(A) Every person who does not have a general business license and wishes to sell goods or services on a sidewalk, street, alley or any public place; or any person who is a mobile vendor.
(B) The application for a temporary business license shall include:
(1) The name of the applicant:
(a) If the applicant is a partnership, the name of the person applying for the license of behalf of the partnership and the names of the partners;
(b) If the applicant is a limited liability company, the name of the person applying for the license on behalf of the limited liability company and the names of the members of the limited liability company;
(c) If the applicant is a corporation, the name of the person applying for the license on behalf of the corporation and the names of the officers of the corporation; or
(d) If the applicant is a church, club or charitable institution that is not located in the city, the name of the person applying for the license on behalf of the church, club or charitable institution and the names of the members of the board of the club or charitable organization.
(2) The permanent and local address of the person. If the applicant is applying on behalf of a partnership, corporation or limited liability company, the applicant must include his or her permanent address and local address, and credentials establishing the nature of the relationship the partnership, corporation or limited liability company;
(3) A brief description of the nature of the business and the goods or services to be sold;
(4) State the place or places where the goods or services are to be sold;
(5) If sales are to be made on streets, sidewalks or alleys, proof that adjoining landowners or occupants have no objection to the issuance of a sidewalk sale license;
(6) If a vehicle is going to be used to assist the seller of goods or services in any way, a description of the vehicle and the license plate number of the vehicle;
(7) Proof of a valid and current transaction privilege license in the name of the person or organization to whom the license will be issued; shall provide to the City Clerk a copy of that person’s state transaction privilege license;
(8) The date on which the person will conduct the sales, which are not to exceed seven days from the date of the issuance of the license; and
(9) The names and permanent and local addresses of all individuals who will be selling goods or services on behalf of the person named in the application. Copies of such identification of each person shall be in a form acceptable to the City Clerk.
(C) The applicant shall pay a fee for the temporary license in an amount to be determined by the City Council.
(D) The temporary license shall only be valid for seven calendar days from the date of its issuance.
(E) The city will issue no more than four temporary licenses for any one person during a calendar year.
(F) The city will issue to the applicant one certificate for the temporary license. If there is more than one individual who may sell goods and services on behalf of the person who obtains the temporary license, the applicant must make copies of the certificate for each individual. Each individual must have available the temporary business permit available for review by city staff or law enforcement. Failure to do so may result in a citation under this section. Subsequent proof of a valid temporary business license at the time of citation is a complete defense to the citation.
(G) No person shall transfer a temporary license to any other person.
(H) All persons who have a temporary business license shall abide by the following regulations.
(1) No street or alley shall be blocked.
(2) A three-foot passageway shall be left open for pedestrians on sidewalks.
(3) Goods shall be securely placed so that they will not endanger the health, safety or welfare of pedestrians or fall or extrude into a street or alley.
(4) Sales shall not be conducted to create a fire or safety hazard.
(5) Any individual engaging in sidewalk sales or peddling shall not hinder the efforts of any law enforcement officer or the Fire Department.
(6) No person shall shout, cry out, blow a horn, ring a bell or use any sound device, including a radio or sound amplification system on any streets, alleys, parks or other public places in a manner that would be an inconvenience or annoyance to the public. For purposes of this section, a complaint by a citizen or the good faith judgment of a police officer shall be deemed conclusive as to whether the sound is an inconvenience or annoyance to the public.
(7) Any person who is peddling cannot maintain a stationary location on the street, private property, sidewalks or alley for more than seven days.
(8) No license shall be issued until satisfactory evidence is presented that the mobile merchant has obtained public liability insurance in a company or companies agreeable to the city, naming the city as an additional insured, and in an amount not less than $1,000,000 for injury to one person and $2,000,000 aggregate damages, insuring the city against any and all liability or expense that may be incurred by reason of any accident to any person, persons or property arising from or in any way growing out of the use of the right-of-way by the mobile merchant.
(I) The licensing provisions of this section do not apply to persons who have a general business license and may be using a sidewalk near their place of business for sale of goods or services.
(J) Unless a person has first obtained a license from the city, it is a Class 1 misdemeanor for any person to display for sale, sell or vend goods or services in the following manner:
(1) On sidewalks, streets, alleys or any public place within the city limits; and/or
(2) By peddling.
(K) Nothing in this section restricts or denies the right to sell food products by a producer, or to impose a tax, license or fee on the sale of food by a producer pursuant to A.R.S. §§ 3-561 to 3-563.
(Prior Code, § 3-1.09) (Ord. 792, passed - -1999; Ord. 855, passed - -2006) Penalty, see § 111.99