A. “Alcoholic beverage licenses” means retail, wholesale, warehousing, and manufacturing liquor licenses as defined in Chapter 5.10.

B. “Amusement device” means any machine, whether mechanically or electronically operated, that upon the insertion of a coin, trade-token, slug or similar object operates or may be operated as a game or contest of skill or amusement, of any kind or description, and that contains no automatic payoff for the return of money or trade-tokens, or that makes no provision whatever for the return of money to the player. An “amusement device” is further defined as any machine, apparatus or contrivance that is used or that may be used as a game of skill and amusement wherein or whereby the player initiates, employs or directs any force generated by the machine, but specifically excludes a musical mechanical amusement device.

C. “Applicant” means any person applying for any license provided for in this title. If the person is a partnership or corporation, then each partner, officer or director is considered an applicant and must qualify accordingly.

D. “Application” means a formal written request for the issuance of any license permitted under this title.

E. “Authorized officers” means those persons authorized by the city or other entities to inspect businesses and enforce the provisions of this title or other applicable regulations, including peace officers, ordinance enforcement officers, and employees of the health department, fire department, planning and zoning division, building inspection division, city attorney’s office or the city manager.

F. “Building division” means the building division of the Midvale City community development department.

G. “Business” means and includes all trades, occupations, professions or activities engaged within Midvale City, 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.

H. “Business license division” means the business license division of the Midvale City community development department.

I. “Business license fee and bonding schedules” means the schedule of fees adopted by the Midvale city council setting forth the various fees charged by the city.

J. “City” means Midvale City.

K. “City manager” means the chief administrative officer of Midvale City.

L. “City attorney’s office” means the Midvale City attorney’s office.

M. “City recorder” means the Midvale City recorder.

N. “Employee” means all individuals who work for an employer for salary or commission or wages and who are subject to the direction and control of such employer.

O. “Engaging in business” includes, but is not limited to, the sale of real or personal property at retail or wholesale, the bartering or trading of property or services, 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.

P. “Fire department” means the Unified Fire Authority.

Q. “Garage sale or yard sale” means the periodic sale of personal belongings at an occupied residence. Any sale held regularly or at a location other than an individual’s occupied dwelling is considered a business and is governed by the provisions of this title.

R. “Health department” means the Salt Lake Valley health department.

S. “Hearing board” means each and every member of the license hearing board of Midvale City.

T. “Home occupation” is as defined in Title 17.

U. “License administrator” means the individual or his/her designee who is the head of the business license division of the community development department.

V. “Licensee” means the person who has obtained any type of license provided for in this title. The term shall also include any employee or agent of the licensee.

W. “Ordinance enforcement office” means the ordinance enforcement division of the Midvale City community development department.

X. “Person” means an individual, partnership, corporation, association or other legal entity.

Y. “Place of business” means each separate location maintained or operated by the licensee, whether or not under the same name, within the city from which business is engaged in.

Z. “Planning and zoning division” means the planning and zoning division in the Midvale City community development department.

AA. “Police department” means the Unified Police Department.

BB. “Rental” means any residential dwelling, including, but not limited to, an apartment, a condominium, or a house, that is rented to an occupant other than the owner.

CC. “Temporary business” means any business authorized to conduct business at any single place for a limited time as defined by the type of business. Temporary businesses include: seasonal produce, special event, temporary retail, Christmas tree or fireworks. May not include home occupations, any business, whether or not it is temporary, which is specifically regulated or licensed under any chapter or section of this title, or any business, whether or not it is temporary, which requires a conditional use permit or administrative conditional use permit in accordance with Title 17.

DD. “Violated” or “violating” means that there exists reasonable cause to believe that any ordinance, code, statute or law has been or is being violated and is not limited to pleas of guilty or convictions for violating such ordinances, codes, statutes or laws. (Ord. 2017-20 § 1 (Exh. A (part)); Ord. 2015-10 § 1 (Exh. A (part)); Ord. 10/28/2003O-12 (part); Ord. 12-09-97 (part))