HomeMy WebLinkAboutORD746ORDINANCE NO.746
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 8-2 AUCTIONS,PAWNSHOPS AND
SECOND HAND DEALERS;ARTICLE 8-4 OPERATION OF BATH HOUSES,
MASSAGE PARLORS AND THERAPY CENTERS;ARTICLE 8-5 BUSINESS
OCCUPATIONAL LICENSE TAX;ARTICLE 8-6 SWAP MEET OPERATIONS
PERTAINING TO REVOCATION AND SUSPENSION OF LICENSES;REPEALING
ANY CONFLICTING PROVISIONS;AND PROVIDINGFOR 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 to read as
follows:
Article 8-2 Auctions,Pawnshops and Second Hand Dealers
Section 8-2-6 Suspension of License:Appeal
Notwithstanding any other provisions of this article,the license of any auction
house,dealer,pawnbroker,or secondhand dealer shall be suspended for one year
upon a showing that the operator of such establishment has been convicted of
violating any of the provisions of Title 44,Chapter 11,Article 3 of the
Arizona Revised Statutes in the conduct of business of such establishment.
The license of any auction house,dealer,pawnbroker,or secondhand dealer may
be suspended for a period not to exceed one year upon a showing that an employee
of such establishment has been convicted of violating any of the provisions of
Title 44,Chapter 11,Article 3 of the Arizona Revised Statutes in the conduct
of business of such establishment.
Operators and employees of an auction house,dealer,pawn broker or second hand
dealer shall be subject to all other license revocation and suspension
procedures as prescribed by Title 44,Chapter 11,Article 3 of the Arizona
Revised Statutes.
Article 8-4 Operation of Bath Houses,Massage Parlors and Therapy Centers
Section 8-4-10 Revocation of License
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A.Whenever the chief of police believes that any licensed operator or
attendant has violated any of the provisions of this article or is not
qualified under this article to hold a license,he may order a hearing.
Such hearing shall be held at a reasonable time and place designated by the
chief of police in a written notice to the licensee.The hearing shall not
be held until at least ten (10)days following actual receipt of the notice
by the licensee.Following such hearing,the chief of police shall reduce
findings of fact to writing and,i f he determines that the licensee has
violated any of the provisions of this article,he shall transmit a copy of
such finding to the clerk,recommending revocation and the clerk may
immediately suspend or revoke such license.
B.A conviction for violation of any of the provisions of this article shall
consitute sufficient cause for immediate suspension or revocation of the
license of such licensee.
Article 8-5 Business Occupational License Tax
Section 8-5-21 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 or refusal to renew shall continue until such violation has been
fully corrected.
B.Licenses issued under the provisions of this article may be revoked by the
clerk 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 article.
3.Conducting a trade,business,game or amusement,calling,profession or
occupation in violation of the Arizona Revised Statutes.
Article 8-6 Swap Meet Operations
Section 8-6-13 Suspension and Revocation
A.The City Clerk shall be authorized to suspend or refuse to renew the license
of any swap meet vendor who is in violation of any provision of this
Article.Such suspension or refusal to renew shall continue until such
violation has been fully corrected.
B.Swap Meet Vendor licenses issued under the provisions of this article may be
revoked by the clerk after notice and hearing,for any of the following
causes:
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1.Fraud,misrepresentation or false statement contained in the
application for license.
2.Any violation of this article.
3.Conducting a trade,business,game or amusement,calling,profession or
occupation in violation of the 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 any court of competent
jurisdiction,such decision shall not affect the validity of the remaining
portions thereof.
APPROVED AND ADOPTED THIS 4TH DAY OF SEPTEMBER ,1990,BY THE
MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA.
SIGNED AND ATTESTED TO THIS 6TH DAY OF SEPTEMBER
NNETH BLUNTSCHL
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
ORDINANCE NO.746
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,1990.
APPROVED AS TO FORM:
ORDINANCE NO.746
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