For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADVERTISEMENT. The attempt by publication, dissemination, solicitation, signage or circulation to induce directly or indirectly any person to enter into any transaction with persons conducting business activities within or outside the city.
APPROPRIATE LICENSE. A privilege tax or use tax license that has been issued pursuant to the provisions of Apache Junction Tax Code, Chapter 8A, Article III, Licensing and Recordkeeping; or a business or non-profit license that has been issued pursuant to the provisions of this chapter.
A.R.S. Arizona Revised Statutes.
BUSINESS ACTIVITY. To practice, transact or carry on any trade, business, game or amusement, calling, profession or occupation, or the renting, leasing or licensing for use of real property with the object of gain, benefit or advantage.
BUSINESS LICENSE. A license issued to a person conducting a business activity within the city.
CARNIVAL COMPANY. A collection of shows, exhibitions, feats of strength, merchandise booths, games of skill, fortunetelling, games of chance,
wheels of fortune or any other amusement device presented or offered upon the streets or vacant property within the city, other than circuses, animal shows or side shows with circuses.
CASUAL ACTIVITY or SALE. A transaction of an isolated nature made by a person who neither represents himself or herself to be nor is engaged in a business activity. CASUAL ACTIVITY never includes the sale, rental, leasing or licensing for use of real property; nor does it include the sale of merchandise purchased or manufactured for the purpose of resale.
CITY. The City of Apache Junction.
CLERK. The City Clerk or designee.
DEPARTMENT OF PUBLIC SAFETY. The department within the city responsible for the protection of life and property and for the enforcement of the laws of the State of Arizona and the City of Apache Junction.
FORTUNE TELLER. A person who purports to have the ability to predict a person’s future by palmistry, using a crystal ball or cards, or similar methods.
LICENSE. A business or non-profit license.
LOCATION. A place of a separate business establishment, but licensing does not apply to persons solely renting or leasing residential real property.
MASSAGE ESTABLISHMENT. Any place of business or establishment conducting business activity wherein any massage therapy techniques are administered, practiced or used.
MASSAGE THERAPIST. An individual who is either licensed or specifically exempted under A.R.S. Title 32, Chapter 42.
MERCHANDISE. Any new or used object, wares, goods, commodities, personalty and intangibles, real estate, amusements, food concessions or services.
NON-PROFIT BUSINESS. A person who is either:
(1) A federally exempt organization which has received a determination of exemption under 26 U.S.C. § 501(c); or
(2) The federal government, the State of Arizona, any other state or any political subdivision, department or agency; or
(3) A public educational entity operated pursuant to any provision of A.R.S. Title 15.
NON-PROFIT LICENSE. A license issued to a person conducting non-profit activities within the city.
NON-TAXABLE BUSINESS ACTIVITY. A person conducting business activity within the city, the income of which is not taxable in whole or in part pursuant to any section in Apache Junction Tax Code, Chapter 8A, Article IV, or which meets the provisions of Apache Junction Tax Code, Chapter 8A, § 8A-460(c)(4).
PEDDLER. Any person operating as a solicitor, peddler, hawker, salesperson, vendor of goods, wares, merchandise, newspapers, magazines or services, and who goes from door-to-door, business to business, or to only one door or business in the city; or who offers such items for sale along a parade route or on real property other than their own.
PERSON. An individual, firm, partnership, joint venture, association, corporation, estate, trust, receiver, syndicate, broker, limited liability company, the federal government, this state, any political subdivision or agency of this state, or such person’s legal representative. PERSONS affiliated through common ownership, or where one person owns another person, are considered separate PERSONS for licensing purposes.
PREMISES. Any building, structure, lot or other area at which business activity is conducted. When the premise involves a building or structure, that premises shall include all outside areas including the parking lot.
PRIVILEGE LICENSE. A license issued pursuant to the provisions of Apache Junction Tax Code, Chapter 8A, Article III, Licensing and Recordkeeping to a person conducting taxable business activity within the city.
SALE. A transaction of any type where the title or ownership of tangible personal property or real property exchanges hands for a consideration of any type; or where the promise or completion of a service is exchanged for a consideration of any type.
STREET BALLYHOO. Any person advertising by means of any vehicle containing amplifiers, phonographs, loudspeakers, music rolls, microphones, broadcasting, radio, public address system or music of any description, operating upon the public streets or public grounds of the city.
TAXABLE BUSINESS ACTIVITY. A person engaged in business within the city, the income of which in whole or in part is taxable pursuant to any section in Apache Junction Tax Code, Chapter 8A, Article IV.
TEMPORARY LOCATION. Operating the same kind of business, for which a business license has been issued, at such location for no more than 7 consecutive days, except that mobile and temporary food and beverage vendors shall be limited to the times as set forth in Article 8-10 of this code.
VALID. Any license subject to the provisions of this chapter that has not expired or has not been suspended, cancelled or revoked.
VENDOR. Any person soliciting or making a sale, or causing any advertisement for a product or service.
ZONING ADMINISTRATOR. The city official who initially determines zoning and land development compliance, as appointed by the development services director.
(Ord. 1450, passed 9-19-2017)