ARTICLE I.5.
BUSINESS LICENSES1
Sec. 8-10 Definitions.
For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Business” means any activities or acts, personal or corporate, carried on and caused to be carried on with the object of gain, benefit, or advantage, either direct or indirect.
“Casual sales” means sales of miscellaneous merchandise by a nonprofit, charitable, or religious organization.
“Charitable and religious organizations” means any organization exempt from state and federal income taxes for charitable and religious reasons and certified as such by the I.R.S., and having an established local place of meetings for charitable or religious purposes, and holding regular meetings within the city. As used in this article, a charitable or religious organization does not include organizations engaged regularly in commercial activities.
“City official” means any official charged with enforcement or inspection under this article.
“Day” means a calendar day.
“Fixed location” means specific business location within the city.
“Home occupation” means a business carried on within a residential building as defined by the city zoning code.
“Merchandise” means any new or used objects, wares, goods, commodities, personal belongings, intangibles, or food commodities.
“Nonprofit corporation” means any organization with proof of incorporation as a nonprofit entity, duly licensed by and in good standing with the Arizona Corporation Commission. As used in this article, a nonprofit corporation does not include organizations engaged regularly in commercial activities.
“Person” means any person, partnership, association, company, or corporation.
“Seasonal sales” means sales of seasonal or holiday-related merchandise at temporary locations, including but not limited to fireworks, Christmas trees and pumpkins.
“Special event” means an event sponsored by, supervised and under the control of a charitable, religious or nonprofit organization or political subdivision, taking place for a limited time, which may include display or sales of merchandise or services by persons other than the sponsoring organization. Examples include craft fairs or the annual county fair.
“Yard sales” means sales of personal household items displayed in a garage, yard, or driveway.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-11 License required.
A person shall make application to the financial services director or designee for a business license accompanied by an annual license fee or a lesser amount of the annual license fee prorated in quarterly increments. Unless exempted under section 8-13, no person shall engage or continue in business unless a valid business license and all applicable fees have been paid.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-12 License special requirements.
(a) Partnerships. An application for a business license for a partnership engaging or continuing in business in the city shall provide, as a minimum, the names and addresses of all general partners. Licenses issued to persons engaged in business as partners, limited or general, shall be in the name of the partnership.
(b) Corporations. Application for a business license for a corporation engaging or continuing in business in the city shall provide, as a minimum, the names and addresses of the statutory agent, president, vice-president, secretary and treasurer of the corporation. Licenses issued to persons engaged in business as corporations shall be in the name of the corporation.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-13 Exemptions.
(a) The provisions of section 8-11 shall not be applied to the following:
(1) Dependent children, children under the age of eighteen (18) years of age and those persons engaged in a hobby or activity who make occasional sales of their finished product or service are also exempt from this article; provided, that the hobby or activity is not a primary source of income.
(2) Political subdivisions of the United States or the state of Arizona.
(3) Insurance agents licensed pursuant to A.R.S. 20-1098.17.
(4) Real estate brokers, agents, salespersons, or property managers licensed pursuant to A.R.S. 9-491.01, unless the primary place of business is physically located within the city.
(5) Out-of-state businesses that are considered to be “remote sellers” or “marketplace facilitators” pursuant to A.R.S. 42-5001 and 42-5043.
(6) Wholesale liquor distributors licensed pursuant to A.R.S. 4-223, unless the primary place of business is physically located within the city.
(7) Any person engaged in the sale of produce by a producer as defined in A.R.S. 3-561.
(8) Any person engaged in leasing or renting residential rental properties, including vacation and short-term rentals, classified as a Class 3 or Class 4 property for property tax purposes pursuant to A.R.S. 9-1304(B).
(9) Employees of licensed businesses delivering goods in the regular course of business.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-14 Administrative review.
(a) Applicant must comply with all applicable federal, state and local laws, codes, ordinances, rules, regulations and requirements. The financial services director or designee shall route business license applications to the police chief, fire chief, public works director and other city officials or designees for review and inspection as deemed necessary prior to the issuance of any business license.
(b) No license shall be issued involving septic tanks, food and beverage, hotels, motels, RV parks, animals and childcare until the Mohave County health department has certified in writing that the applicant’s place of business meets all health department requirements. Applicant must provide a copy of the written certification to the financial services director or designee.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-15 Issuance or denial.
(a) Within twenty (20) days of application submittal, each applicant will be advised further if information is required. Within twenty (20) additional days, the applicant will be advised of business license status, in writing, by either receipt of the business license or a letter advising denial of the application. If an application is denied, the financial services director or designee shall further advise the applicant of the reasons for the denial and that the applicant may, without being required to file a new application, remedy any deficiencies within thirty (30) days from the denial notification.
(b) A business license application may be denied if the applicant or controlling person, within the five (5) year period immediately preceding the submission of the application, was convicted of any of the following:
(1) Felony involving trafficking in stolen property, fraud, forgery, theft, burglary, robbery, extortion, conspiracy to defraud, or any preparatory offenses of the aforementioned crimes;
(2) Felony involving a fraudulent or dishonest act;
(3) Felony involving the sale, manufacture or transportation of any dangerous drug as defined under A.R.S. 13-3401, a “violent crime” under A.R.S. Title 13, Chapters 11, 12, 13, or a “sexual offense” under A.R.S. Title 13, Chapter 14, or for conduct in another jurisdiction which if carried out in Arizona would constitute an offense under one of the statutory provisions enumerated in this subsection; or
(4) Misdemeanor involving moral turpitude.
(c) A business license application may be denied for failing to provide required information or for failure to pay amounts owed to the city for penalties, interest, fees, charges, transaction privilege taxes, sewer connection fees, or any other amounts owed to the city for any other reason. Any person who has a current debt related to any open or closed account maintained or formerly maintained with the city shall be ineligible to receive any new, renewed, or additional licenses until such debt has been resolved to the satisfaction of the city.
(d) To contest a business license denial, the applicant shall request a hearing within twenty (20) days of the notice of denial. If timely requested, a hearing before the city manager will be held for the purpose of showing cause why the license should not be denied. If no such hearing is requested, the denial of the business license shall be upheld.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-16 Posting.
The holder of a business license shall at all times display the license in a conspicuous place at the regular place of business within the city. In cases where there is no fixed location, the licensee shall possess the business license whenever conducting business.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-17 Term.
Business licenses shall be in effect and valid for one (1) year, or any portion of a year, from the date of application and license shall renew each year thereafter on January 1, unless earlier canceled pursuant to this article.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-18 Transfer.
(a) No license issued under this article shall be transferred or assigned from one (1) person to another. A change in ownership, location, or name of any business license requires the filing of a new license application and payment of fee before any business may be conducted.
(b) A license for a particular business may be transferred from one (1) fixed location to another by making application to the financial services director or designee. A transfer fee shall be required. No license shall be transferred until the financial services director or designee has obtained approval of the police chief and fire chief, or designees, and other city officials as required under section 8-14.
(c) Notwithstanding any other section of this Code, a business license which has been issued to a fixed location pursuant to this article may be temporarily transferred to another improved location within the city for a period not to exceed five (5) consecutive days; provided, that:
(1) The licensee is then in good standing and no fees or other amounts owed to the city are delinquent;
(2) The licensee notifies the financial services director or designee at least ten (10) days before the temporary transfer and pays a nonrefundable fee;
(3) The licensee shall provide the financial services director or designee with satisfactory evidence that approval to use the transfer location has been obtained;
(4) The temporary transfer is for purposes of a “tent sale,” “parking lot sale,” “fire sale,” or other similar event; and
(5) The licensee has obtained the written approval of the police and fire departments.
During the period of the temporary transfer, business may also be conducted at the fixed location for which the license was originally issued. A temporary transfer shall not be required for the licensee to participate in a special event as defined in this article.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-19 Multiple locations or business names.
A person engaged in business in one (1) or more businesses at two (2) or more fixed locations within the city shall procure a separate license for each such location or business name.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-20 Fees.
(a) The fee for the license shall be established by resolution of the city council fee schedule.
(b) Every applicant shall pay the business license fee(s), unless considered a resident religious or charitable organization or resident nonprofit corporation. If considered a nonprofit corporation, a copy of an exemption certificate shall be filed with the financial services director or designee for this exemption to apply.
(1) Applicant shall remit a fee with each new application and for each annual renewal period.
(2) Annual renewal fees shall be assessed on a calendar year basis due and payable on or before each December 31.
(3) Fees for new applications shall be prorated on a quarterly basis. Applications received during the period of January 1 through March 31 shall pay the full annual fee; those received during the period of April 1 through June 30 shall pay three-quarters (3/4) of the annual fee; those received during the period of July 1 through September 30 shall pay one-half (1/2) the annual fee; and those received during the period of October 1 through December 31 shall pay one-fourth (1/4) of the annual fee.
(c) Any person who has not remitted the annual renewal fee within thirty (30) days prior to the expiration of the license, the license shall be deemed expired and nonrenewable.
(d) Any person who discontinues business during the period covered by the current license shall not be entitled to any refund of the license fee.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-21 Home occupations.
Home occupation business licensees must comply with the home occupation regulations as identified in the city’s zoning code.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-22 Open lot sales.
It is unlawful for any person to practice or carry on any business, including business as a peddler, solicitor, or transient merchant, upon any open lot or open parcel of land within this city except as follows:
(a) The business is conducted out of or as part of a business using a building constructed in compliance with the adopted building code.
(b) A license has been issued pursuant to section 8-52 or 8-84 and the business is otherwise conducted in compliance with this chapter.
(c) The business conducts seasonal sales for a period of no longer than forty-five (45) days.
(d) The business is engaged in the sale of produce by a producer as defined in A.R.S. 3-561.
(e) The business is along the route of a parade or as part of a special event so long as confined to the time and area of the special event.
(f) Casual sales of items by a nonprofit, charitable, or religious organization when conducted on an improved or open lot with permission of the property owner. Casual sales shall occur no more than three (3) days in a row, nor more than five (5) times in a calendar year. Casual sales must be spaced at least four (4) days apart.
(g) A temporary transfer of an annual business license has been made pursuant to section 8-18 and the business is otherwise conducted in compliance with this article.
(h) Yard sales.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-23 Inspections.
(a) The provisions of this section shall apply to all businesses that are carrying out activities in the city that are licensed or regulated by the city.
(b) No person shall refuse entry to any city official attempting to enter business premises for the purpose of inspection, if such entry is attempted during business hours or during reasonable hours after business hours when there are employees on the premises to let the inspector in. Such entry shall be permitted not only to areas open to the public but also to all other areas; provided, that no employee shall be required to accompany any inspector in any area that the employee deems to be dangerous, if the employee tells the inspector that the area is in the employee’s opinion dangerous.
(c) It is the policy of the city that, immediately upon arriving at the premises to be inspected, the city official ordinarily will identify himself or herself to an employee at the premises, showing an identification card if the employee is not acquainted with the inspector. If there is no employee at the scene, the inspector may enter any area that is open to the public at the time without identifying himself or herself. A police officer or any city official making a lawful investigation requiring a delay in identification need not identify himself or herself immediately; provided, that no person shall be required to admit any such unidentified person to any premises.
(d) If a city official is not permitted to enter any place or any part of any premises for inspection, the inspector shall not use force but shall leave the premises and seek a search warrant or other appropriate court order to make entry possible.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-24 Suspension or revocation.
(a) A business license issued under this article may be suspended or revoked at any time during the life of such license for:
(1) Falsification of information contained on an application.
(2) Failure to submit the required transaction privilege tax reports or to pay the required tax, penalty, and interest within a period of thirty (30) days after they become due.
(3) Failure to comply with any statute, regulation or ordinance relating to land use, the public peace, health and safety, or taxation.
(4) Conviction of any crimes listed in section 8-15(b).
(b) A notice of intent to suspend or revoke the business license shall be issued by the financial services director or designee and will result in suspension or revocation of the business license within twenty (20) days of the date of the notice.
(c) To contest a business license suspension or revocation, the licensee shall request a hearing within twenty (20) days of the notice of suspension or revocation. If timely requested, a hearing before the city manager will be held for the purpose of showing cause why the license should not be suspended or revoked. If no such hearing is requested, the business license shall be suspended or revoked.
(d) No business license suspended or revoked shall be reinstated until the cause for suspension or revocation has been fully rectified and a reissuance fee collected.
(e) Any license fee renewal not paid on or in full within thirty (30) days prior to December 31 shall result in immediate revocation without further notification.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-25 Penalty.
Any person who violates any provision within this article shall be guilty of a misdemeanor and upon conviction shall be punished as provided in section 1-8 and/or any applicable state statute.
(Ord. No. 1909, § 2, 8-18-20)
Sec. 8-26 Severability.
The provisions of this article are severable. If any provision of this article, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application.
(Ord. No. 1909, § 2, 8-18-20)
Secs. 8-27—8-37. Reserved.
Editor’s note: Ord. No. 1902, § 2, adopted Aug. 18, 2020, amended Art. I.5 to read as set out herein. Formerly, the article was numbered Art. IV, and consisted of §§ 8-121—8-140, deriving from Ord. No. 590, § 2, 11-4-85; made pub. rec. by Res. No. 1008, 11-4-85; Ord. No. 602, § 1, 3-17-85; made pub. rec. by Res. No. 1035, 3-17-85; Ord. No. 622, 8-4-86; Ord. No. 624(2), 8-18-86; Ord. No. 625(R), §§ 1, 2, 8-18-86; Ord. No. 649, §§ 1—7, 5-4-87; Ord. No. 867, §§ 1—4, 6-17-91; Ord. No. 888, § 3, 11-18-91; Ord. No. 1021, §§ 1, 2, 11-21-94; Ord. No. 1232, §§ 1—3, 9-20-99; Ord. No. 1270, § 1, 11-6-00; Ord. No. 1271, §§ 1, 2, 11-6-00; Ord. No. 1272, §§ 1, 2, 11-6-00; Ord. No. 1317, § 1, 11-19-01; Ord. No. 1499, § 1, 10-3-05; Ord. No. 1506, 12-7-05; Ord. No. 1707, § 1, 6-7-11; Ord. No. 1737, § 1, 8-21-12; Ord. No. 1738, § 1, 8-21-12; Ord. No. 1800, § 1, 11-17-15; Ord. No. 1877, § 1, 10-2-18.