HomeMy WebLinkAboutORD1450ORDINANCE NO. 1450
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION
CITY CODE, VOLUME I, CHAPTER 8:BUSINESS,BY REPEALING
ARTICLE 8-1:GENERAL BUSINESS AND LICENSING
PROVISIONS,ARTICLE 8-2:SPECIFIC LICENSING AND
REGISTRATION PROVISIONS,ARTICLE 8-8:REQUIREMENTS FOR
COMMUNITY AND CIVIC EVENTS AND ARTICLE 8-10:MOBILE
AND TEMPORARY FOOD AND BEVERAGE VENDORS,ALL IN THEIR
ENTIRETY; ADOPTING BY REFERENCE NEW PROVISIONS FOR THE
REGULATIONS NOTED ABOVE AS MORE FULLY DETAILED IN THAT
CERTAIN DOCUMENT ENTITLED "2017 AMENDMENTS TO THE
APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 8:
BUSINESS;DESIGNATING AN EFFECTIVE DATE; REPEALING ANY
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR PENALTIES.
WHEREAS, the then mayor and council first established a
city business license program and related requirements and fees
in 1980; and
WHEREAS, at the request of the Apache Junction Chamber of
Commerce and local businesses, this business license program was
placed on a ballot and upheld by city voters in 1981; and
WHEREAS, in July 2007 the city put in place an additional
program for issuing transaction privilege (sales tax) licenses
where applicable and collecting its own sales taxes; and
WHEREAS, in January 2017, based on revised state law, the
Arizona Department of Revenue took over the issuance of these
city tax licenses and collection of city sales tax; and
WHEREAS, the city no longer receives license applications
from taxable businesses creating a gap in information needed for
property owner and neighborhood safety and protection, and for
law enforcement, zoning and building code purposes; and
WHEREAS, establishing a broad business license program as
existed prior to July 2007 will reinstate these property owner
and neighborhood safety and protection as well as establish
parity for others already required to have a city business
license; and
ORDINANCE NO. 1450
PAGE 1 OF 3
WHEREAS, pursuant to A.R.S. §§ 9-801(1) and 9-802, codes
which may be adopted by reference include those relating to
business licenses, license fees, events and food truck and
mobile food vendors; and
WHEREAS, A.R.S. § 9-802 permits municipalities to enact the
provisions of a code of public record theretofore in existence
without setting forth such provisions in full text as long as
the adopting ordinance is published in full text and at least
one paper copy of the code changes or public record are filed in
the office of the clerk of the municipality and the electronic
copy is accessible on the city's website and made available for
public inspection.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
1.That existing Apache Junction City Code, Volume I, Chapter
8:Business,Article 8-1:General Business and Licensing
Provisions,Article 8-2:Specific Licensing and
Registration Provisions,Article 8-8:Requirements for
Community and Civic Events and Article 8-10:Mobile and
Temporary Food and Beverage Vendors,are hereby repealed in
their entirety.
• 2.That certain document containing the amended and new
Chapter 8 code provisions relating to business, business
licensing and registration, community and civic events and
mobile and temporary food and beverage vendors, known as
the "2017 Amendments to the Apache Junction City Code,
Volume I, Chapter 8:Business",one paper copy and one
electronic copy which are accessible on the city's website
and filed in the office of the city clerk, which document
was made a public record by Resolution No. 17-21 of the
City of Apache Junction, is hereby referred to, adopted and
made a part hereof as if fully set out in this ordinance,
pursuant to A.R.S. § 9-802.
SECTION II DESIGNATING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective December
1, 2017.
ORDINANCE NO. 1450
PAGE 2 OF 3
SECTION III REPEALING ANY CONFLICTING PROVISIONS:
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the codes adopted
herein by reference are hereby repealed.
SECTION IV PROVIDING FOR SEVERABILITY:
If any section, subsection, sentence, phrase, clause or portion
of this ordinance 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.
SECTION V PROVIDING FOR PENALTIES
Any violation of the provisions adopted herein shall be
punishable as a Class 1 Misdemeanor consistent with Apache
Junction City Code, Chapter 1:GENERAL,Article 1-1 GENERAL,
Section 1-1-11:PENALTY.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS / T M -DAY OF
2017.
SIGNED AND ATTESTED TO THIS DAY OF .;;IgOTENIbtille 2017.
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
g -9-617
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1450
PAGE 3 OF 3
2017 Amendments to the Apache Junction City Code, Volume 1,
Chapter 8:Business
ARTICLE 8-1:GENERAL BUSINESS AND LICENSING
PROVISIONS
Section
8-1-1 Definitions
8-1-2 City clerk; duties
8-1-3 Other regulatory provisions
8-1-4 Criminal penalties
§ 8-1-1 DEFINITIONS.
For the purpose of this article, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
ADVERTISEMENT.The attempt by publication,dissemination,solicitation,signage or
circulation to induce directly or indirectly any person to enter into any transaction with persons
conducting business activities within or outside the city.
APPROPRIATE LICENSE.A privilege tax or use tax license that has been issued pursuant to
the provisions of Apache Junction Tax Code,Chapter 8A,Article III,Licensing and
Recordkeeping; or a business or non-profit license that has been issued pursuant to the provisions
of this chapter.
A.R.S.Arizona Revised Statutes.
BUSINESS ACTIVITY.To practice,transact or carry on any trade,business,game or
amusement, calling, profession or occupation, or the renting, leasing or licensing for use of real
property with the object of gain, benefit or advantage.
BUSINESS LICENSE.A license issued to a person conducting a business activity within the
city.
CARNIVAL COMPANY.A collection of shows, exhibitions, feats of strength, merchandise
booths, games of skill, fortunetelling, games of chance, wheels of fortune or any other amusement
device presented or offered upon the streets or vacant property within the city, other than circuses,
animal shows or side shows with circuses.
CASUAL ACTIVITY or SALE.A transaction of an isolated nature made by a person who neither
represents himself or herself to be nor is engaged in a business activity.CASUAL ACTIVITY
never includes the sale, rental, leasing or licensing for use of real property; nor does it include the
sale of merchandise purchased or manufactured for the purpose of resale.
CITY.The City of Apache Junction.
CLERK.The city clerk or designee.
DEPARTMENT OF PUBLIC SAFETY.The department within the city responsible for the
protection of life and property and for the enforcement of the laws of the State of Arizona and the
City of Apache Junction.
2
FORTUNE TELLER.A person who purports to have the ability to predict a person's future by
palmistry, using a crystal ball or cards, or similar methods.
LICENSE.A business or non-profit license.
LOCATION.A place of a separate business establishment, but licensing does not apply to persons
solely renting or leasing residential real property.
MASSAGE ESTABLISHMENT.Any place of business or establishment conducting business
activity wherein any massage therapy techniques are administered, practiced or used.
MASSAGE THERAPIST.An individual who is either licensed or specifically exempted under
A.R.S. Title 32, Chapter 42.
MERCHANDISE.Any new or used object,wares,goods,commodities,personalty and
intangibles, real estate, amusements, food concessions or services.
NON-PROFIT BUSINESS.A person who is either:
(1)A federally exempt organization which has received a determination of exemption under
26 U.S.C. § 501(c); or
(2)The federal government, the State of Arizona, any other state or any political subdivision,
department or agency; or
(3)A public educational entity operated pursuant to any provision of A.R.S. Title 15.
NON-PROFIT LICENSE.A license issued to a person conducting non-profit activities within
the city.
NON-TAXABLE BUSINESS ACTIVITY.A person conducting business activity within the city,
the income of which is not taxable in whole or in part pursuant to any section in Apache Junction
Tax Code, Chapter 8A, Article IV, or which meets the provisions of Apache Junction Tax Code,
Chapter 8A, Sec. 8A -460(c)(4).
PEDDLER.Any person operating as a solicitor, peddler, hawker, salesperson, vendor of goods,
wares,merchandise,newspapers,magazines or services,and who goes from door-to-door,
business to business, or to only one door or business in the city; or who offers such items for sale
along a parade route or on real property other than their own.
PERSON.An individual, firm, partnership, joint venture, association, corporation, estate, trust,
receiver, syndicate, broker, limited liability company, the federal government, this state, any
political subdivision or agency of this state, or such person's legal representative.PERSONS
affiliated through common ownership, or where one person owns another person, are considered
separate PERSONS for licensing purposes.
PREMISES.Any building, structure, lot or other area at which business activity is conducted.
When the premise involves a building or structure, that premises shall include all outside areas
including the parking lot.
PRIVILEGE LICENSE.A license issued pursuant to the provisions of Apache Junction Tax
Code, Chapter 8A, Article III, Licensing and Recordkeeping to a person conducting taxable
business activity within the city.
3
SALE.A transaction of any type where the title or ownership of tangible personal property or real
property exchanges hands for a consideration of any type; or where the promise or completion of
a service is exchanged for a consideration of any type.
STREET BALLYHOO.Any person advertising by means of any vehicle containing amplifiers,
phonographs, loudspeakers, music rolls, microphones, broadcasting, radio, public address system
or music of any description, operating upon the public streets or public grounds of the city.
TAXABLE BUSINESS ACTIVITY.A person engaged in business within the city, the income of
which in whole or in part is taxable pursuant to any section in Apache Junction Tax Code, Chapter
8A, Article IV.
TEMPORARY LOCATION.Operating the same kind of business, for which a business license
has been issued, at such location for no more than 7 consecutive days, except that mobile and
temporary food and beverage vendors shall be limited to the times as set forth in Article 8-10 of
this code.
VALID.Any license subject to the provisions of this chapter that has not expired or has not been
suspended, cancelled or revoked.
VENDOR.Any person soliciting or making a sale, or causing any advertisement for a product or
service.
ZONING ADMINISTRATOR.The city official who initially determines zoning and land
development compliance, as appointed by the development services director.
§ 8-1-2 CITY CLERK; DUTIES.
(A)It shall be the duty and responsibility of the city clerk to administer the provisions of this
chapter and pursuant to this duty shall issue, renew, deny, suspend, cancel or revoke privilege, use,
business and non-profit licenses.
(B)It shall be the duty of the city clerk to file complaints with the city attorney against all persons
violating any of the provisions of this chapter.
(C)It shall be the duty of the city clerk to prepare and issue an appropriate license for every
person required to pay a license fee, and to state in each license the amount thereof, the period of
time covered thereby, the name of the person for whom issued, the specific business activities
conducted by the licensee, and the location and place of business where the business activities are
carried on.
(D)It shall be the duty of the city clerk, or deputy, before issuing a license under this chapter to
require from every applicant a sworn application, on a form to be furnished by the city.
(E)The city clerk may appoint license inspectors, and it shall be the duty of such inspector to
inspect places of business activity subject to the provisions of this chapter and Apache Junction
Tax Code, Chapter 8A, and report all violations to the city clerk.
(F)No greater or lesser amount of license and/or registration fee shall be charged or received for
any license issued hereunder than is provided for in this chapter, and no license shall be issued for
any period of time other than as provided in this chapter.
4
(G)In no case shall any mistake made by the city clerk in stating, fixing or collecting the amount
of any license and/or registration fee prevent, prejudice or estop the city from collecting the correct
amount due as provided by this chapter.
§ 8-1-3 OTHER REGULATORY PROVISIONS.
(A)Where any business activity is subjected to a certificate of health or sanitary examination,
before any license is issued, the applicant must produce such certificate or permit from the
appropriate county health department, as provided for in A.R.S., Title 36, Article 4 as amended.
(B)No license may be issued until the zoning administrator has provided preliminary verification
that the business is in an approved zone. The zoning administrator shall furnish such verification
within 5 city business days of the request.
(C)In the event the zoning administrator subsequently disapproves the formal zoning certificate,
the city clerk shall revoke the person's appropriate license.
§ 8-1-4 CRIMINAL PENALTIES.
Any person violating any of the provisions of this chapter, shall be deemed guilty of a class one
misdemeanor and, shall upon conviction, be punished pursuant to the provisions of the Apache
Junction City Code, Vol. I, Chapter 1:General,Article 1-1:General,§ 1-1-11 Penalty.
ARTICLE 8-2:SPECIFIC LICENSING AND REGISTRATION
PROVISIONS
Section
8-2-1 License required
8-2-2 Issuance of license by clerk; contents
8-2-3 General rules
8-2-4 Peddler registration required
8-2-5 Application to city clerk
8-2-6 Licensing; fees
8-2-7 Permits; fees
8-2-8 Delinquency penalty
8-2-9 Unlawful activities
8-2-10 Suspension, revocation and cancellation of license
8-2-11 Notice of hearing and appeal
8-2-1 LICENSE REQUIRED.
(A)It shall be unlawful for any person, partnership, association, company or corporation to
commence, transact or carry on any trade, business, game or amusement, calling, profession or
occupation, as set out in this article, without first having procured a license from the city to do so,
5
or without complying with any and all regulations of such trade, business, game or amusement,
calling, profession or occupation designated in this article.
(B)The practice, transaction or carrying on of any trade, business, game or amusement, calling,
profession or occupation specified in this article without complying with any and all regulations
of such trades, businesses, games or amusements, callings, professions or occupations, contained
in this article shall constitute a separate violation of this article for each and every day that such
trade, business, game or amusement, calling, profession or occupation is practiced, transacted or
carried on.
(C)The granting of a license is not deemed as evidence or proof that the licensee has complied
with the provisions of this article or other provisions of the Apache Junction City Code or Apache
Junction Tax Code, nor shall it stop the prosecution by the city for any violation of the Apache
Junction City Code or Apache Junction Tax Code.
(D)A license shall be required for each business.For instance, if a person, partnership,
association, company, or corporation conducts two separate businesses (i.e., a travel agency and a
blacksmith shop), then two licenses shall be required.This requirement shall be applicable to
situations where two or more businesses are being operated in the same location.
(E)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
and Rules and Regulations prescribed by the Internal Revenue Service.
(F)All transfers of ownership shall be considered to be a new business and, as such, shall be
required to obtain a valid, current business license and pay a fee in accordance with the schedule
for new businesses listed herein.
(G)Any person conducting a taxable business activity shall also obtain a privilege tax or use tax
license and pay the appropriate licensing fees pursuant to the provisions of Apache Junction Tax
Code, Chapter 8A, Article III, Licensing and Recordkeeping
(H)Any federally exempt organization who has unrelated business income as defined in 26
U.S.C. § 512 from any business activity.
§ 8-2-2 ISSUANCE OF LICENSE BY CLERKS; CONTENTS.
(A)It shall be the duty of the clerk, or deputy, to prepare and issue a license under this article for
every person required to pay a license fee hereunder, and to state in each license the amount
thereof, the period of time covered thereby, the name of the person for whom issued, the trade,
business, game or amusement, calling, profession or occupation licensed and the location and place
of business where such trade, business, game or amusement, calling, profession or occupation is
to be practiced, transacted or carried on.
(B)It shall be the duty of the clerk, or deputy, before issuing a license under this article to require
from every applicant a sworn application, on a form to be furnished by the clerk, which shall give
the following information: business trade name, location of business, business mailing address,
business owner, home street address, home telephone number, business telephone number, exact
nature of business, date business began in the city and any other state or federal requirement
6
information, signature of applicant certifying his statements are true and correct and title of
applicant.
(C)If the business is to be located within the city limits, a zoning compliance certificate must be
obtained from the zoning administrator of the city before a license can be issued.
(D)Upon verification by the zoning administrator that the business is in the approved zone, the
clerk may issue a license to the applicant before the formal zoning compliance certificate is
approved by the zoning administrator and that the determination from the zoning administrator
concerning the zoning compliance certificate be forthcoming in a period not to exceed 5 city
business days.
§ 8-2-3 GENERAL RULES.
(A)Any person having a privilege tax or use tax license shall also have a city business license
and shall pay the appropriate license fee if it is found that such person is conducting taxable
business activity within the city unless such business license is prohibited by state or federal law.
(B)No person may apply for a license for another person, and no licensee may allow another
person to use his or her license. All licenses issued hereunder shall be nontransferable and non-
assignable.
(C)A person engaged in or conducting 1 or more businesses at 2 or more locations, or under 2
or more business names shall procure a license for each such location or business name.
(D)A new license is not required when a licensee has an address change; however, such licensee
must provide the city clerk with written certification that the licensee had changed business
locations.
(E)A separate license is not required for each type of business activity provided that the each
type of business activity is conducted by the same person, using the same business name, and at
the same business location. Every person shall have his or her license updated with the city clerk
before engaging in any new business activity.
(F)Should questions arise as to form of business, interpretations of this chapter shall be based
upon form indicia contained in the following: Apache Junction Tax Code, Chapter 8A, Arizona
Revised Statutes; Internal Revenue Code; and rules and regulations prescribed by the Internal
Revenue Service.
(G)All transfers of ownership, including changes in type of business entity, shall be considered
to be a new business and, as such, shall be required to obtain an appropriate license and pay the
required license fee.
(H)An appropriate license shall be displayed in a conspicuous place at each business or operating
location. This division does not apply to persons solely renting, leasing or licensing for use of real
property. Licensees conducting business activity at temporary locations shall have available either
the license or a copy of the license at the temporary location. Every person having a license under
the provisions of this article shall produce and exhibit the license upon demand by any city police
officer or city tax and licensing official.
7
(I)No license issued by the city shall be presumed to apply to any business activity which is a
part of interstate commerce; or which such business activity is conducted as an agency or
department of the United States government for which the government has failed to make
provisions allowing states and municipalities to so license.
(J)The granting of a license is not deemed as evidence or proof that the licensee has complied
with the provisions of this chapter, or other provisions of the Apache Junction City Code, nor shall
it stop the prosecution by the city for any violation of the Apache Junction City Code.
(K)A business license shall be valid for a 12 month period from the month of issue and during
such time period the payment shall not be pro -rated.
§ 8-2-4 PEDDLER REGISTRATION REQUIRED.
(A)Notwithstanding the provisions in Vol. I, § 8-2-1, any person operating as a peddler shall
register with the city clerk and obtain an identification card showing the registration.
(B)Applicants for registration shall be required to furnish 2 recent satisfactory photographs of
the applicant, one to be attached to the applicant's identification 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 $3 each. The city clerk shall
require the applicant to file his or her fingerprint identification with the city clerk's office.
(C)Peddlers applying for 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 the
applicant is qualified to receive an identification card as provided herein.
(D)If approved, issuance of an identification card under the provisions of this article shall be
completed within 15 city business days after the applicant has given the required information.
(E)Identification cards under this article shall be issued upon payment of a $25 registration fee
for each person operating as a peddler and shall be valid for the duration of the related license,
unless the city clerk discovers any of the following:
(1)He or she has a criminal record;
(2)He or she 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.
(F)Identification cards shall be assigned the same status and duration as the person's related
license: active, suspended, canceled or revoked.
(G)Identification cards issued under the provisions of this article may be suspended, cancelled
or revoked pursuant to the provisions of Vol. I, § 8-2-8 subject to hearing and appeal pursuant to
the provisions of Vol. I, § 8-2-10.
(H)Peddlers wishing to continue peddling activities within the city shall apply for a new
identification card upon expiration of the current identification card.
8
§ 8-2-5 APPLICATION TO CITY CLERK.
(A)An application for a license and/or identification card under this article shall be made on
forms furnished by the city. Every application shall be accompanied by an application fee in the
amount provided in Vol. I, § 8-2-6. In the event a license and/or identification card is not issued,
the application fee shall not be refunded but shall be applied to cover the cost of processing the
application.
(B)All licenses shall be valid only for 1 year from the date issued unless renewed each year by
paying the appropriate fee(s) on or before the last city business day of the month prior to the annual
anniversary of the original issuance of such license. Payment for renewal must be received within
the city clerk's office by such date to be deemed filed and paid.
§ 8-2-6 LICENSING; FEES.
(A)The business license fee set out in the following schedule is hereby established for all
business activities.
(B)In addition to the fee in (A) above, for taxable business activities the transaction privilege
tax and use tax license fee shall be as set forth in Apache Junction Tax Code, Chapter 8A, Article
III, Licensing and Recordkeeping.
(C)Notwithstanding any other required fee, all dealers in alcoholic beverages shall submit a $50
non-refundable application fee to the city prior to the council public hearing on the state liquor
license application to cover the cost of conducting such public hearing. This fee shall apply to all
new, owner -transfer, person -transfer, and location -transfer applications.
(D)A massage therapist operating as an independent contractor within the city and not as an
employee of a massage establishment shall obtain shall obtain the appropriate license pursuant to
the provisions of this chapter.
(E)In any action brought under or arising out of any of the provisions of this article, the fact that
the person (defendant) is engaged in any business activity for which a license is required by this
article, or that the party has conducted an advertisement for such activity shall be prima facie
evidence of such party's liability to pay the required fee.
(F)The conviction and punishment of any person for conducting any business activity without a
license shall not excuse or exempt such person from the payment of any license fee due or unpaid
at the time of such conviction.
(G)The fee schedule for licenses issued under this chapter shall be as follows:
Type of License Initial Fee Renewal Fee
Business license (basic)$50 $50
Duplicate or replacement license $25 $25
Non-profit license $0 $0
9
§ 8-2-7 PERMITS; FEES.
(A)Circus and/or carnival businesses must have approval of the director of public safety, and are
required to provide certificate of insurance naming as additionally insured the City of Apache
Junction officials, employees and citizens. A privilege license is mandatory for such businesses.
Applications for such business activities shall be submitted to the city clerk no later than six (6)
city business days prior to the date the event begins.
(B)Notwithstanding the provisions of division (B)above and other requirements deemed
necessary to protect the health, safety and general welfare of the public, circuses and/or carnival
companies operating under the auspices of local non-profit organizations are exempt from the
permit fee prescribed herein.
(C)Persons already in possession of an appropriate license, other than those solely licensed as
peddlers, who wish to operate at temporary locations as defined by Vol. I, § 8-1-1 shall pay a $10
permit fee for each such location. Payment of such fee shall be valid for the term of the license.
(D)Permit fees are in addition to licensing fees detailed in Vol. I, § 8-2-5 and in Apache Junction
Tax Code, Chapter 8A, Article III, Licensing and Recordkeeping. The following permit fees shall
be applied:
RenewalType of Permit Initial Fee Fee
Distiller's permit $225.00 $22.50
Brewer's permit $225.00 $22.50
Winer's permit $225.00 $22.50
Hotel -motel permit to sell all spirituous liquors by individual $450.00 $45.00portions and in the original containers
Hotel -motel permit to sell all spirituous liquors $450.00 $45.00
Hotel -motel permit to sell beer and wine by individual $150.00 $15.00portions and in the original containers
Hotel -motel permit to see beer by individual portions and in $112.50 $11.25the original containers
On -sale retailer's permit to sell all spirituous liquors by $300.00 $30.00individual portions and in the original containers
On -sale retailer's permit to sell beer and wine by individual $150.00 $15.00portions and in the original containers
On -sale retailer's permit to sell beer by individual portions $112.50 $11.25and in the original containers
Off -sale retailer's permit to sell all spirituous liquors $112.50 $11.25
Off -sale retailer's permit to sell beer and wine $112.50 $11.25
10
Off -sale retailer's permit to sell beer $75.00 $7.50
Club permit to sell all spirituous liquors $75.00 $7.50
Restaurant permit to sell all spirituous liquors $450.00 $45.00
Fortuneteller, palmist (with approval of the director of public
safety)$1,200.00 $1,200.00
Sexually oriented business $500.00 $500.00
Each employee 4 a sexually oriented business $100.00 $50.00
Circus/carnival (per day)$300.00 $150.00
§ 8-2-8 DELINQUENCY PENALTY.
(A)When any license fee provided for herein shall become due and unpaid, the same shall
become delinquent and the city clerk shall add thereto a penalty of $25.
(B)No license shall be issued or renewed by the city clerk until the license or registration fees
that are delinquent and the penalties added thereto have been paid in full.
§ 8-2-9 UNLAWFUL ACTIVITIES.
(A)It shall be unlawful for any person to conduct any business or operating activity within the
city without first having procured the appropriate license from the city.
(B)It shall be unlawful for any person to conduct any business activity using a suspended,
cancelled or revoked license.
(C)It shall be unlawful for any person to conduct any business or operating activity within the
city without complying with any and all regulations of such activity designated in this chapter.
(D)It shall be unlawful for any person licensed as provided in this chapter to operate under any
name or conduct business under any designation not specified on such license.
§ 8-2-10 SUSPENSION, REVOCATION AND CANCELLATION OF LICENSE.
(A)An appropriate license shall be suspended for any person who fails to renew the license and
pay the required renewal fee in a timely manner.The suspension period shall not exceed a 90
calendar day period. If the license is renewed with the appropriate payment of renewal fee and
related penalty during the suspension period, the status of the license shall be restored to current.
(B)Licenses issued under the provisions of this chapter shall be cancelled for any of the following
reasons:
(1)License renewal has not been completed within 90 calendar days of expiration;
(2)The licensee notifies the city clerk in writing with appropriate signature that the business
has been closed, sold or moved out of the city; or
(3)The licensee, upon adequate identification, verbally notifies the city clerk that the business
has been closed, sold or moved out of the city.
11
(C)Licenses issued under the provisions of this chapter may be revoked after notice and hearing,
for any of the following causes:
(1)Fraud, misrepresentation or false statement contained in the application for license;
(2)Any violation of this chapter; or
(3)Conducting a business activity in violation of the Arizona Revised Statutes.
(D)Revoked licenses may be reinstated only after the cause of such revocation has been fully
corrected.
(E)A person whose license has been suspended, cancelled or revoked shall be issued a notice to
cease business operations within the city.
§ 8-2-11 NOTICE OF HEARING AND APPEAL.
(A)To suspend or revoke a license, the city clerk shall deliver or mail by certified mail to the
business address as shown by the license application, a written notice that such license is suspended
or revoked. The reason for such suspension or revocation shall be set forth in the notice. The notice
shall also contain the licensee's rights and procedures to appeal such suspension or revocation. A
suspended or revoked license shall be surrendered to the city clerk on demand.
(B)The city clerk shall grant on demand to any licensee whose license has been revoked or
suspended a full hearing on the merits of such suspension or revocation. Appeal of the city clerk's
action to a hearing officer appointed by the city manager, pursuant to division (C) below, shall not
be had prior to the hearing. Demand for hearing shall be made within 10 city business days of
receipt of the city clerk's notice of suspension or revocation, and failure to demand a hearing within
that time will constitute a full waiver. After considering evidence presented at the hearing, the city
clerk shall make a decision to uphold or repeal the license suspension or revocation; and shall
deliver or mail by certified mail to the business address as shown on the license application the
results of the decision.
(C)Any person aggrieved by the city clerk's decision pursuant to division (B) above shall have
the right of appeal to the designated hearing officer. The appeal shall be filed with the city manager
within 14 city business days after receipt of the city clerk's decision. The appeal shall contain a
written statement setting forth fully the grounds for the appeal. The hearing officer shall set a time
and place for a hearing on such appeal and notice of such hearing shall be given to the applicant
in the same manner as provided for notice of hearing on revocation. The decision and order of the
hearing officer shall be final and conclusive, except any person aggrieved may pursue any
appropriate judicial proceedings.
(D)No person may reapply for any license after denial, revocation or non -renewal of such license
unless the cause for such denial, revocation or non -renewal has been removed or corrected.
§ 8-2-12 EXEMPTION.
Any person, partnership, association, company or corporation that has procured and maintained a
valid city transaction privilege tax license for the calendar year 2017 shall not be required to obtain
a city business license until January 1, 2018.
12
ARTICLE 8-8: REQUIREMENTS FOR COMMUNITY AND
CIVIC EVENTS
§ 8-8-1 PURPOSE & INTENT.
This article is intended to regulate community and civic events for the benefit of its citizens and
visitors which enable the city to:
(1) Protect life, health, property and general welfare of the city;
(2) Minimize expenditures of public funds for community and civic events;
(3) Minimize business interruptions during events while promoting business growth and economic
development;
(4) Implement a high profile,proactive approach to local economic development through
public/private partnerships;
(5) Provide a range of community and civic events open to everyone to improve the quality of life
in the city;
(6) Facilitate the redevelopment and revitalization of the downtown and older commercial areas;
(7) Assist the city in implementing its overall economic development goals;
(8) Provide a consistent set of standards for community and civic events;
(9) Compete on an equal basis with other communities for tourism and other economic
development projects.
§ 8-8-2 DEFINITIONS.
For the purpose of this article, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
COMMUNITY EVENT.An activity or gathering not exceeding 4 consecutive days in any
calendar year which is conducted, organized and sponsored by non-profit organizations or for-
profit organizations and is open to all participants on an equal basis.
EVENT.An activity or gathering with the purpose of promoting or benefitting the city and its
residents and/or the sponsoring organizations. An application will be required for any activity or
gathering which meets any of the following criteria:
(1)Use of or impact/encroachment on any city street, sidewalk, alley or other right-of-way area
(which includes any indirect impact that will affect the flow of typical vehicular or pedestrian
traffic) that requires more than one city department approval, or will require the approval of more
than one city department for inspections, assistance or permits.
(2)Is likely to draw a crowd to a venue not properly suited and has the potential to require special
accommodations, regulations, traffic control devices or public works or safety personnel;
(3)Presence or participation of one or more for-profit or nonprofit vendors that intend to make a
sale, advertise for sale, solicit sales, offer for sale, or provides a service or offer/advertise to provide
a service. This provision does not apply to vendors already in possession of a valid city license
issued under this code or city tax code;
13
(4)Activities such as weddings, funerals, private yard sales, car shows or charity car washes shall
not be considered an event.
(5)A programmed event of a city department shall not be considered an event, however if the
event includes vendors that are not already properly licensed with the city, then a fee of $15 per
vendor shall be collected for each event. The city department sponsoring the programmed event
shall be responsible for collecting this fee from each participating vendor. These fees shall be paid
in total to the city no later than 8 working days following the last day of the event.
FOR-PROFIT ORGANIZATION.Any entity or corporation which has been established,
maintained, or conducted for the purpose of making a profit.
NON-PROFIT ORGANIZATIO1V.Any religious, social, fraternal or civic organization which has
been designated as a 501C organization by the Internal Revenue Service and which has a valid
operating license as provided for in Vol. I, Chapter 8 of the city code or the city tax 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.
CIVIC EVENT.An activity or gathering not exceeding 4 consecutive days in any calendar year
which is conducted, organized and sponsored solely by the city or in conjunction with a non-profit
organization, has been approved as such by the council during the annual budget process and which
is open to all participants on an equal basis.
§ 8-8-3 CIVIC EVENT SPONSOR REQUIREMENTS.
(A)A non-profit sponsor of any civic event which includes vendors shall pay a fee of $50 per
day. This fee shall be paid no later than 10 city business days in advance of the first day of the
event. A penalty of $5 per day shall be assessed for each city business day the initial payment is
late beginning with the city business day immediately following the initial deadline. The civic
event fee shall not apply to those events which do not include vendors or city events.
(B)A non-profit sponsor of any civic event shall provide the city clerk with the name, address
and telephone number of the event coordinator or contact person at least 30 city business days in
advance of the event.
(C)The sponsor of any civic event shall obtain a completed vendor application, on a form to be
provided by the city, from each participating vendor and obtain a copy of the vendor's driver's
license for any vendor(s) not already properly licensed with the city. The sponsor 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 8 city business days following the last
day of the event.
(D)Any food truck vendor, as defined in this chapter, that is present at a civic event shall follow
the regulatory process in Article 8-10 of this chapter.
(E)Obtain the city transaction privilege tax or use tax number from the vendor in advance of an
event and verify with the city that it is a valid number. No vendor will be permitted to participate
in the event without a valid city tax license.
14
§ 8-8-4 CIVIC EVENT VENDOR REQUIREMENTS.
(A)All civic event vendors who engage or attempt to engage in a sale at a civic event or who
advertise or solicit services or products shall complete a civic event vendor application in order to
participate in the event. The completed form shall be submitted to the event sponsor.
(B)Non-profit organizations which participate as vendors at civic events shall not be required to
complete an event vendor application if their participation is limited to the distribution of literature
or information relative to their organization.
(C)Massage therapists or healthcare professionals or any students in conjunction with a
recognized school of massage or educational institution as allowable under A.R.S. Title 32 who
wish to participate as a vendor at a civic event shall be permitted to do so as long as such service
is provided by a person holding a valid city business license and who is authorized under A.R.S.
Title 32 to perform massages.
(D)Any food truck vendor, as defined in this chapter, that is present at a civic event shall follow
the regulatory process in Article 8-10 of this chapter.
§ 8-8-5 COMMUNITY EVENT SPONSOR REQUIREMENTS.
(A)The sponsor of any community event which includes vendors shall remit to the city a fee of
$15 per vendor for those vendors not already properly licensed 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 8 city business days following the last day of the event. A penalty of
$5 per city business day shall be assessed for each city business day that the total fee remains
unpaid.
(B)The sponsor of any community event shall provide the city clerk department with the name,
address and telephone number of the event coordinator or contact person at least 30 city business
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 obtain a copy of the vendor's
driver's license for any vendor(s) not already properly licensed with the city. The sponsor 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 8 city business days following
the last day of the event.
(D)Any food truck vendor, as defined in this chapter, that is present at a special event shall follow
the regulatory process in Article 8-10 of this chapter.
(E)Obtain the city transaction privilege tax or use tax number from the vendor in advance of an
event and verify with the city that it is a valid number. No vendor will be permitted to participate
in the event without a valid city tax license.
§ 8-8-6 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 community event vendor
15
application in order to participate in the event. The completed form shall be submitted to the event
sponsor.
(B)Non-profit organizations who participate as vendors at community events shall not be
required to complete a community event vendor application if their participation is limited to the
distribution of literature or information relative to their organization.
(C)Vendors who have an appropriate license shall not be required to pay an additional vendor
fee provided they are engaging in an activity covered by the license.
(D)Massage therapists or healthcare professionals or any students in conjunction with a
recognized school of massage or educational institution as allowable under A.R.S. Title 32 who
wish to participate as a vendor at a community event shall be permitted to do so as long as such
service is provided by a person holding a valid city business license and who is authorized under
A.R.S. Title 32 to perform massages.
(E)Any food truck vendor, as defined in this chapter, that is present at a special event shall follow
the regulatory process in Article 8-10 of this chapter.
§ 8-8-7 TAX LICENSE REQUIRED.
Any vendor participating at a community or civic event who is engaged in a taxable activity shall
be required to obtain a city privilege tax or use tax license as set forth in the Apache Junction Tax
Code, Chapter 8A, Article III, Licensing and Recordkeeping.This license shall be obtained in
advance of the event.
§ 8-8-8 BUSINESS LICENSE AND TAX LICENSE REQUIRED.
No city business license shall be required for a community event or civic event vendor if such
vendor is engaged in hobby or craft sales in which the seller is the creator or non -paid
representative of the creator and for which the gross sales of each hobbyist and craftsman shall not
exceed $3,000 in any twelve (12) month period of time. Such vendors are still required to complete
the vendor application and obtain a city privilege tax or use tax license prior to participating in the
event.
ARTICLE 8-10: MOBILE AND TEMPORARY FOOD AND
BEVERAGE VENDORS
§ 8-10-1 DEFINITIONS.
For the purpose of this article, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
COUNTY HEALTH PERMIT.A Pinal or Maricopa County (according to the location of where
business is being conducted in the city) special event health permit for on -site inspection of
16
temporary food booths, food trucks and mobile food vendors on the day of the event or an annual
food service permit as outlined in Pinal County Environmental Health Services Substantive Policy
Statements; Maricopa County Environmental Services Department Substantive Policy Statements;
the Pinal County Environmental Health Code; or the Maricopa County Environmental Health
Code.
MOBILE FOOD VENDING VEHICLE.A licensed concession trailer or motorized vehicle
suitable for use on a public highway which is equipped and primarily used for the sale of food and
beverage of any kind including prepared, pre-packaged or unprepared, unpackaged food and non-
food sundries specifically related to the mobile food vendor's business.
FOOD VENDING CART.Any wheeled device moved by human power.
MOBILE FOOD VENDOR.Any person or entity, as defined in this chapter, who:
(a) owns, controls, manages, operates and/or leases a mobile food vending vehicle or food vending
cart;
(b) contracts or employs any person to drive, operate, prepare foods, and/or vend from a mobile
food vending vehicle or food vending cart.
OPERATOR.Any person who prepares food and/or sells food, beverages or sundries from a
mobile food vending vehicle or food vending cart or any individual that operates such a vehicle or
cart.
§ 8-10-2 PERMIT.
(A)Required.It is unlawful for any mobile food vendor to conduct business without first obtaining
and maintaining a mobile food vendor permit and all other required licenses, including a privilege
or use tax license, the applicable county environmental health services permit as determined by
Pinal or Maricopa County (according to the location of where business is being conducted in the
city), current food handler's card and identification cards as may be required by this chapter. If a
mobile food vendor has more than one food vending vehicle or food vending cart, multiple permits
shall be required. There shall be no application fee for a mobile food vendor permit.
(B)Application.In addition to the requirements set forth in this chapter and the Apache Junction
Tax Code, applicants for a mobile food vendor permit shall include the following information with
the permit application:
(1) A description of the goods to be sold;
(2) If the applicant is an agent of the business for which the permit will be issued, the name
and address of the agent, if different from the business address, together with credentials
establishing the exact relationships with the mobile food vendor;
(3) A description, license plate number and photograph of the vehicle or cart;
(4)All location(s) from which the applicant intends to conduct business and a permanent
address to which notifications may be sent;
(5) A valid driver's license;
(6) A mobile food vendor shall provide proof of vehicle liability insurance which shall be
maintained during the term of the permit and shall have at least the minimum limits
required by law;
17
(7)A mobile food vendor who conducts business on public property or city right-of-way
shall provide: a) a certificate of insurance naming the "City of Apache Junction" as an
additionally insured party; and b) a signed indemnification and duty to defend and hold
harmless commitment.
§ 8-10-3 MOBILE FOOD AND VENDING OPERATING CONDITIONS.
Mobile and temporary food and beverage vendors who have obtained a permit shall be subject to
the following limitations and conditions:
(A) Mobile vending shall only be permitted to operate on developed,commercially zoned
property and shall not be authorized to operate on vacant lots and shall not impede access to
adjacent businesses;
(B)There shall be an open and operating permanent business on the site in order to accommodate
the sanitary facilities access requirement of the Building Code (i.e, restrooms, trash, recycling,
food waste and grease disposal). The temporary food and beverage vendor must also be able to
use these facilities;
(C)The hours of operation for the vendors shall be limited to the hours that the on -site, permanent
business is open;
(D) The vendor shall secure the permission of the sponsoring business owner;
(E)Vendors/operators of food vending vehicles shall arrange for trash receptacles and will
dispose of all trash during operations and shall keep the area surrounding the mobile food vending
vehicles free of debris, litter and waste;
(F)The temporary food and beverage vendors shall not store the vehicle or cart when the
permanent on -site business is not open unless the operator has the sponsoring business owner's
permission;
(G) Mobile food vending vehicles or carts shall not be stored on the sponsoring business' property,
when not in use, in lieu of placing it in a storage lot or similar facility regardless of the sponsoring
business owner's permission;
(H) Mobile food and beverage vending shall be limited to 96 consecutive hours maximum at each
temporary location;
(I)Signage attached to a mobile food vending vehicle shall not require a sign permit, but must
conform to the signage regulations in the City of Apache Junction Zoning Ordinance. One A -frame
sign or menu board per vehicle or cart is also permitted;
(J)A mobile food vendor or operator shall carry at all times proof of liability insurance, mobile
food vendor permit, county health department permit, food handing card and proof of property
owner approval to be on a given property;
(K) A mobile food vendor or operator may operate on city -owned or leased property, public right-
of-way or city park as part of a civic event;
(L)Mobile food vending shall not be permitted on any city street or public right-of-way unless it
is part of a civic event;
18
(M) Mobile food vendors shall be permitted to operate on private property at any location within
the city when catering a private function and shall not stage the vehicle on public property or right-
of-way.
(N) If the mobile food vendor is charged a fee for the food truck space, the sponsoring business
owner shall comply with city tax code requirements.
§ 8-10-4 PERMIT REVOCATION AND APPEALS.
(A) A mobile food vendor permit shall be revoked by the city clerk's office for any of the
following reasons:
(1)The permittee notifies the city in writing with appropriate signature that the
business has been closed, sold or is no longer operating in the city; or
(2)Fraud, misrepresentation or false statement contained in the application for a
permit;
(3)Any violation of this chapter or the Apache Junction Tax Code; or
(4)Conducting a business activity in violation of the Arizona Revised Statutes.
(B)Revoked permits may be reinstated only after the cause of such revocation has been fully
corrected;
(C)A person whose permit has been revoked shall be issued a notice to cease mobile food vending
operations within the city;
(D) Any person aggrieved by the city's decision to revoke a permit pursuant to subsection (A)
above shall have the right of appeal to a hearing officer designated by the city manager. The appeal
shall be filed with the city manager within 14 business days after receipt of the city's decision. The
appeal shall contain a written statement setting forth fully the grounds for the appeal. The hearing
officer shall set a time and place for a hearing on such appeal and notice of such hearing shall be
given to the applicant. The decision and order of the hearing officer shall be final and conclusive,
except any person aggrieved may pursue any appropriate judicial proceedings;
(E)No person may reapply for any permit after revocation unless the cause for such revocation
has been corrected.
§ 8-10-5 PENALTIES.
Any person violating any of the provisions of this chapter, shall be deemed guilty of a class one
misdemeanor and, shall upon conviction, be punished pursuant to the provisions of the Apache
Junction City Code, Vol. I, Chapter 1:General,Article 1-1:General,§ 1-1-11 Penalty.
19