Kanab, Utah Ordinance

LICENSING, CONTROL AND REGULATION OF BUSINESS AND CONSTRUCTION
 
Section 9-100  Provisions Relating to the Licensing Control
 
Section 9-110  Purposes
 
Pursuant to powers granted by the State of Utah, the City of Kanab
intends by this Ordinance to license businesses and occupations within its corporate limits; to maintain a current index of licensed businesses and occupations; and to raise revenues sufficient, among other things, to offset the costs of administering this ordinance by imposing license fees upon such businesses and occupations.
 
Section 9-111  Definitions

For the purposes of this Chapter the following words and phrases shall have the meaning herein prescribed:

A. Business is meant to include all kinds of vocations, occupations, professions, enterprises, establishments, and all other kinds of activities and matters, together with all devices, machines, vehicles and appurtenances used therein, any of which are conducted or private revenue, profit, or benefit, either directly or indirectly, on any premises in this City or anywhere else within its jurisdiction. Any person engaged in the rental of two or more real property units for profit shall be considered to be engaging in business within the meaning of this Chapter.

B. City is the City of Kanab.

C. City License Officer is the City Recorder.

D. Employee is the operator, owner or manager of a place of business; any person or persons employed by an operator, owner or manager in the operation of a place of business in any capacity, whether part-time or full-time; and any sales persons, agents, or independent contractors engaged in the furtherance of a business activity in any capacity, regardless of the method of compensation. As used herein, the term "employee" is intended to include everyone engaged in the operation of the business including all owners if there be more than one.

E. License is the certificate or document issued by the City evidencing permission or authority from the City to the holder named therein to carry on a particular business or to pursue a particular occupation. To be valid a license must be signed by the City License Officer.

F. Licensee is the person to whom a license has been issued pursuant to the provisions of this Title or Chapter, and shall include individual persons, partnerships, joint ventures, associations, clubs, trusts, corporation, or any other entity qualified by law to carry on any of the business activities referred to herein.

G. Number of Employees shall be the average number of employees engaging in the furtherance of licensee's business from a base within the city during each regular working day of the preceding calendar year. In the computing such number, a part-time or seasonal employee shall be counted as that fraction formed by using the total amount of hours regularly worked by the part-time employee in the year as the numerator and the number 2016 as the denominator. The fractional numbers for such part time or seasonal employees shall be cumulated for determination of total number of employees. Any fractional balance after such cumulation shall be considered an additional employee. In the event of a new business, the number of employees shall be estimate subject to the filing of an amended application as provided by Section 9-135, below.

H. Non Profit Enterprise shall mean a business not part of the income of which is distributable to its owners, member, or operators, unless such owner or operator shall be a religious or eleemosynary institution.

Section 9-112  Business License Required

It shall be a Class B misdemeanor for any person to transact, engage in or carry on any business, trade, profession, calling or to operate a vending, pinball or coin-operated machine without first receiving the class or type of license required by the municipality.

Section 9-113  License Assessor and Collector

The recorder/clerk is designated and appointed as ex officio assessor of license fees for this municipality. On receipt of any application for a license, the recorder/clerk shall assess the amount due thereon and shall collect all license fees based upon the rate established by ordinance. He shall enforce all provisions of this title, and shall cause to be filed complaints against all persons violating any of the provisions of this title.

Section 9-114  Payment Dates

All license fees shall be due and payable as follows, except as may be otherwise provided in the applicable ordinance:

A. Annual fees shall be payable before each calendar year in advance. The annual license shall date from the first day of January of each year and shall expire on December 31 of each year.

B. Annual fees shall be due on the first day of each calendar year and shall become delinquent if not paid by February 1 each year.

C. One-half of annual fee shall be payable for all licenses issued by the municipality pursuant to applications made after July 1 of each year, and licenses issued after July 1 shall expire on the first day of the following January. Payment shall be due upon the date of application approval.

Section 9-115  Compliance Requirements

Section 9-116  Necessary For the Transaction of Business

It shall be unlawful for any person , whether directly or indirectly, to commence, conduct, or carry on any business, or to commence, conduct, or carry on any non-profit enterprise in the City of Kanab without first having procured a license from said City, complying with any and all regulatory ordinances now existing or hereafter to be adopted by said City, or without keeping such license in effect at all times by continued compliance with any and all regulatory ordinances or other law of this City. It shall be unlawful for any person , either directly or indirectly, to continue a business or non-profit enterprise when a license pertaining thereto has been suspended or revoked.

Section 9-117  Applicable to Single Act of Business

For the purpose of this Ordinance, any person shall be deemed to be in business or to be engaging in a non-profit enterprise, and thus subject to the requirements of Section 9-116, above, when he does one act of:

    (i) Selling any goods or services

    (ii) Soliciting business or offering goods or services for sale or hire; or

    (iii) Acquiring or using any real or personal property in the City for a business purpose.

Section 9-118  Responsibility For Obtaining License

It shall be the responsibility of a person engaging in business within the City to voluntarily apply or maintain in full force and effect a valid business license. The application shall be provided to the City License Officer on a form provided by the City and shall require the following information: business name, general description of business to be engaged in, mailing address, business telephone, owner's name, owner's residence address, owner's phone number, date of birth, Social Security number, banking reference, two character references, and such other information as the City License Officer shall deem reasonable and necessary. The agents or other representatives of non-residents who are doing business in this City shall be personally responsible for the compliance of their principals and of the businesses they represent with the terms of this ordinance.

Section 9-119  Separate License For Branch Eestablishments

 A separate license must be obtained for each branch established or each separate place of business in which the business activities of a licensee are carried on, except that warehouses and distributing plants from which no retail or public trade is conducted used in connection with and incidental to a business licensed under the provisions of this Ordinance shall not be deemed to be separate places of business or branch establishments.

Section 9-120  Nature And Location Of Business To Be Specified

Each license shall authorize the person obtaining it to carry on, pursue, or conduct only that type of general business described in such license, and only at the location which is indicated thereon. The carrying on of a different type of general business activity shall require issuance of a separate license, and carrying on of the business at a location different from that indicated on the license shall be considered a branch and require a separate license.

Section 9-121  Joint License At Single Location

A person engaged in two or more businesses at the same location may be required to obtain separate licenses for conducting each of such businesses, but, in the discretion of the City License Officer, when such businesses are complementary, a single license may be issued which shall specify on its face all such businesses operated at that location. Nothing herein shall be construed to prevent the City from requiring that a person obtaining a license under any other Chapter of this Title must obtain both the applicable business license required by this Chapter and the license required by any other Chapter.

Section 9-122(a)  Display Of License

Every licensee shall keep his license displayed and exhibited while the same is in force in some conspicuous part of the premises upon which he conducts his business activities. Every license not having a fixed place of business shall carry the licenses with him at all times while carrying on the business for which the license is issued, producing the same for inspection when requested to do so by any person at a reasonable time. When a license has been lost, stolen, defaced or destroyed, without any willful conduct on the part of the licensee, upon the filing by licensee of an affidavit sworn to before a notary public of this state attesting to such fact and paying to the City License Officer a fee of $10, a duplicate license shall be issued by such Officer.

Section 9-122(b)  Joint License

Whenever any person is engaged in two or more businesses at the same location within the municipality, such person shall not be required to obtain separate licenses for conducting each of such businesses, but shall be issued one license which shall specify on its face all such businesses. The license tax to be paid shall be computed at the highest license fee applicable to any of the businesses being conducted at such location. The sale of beer or any other product or service requiring an additional license shall be subject to such additional licensing requirement. Where two or more persons conduct separate businesses at the same location, each such person shall obtain a license for such business and pay the required license tax for such business.

Secton 9-123(a)  Acceptance Of Duties

As a condition of his right to do business in the City of Kanab, each applicant and licensee accepts all regulations and provisions of the ordinances of the City of Kanab as they may apply to any aspect of his business and agrees to comply with the same, and he does further consent to permit all reasonable inspections of his business operations and premises as provided hereunder for the purpose of ascertaining such compliance with the laws and regulations of the City. Where the City License Officer deems it necessary and advisable, he may require the applicant or licensee to maintain casualty or liability insurance in an amount and of a nature to be prescribed, during all periods that the licensee engages in business in the City of Kanab in order to afford adequate protection to those who patronize such business, and an applicant or licensee accepts such requirement as a further condition of his right to do business in the City.

Section 9-123(b)  Reciprocal Recognition Of Licenses

 A. No such license shall be required for operation of any vehicle or equipment in this municipality when:

    1. Such vehicle is merely passing through the municipality.

    2. Such vehicle is used exclusively in inter-city or inter-state commerce.

B. No license shall be required by chapters 9-200, 9-300 or 9-400 of any person whose only business activity in this municipality is the mere delivery in the municipality of property sold by him at a regular place of business maintained by him outside the municipality where:

    1. Such person's business is at the time of such delivery licensed by the Utah municipality or county in which such place of business is situated, and,

    2. The authority licensing such business grants to licensees of this municipality making deliveries within its jurisdiction the same privileges, upon substantially the same terms, as are granted by this section, and,

    3. Neither the property delivered nor any of the facilities by which it was manufactured, produced or processed are subject to inspection by authority of this municipality for compliance with health or sanitary standards prescribed by this municipality, and,

    4. The truck or other conveyance by which such delivery is made prominently displays at all times a license plate or symbol issued by the said licensing authority to evidence such business license. Such plate or symbol shall identify that it evidences a license issued thereby, and shall specify the year or term for which it is effective.

C. The recorder/clerk shall at the request of any person certify a copy of this section to any municipality or county of the State of Utah to which a copy has not previously been certified.

Section 9-124  Exemptions To License

A. No license fee shall be imposed under chapter 9-200 or 9-300 on any person engaged in business for solely religious, charitable, eleemosynary or other types of strictly non-profit purpose which is tax exempt in which activities under the laws of the United States and the state of Utah, nor shall any license fee be imposed on any person engaged in a business specifically exempted from municipal taxation and fees by the laws of the United States or the state of Utah; nor shall any license fee be imposed upon any person not maintaining a place of business within this municipality who has paid a like or similar license tax or fee to some other taxing unit within the state of Utah and which taxing unity exempts from its license tax or fee, by reciprocal agreement or otherwise, businesses domiciled in this municipality and doing business in such taxing unit.

B. The license assessor and collector may, with approval of the governing body, enter into reciprocal agreements with the proper officials of other taxing units, as may be deemed equitable and proper in effecting the exemption provided for in subsection A of this section.

Section 9-125  Powers And duties Of City License Officer

The City License Officer shall issue licenses in the name of the City to all persons qualified under the provisions of this Ordinance and shall remit all license fees collected to the City Treasurer. All information furnished to or secured by the City License Officer under the authority of this Ordinance shall be kept in strict confidence, shall not be subject to public inspection, and shall be kept in such a manner as to prevent disclosure to persons other than those charged with the administration of this Ordinance except as otherwise provided by law. The City License Officer shall have the power, directly or through his appointed agents, to:

A. Adopt forms - Adopt all forms and prescribe the information required therein as to all matters relevant for the issuance of a license hereunder.

B. Investigation - Investigate and determine the eligibility of any applicant or licensee either at the time of issuance of a license or at any reasonable time after its issuance in such manner as may be reasonable and necessary for the proper administration and enforcement of this Ordinance. The Chief of Police, the Fire Marshall, and their authorized officers and deputies are authorized and declared to be investigators for the City License Officer upon request of the latter.

C. Inspection of Premises and Records - Inspect prospective or existing places of business to ensure compliance with building, zoning, safety and health codes, and request production by the applicant or licensee of documents which will verify the number of employees or other information relevant under this ordinance. The Officer shall utilize the investigators referred to in sub-paragraph B, above, for the purpose of the inspections provided for herein.

D. Give Notice - Notify any applicant of the acceptance or rejection of his application and, in the event of rejection, upon request of the applicant, state in writing the reasons for such rejection; notify a licensee of any infraction of City zoning, building, fire or health codes disclosed by the inspection provided herein, together with notice of the revocation by the City License Officer of the license unless correction of the infraction is effected within five days after such notification.

E. Request Enforcement - Request the City Attorney to file a complaint against any applicant or any license who conducts a business without the license required by this Chapter.

F. Good Standing of Applicant or Licensee - Determine that the applicant or licensee is not in default under the provisions of any City ordinance, or indebted or obligated in any manner to the City or the utilities operated by it; to not be in violation of any City zoning regulations by reason of the condition of business premises or the use to be made thereof.

G. Require Affidavits - Require, when considered necessary in the discretion of the City License Officer, an affidavit regarding the license history of the applicant indicating whether such person, in previous business in this or another state, has had a business license revoked or suspended, together with the reasons therefore; to request that the Chief of Police obtain a record of any prior convictions of the applicant or licensee when determined by the City License Officer to be necessary and desirable.

Section 9-126  Hearing As To Classification

In the event the City License Officer determines that a business falls within one of the categories set forth in either Sections 9-150 et. seq. or Chapter 4 of this Title, other than the general business category referred to in Section 9-151, an applicant may contest such classification by the Officer by submitting with his application a written request for hearing as to the propriety of such classification. The Officer shall submit any request for hearing so received to the Kanab City Council, and the Council shall notify such applicant in writing that on a day and at a time and place therein mentioned said Council shall take up for hearing the question as to whether said Classification is proper or not, and at which time and place said applicant may appear and be heard. At the time and place named in said notice, the City Council shall take up said matter and shall determine said question upon the facts presented to it, and it shall enter an order according to its judgment upon the facts so presented. If it shall be determined that the classification is improper, the Officer shall accept a new application under a general business classification or other specific classification. In the event an applicant or licensee for whom a bond is required because of any of the classifications referred to herein shall object to the size of such bond, he may request a hearing before the Kanab City Council as to the amount of bond set by the Officer in like manner as set forth above, and the Council shall either approve the bond as set by the Officer or instruct the Officer to reconsider the amount of the bond required.

Section 9-127  Designation Of agent For Service Of Process

Any licensee of whom the request is made by the City License Officer shall file with the City License Officer an instrument designating a resident of the City of Kanab as the lawful agent of such applicant or licensee with full power and authority to acknowledge service of notice or process for and on behalf of such applicant or licensee with respect to any and all matters connected with or arising out of the provisions of this ordinance. The instrument shall be on a form prescribed by the City License Officer and shall contain a consent over the signature of the designated resident evidencing his amenability to such service or process as may be necessary.

Section 9-127  Designation Of Agent For Service Of Process

Any licensee of whom the request is made by the City License Officer shall file with the City License Officer an instrument designating a resident of the City of Kanab as the lawful agent of such applicant or licensee with full power and authority to acknowledge service of notice or process for and on behalf of such applicant or licensee with respect to any and all matters connected with or arising out of the provisions of this ordinance. The instrument shall be on a form prescribed by the City License Officer and shall contain a consent over the signature of the designated resident evidencing his amenability to such service or process as may be necessary.

Section 9-130  Calculation Of Fees

Section 9-131  Fee Payments and Prorations

All license fees shall be paid in advance at the office of the City Treasurer. Annual license fees shall be due and payable on the first day of January of each year. The license fee of any business commenced after the beginning of the license period shall be prorated for the balance of the year remaining.

Section 9-132  Late Penalties

Any license fee due on January 1 that is paid later than January 31 of any license year shall be considered to be late, and a late penalty of $10 or 10%, whichever is greater, shall be assessed for each renewal or application submitted after January 31 and before March 1 of a license year. A license renewal application due on January 1 of a license year which is not submitted until after March 1 of that year shall pay a late fee of $25.

Section 9-134  Year-End Fee Adjustment

If an applicant of licensee discovers by the end of any license year that the number of employees utilized by him at the beginning of that license year to determine the amount of license fee payable was an improper estimate, and the business did in fact during the year employ more or less persons than the number used as a basis for that fee, and amended application for that year shall be filed on or before January 31 of the following year setting forth the actual number of employees during the license year just completed, and the license fee for the coming year shall be adjusted in accordance with the amended application. The City License Officer shall have the right to verify through inspection of the business' payroll and personnel records the accuracy of any amended application. This Section shall apply also to businesses starting up after the commencement of the license year, but on a prorated basis.

Section 9-135  Rebate Of Fee

No rebate or refund of any license fee or part thereof shall be made by reason of the non-use of such license of by reason of a change of location or type of business rendering the use of such license ineffective, except in the following instances: (a) When a license fee is collected in error; (b) When a licensee has bee prevented from enjoying the full license term due to death or physical incapacity to engage in business; (c) When a licensee is rendered unable to conduct business because he has entered the armed services of the United States; or (d) When the licensed business is destroyed by fire or other casualty through no fault of licensee. In the event of the applicability of an exception, the rebate shall be prorated according to the number of days remaining in the license year after occurrence of the event relied upon for a rebate.

Section 9-136  Renewal License Procedure

The applicant for renewal of a license shall submit an application for renewal of such license to the City License Officer on such form as that Officer may direct, and shall disclose thereon such information concerning the conduct and operation of the licensee's business during the preceding licensing period as may be reasonably required by the City License Officer and may be reasonably necessary for determination of the licensee's eligibility for a renewal license and possible adjustment of the license fee.

Section 9-137  Issuance Of Receipt

In the event the City License Officer has not completed any of the steps set forth in Section 9-125 at the time the applicant or licensee pays for a license or renewal thereof the City Treasurer may issue a receipt for the money paid but it shall not be construed as the approval of the City License Officer for the issuance of the License, nor shall it entitle or authorize the applicant to open or maintain any business until such times as the license itself has been issued to him.

Section 9-138  Expiration Of Licenses

All licenses shall expire on December 31 of each year, except those issued pursuant to subparagraphs 5-1-13 (C), (D), (E), or (K), and they shall be valid only for the period indicated thereon.

Section 9-139  Determination Of License Fee

Every person engaged in business within the City shall pay an annual license fee to be calculated in accordance with this Ordinance. Non-profit enterprises and those businesses having gross sales of less than $1,000 a year shall be exempt from the payment of a fee in connection with licenses issued to them. Section 9-151, below, shall apply to all business except for those specifically covered in subsequent Sections of this Chapter or in subsequent chapters of this title, and the fee for such licenses shall be determined in accordance with the specific Section pertaining to their specific business.

Section 9-140  No Transfer Of License

A business license issued hereunder shall not be transferrable to a new owner of any licensed business, or to a new entity owning or operating such business wherein the previous licensee is not the owner of a majority interest in the new entity. An existing license may be transferred from one location to another, where the business is operated at a fixed location, only after obtaining approval of the City License Officer, having a new license issued indicating the new location, and paying an additional fee of $10.00. The City License Officer shall not approve the transfer of a license to a new location operated by the same licensee where the basic type of business in which he shall engage is changed from his former business. Upon the termination of business, the expiration of a license year, or the revocation of a license, the previous license permit shall be destroyed or surrendered to the City License Officer.

Section 9-151  General Business License Fee

The license fee for all businesses shall be $50.00 per year together with $10.00 per year for each person more than one employed by or engaged in such business, not to exceed, however, $500.00 annually. The number of employees shall be verified by an applicant or licensee through submission of payroll records to the City License Officer upon reasonable request.

Section 9-152  Professional Businesses

The license fee for all professions shall be $50.00 per year. Professions shall include anyone practicing a science of medicine or healing, dentists, lawyers, engineers, architects, veterinarians, counselors, accountants, securities and investment brokers, and any other activity which the Chief License Officer shall determine to be a professional business. In the event the professional business shall include more than one person who is certified or licensed by the State or any professional board to practice the profession in which the business is engaged, all of such persons more than one shall be considered professional associates; the license fee for each such professional associate shall be an additional $10.00 per year. In addition, the professional business shall pay $10.00 for each non-professional employee on the same basis as those businesses referred to in Section 9-151, above.

Section 9-153  Exhibitions, Concerts And Performances

Individuals or groups putting on performances, exhibitions, concerts or other entertainment activities for which a fee is charged, either to the public or to the hiring entity, shall pay a license fee of $100.00 for each 24-hour period during which they present a public performance, concert or exhibition. If the group to be entertained consists of more than 300 persons, based upon seating capacity, number of tickets sold, or any other reasonable criteria, the license fee shall be $250.00 for each 24-hour period in which exhibitions, concerts, or performances are presented. This license shall be required of all performers and groups engaging in business within the City of Kanab, including musical aggregations, circuses, carnivals, rodeos, fight promoters, racing promoters, displays and exhibitions, live shows and entertainers of any kind. No fee shall be required for the license issued to any person or group in this category which is non-profit or which is raising funds exclusively for religious or charitable purposes.

Section 9-154  Practitioners Of Occult Arts

Fortune-tellers, mediums, astrologists, palm-readers, hypnotists other than entertainers or members of a medical of healing profession, and all other practitioners of unusual or occult arts or sciences shall pay a daily fee of $250.00 for each day that they engage in business in the City of Kanab.

Section 9-155  Pawnbrokers, Swap meets, Secondhand Dealers

Pawnbrokers, swap meet operators, and dealers in secondhand merchandise shall pay the general license fee required by Section 9-151, above, unless in the opinion of the City License Officer their business shall create an enforcement problem, in which case they shall thereafter pay a weekly license fee of $50.00.

Section 9-156  Amusement Devices - Repealed (Reserved)

Section 9-157  Junk Dealers And Junk Yards

See Section 9-451-C

Section 9-158  Billboard Advertising

Every person engaged in the business of supplying space for hire for outdoor advertising shall pay a license fee of $50.00 together with an annual fee of $50.00 for each billboard owned or operated by the licensee within the City of Kanab.

Section 9-159  Mini-Storage Rentals - Reserved

Section 9-160  Christmas Trees

A license for operating a Christmas tree sales lot on a seasonal basis in the City of Kanab shall require a fee of $35.00 unless the Christmas tree lot is operated by a non-profit organization, in which event there shall be no fee for the license.

Section 9-161  Contractors

See Part 9-430 et. seq.

Section 9-162  Public Dances And Cabarets

See Part 9-440 et. seq.

Section 9-163  Solicitors, Canvassers, Peddlers and Itinerant Merchants

See Part 9-450 et. seq.

Section 9-170  Enforcement

In performance of the power of the City License Officer to inspect premises and records referred to in Section 9-125, above, those inspectors designated in said Section shall report all violations of this ordinance or of other laws or ordinances to the City License Officer and shall submit such other reports as the City Council shall order. Upon receipt of a report of the violation of this ordinance or of any other law or ordinance of the City, or of failure by a licensee or applicant to verify information or produce documents upon request, the City License Officer shall issue to the licensee a notice of the alleged violation with a request that the licensee appear at a hearing at a date and time set forth in the notice, which date shall be not less than five (5) and not more than thirty (30) days after the date of the notice. In the event the City License Officer receives a sworn statement outlining specific facts showing the alleged violation is a threat to the safety, health or welfare of any specific person or the public, the notice may also contain provisional order to comply, in writing. The provisional order shall require compliance, or arrangements with the City Officer for such compliance, upon service of the order. The notice shall be personally served upon the person, his agent or employee. In the event service cannot be obtained upon the person doing business or his agent or employee, a copy of such notice shall be affixed to some structure on the premises, and a copy shall be deposited in the United States mail addressed to the address contained on the license application.

Upon such hearing before the City Council, the City License Officer and the licensee shall have the right to call witnesses, present evidence and make statements. If the City Council finds that violation of the license ordinance, City ordinances, license conditions, or other laws has occurred, the City Council shall declare the business license suspended until compliance is made or revoked because of the violation. Upon revocation of a license, the licensee shall summarily cease business and close the premises upon which the business was operated. The City Attorney shall institute civil suit at the request of the City License Officer to enjoin the operation of any business being operated without the license required hereunder, and he shall also commence suit to collect the amount of any unpaid amount, the payment of which is required hereunder, if it cannot be collected by other means.

Section 9-171  Revocation Of License

In addition to any violation of any other provision herein provided, a license issued pursuant hereto may be revoked after notice and hearing for fraud, misrepresentation or false statement made to such Officer or any inspector authorized hereunder, or in any application, or for conviction of any crime or misdemeanor involving moral turpitude, or any other business activity or practice which constitutes a menace to the health, safety or general welfare of the public.

Section 9-172  Licensing After Revocation

No person whose license has been revoked under the provisions of this ordinance shall be granted a license under the provisions of this ordinance for a period of six months following such revocation.

Section 9-173  License Debt To City

The amount of any license imposed by this Chapter shall be deemed a debt to the City of Kanab, and any person engaging in business without having a license from the City to do so shall be liable to an action in the name of the City in any court of competent jurisdiction for the amount of license by this title imposed on such business. In the event of a payment by a licensee which is insufficient under the provisions of this Chapter, he shall similarly be liable to an action as provided herein. Any person violating the provisions of this ordinance shall be liable for the City's reasonable attorney's fees incurred in any civil or criminal action.

Section 9-200  Businesses Licensed On An Annual Fee - Reserved

Section 9-300  Business Licensed on The Basis Of Gross Receipts - Reserved

Section 9-400  Licensing and Regulating Specific Businesses

Section 9-401  Regulation of Specific Business

In addition to the compliance with all ordinances of the City of Kanab and laws of the State of Utah, and all other reasonable orders of the City License Officer, Chief of Police, or Fire Marshall which pertain to the public health, safety and general welfare, the following described business shall be regulated by and comply with the following specific provisions.

Section 9-410  Intoxicants

Section 9-411  License to Sell Beer At Retail

A. It shall be a class B misdemeanor for any person to engage in the business of selling light beer at retail, in bottles or draft, without first having procured a license therefor from the governing body and paid the license fee required by this part.

B. It shall be a class B misdemeanor for any person to sell beer after the revocation of the license issued pursuant to this part.

C. 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 licensees shall comply with the Utah Liquor Control Act and the regulations of the Liquor Control Commission.

Section 9-412  Definitions

 The 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.

Section 9-413  Retail Licenses

Retail licenses issued hereunder shall be of the following five kinds and shall carry the following privileges and be known as class "A," class "B," class "C," class "D," and "seasonal licenses."

A. Class "A" retail licenses shall entitle the licensee to sell beer on the premises licensed in original containers for consumption off the premises in accordance with the Utah Liquor Control Act and the ordinances of this municipality.

B. Class "B" retail licenses shall entitle the licensee to sell beer in the original containers on the premises for consumption on or off the premises in accordance with the Utah Liquor Control Act and the ordinances of this municipality.

C. Class "C" licenses for retail shall entitle a licensee to sell draft beer on the premises for consumption on the premises and to sell beer in the original containers on the premises for consumption on or off the premises and to sell beer in accordance with the Utah Liquor Control Act and the ordinances of this municipality.

D. Class "D" retail licenses shall entitle the licensee to sell beer in the original containers on the premises for consumption on the premises in accordance with the Utah Liquor Control Act and the ordinances of this municipality.

E. "Seasonal Licenses" of any class may be issued for a period of time not to exceed one year which period shall be determined by the governing body.

Section 9-414  Beer License Fees

In addition to any other business license fee which any person or place of business may be required to pay, there is hereby imposed on the business location of every person engaged in the sale or dispensing of beer the following annual license fees:

CLASS "A" Original containers, consumption off premises: $125.00

CLASS "B" Original containers, consumption on/off premises: $250.00

CLASS "C" Draft Beer, consumption on/off premises: $375.00

CLASS "D" Original containers, consumption on premises: $125.00

Seasonal Beer License: $25.00 per day

Section 9-415  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.

Section 9-416  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 wholesaler licensed under the provisions of the Utah Liquor Control Act.

Section 9-417  Application For License

A. All applications for licenses authorized by this part shall be verified and shall be filed with the recorder/clerk. The applications 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 and this part. If the applicant is a copartnership, the names and addresses of all partners, and if a corporation, the names and addresses of all officers and directors, must be stated.

B. The application must be subscribed by the applicant who shall state under oath that the facts therein contained are true.

C. The application must be accompanied by a Criminal Background check from (BCI), Bureau of Criminal Information (phone# 801-965-4446), on the Applicant(s) listed in Subsection (A) above. The Background check must be requested and paid for by the Applicant(s).

Section 9-418  Application Referred To Chief Of Police

All applications filed in accordance with the provisions of this part shall be referred to the chief of police for inspection and report. The chief of police shall when possible within 15 days after receiving such application make report to the governing body of the general reputation and character of the persons who habitually frequent such place; the nature and kind of business conducted at such place by the applicant or by any other person or by the applicant at any other place; whether the place is or has been conducted in a lawful, quiet and orderly manner; the nature and kind of entertainment, if any at such place; whether gambling is or has been permitted on the premises or by the applicant at any other place; and the proximity of such premises to any school or church. The chief of police shall also add to such report his recommendation as to whether or not the application should be granted.

Section 9-419  Renewals

All applications for renewal licenses filed by the holders of existing licenses shall be filed with the recorder/clerk at least thirty 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 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 until the date of his new license is issued by the governing body.

Section 9-420  Qualifications

No license shall be granted to any retailer to sell light beer within the municipality unless he shall be of good moral character, over the age of twenty-one years, and a citizen of the United States, or to any one 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 this municipality relating to intoxicating liquors, or of keeping a gambling or disorderly house, or who has pleaded guilty to or has forfeited his bail on a charge of having committed a felony or of having violated any such law or ordinance, or to any partnership, any member of which lacks any of the qualifications set forth in this section, or to any corporation, of which any director of officer lacks any such qualifications.

Section 9-421  Bond Required

No license required by this part shall be granted by the governing body until the applicant shall have filed with the recorder/clerk a bond in a sum and as required by Section 32-4-4, Utah Code Annotated, 1953. The bond shall be made in favor of this municipality.

Section 9-422  Department Of Health Permit

No license under this part shall be issued until the applicant therefor shall have first procured from the department of health of the municipality 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 light beer complies with all the health regulations of this municipality and the state of Utah.

Section 9-423  Transfer Of License

Licenses issued pursuant to this part shall not be transferrable, and if revoked by the governing body, the fee paid by the licensee to the municipality for the license shall be forfeited to the municipality.

Section 9-424  Restrictions

A. It is unlawful for any person to sell beer at any public dance or to any person intoxicated, or under the influence of any intoxicating beverage. It is unlawful for any person to sell beer in any theater.

B. No Class "B" or "C" beer license shall be granted to any person to sell beer at any business or premise where gasoline for the use in motor vehicles is sold.

C. It shall be unlawful to sell beer to any person under the age of 21, or to sell beer for consumption on the premises unless so licensed, or to permit the drinking of liquor on such premises.

D. It shall be unlawful to sell or otherwise furnish or dispose of beer, or allow it to be drunk or consumed on the premises or to allow beer out of original containers to remain on the licensed premises, whether or not open to the public, after the closing hour of 1:00 a.m. and before 6:00 a.m. of any day. 

E.  Any person having a Class "B" or "C" beer license, or his agents or employees, shall remove or cause to be removed from the licensed premises all patrons, customers or individuals not employed on the premises by the time above stated in Section D.

F. It shall be unlawful for any person having a Class "B" or "C" beer license or for his agents or employees to permit any patron, customer or individual not employed on the premises to remain on such premises after the closing time above provided; provided however, no licensed premises may employ more than two persons on the premises after the closing hour without the permission of the chief of police or the mayor.

G. Licensed premises shall be kept brightly illuminated at all times while it is occupied or open for business, and no booth or kind of stall shall be maintained unless all tables, chairs and occupants are kept open to full view from the main floor and the entrance of such licensed premises. It shall be unlawful to advertise the sale of beer except under such regulations as are made by the liquor control commission of Utah, provided that a simple designation of the fact that beer is sold under city license may be placed in or upon the window or front of the licensed premises.

H. It shall be unlawful for any person to sell beer except in the manner for which he has been so licensed pursuant to the provision of this part.

I. It shall be unlawful to keep or maintain a nuisance as defined in this part.

Section 9-425a  An Ordinance Repealing Section 9-425 Of The Revised Ordinances Of The City Of Kanab

Whereas, the City Council of Kanab City finds that there presently exists an ordinance prohibiting the sale of beer on Sundays and that said ordinance has not been enforced by the City of Kanab; and

Whereas, the City Council of Kanab City finds that those ordinances which are not enforced and which are not necessary to the health, safety, protection, and general well being of the inhabitants of the City of Kanab should be repealed.

Therefore, be it ordained by the City Council of Kanab City that: Section 9-425 of the Revised Ordinances of the City of Kanab is hereby repealed. (Passed, adopted, and ordered posted by the City Council of the City of Kanab, Utah this 8th day of January 1980.)

Section 9-426  Inspection

A. All licensed premises shall be subject to inspection by any officer, agent, or peace officer of the municipality or the liquor control commission, or the state board of health, and every licensee shall, at the request of the board of health furnish to it samples of beer which he shall have for sale.

B. Any license granted pursuant to this part may be revoked on a finding by the governing body that the licensee has had ten days or more notice from the board of health that the licensee is violating one or more health ordinances, rules or regulations of this municipality or of the Utah Division of Health and has failed to comply with such health ordinance, rule or regulation.

C. The governing body may direct the chief of police to close down any business licensed under this part where the board of health has determined that continued operation of the business presents an imminent danger to the health of the community or persons who may eat or drink at the business.

Section  9-427  Revocation Or Suspension

A. The governing body may, after a hearing, revoke or suspend any beer license on a finding by it that the licensee or his officers, agents or employees have violated any provision of this part or any ordinance of this municipality whether now or hereafter enacted which in any way related to the operation of the business or the safety of the public.

B. A hearing may be requested by any person:

    1. That is denied or refused a beer license by an officer, agent or employee of this municipality.

    2. Whose beer license is revoked, restricted, qualified, or limited from that for which it was first issued.

C. The request for hearing must be made in writing to the mayor or recorder/clerk and made within 30 days following the date notice denying, refusing, revoking, qualifying, restricting or revoking the beer license is mailed by the municipality to the applicant or license holder at his address as it appears on the application or license.

D. Following receipt of a request for hearing, the governing body shall inform the person requesting a hearing of the time and place the hearing is to be held. At the hearing, the aggrieved party shall have the right to hear and examine any witnesses the municipality may produce to support its decision and to present his own evidence in support of his contention. The governing body shall, within ten days following the conclusion of the hearing, in writing, inform the person who requested the hearing of the decision of the city council.

E. This part shall not be constructed so as to afford any aggrieved party more than one hearing before the city council nor shall the hearing provided in this part apply to any criminal complaint or proceeding.

Section 9-428  Mandatory Alcohol Training And Education

A. Completion of the alcohol training and education seminar required pursuant to Utah Code Ann. 32A-1-401 and 62A-8-401 shall be a mandatory requirement for every employee of every new and renewing licensee within the City of Kanab who sells, supplies, or furnishes alcoholic beverages, as defined in Utah Code Ann. 32A-1-105(2), (4), and (19) to the public within the scope of his or her employment, and for every employee of every other establishment who, within the scope of his or her employment, serves alcoholic beverages to the public for consumption on the premises.

B. Every employee required by Section A of this Ordinance to complete the seminar, shall do so within six months of the date of commencement of employment.

C. Persons required to complete the seminar provided for in Section A of this Ordinance shall pay to the commission or agency administering the seminar a fee, determined by the commission or agency, which fee shall not exceed an amount which will offset the cost of administering the seminar.

D. Every employee required by Section A of this Ordinance to complete the alcohol training and education seminar shall, upon completion, be granted a certificate by the Utah Department of Alcoholic Beverage Control. This certificate, or a copy thereof, shall be made available for presentation upon the request of any officer, agent, or peace officer of the municipality or the liquor control commission.

E. Kanab City may revoke, suspend, or withhold the business license of any establishment which fails to provide for the completion by its employees of the alcohol training and education seminar within the allotted time period provided for in Section B of this Ordinance.

Section 9-429  Public Hearing Required Before Written Consent For A Private Club Liquor License and Before Issuance Of Beer License To Private Club

A. A public hearing shall be held upon application to the Kanab City Council for the Counsel's written consent for a private club liquor license to the Department of Alcoholic Beverage Control as required by Utah Code Ann. 32A-5-5(1)(c). A public hearing shall also be held upon application for a beer license for a private club.

B. The City shall mail, at the expense of the applicant, notice of the place, date and time of the public hearing, at least ten (10) days prior to the hearing date to each household or business within one block of the existing or proposed private club applying for consent and/or a beer license. Failure to give or receive this notice shall not invalidate a license or consent.

C. Notice of the time and place of the public hearing shall be given to the general public by at least one (1) publication in a newspaper of general circulation in the City of Kanab at least ten (10) days prior to the hearing.

Section 9-430  Construction Contractors

Any person engaged in the construction trade licensed under Title 58, Chapter 55, U.C.A., or as a contractor regulated under Title 58, Chapter 55, U.C.A., must apply for and be licensed under Title 58, Chapter 55, U.C.A., before engaging in that trade of contracting activity unless specifically exempted from licensure under 58-55-6, U.C.A. The license issued under U.C.A., Title 58, Chapter 55 and the business license issued by the local business shall be the only licenses required for the licensee to engage in the construction trade or as a contractor, provided; however, that any licensee who engages in the construction or contractor trade within Kanab City must provide a photocopy of the required State license and license from the principal place of business before an exemption from additional licensing will be issued by Kanab City, and as a condition of issuance of any building permit under which said Licensee performs work. Failure of any Licensee to comply with this section shall be substantial violation of a building permit.

Section 9-431  Purpose

The purpose of this part is to establish a system of imposing license fees upon person engaging in business within the limits of the municipality as contractors. The licenses are designed to be determined upon the basis of each contract or job being performed. It is the opinion of the governing body that this method of determining the amount of fee will result in fair taxation and will not discriminate against the contractor who performs only a few jobs within the municipal limits as distinguished from the contractor who performs many.

Section 9-432  Definitions

A. "Contractor" means any person, firm, copartnership, corporation, association, or other organization, or any combination thereof, who for a fixed sum, price, fee, percentage, or other compensation other than wages, undertakes any building, highway, road, railroad, excavation or other structure, project, development, or improvement, other than to personality, or any part thereof; provided, that the term contractor, as used in this part, shall include anyone who builds more than one structure on his own property during any one year for the purpose of sale and shall include subcontractors, but shall not include anyone who merely furnishes materials or supplies without fabricating the same into, or consuming the same in the performance of the work of the contractors as herein defined.

B. Types of Contractors: As an illustrative list of contractors subject to the provisions of this part, but not in limitation thereof, the following occupations are subject to this part: general contractors, specialty contractors of all kinds, such as, but not limited to those engaged in the business of installing, repairing or otherwise performing services in connection with: acoustical tile and roof decking; awnings, storm doors, and windows; air conditioning, dry-heating, sheet metal; boilers, steamfitting; carpentry; cement and concrete; ceramic tile; cabinet and millwork; composition floor, countertops, tile; carpet; drywall; elevator installation; electrical; excavating and grading fencing; floor coverings; fire prevention (structural); furnaces and burners; glazing; industrial piping; iron and bronze (ornamental); insulation; landscaping; lathing; lawn sprinklers; masonry; mosaic tile and terazzo; overhead doors; painting and paper hanging; pest control (structural); plastering; plumbing and wet heating; roofing and siding; swimming pool; signs, stone masonry; sewer installation; steel reinforcing and erection; tanks (structural); waterproofing; weatherstripping; welding; wrecking and demolition; wood floor laying and finishing.

Section 9-433  Doing Business Without Registration And A License Unlawful

Any person desiring to engage in business as a contractor within the corporate limits of this municipality must comply with the two following requirements:

A. Prior to engaging in any subject business activity during any calendar year, he must register for the calendar year as a contractor by completing and filing a registration form in the office of the recorder/clerk.

B. Prior to the performance of any services in connection with any specific contract or job, the person shall secure a license to engage in the performance of service connected with said specific job or contact from the office of the recorder/clerk.

Section 9-434  Registration

A. Any person desiring to engage in business as a contractor shall complete and file in the office of the recorder/clerk a registration form provided to him by the municipality which shall show:

    1. The name of the contractor.

    2. The address and telephone number of the contractor.

    3. The type of organization, e.g., corporation, partnership, or sole proprietor.

    4. If a partnership or a corporation or other artificial person, the name, address, and telephone number of the person responsible for the functions of the organization:

        (a) Whether or not licensed under the contractor's license law of the state of Utah; if so, the license number of the contractor.

        (b) Type of business in which registrant seeks to engage, e.g., general contractor or one of the specialty contractors.

        (c) Such other information as the governing body may by regulation require.

B. Any person seeking to register for the privilege of doing business as a contractor within the limits of this municipality for any calendar year, or any part thereof, shall pay an annual registration fee of $1.00.

Section 9-435  Job License For Each Contract

A. Any person desiring to perform services as a contractor shall, in addition to registering, as above required, secure a job license granting to him the privilege of performing the services required of him for each contract or job which he proposes to complete.

B. Any person seeking said job license for a contract or job shall complete an application therefor, on forms provided him by the municipality. The application shall set forth:

    1. The name and address of the contractor.

    2. His municipal registration number.

    3. The number of his state contractor's license.

    4. The person by whom he is engaged to perform services as a contractor.

    5. The address of said person.

    6. The location at which the said contractor's services are to be performed.

    7. The type of services that are to be performed, e.g., as a general contractor, as one of the specialty contractors.

    8. The contract amount.

Section 9-436  Job License Fee

Every contractor, for the privilege of engaging in the business of performing said services, shall pay the amount set forth in the appropriate current codes as adopted herein.

Section 9-437  Records-Inspection

All persons registered pursuant to this part for the privilege of doing business as contractors, and all persons who engage in doing business as contractors, shall maintain records of all services performed by them as contractors within the corporate limits of this municipality. The records shall disclose the person for whom the services are performed and the contract price or charge made for the services and such other information as the governing body may, by regulation, require. The persons shall maintain such records at their office or principal place of business and shall permit officials or agents of the municipality to inspect said records for the purpose of determining whether or not said persons have complied with the requirements of this license part.

Section 9-438  Regulations

The governing body may adopt such regulations as in its opinion are necessary to implement this part and the objectives thereof.

Section 9-440  Public Dances and Cabarets

Section 9-441  Definitions

As used in this part:

A. "Public dance" shall mean any dance to which the public generally may gain admission with or without the payment of a fee, but shall not include any dance conducted on or in any public park, street or public grounds by permission of the governing body.

B. "Public dance hall" shall mean any room, place or space in which a public dance is held or in which classes in dancing are held and instruction in dancing is given for hire.

C. "Cabaret" shall mean duly licensed restaurants which permit their patrons to dance and restaurants or premises which entertain their patrons with live performers who sing or dance or which permit their patrons to dance, shall be deemed to be a "cabaret" and such places shall be subject to cabaret licensing provisions and regulations as hereinafter provided.

D. "Club" shall mean dances conducted and sponsored by private non-profit clubs organized pursuant to Chapter 6 of Title 16, Utah Code Annotated, 1953, for members and their guests only, shall be subject to the club licensing provisions as hereinafter provided, but such dances shall not be deemed to be public dances.

E. "Non-public dances" shall mean dances conducted and sponsored by public or private schools and churches for the students or members thereof, even though an admission fee is charged, and dances conducted in private homes on a private basis, shall not be deemed to be public dances and shall be exempt from the licensing provisions of this part.

Section 9-442  License Fees

A. Public dance hall license fees. The license fee required for a public dance hall license shall be: $10.00 per day on a daily basis regardless of size or capacity.

B. Cabaret license fee. The license fee required for a cabaret license shall be $10.00 per day or $50.00 per year.

C. Club license fee. The license fee required for a cabaret license shall be $10.00 per day or $50.00 per year.

Section 9-443  Unlawful To Conduct Unlicenced Dance

A. It shall be unlawful to conduct or operate any dance until the place in which the dance may be held shall first have been duly licensed except as otherwise herein provided.

B. If at any time a license under the provisions of this part is denied or revoked, it shall thereafter be unlawful for any person to operate, open, maintain, manage or conduct a dance at the same premises until a new license shall be granted by the governing body.

Section 9-444  Licensing Conditions

No license shall be issued pursuant to this part unless that place for which it is issued complies with and conforms to all laws, ordinances, health and fire regulations applicable thereto, is properly ventilated, has available separate and sufficient toilet conveniences for each sex, and is a safe and proper place for the purpose for which it is to be used.

Section 9-445  Displaying License

Every person to whom a license is issued under this part shall post the same in a conspicuous place on the premises covered by such license.

Section 9-446  Dance Regulations

A. Person under 14 prohibited at public dance.

    1. Except as provided in subparagraph 2 hereof it shall be unlawful to permit any person who has not reached the age of 14 years to attend or remain at any public dance or cabaret unless such person be accompanied by his parent.

    2. It shall be lawful to permit persons who have attained the age of 14 years to attend a public dance without being accompanied by their parents only where such public dance is held under all of the following conditions:

        a. The dance is sponsored or held primarily for groups of persons between 13 and 18 years of age.

        b. No cigarettes, beer or liquor is sold, consumed or used upon the dance hall premises.

        c. The dance closes no later than 12:00 o'clock a.m.

        d. The dance is under police supervision to be furnished at the expense of the management of the dance.

        e. The dance is conducted in an atmosphere and environment and under controls conducive to the proper behavior and conduct of all persons in attendance.

        f. A permit to conduct the dance has first been obtained from the governing body.

        g. When, in the opinion of the governing body, the circumstances justify it, the governing body may permit dances at a definite location to continue for an extended period of time without requiring a permit for each separate dance, subject to the right to revoke such permit at anytime in the discretion of the governing body.

B. Prohibition extended to 18 if beer is sold. Exception - if any licensed cabaret premises are also licensed for the sale of beer, no person under the age of 18 years may enter or be permitted to remain on the premises, except as provided in section 9-448 A.

C. Misrepresentation of age or family status prohibited. It shall be unlawful for any person to misrepresent his or her age for the purpose of gaining admission to a public dance or cabaret or falsely to represent himself or herself to be a parent or legal guardian of any person in order that such person may attend or remain at any public dance or cabaret.

D. Proscribed hours. It shall be unlawful for any person to conduct or maintain a dance within a dance hall licensed pursuant to this part 9-440 or, for any person in charge or control of such dance hall, to allow or permit any such dance or dancing between the hours of 12:00 o'clock a.m. and 12:00 o'clock p.m. during mountain standard time, and 12:00 o'clock a.m. and 12:00 o'clock p.m. during mountain daylight time; provided, however, dancing is permitted until 2:00 o'clock a.m. New Years day.

E. Pass-out and return checks prohibited. No pass-out or return checks shall be issued for use by persons who leave licensed dance premises, anterooms thereof, and such portions of the grounds immediately adjacent to such premises as are well lighted and under the immediate control of the dance hall management, and all persons leaving the licensed dance premises, anterooms thereof and well lighted grounds immediately adjacent thereto shall be required to pay the regular admission fee in case of return to such dance.

F. Light required. Premises licensed pursuant to this part shall be luminated throughout the licensed premises and during business hours at a minimum of one candle power light measured at a level five feet above the floor.

G. Walkathons prohibited. It shall be unlawful for any person to conduct or maintain any walkathon, marathon or any other exhibition or human endurance to which the public is admitted as spectators, and it shall be unlawful for any person to attend any walkathon, marathon or any other exhibition of human endurance.

H. Smoking and drinking while dancing prohibited. It shall be unlawful to smoke or drink any liquid while dancing on any licensed dance premises or to permit the same.

I. Allowance of disorderly conduct prohibited. It shall be unlawful for any person to whom a license under this part has been issued to allow or permit on the licensed premises any indecent act to be committed or any disorder or conduct of a gross, violent or vulgar character, or to permit prostitutes, pimps or procurers to enter and remain on the premises.

J. Minimum space required. No dancing shall be permitted in any premises licensed as a cabaret nor shall any license be issued unless there is at least 200 square feet of suitable dancing area in addition to the walkways and aisles required by this part.

Section 9-448  Cabaret Regulations

A. Prohibition to person under 18 if beer is sold. Exception. If any licensed cabaret premises are also licensed for the sale of beer, no person under the age of 18 years may enter or be permitted to remain on the premises, except that such person may enter or remain on premises licensed for the sale of beer with other than a class "C" or "seasonal" license, if such person is accompanied by his parent and leaves the premises before 10:00 p.m. or at least one hour prior to the time dancing is permitted whichever time is earlier, and except that a person between the ages of 16 and 18 may enter and remain upon the licensed cabaret premises licensed to sell beer other than under a class "C" or "seasonal" license at the premises, solely as an entertainer and during the time only that such person performs his entertainment; provided such person is under proper supervision while on the premises and has first procured the approval of the governing body. It shall be unlawful for such person to circulate among the patrons or guests of such place of business.

B. Seating area and dance floor separation. The dance area in a licensed cabaret must be separated from the seating area by a minimum aisle or areaway of three feet.

C. Rest room requirements. Access to rest rooms must be by an aisle or areaway of at least three feet in width and in no event shall a cabaret license be issued if it is necessary to cross directly over the dance area to have access to rest rooms.

D. Bar and dance floor separation. If the dance area is adjacent to or in front of a bar where beer or food is served or consumed there must be a minimum aisle or areaway of five feet between the bar and the dance area.

E. Itinerant and impromptu entertainment prohibited. Impromptu audience performers or itinerant walk-in guitar players or entertainers are prohibited.

F. Live entertainment in licensed cabarets only. It shall be unlawful to furnish live entertainment for patrons of restaurants or premises licensed pursuant to part 9-430, unless the premises are licensed as a cabaret pursuant to this part.

G. Hot food must be available. A variety of hot foods must be available to guests and clientele of a cabaret during all hours it is open for business. (Copyright - 1987, Utah League of Cities and Towns)

Section 9-450  Solicitors, Canvassers, Peddlers and Itinerant Merchants - Fees

Section 9-451  License Required

A. Itinerant Merchandising of Goods or Services. Transient or itinerant merchant, includes any person whether as owner, agent, consignee or employee, whether a resident of Kanab City or not, who engages in the business of selling and delivering of goods, wares and merchandise within Kanab City on a temporary basis, and who in furtherance of such business hires, leases, uses or occupies any approved building structure, public room in hotels or motels, lodging houses, apartments, shops or other approved structure or location within Kanab City for the exhibition and sale of such goods, merchandise, wares or services. Structures such as tents, air frame structured, and similar temporary structures are not permitted for business use under this title. Itinerant businesses of any type including merchants, operators of closing-out sales, hawkers, tradesman, repairman, home improvement contractors, or any others who are deemed by the City License Officer to be transients by reason of the nature or type of business in which they engage, or by the period of time in which they intend to engage in such business, shall pay the license fee of:

(1) Day Permit Fee $25

(2) Week (7 day) Permit Fee $50

(3) Fourteen day Permit Fee $75

(4) Three-Month Business License Fee $150

In addition to the above schedule, they shall pay a license fee of $35 for each employee for more than one employed in said business. Permits for a total of fourteen days may be issued during any calendar year. Thereafter, a three-month business license must be purchased if a licensee continue operation.

All other requirements of this Chapter shall be applicable.

Any person who the License Officer deems to be an itinerant merchant by reason of transience shall provide upon request of the License Officer at the time of application information relative to type and location of previous business experience, moral character and reputation, felony or misdemeanor convictions if any, and such information as may be reasonably required. In addition, the License Officer may require applicants to demonstrate origin of goods through bills of sale, purchase receipts or otherwise.

The applicant shall supply a statement of the nature of the services, goods or merchandise and examples of coupon books or discount cards for those intending to sell coupons or discount cards. The applicant must produce, at the time of application, a site plan of the location where the business shall be conducted, and either a letter of permission or a copy of a lease agreement from the owner of the property where such business shall be conducted. In addition, a cash or original corporate surety bond shall accompany the application in the amounts indicated by this Chapter.

B. Solicitors and Peddlers. It shall be unlawful for any solicitor, peddler, hawker or vendor of merchandise who has not been requested or invited to do so by the owner or owners, occupant or occupants of any private residents to enter in or on any private residential property within the City limits for the purpose of soliciting orders for goods, wares or merchandise, magazines, subscriptions or for the purpose of selling, disposing of, hawking or peddling the same or offering the same for sale unless they shall have first obtained a business license. A soliciting business license shall be issued to eligible candidates making application on a form furnished by the City License Officer. In addition to the information required by a general business license form, the following information shall be provided to the City License Officer:

    (a) Name and description of the applicant

    (b) Permanent home address and full local address of the applicant

    (c) A brief description of the nature of the business and the product to be sold

    (d) If employed by another, the name and address of the employer, together with credentials establishing the exact relationship.

    (e) The length of time for which the permit is desired

    (f) Whether the product is to be delivered at the door at the time of contact, or whether orders are taken for future delivery

    (g) In the event of future delivery, the proposed method of delivery and the place where the goods and properties for which orders is taken is manufactured or produced

    (h) A photograph of the applicant taken within 60 days immediately prior to the date of filing the application which picture shall be 2x2 showing the head and shoulders of the applicant in a clear and legible manner

    (i) The finger prints of the applicant, and the names of at least two reliable property owners of the County of Kane who will certify as to the applicants good character and business respectability, or in lieu of the names of references. Such other available evidence as to the good character and business responsibility of the applicant as will enable the investigator to properly evaluate such character and business responsibility

    (j) A statement as to whether or not applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefore; and

    (k) A surety bond running to the City in an amount to be set by the License Officer with surety acceptable to and approved by said officer, conditioned that said applicant shall comply fully with all the provisions of the ordinances of the City of Kanab and statutes of the State of Utah regulating and concerning the business of the solicitor and guaranteeing to any citizen of Kanab that all money paid as a down payment or otherwise will be accounted for and apply in the manner agreed and further guaranteeing to any citizen of the City of Kanab, doing business with said solicitor that the property purchased will be delivered and conform in all respects to the representations of the solicitor.

Upon receipt of such application, a copy shall be referred to the Chief of Police, who shall cause such investigation of the applicants business and moral character to be made as he deems necessary for the protection of the public good. If as a result of such investigation the applicants character or business responsibility is found to be unsatisfactory, application shall be disapproved and no permit will be issued. Otherwise, upon approval by the Chief of Police, but no later than 30 days from the date of application, and upon approval of the bond by the City Attorney, a permit shall be issued showing the date of issuance, the length of time it shall be operative and identifying description of any vehicle used in soliciting and canvassing and the number of the City Business License. The License Officer shall keep a permanent record of all permits issued.

At the time the permit is issued, a badge which shall contain the words "Licensed Solicitor", together with the holders name, the period for which the license is issued and the number of the license in letters and figures easily discernable from a distance of ten feet shall be provided. Such badge shall, during the time the permittee is engaged in soliciting, be worn constantly on the front of his outer garment in a way as to be conspicuous. Such badge can be obtained through the Police Department at a fee of $10. Each badge shall be approved by the License Officer.

The fee schedule shall be as follows:

(1) Day Permit Fee $25 per person

(2) Week (7 day) Permit Fee $50 per person

(3) Fourteen day Permit Fee $75 per person

(4) Three Month Business License Fee $150 per person

Permits for a total of fourteen days may be issued during any calendar year thereafter a three month business license must be purchased should one continue business.

All permits shall expire at the same time as the business license held by the permittee. A permit may be revoked by the City License Officer after notice and hearing for any of the following causes:

    (a) Fraud, misrepresentation or false statement contained in the application for license;

    (b) Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor or as canvasser;

    (c) Any violation of this ordinance;

    (d) Conviction of any crime or misdemeanor involving moral turpitude; or

    (e) Conducting the business of soliciting or canvassing in an unlawful manner, in such a manner as to constitute a breach of the peace or to constitute a menace to the safety or general welfare of the general public.

Notice of revocation shall be given in writing setting forth specifically the grounds of complaint and mailed to the permittee at the address shown in his application or otherwise reflected by the records of the City License Officer. Appeal or other enforcement of the notice of revocation shall be conducted in accordance with this Chapter.

Wherever a residents private road or cluster of residences is clearly marked or posed by a placard or other notice advising that no soliciting or canvassing is desired, the permit issuer issued hereunder, shall not authorize the licensee to call upon such resident or homes and a failure to heed such notice may be considered tp be a criminal trespass, as well as a violation of this ordinance.

This section does not apply to girl scouts, campfire girls, boy scouts, youth sports leagues and members of similar organizations when soliciting on behalf of said organizations.

This Chapter does not apply to persons soliciting charitable contributions on behalf of a church or organization of churches of any domination in any non-profit agency duly constituted by a church, churches or dominations to carry on religious education, inter-dominations or the like.

This Chapter does not apply to any non-profit corporation or non-profit voluntary unincorporated association organized for charitable purposes.

This section does not apply to Western Legends, Fiddle fest and members of similar organizations when they are sponsored by or participate in an activity with non-profit corporation or non-profit voluntary unincorporated organized for charitable purposes.

This Chapter does not apply to any persons who go from private residents to private residents for political purposes or for the purpose of influencing legislation.

C. Junk Dealers and Junk Yards. Every person buying or selling junk, or any person who maintains or operates a junk yard within Kanab City shall pay a license fee of $150 per year. Anyone who maintains a lot for purposes of storing used metal material, wood material, cement material, rock, plastic material, auto bodies or parts thereof, or refuse material of any kind for the purpose of reselling all or any part thereof to the public shall be considered to be a junk dealer or operator of a junk yard.  Any person engaged in buying or selling junk or any person who maintains or operates a junk yard shall keep a record which shall contain a description of every article they purchase, including serial number if available, the name, age and residence of the vendor, the amount paid, and the date of purchase.

(D) Fireworks. Every person engaged in the business of offering fireworks for sale as allowed by Kanab City Ordinance and as defined by section

 (F) Itinerant Merchandising of Goods or Services; shall be required to pay a business license fee in the amount of  $200.

(E) Auctioneers. The fee for an auctioneer's license shall be $100 per year or $25 per day.

For the purpose of this subsection, an auctioneer is a person who conducts a public competitive sale of property 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 provisions of this subsection shall not apply to auctions held for charitable purpose, church affair, festival or bazaar, the sale of animals or farm produce, judicial sales, sales by executors or administrators, or sales by the Sheriff or constable.

Before any sale is made at auction, the licensee must attach to each article to be sold which has a retail value of $5 or more a card with an identifying number endorsed thereon, and each licensee shall maintain a list of all articles sold a auction for a retail price of $5 or more, giving any identifying numbers or markers which may be on the articles indicating opposite the description of each article whether it is new or used, showing the identifying number assigned to the article, the name and address of the purchaser, and the date of sale. The licensee shall keep said list for a period of one year following the date of sale. Each licensee shall at the time of selling an article at public auction give the purchaser a receipt which shall contain the name of licensee, date of sale, description of article sold and identifying number assigned to the article.

No person shall act in any sale by auction as a "booster" to bid on behalf of the auctioneer or owner, or to run up the price of the articles to be sold or make any false bids. The licensee, or if a corporation, one of the officers of the licensee, shall remain in continuous attendance during the auction. All persons participating in sales much correctly represent at all times to the public the facts with respect to the quality of the merchandise being sold.

It shall be the duty of the licensed auctioneer to receive all articles which may be offered for sale at auction and give receipts therefore. At the close of any sale, the auctioneer shall deliver a fair account of such sales and pay the amount received for such articles to the person entitled thereto.

A licensee under the provisions of this subsection shall not be subject to the bond provisions set forth above, but rather shall post a corporate surety bond to the City as surety in the sum of $10,000 acceptable to the License Officer conditioned upon faithful observance of all laws and ordinances of the City, honest performance of all duties required by this Chapter and for the protection of all persons dealing with such auctioneer against fraud, deception and imposition.

(F) Produce Peddlers. The fee for a permit for a farm peddler to carry on the business of peddling shall be in accordance as required by this Chapter.

For the purpose of this subsection, a produce peddler is defined as any person who goes from place to place to solicit for the sale of or offers to sell or exchange for retail at a single location in Kanab City any garden or farm produce, fruit, butter, eggs, and commercially prepared frozen food products which have been State or Federally inspected, or any person keeping produce, goods, wares or merchandise of the kind described herein in a private residence and/or soliciting trades therefore in person, by agent or by telephone.

Nothing in this subsection shall be construed to permit the peddling of fresh or cured meat or fish and the peddling of the same is hereby prohibited. The provisions of this subsection shall not apply to persons peddling or offering for sale at this residence or farm any butter, eggs, fruit, vegetables or poultry raised or produced by such person.

It shall be unlawful for any peddler to pursue the business of peddling within a one-block radius of a school building for that period of time fifteen minutes prior to when the schools are in session and continuing through and until fifteen minutes after the school session has ended, or when student activities are in progress, or in public parks or play grounds.

Peddlers are hereby prohibited from displaying their wares outside of their vehicle on public streets and sidewalks within Kanab City.

(G) Special Events, Exhibitions, Concerts and Performances. Any individuals or groups putting on performances, exhibitions, concerts or other entertainment activities, fairs, displays for which a fee may or may not be charged either to the public or to the hiring entity, including but not limited to musical aggregations, circuses, carnivals, rodeos, fight promoters, racing promoters, demolition derbies, displays and exhibitions, fairs, live shows and entertainers of any kind shall obtain a license.

All individuals or groups coming under this sub-section shall obtain a license for each particular event during which they present a public performance, concert, exhibition, fairs, live show, and entertainers.

Should the licensee provide for the opportunity for other sublicensees to participate in the activity by way of contracting, encouraging, requesting the participation of sublicensees who will be conducting business related activities, a permit much be submitted for each sublicensee and a fee of $5. for each sublicensee shall be submitted with the application and payment of the license for this special event activity. Should the licensee promoting this event by exempt from paying a business license fee, this title in no way relieves the licensee of the obligation to comply with all other terms in this chapter and title.

The fees shall be as follows:

(1) Exhibitions and Performances:

For Exhibitions and performances, the license fee shall be $50. for each 24-hour period during which such performance or exhibition is presented.

(2) Carnival, Circus or Parts Thereof:

(a) The license fee for any type of carnival or circus shall be $300 for each days performance.

(b) The license fee for operating mechanical or animal rides shall be $25 for the first week in addition to any other fees required herein. Thereafter they shall be licensed in accordance as required by this Chapter.

A license pursuant to this section shall not be issued until arrangements are made to conduct such activity on private property, and until liability insurance acceptable to the City in accordance with AM Best Rating is provided in the sum of $1,000,000 dollars per occurrence, $500,000 per person, and $250,000 for property damage, which shows on its face the condition to protect and indemnify the Kanab City against any loss or liability arising from such activity.

(H) Bonding Requirements. In connection with the issuance of a license to any of those businesses in this section for which the posting of a cash or corporate surety bond is required in addition to the regular license fee, said bond shall be deposited with the City Treasurer. In the event of a surety bond, the bond shall run to the City with a surety acceptable and approved by the City License Officer. Factors to be considered when determining bond requirements are the background of the applicant, the nature of the business, the regulatory duties imposed on City departments, the opportunity to defraud consumers inherent in the type of business, or any combination of these.

The bond shall be conditioned upon the applicant complying with all provisions of ordinance and statute concerning the business, and further will guarantee to any citizen of Kanab City doing business with said entity that the property or services purchased will be delivered and of the quality as represented by the applicant. Action on such bond may be brought in the name of the City for its own benefit or for the benefit an aggrieved citizen. Proof or renewal of such bond, if other than cash, must be presented each time a license is renewed.

Upon surrender or expiration of a license, the bond shall be refunded or exonerated, provided there exist no violations of City or State Law during the conduct of the business and there are no persons wishing to make a claim against the bond. The City License Officer may delay refunding or exonerating of the bond for a period of up to 90 days in order to determine the existence of any violations or of any aggrieved persons. In the event of revocation of the license, the License Officer shall have the option of retaining all or any part of the bond for purposes herein. Any licensee for whom a bond is required shall set forth on a form prescribed by the License Officer the designation of agent for Service of Process, said agent to be a resident of Kanab City.

Section 9-452  Definitions

A. "Transient merchant," "itinerant merchant" or "itinerant vendor" is defined as any person, firm or corporation, whether as owner, agent, co-signee or employee, whether or not a resident of the municipality, who engages in a temporary business of selling and delivering goods, wares and merchandise within the municipality, and who in furtherance of such purposes, hires, leases, uses or occupies any building, structures, motor vehicle, tent, railroad boxcar, public room in any hotel, motel, lodging house, apartment, shop or any street, alley, or other place within the municipality, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of this part merely by reason of association temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader merchant or auctioneer.

B. "Peddler" as used in this part shall include any person, whether or not a resident of the municipality, traveling by foot, wagon, motor vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying, or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, motor vehicle, railroad car, or other vehicle or conveyance, and further provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as part of a scheme or design to evade the provisions of this part. The word "peddler" shall include the words "hawker" and "hucksters".

C. "Canvasser" or "solicitor" means any individual whether or not a resident of the municipality, traveling either by foot, wagon, motor vehicle, or other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take order for the sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale, or whether he is collecting advance payments on such sales, provided that such definition shall include any person who, for himself, or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, hotel or motel room, lodging house, apartment, shop or any other place within the municipality for the sole purpose of exhibiting samples and taking order for future delivery.

Section 9-453  Application For License

A. Applicants for permits and licenses under this part shall file a sworn application in writing, signed by the applicant, if an individual; by all partners, if a partnership; and by the president if a corporation, of by an agent, including a state or regional agent, with the recorder/clerk which shall give the following information:

    1. The name of the applicants, and if the applicant is an employee or agent of a corporation, the address of the corporation.

    2. The address of the applicant, and if the applicant is an agent or employee of a corporation, the address of the corporation.

    3. A brief description of the nature of the business and the goods to be sold and from whom or where the applicant obtains the goods to be sold.

    4. If the applicant is employed by or an agent of another person, the name and permanent address of such other person or persons.

    5. The length of time for which the applicant desires to engage in business.

    6. The place or places within the municipality where the applicant proposes to carry on his or her business.

    7. A list of the other municipalities in which the applicant has engaged in business within the six month period preceding the date of the application.

    8. A photograph of the applicant, taken within six months immediately prior to the date of filing the application, which photograph shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner.

    9. A statement as to whether or not the applicant, or any of his employers have been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.

    10. If the applicant desires to sell fresh vegetables, fruits, meats, or other foodstuffs, a statement by a reputable physician of the state of Utah, dated not more than ten days prior to submission of the application, certifying the applicant to be free of infectious, contagious, or communicable diseases.

    11. If the applicant is employed by another person, firm or corporation, documents showing that the person, firm, or corporation of which the applicant proposes to do business is authorized to do business within the state of Utah.

B. At the time of filing the application, a fee, which shall be set from time to time by resolution of the governing body, is required, which shall be deposited with the recorder/clerk.

Section 9-454  Investigation And Issuance Of License

A. On receiving the application, the recorder/clerk shall refer it to the chief of police who shall within five days of receipt thereof cause such investigation of the applicant's business and moral character to be made as he deems reasonable and necessary for the protection of the public good.

B. If as a result of the investigation the applicant's character of business responsibility is found to be unsatisfactory, the chief of police shall endorse such upon the application together with a statement of his reasons therefor and return the application to the recorder/clerk who shall notify the applicant that his application has been disapproved and that no permit and license will be issued.

C. If as a result of such investigation, the character and business responsibility of the applicant is found to be satisfactory, the chief of police shall endorse such upon the application and return it to the recorder/clerk who shall upon payment of the prescribed license fee deliver to the applicant his permit and issue a license. Such license shall contain the signature of the issuing officer and shall show the name, address and photograph of the licensee and the kind of goods to be sold pursuant to the application together with an expiration date.

D. Investigation and Issuance of License - On receiving the application for a special event, the recorder/clerk shall refer it to the Chief of Police who shall within five days of receipt thereof cause such investigation of the applicant's special event as to determine and make a recommendation of additional security required for the special event as the Chief deems reasonable and necessary for the protection of the public. A committee composed for the (1) Mayor (2) City Manager and (3) Council person over public safety, shall approve by a majority vote, the final determination of the amount of additional security needed for said event. The cost and arrangement of the additional security shall be the responsibility of the applicant.

Section 9-445  Fees

A. The license fee which shall be charged by the recorder/clerk for any license issued pursuant to this part shall be $150.00.

B. None of the license fees provided for by this part shall be applied so as to engaged an undue burden upon interstate commerce. In any case where a license fee is believed by the licensee of applicant for license to place an undue burden upon interstate commerce, he or she may apply to the mayor for an adjustment of the fee so that it will not be discriminatory, unreasonable, or unfair to interstate commerce. Such application may be made before, at or within six months after paying the prescribed license fee.

Section 9-456  Licenses, Badges, Revocation, Expiration, Appeal

A. A recorder/clerk shall issue to each licensee at the time of delivery of his license a badge which shall contain the words "Licensed Solicitor," "Licensed Transient Merchant," or "License Peddler" as the case may be, for which the application was made and the license issued, and the number of the license, in letters and figures easily discernible from a distance of five feet. Such badge shall, during the time peddlers or solicitors are engaged in the business for which they are licensed, be worn constantly by them on the front of their outer garment in such a way as to be conspicuous.

B. Any person licensed pursuant to this part shall exhibit their license at the request of any citizen of the municipality.

C. It shall be the duty of any police officer of this municipality to require any person seen soliciting, canvassing or peddling, and who is not known by such officer to be duly licensed, to produce his or her license and to enforce the provisions of this part.

D. Revocation of license.

    1. Permits and licenses issued pursuant to this part may be revoked by the chief of police or the recorder/clerk, after notice and hearing, for any of the following causes:

        a. Fraud, misrepresentation of a false statement contained in the application for the license.

        b. Fraud, misrepresentation for false statement made in the course of carrying on his business as solicitor or canvasser.

        c. Any violation of this part.

        d. Conviction of any crime or misdemeanor involving moral turpitude.

        e. Conducting the business of soliciting, or of canvassing in an unlawful manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

    2. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address or at the address shown on his application. The hearing and notice shall in all other aspects comply with Chapter 1-400.

E. Any person aggrieved by the action of the chief of police or the recorder/clerk in the denial of a permit or a license issued pursuant to this part, or by the action of the city council of the municipality may appeal. Such appeal shall be taken by filing with the council within 14 days after notice of the action complained of has been mailed to such persons's last known address or address on the business application, a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for the hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as above provided in section D.

F. All licenses issued pursuant to this part shall expire on the date specified on the license.

Section 9-457  Additional Requirements

This part shall not be construed so as to waive the provisions and requirements of any other ordinance of this municipality and the requirements and fees required herein shall be in addition to any other requirements and fees of any other ordinance of this municipality.

Section 9-458  Exceptions

The provisions of this part shall not apply to any individual, who, at the time he is engaged in any activity which would otherwise require licensing by this part, is engaged in an activity which is authorized by any church or charity which has a permanent structure located within the state of Utah, provided such church or charity has had such permanent structure for at least six months prior to the date when the individuals engaged in the activity which would otherwise require licensing by this part.

Section 9-460  Exhibitions, Concerts And Performances

See Section 9-451-G

Section 9-461  Practitioners Of Occult Arts And Sciences

Anyone engaging in business of a type described in Section 9-154 shall provide upon request of the City License Officer, at the time of application for a business license, information relative to the types and locations of his previous business experience, his moral character and reputation including felony or misdemeanor convictions, if any, involving moral turpitude, credit references, and such other information as may be reasonably calculated to assist in determination of the applicant's ability to engage in business in a manner compatible with the public health, safety and general welfare. If requested by the City License Officer, the applicant shall provide the Officer with two recent photographs, one of which shall be affixed to the taking of a set of fingerprints by the City Police Department, and sign his name to the registration record kept by the Officer and to which the fingerprint card will be attached.

Section 9-462  PawnSection brokers, Swap Meets, Secondhand Dealers

Any person engaged in the business of lending money upon deposit or pledge of personal property or other thing of value, other than securities or printed evidence of indebtedness, or in the b