HomeMy WebLinkAboutOrdinance 98.12 Amending chapter 9 of the town code relating to business regulations
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MARANA ORDINANCE NO. 98.12
AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, AMENDING CHAPTER 9,
BUSINESS REGULATIONS, OF THE TOWN CODE OF THE TOWN OF MARANA, ARTICLE
9, BUSINESS LICENSE, SECTION 9-1-3, FEES; PAYMENT; TERM OF LICENSE, AND
SECTION 9-1-13, PENALTIES, BY ADDING A PROVISION FOR A FIFTY DOLLAR ($50.00)
FEE ON THE ISSUANCE AND TRANSFER OF ALL SPIRITUOUS LIQUOR LICENSES
WITHIN THE TOWN AND ESTABLISHING PENAL TIES FOR VIOLATIONS THERETO, AND
REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF
MARANA IN CONFLICT THEREWITH.
WHEREAS, the Town Council ofthe Town of Maran a, Arizona, did, on February 20, 1996,
adopt Ordinance No. 96.09, which adopted that certain document entitled "Marana Town Code,
Chapter 9, Business Regulations," as the ninth chapter of the official Town Code; and
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WHEREAS, the Town Council of the Town of Marana, Arizona, did, on September 25,
1984, adopt Ordinance No. 84.09, which provided for an additional fifty dollar ($50.00) fee from
entities applying for or transferring a spirituous liquor license; and
WHEREAS, the provisions of Ordinance No. 84.09 were not incorporated into the Town
Code at the time of its adoption, and the Town Council deems it necessary to now amend Chapter
9 of the Town Code to ratify and incorporate the provisions of Ordinance No. 84.09; and
WHEREAS, the Mayor and Council of the Town of Marana have determined that the
ratification of Ordinance 84.09 and incorporation of such regulations into the Town Code is in the
best interests of the citizens of the Town of Marana.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1. The provisions of Ordinance 84.09 are hereby ratified, and that certain document
entitled "The Code ofthe Town of Maran a, Arizona, Chapter 9, Business Regulations, Section 9-1-3,
Fees; Payment; Term of License," three copies of which are on file in the office ofthe Town Clerk
of the Town of Marana, is hereby amended as follows, with additions being shown in CAP IT AL
LETTERS and deletions being shown in stlikeont tc'xt:
Section 9-1-3 Fees; Payment; Term of Licenses
A. The fee for any license issued under this article shall be twenty five ($25.00)
dollars per year.
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B. IN ADDITION TO THE $25.00 FEE, EVERY PERSON, FIRM,
CORPORATION, OR OTHER ENTITY APPLYING FOR A SPIRITUOUS
LIQUOR LICENSE, UNDER THE PROVISIONS OF A.R.S. SECTION 4-101,
ET SEQ., WHETHER IT BE FOR AN ORIGINAL LICENSE OR TRANSFER
OF LICENSE, SHALL TENDER TO THE TOWN A FEE OF FIFTY DOLLARS
($50.00). SAID FEE SHALL BE TENDERED TO THE TOWN
CONTEMPORANEOUS WITH THE FILING OF AN APPLICATION FOR
ORIGINAL LICENSE OR TRANSFER OF LICENSE TO THE ARIZONA
ST A TE DEPARTMENT OF LIQUOR LICENSES AND CONTROL. THIS FEE
SHALL NOT BE APPLICABLE TO WHOLESALERS LICENSED UNDER
A.R.S. SECTION 4-209.
Section 2. The original Sections 9-1-3(B) through 9-1-3(F) are hereby renumbered as Sections
9-1-3(C) through 9-1-3(G), respectively.
Section 3. Further, the penalties for violations of Chapter 9 ofthe Code ofthe Town of Marana,
Arizona are amended as follows, amendments being shown in CAPITAL LETTERS and deletions
being shown in st1ikeout text:
Section 9-1-13 Penalty PENALTIES
A.
Any violation ofthis article shall be a civil infraction and punishable by a fine. Each
day that a violation continues shall be considered a separate offense.
B.
THE FAILURE OF ANY PERSON, FIRM, CORPORATION, OR OTHER
ENTITY TO COMPLY WITH THE PROVISIONS OF SECTION 9-1-3(B), AND
TO PAY ANY AND ALL FEES WHEN DUE, SHALL BE A CLASS ONE
MISDEMEANOR.
Section 4.
Other penalties for violations to Section 9-1-3(B) are as follows:
Article 9-1
Section 9-1-11 Denial; Restrictions; Suspension; Revocation
A. Licenses issued under the provisions of this article may be denied, restricted,
suspended or revoked by the town clerk, after notice, for any ofthe following causes:
1. Fraud, misrepresentation or material false statement contained in the
application for license.
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2. Fraud, misrepresentation or material false statement made in the course of
carrying on the business.
3. Any violation of this article.
4. Conducting business in violation of any town ordinance, county ordinance,
state law or federal law, relating to the public health, safety and welfare.
Section 5. The various Town officers and employees are authorized and directed to perform all acts
necessary or desirable to give effect to this ordinance.
Section 6. All Marana ordinances, resolutions, or motions and parts of ordinances, resolutions, or
motions ofthe council in conflict with the provisions ofthis ordinance are hereby repealed, effective
as of the effective date ofthis ordinance.
Section 7. If any section, subsection, sentence, clause, phrase or portion ofthis ordinance is for any
reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,
_ such decision shall not affect the validity of the remaining portions thereof.
PASSED AND ADOPTED by the Mayor and Council ofthe Town of Maran a, Arizona this
16th day of June, 1998.
Marana, Arizona Ordinance No. 98.12
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