405 South Main, Milford, UT 84751 (435) 387-2711

Business Regulation

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Contact Info:

405 South Main Street

P.O. Box 69

Milford, Utah  84751

Telephone Number

Office:  435 387-2711

Fax: 435 387-2748

TITLE 6
LICENSING, CONTROL AND REGULATIONS OF BUSINESS AND CONSTRUCTION
CHAPTERs:
6.01 Licensing, Control and Regulation of Business and Regulations and Construction
6.02 Business Licensed on an Annual Fee
6.03 Licensing and Regulating Specific Businesses
6.04 Residential Solicitation
6.60 Sexually Oriented Businesses
6.70 Impact Fee for Water, Wastewater, Parks and Recreation

CHAPTER 6.01
Licensing, Control and Regulation of Business and Regulations and Construction
SECTIONs:
6.01.010 Definitions
6.01.020 Business License Required
6.01.030 License Assessor and Collector
6.01.040 Payment Dates
6.01.050 Penalty for Late Payment
6.01.060 Applications for License
6.01.070 Certificate
6.01.080 Display
6.01.090 Transfer of License Prohibited
6.01.100 Revocation or Denial of Business License
6.01.110 Branch Establishments
6.01.120 Joint License
6.01.130 Reciprocal Recognition of License
6.01.140 Exemption to License
6.01.150 Fee Not to Constitute Undue Burden on Interstate Commerce
SECTION 6.01.010 Definitions
"Business" means and includes all activities engaged in within this municipality 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 provided.

"Engaging in business" includes but is not limited to, the sale of tangible personal 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.

"Place of business" means each separate location maintained or operated by the licensee within this municipality from which business activity is conducted or transacted.

"Employee" means the operator, owner or manager of a place of business and any persons employed by such person in the operation of said place of business in any capacity and also any salesman, agent or independent contractor engaged in the operation of the place of business in any capacity.

The term "wholesaler" means a person doing a regularly organized wholesale jobbing business and selling to retail merchants, jobbers, dealers or other wholesalers, for the purpose of resale.

The term "wholesale" means a sale of tangible personal property by wholesalers to retail merchants, jobbers, dealers or other wholesalers for resale, and does not include a sale by wholesalers or retailers to users or consumers not for resale, except as otherwise specified.

"Each Separate place of business" shall mean each separate establishment or place of operation, whether or not operating under the same name, within the municipality, including a home or other place of lodging if the same is held out by advertisements, listings or otherwise as the establishment or place of operation of a person engaging in the business of selling tangible, personal property at either retail or wholesale, or both, in the municipality.

SECTION 6.01.020 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 applying for, obtaining and maintaining in a current status, a Business License, (Form Number 40) by means of a Business License Application (Form Number 52) from the municipality.
(Ord. Ordinance 1-2001, Amended, 01/18/2001)

SECTION 6.01.030 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 of 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 the title, and shall cause to be filed complaints against all persons violating any of the provisions of this title.

SECTION 6.01.040 Payment Dates
All license fees shall be due and payable as follows, except as may be otherwise provided in the applicable ordinance:
1. Annual fees shall be payable at the start of and for 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.
2. Annual fees shall be due on the second day of January of each year and shall become delinquent if not paid by February 1 of each year.
3. One-half of the 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 June 30 shall expire on the December 31 of each year. Payment shall be due upon the date of application approval.
4. There shall also be a summer license available which shall be valid from April 1 to September 30 of each year.
(Ord. Ordinance 11-2002, Amended, 12/17/2002)

SECTION 6.01.050 Penalty for Late Payment
Penalty for Late Payment. If any license fee is not paid within thirty days of the due date, a penalty of twenty (20) percent of the amount of such license fee shall be added to the original amount thereof. No license shall be issued until all penalties legally assessed have been paid in full.
(Ord. 6.01.050, Amended, 11/29/2000)

SECTION 6.01.060 Applications for License
All applications for license shall include:
1. The name of the person desiring a license.
2. The kind of license desired, stating the business, calling, trade or profession to be performed, practiced or carried on.
3. The class of license desired, if such licenses are divided into classes.
4. The place where such business, calling, trade or profession is to be carried on, giving the street number if the business, calling, trade or profession is to be carried on in any building or enclosure having such number.
5. The period of time for which such license is desired to be issued.

SECTION 6.01.070 Certificate
All certificates of license shall be signed by the Recorder/clerk and shall contain the following information:
1. The name of the person to whom such certificate has been issued.
2. The amount paid.
3. The type of license and the class of such license if licenses are divided into classes.
4. The term of the license with the commencing date and the date of its expiration.
5. The place where such business, calling, trade or profession is to be conducted.

SECTION 6.01.080 Display
Every certificate of license issued under this title shall be posted by the licensee in a conspicuous place upon the wall of the building, room or office of the place of business so that the same may be easily seen. When such certificate of license has expired, it shall be removed by the licensee from such place in which it has been posted, and no certificate of license which is not in force and effect shall be permitted to remain posted upon the wall or any part of any room within the place of business. If the licensee's business is such that a license cannot be displayed due to the transient or mobile nature of the business, then the licensee shall carry the license on his person ready to be shown on request by an authorized officer during all such time or times while the licensee is engaged in or pursuing the business for which a license is granted. In the event the license is for a coin-operated machine or device, the certificate shall be attached or displayed in the immediate vicinity of the machine for which it has been issued.

SECTION 6.01.090 Transfer of License Prohibited
No license granted or issued under any ordinance of this municipality shall be assigned or transferred to any other person. It shall not be deemed to authorize any person other than therein named to do business or to authorize any other business, calling, trade or profession than is therein named unless by permission of the governing body.

SECTION 6.01.100 Revocation or Denial of Business License
1. Any license issued pursuant to the provisions of this code or of any ordinance of this municipality may be revoked and any application denied by the governing body because of:
A. The failure of the licensee or applicant to comply with conditions and requirements of this code or any ordinance of the municipality.
B. Unlawful activities conducted or permitted on the premises where the business is conducted.
2. Prior to the revocation of a license or denial of an application to renew business license, the licensee or applicant shall be given a notice which shall state in substance that the governing body intends to revoke the business license or deny the application to renew, together with the reason or reasons therefor, at a regular or special meeting of the governing body (which shall be at least ten days and not more than thirty days from the date notice is sent) and that the licensee or applicant has a right to appear, to be represented by counsel, to hear the evidence against him, to cross-examine witnesses and to present evidence as to why the license should not be revoked or the application denied.

SECTION 6.01.110 Branch Establishments
A separate license must be obtained for each separate place of business in the municipality 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 part shall not be deemed to be separate places of business or branch establishments.

SECTION 6.01.120 Joint License
Whenever a 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 and each additional business after the first shall be assessed a ten (10) percent fee based on the fee assessed to the business paying the higher license fee. 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.
(Ord. Ordinance 10-2002, Amended, 12/17/2002)

SECTION 6.01.130 Reciprocal Recognition of License
No 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.
3. No license shall be required by Chapters 6.02, or 6.03 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:
A. 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,
B. The authority licensing such business grants to licensees of this municipality making deliveries within it jurisdiction the same privileges, upon substantially the same terms, as are granted by this section, and,
C. 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,
D. The truck or other conveyance by which such delivery is made prominently displays at all times a license plate or symbol used by the said licensing authority to evidence such business license. Such plate or symbol shall identify the licensing authority by which it is issued, shall indicate that it evidences a license issued thereby, and shall specify the year or term for which it is effective.
E. The Recorder/clerk shall at the request of any person certify a copy of this section any municipality or county of the State of Utah to which a copy has not previously been certified.

SECTION 6.01.140 Exemption to License
No license fee shall be imposed under Chapter 6.02 on any person engaged in business for solely religious, charitable, eleemosynary or any other types of strictly non-profit purpose which is tax exempt in such 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 on 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. 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 subsections A of this section.

SECTION 6.01.150 Fee Not to Constitute Undue Burden on Interstate Commerce
None of the license taxes provided for by Chapter 6.02.300 shall be applied as to occasion an undue burden on interstate commerce. In any case, where a license tax is believed by a licensee or applicant for license to place and undue burden upon such commerce, he may apply to the license assessor and collector for an adjustment of the tax to that it shall not be discriminatory, unreasonable or unfair as to such commerce. Such application may be made before, at or within six months after payment of the prescribed license tax. The applicant shall, by affidavit and supporting testimony show his method of business and the gross volume or estimated gross volume of business and such other information as the license assessor and collector may deem necessary in order to determine the extent, if any, of such undue burden of such commerce. The license assessor and collector shall then conduct an investigation, comparing applicant's business with other businesses of like nature and shall make findings of facts from which he shall determine whether the tax fixed by Chapters 6.02 and 6.03 is discriminatory, unreasonable or unfair as to applicant's business and shall recommend to the governing body a license tax for the applicant in an amount that is nondiscriminatory, reasonable and fair, and if the governing body is satisfied that such license tax is the amount that the applicant should pay, it shall fix the license tax in such amount. If the regular license tax has already been paid, the governing body shall order a refund of the amount over and above the tax fixed by the governing body. In fixing the fee to be charged, the license assessor and collector shall have the power to base the fee upon a percentage of gross sales, or employees, or may use any other method which will assure that the fee assessed shall be uniform with that assessed on business of like nature.

CHAPTER 6.02
Business Licensed on an Annual Fee
SECTIONs:
6.02.010 Fee Levied - License Fee
SECTION 6.02.010 Fee Levied - License Fee
1. Any person, persons, firm or corporation engaging in or carrying on any business, trade, profession or calling, shall pay an annual license fee of $50.00.
2. Any person, persons, firm or corporation operating coin operated amusement or vending devices shall pay an additional annual license fee of $25.00 per machine.
3. Any person, persons, firm or corporation engaging in or carrying on any business, trade, profession or calling, for which a summer license is applicable shall pay a summer license fee of $15.00.
4. Any person, persons, firm or corporation engaged in any mobile, itinerant or temporary business, trade, profession or calling that is deemed to be in direct competition with any locally established business, trade, profession or calling shall be required to pay the same annual license fee that the local business, trade, profession or calling is required to pay, regardless of the length of time said itinerant or temporary business, trade, profession or calling intends to operate in Milford City within any licensing year.
(Ord. Ordinance 1-2002, Amended, 09/16/2002)

CHAPTER 6.03
Licensing and Regulating Specific Businesses
SECTIONs:
6.03.010 License to Sell Beer at Retail for Off-Premise Consumption
6.03.020 Definitions
6.03.030 Retail Licenses
6.03.040 Beer License Fees
6.03.050 License Fees to Accompany Application
6.03.060 Purchase of Beer for Resale
6.03.070 Application for License
6.03.080 Application Referred to Chief of Police
6.03.090 Renewals
6.03.100 Qualification
6.03.110 Bond Required
6.03.120 Department of Health Permit
6.03.130 Transfer of License
6.03.140 Restrictions
6.03.150 Inspection
6.03.160 Revocation or Suspension
SECTION 6.03.010 License to Sell Beer at Retail for Off-Premise Consumption
1. It shall be a class B misdemeanor for any person to engage in the business of selling beer at retail, without first having procured a license from the governing body.
2. It shall be a class B misdemeanor for any person to sell beer after the revocation of the license issued pursuant to this part.
3. 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 is shall refer or for which it shall be issued. All licensees shall comply with the Utah Alcoholic Beverage Control Act and the regulations of the Alcoholic Beverage Control Commission.

SECTION 6.03.020 Definitions
The words and phrases used in this part shall have the meanings specified in the Utah Alcoholic Beverage Control Act unless a different meaning is clearly evident.

SECTION 6.03.030 Retail Licenses
Retail licenses issued hereunder shall be of the following three kinds and shall carry the following privileges and be known as class "A", class "B" and class "C".
1. Class "A" retail licenses issued hereunder shall entitle the licensee to sell beer on the premises licensed in original containers for consumption off the premises in accordance the Utah Alcoholic Beverage Control Act and the ordinances of this municipality.
2. Class "B" retail licenses shall entitle the licensee to sell beer for consumption on the premises provided the licensee has obtained a state license.
3. Class "C" retail licenses shall entitle the licensee to sell beer for on-premise consumption at temporary special events that do not last longer than 30 days.

SECTION 6.03.040 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" Beer License $100.00
Class "B" Beer License $100.00
Class "C" Beer License $25.00

SECTION 6.03.050 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 6.03.060 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 6.03.070 Application for License
1. 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 Utah Alcoholic Beverage Control Act and this part. If the applicant is a partnership, the names and addresses of all partners, and if a corporation, the names and addresses of all officers and directors, must be stated.
2. Application must be subscribed by the applicant who shall state under oath that the facts therein contained are true.

SECTION 6.03.080 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 20 days after receiving such application make report to the governing body of the general reputation and character of the person 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 a to whether or not the application should be granted.

SECTION 6.03.090 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 licenses premises on the expiration date of the then issued license and shall keep the premises closed for any retail business for the sale of beer until the effective date of his new license issued by the governing body.

SECTION 6.03.100 Qualification
1. No license shall be granted to any retailer to sell beer within the municipality unless he shall be of good character, over the age of twenty-one years, a citizen of the United States, or to any one who has been convicted of:
A. A felony under any federal or state law.
B. Any violation of any federal or state law or local ordinance concerning the sale, manufacture, distribution, warehousing, adulteration or transportation of alcoholic beverages.
C. Any crime involving moral turpitude.
2. In the case of partnership or corporation, the above proscription applies if any partner, managing agent, officer, director, or stockholder who holds at least 20% of the total issued and outstanding stock of an applicant corporation has been convicted of any offense as provided in this Section 6.03.090

SECTION 6.03.110 Bond Required
An applicant for a beer license shall file a cash or corporate bond in the amount of $1,000.00 guaranteeing faithful performance of the provisions of this chapter in favor of Milford City. In the event a license is revoked for a violation of the provisions of this chapter, the bond shall be forfeited (without any showing of damage or loss) to Milford City.

SECTION 6.03.120 Department of Health Permit
No class "A" 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 beer complies with all the health regulations of this municipality and the State of Utah.

SECTION 6.03.130 Transfer of License
Licenses issued pursuant to this part shall not be transferable, 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 6.03.140 Restrictions
1. It shall be unlawful to sell beer within 150 yards of any church or within 150 yards of any school.
2. Repealed
3. All licensees shall comply with all laws and regulations found in Title 32A, Alcoholic Beverages; Chapter 10, Beer Retailer Licenses; Utah Code Annotated, as amended, 1953.
4. It shall be unlawful for any person to sell beer except in the manner for which he has been so licensed pursuant to the provisions of this part.
5. It shall be unlawful to keep or maintain a nuisance as defined in this code.

SECTION 6.03.150 Inspection
1. All licensed premises shall be subject to inspection by any officer, agent, or peace officer of the municipality or the Alcoholic Beverage 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.
2. 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 ordinance, rule or regulation.
3. 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 6.03.160 Revocation or Suspension
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, any ordinance of this municipality or the Alcoholic Beverage Control Commission, whether now or hereafter enacted which in any way related to the operation of the business or the safety of the public.
1. A hearing may be requested by any person:
2. That is denied or refused a beer license by any officer, agent or employee of this municipality.
3. Whose beer license is revoked, restricted, qualified, or limited from that for which it was first issued.
4. 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 suspending 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.
5. 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.

CHAPTER 6.04
Residential Solicitation
SECTIONs:
6.04.010 Purpose
6.04.020 No Other City License or Approval Required
6.04.030 Definitions
6.04.040 Exemptions from Chapter
6.04.050 Solicitation Prohibited
6.04.060 Registration of Solicitors
6.04.070 Application Form
6.04.080 Written Disclosures
6.04.090 When Registration Begins
6.04.100 Issuance of Certificates
6.04.110 Form of Certificate and Identification Badge
6.04.120 Maintenance of Registry
6.04.130 Non-Transferability of Certificates
6.04.140 Denial, Suspension or Revocation of a Certificate of Registration
6.04.150 Appeal
6.04.160 Deceptive Soliciting Practices Prohibited
6.04.170 "No Solicitation" Notice
6.04.180 Duties of Solicitors
6.04.190 Time of Day Restrictions
6.04.200 Buyer's Right to Cancel
6.04.210 Penalties
SECTION 6.04.010 Purpose
1. Residents of the City have an inalienable interest in their personal safety, well-being, and privacy in their residences, as well as their ability to provide or receive information regarding matters of personal belief, political or charitable activities, and goods and services lawfully in commerce. The City has a substantial interest in protecting the well-being, tranquility, personal safety, and privacy of its citizens, which includes the ability to protect citizens from unwanted intrusions upon residential property. The City also has a substantial interest in protecting citizens from fraud or otherwise unfair consumer sales practices as well as criminal activity.
2. There must be a balance between these substantial interests of the City and its citizens, and the effect of the regulations in this Chapter on the rights of those who are regulated. Based on the collective experiences of City officials derived from regulating business activity, protecting persons and property from criminal conduct, responding to the inquiries of citizens regarding Door-to-Door Solicitation, the experience of its law enforcement officers and those affected by Door-to-Door canvassing and solicitation, as well as judicial decisions outlining the boundaries of constitutional protections afforded and denied persons seeking to engage in Door-to-Door Solicitation, the City adopts this Chapter to promote the City's substantial interests in:
A. respecting citizen's decisions regarding privacy in their residences;
B. protecting persons from criminal conduct;
C. providing equal opportunity to Advocate for and against Religious Belief, Political Position, or Charitable Activities; and
D. permitting truthful and non-misleading Door-to-Door Solicitation regarding lawful Goods or Services in intrastate or interstate commerce.
3. The City finds that the procedures, rules and regulations set forth in this Chapter are narrowly tailored to preserve and protect the City interests referred to herein while at the same time balancing the rights of those regulated.
(Ord. Residential Solicitation, Add, 09/05/2006)

SECTION 6.04.020 No Other City License or Approval Required
1. Registered Solicitors and persons exempt from Registration need not apply for, nor obtain, any other license, permit, or registration from the City to engage in Door-to-Door Solicitation.
2. Any Business licensed by the City under another City Ordinance that uses employees, independent contractors, or agents for Door-to-Door Solicitation in an effort to provide any tangible or intangible benefit to the Business, shall be required to have such Solicitors obtain a Certificate, unless otherwise exempt from Registration.
3. Those Responsible Persons or Entities associated with Registered Solicitors need not apply for, nor obtain, any other license, permit, or registration from the City, provided they do not establish a temporary or fixed place of business in the City.
4. Nothing herein is intended to interfere with or supplant any other requirement of federal, state, or other local government law regarding any license, permit, or certificate that a Registered Solicitor is otherwise required to have or maintain.
(Ord. Residential Solicitation, Add, 09/05/2006)

SECTION 6.04.030 Definitions
1. For the purposes of this Chapter, the following definitions shall apply:

Avocating - means speech or conduct intended to inform, promote, or support Religious Belief, Political Position, or Charitable Activities.

Appeals Officer - means the City Council or designee of the City responsible for receiving the information from the City and Appellant regarding the denial or suspension of a Certificate and issuing a decision as required by this Chapter.

Appellant - means the person or entity appealing the denial or suspension of a Certificate, either personally as an Applicant or registered Solicitor, or on behalf of the Applicant or Registered Solicitor.

Applicant - means an individual who is at least sixteen (16) years of age and not a corporation, partnership, limited liability company, or other lawful entity who applies for a Certificate permitting Door-to-Door Solicitation.

Application Form - means a standardized form provided by the City to an Applicant to be completed and submitted as part of Registration.

B.C.I. - means an original or copy, dated no older than 180 days prior to the date of the Application, of either: (1) a Utah Department of Public Safety Bureau of Criminal Identification verified criminal history report personal to the Applicant; or (2) verification by the Utah Department of Public Safety Bureau of Criminal Identification that no criminal history rising to the level of a Disqualifying Status exists for the Applicant.

Business - means a commercial enterprise licensed by the City as a person or Entity under this Title, having a fixed or temporary physical location within the City.

Certificate - means a temporary, annual, or renewal Certificate permitting Door-to-Door Solicitation in the City applied for or issued pursuant to the terms of this Chapter.

Charitable Activities - means Advocating by persons or Entities that either are, or support, a Charitable Organization.

Charitable Organization - includes any person, joint venture, partnership, limited liability company, corporation, association, group, or other Entity:
A. that is:
1. a benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary, social welfare or advocacy, public health, environmental or conservation, or civic organization;
2. for the benefit of a public safety, law enforcement, or firefighter fraternal association; or
3. established for any charitable purpose; and

B. That is tax exempt under applicable provisions of the Internal Revenue Code of 1986 as amended, and qualified to solicit and receive tax deductible contributions from the public for charitable purposes.

C. Charitable Organization includes a chapter, branch, area, or office, or similar affiliate or any person soliciting contributions within the state for a Charitable Organization that has its principal place of business outside the City or State of Utah.

Competent Individual - means a person claiming or appearing to be at least eighteen (18) years of age and of sufficiently sound mind and body to be able to engage in rational thought, conversation, and conduct.

Completed Application - means a fully completed Application Form, a B.C.I, two copies of the original identification relied on by the Applicant to establish Proof of Identity, and the tendering of Fees.

Criminally Convicted - means the final entry of a conviction, whether by a plea of no contest, guilty, entry of a judicial or jury finding of guilt, which has not been set aside on appeal or pursuant to a writ of habeas corpus. The criminal conviction is that offense of which the Applicant or Registered Solicitor was convicted, without regard to the reduced status of the charge after completion of conditions of probation or parole, and charges dismissed under a plea in abeyance or diversion agreement.

Disqualifying Status - means anything specifically defined in this Chapter as requiring the denial or suspension of a Certificate, and any of the following:

A. The Applicant or Registered Solicitor has been Criminally Convicted of:
1. felony homicide,
2. physically abusing, sexually abusing, or exploiting a minor,
3. the sale or distribution of controlled substances, or
4. sexual assault of any kind.

B. Criminal charges currently pending against the Applicant or Registered Solicitor for:
1. felony homicide,
2. physically abusing, sexually abusing, or exploiting a minor,
3. the sale or distribution of controlled substances, or
4. sexual assault of any kind.

C. The Applicant or Registered Solicitor has been Criminally Convicted of a felony within the last ten (10) years;

D. The Applicant or Registered Solicitor has been incarcerated in a federal or state prison within the past five (5) years;

E. The Applicant or Registered Solicitor has been Criminally Convicted of a misdemeanor within the past five (5) years involving a crime of: (I) moral turpitude, or (ii) violent or aggravated conduct involving persons or property.

F. A Final Civil Judgment been entered against the Applicant or Registered Solicitor within the last five (5) years indicating that:
1. the Applicant or Registered Solicitor had either engaged in fraud, or intentional misrepresentation, or
2. that a debt of the Applicant or Registered Solicitor was non-dischargeable in bankruptcy pursuant to 11 U.S.C. ' 523(a)(2), (a)(4), (a)(6), or (a)(19);

G. The Applicant or Registered Solicitor currently on parole or probation to any court, penal institution, or governmental entity, including being under house arrest or subject to a tracking device;

H. The Applicant or Registered Solicitor has an outstanding arrest warrant from any jurisdiction; or

I. The Applicant or Registered Solicitor is currently subject to a protective order based on physical or sexual abuse issued by a court of competent jurisdiction.

Door to Door Solicitation - means the practice of engaging in or attempting to engage in conversation with any person at a Residence, whether or not that person is a Competent Individual, while making or seeking to make or facilitate a Home Solicitation Sale, or attempting to further the sale of Goods and or Services.

Entity - includes a corporation, partnership, limited liability company, or other lawful entity, organization, society or association.

Fees - means the cost charged to the Applicant or Registered Solicitor for the issuance of a Certificate and/or Identification Badge, which shall not exceed the reasonable costs of processing the application and issuing the Certificate and//or Identification Badge.

Final Civil Judgment - means a civil judgment that would be recognized under state law as a judgment to which collateral estoppel would apply.

Goods - means one or more tangible items, wares, objects of merchandise, perishables of any kind, subscriptions, or manufactured products offered, provided, or sold.

Home Solicitation Sale - means to make or attempt to make a Sale of Goods or Services by a Solicitor at a Residence by means of Door-to-Door Solicitation, regardless of

A. the means of payment or consideration used for the purchase;

B. the time of delivery of the Goods or Services; or

C. the previous or present classification of the Solicitor as a solicitor, peddler, hawker, itinerant merchant, or similar designation.

Licensing Officer - means the City employee(s) or agent(s) responsible for receiving from an Applicant or Registered Solicitor the Completed Application and either granting, suspending, or denying the Applicant's Certificate.

No Solicitation Sign - means a reasonably visible and legible sign that states No Soliciting, No Solicitors, No Salespersons, No Trespassing, or words of similar import.

Political Position - means any actually held belief, or information for, against, or in conjunction with any political, social, environmental, or humanitarian belief or practice.

Registered Solicitor - means any person who has been issued a current Certificate by the City.

Registration - means the process used by the City Licensing Officer to accept a Completed Application and determine whether or not a Certificate will be denied, granted, or suspended.

Religious Belief - means any sincerely held belief, or information for, against, or in conjunction with, any theistic, agnostic, or atheistic assumption, presumption or position, or religious doctrine, dogma, or practice regardless of whether or not the belief or information is endorsed by any other person or public or private entity.

Residence - means any living unit contained within any building or structure that is occupied by any person as a dwelling consistent with the zoning laws of the City, together with the lot or other real property on which the living unit is located. This does not include the sidewalk, public street or public rights of way.

Responsible Person or Entity - means that person or Entity responsible to provide the following to an Applicant, Registered Solicitor, and the Competent Individual in a Residence to whom a Sale of Goods or Services is made or attempted to be made by means of a Home Solicitation Sale:

A. maintaining a state sales tax number, a special events sales tax number, computing the sales taxes owing from any Sale of Goods or Services, paying the sales taxes, and filing any required returns or reports;

B. facilitating and responding to requests from consumers who desire to cancel the sale pursuant to applicable contractual rights or law; and

C. refunding any monies paid or reversing credit card charges to those persons who timely rescind any sale pursuant to applicable contractual rights or law.

Sale of Goods or Services - means the conduct and agreement of a Solicitor and the Competent Individual in a Residence regarding a particular Good(s) or Service(s) that entitles the consumer to rescind the same within three days under any applicable federal, state, or local law.

Services - means those intangible goods or personal benefits offered, provided, or sold to a Competent Individual of a Residence.

Soliciting or Solicit or Solicitation means any of the following activities:

A. Seeking to obtain Sales or orders for the exchange of goods, wares, merchandise or perishables of any kind, for any kind of remuneration or consideration, regardless of whether advance payment is sought;

B. Seeking to obtain prospective customers to apply for or to purchase insurance, subscriptions to publications, or publications;

C. Seeking to obtain contributions of money or any other thing of value for the benefit of any person or Entity;

D. Seeking to obtain orders or prospective customers for Goods or Services.

E. Seeking to engage an individual in conversation at a Residence for the purpose of promoting or facilitating the receipt of information regarding Religious Belief, Political Position, Charitable Conduct, or a Home Solicitation Sale.

F. Other activities falling within the commonly accepted definition of Soliciting, such as hawking or peddling.

Solicitor or Solicitors - means a person(s) engaged in Door-to-Door Solicitation.

Submitted in Writing - means the information for an appeal of a denial or suspension of a Certificate, submitted in any type of written statement to the City offices by certified, registered, priority, overnight or delivery confirmation mail, facsimile, or hand delivery.

Substantiated Report - means an oral, written, or electronic report:

A. That is submitted to and documented by the City;

B. By any of the following:
1. A Competent Individual who is willing to provide law enforcement or other City employees with publicly available identification of their name, address, and any other reliable means of contact;
2. City law enforcement or Licensing Officer; or
3. Any other regularly established law enforcement agency at any level of government;

C. That provides any of the following information regarding a Registered Solicitor:
1. Documented verification of a previously undisclosed Disqualifying Status of a Registered Solicitor;
2. Probable cause that the Registered Solicitor has committed a Disqualifying Status which has not yet been determined to be a Disqualifying Status;
3. Documented, eye-witness accounts that the Registered Solicitor has engaged in repeated patterns of behavior that demonstrates failure by the Registered Solicitor to adhere to the requirements of this Chapter; or
4. Probable cause that continued licensing of the Registered Solicitor creates exigent circumstances that threaten the health, safety, or welfare of any individuals or entities within the City.

Waiver - means the written form provided to Applicant by the City wherein Applicant agrees that the City may obtain a name/date of birth BCI background check on the Applicant for licensing purposes under this Chapter, and which contains Applicant's notarized signature.
(Ord. Residential Solicitation, Add, 09/05/2006)

SECTION 6.04.040 Exemptions from Chapter
1. The following are exempt from Registration under this Chapter:

A. Persons specifically invited to a Residence by a Competent Individual prior to the time of the person's arrival at the Residence;

B. Persons whose license, permit, certificate or registration with the State of Utah permits them to engage in Door to Door Solicitation to offer Goods or Services to an occupant of the Residence;

C. Persons delivering Goods to a Residence pursuant to a previously made order, or persons providing Services at a Residence pursuant to a previously made request by a Competent Individual;

D. Persons advocating or disseminating information for, against, or in conjunction with, any Religious Belief, or Political Position regardless of whether Goods, Services, or any other consideration is offered or given, with or without any form of commitment, contribution, donation, pledge, or purchase; and

E. Persons representing a Charitable Organization. The charitable exemption shall apply to students Soliciting contributions to finance extracurricular social, athletic, artistic, scientific or cultural programs, provided that the Solicitation has been approved in writing by the school administration, and that such student Solicitors carry current picture student identification from the educational institution for which they are Soliciting.

2. Those Persons exempt from Registration are not exempt from the duties and prohibitions outlined in Sections 6.04.170, 6.04.180 and 6.04.190 while Advocating or Soliciting.
(Ord. Residential Solicitation, Add, 09/05/2006)

SECTION 6.04.050 Solicitation Prohibited
Unless otherwise authorized, permitted, or exempted pursuant to the terms and provisions of this Chapter, the practice of being in and upon a private Residence within the City by Solicitors, for the purpose of Home Solicitation Sales or to provide Goods or Services, is prohibited and is punishable as set forth in this Chapter.
(Ord. Residential Solicitation, Add, 09/05/2006)

SECTION 6.04.060 Registration of Solicitors
Unless otherwise exempt under this Chapter, all persons desiring to engage in Door-to-Door Solicitation within the City, prior to doing so, shall submit a Completed Application to the Licensing Officer and obtain a Certificate.
(Ord. Residential Solicitation, Add, 09/05/2006)

SECTION 6.04.070 Application Form
The Licensing Officer shall provide a standard Application Form for use for the Registration of Solicitors. Upon request to the Licensing Officer, or as otherwise provided, any person or Entity may obtain in person, by mail, or facsimile, a copy of this Application Form. Each Application Form shall require disclosure and reporting by the Applicant of the following information, documentation, and fee:

1. Review of Written Disclosures. An affirmation that the Applicant has received and reviewed the disclosure information required by this Chapter.

2. Contact Information.
A. Applicant's true, correct and legal name, including any former names or aliases used during the last ten (10) years;

B. Applicant's telephone number, home address and mailing address, if different;

C. If different from the Applicant, the name, address, and telephone number of the Responsible Person or Entity; and

D. The address by which all notices to the Applicant required under this Chapter are to be sent.

3. Proof of Identity. An in-person verification by the Licensing Officer of the Applicant's true identity by use of any of the following which bear a photograph of said Applicant:

A. A valid drivers license issued by any State;

B. A valid passport issued by the United States;

C. A valid identification card issued by any State;

D. A valid identification issued by a branch of the United States military.

E. Upon verification of identity, the original identification submitted to establish Proof of Identity shall be returned to the Applicant.

4. Proof of Registration with Department of Commerce. The Applicant shall provide proof that either the Applicant, or the Responsible Person or Entity, has registered with the Utah State Department of Commerce;

5. Special Events Sales Tax Number. The Applicant shall provide a special events sales tax number for either the Applicant, or for the Responsible Person or Entity for which the Applicant will be soliciting;

6. Marketing Information.
A. The Goods or Services offered by the Applicant, including any commonly known, registered or trademarked names;

B. Whether the Applicant holds any other licenses, permits, registrations, or other qualifications required by federal or state law to promote, provide, or render advice regarding the offered Goods or Services.

7. BCI Background Check. The Applicant shall provide:
A. An original or a copy of a BCI background check as defined in 6.04.030; and

B. A signed copy of a Waiver whereby Applicant agrees to allow the City to obtain a name/date of birth BCI background check on Applicant for purposes of enforcement of this Chapter.

8. Responses to Questions Regarding Disqualifying Status. The Applicant shall be required to affirm or deny each of the following statements on the Application Form:

A. Has the Applicant been Criminally Convicted of:
1. felony homicide,
2. physically abusing, sexually abusing, or exploiting a minor,
3. the sale or distribution of controlled substances, or
4. sexual assault of any kind.

B. Are any criminal charges currently pending against the Applicant for:
1. felony homicide,
2. physically abusing, sexually abusing, or exploiting a minor,
3. the sale or distribution of controlled substances, or
4. sexual assault of any kind.

C. Has the Applicant been Criminally Convicted of a felony within the last ten (10) years;

D. Has the Applicant been incarcerated in a federal or state prison within the past five (5) years;

E. Has the Applicant been Criminally Convicted of a misdemeanor within the past five (5) years involving a crime of:
1. moral turpitude, or
2. violent or aggravated conduct involving persons or property.

F. Has a Final Civil Judgment been entered against the Applicant within the last five (5) years indicating that:
1. the Applicant had either engaged in fraud, or intentional misrepresentation, or
2. that a debt of the Applicant was non-dischargeable in bankruptcy pursuant to 11 U.S.C. ' 523(a)(2), (a)(4), (a)(6), or (a)(19);

G. Is the Applicant currently on parole or probation to any court, penal institution, or governmental entity, including being under house arrest or subject to a tracking device;

H. Does the Applicant have an outstanding arrest warrant from any jurisdiction; or

I. Is the Applicant currently subject to a protective order based on physical or sexual abuse issued by a court of competent jurisdiction.

9. Fee. The Applicant shall pay such fees as determined applicable by the City, which shall not exceed the reasonable cost of processing the application and issuing the Certificate and/or Identification Badge.

10. Execution of Application. The Applicant shall execute the Application Form, stating upon oath or affirmation, under penalty of perjury, that based on the present knowledge and belief of the Applicant, the information provided is complete, truthful and accurate.
(Ord. Residential Solicitation, Add, 09/05/2006)

SECTION 6.04.080 Written Disclosures
The Application Form shall be accompanied by written disclosures notifying the Applicant of the following:

1. The Applicant's submission of the Application authorizes the City to verify information submitted with the Completed Application including:

A. the Applicant's address;

B. the Applicant's and/or Responsible Person or Entity's state tax identification and special use tax numbers, if any;

C. the validity of the Applicant's Proof of Identity;

2. The City may consult any publically available sources for information on the Applicant, including but not limited, to databases for any outstanding warrants, protective orders, or civil judgments.

3. Establishing Proof of Identity is required before Registration is allowed;

4. Identification of the fee amount that must be submitted by Applicant with a Completed Application;

5. The Applicant must submit a BCI background check with a Completed Application;

6. To the extent permitted by State and/or federal law, the Applicants BCI background check shall remain a confidential, protected, private record not available for public inspection;

7. The City will maintain copies of the Applicants Application Form, Proof of Identity, and Identification Badge. These copies will become public records available for inspection on demand at the City offices whether or not a Certificate is denied, granted, or renewed.

8. The criteria for Disqualifying Status, denial, or suspension of a Certificate under the provisions of this Chapter.

9. That a request for a temporary Certificate will be granted or denied the same business day that a Completed Application is submitted.
(Ord. Residential Solicitation, Add, 09/05/2006)

SECTION 6.04.090 When Registration Begins
The Licensing Officer shall not begin the Registration process unless the Applicant has submitted a Completed Application. The original identification submitted to establish Proof of Identity shall be returned after the Licensing Officer verifies the Applicant's identity. A copy of the identification may be retained by the Licensing Officer. If an original B.C.I. background check is submitted by the Applicant, the Licensing Officer shall make a copy of the B.C.I. and return the original to the Applicant.
(Ord. Residential Solicitation, Add, 09/05/2006)

SECTION 6.04.100 Issuance of Certificates
The Licensing Officer shall review the Completed Application submitted by the Applicant and issue a Certificate in accordance with the following:

1. Temporary Certificate.

A. A temporary Certificate shall be issued allowing the Applicant to immediately begin Door-to-Door Solicitation upon the following conditions:

1. Applicant's submission of a Completed Application;

2. Applicant's submission of the required fee;

3. Applicant establishes Proof of Identity;

4. the Applicant's representations on the Application Form do not affirmatively show a Disqualifying Status;

5. the B.C.I. does not affirmatively show a Disqualifying Status; and

6. the Applicant has not previously been denied a Certificate by the City, or had a Certificate revoked for grounds that still constitute a Disqualifying Status under this Chapter.

B. A temporary Certificate will automatically expire after twenty-five (25) calendar days from issuance, or upon grant or denial of an annual Certificate, whichever period is shorter.

2. Annual Certificate. Within twenty-five (25) calendar days of the issuance of a temporary Certificate the City shall:

A. Take any and all actions it deems appropriate to verify the truthfulness and completeness of the information submitted by the Applicant, including, but not limited to those disclosed with the Application Form.

B. Issue written notice to the Applicant and the Responsible Person or Entity, if any, that the Applicant either:

1. will be issued an annual Certificate, eligible for renewal one year from the date of issuance of the temporary Certificate; or

2. will not be issued an Annual Certificate for reasons cited in Section 000-014 of this Chapter.

3. Renewal Certificate. An annual Certificate shall be valid for one year from the date of issuance of the temporary Certificate and shall expire at midnight on the anniversary date of issuance. Any annual Certificate that is not suspended, revoked, or expired may be renewed upon the request of the Registered Solicitor and the submission of a new Completed Application and payment of the Fee, unless any of the conditions for the denial, suspension or revocation of a Certificate are present as set forth in section 6.04.140, or a Disqualifying Status is present.
(Ord. Residential Solicitation, Add, 09/05/2006)

SECTION 6.04.110 Form of Certificate and Identification Badge
1. Should the Licensing Officer determine that the Applicant is entitled to a Certificate, the Licensing Officer shall issue a Certificate to the Applicant. The Certificate shall list the name of the Registered Solicitor and the Responsible Person or Entity, if any, and the date on which the Certificate expires. The Certificate shall be dated and signed by the License Officer. The Certificate shall be carried by the Registered Solicitor at all times while Soliciting in the City.

2. Identification Badge. With both the temporary and annual Certificates, the City shall issue each Registered Solicitor an Identification Badge that shall be worn prominently on his or her person while Soliciting in the City. The Identification Badge shall bear the name of the City and shall contain: (a) the name of the Registered Solicitor; (b) address and phone number of the Registered Solicitor, or the name, address, and phone number of the Responsible Person or Entity as provided; (c) a recent photograph of the Registered Solicitor; and (d) the date on which the Certificate expires.
(Ord. Residential Solicitation, Add, 09/05/2006)

SECTION 6.04.120 Maintenance of Registry
The Licensing Officer shall maintain and make available for public inspection a copy or record of every Completed Application received and the Certificate or written denial issued by the City. The Applicant's BCI background check shall remain a confidential, protected, private record not available for public inspection. The Licensing Officer may furnish to the head of the City's law enforcement agency a listing of all Applicants, those denied, and those issued a Certificate.
(Ord. Residential Solicitation, Add, 09/05/2006)

SECTION 6.04.130 Non-Transferability of Certificates
Certificates shall be issued only in the name of the Applicant and shall list the Responsible Party or Entity, if any. The Certificate shall be non-transferable. A Registered Solicitor desiring to facilitate or attempt to facilitate Home Solicitation Sales with different: (a) Goods or Services; or (b) Responsible Person or Entity, from those designated in the originally submitted Completed Application, shall submit a written change request to the Licensing Officer. A new Certificate based on the amended information shall be issued for the balance of time remaining on the Solicitor's previous Certificate before the amendment was filed. Before the new Certificate is given to the Registered Solicitor, the Registered Solicitor shall obtain a revised Identification Badge from the City, after payment of the Fee for the Identification Badge.
(Ord. Residential Solicitation, Add, 09/05/2006)

SECTION 6.04.140 Denial, Suspension or Revocation of a Certificate of Registration
Upon review, the Licensing Officer shall refuse to issue a Certificate to an Applicant for any of the following reasons:

1. Denial of Temporary Certificate.

A. the Application Form is not complete;
B. the Applicant fails to
1. establish Proof of Identity,
2. provide a B.C.I. or
3. pay the Fees;
C. the Completed Application or B.C.I. indicates that the Applicant has a Disqualifying Status; or
D. The Applicant has previously been denied a Certificate by the City, or has had a Certificate revoked for grounds that still constitute a Disqualifying Status under this chapter.

2. Denial of Annual Certificate.

A. The information submitted by the Applicant at the time of the granting of the temporary Certificate is found to be incomplete or incorrect;
B. Since the submission of the Completed Application, the Applicant is subject to a previously undisclosed or unknown Disqualifying Status;
C. Failure to complete payment of the Fees;
D. Since the submission of the Application, the City has received a Substantiated Report regarding the past or present conduct of the Applicant;
E. Since the submission of the Application, the City or other governmental entity has either Criminally Convicted or obtained a civil injunction against the Applicant for violating this Chapter or similar Federal, State, or municipal laws in a manner rising to the level of a Disqualifying Status; or
F. Since the submission of the Application, a Final Civil Judgment has been entered against the Applicant indicating that:
1. the Applicant had either engaged in fraud, or intentional misrepresentation, or
2. that a debt of the applicant was non-dischargeable in bankruptcy pursuant to 11 U.S.C. ' 523(a)(2), (a)(4), (a)(6), or (a)(19).

3. Denial of Annual Certificate Renewal.

A. The information submitted by the Applicant when seeking renewal of a Certificate is found to be incomplete or incorrect;
B. Since the submission of the renewal Application, the Applicant is subject to a previously undisclosed or unknown Disqualifying Status;
C. Failure to complete payment of the Fees;
D. Since the submission of the Application or granting of a Certificate, the City has received a Substantiated Report regarding the past or present conduct of the Solicitor;
E. The City or other governmental entity has either Criminally Convicted or obtained a civil injunction against the Applicant for violating this Chapter or similar Federal, State, or municipal laws in a manner rising to the level of a Disqualifying Status; or
F. Since the submission of the Application, a Final Civil Judgment has been entered against the Applicant indicating that:
1. the Applicant had either engaged in fraud, or intentional misrepresentation, or
2. that a debt of the applicant was non-dischargeable in bankruptcy pursuant to 11 U.S.C. ' 523(a)(2), (a)(4), (a)(6), or (a)(19).

4. Suspension or Revocation. The City shall either suspend or revoke a Certificate when any of the reasons warranting the denial of a Certificate occurs.

5. Notice of Denial or Suspension. Upon determination of the Licensing Officer to deny an Applicant's Completed Application or to suspend a Registered Solicitor's Certificate, the City shall cause written notice to be sent to the Applicant or Registered Solicitor by the method indicated in the Completed Application. The Notice shall specify the grounds for the denial or suspension, the documentation or information the City relied on to make the decision, the availability of the documentation for review by Applicant upon one (1) business day notice to the City, and the date upon which the denial or suspension of the Certificate shall take effect. It shall further state that the Applicant or Registered Solicitor shall have ten (10) business days from the receipt of the notice of denial or suspension to appeal the same. The denial or suspension of the Certificate shall be effective no sooner than two (2) calendar days from the date the notice is sent, unless that suspension is because of exigent circumstances outlined in Section 000-003(34)(C)(4), in which case, the suspension is effective immediately. The denial or suspension shall remain effective unless and until the order is rescinded, overturned on appeal, or determined by a court to be contrary to equity or law. Failure to appeal the suspension of a Certificate automatically results in its revocation.
(Ord. Residential Solicitation, Add, 09/05/2006)

SECTION 6.04.150 Appeal
1. An Applicant or Registered Solicitor whose Certificate has been denied or suspended shall have the right to appeal to the City Council or its designee. Any appeal must be submitted by either the Applicant, the Responsible Person or Entity, or legal counsel for either who:
A. documents the relationship with the Applicant or Responsible Person or Entity; or
B. is licensed or authorized by the State of Utah to do so, and makes the assertion of an agency relationship. The following procedures and requirements shall apply:

2. Any appeal must be Submitted in Writing to the City Recorder with a copy to the License Officer within ten (10) business days of the decision from which the appeal is taken. Such appeal shall describe in detail the nature of the appeal, the action complained of and the grounds for appeal.

3. Upon request of the Applicant or Registered Solicitor, within one business day, the City will make available any information upon which it relied in making the determination to either deny or suspend the Certificate.

4. The Appeals Officer shall review, de novo, all written information submitted by the Applicant or Registered Solicitor to the Licensing Officer, any additional information relied upon by the Licensing Officer as the basis for denial, suspension or revocation, and any additional information supplied by the City, Applicant or Registered Solicitor. Any additional information submitted by any party to the appeal to the Appeals Officer shall be simultaneously submitted to the opposing party. If desired, any party shall have three (3) business days to submit rebuttal documentation to the Appeals Officer regarding the additional information submitted by the opposing party.

5. The Appeals Officer will render a decision no later than fifteen (15) calendar days from the date the appeal was taken, unless an extension of time is agreed upon by the parties. In the event that any party to the appeal submits rebuttal information as allowed in Section 6.04.150 (3), the fifteen (15) calendar days shall be extended to include the additional three (3) days for rebuttal.

A. The denial or suspension of the Certificate shall be reversed by the Appeals Officer if upon review of the written appeal and information submitted, the Appeals Officer finds that the Licensing Officer made a material mistake of law or fact in denying or suspending the Applicant or Registered Solicitor's Certificate.

B. If the written appeal and information submitted indicates that the Licensing Officer properly denied or suspended the certificate of the Applicant or Registered Solicitor, the denial or suspension of the Certificate shall be affirmed and constitute a determination that the suspended Certificate is revoked.

C. The decision of the Appeals Officer shall be delivered to the Applicant or Registered Solicitor by the means designated in the completed Application, or as otherwise agreed upon when the Appeal was filed.

6. After the ruling of the Appeals Officer, the Applicant or Solicitor is deemed to have exhausted all administrative remedies with the City.

7. Nothing herein shall impede or interfere with the Applicant's, Solicitor's, or City's right to seek relief in a court of competent jurisdiction.
(Ord. Residential Solicitation, Add, 09/05/2006)

SECTION 6.04.160 Deceptive Soliciting Practices Prohibited
1. No Solicitor shall intentionally make any materially false or fraudulent statement in the course of Soliciting.

2. A Solicitor shall immediately disclose to the consumer during face-to-face Solicitation;
A. the name of the Solicitor;
B. the name and address of the entity with whom the Solicitor is associated; and
C. the purpose of the Solicitor's contact with the person and/or Competent Individual. This requirement may be satisfied through the use of the Badge and an informational flyer.

3. No Solicitor shall use a fictitious name, an alias, or any name other than his or her true and correct name.

4. No Solicitor shall represent directly or by implication that the granting of a Certificate of Registration implies any endorsement by the City of the Solicitor's Goods or Services or of the individual Solicitor.
(Ord. Residential Solicitation, Add, 09/05/2006)

SECTION 6.04.170 "No Solicitation" Notice
1. Any occupant of a Residence may give notice of a desire to refuse Solicitors by displaying a No Solicitation sign which shall be posted on or near the main entrance door or on or near the property line adjacent to the sidewalk leading to the Residence.

2. The display of such sign or placard shall be deemed to constitute notice to any Solicitor that the inhabitant of the Residence does not desire to receive and/or does not invite Solicitors.

3. It shall be the responsibility of the Solicitor to check each Residence for the presence of any such Notice.

(4) The provisions of this Section shall apply also to Solicitors who are exempt from Registration pursuant to the provisions of this Chapter.
(Ord. Residential Solicitation, Add, 09/05/2006)

SECTION 6.04.180 Duties of Solicitors
1. Every person Soliciting or Advocating shall check each Residence for any "No Soliciting" sign or placard or any other notice or sign notifying a solicitor not to solicit on the premises, such as, but not limited to, "No Solicitation" signs. If such sign or placard is posted such Solicitor shall desist from any efforts to solicit at the Residence or dwelling and shall immediately depart from such property. Possession of a Certificate of Registration does not in any way relieve any solicitor of this duty.

2. It is a violation of this Chapter for any person Soliciting or Advocating to knock on the door, ring the doorbell, or in any other manner attempt to attract the attention of an occupant of a Residence that bears a No Solicitation sign or similar sign or placard for the purpose of engaging in or attempting to engage in Advocating, a Home Solicitation Sale, Door-to-Door Soliciting, or Soliciting.

3. It is a violation of this Chapter for any Solicitor through ruse, deception, or fraudulent concealment of a purpose to Solicit, to take action calculated to secure an audience with an occupant at a Residence.

4. Any Solicitor who is at any time asked by an occupant of a Residence or dwelling to leave shall immediately and peacefully depart.

5. The Solicitor shall not intentionally or recklessly make any physical contact with, or touch another person without the person's consent;

6. The Solicitor shall not follow a person into a Residence without their explicit consent;

7. The Solicitor shall not continue repeated Soliciting after a person and/or Competent Individual has communicated clearly and unequivocally their lack of interest in the subject, Goods or Services of the Solicitor;

8. The Solicitor shall not use obscene language or gestures.
(Ord. Residential Solicitation, Add, 09/05/2006)

SECTION 6.04.190 Time of Day Restrictions
It shall be unlawful for any person, whether licensed or not, to Solicit at a Residence before 9:00 a.m. or after 9:00 p.m Mountain Time, unless the Solicitor has express prior permission from the resident to do so.
(Ord. Residential Solicitation, Add, 09/05/2006)

SECTION 6.04.200 Buyer's Right to Cancel
In any Home Solicitation Sale, unless the buyer requests the Solicitor to provide Goods or Services without delay in an emergency, the seller or Solicitor shall present to the buyer and obtain buyer's signature to a written statement which informs the buyer of the right to cancel within the third business day after signing an agreement to purchase. Such notice of "Buyer's right to cancel" shall be in the form required by ' 70C-5-103, Utah Code Annotated, 1953, or a current version thereof or any State or Federal law modifying or amending such provision.
(Ord. Residential Solicitation, Add, 09/05/2006)

SECTION 6.04.210 Penalties
Any person who violates any term or provision of this Chapter shall be guilty of a Class B Misdemeanor and shall be punished by a fine of not to exceed $1,000.00 and/or a jail sentence of not to exceed six (6) months.
(Ord. Residential Solicitation, Add, 09/05/2006)

CHAPTER 6.60
Sexually Oriented Businesses
SECTIONs:
6.60.010 Purpose and Intent
6.60.020 Definitions
6.60.030 Establishment and Classification of Business Regulated
6.60.040 Measurement of Distance
6.60.050 Location of Sexually Oriented Businesses
6.60.060 Regulations Governing Existing Sexually Oriented Businesses
6.60.070 Injunction
6.60.080 Purpose and Intent - Permits
6.60.090 Permit Required
6.60.100 Investigation and Application
6.60.110 Issuance of Permit
6.60.120 Annual Permit Fee
6.60.130 Inspection
6.60.140 Expiration of Permit
6.60.150 Suspension of Permit
6.60.160 Revocation of Permit
6.60.170 Judicial Review of Permit Denial, Suspension of Revocation
6.60.180 Transfer of Permit
6.60.190 Sexually Oriented Business Employee License
6.60.200 Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos in Video Booths
6.60.210 Prohibitions Regarding Minors and Sexually Oriented Businesses
6.60.220 Advertising Regulations
6.60.230 Hours of Operation
6.60.240 Nudity Prohibited at Sexually Oriented Business
6.60.250 Additional Criminal Prohibitions for the Operation of a Sexually Oriented Business Without a Valid Permit
6.60.260 Exemptions
6.60.270 Criminal Penalties and Additional Legal, Equitable, and Injunctive Relief
6.60.280 Immunity From Prosecution
6.60.290 Prohibition of Distribution of Sexual Devices
6.60.310 Conflicting Ordinance Repealed
SECTION 6.60.010 Purpose and Intent
It is the purpose and intent of this ordinance to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizen of the City and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the City, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of the ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of the ordinance to condone or legitimize the distribution of obscene material.

SECTION 6.60.020 Definitions
For the purpose of this division, certain terms and words are defined as follows:
1. “Sexually Oriented Businesses” are those businesses defined as follows:
A. “Adult Arcade” means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, slides, or other photographic reproduction which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
B. “Adult Bookstore”, “Adult Novelty Store” or “Adult Video Store” means a commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale, rental for any form of consideration, of anyone or more of the following:
1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”;
2. Instruments, devices, or paraphernalia which are designed for use or marketed primarily or stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
3. An establishment may have other principal business purposes that do not involve the offering for sale rental or viewing of materials depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe “specified anatomical areas” or “specified sexual activities”.
C. “Adult cabaret” means a nightclub, bar, restaurant, “bottle club”, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
1. Persons who appear semi-nude or in a state of semi-nudity;
2. Live performances which are characterized by the exposure of “specified anatomical areas” or by pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
D. “Adult Motel” means a motel, hotel or similar commercial establishment which:
1. offers public accommodation, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspaper, magazines, pamphlets or leaflets, radio or television, or;
2. Offers a sleeping room for rent for a period of time less than ten (10) hours; or
3. Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten (10) hours.
E. “Adult motion picture theater” means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” are regularly shown for any form of consideration.
F. “Adult theatre” means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration regularly features persons who appear in a state of semi-nudity or live performances which are characterized by exposure of “specified sexual activities” or “specified anatomical areas” or by “specified sexual activities.
G. “Escort” means a person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
H. “Escort Agency” means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of it primary business purposes for a fee, tip or other consideration.
I. “Massage parlor” means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with “specified sexual activities”, or where any person providing such treatment, manipulation, or service related thereto, exposes his or her “specified anatomical areas”. The definition of sexually oriented businesses shall not include the practice of massage in any license hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
J. “Semi-Nude Model Studio” means any place where a person, who regularly appears in a state of semi-nudity is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
K. “Sexual Encounter Establishments” mean a business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of “specified sexual activities” when one or more of the persons is simi-nude. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
2. “Employee” means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.
3. The “establishment” means and includes any of the following:
A. The opening or commencement of any such business as a new business;
B. The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;
D. The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or
D. The relocation of any such sexually oriented business.
4. “Nudity or State of Nudity” means:
A. The appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or
B. A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
5. “Operator” means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.l
6. “Public building” means any building owner, leased or held by the United States, the state, the county, the city, and special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.
7. “Public park or “recreation park” means public land which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation activities.
8. “Religious institution” means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
9. “School” means any public or private educational facility including but not limited to child day care facilities, nursery schools, preschool, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
10. “Permitted or Licensed Premises” means any premises that requires a license and/or permit and that is classified as a sexually oriented business.
11. “Permittee and/or Licensee” means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
12. “Person” means an individual, proprietorship, partnership, corporation, association, or other legal entity.
13. “Sexually Oriented Business” means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theatre, adult theatre, massage parlor, sexual encounter establishment, escort agency or semi-nude model studio.
14. “Residential District or Use” means a single family, duplex, townhouse, multiple family, or mobile park or subdivision and campground as defined in the Milford City Code.
15. “Specified Anatomical Areas” as used in this division means and includes any of the following:
A. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
16. “Specified Sexual Activities” as used in this division, means and includes any of the following:
A. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy.
C. Masturbation, actual or simulated; or
D. Human genitals in a state of sexual stimulation, arousal or tumescences;
E. Excretory functions as part of or in connection with any of the activities set forth in subdivisions 1 through 4 of this subsection.
17. “Semi-Nude” means a state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
18. “Substantial Enlargement of a Sexually Oriented Business” means increase in the floor areas occupied by the business by more than 15%, as the floor areas exist on January 1, 1998.
19. “Transfer of Ownership or Control of a Sexually Oriented Business” means and includes any of the following:
A. The sale, lease or sublease of the business.
B. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means;
C. The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.

SECTION 6.60.030 Establishment and Classification of Business Regulated
The establishment of a Sexual Oriented Business shall be permitted only in the specified M Zoning and shall be subject to the following restrictions:
1. No person shall cause or permit the establishment of any of the following sexually oriented businesses, as defined above, within 1,000 feet of another such business or within 1,000 feet of any religious institution, school, boys club, girls club, or similar existing youth organization, or public park or public building, or within 1,000 feet of any property zoned for residential use or used for residential purposes and are classified as follows:
A. Adult arcade.
B. Adult bookstore, adult novelty store or adult video store.
C. Adult Cabaret
D. Adult Motel
E. Adult Motion Picture Theater
F. Adult Theater
G. Massage Parlor
H. Sexual encounter establishment
I. Escort agency, or
J. Nude model studio.

SECTION 6.60.040 Measurement of Distance
As regarding Section 6.60.030, paragraph 1, distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any sexually oriented business and any religious institution, school, boys club, girls club, or similar existing youth organization, or public park or public building, or any properties zoned for residential use or used for residential purpose shall also be measured in a straight line, without regard to intervening structures or objects from the nearest portion of the building or structure used as part of the premises where the sexually oriented business is conducted, to the nearest property line of the premises of a religious institution, school, boys club, girls club, or similar existing youth organization, or public park or public building, or any properties zoned for residential use or used for residential purposes.

SECTION 6.60.050 Location of Sexually Oriented Businesses
The City of Milford’s Zoning Ordinance hereby requires that sexually oriented businesses shall be permitted only in Zoning as provided in 6.60.030. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in Section 6.60.080 et. Seq. of this division. In addition, any sexually oriented business shall be subject to the following restrictions:
1. The person commits a misdemeanor, if he operates or causes to be operated a sexually oriented business except as provided in Section 6.60.030.
2. The person commits a misdemeanor if he operates or causes to be operated a sexually oriented business with 1,000 feet of:
A. Any religious institution.
B. Any school
C. The boundary of any residential district
D. A public park adjacent to any residential district
E. A property line of a lot devoted to residential use or
F. A boys club, girls club or similar existing youth organization.
3. A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business with 1,000 feet of another such business, which will include, any adult arcade, adult book store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor or any sexual encounter establishment.
4. A person commits a misdemeanor if he causes or permits the operation, establishment or maintenance of more than one sexually oriented business within the same building, structure, or portion thereof, or causes the substantial enlargement of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
5. It is a defense to prosecution under this section if a person appearing in a state of nudity did so in a modeling class operated:
A. By a proprietary school, licenses by the State of Utah, a college, junior college, or university supported entirely or partly by taxation.
B. by a private college of university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation, or
C. In a structure:
1. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
2. Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
3. Where no more than one nude model is on the premises at any one time.

SECTION 6.60.060 Regulations Governing Existing Sexually Oriented Businesses
1. Any sexually oriented business lawfully operating on January 1, 1998 that is in violation of Section 6.60.030 and 6.60.050 of this division, shall be deemed a non-conforming use. A non-conforming use will be permitted to continue for a period of one year, with a possible extension of one year to be granted by the Milford City Council only upon a convincing showing of extreme financial hardship which is defined as the recovery of the initial financial investment in the non-conforming use, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at the particular location is the conforming use and the later established business(es) is non-conforming.
2. A sexually oriented business lawfully operating as' conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of a sexually oriented business permit and/or license, of a church, public or private elementary or secondary school, public park, public building, residential district, or residential lot within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit and/or license and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.
3. Any establishment subject to the provision of this section shall apply for the permit provided for by Section 10 within thirty (30) days of the effective date of this ordinance. Any establishment, existing prior to the effective date of this ordinance, shall comply with the regulations pertaining to Section 20, 22, and 3% within sixty (60) days of the effective date of the ordinance, and all other applicable permit regulations within 30 days of the effective date of this ordinance.

SECTION 6.60.070 Injunction
A person who operates or causes to be operated a sexually oriented business without having a valid permit due to location restrictions is subject to a suit for injunction' as well as prosecution for the criminal violation. Such violation shall be punishable by a fine of $1,000.00 and/or thirty (30) days imprisonment, and if an injunction must be sought, attorneys fees and costs will be assessed at the discretion of the Court against the sexually oriented business.

SECTION 6.60.080 Purpose and Intent - Permits
It is the purpose of this ordinance to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent deleterious effects of sexually oriented businesses within the City. The provisions of this Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this Ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent or effect of this Ordinance to in any way condone or legitimize the distribution of obscene or harmful to minors, material.

SECTION 6.60.090 Permit Required
1. No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit issued by the City for the particular type of business. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business without said permit.
2. The City Recorder or his/her designee is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually oriented business permits for proposed or existing sexually oriented businesses. The City Recorder or his/her designee is also responsible for ascertaining whether a proposed sexually oriented business for which a permit is being applied for complies with all location requirements of Sections 3, 5, and 6 of this Ordinance, all applicable zoning laws and/or regulations now in effect or as amended or enacted subsequent to the effective date of this Ordinance in the City and the City Comprehensive Plan. The Milford Police Department is responsible for providing information on whether an applicant has been convicted of a specified criminal act during the time period set forth. The City's Code Enforcement Office is responsible for inspecting a proposed, permitted or non-permitted sexually oriented business in order to ascertain whether it is in compliance with applicable statutes and ordinances.
3. An application for a permit must be made on a form provided by the City. Any person desiring to operate a sexually oriented business shall file with the City an original and two copies of a sworn permit application on the standard application form supplied by the City or designee.
4. The completed application shall contain the following information and shall be accompanied by the following documents:
A. If the applicant is:
1. An individual' the individual shall state his/her legal name and any aliases and submit satisfactory proof that he/she is eighteen years of age;
2. A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
3. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of Nevada, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.
B. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he must state:
1. The sexually oriented business's fictitious name and
2. Submit the required Nevada registration documents.
C. Whether the applicant or any of the other individuals listed pursuant to Section 6.60.090. this Ordinance has, within the two (2) or five (5) year period as specified in Section 11 immediately. preceding the date of the application, been convicted of a specified criminal act, and, if so, the specified criminal act involved, the date of conviction and the place of conviction.
D. Whether the applicant or any of the other individuals pursuant to Section 9 and or licenses of this Ordinance has had a previous permit under Ordinance or other similar sexually oriented business ordinances from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to Section 9 has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this Ordinance whose permit has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
E. Whether the applicant or any other individual listed pursuant to Section 9 holds any other permits and/or licenses under this ordinance or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other permitted businesses.
F. The single classification of permit for which the applicant is filing.
G. The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any.
H. The applicant's mailing addresses and residential address.
I. A recent photograph of the applicants.
J. The applicant's driver's permit number, Social Security number, and or his/her State or federally issued tax identification number.
K. A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.
L. A current certificate and straight-line drawing prepared within thirty (30) days prior to application by a-Nevada registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this ordinance within 1,000 feet of the property to be certified; the property lines of any established religious institution/synagogue, school, or public park or recreation area within 1,000 feet of the property to be certified; and the property lines of any residentially zoned area or residential property within 1,000 feet of the property to be certified. For purposes of this Section, a use shall be considered existing or established if it is in existence at the time an application is submitted.
M. If a person who wishes to operate a sexually oriented business is an individual, he/she must sign the application for a permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten percent (10%) or greater interest in the business must sign the application
for a permit as applicant. If a corporation is listed as Owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a ten percent (10%) or greater interest in the corporation must sign the application for a permit as applicant.
N. If a person wishes to operate a sexually oriented business which shall exhibit on the premises films, video cassettes, or other video reproductions which depict specified sexual activities or specified anatomical areas, then said person shall comply with the application requirements stated at Section 20 et. seq.
1. Applicants for a permit under this Section shall have a continuing duty to promptly supplement application information required by this Section in the event that said information changes in any way from what is stated on the application. The f failure to comply with said continuing duty within thirty (30) days from the date of such change, by. supplementing the application on file with the City Recorder or his/her designee, shall be grounds for suspension of a permit.
2. In the event that the City Recorder or his/her designee determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, he/she shall promptly notify the applicant of such fact and allow the applicant ten (10) days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)
3. The applicant must be qualified according to the provisions of this Ordinance and the premises must be inspected and found to be in compliance with health, fire and building codes and laws.
4. The applicant shall be required to pay a nonrefundable application fee of one hundred dollars ($100.00) at the time of filing an application under this Section of this Ordinance.
5. Prior to obtaining any permit or license to operate any sexually oriented business defined in this ordinance, and as part of any application for a permit under this Section, the applicant shall obtain from the City or its designee a certification that the proposed location of such business complies with the location requirements of Section 5 and 6 of this Ordinance.
6. The fact that a person possesses other types of State or City permits and/or licenses does not exempt him/her from the requirement of obtaining a sexually oriented business permit.
7. By applying for a permit under this Ordinance, the applicant shall be deemed to have consented to the provisions of this Ordinance and to the exercise by the City Recorder or his/her designee, the Milford Police Department and all other City agencies charged with enforcing the laws, ordinances and codes applicable in the City of their respective responsibilities under this Ordinance.
8. The applicant shall be required to provide the City with the names of any and all employees who are required to be licensed pursuant to Section 19 of this Ordinance. This shall be a continuing requirement even after a permit is granted or renewed.

SECTION 6.60.100 Investigation and Application
1. Upon receipt of an application properly filed with the City and upon payment of the nonrefundable application fee, the City or its designee, shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the Milford Police Department and any other City agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly conduct an. investigation of the applicant, application and the proposed sexually oriented business in accordance with its responsibilities under law and as set forth in this Ordinance. Said investigation shall be completed within twenty (20) days of receipt of the application by the City or its designee. At the conclusion of its investigation, each department or agency shall indicate on,the photocopy of the application its approval or disapproval of the application,, date it, sign it,, and, in the event it disapproves, state the reasons therefor. The Milford Police Department shall only be required to certify the NCIC records request check mentioned at Section 11. The Milford Police Department shall not be required to approve or disapprove applications.
2. A department or agency shall disapprove an application if it finds that the proposed sexually oriented business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the City. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the City or its designee.

SECTION 6.60.110 Issuance of Permit
1. The City Recorder or his/her designee shall grant or deny an application for a permit within thirty (30) days from the date of its proper filing. Upon the expiration of the thirtieth (30th) day, unless the applicant requests and is granted a reasonable extension of time, the applicant shall be permitted to begin operating the business for which the permit is sought, unless and until the City or its designee, notifies the applicant of a denial of the application and states the reasons(s) for that denial.
2. Grant of Application for Permit
A. The City Recorder or his/her designee, shall grant the application unless one or more of the criteria set forth in Section C below is present.
B. The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit shall also indicate that the Sexually Oriented Business whether permitted or not may be subject to Indecency pursuant to the United States Supreme Court decision in Barnes v. GI 501 U.S., 111 S.Ct. 2456 (June 21 1991). The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be read easily at any time.
3. Denial of Application for Permit
A. The City Recorder or his/her designee, shall deny the application for any of the following reasons:
1. An applicant is under eighteen years of age.
2. An applicant or an applicant's spouse is overdue on his/her payment to the City of taxes, fees, fines, or penalties assessed against him/her or imposed upon him/her in relation to a sexually oriented. business.
3. An applicant is residing with a person who has been denied a permit by the City to operate a sexually oriented business within the preceding twelve (12) months, or residing with a person whose permit to operate a sexually oriented business has been revoked within the preceding twelve (12) months.
4. An applicant has failed to provide information required by this Section or permit application for the issuance of the permit or has falsely answered a question or request for information on the application form.
5. The premises to be used for the sexually oriented business have not been approved as' being in compliance with health, fire and building codes by the department or agency responsible under law for investigating said compliance.
6. The application or permit fees required by this Ordinance have not been paid.
7. An applicant of the proposed business is in violation of, or is not in compliance with, any of the provisions of this Ordinance including but not limited to the zoning location requirements for a sexually oriented business under Sections 3, 5, and 6.
8. The granting of the application would violate a statute, ordinance, or court order.
9. The applicant has a permit under this Ordinance which has been suspended or revoked.
10. An applicant has been convicted of a specified criminal act for which:
a. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the "specified criminal" acts which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business including but not limited to distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations;
b. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever "s the later date, if the conviction is of a felony offense; for the "specified criminal" acts which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business including but not limited to distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations;
c. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement,, whichever is the later date, if the convictions are of two or more misdemeanor offenses for specified criminal acts which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business including but not limited to distribution of obscenity or materials harmful to minors, prostitution, pandering or tax. violations; offenses occurring within any twenty-four month period;
d. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant;
e. An applicant who has been convicted of the above described "specified criminal acts" may qualify for a sexually oriented business permit only when the time period , required above in Section 11 (j) has elapsed.
11. An applicant knowingly has in his or her employ, an employee who does not have a valid license as required in Section 6.60.190. of this Ordinance.
a. If the City Recorder or his/her designee, denies the application, he/she shall notify the applicant of the denial and state the reasons(s) for the denial.
b. If a person applies for a permit for A particular location within a period of twelve (12) months from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied.

SECTION 6.60.120 Annual Permit Fee
The annual fee for a sexually oriented business permit is Eight Hundred Fifty Dollars ($850.00).

SECTION 6.60.130 Inspection
1. An applicant or permittee shall permit representatives of the Code Enforcement office, the County Health Department, and the Fire Department to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.
2. It shall be unlawful and a person who operates a sexually oriented business, regardless of whether or not a permit has been issued for said business under this Ordinance, or his/her agent or employee commits a misdemeanor if he/she refuses to permit such lawful inspection of the premises at any time that it is occupied or open f or business.

SECTION 6.60.140 Expiration of Permit
1. Each permit shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in Section 6.60.110 (for renewals, filing of original survey shall be sufficient) of this Ordinance. Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the permit will not be affected.
2. When the City Recorder or his/her designee, denies renewal of the permit ' the applicant shall not be issued a permit under this Ordinance for one (1) year from the date of denial. If, subsequent to denial, the City or its designee, finds that the basis for denial of the renewal of the permit has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date denial became final.

SECTION 6.60.150 Suspension of Permit
1. The City Recorder or his/her designee, shall Suspend a permit for a period not to exceed thirty (30) days if he/she determines that a permittee, or an employee of a permittee, has:
A. Violated or is not in compliance with any section of this Ordinance; or
B. Been under the influence of alcoholic beverages while working in the sexually oriented business premises; or
C. Refused to allow an inspection of sexually oriented business premises as authorized by this Ordinance; or
D. Knowingly permitted gambling by any person on the sexually oriented business premises; or
E. Operated the sexually oriented business in violation of a building, fire, health, or zoning statute, code, ordinance or regulation, whether federal, state or local, said determination being based on investigation by the division, department or agency charged with enforcing said rules or laws. In the event of such statute, code, ordinance or regulation violation, the City or its designee, shall promptly notify the permittee of the violation and shall allow the permittee a. seven (7) day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven (7) day period, the City or its designee, shall forthwith suspend the permit and shall notify the permittee of the suspension.
F. Engaged in permit transfer contrary to Section 6.60.180 of this Ordinance. In the event that the City or its designee, suspends a permit on the ground that a permittee engaged in a permit transfer contrary to Section 6.60.180 of this ordinance, the City Recorder or his/her designee shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable section of this Ordinance has been satisfied.
G. Operated the sexually oriented business in violation of the hours of operation Section 6.60.230.
1. The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected.
H. Knowingly employs a person who does not have a valid license as required in Section 6.60.190 of this Chapter.

SECTION 6.60.160 Revocation of Permit
1. The City Recorder or his/her designee shall revoke a permit if a cause of suspension in Section 6.60.150 of this Chapter occurs and the permit has been suspended within the preceding twelve (12) months.
2. The City Recorder or his/her designee, shall revoke a permit upon determining that:
A. A permittee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant's opportunity for obtaining a permit; or
B. A permittee or an employee has knowingly allowed possession, use or sale of controlled substances in or on the premises; or
C. A permittee or an employee has knowingly allowed prostitution on the premises; or
D. A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended; or
E. A permittee has been convicted of a "specified criminal act" for which the time period required in Section 6.60.110 of this Ordinance has not elapsed; or
F. On two or more occasions within a twelve (12) month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit; or
G. A permittee is convicted of tax violations for any taxes or fees related to a sexually oriented business, or
H. A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur in or on the permitted premises.
I. A permittee has been operating more than one sexually oriented business under a single roof.
1. When the City Recorder or his/her designee, revokes a permit , the revocation shall continue for one (1) year and the permittee shall not be issued a sexually oriented business permit for one (1) year from the date revocation became effective. If, subsequent to revocation, the City Recorder or his/her designee finds that the basis for revocation under Section 6.60.160 of this Ordinance has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date revocation became effective. If the permit was revoked under Section 6.60.160 of this Ordinance, an applicant may not be granted another permit until the number of years required under Section 6.60.160. have elapsed.

SECTION 6.60.170 Judicial Review of Permit Denial, Suspension of Revocation
After denial of an application, or denial of a renewal of an application, or suspension or revocation of a permit, the applicant or permittee may seek prompt review of such administrative action through the City Council or special City Review Board if one is established by the City. If the denial, suspension or revocation is affirmed upon review, the administrative action shall be promptly reviewed by the Court.

SECTION 6.60.180 Transfer of Permit
1. A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit.
2. A permittee shall not transfer his/her permit to another person unless and until such other person satisfies the following requirements:
A. Obtains an amendment to the permit from the City Recorder or his/her designee, which provides that he/she is now the permittee, which amendment may be obtained only if he/she has completed and properly filed an application with the City Recorder or his/her designee, setting forth the information called for under Section 6.60.110 of this Ordinance in the application; and
B. Pays a transfer fee of twenty percent (20%) of the annual permit fee set by this Ordinance.
C. No permit may be transferred when the City Recorder or his/her designee has notified the permittee that suspension or revocation proceedings have been or will be brought against the permittee.
D. A permittee shall not transfer his permit to another location.
E. Any attempt to transfer a permit either directly or indirectly in violation of this Section is hereby declared void and the permit shall be deemed revoked.

SECTION 6.60.190 Sexually Oriented Business Employee License
1. Each individual to be employed in a sexually oriented business, as defined in Section 6.60.020 of this Ordinance, who engages in the services rendered by a semi-nude model studio, escort or escort agency, sexual encounter establishment, massage parlor, or a live performer or entertainer shall be required to obtain a Sexually Oriented Business Employee License. Each applicant shall pay a permit fee of twenty five dollars ($25.00). Said fee is to cover reasonable administrative costs of the licensing application process.
2. Before any applicant may be issued a Sexually Oriented Business Employee License, the applicant shall submit on a form to be provided by the City Recorder or his or her designee the following information:
A. The applicant's name or any other names (including "Stage" names) or aliases used by the individual;
B. Age, date, and place of birth;
C. Height, weight, hair and eye color;
D. Present residence address and telephone number;
E. Present business address and telephone number;
F. State driver's license or identification number;
G. Social Security number; and
H. Acceptable written proof that the individual is at least eighteen (18) years of age.
I. Attached to the application form as provided above, a color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the Milford Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant.
J. A statement detailing the license or permit history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant previously operating or seeking to operate, in this or any other county, city, state, or country has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the date, the name of the issuing or denying jurisdiction, and describe in full the reasons for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.
K. Whether the applicant has been convicted of a "specified criminal" act as defined in Section 6.60.110 (j) of this Ordinance. This information shall include the date, place, nature of each conviction or plea of non contender- and identifying the convicting jurisdiction.
L. The City Recorder or his or her designee shall refer the Sexually Oriented Business Employee License Application to the Milford Police Department for an investigation to be made of such information as is contained on the application. The application process shall be completed within fifteen (15) working days from the date the completed application is filed. After the investigation, the City Recorder or his or her designee shall issue a license unless the report from the City Police Department finds that one or more of the following findings is true:
1. That the applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a license, or in any report or record required to be filed with the City Police Department or other department of the city;
2. That the applicant is under eighteen (18) years of age;
3. That the applicant has been convicted of a 'specified criminal act" as defined in Section 6.60.110.10 of this Ordinance;
4. That the Sexually Oriented Business Employee License is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by particular provisions of this Ordinance;
5. That the applicant has had a Sexually Oriented Business Employee License revoked by the city within two (2) years of the date of the current application;
3. Renewal of license:
A. A license granted pursuant to this Section shall be subject to annual renewal by the City Recorder or his or her designee upon the written application of the applicant and a finding by the City Recorder or his or her designee and the Milford Police Department that the applicant has not been convicted of any "specified criminal act" as defined in Section 6.60.110.10 of this Ordinance or committed any act during the existence of the previous license period which would be grounds to deny the initial permit application.
B. The renewal of the license shall be subject to payment of a fee as set by a resolution of the City Council.

SECTION 6.60.200 Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos in Video Booths
A person who operates or causes to be operated a sexually oriented business, other than a sexually oriented motel/hotel and regardless of whether or not a permit has been issued to said business under this Ordinance, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
1. Upon application for a sexually oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more Recorder's stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area with no dimension greater than eight (8) feet. The diagram shall also designate the place at which this permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale with marked dimensions sufficient to show the various internal dimension of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The City Recorder or his/her designee, may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
2. The application shall be sworn to be true and correct by the applicant.
3. No alteration in the configuration or location of a manager's station may be made without the prior approval of the City or its designee.
4. It is the duty of the owners and operator of the premises to insure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.
5. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises have two or more manager's stations designated, then the interior of. the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
6. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises to insure that the view area specified in Subsection 5 remains unobstructed by any doors, walls, merchandise, display racks or other materials or person at all times and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection a. of this Section.
7. No viewing room may be occupied by more than one person at any one time. No holes, commonly known as "Glory Holes" shall be permitted in the walls or partition separating each viewing room from an adjoining viewing room, restroom or any other room on the premises. No door may be attached or installed on any viewing room.
8. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access and an illumination of not less than two (2.0) foot candle as measured at the floor level.
9. It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present on the premises to insure that the illumination described above is maintained at all times that any patron is present on the premises.
10. A person having a duty under Section 6.60.200 1-9 commits a misdemeanor if he/she knowingly fails to fulfill that duty.

SECTION 6.60.210 Prohibitions Regarding Minors and Sexually Oriented Businesses
A person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this Ordinance, and knowingly or with reasonable cause to know, permit, suffer, or allow:
1. Admittance of a person under eighteen (18) years of age to the business premises unless accompanied by a parent or guardian;
2. A person under eighteen (18) years of age to remain at the business premises unless accompanied by a parent or guardian;
3. A person under eighteen (18) years of age to purchase goods or services at the business premises without the specific consent of a parent or guardian; or
4. A person who is under eighteen (18) years of age to work at the business premises as an employee.

SECTION 6.60.220 Advertising Regulations
1. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this Ordinance, and advertises the presentation of any activity prohibited by any applicable State statute or local ordinance.
2. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this Ordinance, and displays or otherwise exhibits the materials and/or performances at such sexually oriented business in any advertising which is visible outside the premises. This prohibition shall not extend to advertising of the existence or location of such sexually oriented business.
3. The permittee shall not allow any portion of the interior premises to be visible from outside the premises.
4. All off-street parking areas and premise entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one (1) foot candle of light on the parking surface and/or walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.
5. Nothing contained in this Section of the Ordinance shall relieve the operators of a sexually oriented business from complying with the requirements of the City of Milford, commonly known as the Sexually Oriented Business Ordinance, as it may be amended from time to time,, or any subsequently enacted City ordinances or regulations.

SECTION 6.60.230 Hours of Operation
1. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this Ordinance, and allows such business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 1:00 a.m. and 9:00 a.m. of any particular day.
2. It shall be unlawful and a person commits a misdemeanor if., working as an employee of a sexually oriented business, regardless of whether or not a permit has been issued for said business under this Ordinance, said employee engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service, or solicits a service between the hours of 1:00 a.m. and 9:00 a.m. of any particular day.

SECTION 6.60.240 Nudity Prohibited at Sexually Oriented Business
The United States Supreme Court decision in Barnes v. Glen Theatre, Inc., 501 U.S. r 111 S.Ct. 2456, (June 21, 1991) which upheld the rights of cities to prohibit live public exposure of a person (s) private parts, specifically applies to sexually oriented businesses (regardless of whether or not a permit has been issued to said businesses under this Ordinance) , including said businesses where no alcoholic beverages are sold, served, or consumed at the premises. Public nudity is prohibited within the City of Milford including any sexually oriented business. Any sexually oriented business which is found in violation of this section shall have its permit suspended pursuant to the provisions of Section 15.

SECTION 6.60.250 Additional Criminal Prohibitions for the Operation of a Sexually Oriented Business Without a Valid Permit
In addition to the criminal provisions found at other sections of this ordinance, the following additional criminal provisions shall also apply to sexually oriented businesses. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this Ordinance, and said person knows or should know that:
1. The business does not have a sexually oriented business permit under this Ordinance for any applicable classification;
2. The business has a permit which is under suspension;
3. The business has a permit which has been revoked; or
4. The business has a permit which has expired.

SECTION 6.60.260 Exemptions
1. It is a defense to prosecution for any violation of this Ordinance that a person appearing in a state of nudity did so in a modeling class operated:
A. By a college, junior college, or university supported entirely or partly by taxation;
B. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or:
C. In a structure:
1. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
2. Where, in order to participate in a class a student must enroll at least three days in advance of the class; and
3. Where no more than one nude model is on the premises at any one time.
2. It is a defense to prosecution for a violation of this Ordinance that an employee of a sexually oriented business, regardless of whether or not it is permitted under this Ordinance, exposed any specified anatomical area during the employee's bona fide use of a restroom, or during the employees bona fide use of a dressing room which is accessible only to employees.

SECTION 6.60.270 Criminal Penalties and Additional Legal, Equitable, and Injunctive Relief
In addition to whatever penalties are applicable under the State of Utah Criminal Code, if any person fails or refuses to obey or comply with or violates any of the criminal' ' provisions of this Ordinance, such person upon conviction of such offense, shall be guilty of a Class B misdemeanor. Each violation or non-compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall be considered as a separate offense. Nothing herein contained shall prevent or restrict the City from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. All remedies and penalties provided for in this Section shall be cumulative and independently available to the City and the City shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law.

SECTION 6.60.280 Immunity From Prosecution
The City and its designee, the Milford Police Department and all other departments and agencies, and all other City officers, agents and employees, charged with enforcement of State and local laws and codes shall be immune from prosecution, civil or criminal for reasonable, good faith trespass upon a sexually oriented business while acting within the scope of authority conferred by this Ordinance.

SECTION 6.60.290 Prohibition of Distribution of Sexual Devices
1. It is unlawful for anyone to distribute, for commercial purposes, sell or offer for sale any device, instrument or paraphernalia designed or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
2. Such devices, instruments or paraphernalia include but are not limited to; phallic shaped vibrators, dildo's, muzzles, whips, chains, bather restraints, racks, nonmedical enema kits, body piercing implements (excluding earrings or other decorative jewelry) or other tools of sado-masochistic abuse.
3. A violation of this section is a Class B misdemeanor

SECTION 6.60.310 Conflicting Ordinance Repealed
All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

CHAPTER 6.70
Impact Fee for Water, Wastewater, Parks and Recreation
SECTIONs:
6.70.010 Adoption of Impact Fees
SECTION 6.70.010 Adoption of Impact Fees
An impact fee for water, sewer, parks and recreation as defined by Utah Code section 11-35-102(12) is hereby adopted as follows:

1. Service Area. The service area for this impact fee shall be the entire area of Milford City.

2. Schedule of Fees. All applicants for building permits for new residential and commercial construction shall pay a fee per building permit for building on any lot, unless the impact fee for the lot proposed to be built is adjusted as provided herein. The impact fee shall be as follows:

Type of Connection Impact Fees
Residential $2,245.59
Mobile Homes $2,245.59
Apartment (3 bedroom, per unit) $2,245.59
Apartment (2 bedroom, per unit) $1,799.32
Apartment (1 bedroom, per unit) $1,353.07
Business/Commercial/Industrial (up to 11,000 gallons/month) $1,782.99
Business/Commercial/Industrial (11,000 to 22,000 gallons/month) $3,565.99
Business/Commercial/Industrial (22,000 gallons/month) $5,348.98

Adjustments to the fee schedule shall be two percent (2%) per year beginning July 1, 1998 and shall continue each year thereafter. Adjustments to the fees shall be adopted by resolution. The Milford City Council can elect to not increase the fees for any given year.

3. Adjustment to Fees. The City Council of the City may, upon application from a developer of building permit applicant, adjust the impact fee upon a showing by the applicant that there are unusual circumstances which, in the specific case of the applicant, would make the imposition of the impact fee unfair.

4. Developer Calculation: A developer of a subdivision in Milford City may submit to the City Council of Milford City studies and data for the development to show that the calculations of this impact fee need to be adjusted for the proposed development. The application to adjust the fees shall be submitted along with the supporting data to the Planning Commission for study and recommendation to the City Council. If the Planning Commission finds that the studies and data submitted by the developer justify a reduction in the fee the Commission shall so recommend to the City Council, which may consider and make appropriate adjustments.

5. Accounting and Use of Fees: All fees received by the City pursuant to this ordinance shall be used, accounted for and as appropriate refunded, in compliance with Utah Code section 12-36-301, 302 and 303.

6. Appeals. Any person or entity paying the fee may appeal the imposition of this impact fee. The appeals shall be in writing and must be filed with the City Recorder within 30 days from the date the fee was paid. Upon receiving a notice of appeal, the City shall set a hearing to consider the merits of the appeal. The hearing panel for the appeal shall be the City Council unless the Council delegates this hearing to another body or individual. The hearing panel shall hold a hearing and render a written decision on the appeal within 30 days from the date of the appeal. The appellant may appear at the hearing and present any written or oral evidence the apellant deems relevant to its appeal. The City staff may also appear and present evidence to support the impact fee. The decision of the hearing panel shall be in writing and consist of written findings and a written or taped record of the hearing sufficient for a for a District Court to review the findings. any party aggrieved by a decision of the hearing panel may petition the District Court to review the findings pursuant to Utah Code section 11-369-401(5).
(Ord. Ordinance 12-2006 Impact Fees, Amended, 11/22/2006; Ord. Ordinance 7-1997 Impact Fee Legislation, Amended, 07/15/1997)