This document includes Senate Committee Amendments incorporated into the bill on Fri, Feb 2, 2024 at 1:56 PM by lpoole.
This document includes House Committee Amendments incorporated into the bill on Mon, Feb 5, 2024 at 10:06 AM by housengrossing.
1     
LOCAL GOVERNMENT BUSINESS LICENSE AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Heidi Balderree

5     
House Sponsor: Stephanie Gricius

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to business licenses issued by a county or
10     municipality.
11     Highlighted Provisions:
12          This bill:
13          ▸     expands a prohibition against a county or municipality requiring a license or permit
14     for an occasionally operated business to apply to an individual who is 18 years old
15     or older and enrolled in a traditional high school.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          10-1-203, as last amended by Laws of Utah 2022, Chapter 306
23          17-53-216, as last amended by Laws of Utah 2022, Chapter 306
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 10-1-203 is amended to read:
27          10-1-203. License fees and taxes -- Application information to be transmitted to

28     the county assessor.
29          (1) As used in this section:
30          (a) "Business" means any enterprise carried on for the purpose of gain or economic
31     profit, except that the acts of employees rendering services to employers are not included in
32     this definition.
33          (b) "Telecommunications provider" means the same as that term is defined in Section
34     10-1-402.
35          (c) "Telecommunications tax or fee" means the same as that term is defined in Section
36     10-1-402.
37          (2) Except as provided in Subsections (3) through (5) and Subsection (7), the
38     legislative body of a municipality may license for the purpose of regulation any business within
39     the limits of the municipality, may regulate that business by ordinance, and may impose fees on
40     businesses to recover the municipality's costs of regulation.
41          (3) (a) The legislative body of a municipality may raise revenue by levying and
42     collecting a municipal energy sales or use tax as provided in Part 3, Municipal Energy Sales
43     and Use Tax Act, except a municipality may not levy or collect a franchise tax or fee on an
44     energy supplier other than the municipal energy sales and use tax provided in Part 3, Municipal
45     Energy Sales and Use Tax Act.
46          (b) (i) Subsection (3)(a) does not affect the validity of a franchise agreement as defined
47     in Subsection 10-1-303(6), that is in effect on July 1, 1997, or a future franchise.
48          (ii) A franchise agreement as defined in Subsection 10-1-303(6) in effect on January 1,
49     1997, or a future franchise shall remain in full force and effect.
50          (c) A municipality that collects a contractual franchise fee pursuant to a franchise
51     agreement as defined in Subsection 10-1-303(6) with an energy supplier that is in effect on July
52     1, 1997, may continue to collect that fee as provided in Subsection 10-1-310(2).
53          (d) (i) Subject to the requirements of Subsection (3)(d)(ii), a franchise agreement as
54     defined in Subsection 10-1-303(6) between a municipality and an energy supplier may contain
55     a provision that:
56          (A) requires the energy supplier by agreement to pay a contractual franchise fee that is
57     otherwise prohibited under Part 3, Municipal Energy Sales and Use Tax Act; and
58          (B) imposes the contractual franchise fee on or after the day on which Part 3,

59     Municipal Energy Sales and Use Tax Act is:
60          (I) repealed, invalidated, or the maximum allowable rate provided in Section 10-1-305
61     is reduced; and
62          (II) not superseded by a law imposing a substantially equivalent tax.
63          (ii) A municipality may not charge a contractual franchise fee under the provisions
64     permitted by Subsection (3)(b)(i) unless the municipality charges an equal contractual franchise
65     fee or a tax on all energy suppliers.
66          (4) (a) Subject to Subsection (4)(b), beginning July 1, 2004, the legislative body of a
67     municipality may raise revenue by levying and providing for the collection of a municipal
68     telecommunications license tax as provided in Part 4, Municipal Telecommunications License
69     Tax Act.
70          (b) A municipality may not levy or collect a telecommunications tax or fee on a
71     telecommunications provider except as provided in Part 4, Municipal Telecommunications
72     License Tax Act.
73          (5) (a) (i) The legislative body of a municipality may by ordinance raise revenue by
74     levying and collecting a license fee or tax on:
75          (A) a parking service business in an amount that is less than or equal to:
76          (I) $1 per vehicle that parks at the parking service business; or
77          (II) 2% of the gross receipts of the parking service business;
78          (B) a public assembly or other related facility in an amount that is less than or equal to
79     $5 per ticket purchased from the public assembly or other related facility; and
80          (C) subject to the limitations of Subsections (5)(c) and (d):
81          (I) a business that causes disproportionate costs of municipal services; or
82          (II) a purchaser from a business for which the municipality provides an enhanced level
83     of municipal services.
84          (ii) Nothing in this Subsection (5)(a) may be construed to authorize a municipality to
85     levy or collect a license fee or tax on a public assembly or other related facility owned and
86     operated by another political subdivision other than a community reinvestment agency without
87     the written consent of the other political subdivision.
88          (b) As used in this Subsection (5):
89          (i) "Municipal services" includes:

90          (A) public utilities; and
91          (B) services for:
92          (I) police;
93          (II) fire;
94          (III) storm water runoff;
95          (IV) traffic control;
96          (V) parking;
97          (VI) transportation;
98          (VII) beautification; or
99          (VIII) snow removal.
100          (ii) "Parking service business" means a business:
101          (A) that primarily provides off-street parking services for a public facility that is
102     wholly or partially funded by public money;
103          (B) that provides parking for one or more vehicles; and
104          (C) that charges a fee for parking.
105          (iii) "Public assembly or other related facility" means an assembly facility that:
106          (A) is wholly or partially funded by public money;
107          (B) is operated by a business; and
108          (C) requires a person attending an event at the assembly facility to purchase a ticket.
109          (c) (i) Before the legislative body of a municipality imposes a license fee on a business
110     that causes disproportionate costs of municipal services under Subsection (5)(a)(i)(C)(I), the
111     legislative body of the municipality shall adopt an ordinance defining for purposes of the tax
112     under Subsection (5)(a)(i)(C)(I):
113          (A) the costs that constitute disproportionate costs; and
114          (B) the amounts that are reasonably related to the costs of the municipal services
115     provided by the municipality.
116          (ii) The amount of a fee under Subsection (5)(a)(i)(C)(I) shall be reasonably related to
117     the costs of the municipal services provided by the municipality.
118          (d) (i) Before the legislative body of a municipality imposes a license fee on a
119     purchaser from a business for which it provides an enhanced level of municipal services under
120     Subsection (5)(a)(i)(C)(II), the legislative body of the municipality shall adopt an ordinance

121     defining for purposes of the fee under Subsection (5)(a)(i)(C)(II):
122          (A) the level of municipal services that constitutes the basic level of municipal services
123     in the municipality; and
124          (B) the amounts that are reasonably related to the costs of providing an enhanced level
125     of municipal services in the municipality.
126          (ii) The amount of a fee under Subsection (5)(a)(i)(C)(II) shall be reasonably related to
127     the costs of providing an enhanced level of the municipal services.
128          (6) All license fees and taxes shall be uniform in respect to the class upon which they
129     are imposed.
130          (7) Ŝ→ (a) ←Ŝ A municipality may Ŝ→ [
not:
131          (a)
] ←Ŝ
require a license or permit for a business that is operated:
132          (i) only occasionally; and
133          (ii) by an individual who is:
134          (A) under 18 years old; or
135          (B) 18 years old or older and Ĥ→ who is ←Ĥ enrolled in a traditional high school Ĥ→ or
135a     is being home schooled ←Ĥ Ŝ→ [
;] .
135b          (b) Nothing in Subsection (7)(a) affects the ability of a municipality to require a
135c     participant in an event hosted or sponsored by the municipality to comply with a limitation or
135d     requirement that the municipality imposes on those who participate in the event. ←Ŝ
136          Ŝ→ [
(b)] (8) A municipality may not:
136a          (a) ←Ŝ charge any fee for a resident of the municipality to operate a home-based business,
137     unless the combined offsite impact of the home-based business and the primary residential use
138     materially exceeds the offsite impact of the primary residential use alone; Ŝ→ or ←Ŝ
139          Ŝ→ [
(c)] (b) ←Ŝ require, as a condition of obtaining or maintaining a license or permit for a
140     business:
141          (i) that an employee or agent of a business complete education, continuing education,
142     or training that is in addition to requirements under state law or state licensing requirements; or
143          (ii) that a business disclose financial information, inventory amounts, or proprietary
144     business information, except as specifically authorized under state or federal law.
145          Ŝ→ [
(8)] (9) ←Ŝ (a) Notwithstanding Subsection Ŝ→ [(7)(b)] (8)(a) ←Ŝ , a municipality
145a     may charge an administrative
146     fee for a license to a home-based business owner who is otherwise exempt under Subsection
147     Ŝ→ [
(7)(b)] (8)(a) ←Ŝ but who requests a license from the municipality.
148          (b) A municipality shall notify the owner of each home-based business of the
149     exemption described in Subsection Ŝ→ [
(7)(b)] (8)(a) ←Ŝ in any communication with the owner.
150          Ŝ→ [
(9)] (10) ←Ŝ The municipality shall transmit the information from each approved
150a     business☆
151     ☆license application to the county assessor within 60 days following the approval of the
152     application.
153          Ŝ→ [
(10)] (11) ←Ŝ If challenged in court, an ordinance enacted by a municipality before
153a     January 1,
154     1994, imposing a business license fee on rental dwellings under this section shall be upheld
155     unless the business license fee is found to impose an unreasonable burden on the fee payer.
156          Section 2. Section 17-53-216 is amended to read:
157          17-53-216. Business license fees and taxes -- Application information to be
158     transmitted to the county assessor.
159          (1) As used in this section, "business" means any enterprise carried on for the purpose
160     of gain or economic profit, except that the acts of employees rendering services to employers
161     are not included in this definition.
162          (2) Except as provided in Subsection (4), the legislative body of a county may by
163     ordinance provide for the licensing of businesses within the unincorporated areas of the county
164     for the purpose of regulation, and may impose fees on businesses to recover the county's costs
165     of regulation.
166          (3) All license fees and taxes shall be uniform in respect to the class upon which they
167     are imposed.
168          (4) Ŝ→ (a) ←Ŝ A county may not Ŝ→ [
:
169          (a)
] ←Ŝ
require a license or permit for a business that is operated:
170          (i) only occasionally; and
171          (ii) by an individual who is:
172          (A) under 18 years old; or
173          (B) 18 years old or older and Ĥ→ who is ←Ĥ enrolled in a traditional high school Ĥ→ or
173a     is being home schooled ←Ĥ Ŝ→ [
;] .
173b          (b) Nothing in Subsection (4)(a) affects the ability of a county to require a participant in
173c     an event hosted or sponsored by the county to comply with a limitation or requirement that the
173d     county imposes on those who participate in the event. ←Ŝ
174          Ŝ→ [
(b)] (5) A county may not:
174a          (a) ←Ŝ charge a license fee for a home based business unless the combined offsite impact
175     of the home based business and the primary residential use materially exceeds the offsite
176     impact of the primary residential use alone; or
177          Ŝ→ [
(c)] (b) ←Ŝ require, as a condition of obtaining or maintaining a license or permit for a
178     business:
179          (i) that an employee or agent of a business complete education, continuing education,
180     or training that is in addition to requirements under state law or state licensing requirements; or
181          (ii) that a business disclose financial information, inventory amounts, or proprietary
182     business information except as specifically authorized under state or federal law.

183          Ŝ→ [
(5)] (6) ←Ŝ The county business licensing agency shall transmit the information from
183a     each
184     approved business license application to the county assessor within 60 days following the
185     approval of the application.
186          Ŝ→ [
(6)] (7) ←Ŝ This section may not be construed to enhance, diminish, or otherwise alter
186a     the
187     taxing power of counties existing prior to the effective date of Laws of Utah 1988, Chapter
188     144.
189          Section 3. Effective date.
190          This bill takes effect on May 1, 2024.