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Show k 4 WEEKLY REFLEX I: DAVIS NEWS JOURNAL, NOVEMBER 29, 197& counts. Section 2. TIME OF MEETINGS. The Commission shall meet once yearly as a Board of Equalization. The meeting shall be held not later than the second Monday in January of each year and shall continue in session from time to time in its discretion of until the business equalization under this Ar- ticle is disposed of. ORDINANCE NO. 322 AN ORDINANCE AMENDING THE EXISTING DAVIS COUNTY LICENSING ORDINANCE, APPOINTING THE PLANNING DIRECTOR AS LICENSE DIRECTOR AND FIXING LICENSE FEES AND PROVIDING PROCEDURE FOR THE ADMINISTRATION OF THE DEPARTMENT. The Board of County Commissioners of Davis County, State of Utah, ordains as lollows: ARTICLE I. Section 1. DEPARTMENT CREATED-PERSONN- EL. There is hereby created the Davis License County Department which shall function directly under and be responsible to the Davis Commission hereinafter referred to as Commission. There is also hereby created the office of the License Director in said County Department and said License Director shall have charge of said Department and direct the same subject to and in accordance with such terms and conditions as the Commission deems appropriate. Upon recommendation of the License Director, the Commission may authorize the appointment of such deputies, clerks or other employees in the License Department as the Commission may consider necessary. Davis County Planning Director shall be the License Director. 2. OFFICIAL Section BOND. The License Director shall be required to furnish bond for the protection of Davis County for duties performed by him in an amount as fixed by the Commission. Section 3. DUTIES OF THE LICENSE DIRECTOR. The License Director shall assess each licensee in accordance with the provisions of this Ordinance and the Statutes of the State of Utah where applicable, and; shall collect all license fees provided by this Ordinance. The assessment shall be based upon the rates established herein or in any other applicable county ordinance; and all license fees shall be payable annually in advance except as hereinafter provided, and shall date from the first day of January of each year and shall expire on the thirty-firs- t day of December of each year. Section 4. INDEXES. The License Director shall keep and maintain a suitable index containing the names of licensees and the names of each class of miscellaneous licensees, which index shall be arranged alphabetically. Section 5. LICENSE ROLL. Before the first day of January of each year the License Director must submit to the Commission a license roll, which shall contain the names and addresses of all persons, firms, corporations or associations subject to license within the County under the terms of this Or- dinance and any other license ordinance. The license roll submitted to the Commission shall contain in addition to the foregoing information, the amount of license assessment each licensee has been assessed and information showing that notice of the assessment has been mailed to each licensee within the County and the date upon which the notice was mailed. The License Director shall submit with the license roll a statement setting forth that he has made diligent inquiry during the current year to ascertain the names of all persons within the County subject to assessment for license; that all persons have been assessed in accordance with the rates established by the ordinances of the County; and that notice to each licensee has been mailed prior to Section 3. PERIOD OF LIMITATION ON COMPLAINTS. All complaints relative to assessment must be presented to Commission within 30 days of date of mailing notice of as- the thirty-firs- t day of December, and that he has faithfully complied with all the duties imposed upon him by the ordinances of the County. Section 6. VALIDITY OF ASSESSMENTS. Failure of the License Director to submit to the Commission the information required by this section and failure to mail out the notice of license assessment to licensees shall not in any way affect the validity of any provision of this sessment III. Section 1. PURPOSE. This Ordinance is designed and enacted for the purpose of promoting the safety, health and prosperity, improving the morals, peace, good order, comfort and convenience of the County and the inhabiARTICLE or- dinance. Section 7. POWERS OF THE LICENSE DIRECTOR AND The DEPUTIES. License Director or be forever barred. tants thereof, protecting property therein and regulating various types of business and activities herein defined and all deputies in the discharge and performance of their official duties under this Ordinance shall have and exercise the following powers: To enter free of charge at and revenue raising therefrom. Section LICENSE 2. NECESSARY, shall it be unlawful for any person to engage in or carry on or operate any business in the unincorporated area of Davis County referred to in this ordinance or use any property for any such business, without first making application for and obtaining a license from the County for such business, and by paying in advance, the license fee required therefor as enumerated in Article VIII hereof. Section 3. LICENSE No license granted or issued under any of the provisions of any ordinance of the County shall be in any manner assignable or transferable or authorize any person other than the person therein mentioned or named to do business, or authorize any other business than is therein mentioned or named to be done or transacted; provided that any person to whofn one or more licenses have been issued to transact or carry on some business at a definite location in the County may, except as any reasonable time any place of business or to stop any vehicle for which a license is required by this Ordinance, to examine and inspect said place or vehicle and to demand the exhibition of such license for the current term from any person engaged or employed in the transaction of such business or the operation of such vehicle. It is hereby made a duty of the License Director and all his deputies to cause complaints to be filed against all persons violating any of the provisions of this Ordinance. 8. Section LICENSE DEPUTIES. The Building Inspector, Sheriff and all Deputy Sheriffs, the Director, Chief Sanitarian, Chief Health and Consulting of the Health Council, and the Chief and Assistant Chiefs of the Fire Department are hereby appointed License Deputies; and in addition to their several duties in their regular oflices or positions, they are hereby authorized and emInspector Sanitarian hereinafter provided, make application for the transfer of powered to examine all places of business required to pay a license under this ordinance as their duty shall bring them any or all of his said licenses for the sole purpose of transacting or carrying on the same business as is therein into contact with such businesses and to see that mentioned at some other such businesses covered and authorized by the license issued are carried on or transacted in accordance with this definite location in the County by himself, by filing said application with the License Director. The Commission, Ordinance and any other applicable ordinance and to after receiving reports report to the License Director the names of all such persons doing business without a license immediately upon the fact to their coming knowledge and to report to the License Director all ins- Section 4. BUSINESS INELIGIBLE FOR LICENSE. It shall be unlawful to peddle or offer for sale in any place but in a duly licensed tances of the conduct of any business fur- nished by the License Director, the Sheriff and the Board of Health, may in its discretion, deny or grant the transfer of any or all of the said licenses strictly within the above limitations. other than that covered by the license issued to it. business establishment any medicine, nostrum or remedy of any character or description; and no license shall be issued for such purpose, ex- Section 9. PERIODIC INSPECTIONS. In addition to the initial inspection a of inspection periodic businesses licensed by Davis County shall be made by representatives of the License Department, Health Council, Fire department, Sheriff or other officials of Davis cept that this shall not apply to the sale of medicines, nostrums or remedies packaged or labeled in compliance with the requirements of the Federal Food, Drug and Cosmetic Act and regulations thereunder, and similarly applicable laws and regulations of the State of Utah. Section 5. RULES AND REGULATIONS. Rules and regulations covering health, safety, morals, peace, good comfort and order, convenience of the general public with respect to any business covered hereunder shall be adopted by the Commission and copies of such County, depending on the nature of the licensed business. ARTICLE II. Section 1. COMMISSION MAY ADJUST ASSESSMENTS. The Commission is hereby constituted a Board of License Equalization for the equalization of license rates. Said Board shall have authority to examine the assessments made by the License Director and to hear of complaints persons aggrieved by their license assessments and to make changes in any assessments the Board concludes to be rules and regulations shall be made available to and displayed by the licensees affected thereby in a conthe place upon spicuous licensed premises. illegal, unequal or unjust; provided, however, that any corrections made by the Board shall.be entered in detail in the license assessment records kept by the License Director, and the Board shall approve in writing said en- ARTICLE IV. Section 1. APPLICATIONS FOR LICENSES. All applications for licenses shall be made in writing and submitted to the License Department upon a prepared form which tries before the License Director shall adjust the ac Conserve Energy INSULA TIE NOW Everyday you wait means money through the roof. takes our insulation specialists just a few hours to install clean insulation in your attic with absolutely no mess, no bother for you. It Discount with this ad. Rockwool Call for Free Estimate Fiberglas Insulation Heps Your Home Warm At Wintertime, But Keeps your Home cooler In the Summer! 773-910- 0 INTERMOUNTAIN WEST INSULATION 621 Blossom Circle, Kaysville tor your protoctlon may be obtained from such Department. Section 2. CONTENTS. Each application shall show the following: (a) The name and address of the person desiring a license. If the applicant is a the names and addresses of the partners and if a corporation the names and addresses of all officers and directors. (b) The kind of license desired, stating the business to be performed, practiced or carried on. (c) The class of license desired, if such licenses are divided into classes. The place where such business is to be carried on, giving the street number, if such business is to be carried on in gny building or enclosure or stated location. (e) The period of time for which such license is desired to be issued. (f) Such other facts and information as may be required by Ordinance, the Statutes of the State of Utah and the Commission. (g) The application for a taxicab license shall, in addition to the above required information, contain the following information: The make, model, year of manufacture, Utah License number, engine and serial numbers, seating capacity and proposed color scheme of the taxicab or taxicabs. (h) For a taxicab drivers license, the application shall, in addition to other information herein set forth, contain the following information: The age, places of residence of the applicant for five (5) years prior to the date of such application, color, height, sex, color of eyes and hair, birthplace, citizenship, place or places of employment for five (5) years prior to the date of such application, marital status, record of arrests and convictions for felonies and misdemeanors, if any, record of previous driver or chauf- feur. Section FILING 3. APPLICATIONS FEE TO Each appli- ACCOMPANY. cation for a license under this Ordinance shall be filed by the applicant with the License Director and shall be accompanied by the license fee required to be paid for the issuance of the license desired. The fee may be in the form of cash or check made payable to Davis County Treasurer. Applications received by the License Director shall be numbered in the order of their receipt and shall be filed in numerical sequence in the License Department. Section 4. APPLICATIONS REFERRED TO COMMIS- SION. After receipt of an application for a license, such application shall be submitted to the Commission at the next regular Commission meeting; unless, in the opinion of the License Director, or as required hereby, the application is or should be referred to the Sheriff, Health Council, Fire Department or other official or body, for investigation. Section 5. INVESTIGATION OF APPLICATIONS. Within five (5) days after receipt by the License Director of such application for a license, the said Director, in his discretion, may refer the application to the Fire Department, Health Council, Sheriff or other official or body, for the purpose of investigation and inspection concerning the general reputation or character of the person making the application, or directly interested therein, the nature or kind of applicants business, whether such place is or has been conducted in a lawful, quiet, orderly and helpful manner, the conditions of health and safety of such premises, together with any other fact or facts which the Commission should know in acting upon the application. Section 6. REPORT OF INVESTIGATION. Upon being requested to do so by the Commission or the License Director, the Sheriff, Health Council, Fire Department or other official or body shall conduct the investigation and inspection provided for in County Ordinances, and within five (5) days after receiving such request, sub-- , mit to the Commission or License Director, a report on such investigation and inspection, together with recommendations as to whether the license should be granted or denied. Section 7. ACTION BY THE COMMISSION. After receipt of the report and recommendation of the Sheriff, Health Council, Fire Department or other official or body, the Commission shall act upon said application as it shall deem just and proper in regard to granting or denying the same, or may order further information or investigation concerning the same. Section 8. APPROVAL OF APPLICATION. In the event the Commission shall approve any application for a license, such approval shall be endorsed on the application and signed by the Chairman of the Commission and forwarded to the License Director who shall forthwith issue a license certificate therefor. been posted. No certificate of license or license plate which is not in force and effect shall be permitted to remain posted upon the wall or any part of any room, store, office or DENIAL OF APPLICATION. In the event the Commission shall deny any application for a license, the reason therefor shall be endorsed on the application bv the Clerk of the Commission; and the License Direc- Section 9. place tor shall return the fee deposited with the application to the applicant forthwith, together with notice that said applicant may appear before the Commission for the purpose of presenting reasons for setting aside such denial. If applicant makes such apand presents pearance adequate justification, Commission may, in discretion, set aside denial and approve the its the the application. Section 10. PAYMENT OF LICENSE FEES LICENSE PERIOD. All licenses provided for in this Ordinance shall be payable annually in advance, commencing January first, and unless revoked as provided in this Ordinance, shall be effective through the following December thirty-firsunless otherwise t, provided herein. The Commission may in its discretion grant a license at any time alter July first to cover the remainder of the calendar year and permit applicant to of the pay only one-halicense fee as hereinafter set torth in this ordinance. All lf license fees shall be paid by the licensee at the Office of the License Director. License Director. Section 11. COMBINATION LICENSE. Where two or more of types duly of business after the period of such certificate of license has expired. No metal license plate shall remain on any vehicle after its expiration date. Section 3. LICENSE CERTIFICATE TO BE SHOWN TO OFFICIALS. It shall be the duty of each and every person to whom a certificate of license has been issued to show the same at any proper time when requested to do so bv the License Director, Sheriff, or their deputies or any law enforcement officer. Section 4. MISUSE OF CERTIFICATES. It shall be unlawful to counterfeit a license certificate or to deface or mutilate the same while it is required to be posted in the licensed premises or vehicle hereby to be required licensed, or to remove it or attempt to remove it therefrom without destroying it, or use, or permit the same to be used at any place other than that designated therein, or for any licensee to place or permit it to be placed or be in any other place of business or vehicle after it has been placed in or upon any place of business or vehicle prohibited or declared to be unlawful by this ordinance or any other ordinance or law. ARTICLE VI. Section 1. PENALTY FOR FAILURE TO PAY ASSESSMENT. If any person shall neglect, fail or refuse to pay the amount assessed when it becomes due n any license ovided for in mentioned othis ordinanct ir a period of 30 days after the date on which said license becomes due and p i ''mo, a penalty of 10 of the mount of such license in J lition to the v oe assessed license by the Co mission; and f snail then be payment :ht enforced by ..s ense Director in the rromm r herein provided. Section 2. CIVIL ACTION TO RECOVER FEE. In all cases where t his ordinance requires a license to be obtained from the County, the amount to be paid for such license being fixed by this or- licensed businesses are conducted within a single establishment by the same person, a combination license may be issued therefor. However, such combination license shall not include licenses for beer. The annual fee for such combination licenses shall be based on the full regular fee for the type of business which carries the highest rate plus of the regular rate on each of the other businesses involved. One application shall be filed tor such combination license, one-ha- lf i and the license certificate shall enumerate the various types of businesses for which such combination license is issued. Section 12. FEES NOT REFUNDED. No license fee, or any part thereof, shall be refunded for any reason whatsoever, once the license has been granted or issued by the County. Section '13. UNLAWFUL TO REFUSE INSPECTION. It shall be unlawful for any per- dinance, and said amount the shall not have been paid at the or in the manner provided in this ordinance, a civil action may be brought in the name of Davis- County against the person failing to pay such license fee in any provisions of these ordinances to refuse permission to an Inspector of the County to enter his licensed premises and inspect the same. jurisdiction of such action, to recover the amount of the same and any penalties which In any case may attac) son licensed under ARTICLE V. Section 1. LICENSE CERTIFICATES -- CONTENTS . Every certificate of license shall bear upon its face the following: (a) The name of the person to whom such certificate has been issued. (b) The amount paid for such license. (c) The kind of license and the class of such, (d) The term of the license with the commencing date and the date of its expiration. (e) The place where such business is to be carried on. (f) The signature of the Chairman of the Commission attested by the County Clerk. (g) The certificate for a taxicab license, shall, in addition to the information con- tained in time Court any such person, such several amounts of unpaid license may be joined as separate causes of action in the same complaint in such civil action. Section 3. DUTY OF COUNTY ATTORNEY. It shall be the duty of the County Attorney to prepare, bring and prosecute the civil actions contemplated by this upon a written request of the Commission. Section 4. ENFORCEMENT OF OTHER PENALTIES. Nothing in this section shall be construed to prevent or in any manner interfere with the s enforcement of any contained in any ordinance of Davis County. chapter penalty-provision- sued under this Ordinance may be revoked after notice to and hearing for the licenunless see, otherwise specifically provided for herein or in any other ordinance. After notice of and the hearing concerning revocation of a license, the Davis License County Taxicab and showing the year of issuance and the number which shall correspond with the number ot the license certificate. These plates shall be displayed on the rear of the taxicab. (h ) The certificate for a taxicab drivers license shall, Commission may revoke the license of any licensee for any violation ot this ordinance or any other ordinance or law or for any other cause which the Commission deems good and suflicient. Section 2. EFFECT OF REVOCATION. If at any time a license under the provisions of this Ordinance is denied or revoked, it shall thereafter be unlawful for any person to engage in or carry on, or operate or use or permit to be operated or used any property tor any business with respect to which license has been revoked or denied until a license shall be granted by the Commission. in addition to the information required in other certificates, contain the photograph and signature of the licensee. (i) The certificate for a scavengers license shall be in the form of a metal plate and shall contain the words, Davis County Scavenger License" and shall show the number, the year for which the same is issued and the tonage of the vehicle. These plates shall be displayed in accordance with regulations adopted by the Commission. Section 2. POSTING CERcer- tificate of license issued shall be posted by the licensee in a conspicuous place upon the wall of the building, room or office of the store or place in which such licensed business is carried on; so that the same may be easily seen. The certificates issued certificates of Section PERIOD WAITING FOR NEW LICENSE. No person who has license and plates have expired the licensee shall remove the same from the place in which it has 3. been denied a license, or whose license has been (b) BOWLING ALLEY. A bowling alley is an establishment consisting of a building or place containing one or more bowling alleys open to the public. The license fee for a bowling alley establishment shall be $50.00 per year. Section 2. ALTO COURTS, MOTELS, TRAILER CAMPS, it shall be unlawtul for any person to operate, maintain or offer for public use in the County any automobile tourist park, campground, or other public places for camping, sleeping or lodging whether in tents, automobiles, trailer houses, cabins, huts or other vehicles or structures, or where automobile housecars or trailer houses may be parked or located or occupied as living quarters without first making an application to the License Director and obtaining a license therefor. The license fee for such parks shall be $50.00 per year. Section 3. BAKERY. A bakery is an establishment where pies, cakes, bread, cookies, doughnuts and other pastries and similar bakery products are produced for sale at wholesale or retail. The license fee for a bakery shall be $30.00 per year or any part thereof. Section 4. BOARDING HOUSE. (a) A boarding house is a building with sleeping facilities which offers furnished or unfurnished rooms and board to the occupants of the rooms, or which furnishes board without room. (b) The license fee for a boarding house shall be $30.00 per year. (e) Boarding houses containing rooms sufficient to accommodate over twenty persons shall be deemed a hotel. Section 5. CABARET. A cabaret is any room, place, building or structure, open to public patronage where lood and drink is prepared, served or offered for sale or sold for human consumption on or off the premises, and whose patrons may be entertained bv performers who sing or dance or perform theatrical acts. The license fee for a cabaret shall be $50. 00 per year or any part thereof. Section 6. CLEANING AND DYEING ESTABLISHMENTS. A cleaning and dyeing establishment is a plant, iactory, or facility for the cleaning and dyeing ot any garment, fabric, substance or article by the process of washing or immersing in a volatile inflammable oil or liquid. The license lee for a cleaning and dyeing establishment shall be $30.00 use any number of vehicles in collecting or delivering said garments, fabrics, substances or articles to and from said plant, factory or facility. Section 7. CARNIVAL. A carnival is any enterprise known by that name or any circus, rodeo, menagerie, wild west show, dog or or performance of skilled or teamed animals or any side show, using tents or temporary seating tacilities, which is open to the public. The license fee tor carnivals shall be $50 00. Section 8. CONVALESCENT HOME. A convalescent home is any building, structure, establishment or place, t.i ? X I ? 1 I 1 4 pony-sho- except those made. However, i buildings expressly designed and built for hospital use, which is regularly used in whole or in part in caring for, treating, convales-cens- e nursing or for the of invalid, sick, aged oi ailing individuals. The license fee for a convalescent home shall be $30.00 per year or any part thereof. CONFECSection 9. TIONERY. A Confectionery is any place which exclusively sells or offers for sale to the public such commodities as ice cream, ice cream products, candy, nuts and soft drinks. The license fee for a confectionery shall be $30.00 per vear. Section 10. PUBLIC DANCE HALL. A public dance hall is any room, place or space, open to public patronage in which a public dance is held and for which a charge is these provisions shall not apply to church or charitable organizations where the returns or proceeds are used entirely for religious or charitable puiposes. The license fee for a public dance hall shall be $50.00 per year. Section il. HOTEL. A hotel is any building, structure or place where rooms are rented lor lodging or sleeping purposes by the day, week or month, where such rental does not include board and which place is sufficient to accommodate 20 or more persons. Every person or the agent or employee of such person operating or conducting any hotel as defined in this subsection shall be deemed to be a hotel keeper. The license fee to operate a hotel shall be $50.00 per year. Section 12. JUNK COLLECTOR. A junk collector is a person not having a fixed place of business in the County who goes from house to house or place to place gathering, collecting, buying, selling, or otherwise dealing in old rags, glass, sacks, bottles, cans, papers, metal, rubber or other articles commonly known as junk. The license lee for a junk collector shall be $50.01) per year. Section 13, JUNK DEALER. A junk dealer is a person principally engaged in buying and selling old metal, glass, rags, rubber, paper or other junk from a fixed place of business. The provisions of this subsection shall not include automobile wrecking yards operating under the laws and regulations ot the (Continued) HIGH FLIGHT Oh, I have slipped the surly bonds of earth And danced the skies on laughter-silverewings; Sunward Ive climbed, and joined the tumbling mirth clouds and done a Of hundred things You have not dreamed of wheeled and soared and swung High in the sunlit silence. Hovering there. I've chased the shouting wind along, and sun-spl- it flung halls of air the delirious, burning blue long, Up, up Ive topped the windsw ept heights w ith My eager craft through footless easy grace Where never lark, or even eagle flew. And, while with silent, lifting mind Ive trod The high untrespassed sanctity of space, Put out my hand, and touched the face of God. John Gillespie Magee Jr. In December 1941, Pilot Officer John G. Magee, a old American serving with the Royal Canadian Air Force in England, was killed when his Spitfire collided with another airplane inside a cloud. Several months before his death, he composed his immortal sonnet "High Flight." a copy of which he fortunately mailed to his parents in the F.S. A. revoked under the provisions of this Ordinance, and no person associated or connected with such person in the conduct of such business, shall be granted a license for for taxicabs and taxicab drivers licenses shall be posted in the taxicab in a place where they can be easily seen by a passenger. Metal plates issued for scavengers and taxicabs shall be placed on the rear of the vehicle in such a place as to be easily seen. When such day. per year or any part thereof, which shall permit such plant, factory or facility to d ARTICLE VII. Section I. REVOCATION AFTER NOTICE AND HEARING. Any license is- show the make of taxicab, the motor and serial number and the year of manufacture. There shall also be issued for easier recognition, a metal plate containing the words, Every this State having where several amounts for licenses as fixed by any shall County ordinance remain due and unpaid by other certificates, TIFICATES. of ARTICLE VIII. Section 1. (a) BILLIARD HALL. For the purposes of this Ordinance, a billiard hall is any building or place containing one or more billiard tables, pool tables or similar tables open to the public on which the game of billiards or pool are played and for which a charge is made. The license fee for a billiard hall shall be $50.00 per year, or any part thereof. It shall be unlawful to permit the playing of billiards or pool between the hours of 12:00 o'clock midnight and 6:00 oclock A.M. on week days and at any time on Sun- . the same purpose under provisions of this Ordinance for a period of six months after such denial or revocation has occurred. The Commission may, in its discretion waive the prohibition against persons associated or con- nected with an individual who has been denied a license. If I ou Don t Knoiv Diamonds Know Dale Baker T a 3 |