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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISCONTINUED USE/CESSATION OF USE. A commercial land use shall be considered to be discontinued, or to have ceased operation, when use is not open to the public for retail or wholesale sales a minimum of three days per week for a minimum of four continuous hours per day.
PARK AND SWAP LOT. A building, structure, enclosure, lot or other area into which persons are admitted to display, exchange, barter, buy, sell or bargain for new or used merchandise, goods, food, wares or services. A PARK AND SWAP LOT shall be zoned C2 (commercial) or by permission of a conditional use permit as approved by the Town Council.
PARK AND SWAP MEET. Activity carried on at the park and swap lot and consists of the admitting of any persons into a park and swap lot for the purpose of displaying, exchanging, bartering, buying, selling or bargaining for new and used merchandise, goods, food, wares or services.
PARK AND SWAP MEET OWNER or PARK AND SWAP MEET OPERATOR. The person who controls the admission directly, or through agents, of persons and merchandise into the trading area.
PARK AND SWAP MEET PARTICIPANT OR VENDOR. Interchangeable. Any person who is in the business of providing services or who brings goods, wares, food or merchandise, both new and secondhand, to a park and swap meet for the purpose of displaying, exchanging, bartering, buying, selling or bargaining said goods, wares, food, merchandise or services.
TEMPORARY VENDING STRUCTURE. A constructed or erected structure set up by any person holding a vendor’s license or permit which structure is intended for use for a period not to exceed 180 days and which is readily movable.
(Prior Code, § 8-1-1)
Any person operating as a park and swap meet participant or vendor in the town shall register with the town and obtain either a vendor sales permit or a special event vendor’s sale permit.
(A) A vendor sales permit shall be effective for 180 days.
(B) A special event vendor sales permit shall be valid for a period not to exceed three consecutive days and shall be issued only in connection with a town-approved event.
(Prior Code, § 8-1-2)
(A) A vendor sales permit issued under the provisions of this subchapter shall be displayed in a conspicuous place. This issued permit shall be effective for 180 days. The person obtaining the permit or license shall designate the 180 days and said term may be extended on written application to the town for one additional period of up to 30 days for an additional fee. Said request for extension must be submitted within ten days prior to the expiration of the original permit or license. The permit or license holder shall be entitled to place a temporary vending structure on the location given in the vendor’s permit, subject to the restriction that all temporary vending structures shall be subject to applicable zoning regulations and such other regulations as are then in force and effect within the town.
(B) A special event vendor safes permit issued under the provision of this subchapter shall be displayed in a conspicuous place. The issued permit shall be effective for three consecutive days for a specific location. There shall be no extension or relocation permitted.
(C) The permit holder shall be entitled to commence business subject to the restriction that the permit holder shall comply with all ordinances, statutes and regulations required by federal authorities, state agencies, the county and the town.
(D) In the event that a person or organization is doing business under a vendor sales permit and wishes to move to a new location, they shall pay only the original vendor sales permit fee. This one permit fee entitles the holder to move to any park and swap lot within the town, but requires notification to the town of the new location.
(Prior Code, § 8-1-3) (Res. 03-13, passed - -2003)
It shall be the duty of the Town Manager, or such representative of the town as may be designated by the Town Manager, to require and obtain from every applicant purchasing a vendor sales permit the following information:
(A) Name of business;
(B) Owner’s name;
(C) Permanent mailing address;
(D) Vehicle description and license plate number;
(E) Description of business activity and merchandise sold;
(F) Verification of Arizona resale tax number;
(G) Specific location in the town where business is to be conducted;
(H) Valid driver’s license or valid identification number; and
(I) RV sale must have MVD off-site sales permit.
(Prior Code, § 8-1-5) (Ord. 07-18, passed - -2007)
(A) (1) A fee of $50 shall be charged for each vendor sales permit. Council may change these fees and adopt regulations affecting this chapter by resolution. Fees collected by the town for vendor sales permit shall be designated a separate fund accounting code.
(2) A fee of $15 shall be charged for a 30-day extension period on a vendor sales permit.
(3) A fee of $15 shall be charged for each special event vendor sales permit.
(4) Council may change these fees and adopt regulations affecting this chapter by resolution. Fees collected by the town for vendor sales permit extensions and special event vendor sales permits shall be designated a separate fund accounting code.
(B) (1) If a vendor is found to be doing business without a valid town permit, it is within the discretion of the town’s Code Enforcement Official to offer an alternative to the immediate issuance of a criminal citation as outlined in § 111.99(B) of this chapter. The fee schedule shall be the following in these circumstances:
(a) First offense: immediate purchase as applicable of a vendor sales permit at the current fee of $50, plus a penalty of $50 for a total amount of $100; purchase of an extension vendor sales permit at the current fee of $15, plus a penalty of $15 for a total amount of $30; purchase of a special event permit at the current fee of $15, plus a penalty of $15 for a total amount of $30;
(b) Second offense: immediate purchase of a vendor sales permit at the escalated permit fee and penalty of $200; purchase of an extension vendor sales permit fee at the escalated permit and penalty of $60; purchase of a special event permit fee at the escalated permit and penalty of $60; and
(c) Further offenses: each additional violation thereafter shall result in a doubling escalation of the permit fee and penalty.
(2) Each violation shall be cumulative and escalation for additional violations shall follow the vendor license to license. If, in a subsequent license, additional violations are committed by said vendor, the prior violation from the preceding license shall be used as prior offenses in calculating the amount to be paid for the permit and penalty above and in applying the penalties set forth above.
(3) At any time such permit and penalty is not immediately paid or at the discretion of the town’s Code Enforcement Official, the vendor shall be criminally cited for vending without a license pursuant to § 111.99(B)(1) of this chapter.
(Prior Code, § 8-1-6) (Res. 99-01, passed - -1999; Res. 03-13, passed - -2003; Res. 07-20, passed - -2007)
(A) (1) It shall be unlawful for any vendor to commence, transact or carry on any trade, calling, profession or occupation, as set forth in this subchapter, without first having obtained a valid vendor sales permit or special event vendor sales permit from the town.
(2) Furthermore, the vendor shall comply with any and all licensing and regulation of such trade, business, calling, profession or occupation as may be required by the federal authorities, state agencies, the county and the town.
(B) The practicing, transaction or carrying on of any trade, business, calling, profession or occupation specified in this subchapter without complying with any and all regulations, statutes or ordinances of the government entities as stated above, shall constitute a violation of this subchapter.
(C) The granting of a vendor sales permit or a special event vendor sales permit is not deemed as evidence of proof that the vendor has complied with all provisions of this subchapter, nor shall it stop the town in seeking remedy for any violation of this subchapter.
(D) The fact that a person or organization is engaged in any business which, pursuant to this subchapter requires a vendor sales permit, or that such person or organization has exhibited a sign indicating such business is being pursued shall be prima facie evidence of the responsibility of such person or organization to pay a vendor sales permit or a special event vendors sales permit fee.
(E) In any criminal or action brought for the violation of any of the provisions of this subchapter, in the absence of evidence by the defendant otherwise, it shall be presumed that no vendor sales permit or a special event vendor sales permit has been issued and the burden of proof as to the issuance of the permit shall be upon the defendant.
(F) It shall be unlawful for any park and swap meet owner or park and swap meet operator to permit a park and swap meet participant or vendor to commence, transact or carry on any trade, calling, profession or occupation within his, her or their park and swap lot without the appropriate license.
(Prior Code, § 8-1-7) Penalty, see § 111.99
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