What began as an effort to look at a “rotten ordinance” has evolved through the process of writing this article. Let’s start at the beginning.
This summer 3 ambitious kids, ages 13, 14, and 16 got a bit of the entrepreneurial spirit and began selling apricots, which they had helped grow and harvest, from a lot owned by their family located on Washington Boulevard in North Ogden. After they had been selling for a short time and earned well under $100, a North Ogden Public Works employee arrived on the scene and ordered them to “cease and desist” or he would “call the police.”
They shut down and cleaned up as the employee stood by to assure they followed his directions. The mother of two of the boys applied for a business license in an effort to comply with the cited city ordinance and was required to spend $100 for a new business license and $150 for a “clean-up fee,” refundable upon the city’s satisfactory inspection subsequent to the “closing of the business.”
The boys, however, had reportedly become somewhat frightened and lost their enthusiasm for the venture. As a result, they did not sell any more fruit, thus leaving them in a situation where the fees mandated by the city greatly outweighed the small profit they had earned.
In reading the city code it defines “ENGAGING IN BUSINESS” as “One or more transactions where gross receipts are in excess of five hundred dollars ($500.00) during any twelve (12) month period.” In the beginning of the research for this article, city employees had the understanding that different restrictions applied to the situation because it took place in a commercially zoned area of the city, but in digging through city code it became apparent that this was not the case. The family owned the lot they were selling from and should never have had any reason to worry about the legality of their efforts unless they surpassed the $500.00 point.
As the situation currently stands, a check is allegedly on its way to refund the “clean-up fee.” According to City Manager, Ron Chandler, “The staff is prohibited from giving rebates for business license fees. I believe, however, there is merit in …[the] request for a refund of the fee. “ He then gave two ideas for possible solutions to the problem. At his suggestion the family involved plans to attend the September 25th City Council Meeting and appear before the city council in an effort to discuss what they feel is an “unjust business license assessment” or suggest a change in the ordinance allowing for “more latitude for granting rebates.”
Author’s Note: New City Manager Ron Chandler has been very prompt in replying to questions and very helpful in trying to reach a solution. His efforts are recognized and appreciated. The goal of writing this piece seems to be satisfied in seeing the city work with its citizens to allow kids the “right to work.”
