HomeMy WebLinkAboutORD1150ORDINANCE NO.1150
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE gpr OF APACHE
JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY/CODE CHAPTER 8
USINESS,ARTICLE 8-9 SALES WITHIN MOBILE HOME WkS,RV PARKS AND
MOSJLE HOME SUBDIVISIONS;REPEALING ANY CONFLICTING PROVISIONS;AND
PROVIDING FOR SEVERABILITY.
WHEREAS,pursua'rit to Arizona Revised Statutes Arinotated ("A.R.S.")§9-240(B)(18),
cities and towns ave the power to fix the anfount of business license taxes and
to prescribe their ethod of collection op/payment;and
WHEREAS,pursuant to Ar ona Revised S4tutes Annotated ("A.R.S.")S9 -240(B)(19),
cities and towns have th power to Othorize the clerk to issue licenses,to
direct the manner of issuin the licerises and to establish fees for the licenses;
and
WHEREAS,pursuant to Volume I o
BUSINESS,Article 8-9 SALES WIT
SUBDIVISIONS,commercial businss
subject to applicable sales tAx
the City Code of Apache Junction,Chapter 8
OBILE HOME PARKS,RV PARKS AND MOBILE HOME
es ace permitted to participate in market days
respor*bilities and regulations;and
WHEREAS,i t is the intent fl the Mayor an members of the Apache Junction City
Council to:1)add a defiyftion of "Outside endor"to the current regulations;
2)exempt residents of t e respective park or subdivision who sell personally
handcrafted items withi,ri their park or subdivis'on during market days;and 3)
require residents of p ks and subdivisions who se personally handcrafted items
as a commercial busirjss in parks and subdivisions yring market days to obtain
a business license nd to pay applicable sales tax:'arid
WHEREAS,i t is al o the intent of the Mayor and members of the Apache Junction
City Council to continue to allow licensed sales within tuobile home parks,RV
parks and mobil,é home subdivisions,but only in accordance with the provisions
of Volume I of the City Code,as set forth in this ordinance and the provisions
of City Cod Volume II,LAND DEVELOPMENT CODE,Chapter 1 ZONING ORDINANCE,
Article 6 q NERAL PROVISIONS AND EXCEPTIONS,Section 6.0101'cONDITIONAL USE
PERMITS,SOsection 6.0101.5(n)Additional Uses Permitted by Conditional Use
Permit.
NOW,THTEFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE\CITY OF
ORDINANCE NO.1150
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APACHE JUNCTION,ARIZONA,AS FOLLOWS:
SECTION I IN GENERAL
That the Apache Junction City Code Chapter 8 BUSINESS,Article 8-9 SALES WITHIN
MOBILE HOME APRKS,RV PARKS AND MOBILE HOME SUBDIVISIONS be amended to read as
follows:
Article 8-9 SALES WITHIN MOBILE HOME PARKS,RV PARKS AND MOBILE HOME
SUBDIVISIONS
8-9-1 Definitions
8-9-2 Limitations on Sales
8-9-3 Unlawful Practices of Event Sponsors
8-9-4 Suspension and Revocation
Section 8-9-1 Definitions
In this article,unless the context otherwise requires:
A."Market Days","country store","bazaar days",etc.,mean an event not
exceeding one day per week conducted within a mobile home park,travel
trailer park,recreation vehicle park or mobile home subdivision for the
purpose of providing goods and services,hereafter referred to as "Market
Days".
B."Outside Vendor" means any person who presents proof at a Market Days event
of being properly licensed by the City and is not a resident of a specific
park,but who is participating in said park's Market Days event for the
purpose of causing the advertisement of or making a sale at a Market Days.
"Outside Vendor"does not include an individual selling meat,poultry,
dairy,seafood,or other perishable products (frozen or otherwise),but
does include one who sells fruits and vegetables.
Section 8-9-2 Limitations on Sales
A.Commercial businesses which wish to participate in such market days shall
be subject to payment of all applicable city,county,and state sales
taxes and shall comply with all applicable sales tax regulations in
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addition to the following fees:
$45.00 Initial fee which shall be applicable only to sales conducted
within a mobile home,recreation vehicle,travel trailer park
or mobile home subdivision and which shall be applicable to
only one location.License shall be valid for twelve
consecutive months from month of issue.
$35.00 Annual renewal fee which shall be valid for twelve consecutive
months from month of issue.
$10.00 Additional fee for each additional park at which the vendor
elects to sell,offer goods or services for sale.Additional
location shall be valid for twelve consecutive months from
month of issue.
B.Other licensed city businesses including but not limited to permanent,
peddler or swap meet vendor licensees shall not be permitted to sell
within such parks for market day sales without first having paid for and
secured the appropriate licenses as required by this code.
C.All licenses issued under this section shall comply with appropriate health
regulations where applicable.
D.Any licensee who obtains a license under this section shall always be in
possession of his license issued for market day sales,and such licensee
shall produce the license or a copy thereof upon the request of the city
or the market day sponsor or coordinator.
E.Residents of the respective mobile home park,RV park or mobile home
subdivision which conducts the Market Days activity may sell personally
handcrafted items without first .obtaining a city business license.These
sales are however subject to applicable city sales tax as set forth in the
City Tax Code and such residents shall obtain the appropriate tax license.
F.Residents of mobile home parks,RV parks or mobile home subdivisions who
participate in a Market Days activity at a mobile home park,RV park or
mobile home subdivision in which they do not reside for the purpose of
selling personally handcrafted items as a commercial business shall first
obtain the licenses as required under Section 8-9-2(A)of this article.
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G.All participants licensed or who are required to be licensed under this
section shall comply with all applicable provisions of Apache Junction
City Code Volume II,LAND DEVELOPMENT CODE,Chapter 1 ZONING ORDINANCE,
Article 6 GENERAL PROVISIONS AND EXCEPTIONS,Section 6.0101 CONDITIONAL
USE PERMITS,Subsection 6.0101.5(n)Additional Uses Permitted by
Conditional Use Permit including,but not limited to,6.0101.5(n)(g)
definition of "Outside Vendor".
Section 8-9-3 Unlawful Practices of Event Sponsors
I t is unlawful for any sponsor of a market days event to fail to comply with the
requirements of this article and,in particular:
A.To fail to inquire of all event participants of their compliance with city
license and sales tax regulations.
B.To permit any participant to set up at the event without such participant
having first met all city licensing and sales tax regulations.
C.All sponsors of Market Days events shall comply with all applicable
provisions of Apache Junction City Code Volume II,LAND DEVELOPMENT CODE,
Chapter 1 ZONING ORDINANCE,Article 6 GENERAL PROVISIONS AND EXCEPTIONS,
Section 6.0101 CONDITIONAL USE PERMITS,Subsection 6.0101.5(n)Additional
Uses Permitted by Conditional Use Permit including,but not limited to,
6.0101.5(n)(g)definition of "Outside Vendor".
Section 8-9-4 Suspension and Revocation
A.The city clerk shall be authorized to suspend or refuse to renew the
license of any licensee who is in violation of any provision of this
article.Such suspension shall continue until such violation has been
fully corrected.
B.Licenses issued under the provisions of this article may be revoked by
the city clerk after notice and hearing for any of the following
reasons:
1.Fraud,misrepresentation or false statement contained in the
application for license.
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2.Any violation of this article.
3.Conducting a trade,business,game or amusement,calling,
profession or occupation in violation of Arizona Revised Statutes.
C.The hearing and appeal process for revocation of license shall be the
same as set forth in Section 8-5-22 of this code.
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
If 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 the decision of any court of 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 DAY OF ,2001.
SIGNED AND ATTESTED TO THIS DAY OF ,2001.
ATTEST:
KATHLEEN CONNELLY
City Clerk
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DOUGLAS COLEMAN
Mayor
APPROVED AS TO FORM:
30-01
RICHARD J.STERN
City Attorney
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