(A) It shall be unlawful for a person to operate an automated kiosk at any location within the town without obtaining a license pursuant to this chapter.
(B) A license issued pursuant to this chapter is valid for a period of one year from the date of issuance.
(C) The kiosk(s) shall operate only at the location(s) designated on the license. The license shall designate all locations where property belonging to the licensee is processed and stored. Property of the licensee may be processed and stored at locations not designated on the license only with the written and signed consent of the town.
(D) 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 Clerk.
(1) The application shall include, but not be limited to, the following information:
(a) The names, addresses and contact information for all controlling persons and designated agents of the applicant;
(b) All locations within the town at which the applicant intends to operate a kiosk and the number of kiosks that will be at each such location; and
(c) The location(s) where property obtained at the kiosk may be processed and stored.
(2) Fingerprint records are required:
(a) On all new applications, for all applicants and controlling persons; and
(b) For renewal applicants, for any new controlling person(s) for the licensee.
(3) Fingerprints shall be submitted in a form approved by the town. The fingerprints shall be submitted to the state’s 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 Pub. Law No. 92-544. The state’s Department of Public Safety is authorized to exchange this fingerprint data with the United States Federal Bureau of Investigation.
(E) (1) Following receipt of the required documents and fees, all new applications shall be submitted to the town’s Police Department for investigation and criminal record review in accordance with this chapter.
(2) The Police Department, on behalf of the Town Clerk, shall receive and review the criminal history record information resulting from the criminal records check set forth above, 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. Such information shall be used only for the purpose of such evaluation or for the purpose of supporting and defending a denial, non-renewal, suspension or revocation of a license.
(F) Complete renewal applications must be submitted to the Town Clerk no later than 30 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.
(G) 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 fee or the fingerprint records;
(2) The applicant or a controlling person has been convicted during the ten-year period prior to submission of the application of a felony involving trafficking in stolen property, fraud, forgery, theft, burglary, robbery, extortion, conspiracy to defraud, any preparatory offenses of the aforementioned crimes, a felony involving fraudulent or dishonest act or a misdemeanor involving moral turpitude;
(3) The applicant fails to pay the applicable license and reporting fee for a new license when the license is submitted for approval;
(4) The applicant or a controlling person is currently in violation of this chapter, or other provisions of the town code, including, but not limited to, transaction privilege taxes and zoning codes;
(5) The application contains false or misleading information; or
(6) The applicant has a current debt related to any open or closed account maintained or formerly maintained with the town.
(H) A licensee may operate an automated kiosk in the town if the automated kiosk performs all of the functions set forth in this division (H):
(1) Uses a live representative to remotely monitor the automated kiosk during all hours of operation;
(2) Verifies a seller’s identity via a valid motor vehicle operator’s license, valid motor vehicle non-operating identification license, valid armed forces identification card or other valid photo identification, including the serial or identification number of such valid document sufficient to verify the information required to be reported in § 112.03(A) of this chapter;
(3) Secures storage of consumer electronic devices accepted by the automated kiosk and adheres to the storage and retention requirements pursuant to § 112.04 of this chapter;
(4) Captures and stores images during each transaction of:
(a) The seller;
(b) The identification required in division (H)(2) above; and
(c) The consumer electronic device.
(5) Electronically reports all transactions to law enforcement pursuant to § 112.03 of this chapter;
(6) Reads and records ESN, IMEI or MEID, subject to § 112.03(B)(7) of this chapter; and
(7) Only buys consumer electronic devices.
(I) The town shall give written notice of a violation to the licensee or designated agent that may result in the suspension or revocation of the license. The notice shall include a description of the violation, the statutory or code reference, how the licensee can comply with the requirements, a description of the process whereby a hearing may be requested, the time limit for requesting a hearing and a warning that failure to timely request a hearing may result in suspension or revocation of the license. The notice shall be personally served on the licensee or mailed to the licensee’s last known address. Service of the notice shall be deemed complete upon mailing or personal service on the licensee.
(J) The licensee or designated agent receiving a notice under this section may request a hearing pursuant to § 112.06 of this chapter. If the licensee fails to comply with the requirements of this chapter by the date provided in the notice, the town may suspend or revoke the license as provided in this section.
(K) The Town Clerk may suspend a license for a period of time not to exceed 30 calendar days if the town determines that the licensee or the designated agent or a controlling person of the licensee has violated or is not in compliance with any provision of this chapter. During the suspension period, the licensee shall not transact any business through the automated kiosk(s) associated with the suspended licenses. If a fine is associated with the violation that is the basis for the suspension, the suspension may continue beyond the period set forth in this division (K) until such time as the licensee pays the fine.
(L) The Town Clerk may revoke a license issued pursuant to this chapter if the town determines that:
(1) A licensee or designated agent operated the business during a period of time when the license was suspended;
(2) A licensee, designated agent or controlling person is convicted of a felony involving trafficking in stolen property, fraud, forgery, theft, burglary, robbery, extortion, conspiracy to defraud, any preparatory offenses of the aforementioned crimes, a felony involving fraudulent or dishonest act or a misdemeanor involving moral turpitude;
(3) The licensee or designated agent has operated, or has attempted to operate an automated kiosk at a location that is unlicensed;
(4) The town previously issued three or more notices of suspension within a six-month period;
(5) The licensee or designated agent has not complied with a provision of this chapter or has failed to provide information as required by this chapter;
(6) The application fee, license fee, reporting fee or any transaction privilege tax has not been paid; or
(7) The licensee fails to pay outstanding fines or resolve any violations.
(M) It is a violation of this chapter for any person to provide false information on any license application.
(N) It is a violation of this chapter for a person to operate an automated kiosk that either fails to meet all of the requirements in this chapter or when the person does not have a license issued pursuant to this chapter.
(O) If a license is revoked pursuant to this section, the licensee and its controlling person(s) may not apply for a license under this chapter for a period of one year from the date of revocation.
(Ord. 18-07, passed 7-10-2018) Penalty, see § 112.99