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HomeMy WebLinkAboutORD1169ORDINANCE NO.1169 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 8 BUSINESS, BY REPEALING ARTICLE 8-8 SPECIAL EVENTS LICENSING REQUIREMENT,IN ITS ENTIRETY AND ADOPTING A NEW ARTICLE 8-8 LICENSING REQUIREMENTS FOR SPECIAL,COMMUNITY AND PRIVATE EVENTS IN LIEU THEREOF;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR PENALTIES;AND PROVIDING FOR SEVERABILITY. WHEREAS,the Mayor and City Council wish to allow special,community and private events to take place within the city limits;and WHEREAS,Arizona Revised Statutes Annotated ("A.R.S.")§ 9-240(6)(18)allows the legislative body of any municipality to fix the amount of license taxes to be paid for carrying on any business activity,to prescribe the method of collection or payment for such activities and to fix penalties for failure to comply;and WHEREAS,on November 5,2002,the Mayor and City Council unanimously directed staff to develop appropriate amendments to the City Code which would modify these licensing requirements to the benefit of events,vendors and city staff. NOW WHEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT: SECTION I IN GENERAL The Apache Junction City Code,Chapter 8 Business,Article 8-8 Special Events Licensing Requirement be repealed in its entirety and a new Article 8-8 Licensing Requirements for Special,Community and Private Events be adopted in lieu thereof to read as follows: Article 8-8 Licensing Requirements for Special,Community and Private Events 8-8-1 Definitions 8-8-2 Special Event Sponsor Requirements 8-8-3 Special Event Vendor Requirements 8-8-4 Community Event Sponsor Requirements . 8-8-5 Community Event Vendor Requirements 8-8-6 Private Event Sponsor Requirements 8-8-7 Private Event Vendor Requirements ORDINANCE NO. PAGE 1 OF 8 1169 8-.8-8 Effective Date and Application of Requirements Section 8-8-1 Definitions A."Community Event"means an event not exceeding four (4)consecutive days in any calendar year which is conducted,organized and sponsored solely by non-profit organizations and i .s_ppen,:to all participants on an equal basis.Such community event shall have the purpose of promoting or benefiting the city.-':and,i t reOder,its and/or the sponsoring non profit organizations • '..'S(ACh,r'.Cc$rntilunit -Si Vent does not preclude having for-profit financial sponsors who receive name or title •recognition.Non-profit organizations 4,41T :riot lend'their name or non-profit status to .any entity.or,organization,,for-profit or otherwise,in order to meet the requirements of a community event. B."Non-profit Organization"means any religious,social,fraternal or civic organization which has been designated as a 501(C)organization by the Internal Revenue Service and which has a valid exempt business occupational license as provided for in Section 8-5-7 of this Code. Should questions as to form of business arise,interpretations of this section shall be based upon form indicia contained in the following: Arizona Revised Statutes:Internal Revenue Code Rules and Regulations prescribed by the Internal Revenue Service. C."Private Event"means an event not exceeding four (4)consecutive days in any calendar year which is conducted and sponsored by for-profit organizations,agencies or businesses.Such events may include non- profit organizations as co-sponsors and/or participants.Non-profit organizations shall not lend their name or non-profit status to any entity or organization,for-profit or otherwise,in order to meet the requirements of a private event. D.,"Retail Sale"or "Sale at Retail"means the sale of tangible personal property except the sale of tangible personal property to a person regularly engaged in the business of selling such property. ORDINANCE NO.1169 PAGE 2 OF 8 E."Special Event"means an event not exceeding four (4)consecutive days in any calendar year which is conducted,organized and sponsored solely by non-profit organizations,has been approved as such by the City Council during the annual budget process and which is open to all participants on an equal basis.Such special event shall have the purpose of promoting or benefiting the city and its residents and/or the sponsoring non-profit organizations.Such special event does not preclude having for-profit financial sponsors who receive name or title recognition.Non-profit organizations shall not lend their name or non-profit status to any entity or organization,for-profit or otherwise,in order to meet the requirements of a special event. F."Vendor"means any person,partnership,association,company or corporation located at a community,private or special event for the purpose of causing the advertisement of or making a retail sale or causing the advertisement of or soliciting on behalf of a vendor at such event. Section 8-8-2 Special Event Sponsor Requirements A.The sponsor of any special event which includes, vendors shall pay a fee of Fifty Dollars ($50.00)per day.This fee shall be paid no later than ten (10)working days in advance of the first day of the event.A penalty of Five Dollars ($5,,00)per 'day shall be assessed for each working day the initial payment.is late beginning ,with the working day immediately following the initial deadline.The special event fee shall not apply to those events which do not include vendors. B.The sponsor of any special event shall provide the City Clerk's Department with the name,address and telephone number of the event coordinator or contact person at least thirty (30)working days in advance of the event. C.The sponsor of any special event shall obtain a completed vendor application,on a form to be provided by the city,from each participating vendor and shall provide the city with these completed forms in addition to a complete list containing name,address and telephone number of each participating vendor no later than seven (7) working days following the last day of the event. ORDINANCE NO.1169 PAGE 3 OF 8 Section 8-8-3 Special Event Vendor Requirements A.All special event vendors who engage or attempt to engage in a retail sale at a special event or who advertise or solicit services or products shall complete a special event vendor application in order to participate in the event.Such completed form shall be submitted to the event sponsor. B.All special event vendors who engage in a retail sale at a special event shall pay all applicable sales tax as required by the City Tax Code of the City of Apache Junction. C.Any vendor who is subject to a certificate of health or sanitary examination must produce such certificate or permit from the County Health Department and provide a copy to the event sponsor as part of their application before participating in the special event. D.Non-profit organizations which participate as vendors at special events shall not be required to complete a special event application i f their participation is limited to the distribution of literature or information relative to their organization.A completed vendor application shall be required if the non-profit organization engages in retail sales that are taxable under the City Tax Code. E.Massage therapists wishing to participate as a vendor at a special event shall be permitted to do so provided there is no charge for the service and that such service is provided in conjunction with a recognized school of massage as defined in this Code or in conjunction with a person holding a valid city business license and authorized by the laws of this state to practice medicine,osteopathy,chiropractic, podiatry,naturopathy or acupuncture. Section 8-8-4 Community Event Sponsor Requirements A.The sponsor of any community event which includes vendors shall remit to the city a fee of Fifteen Dollars ($15.00)per vendor for each event.The sponsor shall be responsible for collecting this fee from each participating vendor.These fees shall be paid in total to the city no later that seven (7)working days following the last day of the event.A penalty of Five Dollars ($5.00)per day shall be assessed for each working day that the total fee remains.unpaid. ORDINANCE NO.1169 PAGE 4 OF 8 B.The sponsor of any community event shall provide the City Clerk's Department with the name,address and telephone number of the event coordinator or contact person at least thirty (30)working days in advance of the event. C.The sponsor of .any community event shall obtain a completed vendor .application on a form to be provided by the city,from each participating vendor and shall provide the city with these completed forms in addition to a complete list containing the name,address and telephone number of each participating vendor no later than seven (7) working days following the last day of the event. D.The sponsor of any community event shall obtain from the City's Development Services Department any necessary zoning approval for the event. Section 8-8-5 Community Event Vendor Requirements A.All community event vendors who engage or attempt to engage in a. retail sale or who solicit or advertise in any form at a community event shall complete a special event vendor application in order to participate in the event.The completed form shall be submitted to the event sponsor_ B.All community event vendors who engage in a retail sale at a community event shall pay, all applicable sales tax as required by the City Tax Code of the City of Apache JunctiOn. C.Any vendor who is subject to.a certificate of health or sanitary examination must produce such certificate or permit from the County Health Department and provide a copy to the event sponsor as part of their application before participating, in the community event. D.Non-profit organizations which participate as vendors at community events shall not be required to complete a.community event -appljcation i f their participation is limited to the distribution of literature.or information relative to their organization.A completed vendor application shall be required if the non-profit organization engages in .retail sales that are taxable under the City —Tax Code. E.Vendors who have a current,valid city business license shall not be required to pay any additional vendor fee provided they are engaging in an activity covered by their regular business license. ORDINANCE NO.1169 PAGE 5 OF 8 F.Massage therapists wishing to participate as a vendor at a special event shall be permitted to do so provided there is no charge for the service and that such service is provided in conjunction with a recognized school of massage as defined in this code or in conjunction with a person holding a valid city business license and who is authorized by the laws of this state to practice medicine,osteopathy, .chiropractic,podiatry,naturopathy or acupuncture. Section 8-8-6 Private Event Sponsor Requirements A.The sponsor of a private event shall pay a fee of One Hundred Fifty Dollars ($150.00)per day.This fee shall be paid no later than ten (10)working days in advance of the first day of the event.A penalty of Fifteen Dollars ($15.00)shall be assessed for each working day the initial payment is late beginning with the working day immediately following the initial deadline. B.The sponsor of a private event shall remit to the city a fee of Forty- Five Dollars ($45.00)per vendor for each event.The sponsor shall be responsible for collecting this fee from each participating vendor. These fees shall be paid in total to the city no later than seven (7) working days following the last day of the event. C.The sponsor of a private event shall provide the City Clerk's Department with the name,address and telephone number of the event coordinator or contact person at least thirty (30)working days in advance of the event. D.The sponsor of any private event shall obtain a completed vendor application,on a form to be provided by the city,from each participating vendor and shall provide the city with these completed forms in addition to a complete list containing the name,address and telephone number of each participating vendor no later than seven (7) working days following the last day of the event. E.The sponsor of any private event,shall obtain from the City's Development Services Department any necessary zoning approval for the event. ORDINANCE NO.1169 PAGE 6 OF 8 Section 8-8-7 Private Event Vendor Requirements A.All private event vendors who engage or attempt to engage in a retail sale at a private event shall complete a private event vendor application in order to participate in the event.The completed form shall be submitted to the event sponsor. B.All private event vendors who engage in a' ;:retail sale at a private event shall pay all applicable sales tax 'a-•• •re'qa-i'redi by the City Tax Code of the City of Apache Junction.: C.Any vendor who is subject to a tertificate'• cif 'health or sanitary examination must produce such certificate Or permit' from the County Health Department and provide a copy to the event -sponsor as part of their application before participating in the private event. D.Non-profit organizations which participate as vendors at private events shall not be required to complete a private event application if their participation is limited to the distribution of literature or information relative to their organization..A completed vendor application shall be required if the non-profit organization engages in retail sales that are taxable under the City Tax Code. E.Vendors who have a current,valid city business license shall,not be required to pay any additional vendor fee provided they are engaging in an activity covered by their regular business license. F.Massage Therapists wishing to participate at a special event shall be permitted to do so provided there is no charge for the service and that such service is provided in conjunction with a recognized school of massage as defined in this code or in conjunction with a person holding a valid city business license and who is authorized by the laws of this state to practice medicine,osteopathy,chiropractic,podiatry, naturopathy or acupuncture. Section 8-8-8 Effective Date and Application of Requirements A.Any special,community or private event scheduled to take place on or before March 31,2003 must be in.compliance with the provisions of Article 8-8 as they existed before or after the effective date of these revisions.Any special,community or private event scheduled to take place on or after April 1,2003 must be in compliance with these new revisions. ORDINANCE NO.1169 PAGE 7 OF 8 SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR PENALTIES Any person found guilty of violating these provisions shall be guilty of a class one misdemeanor.Each day that a violation continues shall be a separate offense punishable pursuant to Article 1-8(A)of the Apache Junction City Code. SECTION IV 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 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 17TH DAY OF DECEMBER ,2002. SIGNED AND ATTESTED TO THIS 17TH DAY OF DECFMBER,2002 DOUGLAS C Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 02. RICHARD JOEL STERN City Attorney ORDINANCE NO.1169 PAGE 8 OF 8 EMAN