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HomeMy WebLinkAboutORD18ORDINANCE NO. 18 AN ORDINANCE OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA PROVIDING FOR A LICENSING OF ANY PERSON, FIRM, CORPORATION OR ASSOCIATION FOR CARRYING ON ANY TRADE, BUSINESS, GAME OR AMUSEMENT, CALLING, PROFESSION OR OC- CUPATION AND FIXING THE AMOUNT OF LICENSE TAXES PROVIDING FOR PAYMENT OF PUBLIC UTILITY TAXES; AMENDING CHAPTER 8 AND ADDING ARTICLE 8-5; PROVIDING FOR PENALTY CLAUSE AND SEVERABILITY CLAUSE. BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That Chapter 8 of the Apache Junction City Code be amended to read as follows: Article 8-5 BUSINESS OCCUPATIONAL LICENSE TAX Section 8-5-1 Definitions As Used in This Ordinance Accountant means any person acting as a certified public accountant or bookkeeper, or performing bookeeping services, and include persons per- forming income tax services or holding themselves out as income tax experts. Carnival Company means a collection of shows, exhibitions, feats of strength, merchandise booths, games of skill, fortunetelling, games of chance, wheels of fortune or any other amusement device presented or offered upon the streets or vacant property within the City, other than circuses, animal shows or side shows with circuses. Fuel Dealer means any person of any kind who shall sell or offer for sale fuel that has been bought with the intention of reselling to industries, institutions, firms or individuals.Any person of any kind who shall purchase fuel in carload lots and resell or distribute it to employees, friends, rela- tives or others shall be construed to be a fuel dealer. Contractor - A person who, for either a fixed sum, price, fee, per- centage, bonus or other compensation other than actual wages, undertakes to or offers to undertake to, or purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaf- folding or other structures or works in connection therewith.The term "con- tractor" includes subcontractors, specialty contractors, developers and specula- tive builders. Laundries includes places where washing or ironing, or both, are done as a business either by means of steam, machinery or other notice power. Finance and loan companies and loan brokers means industrial loan companies and other persons, companies or corporations loaning money or wages, salaries, personal property, endorsements or personal security at a legal rate of interest, where such loan is to be repaid in installments. Stock and bond dealer means every person conducting, managing or carrying on the business of buying, selling or otherwise dealing in stocks and bonds, whether acting in person or representing others in the purchase, sale, negotiation or exchange of any stocks or bonds, whether upon commission, percentage or salary. Street ballyhoos or advertising means advertising by means of any vehicle containing amplifiers, phonographs, loudspeaker, music rolls, microphones, broadcasting, radio, public address system or music of any description, operating upon the public streets or public grounds of the City. Street faker includes person engaged in selling from stands or vehicles on the streets, alleys, doorways or any grounds in the City any kind of articles whatsoever, or conducting entertainment, ring or knife games and the like. Taxicab includes motor vehicles engaged in carrying passengers for hire over and upon the public streets of the City, except for such vehicles as the City may not lawfully license or regulate. Travel or tourist bureau or agent means a person who for compensa- tion, sells or offers for sale or negotiates for or holds himself out as one who sells, provides or furnishes transportation as principal or agent. Swap Meet means a place of commercial activity, popularly known as a swap meet, flea market, park -and -swap, which is: Open to the general public for the purchase of merchandise on the premises; Available to the general public who wish to sell merchandise on the premises, whether such sellers are vendors are in the business of vending or are making casual sales or some combination thereof; Composed of stalls, stands or spaces allotted to vendors, at least one of who does not occupy the same allotted space or spaces on an uninterrupted continuous daily basis. SECTION 8-5-2 License Required It shall be unlawful for any person, partnership, association, company, or corporation to commence, transact or carry on any trade, business, game or amusement, calling profession or occupation, as set out in ths Ordinance, without first having procured a license from the City to do so, or without complying with any and all regulations or such trade, business, game or amusement, calling, profession or occupation designated in this Ordinance. The practicing, transaction or carrying of any trade,,business, game or amusement, calling, profession or occupation specified in this Ordinance without complying with any and all regulations of such trades, businesses, games or amusements, callings, professions or occupations, contained in this Ordinance shall constitue a separate violation of this - 2 - Ordinance for each and every day that such trade, business, game or amusement, calling, profession or occupation is practiced, transacted or carried on. The granting of a license is not deemed as evidence or proof that the license has complie&.with the provisions of this Ordinance or other provisions of the Apache Junction City Code, nor shall it estop — the prosecution by the City for any violation of Apache Junction City Code. Section 8-5-3 Issuance of License by City Clerk; Contents It shall be the duty of the City Clerk, or deputy, to prepare and issue a license under this Ordinance for every person required to pay a license tax hereunder, and to state in each license the amount thereof, the period of time covered thereby, the name of the person for whom issued, the trade, business, game or amusement, calling, profession or occupation licensed, and the location and place of business where such trade, business, game or amusement, calling, profession or occupation is to be practiced, transacted or carried on. It shall be the duty of the City Clerk, or deputy, before issuing a license under this Ordinance to require from every applicant a sworn application, on a form to be furnished by the City Clerk, which shall give the following information:business trade name, location of business, business mailing address, business owner, home street address, home telephone number, business telephone number, exact nature of business, number of employees, date business began in Apache Junction, signature of applicant certifying his statements are true and correct and title of applicant. If the business is to be located within the City limits of Apache Junction,a Zoning Compliance Certificate must be obtained from the Zoning Administrator of the City of Apache Junction before a license can be issued. Upon verification by the Zoning Administrator that the business is in the approved zone, the City Clerk may issue a license to the applicant before the formal Zoning Compliance Certificate is approved by the Zoning Administrator and Fire Inspector, and that the determination from the Zoning Administrator and Fire Inspector concerning the Zoning Compliance Certificate be forthcoming in a period not to exceed five business days. Section 8-5-4 Schedule The license tax set out in the following schedule is hereby established for trade businesses, games or amusements, callings, professions, or occupations listed therein and shall be paid by all persons who shall practice, transact, carry on or engage in such trades, businesses, games or amusements, callings, profession or occupation.Unless otherwise designated, the license tax set out herein shall be collected quarterly during the months of January, April, July and October unless otherwise specified.The schedule shall be as follows: Accountants (including bookkeepers) Advertising Agency Advertising solicitor,other than newspaper advertising $15.00 15.00 15.00 Agents not otherwise taxed, each 15.00 Air transportation bureau or travelers 15.00 aid bureau Alcoholic beverages, dealers in: Distiller's license Brewer's license Winer's license Hotel -motel license to sell all spirituous liquors (by individual portions and in the original containers) 75.00 75.00 75.00 150.00 Hotel -motel license to sell beer and wine 50.00 (by individual portions and in the original containers) Hotel -motel license to sell beer (by 37.50 individual portions and in the original containers) On -sale retailer's, license to sellall spirituous liquors by individual portions. and in the original containers On -sale retailer's license to sell beer and wine by individual' portions, and in the original 'containers 100.00 50.00 On -sale retailer's license to sell beer by 37.50 individual portions and in the original containers Off -sale license to sell all spirituous liquors 37.50 Off -sale retailer's license to sell beer and wine 37.50 Off -sale retailer's license to sell beer •25.00 Club license to sell all spirituous liquors 25.00 Hotel -motel retailer's license to sell all 150.00 spirituous liquors 16.Restaurant -retailer's license to sell 150.00 all spirituous liquors Architects and Engineers Assayers Attorney -at -law,each individual, except attorney retained, elected or employed in or to full-time positions with or by the State of Arizona, Pinal County, or any municipality or subdivision of the state or county govern- ment, or the United States government or any agency thereof, who does not engage in the practice of law in any other manner or for any other client.... 15.00 15.00 15.00 Auctioneers 15.00 Automobile Washing 15.00 Auto Wrecking 15.00 Banks - See financial institutions Barbershops and Beauty Parlors:15.00 Bath, public Includes electric steam, dry heat, Turkish, Swedish, Russian, massage parlors, bathhouses, therapy centers, electric, magnetic or sun treatment or alcohol rubs or any other bath with treatments or with sleeping accommodations (must comply with local ordinances). a)The application for a massage establishment license (one time charge at time of application). 500.00 b)The application for attendant (one time 50.00 charge at time of application) c)Fee, quarterly 100.00 d)Each attendant, quarterly 25.00 Beauty operators or hair -dressers with no fixed place of business 15.00 Blacksmith, welding and repair 15.00 Brokers 15.00 Burglar Alarms,installing and servicing 15.00 Cabinetmaker, woodworker, carpentar shop 15.00 Carpet installation 15.00 Catering 15.00 Chiropractors 15.00 Circuses/Carnivals - per day 200.00 • (must have approval of Director of Public Safety, require certificate of insurance as additionally insured City ofAApache Junction official; elected officials, employees and citizens) No carnival or circus may avoid payment of license fees if advertising as being present under the auspices of local organizations or societies without having met the requirements.Any waiver of license fees granted pursuant to this Ordinance„ shall not be construed to include exemption from a certi- ficate of insurance and any other requirements deemed necessary to protect the health, safety and general welfare of the public. City delivery •15.00 Businesses making deliveries from outside city unless other wise mentioned. Cleaners See Dry Cleaners Collection agency Contractors (must comply with A.R.S. regarding licensing of contractors) 15.00 15.00 Court and convention reporter each individual 15.00 except court reporters retained or employed in or appointed to positions, either full or part time, with the State of Arizona, Pinal County, or any municipality or subdivision of the state or county government, of the United States government or any agency thereof, who does not engage in the practice of court or convention reporting in any other manner or for any other client.... Dealer,not otherwise mentioned Deliveries See City Deliveries Designer Illustrator Detective, patrol or guard service agency 15.00 15.00 15.00 Doctors of medicine,see Medical Professionals Dry Cleaners, cleaning, pressing and -.dyeing 15.00 Substations or separate establishments, for the purpose of picking up or delivering the finished product, each separate establishment or substation not in connection with other licensed business .......15.00 Elect_roplating 15.00•• Employment agency 15.00 Engravers, photo. or others 15.00 Financial institutions (to include banks) Fortunetellers and Palmists Garages, repair Gasoline, oil, petroleum products (wholesale) 15.00 300;00 15.00 15.00 Geologists 15.00 Guard service a&encies.See: Detective, Patrol or Guard Service Agency Gunsmith, Locksmith, Keyshop, Knife and 15.00 Scissors sharpening, Saw filing hospitals, Rest. Homes, clinics and Sanitoriums 15.00 House number painting 15.00 Interior decorator,each individual 15.00 Junk dealer.(upon compliance with Article 8-2)15.00 Keyshop.See Gunsmith Knife and scissor sharpening See Gunsmith Laboratory,not connected with doctor's office 15.00 Lapidary 15.00 Laundries,self-service or professional 15.00 Livery stable 15.00 Loan brokers.see Financial Institutions Locksmith.See Gunsmith Machine and repair shop,other than those 15.00 listed Manufacturing, Manufacturers Marriage and family counseling Medical Professionals-each licensed vofessional 15.00 15.00 15.00 Morticians, Undertakers, Embalmers or Crematory 15.00 Naturopaths 15.00 0 Oil, wholesale.See Gasoline, Oil, Petroleum Products, Wholesale. Paint shop Palmists.See Fortunetellers Pathologists.See Madical Professionals. 15,00 Patrol agencies.See Detective, Patrol or Guard Service Agency. Pawnbrokers (upon compliance with Article 8-2) 15.00 Peddle z (upon compliance with Article 8-1)15.00 Petroleum products,wholesale See Gasoline, Oil, Petroleum Products, Wholesale. Photographer 15.00 Physical culture studio 15.00 Physical Therapist,each individual 15.00 (State and local license required) Piano tuning 15.00 Podiatrist 15.00 Race Track Enterprises .15.00 Real Estate,rentals and loan brokers or loan agents (mortgages)15.00 Reducing systems 15.00 Reflexologist 15.00 Repairs 15.00 Rug cleaning,(not in connection with laundry)15.00 Schools.private and vocational 15.00 Services 15.00 Sheet metal shop 15.00 Social introduction, escort and dating 300.00 service (must be approved by Director of Public Safety) Solicitors, canvassers, demonstrators and salesmen,each (Upon compliance with Article 8-1)(Bond required if taking money in advance for future delivery) Stable.See Livery Stable 15.00 Surgeons.See Medical Professionals Swap meet proprietor APPLICATION.A proprietor license may be issued by the City upon the prior approval of the application by the City Clerk of the proprietor on forms supplied by the City for such a proprietor license and upon the prior payment by the proprietor to the City of a one-time non-refundable fifty dollar application fee.Quarterly fee 200.00 Taxicabs 15.00 Taxidermist 15.00 Transient merchant (upon compliance with Article 8-2)15.00 Tree Surgery 15.00 Undertakers.See Morticians Upholstering,auto and furniture V 15.00 Warehouseor freight terminal 15.00 Weight Control Establishments.See Reducing Systems Section 8-5-5 Compliance with Ordinance No greater or less amount of license tax shall be charged or received for any license issued hereunder than is provided for in this Ordinance, and no license shall be issued for any period of time other than as provided in this Ordinance. Section 8-5-6 Exemptions No license levied by the City upon the practice, transaction or carrying on of any trade, business, game or amusement, calling, profession or occupation licensed by the City shall be presumed to apply to any part of such practice, transaction or carrying on of any trade, business, game or amusement, calling, profession or occupation which is a part of interstate commerce; or in which such practice, transaction or carrying on of any trade, business, game or amusement, calling, profession or occupation is conducted as an agency or department of the United State Government for which such government has failed to make provisions allowing states and municpalities to so tax. Section 8-5-7 Exemptions for Religious, Social and'Non- Profit Organizations Any religious, social or fraternal and non-profit organization shall be required to execute and file an Exemption Certificate with the City Clerk for a waiver of all requirements of this Ordinance. Section 8-5-8 Mistake not to Prevent Collection of Correct Amount In no case shall any mistake made by the City Clerk, or deputy, in stating, fixing, or collecting the amount of any license tax prevent, prejudice or estop the City from collecting the correct amount due as provided by this Ordinance. Section 8-5-9 When Taxes Delinquent; Penalty When any license tax provided for herein shall become due and unpaid for twenty (20) days, the same shall become delinquent, and the-City Clerk shall, on that day, add thereto an amount equal to ten percent of the total amount of any tax unpaid and delinquent as a penalty, and no license shall be issued by said City Clerk until the license taxes that are delinquent and the penalties added thereto have been paid in full. Section 8-5-10 Civil Court Action In any action brought under or arising out of any of the provisions of this Ordinance the fact that the defendant, himself, herself, or itself, or any agents or employees, is engaged in any trade, business, game or amusement, calling, profession or occupation for the transaction of business for -which a license is required by this Ordinance or that such party exhibited a sign indicating • such trade, business, game or amusement, calling, profession or occupation shall be prima facie evidence of the liability of such party to pay a license tax. Section 8-5-11 Separate Licenses Requiral for Separate Places of Business A separate license must be obtained for each branch establishment or separate place of business in which any trade, business, game or amusement, calling, profession or occupation practiced, transacted or carried on, and practiced, transacted or carried on at the same place, and each license issued shall authorize the person obtaining it to practice, transact, carry on pursue or conduct only that trade, business, game or amusement, calling, profession or occupation described in such license, and only at the location or place of business therein described. Section 8-5-12 License to be Displayed: Exhibition upon Demand Every person having a license under the provisions of this Ordinance and carrying on a trade, business, game or amusement, calling, profession or occupation at a fixed place of business shall keep such license openly posted and exhibited while in force, in some conspicuous part of such place of business. Every person having such a license and not having a fixed place of business shall carry such license with him at all times while carrying on the trade, business, game or amusement, calling, profession or occupation for which the license was granted.Every person having a license under the provisions of this Ordinance shall produce and exhibit such license whenever requested to do so by any police officer or license inspector. Section 8-5-13 Notice of Termination of Business Required Every licensee shall notify the City Clerk, in writing, of the termination of his trade, business, game or amusement, calling, profession or occupation either before the termination date or within ten days thereafter. Section 8-5-14 When Certificate or Permit from Health Department Required Where any trade, business, game or amusement, calling, profession or occupation as set out in this Ordinance is subjected to a Certificate of Health or sanitary examination, before any license is issued, the applicant must produce such Certificate or Permit from the County Health Department, as provided for in ARS 36-136. Section 8-5-15 Appointment of License Inspectors; General Duties The City -Clerk may appoint license inspectors, and it shall be the duty of the license inspector to inspect all places of trade, business, game or amusement, calling, profession or • occupation subject to the provision of this Ordinance, and report all violations to the City Clerk. Section 8-5-16 Right of Entry of City Clerk, License Inspectors, Police; Arrest Authority The City Clerk or license inspectors or police officers shall have and exercise the power to enter free of charge, during normal business hours, any place of trade, business, game or amusement, calling, profession or occupation for which a license is required by this Ordinance, and to demand the exhibition of his license for the current term from any person engaged or employed in the transaction of such trade, business, game or amusement, calling, profession or occupation.Denial of right of entry by the licensee or his agents or employees shall be a misdemeanor. Section 8-5-17 City Clerk to File Complaints It shall be the duty of the City Clerk or City Attorney to cause complaints to be filed against all persons violating any of the provisions of this Ordinance. Section 8-5-18 Transferability, Assignability All licenses issued hereunder are nontransferable and non- assignable; however, the City Clerk may, upon receipt of a transfer fee of one dollar, authorize the transfer or assign- ment of any license to any other person by written endorsement thereon, when it appears to his satisfaction that the original applicant for such license has sold or otherwise disposed of his interest in the trade, business, game or amusement, calling, profession or occupation for which such license was issued and that the transferee or assignee thereof has complied with all other provisions of this Ordinance. Section 8-5-19 Applicability to Businesses, Occupations Located Outside City Every personwho shall conduct an established trade, business, game or amusement, calling, profession or occupation and who solicits or canvasses within the City, and delivers his products, or performs a service within the City shall pay a license tax. Section 8-5-20 Conviction, Punishment for Failing to Have A License not to Excuse Nonpayment of Tax The conviction and punishment of any person for transacting any trade, business, game or amusement, calling, profession or occupation without a license shall not excuse or exempt such person from the payment of any license tax due or unpaid at the time of such conviction. Section 8-5-21 Revocation Licenses issued under the provisions of this Ordinance may be revoked by the City Clerk after notice and hearing, for any of the following causes: A.Fraud, misrepresentation or false statement contained in the application for license. B.Any violation of this Ordinance. C.Conducting a trade, business, game or amusement calling, profession or occupation in violation of the Arizona Revised Statutes. Section 8-5-22 Notice of Hearing and Appeal Notice of the hearing for revocation of license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing.Such notice shall be mailed, postage prepaid, certified mail to the licensee at the address shown on application for license at least ten (10) days prior to the date set for hearing. Any person aggrieved by the denial of an application for license as provided herein or the decisions with reference to the revocation of a license shall have the right of appeal to the Council.Such appeal shall be taken by filing with the Council, within fourteen (14) days after notice of the action complained of had been mailed to such person's address shown on application for license, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided for notice of hearing on revo- cation.The decision and order of the Council in such appeal shall be final and conclusive, except any person aggrieved may pursue any proper judicial proceedings. SECTION 8-5-23 Public Utilities Tax Utility and/or public service companies, who do not have a franchise agreement with the City of Apache Junction, engaged in furnishing water for irrigation, fire protection or other public or private purposes, or in transmitting messages or furnishing public tele- graph or telephone service, shall pay, in addition to the quarter- ly business tax, a sum equal to two percent (2%) of the gross receipts of said utility or public service company from sales for residential and/or commercial purposes within the corporate limits of the City of Apache Junction.Such payments to be due and payable quarterly.Tax shall not apply to gross sales or gross income from sales to the United States Government, its departments or agencies which shall not be considered in the computation of tax. SECTION 8-5-23 Penalty Any person, firm company or corporation violating any of the pro- visions of this ordinance, shall be deemed guilty of a misdemeanor and, if no other punishment is provided herein, shall upon con- viction, be punished by a fine of not exceeding three hundred dollars ($300.00) or by imprisonment not exceeding nienty (90) days in the City or County jail or both such fine and imprisonment. When a act of omission to act is declared by this Ordinace to be unlawful and no penalty for the offense is prescribed by this Ordin- ance, the act or omission to act is punishable as a misdemeanor by a fine of not exceeding three (3) months, or by both such fine and imprisonment.Each day that a violation continues shall be a separate offense punishable as hereinabove described. SECTION II REPEALER All ordinances and parts of ordinances in conflict with the pro- visions of this ordinance or any part of the code adopted herein by reference, are hereby repealed. SECTION III SEVERABILITY It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance shall be severable, and if any provision of this Ordinance is held uncontitutional for any reason by a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining provisions of the Ordinance. - 14- PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS 2nd DAY OF JANUARY . 1980 PASSED AND ADOPTED BY 3/4 OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 19 ATTEST: —rfTY CLERK •