9.7 LICENSES, PERMITS, CERTIFICATIONS, AND COMPLIANCE

A. Business License Required. To operate a residential facility for persons with disabilities, as licensed by the Department of Human Services, Division of Services for Persons with Disabilities, or to operate a residential facility for the elderly, as licensed by the State of Utah Department of Human Services, the owner or provider shall be required to maintain a valid business license with Fountain Green City. B. Residential Facility for Persons with a Disability; State of Utah Department of Human Services, Utah Division of Services for People with Disabilities License or Certification Required. Applicants must verify, with documentation to the Planning Commission and City Council, compliance with all applicable requirements, regulations, and standards of the State of Utah Department of Human Services governing the licensing and operation of residential facilities for persons with a disability. At the time of application for a permit and/or business license to establish a residential facility for persons with a disability or within 60 days following approval of a residential facility for persons with a disability by the Fountain Green City Council, the applicant shall provide to the Fountain Green City Recorder evidence that the facility is licensed or certified by the Department of Human Services, Division of Services For People with Disabilities or the City shall not issue any business license required to operate a residential facility for persons with a disability until such evidence is provided. Failure to provide such evidence shall also be grounds for the City to initiate proceedings to revoke any valid City approvals for a residential facility for persons with a disability. C. Residential Facility for the Elderly; State of Utah Department of Human Services License or Certification Required. Applicants must verify, with documentation to the Planning Commission and City Council, compliance with all applicable requirements, regulations and standards of the State of Utah Department of Human Services governing the licensing and operation of residential facilities for the elderly. At the time of application for a permit and/or business license to establish a residential facility for the elderly or within 60 days following approval of a residential facility for the elderly by the Fountain Green City Council, the applicant shall provide to the Fountain Green City Recorder evidence that the facility is licensed or certified by the Department of Human Services or the City shall not issue any business license required to operate a residential facility for the elderly until such evidence is provided. Failure to provide such evidence shall also be grounds for the City to initiate proceedings to revoke any valid City approvals for a residential facility for the elderly. D. Youth Home; State of Utah Department of Human Services License or Certification Required. Applicants must verify, with documentation to the Planning Commission and City Council, compliance with all applicable requirements, regulations and standards of the State of Utah Department of Human Services governing the licensing and operation of youth homes. At the time of application for a permit and/or business license to establish a youth home or within 60 days following approval of a youth home by the Fountain Green City Council the applicant shall provide to the Fountain Green City Recorder evidence that the facility is licensed or certified by the appropriate department of the State of Utah or the City shall not issue any business license required to operate a youth home until such evidence is provided. Failure to provide such evidence shall also be grounds for the City to initiate proceedings to revoke any valid City approvals for a youth home. E. Continued Licensure or Certification Requirements of the State of Utah. 1. Operation of a residential facility for persons with a disability requires continues compliance, without interruption, with the Licensure Department of Human Services, Division of Services for People with Disabilities. The responsibility to certify or license programs or owners or providers which operate residential facilities for persons with a disability, as well as require and monitor the provision of adequate services to consumers residing in these facilities shall rest with the Department of Human Services, Division of Services for People with Disabilities. 2. Operation of a residential facility for the elderly requires continued compliance, without interruption, with the State Department of Human Services. The responsibility to license programs or entities which operate residential facilities for the elderly, as well as to monitor the provision of adequate services to persons residing in those facilities shall rest with the Department of Human Services as provided in Utah Code. 3. Operation of a residential facility for youth requires continued compliance, without interruption, with the State Department of Human Services. The responsibility to license programs or entities which operate youth homes, as well as to monitor the provision of adequate services to persons residing in those facilities shall rest with the Department of Human Services as provided in Utah Code Section 62A-2. F. Special Provisions for Congregate Living Facilities. 1. A permit to operate a congregate living facility as regulated by this section shall be; a. Subject to a nontransferable business license; and b. Terminated if at any time it is demonstrated to the City Council, that: 1. The structure is devoted to a use other than the City approved use; or 2. The structure fails to comply with the requirements of this section; or 3. The program has failed to operate in accordance with the requirements of this section; or 4. The applicant has not obtained and maintained, without interruption, all licenses from the State of Utah required to operate. Annual proof of such compliance must be provided to the City. If the license issued by the State of Utah expires, the City business license will automatically become void and the facility must close. c. Application for reinstatement of a City permit or business license must be made to the City Council and will be subject to approval by that body. 2. A congregate living facility shall be occupied on a 24-hour basis by no more than the maximum number allowed by the International Building Code for egress requirements which shall total to include all supervisors, staff, and residents. Visitors shall not be present for more than 12 hours at a time. 3. Any conditional use permit for a congregate living facility shall be for the specified number of individuals as noted in F(2) above for the egress requirements. G. License Nontransferable. 1. Conditional use permits granted to congregate living facilities shall expire upon the expiration, revocation, or surrender of any City business license, State of Utah license, or other regulatory license of the facility. 2. A Fountain Green City business license to operate a residential facility for persons with a disability, as authorized by this chapter, is nontransferable and shall only be valid to the owner or provider identified on a valid City business license permit authorizing the operator of a residential facility for persons with a disability and identified as the owner or provider as licensed or certified by the Department of Human Services, Division of Services For People with Disabilities. 3. A Fountain Green City business license to operate a residential facility for the elderly, as authorized by this chapter, is nontransferable and shall only be valid to the owner or provider identified on a valid City business license permit authorizing the operation of a residential facility for the elderly and identified as the owner or provider as licensed or certified by the appropriate division of the State of Utah as required by this section. 4. A Fountain Green City business license to operate a youth home, as authorized by this chapter, is nontransferable and shall only be valid to the owner or provider identified on a valid City business license permit authorizing the operation of a youth home and identified as the owner or provider as licensed or certified by the appropriate division of the State of Utah as required by this section.