HomeMy WebLinkAboutOrdinance 2022.018 Revising Marana Town Code Title 9 (Business Regulations) Shaved Ice GAS:i,IELLA CAZARES-KELLY, RECORDER 111 1 111 1111 11 11 11 11 11 111 11
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MARANA ORDINANCE NO. 2022.018
RELATING TO BUSINESS REGULATIONS; REVISING MARANA TOWN CODE
TITLE 9 (BUSINESS REGULATIONS); REVISING SECTION 9-13-7 (OPERATIONAL
REQUIREMENTS) TO AUTHORIZE MOBILE FOOD VENDORS SELLING SHAVED
ICE TO OPERATE ON PUBLIC RIGHTS-OF-WAY IN AREAS ZONED FOR
RESIDENTIAL USE; AND DESIGNATING AN EFFECTIVE DATE
WHEREAS the Town Council is authorized by A.R.S. § 9-240 to authorize the
issuance of licenses and to direct the manner of issuing licenses; and
WHEREAS, on June 4, 2019, the Town Council adopted Ordinance No. 2019.012
which, among other items, added new Chapter 9-13 (Mobile Food Vendors) to the
Marana Town Code; and
WHEREAS Marana Town Code Section 9-13-7 provides that in most cases,mobile
food vendors may not operate in an area zoned for residential use, but provides an
exception for vendors selling ice cream on public rights-of-way; and
WHEREAS the Mayor and Council of the Town of Marana find that revising
Marana Town Code Section 9-13-7 as set forth in this ordinance is in the best interests of
the Town and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, as follows:
SECTION 1. Marana Town Code Title 9 (Business Regulations), chapter 9-13
(Mobile Food Vendors), section 9-13-7 (Operational requirements) is hereby amended as
follows (with additions shown with double underlining):
9-13-7 Operational requirements
[No revisions to paragraphs A through E]
F. Location.
[No revisions to subparagraph 1]
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:
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a. A mobile food vendor selling only ice cream or shaved ice may operate
onublic rights-of-way p g y 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.
[No revisions to subparagraphs 3 and 4]
[No revisions to paragraphs G and H]
SECTION 2. The various town officers and employees are authorized and directed
to perform all acts necessary or desirable to give effect to this ordinance.
SECTION 3. All ordinances, resolutions, or motions and parts of ordinances,
resolutions, or motions of the Council in conflict with the provisions of this ordinance are
hereby repealed, effective as of the effective date of this ordinance.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, the decision shall not affect the validity of the remaining
portions of this ordinance.
SECTION 5. This ordinance shall be effective the 31st day after its adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
Arizona, this 18th day of October, 2022.
1.0" (
Mayor Ed Honea
ATTEST: APPROV D AS TO FORM:
David L. Udall, Town Clerk J• airall, Town Attorney
.44666a.
MARANA AZ
ESTABLISHED 1977
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