Chapter 5.15
STREET VENDING
Sections:
5.15.020 Business license required.
5.15.030 Street vending license required.
5.15.050 Application and issuance.
5.15.070 Exhibition of identification card.
5.15.080 License and identification card duration – Renewal.
5.15.090 Street vending – Restrictions.
5.15.100 Street vending – Food – Special restrictions.
5.15.110 Prohibited activities.
5.15.120 Denial – Restriction – Suspension – Revocation.
5.15.130 Occupational licensing regulation.
5.15.010 Definitions.
In this chapter, unless the context otherwise requires, the following words and phrases shall be construed as follows:
A. “Block” means that property abutting one side of a street and lying between the two nearest intersecting streets, or nearest intersecting street and railroad right-of-way, unsubdivided acreage, or waterway.
B. “Child” means an individual who has not attained the age of 14 years.
C. “Food” means any article sold for human consumption, the sale of which is not prohibited by law.
D. “Person” means a corporation, firm, partnership, association, organization, or any other group acting as a unit, as well as an individual.
E. “Residential area” means any street where over 50 percent of the front footage or either side of the block is devoted to single-family and multiple-family dwellings, dormitories, or mobile homes.
F. “Sidewalk” means that portion of a public right-of-way between the curb line of a street and the adjacent property line; or, if there is no curb line, then “sidewalk” shall mean that portion of a public right-of-way between the lateral boundary line of the pavement of a street and the adjacent property line; or, if there is no pavement, then “sidewalk” shall mean that portion of public right-of-way between the lateral boundary line of the demarcated unsurfaced street and the adjacent property line.
G. “Street” means any public road, highway, avenue, boulevard, alley or lane within the town.
H. “Street vending – food” means peddling, vending, selling, displaying, or offering for sale any food product or toy between curb lines or, if none, then that portion of the right-of-way between the lateral boundary lines of the demarcated unsurfaced street.
I. “Street vending – nonfood” means peddling, vending, selling, displaying, or offering for sale any item of tangible personal property or other thing of value, other than a food product or a toy, that occurs between the curb lines or, if none, then that portion of the right-of-way between the lateral boundary lines of the demarcated unsurfaced street.
J. “Street vendor” means any person engaged in street vending.
K. “Toys” means those items designated by the manufacturer to be played with by a child which do not consist of or contain an explosive charge or a tube or wick filled with a combustible material and, when used as intended, do not emit smoke or a foul or offensive odor. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.15.020 Business license required.
Subject to the provisions of Arizona state law, it is unlawful for any street vendor as the same is defined in this chapter, to engage in such business within the corporate limits of the town without first obtaining a business license therefor in compliance with the provisions of this title. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.15.030 Street vending license required.
A. Any person operating as a street vendor shall register with the town clerk and obtain a street vendor license and identification card showing such registration.
B. When more than one trade, calling, profession, occupation or business shall be carried on, transacted or practiced by the same person, corporation or partnership as a street vendor, a separate street vendor license shall be required and a separate appropriate fee be paid for each activity for which a license is required by this chapter. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.15.040 Exemptions.
The only exceptions to the licensing requirements of this chapter shall be:
A. Nonprofit educational institutions, fraternal and service clubs, bona fide religious organizations, and agencies of any federal, state or local governments.
B. Nonprofit private clubs where a basic membership fee covers the cost of the use of the facilities.
C. Community organizations/events upon approval of the town clerk.
D. Businesses and trades which are exempt from licensing and tax regulations under federal and state statutes.
E. Any organization, society, association or corporation desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise to persons other than members of such organization upon the streets, in office or business buildings, by house-to-house canvass or in public places for charitable, religious, patriotic or philanthropic purpose exclusively. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.15.050 Application and issuance.
A. It shall be the duty of the town clerk to design an application for a license, and, upon receipt of a properly completed application, issue a license under this chapter.
B. In no case shall any mistake made by the town clerk in issuing any license or collecting the amount of fee for any license or the amount actually due from any person required to pay for a license as provided herein prevent, prejudice or stop the town from collecting the correct amount of fee for any license or the amount actually due from any person required to pay for a license as provided herein, or revoking any license erroneously issued and refunding the fee collected.
C. Licenses issued pursuant to this chapter shall not be transferable from one person to another.
D. Any change in information required to be submitted by this chapter must be provided to the town clerk on a form provided by the town clerk for that purpose within 10 calendar days of any such change.
E. Identification cards under this chapter shall be given to all applicants who have complied with this section, unless the town clerk discovers through any investigation that the applicant, his or her agents, or representatives have been convicted of or have pending charges for any felony or misdemeanor affecting their truth, honesty or veracity. In such cases the application shall be denied or revoked.
F. The town clerk may receive and review the criminal history record information, including conviction and nonconviction data, of license applicants for the purpose of evaluating the fitness of prospective licensees in connection with the issuance, renewal, suspension or revocation of a street vending license. Such information shall be used only for the purpose of such evaluation. The town clerk shall submit a full set of the license applicant’s fingerprints to the Arizona Department of Public Safety for the purpose of obtaining a state and federal criminal records check pursuant to Arizona Revised Statutes, and Public Law 92-544. The Arizona Department of Public Safety may exchange this fingerprint data with the Federal Bureau of Investigation. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.15.060 Fees.
A. All applicants shall pay a nonrefundable license fee as set forth in Chapter 3.10 STC.
B. In addition to the fee required by subsection A of this section, the applicant shall provide to the town clerk the fee established by the Director of the Arizona Department of Public Safety for the processing of state and federal noncriminal justice fingerprints. This fee shall be paid for each person required to submit fingerprints pursuant to this chapter. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.15.070 Exhibition of identification card.
Street vendors are required to exhibit their original identification card at all times. Exhibition of any copy or facsimile of the original shall not be considered in compliance with this chapter. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.15.080 License and identification card duration – Renewal.
A. Any license or identification card issued pursuant to this chapter shall, unless otherwise provided for herein, expire and become null and void on July 31st of each year.
B. Annual renewal of any license or identification card provided for in this chapter shall be made by completing a renewal application as prescribed by the town clerk and payment of the appropriate fee as set forth in Chapter 3.10 STC.
C. In addition to the fee required by subsection B of this section, the applicant shall provide to the town clerk the fee established by the Director of the Arizona Department of Public Safety for the processing of state and federal noncriminal justice fingerprints. This fee shall be paid for each person required to submit fingerprints pursuant to this chapter. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.15.090 Street vending – Restrictions.
Any person engaged in street vending shall be subject to the following restrictions or prohibitions:
A. Parking Restrictions. No street vendor shall park a vehicle or series of vehicles or set up a stand or any other movable or temporary contrivance on any public street or alley for more than one hour in any eight-hour period at one location. The parking of a vehicle within 300 feet of the original location is considered one location. No service to the public shall be made from the street side of the vehicle(s) or stand. The vehicle(s) or stand shall not obstruct the movement of pedestrians or other vehicles using the street or alley or public right-of-way.
B. School Zone Restrictions. No street vendor shall sell any merchandise or articles from any vehicle, stand or any other movable or temporary contrivance on a public street within 600 feet of any school ground between the hours of 7:00 a.m. and 4:30 p.m. School governing boards or administrators may make arrangements to provide vending locations on school property.
C. Park Street Prohibitions. Street vending on a street or parking lot within a public park shall be prohibited, unless the street vendor has applied for and has been granted a permit issued and signed by the parks and recreation director.
D. Streets Abutting Parks. Street vending on a street abutting a public park shall be prohibited within 600 feet of a lawfully established park concession. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.15.100 Street vending – Food – Special restrictions.
A. It shall be unlawful for any person to engage in street vending – food within the town with a motorized vehicle of any description that does not have affixed and operating two outside wide-angle mirrors, one located at the front driver’s side directed at the front of the vehicle and one located at the rear driver’s side directed at the rear of the vehicle.
B. It shall be unlawful for any person to engage in street vending – food within the town with a motorized vehicle of any description that does not have affixed, in clearly visible letters or numbers of contrasting color and of a height of at least three inches, the following signs:
1. “Watch for Children” on the front and rear of the vehicle.
2. “Town of Sahuarita Lic. No.,” followed immediately by the street vendor’s town-issued street vendor license number, on the right side of the vehicle.
3. The business name provided to the town pursuant to this chapter, on the right and left sides of the vehicle.
C. It shall be unlawful for any person to engage in street vending – food after the later of 10:00 p.m. or sunset, and before sunrise.
D. It shall be unlawful for any person engaged in street vending – food to operate a motor vehicle while stopped without that motor vehicle’s hazard lights in operation.
E. Street vending – food shall be limited to the vending of food items and toys only.
F. This section shall apply only to those engaged in street vending – food within a residential area. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.15.110 Prohibited activities.
A. It is unlawful for any street vendor to conduct or transact business without having registered with the town clerk and without having obtained an identification card; without having such card in possession; or failing to exhibit such card at all times. Each violation of this chapter shall constitute a separate violation for each and every day that such activity occurred within the town.
B. It shall be unlawful for any person to engage in street vending, or to employ or hire another to engage in street vending, without possessing a valid street vending license therefor as provided in this chapter. It shall further be unlawful for any person to engage in, or to employ or hire another to engage in, street vending sales while that person’s street vending sales license is suspended.
C. It is unlawful for any person to exhibit any copy or facsimile of the identification card issued under this chapter. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.15.120 Denial – Restriction – Suspension – Revocation.
A license issued under the provisions of this chapter may be denied, restricted, suspended or revoked by the town clerk for any of the following causes:
A. Fraud, misrepresentation or material false statement contained in the application for license, or made in the course of carrying on the business.
B. Any violation of this chapter, town ordinance, or state or federal law, or in the interest of public safety and protection.
C. Conviction of any felony or misdemeanor.
D. The applicant has had a street vending sales license revoked within the previous year. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]
5.15.130 Occupational licensing regulation.
Occupational licenses are issued pursuant to ARS 9-842. [Ord. 2019-137 § 1.]