Chapter 5

BUSINESS
Art. 5.01 Permits, §§ 5.01.010 - 5.01.130

ARTICLE 5.01. PERMITS

Sec. 5.01.010. Definitions.

In this article, unless the context otherwise requires:

Business means any trade, calling, profession, or occupation, which regularly provides goods and/or services within the corporate limits of the City of Willcox. "Business" does not include schools, churches, athletic groups, non-profit organizations, persons fulfilling work under a warranty or professionals performing work within their profession, on an itinerant basis, within the city limits of Willcox who are licensed by the State of Arizona.

(1) Permanent business means a business use, which occurs for a period of more than six (6) months a year.

(2) Home based business means a business operated in the confines of a residence.

Person means an individual, firm, partnership, joint venture, association, corporation, or any other group, organization, or entity acting as a unit in the plural as well as the singular number.

Regularly means at least once a month.

Sec. 5.01.020. Permit(s) required.

(1) It shall be unlawful for any person to operate a business, either from a permanent structure or a mobile structure or by personal solicitation or contact, or to conduct a special event, without complying with the regulations specified in this article and obtaining an annual business permit from the city.

(2) Institutions, organizations, enterprises and agencies classified as "Non Business", (schools, churches, athletic groups or nonprofit organizations) conducting business like activities, are required to obtain a permit in order to collect documentation of exempt status and vital business statistics utilized in development of a community business profile. Upon receipt of an application from "Non Business" enterprises the city will review the application and determine if the applicant qualifies to be issued an exemption of fees under Section 5.01.110.

(3) It shall be unlawful for any person to operate or conduct a temporary business or special event without first obtaining a temporary business permit (Reference Temporary Business permit Article 5.02).

Sec. 5.01.030. General requirements.

(1) A separate permit must be obtained for each branch establishment or location where a business is conducted.

(2) When more than one business is operated, transacted or practiced in the same location by the same person, only one permit shall be required for such person.

(3) When more than one business is operated, transacted, or practiced in one location by a person other than the primary person, a separate permit shall be obtained for each person conducting such business. For example, for construction jobs, the general contractor and each subcontractor will be required to obtain separate permits.

(a) Exception: In the case of an establishment in which merchandise, goods and services are placed on consignment by persons and where the primary person is issued the state tax ID license and accepts responsibility for collection and payment of all taxes on transactions subject to said taxes, the primary person is responsible for obtaining business permit for said business.

(4) For special events, only the sponsor of the primary event shall be required to obtain a permit and temporary business permit. The city council, however, may require all vendors participating in the event to obtain a permit if it is deemed necessary for preserving the general health, welfare and safety of the community (Reference Temporary Business permit Article 5.02)

Sec. 5.01.040. Business permit.

(1) Issuance of business permit.

(a) It shall be the duty of the Office of Finance and Budget to provide the appropriate application form and to prepare and issue a business permit under this article for every person liable to obtain such a permit hereunder. If the proposed use involves a temporary business or a special event, the finance department shall also provide the applicant with a temporary business permit application.

(b) The business permit application shall include, but not necessarily be limited to, the following information:

1. Name of business.

2. Name of applicant and relationship to the business or entity.

3. Complete permanent and local address.

4. A brief description of the nature and type of the business.

5. List of the type of product(s) produced, sold or the service(s) rendered. Specify if the materials and products will include flammable or toxic materials.

6. If business is a corporation, the state where incorporated and provide the name and address for the Arizona statutory agent.

7. Provide names and addresses of officers/owners of the business.

9. The length of time for which the right to do business is desired.

10. If applicable, state sales tax number and a copy of the applicant's Arizona transitional sales tax license or documentation of exemption.

11. If applicable, the licensing information for all businesses, trades and professions licensed by the county, state or national certification.

12. Registration number or copy of any other license deemed necessary to conduct business (health, state, local or national certification, etc…).

(c) Upon receipt of a completed business permit application, the city shall:

1. Review, verify and process the application.

2. Forward the application to the planning and zoning department, which shall review it, to verify that all zoning requirements are satisfied.

3. Once the city has reviewed and verified the application and planning and zoning has given clearance to the Office of Finance and Budget, the permit shall be issued within a period of seventy-two (72) hours (three (3) working days).

(2) Payment and renewal of business permit.

(a) A person applying for a business permit under this article shall pay an initial processing fee, of twenty-five dollars ($25.00) and thereafter an annual renewal fee of twelve dollars ($12.00).

(b) All permanent business permits shall be renewed on an annual basis. The permitee shall file with the City a renewal form supplied by the city, no later than the first working day of January of each year, with current information. Permits not filed by that date will be suspended and a new permit and processing fee will be required. If there are no changes in the information that the permitee provided to the city the previous year, the permitee may check the box next to "No changes in information provided last year."; sign the renewal application and submit it to the city.

(c) A new business permit fee shall become due and payable on or before the day of commencement of the business or event for which a permit is required.

(d) A person who has an existing business permit and changes the type or nature of business or the ownership of business shall be required to apply for and obtain a new business permit.

Sec. 5.01.050. Home Based Permit

(1) An approval for a Home Based permit is required prior to issuance of a Business Permit.

(a) The total number of employees other than family members shall not exceed one full-time (40 hours per week) employee or equivalent.

(b) The home occupation may not involve the use of more than one (1) additional building. Yard space may not be used for storage or activities outside the dwellings not normally associated with residential use, unless approved by city planning and zoning.

(c) One commercially licensed vehicle.

(d) The home occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the building from that of a dwelling.

(e) All signs must comply with the city sign ordinance (Title 17 Section 17.08.550 Signs).

(f) Not more than the equivalent of 25% of the ground floor area of the dwelling may be devoted to home occupation.

(g) Entrance to the home occupation from the outside shall be the same entrance normally used by the residing family, except when required otherwise by regulation of the State Health Department or other public agency.

(h) The physical appearance, traffic and any other activities in connection with the home occupation may not be contrary to the objectives and characteristics of the one in which the home occupation is located.

(i) The home based business shall not be operated in such a manner as to be a safety or fire hazard; nor shall there be emitted into the atmosphere smoke, soot, dust, radiation, odor, noise, heat, glare, toxic fume or other condition that would be deemed harmful to the neighborhood in which the business is operated.

(j) A home based business may be open for business during the hours of 7:00 am to 9:00 pm. Surrounding neighbors may need to be notified if hours of operation are extended.

Sec. 5.01.060. Refusal to issue permit/ Revocation of permit.

(1) The City shall have the authority to refuse to issue a new business permit if the person applying for the permit fails to comply with the requirements of this article.

(2) An existing business permit issued under the provisions of this article may be revoked by the City for any of the following reasons:

(a) Fraud, misrepresentation, or false statement made in the course of applying for a permit;

(b) Judicial finding of fraud, misrepresentation, or false statement made in the course of operating the business;

(c) Any violation of this article;

(d) Judicial finding that the permittee conducted a business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public; and/or

(e) Failure to comply with term or condition of approval as specified in the permit application, such as but not limited to, building permits, tent permits, signage schedules, and development.

Sec. 5.01.070. Appeal

(1) Within five (5) days from the refusal or suspension an applicant or a permittee may request an appeal from the refusal or suspension of a permit.

(2) A date for a hearing shall be set, within ten (10) days of the request for an appeal from the refusal or suspension. A Willcox City magistrate shall conduct the hearing.

(3) Within three (3) days after the hearing, the courts findings shall be sent to the applicant or permittee by certified mail

Sec. 5.01.080. Exhibition of permit.

Every permittee operating a business at a fixed location shall keep such permit posted and exhibited, while
in force, in some conspicuous part of the place of business. Every permittee not having a fixed place of business shall carry the permit with him at all times while operating that business for which the same was granted.

Sec. 5.01.090. Permit not transferable.

No permit issued under the provisions of this article shall be assignable or transferable to any other person.

Sec. 5.01.100. Change of place of business.

No permit issued under the provisions of this article shall apply to any business location other than the location designated in the permit application.

Sec. 5.01.110. Exemption; fees.

Any organization operated exclusively for educational, religious, charitable public service, fraternal or other non-profit purposes and having a permanent address within the confines of Cochise County may be exempted from the provisions of this article.

Sec. 5.01.120. Penalties

A violation of this ordinance shall constitute a petty offense. Each day that a person is in violation of this ordinance may constitute a new offense.

Sec. 5.01.130. Sunset

The business permit ordinance will terminate December 31, 2008, unless otherwise extended by action of the Willcox City Council.