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HomeMy WebLinkAboutResolution 2019-049 Amendments to Town Code Title 9 Business RegulationsMARANA RESOLUTION NO. 2019-049 RELATING TO BUSINESS REGULATIONS; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE REVISIONS TO MARANA TOWN CODE TITLE 9 (BUSINESS REGULATIONS) ADOPTED BY MARANA ORDINANCE NO. 2019.012 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the amendments to Marana Town Code Title 9 (Business Regulations), adopted by Marana Ordinance No. 2019.012 a copy of which is attached to and incorporated in this resolution as Exhibit A and one paper copy and one electronic copy of which are on file in the office of the Town Clerk, are hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4th day of June, 2019. ATTES d✓� Cherry Law61 own Clerk Mayor Ed Honea 00063320.DOCX /1 Marana Resolution No. 2019-049 - 1 - EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 SECTION 1. Marana Town Code Title 9 (Business Regulations) is hereby amended to add new Chapter 9-1 (General Provisions) as follows, and the chapters that follow are renumbered to conform: CHAPTER 9-1. GENERAL PROVISIONS 9-1-1 Purpose and effect of title A. This title is enacted to assist businesses, citizens, and the town to collect and provide accurate information on the types and locations of businesses in the town, to help existing business growth and services, to assist in new business planning,and to protect the public from fraud and harm. B. Persons possessing a town business license of any type shall remain subject to all applicable local, state, and federal laws, ordinances, rules, and regulations,including all applicable revenue,regulatory, and zoning laws. 9-1-2 Definitions The following definitions shall apply throughout this title unless the context clearly indicates or requires a different meaning. A. "Applicant" means the person who applies for a license pursuant to this title. B. "Business" means all activities or acts, including professions, trades and occupations, personal or corporate, engaged in and caused to be engaged in with the object of gain,benefit, or advantage, either direct or indirect,but not casual activities or sales. C. "Casual activities or sales" means those transactions which are isolated sales of goods or services by a person who is not engaged in business and does not represent himself or herself as being in business, and includes transactions where persons sell personal property within the confines of that person's residential premises, so long as the activity neither exceeds three consecutive days or is performed on more than four occasions within a one-year period. D. "Controlling person" means a natural person who either (A) has a 10% or greater interest in the ownership or earnings of the business, or (B) is any of the following: 1. An officer, director, or any stockholder who owns 10% or more, of a corporation licensee or applicant; 2. A general partner of a limited partnership licensee or applicant or partner of a non-limited partnership licensee or applicant; 3. An officer, president, or secretary of a limited liability company or corporation licensee or applicant;or 4. The sole proprietor of a sole proprietorship licensee or applicant. 1 EXHIBIT A EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 E. "Designated agent" means the person designated by the licensee or applicant to receive notices from the town pursuant to this title. F. "Federally exempt organization" means an organization determined exempt under 26 U.S.C. section 501(c) by the commissioner of the internal revenue service. G. "Governmental entity" means the federal government, the state of Arizona, any other state, and any political subdivision, department, or agency of any of these governments. H. "Licensee" means the person who applied for a license pursuant to this article and in whose name such license was issued by the town pursuant to this title. I. "License inspector" means the town employee designated by the town manager to administer and enforce the provisions of this title and any designees or deputies designated by the license inspector or this chapter. J. "Natural person" means a human being, as distinguished from a person created by operation of law (e.g., a corporation). K. "Person" means an individual, firm, partnership, joint venture, association, corporation,estate,trust,receiver,syndicate,or broker. L. "Public educational entity" means any educational entity operated pursuant to title 15 of the Arizona revised statutes. M. "Residential real property rental" means the business of offering for rent, lease, or license a building or structure that is used for a home or residence by one or more persons who maintain a household. This definition does not include any of the following: 1. Short-term rentals for a period of 29 consecutive days or less; 2. The use of a home or residence for business activities, including assisted living or behavioral health residential facilities; or 3. The use of a home or residence for any other business operation that does not meet this definition of residential real property rental. N. "Short-term vendor" means a person who engages in business in the town for ten consecutive days or less at a time and includes vendors who participate in special events in the town. O. "Temporary business license" means a business license issued to a short-term vendor authorizing temporary business activity of ten consecutive days or less. 2 EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 9-1-3 Conflicting provisions If a provision of this chapter is in conflict with any other provision of this title, the more specific provision shall apply and shall control over the general provisions of this chapter. 9-1-4 Licenses not cumulative Except as otherwise provided in this title, a licensee who holds a valid license pursuant to any chapter in this title shall not be required to obtain any additional license required by another chapter of this title for the same business activity. 9-1-5 Powers and duties of license inspector A. It shall be the duty and responsibility of the license inspector to interpret, administer, and enforce the provisions of this title, with the assistance of deputy license inspectors and other town department as requested. Pursuant to this duty, the license inspector or designee shall issue, renew, deny, suspend,or revoke licenses as required by this title. B. The license inspector may examine or cause to be examined all businesses in the town to ascertain compliance with the provisions of this title, including inspecting records and making sure that licenses are conspicuously posted. C. The license inspector may make rules and regulations consistent with the provisions of this title as may be necessary to enforce the provisions of this title. 9-1-6 Deputy license inspectors A. Any peace officer is hereby designated a deputy to the license inspector and is authorized and empowered to enforce the provisions of this title and to issue citations for violations of it. B. Any code compliance officer, as defined in chapter 1-9 of this code, is hereby designated a deputy to the license inspector and is authorized and empowered to enforce the provisions of this title that are classified as civil offenses and to issue citations for violations of those civil offenses. 9-1-7 Classification;enforcement;continuing violations A. Except as otherwise provided in this title, whenever in this title any act is prohibited or declared to be unlawful, or the doing of any act is required, or the failure to do any act is declared to be unlawful, the violation of that provision is a civil infraction. B. This chapter may be enforced in any manner provided for by town ordinances and state laws. C. Each day any violation continues shall constitute a separate offense. 3 EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 SECTION 2. Existing Chapter 9-1 (Business License) (renumbered as Chapter 9-2 by section 1 of this ordinance) of the Marana Town Code is hereby deleted in its entirety and replaced with new Chapter 9-2 (Business Licenses) as follows: CHAPTER 9-2. BUSINESS LICENSES 9-2-1 Business license required;non-transferability A. It is unlawful for any person to operate a business in the town without first obtaining and maintaining a valid business license issued pursuant to the applicable provisions of this title. 1. Notwithstanding the general applicability of this chapter to all businesses in the town, massage establishments shall be governed by the licensing requirements in chapter 9-5, and sexually oriented businesses shall be governed by the licensing requirements in chapter 9-7. B. A separate business license is required for each business address where a business is operated, and for each business under separate operation or ownership at the same location. C. Any person who operates a business with a fixed location outside the town limits, but who solicits business or advertises within the town, or delivers products or performs services within the town, is required to obtain a license pursuant to this section. D. All business licenses issued pursuant to this chapter are non-transferable. Upon the sale or transfer of any interest in a business, a new application must be submitted for that business and all provisions of this chapter shall apply to the new application. 9-2-2 Exemptions;documentation A. The provisions of this chapter shall not apply to: 1. Any person engaging in any business exempted from licensing by the constitution or applicable statutes of the United States or of the state of Arizona. 2. A federally exempt organization, governmental entity, or public educational entity. 3. Casual activities or sales. 4. Residential real property rental. B. Any person claiming an exemption from the licensing requirement pursuant to subparagraphs A.1 or A.2 of this section shall file a signed statement with the license inspector stating the facts upon which exemption is claimed. The license inspector shall file the signed statement in lieu of issuing a license to such person. If the license inspector subsequently obtains information that 1 EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 the person is not entitled to the exemption, the license inspector may revoke the person's exempt status after giving the person notice and a reasonable opportunity for a hearing. 9-2-3 Federally exempt organization registration A. A federally exempt organization doing business within the town, to include soliciting money, donations of money or property, or financial assistance of any kind, or selling or distributing items of literature or merchandise to persons other than members of that organization, shall register with the license inspector on a form provided by the license inspector for that purpose. B. The license inspector shall not charge a fee to a federally exempt organization registering under this section. 9-2-4 Application;fees A. Any person desiring to obtain a business license shall apply to the license inspector on the form provided by the license inspector for that purpose. B. Each application for a business license shall consist of, as applicable, the following: 1. The name and exact nature or type of business being operated. 2. The location and address of the business. 3. The business owner's name, address, and contact information. 4. If the applicant is an entity, the application shall include the names, addresses, and contact information for all controlling persons and the designated agent of the entity. 5. For individuals, proof required by A.R.S. § 41-1080(A), that the applicant is a citizen of the United States, or a non-citizen authorized to work in the United States. 6. The transaction privilege tax license number for the business. 7. Proof of compliance with all regulations, if any, of the business being operated, including but not limited to, possession of any required certification,permit,or similar documentation. 8. Any additional information required by the license inspector. C. The applicant has an affirmative duty to supplement a pending application with new information received subsequent to the date the application was submitted to the town. D. Each application shall be accompanied by the applicable fee as set forth in a fee schedule approved by the council and amended from time to time. The EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 license inspector will not process an application until the applicant has paid the applicable fee. 9-2-5 License application investigation A. The town shall have a reasonable time within which to investigate each business license application. B. The license inspector shall refer the application to the appropriate town departments for investigation. Based on the investigation, the departments shall recommend to the license inspector approval or denial of the business license. 9-2-6 Issuance of license;term of license;mistake A. Upon completion of the license application investigation and the license inspector's determination that the applicant qualifies for a license, the license inspector shall issue a business license to the applicant. B. The business license shall contain all of the following information: 1. The name of the licensed business. 2. The address where the business is to be transacted and carried on. 3. The date of the expiration of the license. 4. The type of business licensed. 5. Any other information necessary for the enforcement of this chapter. C. Except for temporary business licenses, the business license shall remain in effect for one year, unless sooner revoked or suspended by the license inspector. D. In no case shall any mistake made by the town in issuing any license, or collecting a fee for any license, prevent, prejudice, or stop the town from revoking any license erroneously issued and refunding the fee collected, or collecting the correct amount of fee or charge for any license. 9-2-7 License renewal A. Within one year of the issue date for the previously effective license, all licensees under this chapter wishing to remain licensed, except for short-term vendors who possess a temporary business license, shall submit the applicable license renewal fee to the license inspector. B. If the renewal fee is submitted more than 15 days after the expiration of the license, the licensee will also be assessed a late license renewal fee as set forth in the fee schedule approved by the council and amended from time to time. C. The license inspector will not renew a license until the licensee has paid all applicable fees. EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 D. The licensee shall also submit proof of continuing compliance with all regulations, if any, of the business being operated, including but not limited to, continued possession of any required certification, permit, or similar documentation. E. No license shall be renewed unless the licensee complies with all provisions of this chapter. 9-2-8 Posting and display of license A. Any business required to be licensed under this chapter shall keep the license posted in a conspicuous place upon the premises of the business. B. Notwithstanding paragraph A of this section, if the business is located in a residence,the license shall be available for inspection. 9-2-9 Temporary business license A. A short-term vendor may apply for a temporary business license in lieu of a business license with a one-year term. Except as otherwise set forth in this section, the temporary business license shall be issued pursuant to and subject to the provisions of this chapter. B. A temporary business license shall remain in effect for the time requested by the short-term vendor,not to exceed ten consecutive days. C. A short-term vendor may reapply for a temporary business license at any time that the short-term vendor wishes to do business within the town. 9-2-10 Grounds for denial,suspension,revocation, or nonrenewal of license A license issued under the provisions of this chapter may be denied, revoked, suspended, or denied renewal upon any one or more of the following grounds: A. The applicant or licensee is guilty of fraud, deceit, misrepresentation, or material false statement in conducting the business, or in applying for or obtaining a license. B. The applicant or licensee, or any controlling person has violated this chapter, or any local, state, or federal law, regardless of the location at which the violation occurred. C. The business has been conducted in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety, or welfare. D. The applicant or licensee, or, if the applicant or licensee is not a natural person, any controlling person, is delinquent in payment to the town of any taxes, fees, fines or penalties assessed against or imposed upon the applicant or licensee, in relation to or arising out of any business activity of the applicant or licensee. EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 E. The license application is incomplete and the applicant fails to provide the missing information within the timeframe set forth in a written notice specifying the missing or incomplete information and provided to the applicant by the license inspector. F. The applicant or licensee is not a United States citizen or a non-citizen authorized to work by the government of the United States, or does not provide proof required by A.R.S. §41-1080(A). G. The applicant or licensee is a corporation which is not qualified to transact business in Arizona. H. The applicant or controlling person was a licensee or controlling person for a business whose license was revoked within the 12-month period prior to the date of the current application. I. Any other reason or reasons deemed sufficient by the license inspector, as long as the reason or reasons are based upon statutes, ordinances, codes or substantive policy statements which provide justification for the denial, suspension,revocation or nonrenewal of the license. 9-2-11 Procedure for denial,suspension,revocation,or nonrenewal A. If the license inspector determines that grounds exist to deny, suspend, or revoke a business license, or to deny renewal of a business license, the license inspector shall notify the applicant or licensee or designated agent in writing of the denial, suspension,revocation,or nonrenewal. 1. The notice shall include justification for the denial, suspension, revocation, or nonrenewal with references to the statutes, ordinances, codes or substantive policy statements on which the denial, suspension, revocation,or nonrenewal is based. 2. The notice shall be either: a. Personally served upon the applicant or licensee or designated agent, or upon any responsible person at the business address on file with the license inspector or at the actual business address,if different;or b. Mailed by certified mail or other method for which proof of receipt may be obtained by the license inspector to the address of the applicant or licensee or designated agent listed in the current year's license application or renewal application or to the business address of the applicant or licensee. 3. The effective date of the notice shall be the date the notice is actually received. B. If the reason for the denial, suspension, revocation, or nonrenewal of the license is subject to remediation by the applicant or licensee, the notice described in paragraph A of this section shall state that the applicant or EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 licensee shall have 30 days after receipt of the notice in which to remedy the issue. The notice shall advise that business activity at a currently licensed business is allowed to continue during this remedial period,unless otherwise directed by the license inspector. 1. If the applicant or licensee does not remedy the issue or notify the license inspector of remedial action within the 30-day remedial period, the license inspector shall provide a second written notice to the applicant or licensee or designated agent, delivered in the manner described in subparagraph A.2 of this section, that the license is denied, suspended, revoked, or denied renewal for the reasons set forth in the original notice, and that all business activity associated with any existing license must immediately cease. 2. The notice described in subparagraph B.1 of this section shall also advise the applicant or licensee that he or she may submit a written request for a review hearing to the license inspector within ten calendar days of receipt of the notice. The effective date of the notice shall be the date the notice is actually received. C. If the reason for the denial, suspension, revocation, or nonrenewal is not subject to remediation by the applicant or licensee, or if the reason for the denial, suspension, revocation, or nonrenewal is due to a threat to the public health, safety, or welfare, the notice described in paragraph A of this section shall state that the license is denied, suspended, revoked, or denied renewal, and that any existing business activity shall cease immediately upon receipt of the notice. The notice shall also advise the applicant or licensee or designated agent of the right to request a review hearing, as described in subparagraph B.2 of this section. D. If the license inspector does not receive a request for review hearing within the ten-day time period, the denial, suspension, revocation, or nonrenewal is final. 9-2-12 Review hearing A. If an applicant or licensee requests a review hearing pursuant to the procedure described in section 9-2-11, the hearing shall be scheduled within 30 calendar days of the license inspector's receipt of the request, and the applicant or licensee or designated agent shall receive notice of the date, time and place of the review hearing delivered in the manner described in subparagraph 9-2-11.A.2. 1. The review hearing shall be before the town manager or his or her designee to determine whether the license should have been denied, suspended,revoked,or denied renewal. 2. The hearing shall be conducted in an informal manner and the rules of evidence shall not apply. EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 B. If applicable, the applicant or licensee may take remedial action while awaiting the review hearing, and apply to the license inspector to have the license issued or fully restored. C. The decision of the town manager or designee is final and not subject to any further administrative review. SECTION 3. Existing Chapter 9-2 (Peddlers, Solicitors and Transient Merchants) (renumbered as Chapter 9-3 by section 1 of this ordinance) of the Marana Town Code is hereby deleted in its entirety and replaced with new Chapter 9-3 (Peddlers) as follows: CHAPTER 9-3. PEDDLERS 9-3-1 Definition The following definition shall apply throughout this chapter unless the context clearly indicates or requires a different meaning. A. "Peddler": 1. Means an individual, natural person, also commonly known as a "solicitor" or "transient merchant," who travels from door to door, from place to place,from house to house,from street to street, or from business to business engaging in any of the following activities: a. Carrying, conveying or transporting goods, wares, merchandise, edible foodstuffs, or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers; b. Taking, attempting to take, or soliciting orders for sale of goods, wares and merchandise, or edible foodstuffs or provisions for future delivery; c. Taking, attempting to take, or soliciting orders for services to be furnished or performed in the future; d. Promoting or advertising any product or service where no sales or orders are taking place at the time of promotion or advertisement. 2. Does not include vendors who sell goods wares, merchandise, edible foodstuffs, or provisions at temporary locations such as arts and craft fairs, trade shows, special events, and similar events, as long as those vendors do not travel from door to door, from place to place, from house to house, from street to street, or from business to business as described in subparagraph A.1 of this section. 9-3-2 License required It is unlawful for any person to conduct business as a peddler in the town without first obtaining and maintaining a valid business license issued pursuant to and subject to the provisions of chapter 9-2. EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 9-3-3 Exemptions The provisions of this chapter shall not apply to: A. Producers selling food products, as those terms are defined in A.R.S. § 3-561 et seq. B. Persons conducting bona fide religious or charitable business,including: 1. Soliciting money, donations of money or property, or financial assistance of any kind; 2. Selling or distributing items of literature or merchandise to persons other than members of that organization. C. News vendors, as long as the news companies the vendors work for obtain and maintain a valid business license issued pursuant to and subject to the provisions of chapter 9-2. D. Merchants or their employees delivering goods and services in the regular course of business, as long as the merchants obtain and maintain a valid business license issued pursuant to and subject to the provisions of chapter 9-2. E. Sales required by statute or by order of any court, including a bona fide auction sale pursuant to law. 9-3-4 Supplemental application requirements A. In addition to the application requirements set forth in section 9-2-3, any person desiring to obtain a license to conduct business as a peddler shall submit: 1. A peddler supplemental license application on the form provided by the license inspector for that purpose. 2. A full set of fingerprints on a standard fingerprint card, recorded by the police department, and the fee established by the director of the Arizona department of public safety for the processing of fingerprints pursuant to this chapter and A.R.S. §41-1750. 3. One digital photograph of the applicant taken by the license inspector or designee at the time of application. B. The peddler supplemental license application shall consist of, as applicable, the following: 1. Name and physical description of the applicant; 2. Complete permanent home and local addresses of the applicant and, if applicable,the local address from which proposed sales will be made; 3. A brief description of the nature of the business and goods to be sold; EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 4. If employed, the name and address of the applicant's employer; a post office box address will not be accepted; 5. The source of supply of the goods or property proposed to be sold or for which orders are to be taken, or services to be provided; where those goods, services or products are located at the time the application is filed; and the proposed method of delivery; 6. Information regarding all felony and misdemeanor convictions of the applicant, excluding those for civil traffic offenses; the grounds for each conviction;and the punishment or penalty assessed; 7. The most recent counties, cities, or towns, if any, where applicant carried on business immediately preceding the date of application and the address from which business was conducted in those locations;and 8. A description of any vehicles, including license plate numbers, to be used in conducting business in the town. 9-3-5 Authority to receive criminal history record information;use of criminal history record information A. Pursuant to A.R.S. § 41-1750, the town is hereby authorized to receive criminal history record information for evaluating the fitness of current and prospective peddlers. B. Pursuant to A.R.S. § 41-1750 and public law 92-544, the town shall submit all fingerprints obtained pursuant to this chapter to the Arizona department of public safety for the purpose of obtaining state and federal criminal history record information. The Arizona department of public safety is authorized to exchange this fingerprint data with the federal bureau of investigation. C. Criminal history record information obtained by the town pursuant to this chapter shall be used only for evaluating the fitness of current and prospective peddlers. The town shall comply with all relevant state and federal rules and regulations regarding the dissemination of criminal history record information. 9-3-6 Unlawful activities It is unlawful for: A. Any peddler to transact or carry on business without having his or her business license in his or her possession. B. Any peddler to fail to exhibit his or her business license upon request of any person,including any town official. C. Any peddler to exhibit a copy or facsimile of an original business license. EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 D. Any peddler to make exclusive use of any location on any street, alley, sidewalk or right-of-way for the purpose of selling, delivering, or exhibiting goods or merchandise. E. Any peddler to operate in a congested area where the operation may impede or inconvenience the public use of the street, alley, sidewalk, or right of-way. For the purpose of this chapter, the judgment of a police officer, exercised in good faith, is conclusive as to whether the area is congested and the public impeded or inconvenienced. F. Any child under the age of 16 years to operate as a peddler within the town pursuant to a license issued under this chapter unless supervised by the child's parent or legal guardian holding a license issued pursuant to this chapter. G. Any peddler to operate from door to door,from place to place,from house to house,from street to street,or from business to business earlier than 9:00 a.m. or later than 7:00 p.m. on any day. H. Any peddler to come upon any premises posted with a sign exposed to public view bearing the words "no peddlers" or "no canvassers" or "no solicitors" or any combination of those or similar terms, or to remain on any premises after having been requested to leave by the owner or occupant of the premises whether they are posted as specified above or not. I. Any peddler to enter or remain unlawfully on any real property after reasonable notice prohibiting entry. 9-3-7 Additional grounds for denial,suspension,revocation,or nonrenewal of license A. In addition to the grounds set forth in section 9-2-10, a license to conduct business as a peddler issued under the provisions of this chapter may be denied, revoked, suspended, or denied renewal if the applicant or licensee, within five years from the date that the application is submitted, has been convicted of any of the following: 1. A felony involving trafficking in stolen property, fraud, forgery, theft, burglary, robbery, extortion, conspiracy to defraud, or any preparatory offenses of the aforementioned crimes; 2. A felony involving a fraudulent or dishonest act; 3. A felony involving the sale, manufacture or transportation of any dangerous drug as defined under A.R.S. §13-3401; 4. A"violent crime" under A.R.S. Title 13,Chapters 11, 12,13; 5. A"sexual offense" under A.R.S. Title 13,Chapter 14; EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 6. An offense for conduct in another jurisdiction which if carried out in Arizona would constitute an offense under one of the statutory provisions enumerated in this paragraph;or 7. A misdemeanor involving moral turpitude. B. The fact that the conviction is being appealed or has been set aside shall have no effect. 9-3-8 Procedure for denial,suspension,revocation,or nonrenewal;review hearing A. If the license inspector determines that grounds exist to deny, suspend, or revoke a business license issued pursuant to this chapter, or to deny renewal of a business license issued pursuant to this chapter, the license inspector shall proceed as set forth in section 9-2-11, except that in all cases, any existing business activity by the peddler shall cease immediately upon receipt of the notice. B. The denial, suspension, revocation or nonrenewal of a business license issued pursuant to this chapter shall be subject to a review hearing as provided in sections 9-2-11 and 9-2-12. SECTION 4. Existing Chapter 9-3 (Swap Meets) (renumbered as Chapter 9-4 by section 1 of this ordinance) of the Marana Town Code is hereby deleted in its entirety and replaced with new Chapter 9-4 (Swap Meets) as follows: CHAPTER 94. SWAP MEETS 94-1 Definitions The following definitions shall apply throughout this chapter unless the context clearly indicates or requires a different meaning. A. "Operator" means any person who directly or indirectly controls the admission of participants or merchandise into the selling or trading area of a swap meet. B. "Participant" means any person who brings merchandise to a swap meet for purposes of displaying, trading, bartering, or selling the merchandise at the swap meet. C. "Swap meet" means a market consisting of multiple participants who operate from one general business location, under the control of a common operator or operators, on an irregular or semi-regular basis and who display, trade, barter, buy, or sell used merchandise at the location, regardless of whether new merchandise is also displayed, traded, bartered, bought, or sold at the location;also commonly known as a"park-and-swap." EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 9-4-2 Licenses required A. It is unlawful for any person to conduct business as a swap meet operator in the town without first obtaining and maintaining a valid business license issued pursuant to and subject to the provisions of chapter 9-2. B. It is unlawful for any person to conduct business as a swap meet participant for more than three consecutive days or on more than four occasions within a one-year period without first obtaining and maintaining a valid business license issued pursuant to and subject to the provisions of chapter 9-2. 9-4-3 Additional application requirements In addition to the application requirements set forth in section 9-2-4, any person desiring to obtain a license to conduct business as a swap meet operator shall present proof either that the operator is the owner of the property where the swap meet is to be located, or that the operator has the right to use the property for the swap meet, in the form of a lease or license agreement, or similar documentation,from the property owner. 9-4-4 Display of license A. Any operator required to be licensed under this chapter shall keep the license posted in a conspicuous place upon the premises of the swap meet. B. Any participant required to be licensed under this chapter shall keep the license posted in a conspicuous place at the participant's stall, booth, or area at the swap meet. 94-5 Swap meet regulations A. At least one properly licensed operator shall operate each swap meet. B. The operator shall conduct each swap meet 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. C. All merchandise, both new and secondhand, for which a participant asks, or intends to ask, an initial price of$25.00 or more, or which has or had a serial number, shall at all times be visible to the general public and officials of the town. D. The operator shall provide and pay for adequate security, as determined by the chief of police. E. The operator shall cooperate with law enforcement officials investigating, examining, or monitoring displayed merchandise. F. The operator shall provide for daily clean-up of the premises and shall maintain the premises in good, clean,and sanitary condition at all times. EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 G. At the close of each day's business, all participants must vacate the premises and remove all of their merchandise and personal property. H. The operator shall maintain a list of all participants at the swap meet for each day of operations and shall display the list to town officials upon request. 9-4-6 Prohibited merchandise It shall be unlawful for any person to sell, exchange, display, offer for sale, or barter at any swap meet any of the following items: A. Any live animal B. Ammunition or blasting agents C. Liquid petroleum gases or other combustible gases D. Any type of display fireworks, not including permissible consumer fireworks,as those terms are defined in A.R.S. §36-1601 E. Explosives, acids, caustics, oxidizing agents or any flammable liquids, including but not limited to, gasoline, kerosene, acetone, thinners, and solvents F. Spray paint containers SECTION 5. Existing section 9-4-3 (renumbered as section 9-5-3 by section 1 of this ordinance) of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlining): 9-5-39 4 3 Duties of license inspector;appeals A. It shall be the duty and responsibility of the town's license inspector; described in section 91 6, to administer the provisions of this chapter. Pursuant to this duty, the license inspector shall issue, renew, deny, suspend, or revoke massage establishment licenses or manager licenses as required by this chapter. B. Any party aggrieved by a decision of the license inspector under this chapter may appeal as provided in this chapter. SECTION 6. Existing section 9-4-24 (renumbered as section 9-5-24 by section 1 of this ordinance) of the Marana Town Code is hereby revised as follows (with deletions shown with stress): 9-5-249 4 24 Licenses;cumulative regulation A. The licenses required in this chapter are in addition to any business or transaction privilege license required by the Marana town code or state law. [Paragraphs B through D remain unchanged] EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 SECTION 7. Existing section 9-6-5 (renumbered as section 9-7-5 by section 1 of this ordinance) of the Marana Town Code is hereby revised as follows (with deletions shown with ftrikeouts and additions shown with double underlining): 9-7-59 6 5 License application [Paragraphs A through F remain unchanged] G. Each person signing an application as an applicant shall attach to the application form the following: 1. Two identical, passport-quality color photographs of the applicant clearly showing the applicant's face and taken within the preceding month, and a full set two Set:, of the applicant's complete fingerprints on a standard fingerprint card recorded for by the police department. Any fees for the photographs and fingerprints shall be paid by the applicant. [Subparagraphs 2 through 4 remain unchanged] [Paragraphs H and I remain unchanged] J. Pursuant to A.R.S. § 41-1750, the town is hereby authorized to receive criminal history record information for evaluating the fitness of current and prospective sexually oriented business licensees and current and prospective sexually oriented business employee licensees. K. Pursuant to A.R.S. § 41-1750 and public law 92-544, the town shall submit all fingerprints obtained pursuant to this chapter to the Arizona department of public safety for the purpose of obtaining state and federal criminal history record information. The Arizona department of public safety is authorized to exchange this fingerprint data with the federal bureau of investigation. L. Criminal history record information obtained by the town pursuant to this chapter shall be used only for evaluating the fitness of current and prospective sexually oriented business licensees and current and prospective sexually oriented business employee licensees. The town shall comply with all relevant state and federal rules and regulations regarding the dissemination of criminal history record information. SECTION 8. Existing section 9-6-6 (renumbered as section 9-7-6 by section 1 of this ordinance) of the Marana Town Code is hereby revised as follows (with deletions shown with trite and additions shown with double underlining): 9-7-69-6-6 Issuance of license; denial;annual renewal required A. Upon the filing of an application for a sexually oriented business employee license, the license inspector shall issue a temporary license to the applicant. The application shall then be referred to the appropriate town departments for investigation to be made on the information contained in the application. Any inspection requirement of a particular town agency shall be waived if EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 the respective town agency fails to complete its inspection within 20 days of the date it received an inspection request. The application review process shall be completed within 50 90 days from the date of the completed application. After the investigation, the license inspector shall issue an employee license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true: [Subparagraphs 1 through 5 remain unchanged] [Paragraphs B through D remain unchanged] E. If application is made for a sexually oriented business license, the license inspector shall approve or deny issuance of the license within 45 90 days of receipt of the completed application. The failure of the town or a particular town official or agency to timely act shall result in the waiver by the town of any requirement under this chapter as applied to that particular town official or agency. The license inspector shall issue a license to an applicant unless it is determined that one or more of the following findings is true: [Subparagraphs 1 through 10 remain unchanged] [Paragraphs F and G remain unchanged] H. If the license inspector determines that an applicant is not eligible for a sexually oriented business license, the applicant shall be given notice in writing of the reasons for the denial within 45 90 days of the receipt of the completed application by the license inspector, provided that the applicant may request,in writing at any time before the notice is issued, that the period be extended for an additional period of not more than ten days to make modifications necessary to comply with this chapter. I. Each license issued pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the license inspector that the applicant has not been convicted of any specified criminal activity, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within 59 90 days of receiving the completed application. The renewal of a license shall be subject to the fee as set forth in section 9-7-7 9 6 7. Non-renewal of a license shall be subject to appeal as set forth in this chapter. SECTION 9. Existing section 9-6-9 (renumbered as section 9-7-9 by section 1 of this ordinance) of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlining): 9-7-99-6-9 Expiration of license [Paragraph A remains unchanged] EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 B. If the license inspector town clerk denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. Notwithstanding the provisions of this section, if a licensee appeals the non-renewal of a license,the status quo immediately prior to the non-renewal shall be maintained while the appeal is pending. SECTION 10. Existing reserved section 9-6-17 (renumbered as section 9-7-17 by section 1 of this ordinance) of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlining): 9-7-179 6 17{Reserved}Additional reporting requirements To ensure compliance with the provisions of this chapter, whenever the license inspector has reason to believe that the sale or rental for any form of consideration of any merchandise defined in section 9-7-2(B) is a principal business purpose of any business licensed under this title, the license inspector may require the business to provide to the license inspector statements,in a form prescribed by the license inspector, detailing the percentage of the business's total retail sales, total inventory and total retail floor space attributable to such merchandise. The license inspector may also request that the business provide supporting documentation or information reasonably necessary to verify any of the information provided in the detailed statements. SECTION 11. Chapter 9-9 (Penalty) of the Marana Town Code is hereby deleted. SECTION 12. Section 9-10-6 of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlining): 9-10-6 Fees A. The fees for a reclamation plan, amendment to reclamation plan, and interim management plan shall be as the same as those set forth in the town fee schedule for development plans, and shall be paid to the development services department at the time of filing of the reclamation plan amendment to reclamation plan,or interim management plan. B. A business license fee shall be paid the town for inspections and monitoring of for a surface mine mining license in an amount as set forth in a fee schedule adopted by the council and amended from time to time section 9 1 3 of the Marana town code. An increased fee is necessary to: 1. Support town staff and other efforts to monitor, inspect, and enforce the provisions of this chapter and chapter 10-1, transportation and dumping of garbage or aggregate material as it relates to aggregate material; 2. Ensure that surface mining operations are maintained to standards of repair, orderliness, neatness, sanitation, and safety acceptable to industry standards and the town;and EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 3. Ensure that surface mining operations carry out all mining operations in an organized manner and in compliance with all federal and state laws and the re• lations of a• •ro•Hate state and federal a•encies havin• due re•and for the health and safe of workers and other em•to ees including the safeguarding with fences, barriers, fills, covers, or other effective devices, any shafts, pits, tunnels, cuts, and other excavation which otherwise would unduly imperil life, safety or property of other persons. SECTION 13. Marana Town Code Title 9 (Business Regulations) is hereby amended to add new Chapter 9-13 (Mobile Food Vendors) as follows: CHAPTER 9-13. MOBILE FOOD VENDORS 9-13-1 Purpose This chapter is adopted to protect the health, safety, and welfare of the citizens of the town by enacting reasonable regulations for mobile food vendors, their employees, agents, lessees, or independent contractors by requiring compliance with minimum standards for safety and security. 9-13-2 Definitions The following definitions shall apply throughout this chapter unless the context clearly indicates or requires a different meaning. A. "Legal parking space": 1. Means an area designated for vehicle parking in the town right-of-way that may be paved or unpaved and may be delineated by road surface markings. 2. Does not include a parking space in a parking lot on property owned by the town. B. "Mobile food unit" means a food establishment that is licensed by this state, that is readily movable, and that dispenses food or beverages for immediate service and consumption, and other incidental retail items, from any vehicle, as defined in A.R.S. §28-101. C. "Mobile food vendor" means any person who owns, controls, manages, or leases a mobile food unit or contracts with a person to prepare foods and vend from, drive, or operate a mobile food unit. D. "Right-of-way" means the entire width between boundary lines of every way set apart for public travel when any part of it is open to the use of the public for purposes of vehicular travel. EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 E. "Semi-permanent structure" means equipment, or any dining area, including, but not limited to, tables, chairs, booths, bar stools, benches, and standup counters. 9-13-3 Compliance with state licensing requirements It is unlawful for any person to operate a mobile food unit or act as a mobile food vendor without first obtaining and maintaining in effect a valid license from the state of Arizona department of health services pursuant to A.R.S. §36-1761. 9-13-4 License required It is unlawful for any person to operate a mobile food unit in the town without first obtaining and maintaining a valid business license issued pursuant to and subject to the provisions of chapter 9-2. 9-13-5 Additional application requirements In addition to the application requirements set forth in section 9-2-4, any person desiring to obtain a license to conduct business as a mobile food unit shall submit all of the following supplemental information: A. A description,license plate number,and photograph of the mobile food unit; B. A general description of the goods to be sold by the mobile food unit; C. A valid driver's license; D. A copy of required certificate(s) issued by the county health services department; E. A copy of the required mobile food unit license issued by the Arizona department of health services. 9-13-6 Display of license Any mobile food unit required to be licensed under this chapter shall keep the license posted in a conspicuous place upon the mobile food unit. 9-13-7 Operational requirements A. Fire Safety and Inspection. 1. A mobile food vendor must ensure that all mobile food units comply with the version of the international fire code in effect at the time when the license is issued, state law, and the town code relating to fire and explosion safety standards. 2. A mobile food unit shall be inspected by the fire department, or the mobile food vendor shall provide evidence that the mobile food unit passed a fire inspection by another city or town fire department in this state within the preceding 12 months. EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 B. Refuse,Trash,and Litter Maintenance. A mobile food vendor shall: 1. Provide a minimum of one 15 gallon trash receptacle within 15 feet of each individual mobile food unit for customers and employees; 2. Maintain an area around the mobile unit clear of litter, garbage, rubble and debris;and 3. Transport the trash from the area of operation to an authorized waste disposal location. C. Noise Restrictions. A mobile food vendor shall not use, play, or cause to be used or played any amplifier, loudspeaker, microphone, amplified music, or any other amplified instrument or device used for the production of sound in a vending area when the mobile food unit from which mobile food vendor is vending is stationary or mobile upon any right-of-way, park, or other public place. For purposes of this paragraph, the factors for determining whether a sound is amplified include,but are not limited to,the following: 1. The proximity of the sound to sleeping facilities, whether residential or commercial; 2. The land use, nature, and zoning of the area from which the sound emanates and the area where it is received or perceived; 3. The time of day or night when the sound occurs;it shall be presumed that any amplified noise between 10:00 p.m. and 6:00 a.m. is reasonably disturbing; 4. The duration of the sound;and 5. Whether the sound is recurrent,intermittent,or constant. D. Security. 1. The mobile food unit and the surrounding vending area shall be maintained in a safe and clean manner at all times. 2. A mobile food unit shall have adequate lighting to ensure customer safety in the vending area. Lighting shall be directed downwards and away from rights-of-way and adjacent properties. 3. The mobile food unit and its customers shall not obstruct the movement of pedestrians or other vehicles using the sidewalk, street, alley, or other public right-of-way. E. Insurance. 1. If the mobile food unit operates at an event sponsored by the town or operates on public property, including rights-of-way or property owned by the town, the mobile food vendor shall obtain insurance naming the town as an additional insured in amounts as required by the town and in accordance with the requirements of A.R.S. Title 9,Chapter 4,Article 7.2. EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 2. The insurance company issuing the policy shall be authorized to issue commercial liability policies in Arizona by the Arizona department of insurance. 3. The policy shall designate by manufacturer's serial or identification number all mobile food units for which coverage is granted. 4. The policy shall insure the person named in the policy and any other person using the mobile food unit with the express or implied permission of the named insured against any liability arising out of the ownership, maintenance or use of the mobile food unit in Arizona. F. Location. 1. Approved Areas. Except as otherwise provided in this paragraph, a mobile food vendor shall operate a mobile food unit only in commercial, industrial, and mixed-use zoning districts in accordance with the land development code. 2. Residential Areas. A mobile food vendor shall not operate in an area zoned for residential use or within 250 feet of an area zoned for residential use,except: a. A mobile food vendor selling only ice cream may operate on public rights-of-way in areas zoned for residential use. b. Subject to applicable laws, a mobile food vendor may operate on private property in a residential area if the mobile food vendor obtains a separate agreement with the property owner to operate a mobile food unit for a maximum of six hours within a 24-hour period on the private property. 3. Town-Owned Property. A mobile food vendor shall only operate in a legal parking space, as defined in this chapter. If the mobile food vendor desires to operate on town property other than a legal parking space, the mobile food vendor shall obtain from the town: a. A separate license for use, services contract, or similar agreement, which will be entered into at the town's sole discretion and applicable law;or b. A special event permit or similar permission in accordance with the town code. 4. Private Property: A mobile food vendor shall obtain written permission to use any private property where a mobile food unit is operating and shall provide proof of such written permission on demand by the town. G. Parking. A mobile food unit shall comply with this paragraph and applicable law as it pertains to parking, unless parking is governed by a separate paragraph in this chapter. EXHIBIT A TO MARANA RESOLUTION NO. 2019-049 Amendments to the Marana Town Code, Title 9 "Business Regulations" pursuant to Marana Ordinance No. 2019.012 1. A mobile food unit shall only operate in a legal parking space. 2. A mobile food unit, including any semi-permanent structure used or associated with the mobile food unit, may use no more than one legal parking space, unless the mobile food vendor has a separate agreement with the town to use additional legal parking spaces or parking spaces on town property other than right-of-way. 3. No mobile food unit exceeding 24 feet in length may park diagonally in a diagonal parking space or park in any manner that occupies more than one diagonal parking space. 4. No mobile food unit shall operate with the serving window facing street traffic. 5. A mobile food unit shall abide by all parking regulations, including posted time limits. If there are no other time restrictions on the use of a legal parking space, a mobile food unit shall not occupy a legal parking space for more than six hours in a 24-hour period. "Occupy" within this subparagraph means within 100 feet of the location in which the mobile food unit was initially parked. 6. A mobile food unit shall not occupy a legal parking space with insufficient parking capacity as prescribed by the land development code and applicable law. The behavior prohibited by this subparagraph includes occupying a legal parking space that reduces the number of available parking spaces surrounding the area which is required for the principal use or uses of the property associated with the parking spaces as set forth in A.R.S. Title 9,Chapter 4,Article 7.2. 7. A mobile food vendor shall not claim or attempt to establish any exclusive right to park at a particular street location, unless the parking space is part of a permitted event. H. Signs. A mobile food vendor shall comply with all land development code provisions regarding signs.