Loading...
The director of finance shall have the authority to revoke or suspend a license issued hereunder when he finds:
Sec. 7-179(1). That the licensee is operating in violation of this article or of any other governing law, ordinance or regulation relating to or regulating the business; and
Sec. 7-179(2). The licensee has failed or refused to cease and desist from violation upon five (5) days' notice so to do by the director of finance; or
Sec. 7-179(3). In the event the licensee has three (3) previous violations upon which he has received notice and again violated the provisions of this article, the director of finance may revoke or suspend such license, without giving previous notice of such violation; but the notice of hearing required by this article shall be given and the procedure therein specified shall be followed. Notices required by this article may be served by certified mail addressed to licensee at the address of the licensed business or by personal service.
(1953 Code, ch. 13, § 81; Ord. No. 1875, § 1, 12-15-58; Ord. No. 4382, § 2, 8-4-75)
Before revoking any license, the director of finance shall give notice in the manner provided by section 7-179 to the licensee concerned that a hearing to revoke the license will be held at a specified place, and at a time not sooner than five (5) days from the date of such notice. This notice shall clearly and concisely state the grounds and reasons relied upon for revocation. The director of finance shall hold the hearing at the time and place specified, unless adjourned by consent of all parties, and the licensee shall be allowed to appear in person and by counsel, offer proof, and evidence. A record shall be kept of all the proceedings at such hearing, and a transcript of all evidence offered shall be made and filed. No license shall be revoked except when grounds therefor as provided in section 7-179 are satisfactorily established by the proofs offered as shown by the record of proceedings and transcript of the hearing. The decision of the director of finance suspending or revoking any license shall be final; but the licensee may, within twenty (20) days of any such order of suspension or revocation, appeal said order to the Superior Court of the State of Arizona in and for the County of Pima. In the event of any such appeal, the matter shall be heard de novo by the Superior Court. A licensee's right to do business under the authority of its license shall not be suspended until final determination of the license revocation or suspension proceedings, provided that the subsequent conduct of the business shall be in accordance with this article, pending decision.
(1953 Code, ch. 13, § 82; Ord. No. 1875, § 1, 12-15-58; Ord. No. 4382, § 2, 8-4-75)
In this article, unless the context otherwise requires:
(1) Advertisement means the attempt by publication, dissemination, solicitation or circulation, oral or written, to induce directly or indirectly any person to enter into any obligation or acquire any title or interest in any merchandise, or engage in any sale at a swap meet.
(2) Director means the city finance director or his designated agents.
(3) Employee means a person employed by a proprietor, from whose wages the proprietor withholds amounts pursuant to the withholding provisions of state or federal income tax laws, or a person or an employee of a firm with whom the proprietor has entered into a written contract of more than thirty (30) days' duration for the provision of maintenance, cleaning or security services.
(4) Merchandise means any new or used objects, wares, goods, commodities, personalty, and intangibles, real estate, amusements, food concessions, or services.
(5) Person means any natural person or his legal representative, partnership, domestic or foreign corporation, any company, trust, business entity, or association, any agent, employee, salesperson, partner, officer, director, member, stockholder, associate or trustee.
(6) Premises means any building, structure, lot or other area at which a swap meet sale is conducted.
(7) Proprietor means any person who rents, sells, donates or otherwise makes available to swap meet vendors any space within premises owned or controlled by the proprietor for the purpose of a swap meet sale.
(8) Proprietor license means a current and valid license issued by the city to the proprietor authorizing the use of the premises owned or controlled by the proprietor, as specified on the proprietor license, for the purpose of a swap meet sale.
(9) Proprietor occupational license tax means those monthly sums payable to the city by the proprietor, pursuant to chapter 19 of the Tucson Code.
(10) Sale means any sale, offer for sale, or attempt to sell any merchandise, including any exchange, offer for exchange, or attempt to exchange or barter any merchandise at a swap meet.
(11) Swap meet means a place of commercial activity, popularly known as a swap meet, flea market, park-and-swap, which is:
(a) Open to the general public for the purchase of merchandise on the premises;
(b) Available to the general public who wish to sell merchandise on the premises, whether such sellers or vendors are in the business of vending or are making causal sales or some combination thereof;
(c) Composed of stalls, stands or spaces allotted to vendors, at least one (1) of whom does not occupy the same allotted space or spaces on an uninterrupted continuous daily basis.
(12) Vendor means any person upon the premises for the purpose of causing the advertisement of or making a sale at a swap meet.
(Ord. No. 5380, § 2, 6-1-81; Ord. No. 5840, § 1, 8-1-83)
It shall be unlawful for a swap meet proprietor to fail to comply with the requirements of this article, and in particular:
(1) To permit a swap meet upon premises owned or controlled by the proprietor without being in possession of a proprietor license;
(2) To permit any person to engage in the sale of merchandise upon parking or other areas owned or controlled by the proprietor, whenever such areas or sites are not specified on the proprietor license;
(3) To fail to control the entrance to and exit from the premises of all vendors and merchandise, by the physical presence and personal supervision on the premises of the proprietor or his designated agents during the hours of operation of the swap meet;
(4) To fail to pay to the city the proprietor occupational license tax when due;
(5) To fail to comply with the director's rules and regulations implementing this article;
(6) To fail to post on the premises, in a conspicuous place so as to be clearly seen by the public and the director, a proprietor license;
(7) To allow any person other than the proprietor or swap meet employees to remain on the premises of a swap meet located within six hundred (600) feet of the boundary of property developed or used for residential purposes between the hours of 12:00 midnight and 6:00 a.m.;
(8) To permit any person to display, offer for sale or trade or to give away or to make a sale, trade or gift of any animal or fowl on the premises of a swap meet or adjacent property controlled by a proprietor.
(Ord. No. 5380, § 2, 6-1-81; Ord. No. 5840, § 2, 8-1-83; Ord. No. 6160, § 1, 1-21-85)
Editors Note: Section 3 of Ord. No. 6160 reads as follows:
"The violation of any provision of Sections 7-202 or 7-203 of the Tucson Code as amended in Sections 1 and 2, respectively, of this ordinance is a misdemeanor and punishable by a fine of not more than three hundred dollars ($300.00) for any person. Each day such violation continues shall constitute a separate offense. Absence, revocation or suspension of a proprietor license as defined in Sec. 7-201(a) of the Tucson Code shall not be a defense against prosecution."
A proprietor license may be issued by the city upon the prior city approval of the application of the proprietor on forms supplied by the city for such a proprietor license and upon prior payment by the proprietor to the city of a one-time twenty-four dollar ($24.00) proprietor occupational license tax application fee.
(Ord. No. 7885, § 3, 8-3-92)
Loading...