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HomeMy WebLinkAboutResolution 93-002 declaring business regulations a public recordRESOLUTION NO. 93-02 A RESOLUTION OF THE MAYOR AND COUNCIL OF TH~ TOWN OF MAi~ANA, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "BUSINESS REGULATIONS" BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona: THAT certain document entitled "BUSINESS RKGULATIONS," three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record, and said copies are or- dered to remain on file with the Town Clerk. ~ ~THAT this Resolution shall become operative and in force of April l, 1993. as PASSED AND ADOPTED by the Mayor and Council of the Town of Mararia, Arizona, this 2nd day of Pebruary, 1993. I RESOLUTION NO. 93-02 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "BUSINESS REGULATIONS" BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona: THAT certain document entitled "BUSINESS REGULATIONS," three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record, and said copies are or- dered to remain on file with the Town Clerk. "THAT this Resolution shall become operative and in force as of April 1, 1993. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2nd day of February, 1993. MAYOR ~t MP y~ `~I' ~~~:. i t.t._ . ~ ~ S `}~' j ~. r • ~ =1! T •~pt y ' ~,'a ARTICLE Se~ioa 1. BIISINESS LICENSE Licaensed Required A. It is unlawful for any person, whether as principal or agent, either for himself or for another person, or for any corporation, or as a member of any firm or parmershi~, to commea~, practice, tzansact or carry on any trade, calling, profession, occupation or business. within the town limits without.first having procured a license from the town to do so and without complying with all regulations of such trade, calling, profession, occupation or business as s~ified or required by the United States Government or the State of Arizona and its political subdivisions. No license shall be issued without proof by the applicant of such compliance and vesitication by the town clerk that no violation of the town's. zoning or sales tat regulations will occur by such issuance. B. The practicing or carrying on of any trade, calling, profession, occupation or business by any person, corporation or partnership without first having procured a license from the town to do so, or without complying with any and all regulations of such trade, calling, profession, occupation or business, as required by ether law or by this Article shalt constitute a separate violation of this Article for each and every day .that such trade, calling, profession, occupation or business is practiced, carried on or conducted within the town. C. The only exceptions to the licensing requirements of this Section shall be: BLt~7NF,SS REGIII,ATIONS 1. Non-profit educational institutions, fraternal and service clubs, bona fide religious organizations, and agencies of any federal, state or local governments. '. Non-profit private clubs where a basic membership fee covers the cost of the use of the facilities. 3. Fund raising projects of non-prom and bona fide religious organizations, not conducted on a regular basis. 4` 4. Community organizations/events upon approval of the town ~~ ' . /~ S. Businesses and trades which are exempt from licensing and tat regulations under federal and state statutes. Section 2. Application and Issuance A. It shall be the duty of the town ~ clerk upon receipt of a properly completed application for a business lice-nse and verincation of the data contained thereon, to prepare and issue a license under this Article for every person, corporation or partnership required to pay i a license fee hereunder and to state in each license the amount charged for the same, the period of time cove.-ed, and the trade, calling, profession, occupation or business licansed, and the Pagel ~~ Jam.. ~9 °'µ~ .1 c~ ~. ~ 4 ','~,. 'P* ~~ :`a.. .?' B~~J~711~i'+7-7 ~~i3OltJ location or place of business where the f=ade, calling, profession, occupation or business is to be ramtd on, transacted or practiced. B. In no case, shall any mistake made by the town clerk in issuing any license or collecting the amount of ter for any lic.-nse or the amount actually due from any person required to pay for a Iic~se as provided herein, prevent, prejuaice or stop the town from collecting the cosecs amount of fer or charge for any license or the amount actually due from any person required to pay for a license as provided herein, or revolQng any license erroneously issued and refunding the fer collected. C. No greater or lesser amount of money shall be charged or received by the town desk for any license than is provided for in this Article, and no license shall be issued for any period of time other than as provided herein. D. All charges for a license required by this Article shall be paid in advance and in lawful money of the United States of America at the office of the town desk. Section 3. Term of Licenses The renewal charge for all licenses provided herein shall became due and payable on the anniversary date of the issuance of the License and every anniversary date thereafter, exc.,-pt that any new licease charge shall become due and payable and be paid on or before the day of commencing to carry on, transact, or practice the trade, calling, profession, occupation or business for which a license is required by this Article. Section 4. Number of Licenses A. A separate charge for a license shall be paid for each branch establishment or separate place of business in which any person, corporation or partnership shall carry on, transact or practice a trade, calling, profession, occupation or business. B. When more than one trade, calling, profession, occupation or business is .carried on, transacted or practiced by the same person, corporation or partnership at one fined place of business, only ore license shall be required and the charge for such license shall be the charge applicable to any of the activities, and all activities shall be listed on the license. issued. C. When more than one trade, calling, profession, occupation or business shall. be carried on, transacted or practiced by the same person, corporation or partnership without any fined place of business, a separate license shall be required and a separate appropriate charge be paid for each activity for winch a license is required by this Article. Section 5. License to be Exhibited A. Fach person, corporation or partnership having a license and having a fixed place Page 2 ~ 1~ s. ~~ 1. 1 .. ~ ~. i ~ r *. c .: _ «-,, • ~ t • ' BZTSINE.S V REG~I,ATIONS of b11~nK~ shall YGp said license, while in forte, at some conspicuous place or location within the plate of business. - B. Facia person, corporation or partnership having a license and having no fined plate of business shall carry such license with him or her at all times, while engaged in any activity for which the license was issued, enc.'Pt that a person acting for any such corporation, firm or company and not being the only person acting for such corporation, firm or company may carry with him or her a copy of the license which has been issued by the town clerk and plainly marked or stamped "Duplicate". _ C. Each person, corporation or partnership having a license shalt praiu~ and ezhi'oit the same whenever requested to do so by the town clerk, any police officPS or any agent of the town. Section 6. Inspector of Licenses A. The town clerk. shall be inspector of licenses, and all police officers of the town shall be assistant inspectors of licenses and, in addition to their several duties, are hereby required to set that all required licenses are obtained. The town clerk shall maintain a recard for each license issued and recard the reports of violations therein. B. Each assistant inspector of licenses, immediately upon the facts coming to his or her knowledge, shall report to the town clerk the name of any person, corporation or parnrersiup carrying on, transacting or practicing any trade, calling, profession or business within the town without first having obtained a license as required by this Article. Section 7. Duties and Powers of Inspectors A. The inspector of lac.,-uses and the assistant inspectors, each in the discharge and performance of his or her duties, shall have and exercise the following powers: 1. To order arrest through an officer of the Mauna Police Department for any violation of the provisions of this Article. 2. To enter, fret of charge and at any reasonable time, any plat. of business for which a license is required by this Article and to demand exhibition of the license for the current period of time from any person, .corporation or partnership engaged in carrying on, transacting or practicing any trade, calling, profession, occupation or business at such place of business and, if such person, corporation or parmership shall fail then and there to exhibit such license, such person, corporation or parmership shall be liable to the penalties provided for violation of this Article. B. When the charge for any lic.-nse required hereunde` shall remain unpaid for fifteen days from and after ,the due date, such charge shaIl be delinquent and the town clerk, on Page 3 Rc+rirod Imc 3. 1993 .~ .. ~t 6, n.~ ~`~' iT ~'~~.~, - v1 `• B~V V ii , YJV 1~i:JtJ V ~JCI~O~ {{~ _',~^ the day upon which said charge becomes delinquent, shall add thereto an amount equal to five dollars as a penalty and no receipt or lic~se shall be issued thereafter by the town clerk until the charge and penalty shall be paid in full. Section 8. Transfer of License No Iic: nse issued under the provisions of this Article shall be assigned or transferred to any other person, corporation or partnership without first obtaining permission from the town. Section 9. Prorating Proh~ited No license fee herein provided shall be prorated. Section 10. Business License Fees The fee for any license .issued under this Article shall be twenty five dollars per year. Section 11. Revocation of Business License Business licenses issued under this Article may be revoked by the town at any time, if deemed necessary in the interest of public safety and .protection. ~ Section 12. 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 of the following causes: 1. Fraud, misrepresentation or false statement contained in the application for license. 2. Fraud, misrepresentation or false statement made in the course of carrying on the business. 3: Any violation of taus 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. B. Notice of the denial, restriction, suspension or revocation must be ~vea to the applicant in writing. Said notice may be delivered to the applicant or may be mailed by registered or c.-rtified mail to the address listed on the business license application.. Notice shall be deemed delivered upon mailing, whether removed or not ~ Section 13. Hearing Page 4 ~ J~ a. iss3 ~~ ., ~r BIISINF~SS REGIILATIONS A. Any applicant whose license has been denied, restricted, suspeaded, or revoked may request a hearing to review the action taken. Applicant must request a hearing of the action within thirty ~0) days from the date notice was given, and if a hearing is not requested within such time, no hearing shall be granted and the action will become final and binding. Such request for teeming must be made in person, by delivering a written request for hearing to the town clerk. B. Within thirty (30) days from receipt of the request for hearing, the town clerk shalt deliver. a notice of hearing to the applicant. The notice shall be in writing, and shall set forth specifically the grounds for the denial, restriction, suspension or revocation, and the tune -and place of the hearing. Such notice shall be delivered in person or mailed by certified or registered mail to the Iiccanser at the address listed on the business Iic.-nse application at least ten days prior to the date set for the hearing. The mailing of such notice shall constitute proper notice to the licenser. Notice shall be deemed delivered upon mailing, whether re; rived or not. C. The hearing shall take place no later than ninety {90) days from the date of the denial, restriction, suspension or revocation. The hearing office shall be the Marana Town Manager or his or her appointer, and may follow any format set by the hearing officer. Upon conclusion of the hearing, the hearing offices shall either immediately give his or her ruling, or may take the matter under advisement, and issue his or her decision in writing within ten (10) days of the conclusion of the hearing. Ser~ion 14. Appeal A. Any person ag~ieved by the denial of an application for lit...-nse or by the restrictions placed upon the license or by the suspension or revocation of such license, and who is not satisfied with the decision of the hearing officer, shall have. the right to an appeal before the Marana Town Council. An appeal shall be taken by filing with the Town Clerk, within fifte-..n (15) days after the de~sion of the hearing officer, a written statem~t requesting an appeal, and setting forth fully the grounds for the appeal. If an appeal is not requested within such time limit, no appeal shall be granted, and the decision of the hearing office r will became final and binding. Such written statement of appeal must be delivered in person to the town clerk. - B. The Marana Town Council shall set a time and a plate for hearing of such apoeai, and notice of such hearing shall be given to the appellant in the same manner as provided for notice of a hearing on suspension or revocation. C. The decision and order of the Marana Town Council on appeal shall be final. Page 5 Rerisod Jmo 3, 1943 ~: ~,,~.t - =~'= ~: ,~:.: ,,,-., ._ ~• ;;. ~• BZniIlV~.SS REGULATIONS ARTICLE 2_ PEDDLERS. CANVASSERS. SOLICITORS AND TRANSIErtT IVIIItCHANTS Section 1. Definitions In this chapter, unless the content otherwise requires: A. "Canvasser or solicitor" means any person, corporate or inaividual, or .firm, whether resident of the town or not, who travels, or whose agents travel, either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to plate, from house to house, from street to stt~t or business to business, taking or attempting to tales orders for sale of goods, wares and merchandise, edible foodstuffs, personal property of any nature whatsoever for future delivery, or for services to be furnished or peziormed in the future, whether collecting advance payments on such sales or not; provided that. such definition shall include any person or firm who, for himself or itself, or for another person or firm, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the town for the sole purpose of ezhiaiting samples and taking orders for future delivery. B. "Peddler" means any person, individual or corporate, or firm, whether resident of the town or not, who travels, or whose agents travel, either by foot, wagon, automobile, or any other type of conveyance, from place to plate, from house to house, from street to street or business to business, carrying, conveying or transporting goods, wares, merchandise, edwle foodstuffs or provisions, offering and exposing the same for sale or malflng sales and delivezing articles to purchasers or who, without traveling from place to place, shall sell or offer the same from a wagon, automotive vehicle, railroad ear or other conveyance, and further provided, that persons or firms who solicit orders and as a separate transaction malor delivery to purchasers as apart of the scheme of design tQ evade the provisions herein contained shall be .deemed a peddler subject to the provisions herein contained. The word "peddler" shall include the words "hawker" and "huckster" . C. "Transient merchant" , "itinerant merchant" or "itinerant vendor" means any person, corporate or individual, or firm, whether owner or otherwise, whether a resident of the town or not, who engages, or whose agents engage, in a temporary business of selling and delivering Goods, wares, merchandise, edible foodstuffs or provisions, within the town, and who in fuithe.ance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, boat, public room in a hotel, lodging house, apartment, shop, or any street, alley or other place within the town for the exhibition and sale of such goods, wares, merc:~tand.ise and edible foodstuffs, either privately or at public auction. The person or firm so engaged shall not be relieved from complying with the provisions of this chapter merely by mason of associating ,temporarily with any local dealer, trader, merchant or auctioneer or by conducting such transient business in conne:Lion with, as apart of, or in the name of any such local dealer, trader, merchant or auctioneer. ~E ~e 6 Reviaod Jwe 3. 1993 `` : _ -.. ~~ ~~ ~. «;~. ~~- `~ ~ BLIS~Il~tESS REGiJLATION$ ~. . Section 2. License Required Subject to the provisions of Arizoaa Revised Statutes, Section 3-563, it is unlawful far any peddler, solicitor, canvassez, transient merchant or itinerant vendor, as the same are defined in this Article, to engage in such bi,~in~c within the corporate limits of the town without first obtaining a License therefor in compliance with the provisions of Article 1. Section 3. Registration Required Any person operating as a canvasser, solicitor, peddler, transient merchant, itinerant ' merchant or itinerant vendor shall register with the town cierk and obtain an identincation card. showing such registration. Section 4. Conducting Business Without Registration Cards Prohibited It is unlawful for any canvasser, solicitor, peddler, transient merchant, itinerant merchant or itinerant vendor to conduct or transact business without having registered with the town cierk and without Raving obtained a registration -card; without having such card in possession; or failing to exhibit such card upon request by any official of the town.. Fach violation of this Article shall constitute a separate violation of this Article for each and every day that such activity occurred within the town. Section ~. PeddIing, etc., on Posted Premises or Refusal to Leave Premises IIpon Request Proh~ited It is unlawful for any peddler, solicitor, canvasser or transient merchant, their agents or representatives, to come upon any premises whereon a sign bearing the words "no peddlers" or "no canvassers" or "no solicitors° or any combination of such terms or terms similar thereto is exposed to public view or to remain on any premises after having been requested to Leave by the owner or oc.^upant thereof whether such premises are posted as sperined above or not. Section 6. Application and Issuance A. Applicants for registration shall be required to furnish to the town clerk a complete description of the product to be sold in the town, together with information regarding sales methods to be used and references that will enable the town cierk to determine whether or not such applicant is aualined to receive a reg*stration card. Investigation under the provisions of this Article shall be completed within fifteen days after the applicant has given the required information. The town cierk may enlist the assistance of the chief of police or other town staff in the investigation required under this Article. B. Registration cards under this Article shall be given to all applicants who have ~ complied with Section 6(A), unless the town cierk discovers through any investigation, that the applicant, his or her agents, or representatives have been convicted of, or have pending charges page 7 ~.;.oa1~3. iss3 lr.. ~ ;Y~r - ;: i ,~ •_~,._ {; . ;s: - BLrSINF.SS REGiJLATIONS - ~.: for any felony or misdemeanor affecting their truth, honesty or veracity. In such cases the application shall be denied or revoked. Section 7, l~emption For Charitable, Religious, Patriotic or Phiianthrnpic Di'd3niZ3t10nS Any organization, society, as~t;on or corporation desiring to solicit or have solicited in its name money, donations of money or property or financal assistance of any kind or desiring to sell. or distribute any item of literature or merchandise to persons other than members of such organization upon the streets, in office or business buildings, by house-to-house canvass or in public places for charitable, religious, patriotic or philanthropic purpose exclusively shall be exempt from the provisions of this Article. Section 8. Enforcement of Article; Record of Licenses Issued and Violations It shall be the duty of any police officer of the town to enforce this Article. The chief of polite shall report to the town clerk all arrests for violation of this Article, and the town clerk shall maintain a record for each license issued and record the reports of violations therein. Section 9. T~raasfer of Registration ~. No registration card issued under the provisions of this Article shall be assigned or transferred to any othe< person, corporation or partnership without first obtaining permission from the town. Section 10. Revocation of Registration Cards Registration cards under this Article may be revoked by the town at any time, if deemed necessary in the interest of public safety and protection. Section ll. Denial; Restriction; Suspension; Revocation A. Registration issued under the provisions of this Article may be denied, restricted, suspended or revoked by the town clerk for any of the following causes: 1. Fraud, misrepresentation or false statement contained in the application for license. Z. Fraud, misrepresentation or false statement made in the course of carrying on the business. 3. Any violation of this Article. ~ - ~ Page 8 Rs~id Ime 3. 1993 ~' '+'Ily~L r ':'„'rSf.+ i ~:'.. ;.r%;t~ ne.T.T., •• -"+„~."2'~eq„ ... :':;.'S;t:.'..; ? ~.''.t~~jQ:ip+:.!.r S .:4: "~.~.~ :.. .,y ~, X, ~ . • '1~ • -A' - : BLfSINF~SS REGULATIONS . rr :. . ,, `~ sT ~i ~~ 4, Conducting business in an unlawful manner or in such a manner as to canstinite a breach of the peace or to canstitute a menace to the health; safety or general '~~. weifaze of the public. Sermon L'. Hearing and Appeal The applicant shall be entitled to a hearing and an appeal from the decision of that hearing. Such hearing and appeal shall be the same as those provided for_action taken on a business Iic~se, as set forth in Article 1, Section 13 and 14. Page 9 Raviaod Jom 3. 1993 ~;. ~~:,` :J.. ~::.^._ J ~ - ~ - ' H ~~ . B~~V ~~~Ol , V •' ARTICLE 3. SWAP MEEE"TS . Sedion 1. I}efinitions • A. "Swap meet operator" means any person or firm who operates or conducts a swap meet. B. "Swap meet" means a place of commercial activity, popularly known as a swap meet, flea market, park-and-swap, which is: ' 1. Open to the general public for the purchase of rmerchandise on the Premises; 2. Available to the general public who wish to sell merchandise on the premises, whether such sellers or vendors are in the business of vending or are malting casual sales or some cambination thereof; 3. Composed of stalls, stands or spaces allotted to vendors, at least one of whom does not oc.^upy the same allotted space or spas on an uninterrupted continuous aaily basis. Section 2. I:icense Requires3 A. It is unlawful for any swap meet operator, as defined in this Article, to engage in such business within the corporate limits of the town without first complying with the licensing requirements of Article L . B. All vendors conducting or transacting business within the confines of the swap meet shall be exempted from the licensing requirements of this Article and Article 1 and the registration requirements of Article 2, so long as the ope.~ator of the swap meet is licensed pursuant to Article 1 and Article 3. Section 3. ~eemptions from Article A. The terms of this Article do not include acts of persons selling personal property within the confines of such persons residential premises, so long as such activity does not exceed three consecutive days and is not performed more than four times a year. B. .Any vendor who conducts or transacts business az a swap meet and whose regular business activity subjects them to the licensing requirements set forth in Article 1 shall have a business license for their regular business activity, but shall be exempt from the licensing requirements of Article 3. Page LO Re+riaod J®e 3,1943