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5.04.020. Application of regulations

            (1)        Compliance required.  It is unlawful for any person either directly or indirectly to conduct or operate any business or nonprofit enterprise or to use in connection therewith any vehicle, premises, machine or device in whole or in part, without first obtaining a license to do so and without keeping such license in effect at all times during the conduct or operation thereof.

            (2)        Special sales.  This Chapter shall apply to all business in the nature of special sales and it is unlawful for any person either directly or indirectly to conduct any such sale except in conformity with the provisions of this Chapter.

            (3)        One act constitutes doing business.  For the purpose of this Chapter, any person shall be deemed to be conducting a business or nonprofit enterprise, and thus be subject to the requirements of this Chapter, when within Layton City, a person does one act of:

                        (a)        selling any goods or services;

                        (b)        soliciting business or offering goods or services for sale or hire; or

                        (c)        using any vehicle or any premises in the City for a business purpose.

            (4)        Agents responsible for obtaining license.  Any agent or other representative of a nonresident who is doing business in the City shall be personally responsible for compliance with this Chapter by the principal for the business the agent represents, and shall be subject to the penalties hereof in the event the business is not licensed in accordance with this Chapter.

            (5)        Separate license for branch establishments.  A license shall be obtained in the manner prescribed herein for each branch establishment or location of the business engaged in, as if it were a separate business; but warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this Chapter shall not be deemed to be separate places of business or branch establishments.  Each parcel or unit of rental real property shall be deemed a branch establishment or separate place of business for the purposes of this Chapter when there is a representative of the owner or the owner's agent on the premises who is authorized to transact business for such owner or owner's agent, or there is a regular employee of the owner or the owner's agent working on the premises.

            (6)        No license required for mere delivery.  No license shall be required of any person for the mere delivery in the City of any property purchased or acquired in good faith from such person at his regular place of business outside the City where there is no evidence of intent by this Chapter.

            (7)        Special permits to nonprofit enterprise.  The license officer shall issue special permits without the payment of any license fee or any charges therefor to any person or organization for the conduct or operation of a nonprofit enterprise.

                        (a)        Application for a special permit shall be submitted to the license officer upon forms furnished by the officer and shall contain such information including affidavits, as the license officer shall require; and

                        (b)        A person or organization operating under a special permit shall operate said nonprofit enterprise in compliance with this Chapter and all other applicable rules and regulations except as provided herein.

            (8)        Pre-emption.  This Chapter shall not apply to those entities or operations which are exempted herefrom by state or federal law.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-18, Amended, 4/17/1997
Ord. No. 08-44, Amended, 9/18/2008

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