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HomeMy WebLinkAboutORD51ORDINANCE No.51 AN ORDINANCE OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, PROVIDING FOR THE GOVERNING OF OPERATIONS OF SWAP MEETS: AMENDING CHAPTER 8 AND ADDING ARTICLE 8-6; AND 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 That Chapter 8 of the Apache Junction City Code be amended to read as follows: ARTICLE 8-6 Swap Meet Operations Section 8-6-1 Definitions In this Article, unless the context otherwise requires, the following definitions shall apply: 1.Advertisement means the attempt by publication, dissemination, solicitation or circulation, oral or written, to induce directly or indirectly any person to enter into any obligation or acquire any title or interest in any merchandise or engage in any sale at a swap meet. 2.Business Occupational License Tax means those sums payable to the City by the Swap Meet Proprietor, pursuant to Article 8-5 of the City Code. 3.Clerk means the City Clerk or Deputy City Clerk of the City of Apache Junction. 4.Department of Public Safety means the department within the City responsible for the protection of life and property and for the enforcement of the Laws of the State of Arizona and the City of Apache Junction. 5.Merchandise means any new or used object, wares, goods, commodities, personalty and intangibles, real estate, amusements, food concessions or services. 6.Person means any natural person or his legal representative, partnership, domestic or foreign corporation any company trust, business entity or association, any agent, employee, salesperson, partner, officer, director, member, stockholder, associate or trustee. 7.Premises means any building, structure, lot or other area at which a swap meet sale is conducted. 8.Proprietor's License means a current and valid license issued by the City of Apache Junction to the Swap Meet Proprietor authorizing the use of the premises owned or controlled by the Proprietor, as specified on the Proprietor's License, for the purpose of conducting a swap meet. 9.Sale means any sale, offer for sale or attempt to sell any merchandise, including any exchange, offer for exchange or attempt to exchange or barter any merchandise at a swap meet. 10.Swap Meet means a place of commercial activity, popularly known as a swap meet, flea market, park -and -swap, open to the general public for the purchase of merchandise on the premises, which place is available to the general public who wish to sell or barter merchandise on the premises, whether such sellers or vendors are in the business of vending or are making casual sales or some combination thereof and which place is normally composed of stalls, stands or spaces allotted to vendors at least one of whom does not occupy the same allotted space or spaces on an uninterrupted continuous daily basis. 11.Swap Meet Proprietor means any person who rents, sells, donates, or otherwise makes available to swap meet vendors any space within premises owned or controlled by the proprietor for the purpose of a swap meet sale. 12.Swap Meet Vendor means any person upon the premises for the purpose of causing the advertisement of or making a sale at a swap meet. 13.Transaction Privilege Tax means those_sums payable to the City by the Swap Meet Vendor pursuant to Article 8-3 of the City Code. 14.Vendor Registration Report means a monthly report from the proprietor to the City of Apache Junction. 15.Vendor Registration Log.means a well -bound volume kept by the proprietor to identify vendors. 16.Vendor Sales Receipt means a receipt, in a form approved by the City, to be issued by each vendor to each person to whom a sale is made by the vendor for each article of merchandise sold for twenty-five dollars ($25.00) or more. 17.Park and Swap Operations means any activities referred to in Section 8-6-1 (10). Section 8-6-2 Unlawful Practices of Swap Meet Proprietor It shall be unlawful for a Swap Meet Proprietor to fail to comply with the requirements of this Article, and in particular: -2- 1.To permit a Swap Meet upon premises owned or controlled by the Swap Meet Proprietor without being in possession of a Proprietor's License. 2.To permit any person to engage in the sale of merchandise upon parking or other areas owned or controlled by the Swap Meet Proprietor whenever such areas or'sites are not specified on the Proprietor's License. 3.To fail to control the entrance to and exit of all Swap Meet Vendors and merchandise from the premises by the physical presence and personal supervision on the premises of the Swap Meet Proprietor or his designated agents during the hours of operation of the Swap Meet. 4.To fail to pay the City of Apache Junction the Business License Tax when due, pursuant to Article 8-5 of the City Code. 5.To fail to file with the City of Apache Junction a monthly Vendor Registration Report when due. 6.To fail to keep an accurate Vendor Registration Log. 7.To fail to collect the copy of each vendor sales receipt from each Swap Meet Vendor at the close of each business day. 8.To fail to preserve all documents required by this Article, including Vendor Registration Logs and Vendor Sales Receipts, for three (3) years, and to make available said documents to inspection by the City Clerk, his Deputy, or the Department of Public Safety. 9.To fail to make all daily document entries required by this Article, including Vendor Registration Logs and Vendor Sales Receipts, or to fail to make such entries open to inspection by the Clerk of Department of Public Safety. 10.To fail to file with the Clerk by 12:00 noon on the next regular City business day the Vendor Registration Report and Vendor Sales Receipts from the previous business day. 11.To fail to maintain the swap meet premises in a clean and unuttered condition free and clear of all abandoned merchandise, rubbish and debris. 12.To fail to post on the premises, in a conspicuous place so as to be clearly seen by the public and the Clerk, or the Department of Public Safety, a Proprietor's License. -3- Section 8-6-3 Unlawful Practices of Swap Meet Vendor It shall be unlawful for a Swap Meet Vendor to fail to comply with the requirements of this Article, and in particular: 1.To fail to give to each person, to whom a sale is made by the Swap Meet Vendor, a Vendor Sales Receipt for each article of merchandise sold for twenty-five dollars ($25.00) or more. 2.To fail to fully and accurately record on Vendor Sales Receipts the complete descriptive information set forth in this Article. 3.To fail to give one copy of each Vendor Sales Receipt to the Swap Meet Proprietor upon close of each business day. 4.To fail to post, at the Swap Meet Vendor's assigned sales location on the premises in a conspicuous place so as to be clearly seen by the public, the City Clerk, and the Department of Public Safety any current valid license issued by the City to the Swap Meet Vendor pursuant to Article 8-3 Transaction Privilege License Tax of the City Code. 5.To engage in sales at locations other than the vendors sales location assigned that day by the proprietor. Section 8-6-4 Regulations For the purpose of this Article: 1.Nothing in this Article shall exempt a sale made at a Swap Meet from taxes payable pursuant to Article 8-3 Transaction Privilege License Tax of the City Code. 2.The Vendor Registration report shall be in writing in a form approved by the City Clerk containing the information recorded in the Vendors Registration Log. 3.The Vendor Registration Log shall contain for each Swap Meet Vendor a separate and distinct daily entry of the name, address, vehicle license numbers, Transaction Privilege Tax License Numbers, Drivers license number and other descriptive information in a form approved by the City of Apache Junction, of any Swap Meet Vendor entering the premises of the Swap Meet Proprietor for the purpose of a Swap Meet. -4- 4.The Vendor Sales Receipt shall include:a description of the sale merchandise including serial numbers if any, the dollar amount of the sale of merchandise in a cash transaction, the barter value of the merchandise of an exchange transaction, and the vendor's name, address, vehicle license number, and drivers license number.The vendor sales receipt original copy must be given to the purchaser, with a copy of the receipt surrendered to the Swap Meet Proprietor by the Swap Meet Vendor upon the close of each business day. Section 8-6-5 Administration 1.The City Clerk, or Deputy, shall issue a Proprietor's License only when the requirements of Article 8-5, Business Occupational License Tax have been adhered to. 2.All the requirements of Article 8-3,Transaction Privilege License Tax and Article 8-5,Business Occupational License Tax,shall be adhered to during Swap Meet operations. 3.The Clerk shall suspend a Proprietor's License upon the proprietor's conviction of any violation of this Article, or upon the Clerk's determination that the proprietor's Swap Meet activities are causing: a.Traffic congestion on the abutting public streets; b.The accumulation of debris or litter upon the premises; or c.Loud noises, nuisances, or disturbances whereby the quiet and good order of the premises or of the neighborhood is disturbed. 4.The Clerk may refuse to issue a Proprietor's License for good cause stated. 5.The Clerk shall revoke a Proprietor's License upon the Swap Meet Proprietor's conviction of any violation of this Article within three (3) years of any prior conviction of a proprietor under this Article. 6.Before suspending or revoking a Proprietor's License, the Clerk shall give the Swap Meet Proprietor prior notice, by certified mail addressed to the Swap Meet Proprietor at the address of the licensed premises or by personal service, that a hearing to suspend or revoke the license will be held by the City Clerk at a specified place, and at a time not sooner than five (5) days from the date of such notice.The notice shall clearly and concisely state the grounds and reasons relied upon for revocation or suspension.The Clerk shall hold the hearing at the time and place specified, unless adjourned by -5- consent of all parties, and the licenses shall be allowed to appear in person and by counsel, offer proof, and evidence.A record shall be kept of all the proceedings at such hearing, and a transcript of all evidence offered shall be made and filed.No Proprietor's License shall be suspended or revoked except when grounds therefore as provided in this section are satisfactorily established by the proofs offered as shown by the record of proceedings and transcript of the hearing.The decision of the Clerk suspending or revoking any license shall be final. 7.The Clerk may suspend or revoke a Proprietor's License upon evidence that a Swap Meet Vendor is allowed to participate in a swap meet following three (3) or more convictions of violations of this Article within any three (3) year period, unless the Proprietor forbids the offending Vendor from continued participation at the swap meet.Prior to suspending or revoking a Proprietor's License pursuant to this Subsection, the Clerk shall notify the Proprietor that a Swap Meet Vendor operating upon the premises owned or controlled by the Proprietor for the purpose of a swap meet sale has three (3) or more convictions of violations of this Article within any three (3) year period. SECTION II Penalties Any person found guilty of violating any provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not to exceed three hundred dollars ($300.00) or by imprisonment for a period not to exceed three months, or both such fine and imprisonment.Each day that a violation continues shall be a separate offense punishable as herein above described. SECTION III Repealer All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference, are hereby repealed. SECTION IV 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 unconstitutional for any reason by a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining provisions of the Ordinance. -6- PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS 2nd DAY OF July 19 80 • mayo ATTEST: CITY CLERK APPROVED AS TO FORM: City Attorney