Park City, Utah

4-14A-9. REPEAL OF INCONSISTENT TAXES AND FEES.

CHAPTER 15 - FOR-HIRE VEHICLE LICENSING

4-15- 1. DEFINITIONS

4-15- 2. REQUIREMENTS FOR FOR-HIRE VEHICLE OPERATION

4-15- 3. FEES

4-15- 4. FOR-HIRE VEHICLE PERMITS FOR ALL VEHICLES AUTHORIZED UNDER BUSINESS

4-15- 5. VEHICLE INSPECTION PRIOR TO LICENSING

4-15- 6. LICENSE REQUIREMENTS FOR OPERATORS

4-15- 7. COMPLIANCE RESPONSIBILITY

4-15- 8. UNLICENSED OPERATOR UNLAWFUL

4-15-9. STATE MOTOR VEHICLE ENDORSEMENT OR COMMERCIAL DRIVERS LICENSE REQUIRED

4-15-10. COMPLIANCE WITH CITY, STATE AND FEDERAL LAWS

4-15-11. IDENTIFYING DESIGN

4-15-12. DISPLAY OF ADDITIONAL CHARGES

4-15-13. RECEIPTS FOR PAYMENT OF FARE

4-15-14. HIRING VEHICLE WITH INTENT TO DEFRAUD

4-15-15. REFUSING TO PAY LEGAL FARE

4-15-16. DIRECT ROUTE REQUIRED

4-15-17. PROHIBITED SOLICITATION PROCEDURES

4-15-18. SOLICITATION OF HOTEL BUSINESS PROHIBITED

4-15-19. ENGAGING IN LIQUOR OR PROSTITUTION TRAFFIC PROHIBITED

TITLE 4 - LICENSING

CHAPTER 1 - IN GENERAL

4- 1- 1. DEFINITIONS.

All words and phrases used in this title shall have the following meanings unless a different meaning clearly appears from the context:

4-1-1.1 ALCOHOLIC BEVERAGES. Includes "beer" and "liquor" as they are defined herein.

4-1-1.2 ARCADE. A business dedicating at least eighty-five percent (85%) of its square footage to amusement games only, and not more than fifteen percent (15%) dedicated to concession and/or cashiering. No food preparation is allowed and alcoholic beverages may not be sold.

4-1-1.3 BEDROOM. Each room in a hotel, motel, lodge, timeshare project, condominium project, single family residence or other nightly lodging facility that is intended primarily for the temporary use of transient guests for sleeping purposes.

4-1-1.4 BEER. Any beverage containing not less than one-half of one percent (.5%) of alcohol by weight and obtained by the alcoholic fermentation of an infusion or decoction of any malted grain, or similar products. "Heavy beer" means beer containing more than three point two percent (3.2%) of alcohol by weight. "Light beer" means beer containing not more than 3.2% of alcohol by weight. "Beer" may or may not contain hops or other vegetable products. "Beer" includes ale, stout and porter.

4-1-1.5 BEER LICENSE - SPECIAL EVENT TEMPORARY. A license issued by the City to an individual or organization for a maximum period of time of seventy-two (72) consecutive hours to sell beer at an event. Person's holding a Special Event Temporary beer license from a local authority are not required to obtain a State on-premise beer license.

4-1-1.6 BEER RETAILER. Any business establishment engaged, primarily or incidentally, in the retail sale or distribution of beer to public patrons, whether for consumption on or off the establishment's premises, and that is licensed to sell beer by the Commission and Park City.

4-1-1.7 BEER RETAILER - ON PREMISE. Any beer retailer engaged, primarily or incidentally, in the sale or distribution of beer to public patrons for consumption on the retailer's premises. It includes taverns.

4-1-1.8 BUSINESS. A distinct and separate person or entity engaging in business, as those terms are defined herein. A business is distinguished from another business by separate state sales tax numbers or separate ownership.

4-1-1.9 CHARITABLE ORGANIZATION. "Charitable Organization" means any recognized religious organization, or any social or welfare organization recognized and dedicated to the relief of the poor, care of the sick or elderly, or aid to victims of disaster, catastrophe, or personal tragedy.

4-1-1.10 COMMERCIAL VEHICLES AND TRAILERS. Businesses that utilize motor vehicles as their normal course of business, but do not transport people to, from and within Park City for a fee. Such Businesses include but are not limited to delivery trucking, commercial hauling, snow removal services, u-haul or other cargo rental vehicles, concrete trucks and dump trucks.

4-1-1.11 COMMISSION. The State of Utah Alcoholic Beverage Control Commission.

4-1-1.12 CONDUCTING BUSINESS. For purposes of this Title the term "conducting business" shall include the sale or offering for sale of any goods or merchandise, or the offering or performing of any service for valuable consideration of any kind.

4-1-1.13 CORPORATE SPONSOR. Any business enterprise or combination of business enterprises which provide funding for any special event in the amount of fifty percent (50%) or more of the funds necessary to promote the event or account for 50% or more of the events operating expenditure budget.

4-1-1.14 DESIGNEE. A Park City staff member qualified to process liquor-related applications and renewals.

4-1-1.15 DIRECTOR. The Administrative Services Director of Park City.

4-1-1.16 DIVISION. The Park City Business Licensing Division.

4-1-1.17 EMPLOYEE BASED. Businesses which lease or otherwise provided employees to other Businesses or any Person in return for consideration. Such Businesses include but are not limited to employment agencies and security firms.

4-1-1.18 ENGAGING IN BUSINESS. Includes all activities engaged in within the corporate limits of Park City carried on for the purpose of gain or economic profit, except that the acts of employees rendering service to employers shall not be included in the term business unless otherwise specifically prescribed. "Engaging in business" includes but is not limited to, the sale or rental of tangible personal or real property at retail or wholesale, the manufacturing of goods or property and the rendering of personal services for others for a consideration by persons engaged in any profession, trade, craft, business, occupation, or other calling, except the rendering of personal services by an employee to his employer under any contract of personal employment.

4-1-1.19 FIREWORKS PERMIT. A permit issued by the City Fire Marshal for aerial or concession fireworks, pursuant to the Uniform Fire Code.

4-1-1.20 HOURLY UPHILL LIFT CAPACITY. The aggregate number of persons that can be accommodated per hour by all of the ski lifts in a given ski resort operating at the maximum safe rate of operation.

4-1-1.21 HOURLY USER CAPACITY. The maximum number of persons that can be safely and reasonably accommodated per hour by an amusement park, golf course, athletic club, theater bowling alley, tennis club, racquetball club, swimming pool, and any other recreational, sports, or entertainment facility.

4-1-1.22 LICENSEE. Any person holding any beer or liquor license in connection with the operation of a place of business or private club. This term shall also include beer or liquor handling employee of the licensee. The licensee is responsible for the acts and omissions of its employees.

4-1-1.23 LICENSED PREMISE. Any room, building, structure, or place occupied by any person licensed to sell beer or to allow the consumption or storage of liquor on such premises under Chapter 4 ; provided that in any multi-roomed establishment, an applicant for an on-premise or off-premise beer license shall designate a room or portion of a building of such business for the consumption or the sale of beer, which portions shall be specifically designated in the application and, in the license issued pursuant thereto, shall be the licensed premises. Multiple dining facilities located in one building, owned or leased by one license applicant and subject to the same type of beer or liquor license shall not be deemed separate licensed premises, and shall not be required to obtain a separate license for each area.

4-1-1.24 LICENSE FEE(S). Includes the administrative fee and service enhancement fee as defined by the Business License Fee Schedule .

4-1-1.25 LIQUOR. Includes alcohol, or any alcoholic, spirituous, vinous, fermented, malt or other liquid combination of liquids, a part of which is spirituous, vinous, or fermented, and all other drinks or drinkable liquids, containing more than one half one percent (.5%) of alcohol by volume ; and all mixtures, compounds or preparation, whether liquid or not, which contain more than one-half of one percent (.05%) of alcohol by volume, and which are capable of human consumption; except that the term "liquor" shall not include any beverage defined as beer, malt liquor or malted beverage that has an alcohol content of less than four percent (4%) alcohol by volume.

4-1-1.26 MASTER FESTIVAL. Any event held on public or private property in which the general public is invited with or without charge and which creates significant public impacts through any of the following:

(A) the attraction of large crowds;

(B) necessity for street closures on Main Street or any arterial street necessary for the safe tne efficient flow of traffic in Park City;

(D) use of City transportation services;

(E) use of off-site parking facility; or

(F) use of amplified music in or adjacent to a residential neighborhood.

4-1-1.27 MOBILE FOOD VENDOR. Any motor vehicle from which consumable on-site food service is offered. Mobile food vendors are restricted to serving construction sites.

4-1-1.28 MONTHLY RENTAL FACILITY - UNDER MANAGEMENT. Any place where rooms or units are rented or otherwise made available by a manager or management company for residential purposes on a monthly or longer time basis, but not including monthly or longer rental by the owner of the property without management.

4-1-1.29 NIGHTLY LODGING FACILITY. Any place where or any portion is rented or otherwise made available to persons for transient lodging purposes for a period less than thirty (30) days including, without limitation, a hotel, motel, lodge, condominium project, single family residence or timeshare project.

4-1-1.30 NON-PROFIT CORPORATION. A corporation, no part of the income of which, is distributable to its members, trustees or officers, or a non-profit cooperative association.

4-1-1.31 NUISANCE. Any licensed premises where: Alcoholic beverages are manufactured, sold, kept, bartered, stored, consumed, given away or used contrary to the Alcohol Beverage Control Act, the Utah Liquor Commission Rules and Regulations, or this Code; or intoxicated persons are permitted to loiter about, or profanity, indecent, immoral, loud or boisterous language or immoral, unruly, disorderly, lewd, obscene conduct is permitted, or carried on; or persons under the age of twenty-one (21) are permitted to purchase or drink beer or liquor; or city, county, state or federal laws or ordinances are violated by the licensee or his agents or patrons with the consent or knowledge of licensee which tend to affect the public health, safety, peace, or morals; or patrons are throwing litter or other objects within the licensed premises or from the licensed premises in a manner which tends to affect the public safety or health; or patrons are permitted to remove opened containers of alcoholic beverages or glasses containing alcoholic beverages from the licensed premises to the public street or way; or persons who are not members, or guest members of a private club or accompanied by members as their "visitors", as defined by State law, in any private club are permitted to remain in that club without obtaining a permanent or temporary membership.

4-1-1.32 OO.SKIER DAY. A three (3) year average of the total number of lift tickets sold annually, including daily lift tickets, resident coupons, complimentary tickets, and an estimated average of season pass holders daily use. The three year average shall be calculated by the Ski Resort and shall include the three most recent years of operation from November 1 through June 30. the City may audit the analysis and any business records relied upon for the analysis. The calculation shall be submitted to the Finance Department by October 15th of each year.

4-1-1.33 PEDDLER. A person who carries goods or merchandise with him or her and sells or offers for sale those goods or merchandise on a door-to-door or transient basis rather than from a fixed location.

4-1-1.34 PERSON. Any individual, receiver, assignee, trustee in bankruptcy, trust, estate, firm, partnership, joint venture, club, company, business trust, corporation, association, society or other group of individuals acting as a unit, whether mutual, cooperative, fraternal, non-profit, or otherwise.

4-1-1.35 PLACE OF BUSINESS. Each separate location maintained or operated by the licensee within Park City from which business activity is conducted or transacted. A location shall be identified by street address or by building name if a street address has not been assigned. "Place of business" as used in connection with the issuance of beer and liquor licenses means cafes, restaurants, public dining rooms, cafeterias, taverns, cabarets, and any other place where the general public is invited or admitted for business purposes, including any patios, balconies, decks, or similar areas, and also means private clubs, corporations and associations operating under charter or otherwise wherein only the members, guest members and their visitors are invited. Occupied hotel and motel rooms that are not open to the public shall not be "places of business" as herein defined.

4-1-1.36 PRIVATE CLUB. A non-profit corporation operating as a social club, recreational, fraternal or athletic association, or kindred association organized primarily for the benefit of its stockholders or members and operating under authority of a license granted by the Alcohol Beverage Control Commission in accordance with U.C.A. §32A-5-101 , et seq.

4-1-1.37 RESTAURANT. A place of business where a variety of hot food is prepared and cooked and complete meals are served to the general public in indoor dining accommodations, or in outdoor accommodation and is engaged primarily in serving meals to the general public.

4-1-1.38 RETAILER. Any person engaged in the sale or distribution of alcoholic beverages to the consumer.

4-1-1.39 ROUTE DELIVERY. Any delivery made to customers of a business which makes repeated door-to-door deliveries to the same households along designated routes with an established time interval in between delivery visits. The majority of such deliveries must be to fulfill orders previously made by the customer. However, nothing in Chapter 3 shall prevent orders from being taken from established customers and filled during such delivery visits. Such businesses will include, but not be limited to, dairies and sellers of bulk meats or produce.

4-1-1.40 SELL OR TO SELL. Any transaction, exchange, or barter whereby, for any consideration, an alcoholic beverage is either directly or indirectly transferred, solicited, ordered, delivered for value, or by any means or any pretexts promised or obtained, whether done by a person as a principal, proprietor, or as an agent, servant or employee unless otherwise defined in this title.

4-1-1.41 SET-UP. Glassware, ice, and/or mixer provided by a licensee to patrons who supply their own liquor.

4-1-1.42 SKI RESORT. A ski area, such as the Park City or Deer Valley Ski Areas, which is operated as a distinct and separate enterprise, and which shall be deemed to include, without limitation, the ski runs, ski lifts, and related facilities that are part of the ski area and primarily service the patrons of the ski area. The ski resort includes ski instruction, tours, first aid stations, parking garages, management and maintenance facilities, and workshops, but does not include food service, ski rentals, or retail sales of goods or merchandise, which are all deemed separate businesses even if owned by a resort operator.

4-1-1.43 SOLICITED DELIVERY. A delivery of previously ordered goods or services or the United States Mail. Solicited delivery includes, but is not limited to, the delivery of newspapers or publications pursuant to a subscription, the United States Mail, parcel delivery services, businesses engaging in route delivery or persons delivering previously ordered goods or services on behalf of an established retailer of those goods or services.

4-1-1.44 SOLICITOR. A person who contacts individuals or the general public for the purpose of taking orders for goods or services, or encouraging attendance at sales presentations, lectures, seminars, or the like at which goods or services are promoted or offered for sale, whether the presentation is held within Park City or not, provided that the solicitor makes contact with the public at a location other than at the regular place of business at which the goods or services are actually sold or performed. For purposes of Chapter 3 , the term "goods or services" shall include merchandise, produce, personal services, property services, investment opportunities, franchises, time intervals in the use of ownership or real property, and any other kind of tangible or intangible thing that is given in exchange for a valuable consideration.

4-1-1.45 SPECIAL EVENT. Any event, public or private, with either public or private venues, requiring City licensing beyond the scope of normal business and/or liquor regulations, as defined by this Code; or creates public impacts through any of the following:

(A) use of City personnel;

(B) impacts via disturbance to adjacent residents;

(D) disruption of the normal routine of the community or affected neighborhood; or

(E) necessitates special event temporary beer or liquor licensing in conjunction with the public impacts. Neighborhood block parties or other events requiring street closure of any residential street that is not necessary for the safe and efficient flow of traffic in Park Ctiy for a duration of less than one day shall be considered a Special Event.

4-1-1.26 SPECIAL EVENTS MANAGER. The Special Events Manager or his/her designee within the Department of Special Events and Facilities.

4-1-1.27 STREET CLOSURE. The deliberate blockage of any public street or City owned parking facility to prohibit the flow of traffic or access of vehicles. Any non-construction Street Closure shall require a Master Festival or Special Event License.

4-1-1.48 SPONSOR. A person, group, or business which has contracted to provide financial or logistical support to any Special Event or Master Festival. Such agreement may provide for advertising rights, product promotion, logo promotion, exclusivity of rights, products, or logos.

4-1-1.49 SQUARE FOOTAGE. The aggregate number of square feet of area within a place of business that is used by a licensee in engaging in its business.

4-1-1.50 UNIT. Any separately rented portion of a hotel, motel, condominium, apartment building, single family residence, duplex, triplex, or other residential dwelling without limitation.

4-1-1.51 UNSOLICITED DELIVERY. The delivery of any unsolicited newspaper or publication, sample product or advertising material. Unsolicited newspapers or publications, sample products or advertising material shall include, but not be limited to, handbills describing or offering goods or services for sale, any goods or products that were not previously ordered by the home owner or occupant, any newspaper or publication delivered without a subscription by the owner or occupant, and any coupons or rebate offers for goods and services.

4-1-1.52 VENUE. The location or locations upon which a Special Event or Master Festival is held, as well as the ingress and egress route when included in the festival license.

4-1-1.53 WHOLESALER. Any person other than a licensed manufacturer engaged in importation for sale or in the sale of beer, malt liquor, or malted beverages in wholesale or jobbing quantities to retailers.

(Amended by Ord. No. 01-31)

CHAPTER 2 - BUSINESS LICENSING IN GENERAL

4- 2- 1. UNLAWFUL TO OPERATE WITHOUT A LICENSE.

Unless exempted by state or federal law or by this Title, it shall be unlawful for any person to engage in business within Park City, whether on a temporary or permanent basis, without first procuring the license required by this chapter. All licenses issued under the provisions of this Title are non-transferrable and expire on December 31st of each year.

4- 2- 2. DOUBLE FEE FOR FAILURE TO OBTAIN REQUIRED LICENSE.

Unless exempted by state or federal law or by this Chapter, any person who engages in business prior to submitting a completed application and payment of all fees shall pay double the specified fee for said license. The payment of such double fee shall not relieve any person from fully complying with all the requirements of this Code, nor from any other prescribed penalties.

4- 2- 3. NO TEMPORARY LICENSES.

Any person engaging in business on a temporary basis within Park City shall be required to obtain the license required by this Chapter in the same manner and shall be subject to the same fees as a person engaging in business on a permanent basis within Park City.

4- 2- 4. LICENSE APPLICATION.

Applications for business licenses shall be made in writing to the Director or his or her designee. Each application shall state the name of the applicant, the location of the business, if any, the fee and tax to be paid, the name and address of the business agent residing in Park City who is authorized to receive service of process and any communication regarding applicant's license, state sales tax reporting number, state contractor's license number, if applicable, and state real estate broker's license number, if applicable, and shall contain such additional information as may be needed for the purpose of guidance of the Director in issuing the license. Any change in the above information furnished by the applicant shall be forwarded in writing, within ten (10) days of the change, to the Director. License application forms shall be prepared and kept on file by the Director or his or her designee.

4- 2- 5. APPLICATION FEE.

Each license application shall be accompanied by the business license fee required to be paid for the issuance of the license desired.

4- 2- 6. REFUND OF FEE.

Unless otherwise provided herein, no business license fee is refundable for any reason whatsoever, once the license has been issued by the City, except when the license was issued in error. If a license is denied, applicant shall be entitled to a refund of the amount paid in excess of twenty-five dollars ($25.00). The sum of $25.00 shall be retained to offset application processing costs.

4- 2- 7. INVESTIGATION.

Upon a reasonable belief that the applicant or Licensee has a fraud or felony conviction or prior criminal background or pending criminal proceeding, the Director may refer the application or Licensee for investigation to the Police Department. The Director or his or her designee may at any time inspect the business premises during normal business hours or request business documents maintained pursuant to Section 4-2-26 to verify a new application or existing Licensee.

4- 2- 8. INSPECTIONS FOR CODE COMPLIANCE/NOTICE OF INFRACTION/ LICENSE REVOCATION/COMPLAINT FILED BY CITY ATTORNEY.

Prior to the issuance of a license to engage in a new business not previously licensed at that location, or an existing business with a change of location, the applicant shall be required to permit inspections to be made of the prospective place of business of the applicant by the appropriate departments of the City or other governmental agency to ensure compliance with building, fire, and health codes. No license shall be granted unless any required inspections reveal that the prospective place of business is in substantial compliance with the building, fire, and health codes. In addition to the business license fees, all new businesses or business locations shall pay an inspection fee as set forth in the rate tables in effect at the time of application.

Existing places of business licensed within the City may be inspected periodically by departments of the City for compliance with building, fire, and health codes. Written notice shall be given by the Director or his or her designee to a licensee upon the finding of any code infractions which notice shall provide for a reasonable period not to exceed sixty (60) days in which to correct such infractions, the failure of which shall result in the revocation of the license by the Director or his or her designee.

The Director or his or her designee may request the City Attorney to file a complaint against any applicant or any licensee who continues to conduct business beyond the time limits provided in this section for non-compliance with the required standards.

4- 2- 9. LICENSE DENIAL/ REVOCATION.

The Director or his or her designee may deny or revoke a license if the applicant:

(A) Has been convicted of a fraud or felony by any state or federal court within the past five (5) years or now has criminal proceedings pending against him in any state or federal court for fraud or a felony;

(B) Has obtained a license by fraud or deceit;

(C) Has failed to pay personal property taxes or other required taxes or fees imposed by the City;

(D) Has violated the laws of the State of Utah, the United States Government, or the ordinances of Park City governing operation of the business for which the applicant is applying for the license; or

(E) Is located within the boundaries of the Main Street Business Improvement District (BID) and has failed to pay the business promotion tax, set by separate ordinance, or any applicable solid waste management charges or fees. Proof of up-to-date payment will be required prior to license approval or renewal.

(Amended by Ord. No. 07-58)

4- 2-10. LICENSE ISSUANCE OR DENIAL.

Upon receipt by the Director or his or her designee of a completed license application and full payment of the fees, the City will not prosecute under Section 4-2-1 of this chapter for doing business without a license during the review and inspection process. The Director or his or her designee shall notify the applicant of:

(A) the denial of a license and the reason for such denial; or

(B) the issuance of the license. Any applicant doing business during the review period proceeds at their own risk and no legal or equitable rights exist prior to the issuance of the actual license certificate.

4- 2-11. APPEALS OF LICENSE DENIAL.

A license denial by the Director or his or her designee may be appealed within ten (10) days to the Park City Council by written notice of appeal. The request is to be filed with the Recorder. The Park City Council shall hear the appeal within thirty (30) days of notice of appeal.

4- 2-12. ISSUANCE OF LICENSE CERTIFICATE.

All license certificates shall be signed by the Director or his or her designee, under the seal of the City, signature may be placed mechanically, and contain the following information:

(A) The name of the person to whom such certificate has been issued;

(B) The name of the business, if applicable;

(C) The type of license; and

(D) The term of the license with commencement and expiration dates.

4- 2-13. LICENSE PERIOD.

Renewed license certificates shall be valid through December 31, of the year of renewal unless revoked pursuant to this Title. New license certificates issued between January 1 and September 30 shall be valid through December 31 of the year of issuance unless revoked. New license certificates issued between October 1 and December 31 may be valid through December 31 of the year following the year of issuance, unless revoked. An applicant applying for a license between October 1 and December 31st may, at the option of the applicant, pay one hundred and twenty-five percent (125%) of the amount otherwise imposed for new licenses issued and the license shall be valid through December 31 of the year following the year of issuance, unless revoked. However, an applicant may elect to pay the fee of one hundred percent (100%) on new applications between October 1 and December 31 if the applicant does not intend to do business in Park City the following year.

4- 2-14. DUTY TO DISPLAY LICENSE.

Every licensee licensed pursuant to the provisions of this chapter shall keep his license displayed and exhibited while the same is in force in some conspicuous part of the place of business. Every licensee not having a fixed place of business shall carry such license with him at all times while carrying on the business for which the license is issued and shall produce the license for inspection when requested to do so by any person.

4- 2-15. BRANCH ESTABLISHMENTS.

A separate license must be obtained for each branch establishment or separate location in which business is engaged in, within the City, as if such branch establishment or location were a separate business, and each license shall authorize the licensee to engage only in the business licensed thereby at the location or in the manner designated in such license, provided, that warehouses and distributing places used in connection with or incident to a business licensed under this chapter shall not be deemed to be separate places of business or branch establishments.

4- 2-16. SEPARATE BUSINESSES, LICENSED PREMISES.

Where two or more persons conduct separate businesses at the same location, each such person shall obtain a separate license for each such business and pay the required license fee for such business. Where a person is a licensee pursuant to provisions in the Beer and Liquor Licensing chapter of this Title, that person shall obtain a separate business license for each licensed premises.

4- 2-17. REGULATORY AND SERVICE ENHANCEMENT FEES IMPOSED.

There is hereby imposed and levied an annual business license fee on the types of businesses and in the amounts described below in the Business License Fee Schedule:

PARK CITY BUSINESS LICENSE FEE SCHEDULE

PARK CITY BUSINESS LICENSE FEE SCHEDULE
	Transit Service Enhancement Fee		Festival Facilitation Enhancement Fee		Enhanced Enforcement Fee		Administrative Fee
	Rate	Unit of Measure	Rate	Unit of Measure	Rate	Unit of Measure	Rate	Unit of Measure
Ski Resort	$0.263	Skier Day	$0.013	Skier Day	-	-	$46.00	License
Lodging	$19.250	Per Bedroom	$9.488	Per Bedroom	-	-	$46.00	License
Restaurant	$0.231	Per Sq. Ft.	$0.103	Per Sq. Ft.	-	-	$46.00	License
Outdoor Dining	$0.063	Per Sq. Ft.	$0.029	Per Sq. Ft.	-	-	$46.00	License
Retail	$0.231	Per Sq. Ft.	$0.103	Per Sq. Ft.	-	-	$46.00	License
Large Retail (>12,000 sq. ft.)	$0.161	Per Sq. Ft.	$0.072	Per Sq. Ft.	-	-	$46.00	License
Office, Service, Other	$0.206	Per Sq. Ft.	$0.013	Per Sq. Ft.	-	-	$46.00	License
Warehouse	$0.059	Per Sq. Ft.	$0.002	Per Sq. Ft.	-	-	$46.00	License
Resort and Amusement	$0.035	Per User	$0.048	Per User	-	-	$46.00	License
For-Hire Vehicles	$37.500	Per Vehicle	$1.751	Per Vehicle	$45.58	Per Vehicle	$71.83	License
Other Commercial Vehicles	$7.500	Per Vehicle	$0.292	Per Vehicle	-	-	$46.00	License
Employee Based	$3.750	Per Employee	$0.146	Per Employee	-	-	$46.00	License
Commercial Vending, Game and Laundry Machines	$18.750	Per Machine	$0.730	Per Machine	-	-	$46.00	License
Escort Services	$3.750	Per Employee	$0.150	Per Employee	$46.19	Per Employee	$46.00	License

(Amended by Ord. Nos. 02-48; 06-37)

4- 2-18. REGULATION OF SPECIFIC BUSINESSES.

The minimum fee assessed for each business shall be as set forth in the rate tables as adopted by Section4-2-17 unless set forth specifically in the sections below.

(A) VENDING MACHINES/ MECHANICAL DEVICES. It shall be unlawful to install or permit to be installed, any kind of mechanical device operated by coin, token, or currency, which sells goods, merchandise, food, beverages, candy, or entertainment services without first having paid the applicable fee on that mechanical device. Further, it shall be unlawful for any person to permit a machine to be placed on his premises or within his place of business any such mechanical device on which the fee has not been paid. The license for such a mechanical device, and the receipt showing payment of the license fee, shall take the form of a sticker to be placed in a visible location on the machine or device. The placement of a current sticker shall be prima facie evidence of payment of the license fees as far as the owner of the premises in which the machine is installed is concerned, and the owner of such premises or place of business shall be entitled to rely on the display of a current sticker as proof that the machine has been properly licensed. It is the duty of the owner of the machine to pay the fee, place the license sticker on the machine, and see that it is continuously displayed.

License certificate stickers on vending machines and electronic game machines shall be marked with the description of the machine, and designed so that the license sticker is not removable without destroying the sticker. There shall be a sticker on each machine. In the event a machine is replaced by another machine of a similar nature, the sticker on the machine to be replaced may be surrendered to the Division, and a new sticker issued for the replacement machine without additional charge.

(B) CONTRACTORS AND BUILDERS. All general contractors and subcontractors, including but not limited to, builders, electricians, plumbers and back flow device technicians, with their principal place of business within Park City shall be assessed a regulatory license fee each year as set forth in the rate tables. Said fee must be paid and a business license issued prior to engaging in any construction within the City unless exempted from licensure under U.C.A. § 58-55-305(7) or Section4-2-20 of this Chapter.

No contractor shall be issued a business license under this section unless and until he has provided a certified statement that he is currently licensed with the State of Utah Department of Business Regulation, including the state license number(s) and date of expiration. If said state license expires prior to December 31st of the year, each contractor must provide proof of renewal within ten (10) days of renewal or shall forfeit the City license for the balance of the year.

Contractors are required to obtain a separate office business license.

(C) NIGHTLY RENTAL. All nightly rental units must be licensed before being offered for rent.

(1) LICENSE ISSUANCE. The business license for rental of units under this section will be issued by the City upon payment of necessary fees and upon a finding by the staff that the review criteria established below have been satisfied.

(2) LICENSEE. The licensee for rentals under this section shall be both the local representative and the owner. The local representative shall be deemed the responsible party.

(3) APPLICATION PROCEDURE. All new and renewal applications must contain the property manager's name, a sales tax collection and accounting number, the street address of each unit, the name and address of a local responsible party who is available by telephone twenty four (24) hours per day and all other information requested on the application forms. The application includes a cover form which contains information common to all units managed, and unit forms which contain information on each unit managed. It is the licensee's duty to supplement both forms as information changes or as units change from one manager to another.

(4) MANAGEMENT STANDARDS. The lodging authorized under Section 4-2-17 must be properly managed. As a condition to holding a valid license, the licensee agrees to provide or arrange for adequate property management services. In the event an owner's association exists, it shall be responsible for property maintenance. In the event an owner agrees to be responsible for property maintenance, the licensee must present a statement to that effect signed by the owner. The minimum services required and management regulations include:

(a) Snow removal during winter months to a level that allows safe access to the building over the normal pedestrian access to the unit.

(b) Snow removal service to off-street parking facilities associated with the rental property so that off-street parking is at all times available for use of the occupants.

(c) Summer yard maintenance, including landscaping, weed control, and irrigation to a level that is consistent with the level of landscaping and maintenance on adjoining and nearby properties.

(d) Structural maintenance to preserve substantial code compliance as described above is required.

(e) Routine upkeep, including painting and repair to a level that is consistent with the level of maintenance on adjoining or nearby properties.

(f) Trash collection which insures that trash cans are not left at the curb for any period in excess of twenty-four (24) hours and the property must be kept free from accumulated garbage and refuse.

(g) Housekeeping service as a part of hotel or property management company: included in property management license.

(h) Parking. On-street parking for nightly rental uses shall not result in an obstruction to traffic and pedestrian circulation or public safety.

(i) Outdoor Displays of Goods and Merchandise. No outdoor display of goods and merchandise shall be permitted as part of any nightly rental use.

(j) Signs. Unless expressly permitted under the Municipal Sign Code, Title 12, no signs will be permitted for nightly rental uses.

(k) Commercial Uses Prohibited. Nightly rentals may not be used for commercial uses not otherwise permitted in the zone. Nightly rentals may not be converted to corporate sponsor or business houses which are used primarily to distribute retail products or personal services to invitees for marketing or similar purposes, regardless of whether such products or services are charged for.

(5) NOISE AND OCCUPANCY CONTROL. The licensee and the owner of rentals under this section are responsible for regulating the occupancy of the unit and noise created by the occupants of the unit. Violation of the noise ordinance, violation of occupancy loads, failure to use designated off-street parking, illegal conduct, or any other abuse, which violates any law regarding use or occupancy of the premises, is grounds for revocation. Failure to collect and deposit sales tax is also a violation of the license and grounds for revocation.

(6) REVIEW CRITERIA. In determining whether or not a business license for rental authorized under this Section shall be issued, the application shall be reviewed to see if, in addition to standards and conditions applicable to issuance of all business licenses, the following conditions and standards are met:

(a) The unit is located within a zone and subzone designated as allowing rentals for the period which the license is applied for.

(b) The Park City Building Department has reviewed the business license application for compliance with the Code for Abatement of Dangerous Buildings. Inspection of the unit may be required under Section 4-2-8 . The applicant shall bear the cost of any such inspection and any reinspection which may be required. The cost shall be determined by the prevailing hourly rate of the Park City Building Department.

(c) The access to the rental unit and the layout of the unit is such that noise and physical trespass from the proposed rental unit is not likely to be a substantial intrusion to the adjoining properties. If the proposed rental units is a single family home or duplex and shares an access, hallway, common wall, or driveway with another dwelling, written consent of the owner of the other dwelling is required.

(d) The applicant must designate a responsible party. The responsible party must be a property management company, realtor, lawyer, owner, or other individual who resides within Summit County, or, in the case of a company, has offices in Summit County. The responsible party is personally liable for the failure to properly manage the rental. The responsible party must be available by telephone, or otherwise, 24 hours per day, and must be able to respond to telephone inquiries within twenty (20) minutes of receipt of such inquiries by that party's answering machine, paging device or answering service. The responsible party is also designated as the agent for receiving all official communications under this Title from Park City. If the licensee is a property management company or individual other than the owner, such company or individual must comply with applicable state law, including U.C.A. § 61-2-2 , as amended, which requires those who receive valuable consideration to lease property to have a state license.

(e) The application must bear a sales tax collection and accounting number for the rental operation. This number may be the sales tax accounting number used by the property management company responsible for that unit, or may be specific to the unit, but no license will be effective until the sales tax number is provided.

(D) RESTAURANTS, FOOD SERVICE, TAVERNS, ETC.

(1) Outdoor dining areas connected with any food service establishment shall be assessed at a rate lower than the rest of the establishment.

(2) Catering services shall be licensed at the rate established in the Rate Tables per employee unless part of a full service restaurant or part of a restaurant operation, in which case catering is included in that license.

(3) Mobile vending trucks, serving construction sites only shall be assessed at the rate established in Business License Fee Schedule .

(E) BUILDING MATERIAL, HARDWARE, LUMBER. Lumber stores shall be assessed at the retail rate by square foot of space under roof, including retail areas, lumber storage, and shop space, but shall not be assessed for uncovered yard space.

(F) AUTOMOTIVE SERVICES. Car rental businesses shall be assessed at a rate per car for rental purposes as of January 1 of each license year, as established in the rate tables.

(G) TRANSPORTATION SERVICE, PASSENGER AND FREIGHT, SERVICE AND DELIVERY TRUCKS. License certificates shall take the form of a sticker to be placed on each licensed vehicle. The Division shall design stickers that are suitable for this use, and non-removable without the sticker being destroyed. Various kinds of stickers may be used to show the term of a license if issued for less than one (1) year. The sticker shall be displayed on all service, freight delivery, passenger service, and taxis at all times. If no sticker is displayed, it is prima facie evidence that no license was issued. Delivery and service vehicles with a business location in Park City, on which a license fee is issued on a square footage basis shall be exempt.

(1) Ready-mix concrete trucks, ore hauling trucks, dump trucks, drilling apparatus trucks, cranes, concrete pumping trucks, and other truck-based construction or excavation equipment shall be assessed as set forth in the rate tables per business engaged in such business.

(2) Businesses which utilize trucks in construction activity are subject to both the fee provisions of this section and also those for contractors except that an unlimited number of trucks, not exceeding nine thousand pounds gross vehicle weight (9,000 lbs. gvw), may be used in the construction activity without any charge applied to the vehicle.

(Amended by Ord. No. 03-02; Ord. No. 05-78)

4- 2-19. SPECIAL ASSESSMENT BY DIRECTOR.

Any other business not listed in the foregoing sections shall be assessed at the rate and on the same basis as the business determined by the Director, or his or her designee, to be most similar to the business to be licensed. If the applicant and Director, or his or her designee, are not able to agree on a rate and method of assessment, the application shall be referred to the City Council for license issuance. The rate and method of assessment determined by the Council may be applied on a case by case basis, or, if it appears to be of general application or importance, may take the form of an amendment to the Code to cover that license and similar applications in the future.

4- 2-20. REVENUE MEASURE.

The revenue license fee provided for in this Chapter is imposed to raise revenue for an enhanced level of municipal services. The fees are in addition to and not a substitute for other regulatory ordinances of Park City. The revenues raised through the revenue fee shall be used to defray the costs incurred by the City in operating, maintaining, and replacing the City transit system.

4- 2-21. EXCEPTIONS TO BUSINESS REVENUE LICENSE FEE.

No business license fee shall be imposed under this Chapter upon the following persons or businesses:

(A) Any person engaged in business for solely religious, charitable, eleemosynary, or other types of strictly non-profit purposes who is tax exempt in such activities under the laws of the Untied States and the State of Utah, nor shall any revenue 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 revenue license fee be imposed on any non-profit corporation duly incorporated according to the provisions of the Utah Non-Profit Corporation and Cooperative Association Act;

(B) Any insurance company or agent, so long as they are exempted by state law;

(C) Any sales or merchandise damaged by smoke or fire or of bankrupt concerns, where such stocks have been acquired from merchants of Park City theretofore, regularly licensed and engaged in business; provided, however, no such stocks or merchandise shall be augmented by other goods;

(D) Any person, firm, or corporation exhibiting goods for sale concurrent with and as an adjunct to a group display, meeting or convention duly authorized to be held; provided that the convention is duly licensed under other applicable ordinances;

(E) A person who sells his own property which was not acquired for resale, barter, or exchange and who does conduct such sales or act as a participant by furnishing goods in such a sale more than twice during any calendar year. Each person seeking this exemption shall furnish to the department of licensing an accurate list with the names, addresses and telephone numbers of all persons contributing items to said sale. Said list shall be filed with the licensing department at least ten (10) days prior to the sale;

(F) Any person, firm, or organization (i.e., tournament referees, ski race officials, sport camp instructors), whose contract is for a period of thirty (30) days or less per year, and whose contract relates directly to recreation programs or services in Park City, is not required to obtain a business license;

(G) Any person who obtains an exemption from the City Council by petitioning the Council for a waiver of the fees.

(H) RESIDENTIAL GARAGE SALES. No license shall be required for sales of surplus household goods or furnishings at a private residence in the garage or yard. If a garage sale is held more frequently than three (3) days in any one calendar quarter at the same residence, it shall be deemed to be conducting business on a regular basis and a regular business license for the sale of that kind of merchandise is required. If the sale is in a zone that does not permit the sale of merchandise as a permitted or conditional use, further sales are unlawful. Sales tax on all sales is required under state law, and this Title shall not be construed as attempting to waive the requirement that tax be collected.

4- 2-22. LICENSE FEES DECLARED TO BE A DEBT AND MAY BE FORWARDED TO A COLLECTION AGENCY.

Any license or tax due and unpaid under this Title and all penalties thereon shall constitute a debt to Park City and may be collected by court proceedings in the same manner as any other debt or may be turned over to a collection agency, which remedy shall be in addition to all other existing remedies.

4- 2-23. FEE AND TAX PAYMENTS, RENEWALS AND PENALTY.

The annual business license fee provided in this Title shall be due and payable to the City on or before the first day of January of each year for renewals of licenses for businesses which were licensed the previous year. Business licenses for previously unlicensed businesses shall be issued for the unexpired portion of the calendar year in which issued unless issued between October 1 and December 31, in which case the license shall be valid until December 31 of the year following the issuance of the license, upon payment of 125% of the annual license fee, as set forth in Section 4-2-13 above.

If the renewal license fee is not paid on or before January 15 of the year in which the renewal license is due, there shall be a business license enforcement fee imposed of twenty-five percent (25%) of the license fee imposed by this Chapter or twenty-five dollars ($25.00) whichever is greater.

If the renewal license fee is not paid in full on or before February 15th of the year in which the renewal fee is due, the business license enforcement fee shall be increased to fifty percent (50%) of the license fee imposed by this Chapter or twenty-five dollars ($25) whichever is greater.

If the renewal license fee is not paid on or before March 1st of the year in which the renewal fee is due, the business license enforcement fee shall be increased to one-hundred percent (100%) of the license fee imposed by this Chapter.

Upon a proper showing that the business is of such a seasonal nature that business has not been conducted to date, the Director or his or her designee may waive the business license enforcement fee of said renewals.

Upon a showing of hardship acceptable to the Director or his or her designee, the licensed business may be allowed to pay the business license fees due over a period of time not to exceed three (3) months from the due date, with interest on the unpaid balance at the rate of eighteen percent (18%) per annum.

Any previously licensed business cited for engaging in business in violation of this Title shall have five (5) days from the date of citation to come into compliance with this Title. Failure of the licensee to reach compliance within five (5) days of the date of citation will subject the business to closure and the licensee to all applicable civil and criminal penalties.

If a licensed business enlarges its place of business or increases its capacity for conducting business, i.e., adding square footage, increasing number of vending machines, number of employees, bid limits, or increasing hourly user capacity, an additional license fee shall be due and payable to the City and shall be prorated on the basis of one-twelfth (1/12th) of the total annual fee on the enlargement or increase for each month remaining in the unexpired portion of the calendar year, including the month in which such increase is accomplished. The additional license fee for adding square footage shall be due and payable on the date the City issues the occupancy permit.

(Amended by Ord. No. 02-51; 02-55)

4- 2-24. RENEWAL BILLING PROCEDURE.

On or before December 1 of each year, the division shall send a statement to each current licensee within the City, which statement shall be upon forms calling for the computation by the licensee of a license fee for the ensuing year based upon the nature of the business, square footage, employees, and other pertinent factors.

4- 2-25. RENEWAL OF LICENSE CERTIFICATE.

Upon receipt of the license fee and Old Town Business Improvement District tax, if applicable, the Division shall issue a license certificate valid through December 31 of the next year.

(Amended by Ord. No. 02-51)

4- 2-26. RECORDS TO BE MAINTAINED.

It shall be the duty of every person liable for the payment of any license fee imposed by this Title to keep and preserve for a period of three (3) years such books and records as will accurately reflect the factors used in determining the amount of the license fee for which he may be liable under this Title.

4- 2-27. LICENSE FEE ADJUSTMENT TO AVOID BURDENING INTERSTATE COMMERCE.

The business license fee imposed by this Title shall not be applied so as to place an undue burden on interstate commerce. In any case, where the license fee is believed by a licensee or applicant for a license to place an undue burden upon interstate commerce, such licensee or applicant may apply to the Director, or his or her designee, for an adjustment of the fee so as to relieve such burden. The licensee or applicant shall, by supporting other information as the Director, or his or her designee, may deem necessary in order to determine the extent, if any, of such undue burden. The Director, or his or her designee, shall then conduct an investigation, comparing the subject business with other businesses of like nature and shall make findings of fact from which he shall determine whether the license fee is discriminatory, unreasonable or unfair as to the licensee or applicant from the standpoint of its impact on interstate commerce and shall recommend to the City Council an appropriate license fee under the circumstances and the City Council shall fix the license fee in such amount. If the regular license fee has already been paid, the City Council shall order a refund of any amount over and above the amount of the license fee fixed, if any. In fixing the fee to be charged, the Director, or his or her designee, may use any method which will assure that the fee assessed shall be uniform with that assessed on business of like nature; provided, however, that the amount assessed shall in no event exceed the regular fee prescribed in this Title.

4- 2-28. OUTDOOR SPEAKERS ON MAIN STREET.

No licensed business shall permit or cause to exist any speaker or sound amplification equipment on the outside of any premise on Main Street with the exception of those businesses which are allowed to have outside speakers as a part of their conditional use permit for outdoor dining or performances or events approved by staff as part of a master festival license or community celebration.

CHAPTER 3 - PEDDLERS AND SOLICITORS LICENSING

4- 3- 1. LICENSE REQUIRED.

Unless exempted by state or federal law or by this Title, it shall be unlawful for any solicitor to conduct business within Park City, whether sales are actually made or orders taken, without first having obtained a solicitor's license from the City. All licenses issued under this Chapter are non-transferable.

4- 3- 2. BUSINESS CONFINED TO ENCLOSED BUILDING.

Except as authorized by this Title, all businesses within Park City are to be conducted within a fully enclosed building, except for outdoor dining or other permanent conditional uses which have been given approval under Title 13 Land Management Code.

4- 3- 3. BUSINESS CONFINED TO PRIVATE PROPERTY.

Unless specifically licensed to do so under this or other ordinances, it shall be unlawful for any person to solicit business within any public street, sidewalk, alleyway, within the public parks, golf course, or publicly owned parking areas, unless said person has received prior approval from the appropriate City department and executed a concession contract with the City.

4- 3- 4. PEDDLERS OF GOODS OR MERCHANDISE.

Unless authorized and licensed by this Chapter, peddlers of goods or merchandise are prohibited from conducting business within Park City.

4- 3- 5. TERMS AND CONDITIONS OF SOLICITATION LICENSES.

The Finance Department may issue a license to solicitors of goods and services, accommodations, franchises, investments, or any interest in real property or time intervals in the use or ownership of property, subject to the following terms and conditions:

(A) The solicitor makes contact with the public at a location other than at the regular place of business at which the goods and services are actually sold or performed; and

(B) The solicitor shall only contact the public on a door-to-door basis; and

(C) No solicitation activities shall be conducted on public streets, sidewalks, or public property; and

(D) The solicitor shall not enter any premises in which a "No Solicitors Allowed" sign, or the equivalent thereof, has been posted; and

(E) The solicitor may only carry goods or merchandise for display, not for sale, but the solicitor may deliver previously ordered goods or merchandise; and

(F) No solicitor shall give or pass handbills literature, or other printed matter to passersby or place them on cars, buildings, driveways, doorways or porches. The licensee, including the primary business signing the license application, shall be responsible for any littering caused by that licensee's handbills being discarded or not being picked up; and

(G) It shall be unlawful for any person to solicit from any motor vehicle by means of calling or hailing from inside or on the vehicle, or to use any sound amplification equipment to broadcast solicitations from the vehicle. Persons offering others free transportation in exchange for listening to a sales solicitation shall, by clearly printed signs, all lettering to be legible from at least ten feet (10') away by persons of 20/20 vision, attached to the outside of both sides of the vehicle, identify the vehicle as a point at which sales solicitations will be made and display the name of the business for which the solicitation will be made; and

(H) The solicitor shall inform each buyer of the right to cancel a home solicitation sale pursuant to U.C.A § 70C-5-102 or any successor provision.

(Amended by Ord. No. 02-41)

4- 3- 6. APPLICATION.

The application for a solicitor license shall be signed by both the person to be licensed as a solicitor and by an authorized representative of the business or businesses for which the licensee will be soliciting,(referred to as the "primary business" below. The application shall require the disclosure of the existence of any investigations by any local, state, or federal regulatory agency into allegations of fraud, deceit, securities violations, real estate sales or brokerage license suspension proceedings, or any pending charges on any felony, provided, however, that if the applicant is a licensed real estate or securities salesman, the foregoing information concerning the applicant's background may be supplied by providing the date of the issuance of that state license by the Utah Department of Business Regulation and such other information as necessary to correctly identify the applicant with that department. The application shall contain the date of birth and social security number of the applicant. Applicants are subject to a criminal background investigation conducted by the State of Utah and the Park City Police Department. No license shall be issued to persons who have been convicted of or entered a guilty plea to any crime involving receiving stolen goods, burglary, theft, fraud, the possession or sale of controlled substances, securities violations, or prostitution within the preceding three (3) years.

(A) LICENSE FEE. The annual fee for a solicitor's license shall be as set forth in the Fee Resolution . A solicitor's license shall be valid for a maximum of one calendar year, provided that all such licenses will expire on December 31 of the year of issue.

(B) DENIAL OF APPLICATION. If the application is denied, twenty-five percent (25%) of the fee shall be retained to cover the costs of investigating the application, and the balance refunded.

(C) PHOTO IDENTIFICATION REQUIRED. All licensed solicitors shall wear an identification badge prepared by the City (which shall be the City license) in full view at all times while soliciting. The badge shall state that the wearer is a solicitor for a specified primary business, and contain the photograph of the licensee.

(D) BUSINESS RESPONSIBLE FOR SOLICITORS. The business or businesses which have signed the application for a solicitor's license shall be jointly liable for the conduct of that solicitor while engaged in conduct intended to further the business interests of the primary business. As a result of frequent violations of this Chapter by solicitors licensed to solicit on behalf of that primary business, the City Council, may, after hearing, revoke the license of any local business which is the primary business of a solicitor or prohibit any foreign business from doing business within Park City for up to one year . For purposes of the section, "frequent violations" shall mean three (3) or more citations issued under this Chapter within any twelve (12) month period.

4- 3- 7. STREET MUSICIANS.

Persons playing acoustic and nonamplified musical instruments, performing pantomime, magic, dancing, or any other visual or audible performances with the intent or expectation to receive valuable consideration therefor shall be licensed by the City as street musicians before any such performance. The Finance Department may issue such a license upon payment of the license fee set forth in the Fee Resolution and no license shall be granted for more than ten (10) consecutive days at a time.

(Amended by Ord. No. 04-10)

4- 3A- 7. ART EXHIBIT FOR SALE ON PUBLIC PROPERTY.

(Section created by Ord. No. 04-10)

It is the purpose and object of this chapter that the City establishes reasonable and uniform regulations governing the registrations and manner of operations of artists using available City property in Park City. This chapter shall be construed to protect the legitimate and important governmental interests recognized by this chapter in a manner consistent with constitutional protectoins provided by the United States and Utah Constitutions. The purpose of these regulations is to provide for the regulation and registration of artists within the City in a manner which will protect the property values of surrounding businesses and neighborhoods, and residents from adverse secondary effects, while providing to those who desire to exhibit their works of art for sale the opportunity to do so. This chapter also aims to prevent and control the adverse effects of artists who exhibit their artistry in public places, including without limitation, creating visual blight and aesthetic concerns; blocking reasonable access and sight easements to businesses; preventing the free flow of vehicular and pedestrian traffic in the City's narrow, historic Main Street sidewalks; and forcing citizens to be exposed to unwanted and unwelcome messages, with no avenue of escape. These strong substantial and compelling governmental interests compete with public and private interests in freedom of expression and the private commercial interests of artists and the interests of the public. Therefore, the City desires, in reasonable time, place and manner regulations which are content neutral, to balance those interests, and thereby protect the health, safety, and welfare of the citizens and guests of Park City, preserve the quality of life, and preserve the property values and character of the surrounding neighborhoods.

(A) DEFINITIONS. For the purpose of this chapter, the following words shall have the following meanings:

(1) "Art" means original works of fine art, graphic art and aesthetic objects produced by the artist. It shall not include (1) any artwork produced by any person other than the artist displaying the artwork; or (2) any artwork purchased or taken on consignment and held for resale.

(2) "Artist" means the creator of the art who exhibits his or her own art for sale. Artist does not include street musician licensed under Section 4-3-7.

(3) "Available City property" means the green space at the northeast intersection of Park Avenue and 9th Street, Park City, Utah, owned and operated by the City, and alternatively pursuant to subsection H(1) below, City Park.

(4) "Exhibit" means display for sale, including taking future orders, or with the intent or expectation to receive valuable consideration.

(B) EXHIBIT FOR SALE ON SIDEWALKS PROHIBITED. No artist may exhibit for sale his or her art on public streets, sidewalks, or public property other than specifically designated available City property as set forth in this chapter. It is unlawful to exhibit art for sale on publicly owned sidewalks. Furthermore, it is unlawful to exhibit art for sale without a license under this chapter or chapter 8, in park strip areas, pocket parks, and City-operated or otherwise public parks.

(1) REGISTRATION REQUIRED. Any person or groups of persons intending or expecting to receive valuable consideration for the exhibition of art shall be registered with the City as an art vendor before such exhibit. The registration shall be valid each weekend, Friday through Sunday, and all holidays or special events or master festivals as approved by the Special Events Department.

(2) APPLICATION FOR REGISTRATION. An applicatoin for registration to use available City property for the exhibit of art for sale shall be filed with the Finance Department upon a form provided by the Finance Department, which shall contain the following information:

(a) The name, address and telephone number of the applicant;

(b) The name, address and telephone number of a responsible person whom the City may notify or contact at any time concerning the applicant's art; and

(3) APPLICATION FEE. The City Council hereby waives all fees for the one (1) season trial period.

(4) REGISTRATION LIST. The Finance Department shall forward the registration to the Special Events Manager. Use of space by a licensee within available City property shall be subject to the designation of the City's Planning and Zoning Administrator in accordance with the standards set forth in Section 4-3a-7(H).

(5) DENIAL/REVOCATION. In addition to the reasons set forth in Section 4-2-9 of the Park City Municipal Code, the Finance Department may revoke or deny an artist vendor registration for failure to meet any of the conditions or requiremetns herein.

(6) APPEALS OF DENIAL. Denial by the Finance Department may be appealed within five (5) days to the City Manager or the City Manager's designee by written notice of appeal. The notice of appeal shall be filed with the City Recorder. The City Manager or his/her designee may consider the appeal based upon the written submissions. However, for good cause shown, the City Manager or his/her designed may also hear oral evidence and argument. The City Manager or his/her designee shall consider the matter using an error of law standard of review.

(D) USE OF PROPERTY/HOLD HARMLESS. By way of application to the City, all artists accept the available City property "as is" and the City makes no representations regarding fitness for particular putpose of otherwise regarding the suitability of said property. Anyone using available City property for art exhibit shall indemnify, defend, and hold the City and its offers and employees harmless for any loss or damage, including attorney's fees, arising out of the use of such property. This obligation shall not extend to any claims for loss, damages, or injury sustained by any person or persons, or damage to property, or to expenses including reasonable attorney's fees, incurred thereby, resulting from actions or omissions not within the artist's reasonable control or to the acts or omissions to act by the City, its officers and employees, or other third persons.

(E) NUMBER AND SPACING OF ARTISTS PER AVAILABLE CITY PROPERTY. The number of exhibit areas for artists that may exhibit at the same time on any available City property is twelve (12), unless otherwise determined by the Special Events Manager upon a finding of no harm or interference with the open space nature of the area, and upon giving notice to the City Council.

(F) LOCATION RESTRICTIONS. The Planning and Zoning Administrator, in designating areas within available City property, shall take into consideration the interests (i) of providing artists reasonable opportunities for self-expression; (ii) of providing reasonable opportunities for the public to experience the artists' work; (iii) of the public to peaceably enjoy the intended open space of the City parks; and (iv) of adequately maintaining park vegetation and properties. No artist may exhibit art for sale within available City property except within areas designated by the Planning and Zoning Administrator.

(1) SPECIAL EVENTS. No artist shall exhibit art for sale within one hundred feet (100') of the boundary of a location in a special event or master festival license issued by the City under Title 4, Chapter 8 of the Park City Municipal Code. However, during special events or master festivals, artists may exhibit at a location included in a special event or master festival license if the special event or master festival licensee grants written permission. Furthermore, the City expressly reserves the right to relocate artists in a manner that does not diminish exhibit capacity to other availalble City property during the period of a special event or master festival.

(2) EXCEPTION. The restrictions of the chapter notwithstanding, nothing herein shall prohibit the City from authorizing persons to temporarily exhibit art for sale, or conduct outdoor sales on public property, or other such areas as the City may deem appropriate, pursuant to Park City Municipal Code Section 4-3-10, or during special events or master festivals. Special event and master festival vendors shall not be governed by this section, but shall be governed by Title 4, Chapter 8 of the Park City Municipal Code.

(G) SPACE RESTRICTIONS. No artist may exhibit artwork for sale directly on the surface of any City facility or structure, including sidewalks or on top of a trash receptacle. No artist's exhibit may exceed ten feet (10') in height from the ground or ten feet by ten feet (10' X 10') in area, including a tent or other structure. Exhibits should be off the ground in a manner so as not to damage the lawn, vegetation, or other public property. No artist shall use any area other than the area immediately beneath the surface of the display area for the storage of items for exhibit. Artists may have a container for gratuity. Set-up shall not begin prior to 8:00 a.m. each day. All artwork, stands, and other equipment associated debris and structures shall be removed from available City property no later than 6:00 p.m. each night. Upon finding parking conflicts, the Special Events Manager may temporarily designate and/or prohibit parking at certain locations.

(H) RIGHTS GRANTED. The approval of any location for use by artists shall not be construed as granting the user any property right or interest to or in any property owned by the City. The rights granted by this chapter are subject to the provisions of this chapter and other applicable law. Artists exhibiting their art shall be present at all times when on exhibit. No agent, employee or other representative shall sell any artwork of an artist.

(I) VIOLATION/REMOVAL. If at any time the City determined that an artist's use of available City property or the exhibit placed thereon is not in compliance with the requirements of this chapter or other applicable law, a civil notice of such violation shall be issued to the artist by an authorized City official. If, after receipt of such citation, an artist fails or refuses to remove any such exhibit in violation, the City may, after consulation with the City Attorney or his/her designee, impound such exhibit. Although prior notice of such impoundment shall not be required, the City shall take reasonable efforts to prompptly notify the artist following impoundment. The owner of any impounded exhibit shall be responsible for the expense of removal and storage of such exhibit. If the owner fails to recalim the impounded exhibit and pay the expenses of removal and storage within thirty (30) days after notice of impoundment, the exhibit may be deemed unclaimed property and may be disposed of pursuant to law.

(J) EMERGENCY REMOVAL. In the event that a City official or the City Police or Fire Department determines that an artist's use of available City property or the exhibit placed thereon consitutes an immediate phycical threat to public safety, or health, the exhibit may be removed from the City property immediately, without any prior notice or hearing. This provision shall not be enforced in any related to the content or expressoin of the material exhibited by the artist. The City shall use reasonable care not to damage the art.

(1) NOTICE AND HEARING. In the event of such emergency removal, the City shall immediately contact the artist or his/her representative if the artist has filed with the City's Finance Department the name, address, and telephone number of the artists' representative whom the City may notify or contact at any time regarding the artist's exhibit. The City shall inform the artist or his/her representative of the removal and the reason(s) therefore. If requested by the artist or his/her representative, the City shall hold an expedited hearing before the City Manager or his/her designee to determine whether the removed exhibit constituted an immediate threat to the public's life, safety or health. In the event that the City Manager or his/her designee determines that the expense, replace the Exhibit at it location.

(2) APPEAL. The artist or his/her representative may appeal any decision or order to the Mayor or the Mayor's designee. Any appeal shall be filed in writing within ten (10) days of the decision with the City Recorder and shall specify the basis for appeal. The Mayor or the Mayor's designee may consider the appeal based on written submitssions; however, for good cause shown, the Mayor or the Mayor's designee may also hear oral evidence and argument.

(K) PENALTIES. Any violation of this chapter shall consisitute a civil violation and may subject the artist to revocation, suspension, or non-renewal of rights granted hereunder by the City. Three (3) or more violations within a one (1) year period shall constitute a Class "B