(A) License required. It shall be unlawful for a person to operate a mobile food unit at any location within the town without obtaining a license from the town in accordance with this chapter and any other licenses required for the lawful operation of business.
(B) Term; transfer. A license issued or renewed pursuant to this chapter is valid for a period of one year from the date of issuance so long as the mobile food unit is in compliance with this chapter. The license is nontransferable.
(C) Application requirements; procedure. Any person desiring to obtain a new or renewal license must apply to the town by presenting a complete application, the applicable fee, and fingerprint records to the Town Business Licensing Office, located in the Community Development Building at Town Hall, 303 N. Beeline Hwy., Payson, AZ 85541.
(1) The application shall include, but not be limited to, the following information:
(a) The names, addresses, and contact information for the applicant, including all controlling persons and designated agents;
(b) A general description of the goods to be sold by the mobile food vendor;
(c) A description, license plate number, and photograph of the mobile food unit;
(d) A valid driver’s license; and
(e) Copies of required certificate(s) from the health services department at the county.
(2) Fingerprint records are required:
(a) On all new applications, for all applicants and controlling persons; and
(b) On all renewal applications, for any new controlling persons, and for the licensee.
(3) Fingerprints shall be submitted in a form approved by the Town Police Department. The fingerprints shall be submitted to the State Department of Public Safety to be used to obtain a state and federal criminal records check in accordance with A.R.S. § 41-1750 and Public Law 92-544. The State Department of Public Safety is authorized to exchange this fingerprint data with the United States Federal Bureau of Investigation.
(D) Following receipt of the required documents and fees, all applications shall be submitted to the Town Police Department for investigation and criminal record review on behalf of the Town Business Licensing Office. The Police Department shall receive and review the criminal history record information resulting from the criminal records check, including conviction and non-conviction data, of license applicants and controlling persons for the purpose of evaluating the fitness of licensees and controlling persons in connection with the issuance, renewal, suspension, or revocation of a license. The Police Department evaluation and the criminal information obtained shall be used only for the purpose of supporting and defending a denial, non-renewal, suspension, or revocation of a license.
(E) Complete renewal applications shall be submitted to the Town Business Licensing Office no later than 10 calendar days prior to the expiration of a license; otherwise the license shall be deemed expired and non-renewable. If the renewal application is not received as stated above, the licensee shall submit an application for a new license and provide all information and fees required for a new license application.
(F) A new or renewal license shall be issued to an applicant pursuant to this chapter unless:
(1) The applicant failed to provide a completed application, the required application fee, or the fingerprint records;
(2) The applicant fails to pay the applicable license fee for a new or renewal license when the application is approved;
(3) The applicant or a controlling person is currently in violation of this chapter;
(4) The application contains false or misleading information;
(5) The applicant has a current debt related to any open or closed account maintained or formerly maintained with the town;
(6) The applicant or controlling person failed to comply with any federal and state laws, regulations promulgated by the State Department of Health Services or the county, or the Town Code; or
(7) The applicant or controlling person, within the five-year period immediately preceding the submission of the application, was convicted of any of the following:
(a) Felony involving trafficking in stolen property, fraud, forgery, theft, burglary, robbery, extortion, conspiracy to defraud, or any preparatory offenses of the aforementioned crimes;
(b) Felony involving a fraudulent or dishonest act;
(c) Felony involving the sale, manufacture, or transportation of any dangerous drug as defined under A.R.S. § 13-3401, a “violent crime” under A.R.S. Title 13, Chapters 11, 12, 13, or a “sexual offense” under A.R.S. Title 13, Chapter 14, or for conduct in another jurisdiction which if carried out in this state would constitute an offense under one of the statutory provisions enumerated in this division; or
(d) Misdemeanor involving moral turpitude.
(G) Timeframes for issuance of licenses.
(1) Administrative timeframe. Unless the license has already been issued, within 15 days after receiving a license application under this chapter, the town shall determine whether the application is administratively complete, and notify the applicant as set forth in this chapter.
(2) Substantive timeframe. Within 45 days after the town notifies the applicant that the application is administratively complete, the town will complete its substantive review of the license application.
(3) Overall timeframe. Within 90 days after receiving an application under this chapter, the town will grant or deny a license.
(4) Additional information requested. An application is deemed withdrawn if, within 30 days after the date of a request for additional information during the substantive timeframe, the applicant does not supply the requested information or provide justification for delay. On receipt of justification, the town shall allow the applicant 30 additional days to provide the requested information before deeming the application withdrawn.
(5) Except as otherwise provided, the timeframes in this section shall be extended and suspended as provided by state law.
(Res. 3152, passed 7-25-19; Ord. 907, passed 7-25-19; Ord. 907, revised, passed 11-7-19) Penalty, see § 115.99