HomeMy WebLinkAboutORD713ORDINANCE NO.713
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY
CODE,CHAPTER 8 BUSINESS,BY ADDING ARTICLE 8-8 SPECIAL EVENTS
LICENSING REQUIREMENTS;REPEALING ANY CONFLICTING PROVISIONS;
AND PROVIDING FOR SEVERABILITY.
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,be amended by adding
Article 8-8 Special Events Licensing Requirements,to read as follows:
Article 8-8 Special Events Licensing Requirement
Section 8-8-1 Definitions
Section 8-8-2 Limitations on Special Events
Section 8-8-3 Unlawful Practices of Special Event Sponsors
Section 8-8-1 Definitions
In this article,unless the context otherwise requires:
A."Special Event"means an event not exceeding three consecutive days,in
any calendar year,which is of community -wide interest and open to all
participants on an equal basis.Such special event shall be intended
to promote the community on the whole and not intended to promote any
one organization or the membership thereof.
B."Special Event (Non -Profit)"means a special event as listed in
subsection A above which is sponsored by a federally exempt
organization which has received a determination of exemption under 26
U.S.C.Section 501(c),Section 501(d)or Section 501(e)and rules and
regulations of the Commissioner of Internal Revenue pertaining to same.
Section 8-8-2 Limitations on Special Events
A.Commercial business who wish to participate in any special event or
special event (non-profit)shall be subject to payment of all
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applicable city,county,and State sales taxes and shall comply with
all applicable sales tax regulations in addition to the following fees:
$10.00 fee per event (participation shall be limited to three
consecutive days,three times per calendar year,after which time such
an individual shall be required to obtain a city license as stipulated
under Article 8-5 of this Code.Previously paid fees shall not be
credited towards said license.)
B.I f such a special event is sponsored by a non-profit organization as
defined in this Article,there shall be no fee charged i f such
participant is an individual selling personally made,crafted or
painted items on a casual basis and not a commercial business.After
such non-commercial participant has met the time limits listed in
Subsection A above,such participant shall be required to obtain a city
business license.
Nothing in this section shall relieve any participants (commercial and non-
commercial)of complying with all requirements pertaining to the payment of any
applicable city,county,and State sales tax.
Section 8-8-3 Unlawful Practices of Special Event Sponsors
I t is unlawful for any sponsor of a special event,to include non-profit
organizations,to fail to comply with the requirements of this Article and,in
particular:
A.To fail to inquire of all special event participants of their
compliance with city license and sales tax regulations.
B.To permit any participant to set up at a special event without such
participant having first met all city licensing and sales tax
regulations.
C.To fail to provide to the city a complete list of all special event
participants no less than two working days prior to the date of the
event.Such list shall include the participants name,address,
telephone number,and other information as may be required by the city.
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
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held to be invalid or unconstitutional by any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions thereof.
APPROVED AND ADOPTED THIS 19TH DAY OF DECEMBER ,1989,BY THE MAYOR
AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA.
,1989.SIGNED AND ATTESTED TO THIS 21ST DAY OF DECEMBER
METH BLUNTSCHLY
Mayo-r
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
.r
LE4 1 " L (
City Attorney
ORDINANCE NO.713
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