deposits shall be as established by resolution of the Town Council.
3-2-5: INSPECTION OF EVENTS LOCATION:
Before a license is issued, each location for a public event shall be inspected by the fire chief and building inspector for violations of the building and fire codes. Any such violation shall be corrected prior to the issuance of a license. In the case of an event to be held outdoors, the location need only be inspected to determine if it is a reasonably safe location for an event, taking into account available parking, traffic, lighting and proximity to residential areas.
3-2-6: DENIAL OF LICENSE:
Conditions Constituting Denial: The Town Council shall deny the license:
If the applicant does not qualify under subsection 3-2-2B of this chapter;
If, after inspection, there is reasonable cause to believe that the proposed location would be unsafe;
If there is reasonable cause to believe that adequate security measures either could not or would not be taken by the applicant; or
If, based on the proposed location, the anticipated noise level would unreasonably interfere with the peaceful enjoyment of adjoining properties by the tenants or owners.
Appeal: In the event that the Planning and Zoning Commission denies a license pursuant to this section, the applicant may appeal the decision to the Town Council by filing a notice of appeal with the Town Clerk and paying any applicable filing fee within ten (10) days of the denial (verbal or written denial).
3-2-7: SECURITY AT PUBLIC EVENTS:
A licensee may require security personnel at their expense at each public event in order to ensure that there is no violation of this chapter during the conduct of the event. The number of security guards required shall be determined by the Town Council. Factors to be considered shall be the location of the proposed event, the number of people expected at the event, the type of premises where the event will be held and the age group of the expected participants.
3-2-8: PROHIBITED CONDUCT:
It is unlawful for any person to engage in or for a licensee to permit any person to engage in the following conduct during a public event:
To bring, possess, consume or sell beer or other alcoholic beverages of any kind in or upon the Town premises unless all necessary permits or licenses for beer and alcohol are obtained;
To bring, possess, use or consume controlled substances, as the same are defined in the Utah Controlled Substances Act, in or upon the licensed premises, Utah Code Annotated 58-37;
To bring, possess, use or consume tobacco products of any kind in or upon the Town premises;
To be boisterous or disorderly in or upon the licensed premises to the extent such conduct interferes with the peaceful enjoyment of adjacent property by its owners or occupants;
To commit any indecent, gross, violent or vulgar act in or upon the licensed premises;
3-2-9: ILLUMINATION:
All areas shall be kept illuminated so that any occupants thereof may be clearly observed if applicable to event circumstances.
3-2-10: HOURS OF PARTICIPANTS:
Unless otherwise allowed pursuant to the issuance of a conditional use permit, all activities shall commence no earlier than eight o'clock (8:00) A.M. and shall terminate no later than ten o'clock (10:00) P.M. on weeknights, and twelve o'clock (12:00) midnight on weekends and holidays.
3-2-11: PENALTY:
Anyone failing to obtain a required conditional use permit outlined herein may be guilty of a Class C misdemeanor and, upon conviction, subject to penalty as provided in section 1-4-1 of this code. With respect to a corporation or other entity failing to obtain the necessary permit, all officers, directors, members and authorized agents shall be chargeable as individuals. Each day that an event continues without a required permit shall be treated as a separate offense.
Any events subject to this chapter shall be subject to immediate termination with the failure to do so constituting a separate offense.
The Town reserves the right to deny the issuance of future permits hereunder based solely on the failure to obtain a necessary permit in connection with prior events.
CHAPTER 3: SALES AND USE TAX
SECTION:
3-3-1: Purpose
3-3-2: Tax Imposed
3-3-3: Penalty
3-3-4: Severability
3-3-1: PURPOSE:
A. Authorization Of Sales and Use Tax: The 48th session of the Utah legislature has authorized the counties and municipalities of the State to enact sales and use tax ordinances imposing a one percent (1%) tax.
B. Tax Established: It is the purpose of this article to conform the sales and use tax of the Town to the requirements of the sales and use tax act, Utah Code Annotated 59-12.
3-3-2: SALES AND USE TAX IMPOSED:
Imposed:
From and after the effective date hereof, there is levied and there shall be collected and paid a tax upon every retail sale of tangible personal property, services and meals made within the Town at the rate of one percent (1%).
An excise tax is hereby imposed on the storage, use or other consumption in the Town of tangible personal property from any retailer on or after the operative date hereof at the rate of one percent (1%) of the sales price of the property.
For the purposes of this article, all retail sales shall be presumed to have been consummated at the place of business delivered by the retailer or his agent to an out of state destination or to a common carrier for delivery to an out of state destination. In the event a retailer has no permanent place of business, the place or places at which the retail sales are consummated shall be as determined under the rules and regulations prescribed and adopted by the State Tax Commission. Public utilities, as defined by Utah Code Annotated 54, shall not be obligated to determine the place or places within any county or municipality where public utilities are rendered, but the place of sale or the sales tax revenue arising from such service allocable to the Town shall be as determined by the State Tax Commission pursuant to an appropriate formula and other rules and regulations to be prescribed and adopted by it.
Adoption Of State Codes; Provisions:
Except as hereinafter provided, and except insofar as they are inconsistent with the provisions of the sales and use tax act, all of the provisions of Utah Code Annotated 59-12, as amended, insofar as they relate to sales taxes, accepting Utah Code Annotated 59-12-101 thereof, are hereby adopted and made a part of this article as though fully set forth herein.
Wherever, and to the extent that in Utah Code Annotated 59-12, the State of Utah is named or referred to as the taxing agency, the name of Hanksville shall be substituted therefor. Nothing in this subsection B shall be deemed to require substitution of the name of Hanksville for the word "state" when the word is used as part of the title of the State Tax Commission, or of the constitution of the State of Utah, nor shall the name of the Town be substituted for that of the State in any section when the result of that substitution would require action to be taken by or against the State Tax Commission in performing the functions incident to the administration or operation of this article.
If an annual license has been issued to a retailer under Utah Code Annotated 59-12-106, an additional license shall not be required by reason of this section.
There shall be excluded from the purchase price paid or charged by which the tax is measured:
The amount of any sales or use tax imposed by the State upon a retailer or consumer.
The gross receipts from the sale of or the cost of storage, use or other consumption of tangible personal property upon which a sales or use tax has become due by reason of the sales transaction to any other municipality and any county in the State under the sales or use tax ordinance enacted by that county or municipality in accordance with the sales and use tax act.
3-3-3: PENALTY:
Any person violating any of the provisions of this article shall be deemed guilty of a Class C misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code.
3-3-4: SEVERABILITY:
If any section, subsection, sentence, clause, phrase or portion of this ordinance, including but not limited to any exemption is for any reason held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance.