Temporary business permit.
Art. 5.02 Permits, §§ 5.02.010 - 5.02.130

ARTICLE 5.02. PERMITS

Sec. 5.02.010. 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.

Temporary business means a temporary business use, which occurs for a period of less than six (6) months a year from a temporary location or structure. "Temporary business" shall include peddlers, solicitors and transient merchants.

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.

Special event means an event which:

(1) Is operated in a temporary structure or in the out-of-doors.

(2) Includes, but is not limited to, circuses, fairs, carnivals, festivals, religious revivals, political rallies, vehicle shows and displays, swap meets, rodeos, and similarly recognized temporary activities.

(3) Does not include wedding and funeral ceremonies, elections, private yard sales, car washes, activities exempt under Section 5.02.130 and activities such as retail sales promotions conducted under an existing business permit that could otherwise be lawfully conducted in accordance with the provisions of the zoning restrictions in the district where such promotion takes place.

Sec. 5.02.020. 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 a temporary business permit from the city.

(2) Institutions, organization, enterprises and agencies classified as "Non Business", (i.e. nonprofit organizations) conducting business like activities on a temporary basis 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 issue an exemption of fees under Section 5.02.130.

(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.

Sec. 5.02.030. 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 temporary business is operated, transacted or practiced in the same location by the same person, then 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, two vendors sharing the same location 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.

(5) Does not include fundraising activities by sponsored schools, churches, athletic groups or nonprofit organizations, which have a minimal impact on surrounding properties. The aforementioned fundraising activities do not include activities described in subsection (2) above.

Sec. 5.02.040. Temporary business permit

(1) Issuance of temporary business permit.

(a) The application for a temporary business permit 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. A Personal/Business Background Information Sheet.

4. Complete permanent and local address.

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

6. 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.

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

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

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

10. The length of time for which the permit is desired, including the hours of operation for each day.

11. The location of the proposed use or event.

12. A description of the proposed use or event.

13. A description of what sanitary facilities are available at the location of the proposed use.

14. If the proposed use involves peddlers, solicitors, or transient merchants, the names of all salespersons, and their addresses.

(b) If the proposed use will be conducted on property not owned by the applicant, the applicant is responsible for notifying the owner of the property, where the proposed use will take place, of the intention to conduct a temporary business on said owners property and enlist permission to conduct business on said property.

(c) Upon receipt of a temporary business permit application; the city shall review, verify and process the application, including review by the police and planning and zoning departments, which shall review it to verify that all safety and zoning requirements are satisfied.

(d) If a temporary business permit is issued, it shall indicate the time period for which it is valid. A temporary business permit shall be valid for a period not to exceed six (6) months.

(e) If the temporary business permit involves a special event, the applicant shall be provided with an information sheet listing guidelines for special events. The planning and zoning department and the police department shall have the right to impose conditions on the permit, including but not limited to, conditions relating to insurance, parking, health and sanitation, hours of operation, permissible noise levels, and other public safety concerns.

(2) Fees for the temporary business permit.

Applicants applying for a temporary business permit shall pay a fee to be set by a resolution of the City Council for the period of time stated on the application, not to exceed six (6) months. Such fee shall be due and payable before the temporary business permit is issued.

(3) Renewal of temporary business permit.

Renewal of the temporary business permit is the sole responsibility of the permitee.

Sec. 5.02.050. Refusal to issue permit/ Revocation of permit.

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

(2) A 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;

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

(f) Failure to abide by conditions imposed by the planning and zoning department or the police department, in connection with a temporary business permit involving a special event.

(3) If an applicant or a permittee has not complied with any of the requirements listed above, or if, through a routine criminal background investigation it is discovered that an applicant or a permittee has a criminal background and that background may jeopardize the welfare and safety of the community, the city may immediately refuse to grant a permit or suspend an existing permit. The applicant or permittee shall receive notice by personal service or if personal service cannot be effected, then and in that event, by certified mail of the refusal or suspension. The notice shall contain a statement of the reason(s) for the refusal or suspension.

Sec. 5.02.060. 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. 5.02.070. Exhibition of permit.

Every sponsor of a special event shall post the business permit and the temporary business permit required under this article in a conspicuous location during all hours of the special event.

Sec 5.02.080. Location of restrictions.

No permittee, hereunder, shall have any exclusive right to any location in a public street, nor shall the permittee be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this article, the judgment of a police and/or code enforcement officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. No business activity shall be conducted in an area of the city where such business activity is prohibited by the city's zoning regulations.

Sec. 5.02.090. Permit not transferable.

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

Sec. 5.02.100. 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. 5.02.110. 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. 5.02.120. 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. 5.02.130. Sunset Clause

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