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HomeMy WebLinkAboutORD293ORDINANCE NO.293 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE •CHAPTER 8 BUSINESS,ARTICLE 8-1 PEDDLERS,BY ADDING SECTION 8-1-9 HOURS OF OPERATION;ARTICLE 8-2 BUSINESS BY AMENDING THE TITLE OF ARTICLE 8-2 AND SECTION 8-2-7 (B) REPORTS REQUIRED;ARTICLE 8-5-2 LICENSE REQUIRED;ARTICLE 8-5-9 TAXES DELINQUENT;PENALTY;ARTICLE 8-5-11 SEPARATE LICENSES FOR SEPARATE PLACES OF BUSINESS;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 Chapter 8 BUSINESS,Article 8-1 Peddlers,be amended by adding Section 8-1-9 Hours of Operation,to read as follows: Section 8-1-9 Hours of Operation I t is unlawful for any person operating as a solicitor,peddler,hawker, salesman or vendor of goods,wares,merchandise,newspapers,magazines or services who goes from house to house,or to only one house in the city,to do so before the hour of 9:00 a.m.or after the hours of 6:00 p.m. That Chapter 8 BUSINESS,Article 8-2 Business,be amended by changing the title of Article 8-2 and by amending Section 8-2-7 Reports Required,to read as follows: Article 8-2 AUCTIONS,PAWNSHOPS,SECOND HAND DEALERS Section 8-2-7 Reports Required B.No article shall be sold or exchanged by any auction house,dealer, pawnbroker or second hand dealer until i t shall have been in the custody thereof for ten (10)calendar days after making out and delivering to the chief of police the report required under subsection (A)above.Provided that in the case of an article consigned to an auction house,such article shall not be sold or exchanged until after i t shall have been in the custody thereof for three (3)days after delivering to the chief of police the report required under subsection (A)above.This subsection shall not apply to redemption of pawned or pledged articles. These requirements may be waived by the chief of police for religious ;social and non-profit organizations. That Article 8-5 BUSINESS OCCUPATIONAL LICENSE TAX,Section 8-5-2 License Required,be amended by adding Subsection (F)to read as follows: Section 8-5-2 License Required F.All transfers of ownership shall be considered to be a new business and,as such,shall be required to obtain a valid, current business license and pay a fee in accordance with the schedule for new businesses listed herein. Ordinance No.293 Page One of Three That Article 8-5 BUSINESS OCCUPATIONAL LICENSE TAX,Section 8-5-9 Taxes Delinquent;Penalty,be amended to read as follows: Section 8-5-9 Taxes Delinquent;Penalty When any license tax provided for herein shall become due and unpaid for at least twenty (20)days,the same shall become delinquent and the city clerk shall,commencing on the twenty-first day,add thereto a penalty.This penalty shall accrue based on the number of days the license remains delinquent in accordance with the following schedule: 21 days -30 days 31 days -45 days 46 days -60 days 61 days -90 days $10.00 $15.00 $25.00 $50.00 No license shall be issued by the city clerk until the license taxes that are delinquent and the penalties added thereto have been paid in full. That Article 8-5 BUSINESS OCCUPATIONAL LICENSE TAX,Section 8-5-11 Separate Licenses Required for Separate Places of Business,be added to read as follows: Section 8-5-11 Separate Licenses Required 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 is practiced,trans- acted or carried on.Each license issued shall authorize the person obtaining i t 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 described therein. 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,phrase,lcause 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. SECTION III DECLARING AN EMERGENCY I t being necessary for the preservation of the 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 become effective immediately upon its passage and adoption. ACCEPTED AND ADOPTED THIS 7TH DAY OF AUGUST,1984. Ordinance No.293 Page Two of Three Mayor Alt ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: City Attorney Ordinance No.293 Page Three of Three