Sec. 7-202. Unlawful practices of swap meet proprietor.

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."

Sec. 7-202.1. Swap meet proprietor license application.

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)

Sec. 7-203. Unlawful practices of swap meet vendor.

It shall be unlawful for a swap meet vendor to fail to comply with the requirements of this article, and in particular:

   (1)   To fail to post at the vendor's assigned sales location on the premises, in a conspicuous place so as to be clearly seen by the public and the director, any current, valid license issued by the city to the vendor pursuant to chapter 19 of the Tucson Code;

   (2)   To engage in sales at locations other than the vendor's sales location assigned that day by the proprietor;

   (3)   To engage in sales of tobacco, cigars, cigarettes and spirituous liquor, all as defined in the Arizona Revised Statutes;

   (4)   To display, offer for sale or trade or to give away, or make a sale, trade or gift of any animal or fowl;

   (5)   To display or offer for sale any firearms, as defined in the Arizona Revised Statutes, without holding a federal firearms license.

(Ord. No. 5380, § 2, 6-1-81; Ord. No. 6160, § 2, 1-21-85)

   Note: See the editor's note to § 7-202.

Sec. 7-204. Regulations.

For the purpose of this article:

   (1)   Nothing in this article shall exempt a sale made at a swap meet from taxes payable pursuant to chapter 19 of the Tucson Code.

   (2)   The director shall, by rules and regulations, establish the forms and records to be maintained by the swap meet proprietor. The forms and records to be kept and used by the swap meet proprietor shall be preserved by the proprietor for three (3) years and shall be made available for inspection by the director and the city police department.

(Ord. No. 5380, § 2, 6-1-81)

Sec. 7-205. Administration.

   (a)   A proprietor license is not transferable and not assignable.

   (b)   The director may refuse to issue a proprietor license for good cause stated.

   (c)   The director may suspend a proprietor license upon the proprietor's conviction of any violation of this article, or upon the proprietor's failure to maintain forms and records as required by the director's rules and regulations, or upon the director's determination that the proprietor's swap meet activities are causing:

   (1)   Traffic congestion on the abutting public streets;

   (2)   The accumulation of debris or litter upon the premises;

   (3)   Loud noises, nuisances or disturbances whereby the quiet and good order of the premises or of the neighborhood is disturbed; or

   (4)   Persons other than the proprietor or swap meet employees are 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.

   (d)   The director may revoke a proprietor license upon the proprietor's conviction of any violation of this article within three (3) years of the proprietor's prior conviction under this article.

   (e)   Before suspending or revoking a proprietor license, the director shall give the proprietor prior notice, by certified mail addressed to the licensee at the address of the licensed business or by personal service, that a hearing to suspend or 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 or suspension. The director 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, and 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 suspended or revoked except when grounds therefor, as provided in this section, are satisfactorily established by the proof offered as shown by the record of proceedings and transcript of the hearing. The decision of the director spending or revoking any license shall be final.

   (f)   Proprietor occupational license taxes shall be required pursuant to chapter 19 of the Tucson Code.

(Ord. No. 5380, § 2, 6-1-81; Ord. No. 5840, § 3, 8-1-83)