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ORDINANCE NO.770
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 A NEW ARTICLE 8-9 ENTITLED
SALES WITHIN MOBILE HOME PARKS,RV PARKS,AND MOBILE HOME
SUBDIVISIONS;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:
8-9 Sales Within Mobile Home Parks,RV Parks and Mobile Home
Subdivisions
8-9-1 Definitions
8-9-2 Limitation on Sales
8-9-3 Unlawful Practices of Event Sponsors
8-9-4 Suspension and Revocation
8-9-1 Definitions
In this article,unless the context otherwise requires:
A."Market Days","Country Store","Bazaar Days",etc.,means 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".
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 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.
ORDINANCE NO.770
PAGE 1 OF 3
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 their 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.
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.
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
clerk after notice and hearing,for any of the following reasons:
I .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
ORDINANCE NO.770
PAGE 2 OF 3
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 any court of competent
jurisdiction,such decision shall not affect the validity of the remaining
portions thereof.
APPROVED AND ADOPTED THIS 18TH DAY OF DECEMBER ,1990,BY THE
MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA.
SIGNED AND ATTESTED TO THIS 20TH DAY OF DECEMBER
ATTEST:
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KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
DAVIDcf.'ALEXA
City Attorney
ORDINANCE NO.770
PAGE 3 OF 3
KEONETH BLUNTSCHLY
Mayor
,1990.