HomeMy WebLinkAboutORD823ORDINANCE NO.823
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 PEDDLERS AT PARADES;REPEALING ANY
CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY.
Be i t 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 Peddlers at Parades,to read as follows:
Article 8-10 Peddlers at Parades
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
8-10-1
8-10-2
8-10-3
8-10-4
8-10-5
8-10-6
8-10-7
8-10-8
8-10-9
8-10-10
8-10-11
Definitions
Registration and License Required
Application to Clerk
Issuance of Registration Cards
Revocation of Registration Cards
Peddling Without Registration Card or License Prohibited
Limitations on Sales
License Fees and Conditions
Insurance Required
Health Permit Required
Suspension and Revocation of License
Section 8-10-1 Definitions
For purposes of this article,"peddlers"shall mean any person operating as a
solicitor,peddler,hawker,salesman or vendor of goods,wares,or merchandise
who offers such goods,wares or merchandise for sale along a parade route while
either walking,bicycling or operating a vehicle such as a wagon or cart.
Section 8-10-2 Registration and License Required
Any person operating as a peddler as defined by this article shall obtain a city
business license,shall register with the city clerk and obtain an identification
card showing such registration.
Section 8-10-3 Application to clerk
A.Applicants for registration under the terms of Section 8-10-2 shall be
required to furnish two recent satisfactory photographs of the applicant,
one to be attached to the applicant's registration card and the other to
be retained by the clerk's office.In the event the applicant is unable
to supply such photographs,photographs will be supplied by the clerk's
office for a fee of $5.00.The clerk shall require the applicant to file
ORDINANCE NO.823
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his fingerprint identification with the clerk's office.
B.Such applicants for peddler registration shall be required to furnish to
the 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 clerk to determine whether or not such
applicant is qualified to receive a registration card as provided in
Section 8-10-4.
Section 8-10-4 Issuance of Registration Cards
A.Registration cards under this article shall be issued upon compliance with
the requirements of this article.
B.The fee for all registration cards issued under this article shall be
$2.50 per year.
Section 8-10-5 Revocation of Registration Cards
Registration cards under this article may be revoked by the city at any time i f
deemed necessary in the interest of public safety and protection.
Section 8-10-6 Peddling Without Registration Card or License Prohibited
It is unlawful for any person to take part in the act of peddling as defined by
this article without having obtained a business license;without having
registered with the clerk's office and obtained a registration card;without
having such card in possession;or failing to exhibit such card when request is
made for the registration card by any person.
Section 8-10-7 Limitations on Sales
A.I t is unlawful for any person or peddler licensed under this article to
erect or maintain any booth,stand or counter on any city right-of-way
which includes but is not limited to sidewalks,streets and alleys.
B.I t is unlawful for any person or peddler licensed under this article to
erect or maintain any booth,stand,counter,wagon,cart or vehicle on any
private property without first having complied with all other applicable
provisions of this code and other regulations as may be adopted by the
city.
Section 8-10-8 License Fees and Conditions
A.Any commercial business not in possession of a current,valid city
business license wishing to participate as a parade peddler shall be
subject to payment of all applicable city,county and state sales tax and
shall comply with all applicable sales tax regulations in addition to
paying the following fees to the city:
$10.00 fee per parade.
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B.Any commercial business in possession of a current,valid city business
license wishing to participate as a parade peddler shall be subject to
payment of all applicable city,county and state sales tax and shall
comply with all applicable sales tax regulations.Such commercial
businesses as stipulated in this sub -section shall not be subject to any
additional city business license fee.
C.Nothing in this section shall relieve any participants as parade peddlers
of any obligation to comply with all requirements pertaining to the
payment of any applicable city,county or state sales tax nor the
requirement to obtain a peddler's registration card.
D.Any applications for a parade peddler as defined by this article shall be
filed not less than six working days prior to the event.
Section 8-10-9 Insurance Required
Any person or entity licensed as a peddler under this article shall provide the
city with proof of insurance coverage for any vehicle that is used in conjunction
with such peddling activities and shall provide the city with an acceptable
certificate of insurance naming the City of Apache Junction,it's officers and
employees as additional insureds.Such coverage naming the city as an additional
insured shall be a minimum of $100,000 per event per occurrence.
Section 8-10-10 Health Permit Required
Any peddler licensed under this article shall obtain any required county health
permits i f selling food or beverage items.
Section 8-10-11 Suspension and Revocation
A.The city clerk shall be authorized to suspend or refuse to renew the
license of any parade peddler 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.Parade peddler 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.
C.The hearing and appeal process of revocation of license shall be the same
as set forth in Section 8-5-22 of this code.
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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 potions thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION
THIS 21ST DAY OF JANUARY ,1992.
SIGNED AND ATTESTED TO THIS 22ND DAY OF JANUARY ,1992.
THOMAS DAMI NO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROV
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C4y Attdiney
ORDINANCE NO.823
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