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HomeMy WebLinkAboutORD793ORDINANCE NO.793 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 8-10 CART VENDORS;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 a new Article 8-10 Cart Vendors,to read as follows: Article 8-10 Cart Vendors Section 8-10-1 Section 8-10-2 Section 8-10-3 Section 8-10-4 Section 8-10-5 Section 8-10-6 Section 8-10-7 Section 8-10-8 Section 8-10-9 Section 8-10-10 Section 8-10-11 Section 8-10-12 Definitions License Required Fees Schedule;Transferability Separate License Required for Separate Places of Business; License Use on a Temporary Basis Limitations and Conditions on License Certificate or Permit from Health Department Display of License;Termination Taxes Delinquent;Penalty Suspension and Revocation Notice of Hearing and Appeal Penalty Compliance with Article 8-5 Section 8-10-1 Definitions "Cart Vendor"shall mean anyone engaged in the business of selling or displaying for sale any food and/or beverage items on a temporary basis utilizing a cart. Section 8-10-2 License Required A.I t shall be unlawful for any person to operate a cart vendor business,as listed and defined in this article,without first having obtained a license to do so.The licensee shall also be responsible for obtaining State,City and other applicable sales tax licenses and for paying all applicable taxes. B.The practicing,transaction or carrying on of any cart vendor business, without complying with any and all regulations of such business contained in this article shall consitute a separate violation of this article for each and every day that such business 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 ORDINANCE NO.793 PAGE 1 OF 5 provisions of the Apache Junction City Code,nor shall i t stop the prosecution by the city for any violation of Apache Junction City Code. Section 8-10-3 Fee Schedule;Transferability A.The business occupational license tax as set out in the following schedule is hereby established for any cart vendor and shall be paid by each person, partnership,association,company or corporation who shall practice, transact,carry on or engage in such business.The license tax set out herein shall be based on a twelve month period,and shall be due and payable on or before the last day of the month,twelve months from the month of issuance,and shall be renewable each twelve month period thereafter.The schedule shall be as follows: INITIAL FEE:$45.00 RENEWAL FEE:$35.00 B.All transfers of ownership shall be considered to be a new business and,as such,shall be required to obtain a valid,current license and comply with all requirements of this chapter. Section 8-10-4 Separate License Required for Separate Places of Business; License Use on a Temporary Basis A.Cart Vendor businesses already in possession of a valid,current city business license as stipulated in Section 8-10-3 shall be permitted to operate only that business described in such license at other locations within the city limits.Such temporary locations shall be permitted only as authorized by current zoning,health,tax and license regulations,and such business shall comply with all applicable zoning,health,tax and license regulations. B.Businesses already in possession of a valid,current city business license, other than those solely licensed as peddlers,which wish to operate at additional temporary locations as defined by Section 8-5-1 of this code shall comply with all applicable sales tax regulations in addition to the following fees: $10.00 per temporary location with said license to be issued for a period of twelve consecutive months from the date of issue. Section 8-10-5 Limitations and Conditions on License Any such cart vendor license issued under Sections 8-10-3 or 8-10-4 shall be subject to the following limitations and conditions: A.Cart vendors shall only be permitted to operate on developed,commercially zoned property.Cart vendors shall not be authorized to operate on vacant lots. B.That there be an open and operating permanent business on the site in order to accommodate the sanitary facilities access requirement of the building code.The cart vendor must also be able to use these facilities. ORDINANCE NO.793 PAGE 2 OF 5 C.That the hours of operation for the cart vendor be limited to the hours that the on -site,permanent business is open. D.That the cart vendor secure the permission of the property owner and the sponsoring business owner. E.That the number of cart vendors be limited to one per open,permanent business. F.That no cart vendor shall operate within three hundred feet of a like business selling the same item(s)and in the same form or within three hundred feet of another vendor. G.That the space occupied by the temporary cart or vehicle not exceed sixteen square feet total,that the cart be non -motorized and that i t be approved by the Pinal County Health Department. H.That the cart vendor be responsible for keeping the area clean of any litter or debris resulting directly from the business. I .That the cart be removed when the permanent on -site business is not open. J.That the cart vendor be prohibited from operating within six -hundred feet of a school.In those cases where a school prohibits such activities within a distance in excess of six -hundred feet,the greater distance shall prevail. Section 8-10-6 Certificate or Permit From Health Department Required Where any business as set forth in this article is subject to a certificate of health or sanitary examination,before any license is issued,the applicant must produce such certificate or permit from the County Health Department,as provided for in A.R.S.Section 36-136 as amended. Section 8-10-7 Display of License;Termination A.Every person having a license under the provisions of this article of business shall keep such license openly posted and exhibited while in force, in some conspicuous part of such place of business.Every person having such a license and not having a fixed place of business shall carry such license with him at all times while carrying on the business for which the license was granted.Every person having a license under the provisions of this article shall produce and exhibit such license whenever requested to do so by any police officer or license inspector. B.Every licensee shall notify the clerk,in writing,of the termination of his business either before the termination date or within ten days thereafter. Section 8-10-8 Taxes Delinquent;Penalty A.When any license tax provided for herein shall become due and unpaid for at least twenty days,the same shall become delinquent and the clerk shall, commencing on the twenty-first day,add thereto a penalty.Thise penalty shall accrue based on the number of days the license remains delinquent in accordance with the following schedule: ORDINANCE NO.793 PAGE 3 OF 5 21 days -30 days 31 days -45 days 46 days -60 days 61 days -90 days $10.00 $15.00 $25.00 $50.00 B.No license shall be issued by the clerk until the license taxes that are delinquent and the penalties added thereto have been paid in full. Section 8-10-9 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 business in violation of the Arizona Revised Statutes. Section 8-10-10 Notice of Hearing and Appeal A.Notice of the hearing for revocation of license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing.Such notice shall be mailed,postage prepaid,certified mail to the licensee at the address shown on the application for license at least ten days prior to the date set for hearing. B.Any person aggrieved by the denial of an application for license as provided herein or the decisions with reference to the revocation of a license shall have the right of appeal to the council.Such appeal shall be taken by filing with the council,within fourteen days after notice of the action complained of has been mailed to such person's address shown on the application for license,a written statement setting forth fully the grounds for the appeal.The council 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 council in such appeal shall be final and conclusive,except any person aggrieved may pursue any proper judicial proceedings. Section 8-10-11 Penalty A.Any person,firm,company or corporation violating any of the provisions of this article,shall be deemed guilty of a misdemeanor and,i f no other punishment is provided herein,shall upon conviction,be punished by a fine of not to exceed one thousand dollars or by imprisonment not to exceed six months in the city or county jail or by both such fine and imprisonment. ORDINANCE NO.793 PAGE 4 OF 5 B.When an act or omission to act is declared by this article to be unlawful and no penalty for the offense is prescribed by this article,the act or omission to act is punishable as a misdemeanor by a fine of not to exceed one thousand by imprisonment for not to exceed six months,or by both such fine and imprisonment.Each day that a violation continues shall be a separate offense punishable as hereinabove described. Section 8-10-12 Compliance with Article 8-5 Cart vendor business as licensed under this Article shall also be subject to the general terms and provisions of Article 8-5 of this Code as they relate to other licensed businesses. 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,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 2ND DAY OF JULY ,1991,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 9TH DAY OF JULY ilkAAA;LA:1"...cs' ,1991. THOMAS DAM IANO Mayor ATTEST: ,etyy€4, KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: nAvan r -litirvAmme-oNu n V 1./I •f1L-L.AMIL/ City\Attorney ORDINANCE NO.793 PAGE 5 OF 5