HomeMy WebLinkAboutORD133ORDINANCE NO.133
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE
JUNCTION CITY CODE BY AMENDING ARTICLE 8-1 PEDDLERS,
SECTION 8-1-3 ISSUANCE OF REGISTRATION CARDS;ARTICLE
8-5 BUSINESS OCCUPATIONAL LICENSE TAX,SECTION 8-5-2
LICENSE REQUIRED,SECTION 8-5-4 SCHEDULE,SECTION 8-5-11
SEPARATE LICENSE REQUIRED FOR SEPARATE PLACES OF BUSINESS
BY DELETING SAID SECTION 8-5-11,AND SECTION 8-5-18
TRANSFERABILITY,ASSIGNABILITY;ARTICLE 8-6 SWAP MEET
OPERATIONS,SECTION 8-6-2 UNLAWFUL PRACTICES OF SWAP MEET
PROPRIETOR AND SECTION 8-6-3 UNLAWFUL PRACTICES OF SWAP
MEET VENDOR;REPEALING ANY CONFLICTING PROVISIONS;AND
PROVIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,AS FOLLOWS:
SECTION I IN GENERAL
That Article 8-1 PEDDLERS,Section 8-1-3 Issuance of Registration
Cards,be amended to read as follows:
Section 8-1-3 Issuance of Registration Cards
Registration cards under this article shall be issued upon payment
of a $25.00 service charge and shall be valid for a five day period for all
applicants who have complied with Section 8-1-2,unless the chief of police
discovers that any such applicant is deemed not to be a proper person to be
permitted to go from house to house because of any of the following reasons:
(1)he has a criminal record,(2)he is associated with a company that
has engaged in fraudulent dealings,or (3)the proposed sales proposition
includes some element of trickery,fraud or deceit,in which case,in the
interest of public safety and protection,the applicant shall not be
registered.
Applicants procuring a Business Occupation License in accordance
with Article 8-5 of this Chapter shall be exempt from paying the $25.00
service charge and shall be required to update their registration cards on
an annual basis.
That Article 8-5 BUSINESS OCCUPATIONAL LICENSE TAX,Section 8-5-2
License Required,be amended to read as follows:
Section 8-5-2 License Required
I t 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 this
article,without first having procured a license from the city to do so,or
without complying with any and all regulations of such trade,business,game
or amusement,calling,profession or occupation designated in this article.
The practicing,transaction or carrying on of any trade,business,
game or amusement,calling,profession or occupation specified in this
article without complying with any and all regulations of such trades,
businesses,games or amusements,callings,professions or occupations,
contained in this article shall constitute a separate violation of this
article 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 licensee has complied with the provisions of this article or other
provisions of the Apache Junction City Code,nor shall i t estop the
prosecution by the city for any violation of Apache Junction City Code.
Ordinance No.133
Page One of Eight
A license shall be required for each business.For instance,
if a person,partnership,association,company,or corporation conducts
two separate businesses (ie.,a travel agency and a blacksmith shop),
then two licenses shall be required.This requirement shall be applicable
to situations where two or more businesses are being operated from the
same location.
Should questions as to form of business arise,interpretations of
this Section shall be based upon form indicia contained in the following:
Arizona Revised Statutes;Internal Revenue Code and Rules and Regulations
prescribed by the Internal Revenue Service.
That Article 8-5 Business Occupational License Tax,Section 8-5-4
Schedule,be amended to read as follows:
Section 8-5-4 Schedule
The license tax set out in the following schedule is hereby
established for trades,businesses,games or amusements,callings,
professions,or occupations listed therein and shall be paid by each
person,partnership,association,company or corporation who shall
practice,transact,carry on or engage in such trades,businesses,games
or amusements,callings,professions or occupations.The license tax set
out herein shall be based on a twelve month period,and shall be due and
payable on or before the last day of the month twelve months from the month
of issuance and shall be renewable each twelve-month period thereafter.In
the case of a new trade,business,game or amusement,calling,profession,
or occupation,the same such schedule shall apply.The schedule for the
first twelve months of operation shall be as follows:
ACCOUNTANTS (Including bookkeepers)45.00
ADVERTISING AGENCY 45.00
ADVERTISING SOLICITOR 45.00
AIR TRANSPORTATION BUREAU OF TRAVELERS AID BUREAU 45.00
ALCOHOLIC BEVERAGES,DEALERS IN:
Distiller's license (Series 1)225.00
Brewer's license (Series 2)225.00
Winer's license (Series 3)225.00
Hotel -motel license to sell all spirituous 450.00
liquors by individual portions and in the
original containers (Series 15)
Hotel -motel retailer's license to sell all
spiritous liquors
Hotel -motel license to sell beer and wine
by individual portions and in the original
containers
Hotel -motel license to sell beer by individual
portions and in the original containers
On -sale retailer's license to sell all
spiritous liquors by individual portions
and in the original containers (Series 4)
On -sale retailer's license to sell beer and
wine by individual portions and in the
original containers (Series 7)
On -sale retailer's license to sell beer by
individual portions and in the original
containers (Series 8)
450.00
150.00
112.50
300.00
150.00
112.50
Ordinance No.133
Page Two of Eight
Off -sale retailer's license to sell all
spiritous liquors (Series 9)
Off -sale retailer's license to sell beer
and wine (Series 10)
Off -sale retailer's license to sell beer
(Series 11)
Club license to sell all spiritous liquors
(Series 14)
Restaurant -retailer's license to sell all
spirituous liquors (Series 16)
112.50
112.50
75.00
75.00
450.00
ARCHITECT,ENGINEER 45.00
ASSAYER 45.00
ATTORNEY -AT -LAW 45.00
AUCTIONEER 45.00
AUTOMOBILE WASHING 45.00
AUTO -WRECKING 45.00
BANK 45.00
BARBERSHOP,BEAUTY PARLOR 45.00
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(in compliance with Article 8-4,Section
8-4-4 of this Chapter and other applicable ordinances)
Annual Fee 300.00
Each attendant (Annual Fee)75.00
BEAUTICIAN,HAIRDRESSER 45.00
BLACKSMITH,WELDING AND REPAIR 45.00
BROKER 45.00
BURGLAR ALARM (installation and service)45.00
BUSINESSES NOT OTHERWISE CLASSIFIED (each)45.00
CABINETMAKER,WOODWORKER,CARPENTER SHOP 45.00
CARPET INSTALLATION 45.00
CATERING 45.00
CIRCUS/CARNIVAL (per day)300.00
Must have approval of director of public safety,
require certificate of insurance naming as
additionally insured City of Apache Junction
officials,employees and citizens.No carnival
or circus may avoid payment of license fees i f
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 code,
Ordinance No.133
Page Three of Eight
shall not be construed to include exemption
from a certificate of insurance and any other
requirements deemed necessary to protect the
health, safety and general welfare of the
public.
COLLECTION AGENCY 45.00
CONTRACTOR (must comply with Arizona Revised Statutes 45.00
regarding licensing of contractors)
COURT AND CONVENTION REPORTER 45.00
DEALER,not otherwise mentioned 45.00
DELIVERIES (businesses making deliveries from outside 45.00
the city)
DESIGNER/ILLUSTRATOR 45.00
DETECTIVE, PATROL OR GUARD SERVICE AGENCY 45.00
DOCTOR OF MEDICINE (Physicians, surgeons, medical 45.00
professionals)
DRY CLEANER, CLEANING, PRESSING AND DYING
Substations or separate establishments for the
purpose of picking up or delivering the finished
product.
45.00
ELECTROPLATING 45.00
EMPLOYMENT• AGENCY 45.00
ENGRAVER, PHOTO OR OTHERS 45.00
FINANCIAL INSTITUTION (to include banks and loan brokers) 45.00
FORTUNETELLER, PALMIST (with approval of director of 1,200.00
public safety)
GARAGES (REPAIR)45.00
GASOLINE, OIL, PETROLEUM PRODUCTS (wholesale)45.00
GEOLOGIST 45.00
GUNSMITH, LOCKSMITH, KEYSHOP, KNIFE AND SCISSOR 45,00
SHARPENING, SAW FILING
HOSPITAL, REST HOMES, CLINIC AND SANITARIUM 45.00
HOUSE NUMBER PAINTING 45.00
INTERIOR DECORATING 45.00
JUNK DEALER (upon compliance with Article 8-2 of this 45.00
Chapter)
LABORATORY (not associated with doctor's office)45.00
LAUNDRY (self-service or professional)45.00
LIVERY STABLE 45.00
MACHINE AND REPAIR SHOP 45.00
MANUFACTURING, MANUFACTURER 45.00
MARRIAGE AND FAMILY COUNSELING 45.00
Ordinance No. 133
Page Four of Eight
MEDICAL PROFESSIONAL (see doctor of medicine)45.00
MORTUARY OR CREMATORY 45.00
PAINT SHOP 45.00
PAWNBROKER (upon compliance with Article 8-2 of this 45.00
Chapter)
PEDDLER (upon compliance with Article 8-1 of this 45.00
Chapter)
PHOTOGRAPHER 45.00
PHYSICAL THERAPIST 45.00
(State license required)
PIANO TUNING 45.00
RACE TRACK ENTERPRISE 45.00
REAL• ESTATE,RENTAL AND LOAN BROKER,LOAN AGENTS 45.00
REDUCING• SYSTEM 45.00
REPAIR 45.00
RUG CLEANING (not in connection with laundry)45.00
SCHOOL (private and vocational)45.00
SERVICE 45.00
SHEET METAL SHOP 45.00
SOCIAL INTRODUCTION,ESCORT AND DATING SERVICES 1,200.00
(with approval of the Director of Public Safety)
SOLICITOR,CANVASSER,DEMONSTRATOR AND SALESMAN
(upon compliance with Article 8-1 of this Chapter)
SWAP MEET PROPRIETOR -Annual Fee
APPLICATION:A proprietor license may be issued
by the city upon prior approval,by the city clerk,
of the application of the proprietor on forms
supplied by the city and payment of a one-time
non-refundable fifty dollar application fee.
45.00
600.00
TAXI SERVICE 45.00
TAXIDERMIST 45.00
TRANSIENT MERCHANT 45.00
TREE SURGERY 45.00
UPHOLSTERING,AUTO AND FURNITURE 45.00
WAREHOUSE OR FREIGHT TERMINAL 45.00
The schedule for subsequent twelve-month periode of operation shall
be as follows:
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 (in compliance with Article 8-4,Section
8-4-4 of this Chapter and other applicable ordinances)
Ordinance No.133
Page Five of Eight
Annual Fee
Each attendant
FORTUNETELLER AND PALMIST
MASSAGE PARLOR,THERAPY CENTER
SOCIAL INTRODUCTION,ESCORT AND DATING SERVICE
CIRCUSES/CARNIVALS (per day)
(must be approved by the Director of Public
Safety,and require a certificate of insurance
naming the City of Apache Junction elected and
appointed officials and employees as additional
insureds)
SWAP MEET PROPRIETOR
300.00
75.00
1,200.00
1,200.00
1,200.00
150.00
600.00
ALL OTHERS 35.00
That Article 8-5 Business Occupational License Tax,Section 8-5-11
Separate Licenses Required for Separate Places of Businesses be amended to
read as follows:
Section 8-5-11 Separate Licenses Required for Separate Places
of Business
Delete
That Article 8-5 BUsiness Occupational License Tax,Section 8-5-18
Transferability -,'AsSignability be ameneed to read as follows:
Section 8-5-18 Transferability,Assignability
All licenses issued hereunder shall be non -transferable and non-
assignable.
That Article 8-6 Swap Meet Operations,Section 8-6-2 Unlawful
Practices of Swap Meet Proprietor,be amended to read as follows:
A.To permit a swap meet upon premises owned or controlled by the
swap meet proprietor without being in possession of a proprietor's
license.
B.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.
C.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.
D.To fail to pay the City of Apache Junction the business license
tax when due,pursuant to Article 8-5 of the City Code.
E.To fail to file with the City of Apache Junction a monthly vendor
registration report when due.
F.To fail to keep an accurate vendor registration log.
G.To fail to preserve all documents required by this article,including
vendor registration logs and vendor sales receipts,for three •years,
and to make available said documents to inspection by the city clerk,
his deputy,or the department of public safety.
Ordinance No.133
Page Six of Eight
H.To fail to make all 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
or department of public safety.
I .To fail to maintain the swap meet premises in a clean and
unu ttered condition,free and clear of all abandoned merchandise,
rubbish and debris.
J.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.
Additionally,the swap meet proprietor may be required to comply
with the following provisions as required by the City Clerk or the Director
of Public Safety:
A.To collect the copy of each vendor sales receipt from the swap
meet vendor at the close of each business day.
B.To file with the City Clerk by 12:00 noon on the next regular
business day the vendor registration report and vendor sales
receipts from the previous business day as required by the
City Clerk or the Director of Public Safety.
That Article 8-6,Section 8-6-3 Unlawful Practices of Swap Meet
Vendor,be amended to read as follows:
Section 8-6-3 Unlawful Practices of Swap Meet Vendor
I t shall be unlawful for a swap meet vendor to fail to comply with
the requirements of this article,and in particluar:
A.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 or more.
B.To fail to fully and accurately record on vendor sales receipts
the complete descriptive information set forth in this article when
required by the City Clerk or the Director of Public Safety.
C.To fail to give one copy of each vendor sales receipt to the swap
meet proprietor upon the close of each business day when required
by the City Clerk or the Director of Public Safety.
D.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 Transaction Privilege Sales Tax License issued
by the city and the state to the swap meet vendor,pursuant to
Article 8-3 Transaction Privilege Tax of the City Code.
E.To engage in sales at locations other than the vendors sales
location assigned that day by the proprietor.
SECTION I I REPEALING ANY CONFLICTING PROVISIONS
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 III PROVIDING FOR SEVERABILITY
If any section,subsection,sentence,clause,phrase or portion
of this ordinance or any part of the code adopted herein by reference is
for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction,such decision shall not affect the
validity of the remaining portions thereof.
Ordinance No.133
Page Seven of Eight
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,THIS 16THDAY OF MARCH ,1982.
ATTEST:
KATHLEEN CONNELLY
Acting City Clerk
APPROVED AS TO FORM:
City Attorney
Ordinance No.133
Page Eight of Eight
WENDELL J.CLAR
Mayor