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HomeMy WebLinkAboutORD552ORDINANCE NO.552 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 8-6 SWAP MEET OPERATIONS,SECTION 8-6-6 SCHEDULE;REPEALING ANY CON- FLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING PENALTIES;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 the Apache Junction City Code,Chapter 8 BUSINESS,Article 8-6 SWAP MEET OPERATIONS;Section 8-6-6 Schedule,shall be amended to read as follows: Section 8-6-6 Schedule A.Effective December 17,1986,and until thereafter amended,all swap meet vendors shall ,pay to the swap meet proprietor a City Space Rental Fee in the amount of 50ct per day for each space or stall rented or leased 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. B.Effective De-cember 17,1986,and until thereafter amended,all swap meet vendors renting or leasing a space or stall from a swap meet proprietor at a swap meet shall pay to the City of Apache Junction a Business License Application Fee in the amount of $5.00 i f such vendor is engaged in the sale of any new or used goods,objects,wares,commodities,personalties and in- tangibles,real estate,amusements,food concessions,services or any antique goods,objects or wares.All such fees shall be paid to the City of Apache Junction prior to the rental or lease of any such space or stall except for those vendors who have paid such rental fees prior to the effective date of this amendment.All such vendors shall be required to pay the Business License Application Fee prior to commencing business on January 5,1987,5:00 p.m. C.All such Business License Application Fees 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 issu- ance,and shall be renewable each twelve month period there- after,and that the renewal fee for the license be set at $5.00 per year for each twelve month period.Delinquencies and penalties shall accrue as set forth in Section 8-5-9 of this chapter.I t shall be the responsibility of the vendor to notify the city of any change in status of the business. D.Payment of the Business License Application Fee does not imply any exemption or exempt any vendor from payment of the City Space Rental Fee or Transaction Privilege Tax as set forth in this Code. E.All swap meet vendors required by this article to pay such Business License Application Fee shall also be required to complete a City Business License Application upon payment of said fee. ORDINANCE NO.552 PAGE ONE OF TWO F.Individuals renting or leasing a space or stall at a swap meet for the purpose of selling their personally -owned household items shall be exempt from any Business License Application Fee only until such sales do not exceed sixteen days per calendar year. Such vendors shall not be exempt from the City Space Rental Fee and shall be required to complete an "exempt status"license form.When such sales exceed sixteen days per calendar year, then the vendor shall be required to pay the Business License Application Fee in addition to the City Space Rental Fee and comply with all other regulations pertaining to vendors at swap meets. 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,clause 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 any court of competent juris- diction,such decision shall not affect the validity of the remaining parts thereof. SECTION IV PENALTY CLAUSE Any person found guilty of any violation of or failure or refusal to do or perform any act required by this code shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not to exceed one -thousand dollars or by imprisonment of not to exceed six months,or by both such fine and imprisonment.Each day that a violation continues shall be a separate offense punishable as hereby above described. SECTION V 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 16TH DAY OF nUFMRER ,1986. SIGNED AND ATTESTED TO THIS ipTH DAY OF ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: AND-FT-ALE City Attorney ORDINANCE NO.552 PAGE TWO OF TWO DECEMBER 7 ,1986. NORMAN S.HILL Mayor