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HomeMy WebLinkAboutORD472ORDINANCE NO.472 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, PERTAINING TO REGISTRATION OF PEDDLERS;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,AS FOLLOWS: SECTION I IN GENERAL That the Apache Junction City Code,Chapter 8 BUSINESS,Article 8-1 PEDDLERS,Sections 8-1-1,8-1-2,8-1-3 and 8-1-5 be amended to read as follows: Section 8-1-1 Registration Required 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,shall register with the city clerk and obtain an identification card showing such registration. Section 8-1-2 Application to City Clerk A.Applicants for registration under the terms of Section 8-1-1 shall be required to furnish two recent satisfactory photographs of the applicant,one to be attached to the applicant's regis- tration card and the other to be retained by the city clerk's office.In the event the applicant is unable to supply such photographs,photographs will be supplied by the city clerk's office for a fee of $2.50.The city clerk shall require the applicant to file his fingerprint identification with the city clerk's office. B.Such applicants for peddler registration shall be required to furnish to the city clerk's office a complete description of the product to be sold in the city,together with information regarding sales methods to be used and references that will enable the city clerk to determine whether or not such applicant is qualified to receive a registration card as provided in Section 8-1-3.I f approved,issuance of a registration card under the provisions of this article shall be completed within fifteen days after the applicant has given the required information. Section 8-1-3 Issuance of Registration Cards A.Registration cards under this article shall be issued upon payment of a $25.00 license fee and shall be valid for a five day period for all applicants who have complied with Section 8-1-2 unless the city clerk 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. B.Applicants procuring a Business Occupation License in accordance with Article 8-5 of this chapter shall be exempt from paying the ORDINANCE NO.472 PAGE ONE OF TWO $25.00 license fee and shall be required to update their registration cards on an annual basis.Applicants under this section shall not be exempt from payment of the Transaction Privilege Tax in accordance with Article 8-3 of this code. C.The fee for all registration cards issued under this article shall be $1.00 per year. Section 8-1-5 Peddling Without Registration Cards Prohibited I t is unlawful for any person to take part in the act of soliciting, peddling,hawking,selling or vending of goods,wares,merchandise, newspapers,magazines or services from house to house,or to only one house in the city,without having registered with the city clerk's office and obtained a registration card;without having such card in possession;or failing to exhibit such card when a request is made for the registration card by any resident of the city. SECTION I I REPEALING ANY CONFLICTING PROVISONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted hrein 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,for any reason,held to be invalid or unconstitution 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 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 be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 21ST DAY OF JANUARY ,1986. ATTEST: KATHLEEN CONNELLY City Clerk eIM M V . 7 . 5 i 1 4 // / ORMAN S.HILLORMANS.HILL Mayor APPROVED AS TO FORM: DAV17.—AL City Attorney ORDINANCE NO.472 PAGE TWO OF TWO