Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 132 First Substitute (2016GS)

Sponsor

Rep. Anderegg, J.

Final action

House/ filed 3/10/2016

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• amends provisions authorizing a municipality to license a business;
• prohibits a municipality from requiring a license for certain businesses;
• prohibits a municipality from transmitting information about certain businesses; and
• makes technical corrections.

Every vote on this bill

Bill text

MUNICIPAL BUSINESS LICENSING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jacob L. Anderegg
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions related to a municipality's authority to license a business.
Highlighted Provisions:
This bill:
▸ amends provisions authorizing a municipality to license a business;
▸ prohibits a municipality from requiring a license for certain businesses;
▸ prohibits a municipality from transmitting information about certain businesses; and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-1-203
, as last amended by Laws of Utah 2014, Chapter 189
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-1-203
 is amended to read:
10-1-203.
License fees and taxes -- Application information to be transmitted to
the county assessor.
(1) As used in this section:
(a) 
(i)
 "Business" means any enterprise carried on for the purpose of gain or economic
profit, except that the acts of employees rendering services to employers are not included in
this definition.
(ii) "Business" does not include a nonprofit corporation as defined in Section
16-6a-102
.
(b) (i) "Commercial breeder" means a person who for a fee or other consideration:
(A) maintains in a kennel at any time six or more dogs for breeding or six or more cats
for breeding and sells, leases, trades, barters, auctions, or provides to another person the
offspring of those dogs or cats; or
(B) buys, sells, leases, trades, barters, or provides to another person a dog or cat at
wholesale for resale to another.
(ii) "Commercial breeder" does not include:
(A) an animal shelter as defined in Section 
11-46-102
; or
(B) a person with five or fewer unsterilized dogs over six months old or five or fewer
unsterilized cats over six months old.
(c) "Kennel" means a facility where a commercial breeder keeps, houses, and maintains
dogs or cats.
(d) "Mechanic business" means a business that constructs, repairs, adjusts, inspects, or
overhauls a motor vehicle or off-highway vehicle.
(e) "Motor vehicle" means a self-propelled vehicle intended primarily for use and
operation on highways.
(f) "Off-highway vehicle" means the same as that term is defined in Section 
41-22-2
.
(g) "Residence" means a person's principal place of abode within Utah.
(h) "Residential child care" means the same as that term is defined in Section
26-39-102
.
[
(b)
] 
(i)
 "Telecommunications provider" [
is as defined
] 
means the same as that term is
defined
 in Section 
10-1-402
.
[
(c)
] 
(j)
 "Telecommunications tax or fee" [
is as defined
] 
means the same as that term is
defined
 in Section 
10-1-402
.
(2) 
(a)
 Except as provided in Subsections (3) through (5), the legislative body of a
municipality may license for the purpose of regulation [
and revenue
] any business within the
limits of the municipality and may regulate that business by ordinance.
(b) A municipality may not require a license for a business that:
(i) is primarily located at the business owner's residence; and
(ii) receives customers at the business owner's residence.
(c) Notwithstanding Subsection (2)(b), a municipality may:
(i) license for the purpose of regulation a business described in Subsection (2)(b) if the
business:
(A) involves a hazardous occupation as defined in Section 
34-23-103
;
(B) employs one or more employees or contracts with one or more independent
contractors who work in the business owner's residence;
(C) is a kennel, a mechanic business, a business for which the owner or an employee is
required to have a license under Title 58, Occupations and Professions; or
(D) provides residential child care; or
(ii) regulate a business described in Subsection (2)(b) to ensure that:
(A) the number of customer motor vehicles present at any one time in the vicinity of
the business owner's residence does not significantly disrupt the flow of traffic; or
(B) the number of customers present at any one time in the business owner's residence
or on the business owner's property does not significantly interrupt another property owner's
enjoyment or use of the property owner's property.
(3) (a) The legislative body of a municipality may raise revenue by levying and
collecting a municipal energy sales or use tax as provided in Part 3, Municipal Energy Sales
and Use Tax Act, except a municipality may not levy or collect a franchise tax or fee on an
energy supplier other than the municipal energy sales and use tax provided in Part 3, Municipal
Energy Sales and Use Tax Act.
(b) (i) Subsection (3)(a) does not affect the validity of a franchise agreement as defined
in Subsection 
10-1-303
(6), that is in effect on July 1, 1997, or a future franchise.
(ii) A franchise agreement as defined in Subsection 
10-1-303
(6) in effect on January 1,
1997, or a future franchise shall remain in full force and effect.
(c) A municipality that collects a contractual franchise fee pursuant to a franchise
agreement as defined in Subsection 
10-1-303
(6) with an energy supplier that is in effect on July
1, 1997, may continue to collect that fee as provided in Subsection 
10-1-310
(2).
(d) (i) Subject to the requirements of Subsection (3)(d)(ii), a franchise agreement as
defined in Subsection 
10-1-303
(6) between a municipality and an energy supplier may contain
a provision that:
(A) requires the energy supplier by agreement to pay a contractual franchise fee that is
otherwise prohibited under Part 3, Municipal Energy Sales and Use Tax Act; and
(B) imposes the contractual franchise fee on or after the day on which Part 3,
Municipal Energy Sales and Use Tax Act
,
 is:
(I) repealed, invalidated, or the maximum allowable rate provided in Section 
10-1-305
is reduced; and
(II) is not superseded by a law imposing a substantially equivalent tax.
(ii) A municipality may not charge a contractual franchise fee under the provisions
permitted by Subsection (3)(b)(i) unless the municipality charges an equal contractual franchise
fee or a tax on all energy suppliers.
(4) (a) Subject to Subsection (4)(b), beginning July 1, 2004, the legislative body of a
municipality may raise revenue by levying and providing for the collection of a municipal
telecommunications license tax as provided in Part 4, Municipal Telecommunications License
Tax Act.
(b) A municipality may not levy or collect a telecommunications tax or fee on a
telecommunications provider except as provided in Part 4, Municipal Telecommunications
License Tax Act.
(5) (a) (i) The legislative body of a municipality may by ordinance raise revenue by
levying and collecting a license fee or tax on:
(A) a parking service business in an amount that is less than or equal to:
(I) $1 per vehicle that parks at the parking service business; or
(II) 2% of the gross receipts of the parking service business;
(B) a public assembly or other related facility in an amount that is less than or equal to
$5 per ticket purchased from the public assembly or other related facility; and
(C) subject to the limitations of Subsections (5)(c) and (d):
(I) a business that causes disproportionate costs of municipal services; or
(II) a purchaser from a business for which the municipality provides an enhanced level
of municipal services.
(ii) Nothing in this Subsection (5)(a) may be construed to authorize a municipality to
levy or collect a license fee or tax on a public assembly or other related facility owned and
operated by another political subdivision other than a community development and renewal
agency without the written consent of the other political subdivision.
(b) As used in this Subsection (5):
(i) "Municipal services" includes:
(A) public utilities; and
(B) services for:
(I) police;
(II) fire;
(III) storm water runoff;
(IV) traffic control;
(V) parking;
(VI) transportation;
(VII) beautification; or
(VIII) snow removal.
(ii) "Parking service business" means a business:
(A) that primarily provides off-street parking services for a public facility that is
wholly or partially funded by public money;
(B) that provides parking for one or more vehicles; and
(C) that charges a fee for parking.
(iii) "Public assembly or other related facility" means an assembly facility that:
(A) is wholly or partially funded by public money;
(B) is operated by a business; and
(C) requires a person attending an event at the assembly facility to purchase a ticket.
(c) (i) Before the legislative body of a municipality imposes a license fee on a business
that causes disproportionate costs of municipal services under Subsection (5)(a)(i)(C)(I), the
legislative body of the municipality shall adopt an ordinance defining for purposes of the tax
under Subsection (5)(a)(i)(C)(I):
(A) the costs that constitute disproportionate costs; and
(B) the amounts that are reasonably related to the costs of the municipal services
provided by the municipality.
(ii) The amount of a fee under Subsection (5)(a)(i)(C)(I) shall be reasonably related to
the costs of the municipal services provided by the municipality.
(d) (i) Before the legislative body of a municipality imposes a license fee on a
purchaser from a business for which it provides an enhanced level of municipal services under
Subsection (5)(a)(i)(C)(II), the legislative body of the municipality shall adopt an ordinance
defining for purposes of the fee under Subsection (5)(a)(i)(C)(II):
(A) the level of municipal services that constitutes the basic level of municipal services
in the municipality; and
(B) the amounts that are reasonably related to the costs of providing an enhanced level
of municipal services in the municipality.
(ii) The amount of a fee under Subsection (5)(a)(i)(C)(II) shall be reasonably related to
the costs of providing an enhanced level of the municipal services.
(6) All license fees and taxes shall be uniform in respect to the class upon which they
are imposed.
(7) The municipality
:
(a)
 shall transmit the information from each approved business license application to
the county assessor within 60 days following the approval of the application[
.
]
; and
(b) may not transmit to the county or other government entity any information
regarding a business that is not required to be licensed under this section.
(8) If challenged in court, an ordinance enacted by a municipality before January 1,
1994, imposing a business license fee on rental dwellings under this section shall be upheld
unless the business license fee is found to impose an unreasonable burden on the fee payer.
Legislative Review Note
Office of Legislative Research and General Counsel