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Home My WebLink AboutCouncil Presentation 06-04-2019 Title 9 Business RegulationsMarana Town Code Title 9 Business RegulationsJane Fairall, Deputy Town AttorneyStarla Anderson, Deputy Finance DirectorLori Dart, License and Tax Specialist Title 9 Business RegulationsTitle 9 includes regulations for the following:•Business Licenses•Peddlers, Solicitors & Transient Merchants•Swap Meets•Massage Establishments•Clothing and Conduct for Qualified Establishments•Sexually Oriented Businesses•Liquor Licenses•Cable Television•Surface Mining & Land Reclamation•Sale of Products Containing Pseudoephedrine•Commercial Filming & Photography Permits Title 9 Business RegulationsChronology•1996 – Title 9 adopted •2000 – Substantive revisions to title; addition of Sexually Oriented Businesses chapter; Clothing and Conduct for Qualified Establishments chapter rewritten•2002 – Cable Television and Surface Mining & Land Reclamation chapters added•2006 – Sale of Products Containing Pseudoephedrine chapter added•2011 – Massage Establishment chapter added•2014 – Liquor License chapter rewritten•2019 – Commercial Filming & Photography Permits chapter added Title 9 Revisions•Focus of Revisions–Chapters that have not been revised since 1996 or 2000•General Business Licenses•Peddlers•Swap Meets•Exceptions: Sexually Oriented Businesses/Clothing and Conduct for Qualified Establishments (2000) – beyond the scope of this review•Clean‐up only of other chapters, if necessary•Addition of Mobile Food Vendors chapter Title 9 Revisions•NEW ‐ CHAPTER 9‐1 ‐ GENERAL PROVISIONS –Basic provisions that apply throughout the entire Title 9•Definitions•Powers & Duties of License Inspector & Deputy License Inspectors•Classification & Enforcement–Most violations of Title 9 are civil infractions–Violations of specialty licenses/regulations are criminal misdemeanors (Massage Establishment, Clothing & Conduct for Qualified Establishments, Sexually Oriented Businesses, Sale of Products Containing Pseudoephedrine, Liquor Licenses) Title 9 Revisions•CHAPTER 9‐2. BUSINESS LICENSES –Renumbered and Rewritten •Updated and modernized•Reorganized for clarification, readability•Consistent with current practices of Finance Department–Generally applicable to all types of businesses regulated by Title 9•All businesses need a business license under Chapter 9‐2•License valid for one year; must be posted at business•Additional regulations for certain types of businesses, but not additional licenses•Exceptions: Massage Establishments and Sexually Oriented Businesses obtain specialty license under Chapters 9‐5 and 9‐7, respectively, instead of 9‐2 Title 9 Revisions•CHAPTER 9‐2. BUSINESS LICENSES (continued)–Exemptions from business license requirement:•Businesses exempted from licensing by state or federal law, including residential real property rental •Non‐profits, governmental entities, public educational entities•Casual activities or sales (i.e., yard sales (if 3 consecutive days or less, or 4 times or less within a 1‐year period), online sales, if not engaged in business of selling)–NEW – No‐cost registration (but not licensing) of non‐profit organizations–NEW – Temporary Business License (currently in fee schedule but not in code)•Authorizes temporary business activity of 10 consecutive days or less; lesser fee–NEW – Final administrative review hearing for denial, suspension, revocation of license is to Town Manager/designee (eliminates appeal to Council) Title 9 Revisions•CHAPTER 9‐3. PEDDLERS–Renumbered and Rewritten –Significantly rewritten to clarify/define who should be considered a peddler•Focus on individuals going from door‐to‐door, selling goods & soliciting orders, who are not employees of an already licensed business•Regular business license under Ch. 9‐2, but higher scrutiny, additional application requirements for peddlers, including:–The source of supply of the goods or property–Information regarding certain criminal convictions–The most recent counties or municipalities where applicant carried on business immediately preceding the date of application –Description of any vehicles to be used in peddling•NEW ‐ Added requirements that peddlers must be fingerprinted & provide photo to obtain a license Title 9 Revisions•CHAPTER 9‐4. SWAP MEETS –Renumbered and Rewritten–NEW – Each swap meet must have a swap meet operator licensed under Chapter 9‐2–NEW – Swap meet operator must present proof that:•Operator is owner of the property where the swap meet is located; or•Operator has the right to use the property for the swap meet–NEW – Swap meet participants must have business license if participate more than 3 consecutive days or 4 times within 1 year (consistent with exemption for casual sales) Title 9 Revisions•CHAPTER 9‐4. SWAP MEETS (continued)–NEW – Swap Meet Regulations for safety and security, including:•Merchandise with an initial price of $25.00 or more, or which has or had a serial number, must be visible to the general public & Town officials•Swap meet must be in a building, structure, enclosure, fenced lot, or other area where entry may be restricted to enable the operator to control effectively all participants and merchandise•Operator must provide for daily clean‐up of premises & maintain premises in sanitary condition at all times •Participants must vacate the premises & remove all merchandise & personal property at end of each day•Operator must maintain a list of all participants at the swap meet for each day of operations Title 9 Revisions•CHAPTER 9‐5. MASSAGE ESTABLISHMENTS –Revision to existing chapter to remove requirement for a “regular” business license under Chapter 9‐2 in addition to a massage establishment license•No need to obtain 2 licenses for same business•Will only need to obtain a Massage Establishment License under Chapter 9‐5–No other substantive revisions Title 9 Revisions•CHAPTER 9‐7. SEXUALLY ORIENTED BUSINESSES –Revised section regarding background checks for employees and establishments to extend the time for Arizona Department of Public Safety (DPS) to respond with criminal history checks on fingerprints•From 30 or 45 days to 90 days–No other substantive revisions Title 9 Revisions•CHAPTER 9‐9. PENALTY•Deleted entire chapter; incorporated in new Chapter 9‐1 General Provisions•CHAPTER 9‐10. SURFACE MINING AND LAND RECLAMATION•Moved current section 9‐1‐3(B) re: surface mining fees to section 9‐10‐6•No substantive revisions Title 9 Revisions•NEW – CHAPTER 9‐13. MOBILE FOOD VENDORS–Currently the Town has no provisions specifically related to mobile food vendors/food trucks•Have traditionally regulated as “peddlers”; not a good fit–New chapter based on League of Arizona Cities and Towns Model Ordinance•In compliance with new state laws enacted in 2018 Title 9 Revisions•NEW – CHAPTER 9‐13. MOBILE FOOD VENDORS (continued)–Does not require a special license, just a regular business license under Chapter 9‐2–Operational requirements:•Fire Safety & Inspection – Compliance with fire code; fire inspection or proof of fire inspection from another state fire department within preceding 12 months•Refuse, Trash & Litter Maintenance – at least one 15 gallon trash receptacle within 15 feet of each individual mobile food unit •Noise Restrictions – No amplified sound while parked; amplified sound between 10:00 PM and 6:00 AM presumed to be disturbing Title 9 Revisions•NEW – CHAPTER 9‐13. MOBILE FOOD VENDORS (continued)–Operational requirements: (continued)•Security – Adequate lighting, no obstructions to street or right‐of‐way•Insurance – Provide Town with insurance documentation if operate on Town property, including right‐of‐way and Town special events•Parking–Comply with LDC and other applicable parking regulations–Shall not occupy a space for more than 6 hours in a 24‐hour period–Shall not claim exclusive right to park at a particular location•Signs – Comply with Sign Code in LDC Title 9 Revisions•NEW – CHAPTER 9‐13. MOBILE FOOD VENDORS (continued)–Operational requirements: (continued)•Location–Generally allowed only in commercial, industrial, and mixed‐use zoning districts–Not allowed in residential zones or within 250 of residential zone, except:»Ice cream vendor may operate on public ROW in residential zone»Vendor may operate by agreement with private property owner, for maximum of 6 hours within a 24‐hour period –Allowed to operate in a legal parking space in Town right‐of‐way, but not in a parking lot on Town‐owned property, except:»Subject to a license or agreement with the Town»Subject to a special event permit issued by the Town–To operate on private property must have written permission from property owner Title 9 Business RegulationsQuestions