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ARTICLE II.
PEDDLERS*
PEDDLERS*
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* Editors Note: Ord. No. 10041, § 1, adopted Sept. 20, 2004, amended Art. II in its entirety to read as herein set out. Former Art. II, §§ 7-26--7-40, pertained to similar subject matter, and derived from Ord. No. 4677, § 1, adopted June 27, 1977; Ord. No. 8129, §§ 1, 2, adopted Sept. 27, 1993; Ord. No. 8195, § 1, adopted Jan. 24, 1994.
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The term:
(1) "City property" means all real property owned by the city, except the right-of- way.
(2) "Director" means the director of the department of finance.
(3) “Peddler” means a person selling merchandise or food products from a temporary, fixed location by means of a motor vehicle, towed vehicle, pushcart, or apparatus that displays merchandise or food for sale that can be removed on a daily basis and who is not licensed pursuant to another provision of the Tucson Code. Such term does not include an operation and vendors which are approved to sell merchandise or food within an area permitted by the Unified Development Code or approved by the zoning administrator, or other city official designated by the director of Planning and Development Services, pursuant to the Unified Development Code.
(4) "Peddler operation" means the area designated by the peddler on the site plan required by sections 7-27(b)(5) and (6) as the area in which the peddler will conduct business. Unless such area is physically demarcated at the site, it shall be assumed that, for purposes of measuring the distance between the operation and the nearest residential property, other peddler operation, or right-of-way, the boundary of the operation is the outer edge of the property being occupied by the peddler's personal property or customers' vehicles.
(5) "Site" means the tax parcel of the property for private property or location or address of the property for city property or right-of-way.
(Ord. No. 10041, § 1, 9-20-04; Ord. No. 10054, § 1, 9-27-04; Ord. No. 10141, § 1, 4-12-05; Ord. No. 12060, § 5, 11-28-23)
(a) In general. It shall be unlawful for a person to operate as a peddler unless such person has received a license from the director.
(b) License application. Any person desiring to obtain or renew a peddler's license shall file an application with the director. In renewing a license, the peddler need only update any information that changed since the previous license was issued. Such application shall contain the following information:
(1) The full legal name, date of birth, and residence address of the applicant.
(2) The address or location where the applicant intends on conducting business. If the applicant is applying for a license for more than one location, each address or location where the applicant intends on conducting business.
(3) If the applicant intends on conducting business on private property, notarized authorization from the owner or the owner's agent giving the applicant permission to conduct business at each location. Such authorization shall be on a form provided by the director. If the applicant is applying for a license for a site on an improved lot that does not show compliance with parking requirements, but is seeking approval of the site pursuant to paragraph (6), the authorization form must indicate the hours of operation of all established businesses on the site. Such form must be updated by the applicant due to any change in the hours of operation of any such business.
(4) If the applicant intends on conducting business on city property, written authorization from the director of the department having control over such property.
(5) If the applicant intends on conducting business on an unimproved lot, a site plan approved by the director of the department of development services showing conformance with the requirements of this article. The plan need not be professionally prepared but shall be drawn showing the dimensions of the site, available parking, location of entrances and exits, and where the peddler's vehicle will be parked. If there are any subsequent changes, a new plan shall be submitted to the director after being approved by the director of the department of development services.
(6) If the applicant intends on conducting business on an improved lot, an amendment to the site plan approved by the director of the department of development services showing conformance with the requirements of this article and the Land Use Code. Such amendment need not be professionally prepared unless otherwise required by the Land Use Code or other applicable city law. The plan must show the dimensions of the site, available parking, location of entrances and exits, and where the peddler's vehicle will be parked. An applicant who otherwise meets the requirements of this paragraph may be approved by the director of development services for operation if the proposed site does not meet parking requirements, but only after all established businesses on the site are closed for business. The license shall be valid only for the times that such businesses are closed. If there are any subsequent changes, a new plan shall be submitted to the director after being approved by the director of the department of development services.
(7) If the applicant intends on conducting business in the right-of-way pursuant to section 7-29(b), written authorization from the director of the department of transportation.
(8) Any conviction of any violation of this article of the applicant occurring in the previous twelve (12) months.
(10) A valid health certificate issued by Pima County if selling prepared food.
(c) Term of license. The license issued pursuant to subsection (b) shall be valid for one (1) year from the date of its issuance.
(d) Multiple peddler license applications. A person may apply for a license for as many locations as meets the requirements of this article at one time, but the applicant shall pay a license fee for each location. In the case of multiple locations licensed under one individual, that individual is responsible for violations of this article at all locations.
(e) Denial of license. A peddler whose license is revoked pursuant to section 7-32 shall not be issued another peddler's license for twelve (12) months after the revocation is final. The director may not issue or renew a peddler license to any person who has been convicted of a violation of any provision of this article within the previous twelve (12) months.
(f) Lost licenses. The fee to replace a lost or stolen license shall be ten dollars ($10.00).
(Ord. No. 10041, § 1, 9-20-04; Ord. No. 10054, § 1, 9-27-04; Ord. No. 10141, § 2, 4-12-05)
Any person applying for a peddler license for a location on city property or the right-of- way pursuant to section 7-29(b) must obtain and show proof of liability insurance in a form and with a company approved by the director against death, damages, or injury, in an amount of not less than one million dollars ($1,000,000.00). Such policy shall include the city as an additional named insured and shall be primary insurance with respect to any other insurance or self- insurance program of the city. The peddler shall maintain this policy in full force and effect during the term of the license.
(Ord. No. 10041, § 1, 9-20-04; Ord. No. 10054, § 1, 9-27-04)
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