HomeMy WebLinkAboutORD214ORDINANCE NO. 214
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE BY
AMENDING CHAPTER 8 BUSINESS,ARTICLE 8-2, BY INSERTING A NEW
ARTICLE 8-2, SECTIONS 8-2-1 THROUGH 8-2-8.
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 8-2, BE AMENDED TO READ AS FOLLOWS:
Article 8-2 Business
2-1 Definitions
2-2 License Required
2-3 Display of License, Duration and Renewal, Transfer
2-4 Fee Schedule
2-5 Applications; Forms, Fees
2-6 Suspension of License; Appeal
2-7 Reports Required
2-8 Rate of Interest
Section 8-2-1 Definitions - Unless the context otherwise requires,
the following definitions shall apply:
A.Abandoned Property:Property to which the owner has relinquished
all right, title, claim, and possession, with intention of not
reclaiming it or resuming its ownership, possession, or enjoyment.
B.Auctioneer:Any person who shall operate an auction house or
who, as a principal or agent, shall offer any article for sale
by public outcry and where such items offered at auction are
sold immediately to the highest bidder.
C.Auction House:Any establishment in which is carried on the
business of auctioning articles for sale by public outcry
and where such items offered for auction are sold immediately
to the highest bidder.
D.Dealer:Any person, firm or corporation engaged in the business
of purchasing or selling secondhand or cast-off material of any
kind, such as any vehicle parts or accessories, machinery, iron,
copper, brass, lead, zinc, tin, steel, aluminum, metal pipe and
other metals, metal alloys, metallic cables, wire, ropes, cordage,
bottles, bagging, rags, rubber, paper, and other like materials
which are purchased from persons other than the original
manufacturer or authorized distributor selling same for money,
credit or exchange.For the purposes of this Chapter, the
terms scrap dealer and junk dealer shall have the same meaning
as dealer.These provisions shall not apply to any person
engaged solely in recycling metal cans, paper, cardboard and glass.
E.Pawnbrokers:Any person engaged in conducting, managing or
carrying on the business of pawnbroking, or the business of
loaning money for himself or for any other person, receiving
as security for the repayment thereof, pawns or pledges of
personal property, or the business of purchasing personal
property and reselling or agreeing to resell such article to
vendors, their personal representatives or their assignees, at
prices agreed upon at or before the time of such purchase,
whether such business be principal or sole business so carried
on, managed or conducted, or merely incidental to, in connection
with or a branch or department of some other business or businesses.
Ordinance No. 214
Page One of Four
Section 8-2-1 Definitions (continued)
F.Pawnshop:Any room, store or place in which such business is
engaged in, carried on or conducted.
G.Secondhand Dealer:Any person engaged in conducting, managing
or carrying on the business of buying, selling, trading, or
exchanging, or otherwise dealing in secondhand goods, wares,
merchandise, or articles, or old coins and money, jewelry,
precious metals, semi-precious stones and similar items,
whether such business be the principal or sole business so
carried on, managed, or conducted or be merely incidental
to, in connection with, or managed, or conducted or be merely
incidental to, in connection with;or a branch or a department
of some other business.The term "antique dealer" shall
have the same meaning as "secondhand dealer".The term
"secondhand dealer" shall not be construed to include trade-ins,
dealers, or auctioneer in articles of property, the transfer
of title to which is required by the laws of the State to
be evidenced by written instrument and recorded in the office
of the department of the State or County government.
Section 8-2-2 License Required
It shall be unlawful for any person to operate any of these
businesses, as listed and defined, without first having obtained a license.
Section 8-2-3 Display of License, Duration and Renewal, Transfer
A.A valid license issued shall be displayed in a conspicuous place
at such place of business.
B.All licenses, unless specifically excepted, shall be issued for
a period of twelve months 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.No license shall be renewed unless the licensee
conforms with the provisions.Licenses shall not be transferable.
Section 8-2-4 Fee Schedule
The following fees shall be charged for applications and licenses
for the operation of businesses so defined.
Initial License Fee:$45.00
Renewal Fee:$35.00
Section 8-2-5 Applications; Forms; Fees
An application for a license under this Chapter shall be made on
forms furnished by the City.Every application shall be accompanied
by an application fee in the amount provided in Section 8-2-4.In the
event a license is not issued, the application fee shall not be returned
to the applicant but shall be applied to cover the cost of processing the
application.
Section 8-2-6 Suspension of License: Appeal
Notwithstanding any other provisions of this Section, the license of
any auction house, dealer, pawnbroker, or secondhand dealer shall be suspended
for one year upon a showing that the operator of such establishment has
been convicted of violating any of the provisions of A.R.S. section 13-1802
in the conduct of business of such establishment.The license of any auction
house, dealer, pawnbroker, or secondhand dealer may be suspended for a
period not to exceed one year upon a showing that an employee of such
establishment has been convicted of violating any of the provisions of
A.R.S.section 13-1802 in the conduct of business of such establishment.
Ordinance No. 214
Page Two of Four
Section 8-2-7 Reports Required
A.Every person engaged in the business of Auction house, dealer,
pawnbroker, or secondhand dealer shall make out and deliver
to the Chief of Police a true, complete and legible report
of all goods and articles received on deposit or consignment,
in pawn, pledge, trade or exchange, or by purchase.The report
shall be made upon forms furnished by the City, and shall
be delivered within twenty four (24) hours after the receipt
of the property concerned.Each sheet shall contain for each
item received:
1.A description of the property; including brand name, model
and serial number, if any.
2.The amount loaned or paid for the property, or amount
allowed in trade.
3.The number of the pawn ticket, if any is given.
4.The date and time when property was received.
5.The signature of the person from whom the property was
received.
6.The name (printed), address and age of such person.The
reporting party .shall require each person to show proof of his
name by' exhibiting State or Federal identification.
7.A description of such person,consisting of height,
weight, race, complexion and hair color.
8.Vehicle make and license number used in making delivery.
B.No article shall be sold or exchanged.by any auction house,
dealer, pawnbroker, or secondhand dealer until it 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 it 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.
C.Every person engaged in the business of dealer, or secondhand
dealer, shall record the description of every -article sold
for an amount' ofTwenty-five Dollars/$25.00 or more.He
shall also record the name and address of the purchaser of
such articles.This record shall be held :by the dealer or
secondhand dealer for:at least thirty ('30) 'days 'after the sale.
D.Upon notification by representatives of the Police Department
that goods and articles received on depositor consignment,
in pawn, pledge, trade, exchange, or purchase, are the fruits
of a crime, no auction house, dealer, pawnbroker, or second-
hand dealer shall dispose of such property.Interest upon such
goods and articles pawned or pledged shall cease to accrue on
the date of such notification.
E.Every person engaged in the business of auction house, dealer,
pawnbroker, or secondhand dealer shall prominently display a
copy of these provisions in a conspicuous place on the premises
of the business.
Ordinance No. 214
Page Three of Four
1
Section 8-2-7 Reports Required (continued)
F.Every person engaged in the business of auction house, dealer,
pawnbroker, or secondhand dealer, who, in the conduct of his
business comes into possession of abandoned property, shall
turn over such property to the Police Department for which a
receipt has been issued.If ownership of such property is
not established within ninety (90) days after delivery to
the Police Department, the property shall be returned to the
person from whom the Police Department obtained possession.
This subsection shall not apply to unredeemed pawned or
or pledged articles.
G.The business premises of any auction house, dealer, pawnbroker,
or secondhand dealer, along with their transaction records
and stock of goods and articles, shall be open.at reasonable
hours to reasonable inspection byrepresentatives of the
Police'Department and/or the City Clerk's office.
H.No person engaged in the business of auction house, dealer,
pawnbroker or secondhanddealer...shall .knowingly.permit a
person whose license is under suspension to be employed in
any capacity of .such establishment.
I.Every person whose license to do business as an auction house,
dealer, pawnbroker, or secondhand dealer has been suspended or
refused renewal may be disqualified from obtaining or retaining
a business license for a period of up to one year and from the
date of such suspension or refusal.
Section 8-2-8 Rate of Interest
It shall be unlawful for any pawnbroker to charge -a higher rate of
interest than -that'aIlowed by the Statutes of' the of Arizona. (A.R.S.,
Sec.44-1624)
SECTION II REPEAL OF 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 or competent jurisdiction, such decision shall not affect the validity
of the remaining portions thereof.
PASSED AND ADOPTED BY' THE -MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA, THIS 6TH DAY OF 'SPPTFMBER , 1983.
ATTEST:
Kathleen Connelly
City Clerk
APPROVED AS TO FORM:
Cty ttornCey
n_LeAaLLucL
V6ndel1 J. Clar
Mayor
Ordinance No. 214
Page Four of Four