HomeMy WebLinkAboutORD134ORDINANCE NO.134
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE
APACHE JUNCTION CITY CODE BY AMENDING ARTICLE 8-6
SWAP MEET OPERATIONS,SECTION 8-6-1 DEFINITIONS
AND SECTION 8-6-4 REGULATIONS AND ADDING SECTION
8-6-6 SCHEDULE;REPEALING ANY CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,AS FOLLOWS:
SECTION I IN GENERAL
That Article 8-6 Swap Meet Operations,Section 8-6-1 Definitions,
be amended to read as follows:
Section 8-6-1 Definitions
In this Article,unless the context otherwise requires:
A."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.
B."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.
C."Business Occupational Service Tax"means those sums payable to
the City by the swap meet vendor,through the swap meet
proprietor,pursuant to Section 8-6-6 of this Article of the
City Code.
D."Clerk means the city clerk or deputy city clerk of the City
of Apache Junction.
E."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.
F."Merchandise"means any new or used object,wares,goods,
commodities,personality and intangibles,real estate,
amusements,food concessions or services.
G."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.
H."Premises"means any building,structure,lot or other area at
which A swap meet sale is conducted.
I ."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.
J."Sale"means any sale,offer of 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.
K."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.
L."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.
M."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.
N."Transaction Privilege Tax"means those sums payable to the
City by the swap meet vendor pursuant to Article 8-3 of the
City Code.
0."Vendor Registration Report"means a monthly report from the
proprietor to the City of Apache Junction.
P."Vendor Registration Log"means a well -bound volume kept by the
proprietor to identify vendors.
Q."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 or more.
R."Park and Swap Operations"means any activities referred to in
Section 8-6-1 (J).
Section 8-6-4
That Regulations,be amended by adding subsection (E)as follows:
E.The swap meet vendor shall pay to the swap meet proprietor
such fees as established in Section 8-6-6 of this Article.
All such fees collected by the swap meet proprietor shall
be payable in full to the City of Apache Junction by said
swap meet proprietor each month.
That Section 8-6-6 Schedule be added,to read as follows:
Section 8-6-8 Schedule
All swap meet vendors shall pay to the swap meet proprietor a
Business Occupational Service Tax in the amount of .351t per day for each
space or stall rented by the swap meet vendor at the swap meet.All such
fees shall be payable at the same time as the rental fees prescribed by
the swap meet 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
'I f any section,subsection,sentence,clause,phrase or portion
of this ordinance or any part of the code adopted herein by reference is
Ordinance No.134
Page Two
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.
SECTION IV EMERGENCY CLAUSE
I t is necessary for the preservation of peace,health,and
safety of the City of Apache Junction,Arizona,that this Ordinance
become effective immediately,an emergency is hereby declared to exist,
and this Ordinance shall be effective immeidately upon passage and
adoption.
PASSED AND ADOPTED by the Mayor and City Council of the City
of Apache Junction,Arizona,this 2nd day of February ,1982.
ATTEST:
KATHLEEN CONNELLY
Acting City Clerk
APPROVED AS TO FORM:
DAnD F.ALEXANgER
City Attorney
Ordinance No.134
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447F304,,, L
WENDELL J.CgARKE
Mayor