ARTICLE IV.
BUSINESS LICENSES1

Sec. 8-121 Definitions.

As used in this article the following terms shall have the meanings respectively assigned to them in this section:

Applicant means the business and the person filing on behalf of the business.

Approved means complying with all applicable state laws and city ordinances. The word “approved” does not mean that the city officer or employee has discretion to fail to approve any item or method, except for failure to comply with applicable city ordinances and state laws.

Business includes 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, but not casual sales or yard sales.

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 officer or employee. Whenever a city officer or employee is named in this article, it means that officer or his designee.

Clerk means the city clerk.

Employee means any person working for and out of the same establishment as a licensed business. For example, real estate agents working for a real estate broker out of the same location are employees for purposes of this article, even if otherwise considered independent contractors.

Fixed place of business means a specific business location within the city.

Health inspector is the person or officer who has the authority for inspections as designated by the county health department.

Home occupations means business carried on within a residential building as defined by the city zoning ordinance.

Merchandise means any new or used objects, wares, goods, commodities, personalties and intangibles, or food commodities.

Merchant includes all persons who at a fixed place of business sell goods, wares, or merchandise at retail or on commission, consignment or otherwise.

New building means any newly constructed building that has received a certificate of occupancy within the last six (6) months.

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.

Pawnbroker means a person who keeps a place of business where money is loaned or advanced upon a pledge or deposit of personal property or pretended sale of goods, wares or merchandise, conditioned that the seller may rebuy the goods, wares or merchandise at an advanced price within a limited time.

Pawnshop means any establishment in which is carried on the business of pawnbrokerage, or the business of loaning money received as security for payment thereof, pawns or pledges of property, or the business of purchasing personal property and reselling or agreeing to resell, trade or exchange such articles to vendors, their personal representatives, or their assignees at a price agreed upon at or before the time of such purchase whether such business be the principal or sole business so carried on or be merely incidental to, in connection with, or a branch or a department of other business.

Peddler means any person, whether a resident of this city or not, who travels from place to place, house to house or street to street, and who sells or offers for sale goods, wares, or merchandise in his possession.

Practice or carry on any business means when any person, by himself, or through an agent, employee or partner, holds himself forth as being engaged in the business or occupation; or solicits patronage thereof, actively or passively, or performs or attempts to perform any part of such business or occupation within the city.

Retail sales means a sale or transfer of title or possession of property (other than wholesale) for any purpose for a consideration.

Solicitor or canvasser is a person other than a peddler, whether a resident of this city or not, who travels from place to place, house to house or street to street, taking or attempting to take orders for sale of goods, wares, merchandise, personal property of any nature whatsoever for future delivery, or for services to be performed in the future, whether or not samples are carried and shown and whether or not payment is collected.

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.

Street vendor is a person who sells food, drinks or merchandise along the public right-of-way and has no stationary location.

Swap meet means a place of commercial activity popularly known as a swap meet, flea market or park-and-swap, composed of separate stalls, stands or spaces allotted to vendors for the purposes of conducting a sale or barter of merchandise to the general public.

Swap meet proprietor means a person who rents, sells, donates or otherwise makes available to swap meet vendors any space within premises owned or controlled by the person for the purpose of a swap meet.

Swap meet vendor means a person who holds himself out as selling, offers to sell, sells or barters merchandise at a swap meet.

Transient merchant means any person selling merchandise from a truck, car, railroad car, or other vehicle or building which does not comply with the adopted building code, whether a resident of this city or not, or who occupies and uses as his place of business any building, room, or lot as a tenant at will, or under a lease for a term shorter than six (6) months.

Wholesale means a sale or transfer of title or possession of property for resale by a licensed retailer.

Yard sales means the sale of personal household items displayed in a garage, yard or driveway.

(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. 649, § 1, 5-4-87; Ord. No. 1271, § 1, 11-6-00; Ord. No. 1737, § 1, 8-21-12)

Sec. 8-122 License required.

(a) Except as precluded by federal or state law, it is a misdemeanor for any person to carry on in the city any business, without first having procured a business license for each business and each fixed place of business within the city.

(b) It is a misdemeanor for any person to practice or carry on any business within the city without complying with the provisions of this article.

(c) A license obtained under this section is not evidence or proof that the licensee has complied with the provisions of this article or other provisions of the Kingman Code, nor shall the granting of a license limit the prosecution by the city of any violations of law.

(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)

Sec. 8-123 Issuance.

(a) Application for a business license shall be made to the city clerk and shall be made on forms furnished by the clerk. Every application shall be accompanied by an application fee, as provided in section 8-125. The application fee shall, upon the granting of the license, be applied to the total of the required business license fee. In the event no license is issued, however, the fee shall not be returned to the applicant. The clerk shall be responsible for the acceptance and processing of all applications. Upon receipt of an application, the clerk shall mark the date and time on the application.

(b) Before issuing the license required by this article, the clerk shall require from each applicant a sworn application which shall give the following information:

(1) Business or trade name;

(2) Address of business headquarters;

(3) Location of business within the city;

(4) Business mailing address;

(5) Business owner;

(6) Applicant’s name; driver’s license number, or date of birth and social security number; home street address; home telephone number;

(7) Business telephone number;

(8) Exact nature of business;

(9) Number of employees;

(10) Locations where the business or applicant has operated during the last five (5) years;

(11) A description of any and all licenses or permits issued to or applied for by the business or applicant and which have been denied, suspended, or revoked;

(12) A description of any and all criminal convictions in the last five (5) years; and

(13) The signature of the applicant certifying that his statements are true and correct, and title of applicant.

(c) In the following cases, additional information shall also be supplied:

(1) In the case of a corporation, the applicant shall provide the name and address of the statutory agent, president, vice-president, secretary, and treasurer of the corporation.

(2) In the case of a partnership, the information in paragraph (b) shall be supplied for each partner.

(3) In the case of peddlers, solicitors, canvassers, or transient merchants, the applicant shall provide the information required in paragraph (b)(6) for each person engaged in selling.

(4) When weekly swap meet permits or licenses for peddlers, solicitors, canvassers, or transient merchants for special events are allowed under this article, the clerk may use a short form of application including the information in paragraph (b)(6).

(5) Sponsors of special events.

a. Sponsors of special events may make application on short forms with the city clerk, under the following circumstances:

1. Applications, including the list of exhibitors, shall be turned into the city clerk’s office two (2) weeks prior to the special event. A follow-up list shall be delivered during the morning of the last working day prior to the event, and if there are additional changes, another follow-up list the first working day after the event.

2. The application shall include information on the sponsor, and personal and business information on each exhibitor.

3. If event is not held on public property, outdoor events shall be confined to improved sidewalk, lawn, and parking lot areas.

4. Each special event shall not exceed five (5) consecutive days.

b. Peddlers, solicitors, canvassers, or transient merchants are not required to file an application with the city clerk if they have registered with the sponsor of the special event.

c. When the peddlers, solicitors, canvassers, or transient merchants at the location of a special event are not registered with a sponsor of special event on forms supplied by the city clerk, they shall comply with section 8-123(c)(4) of this article.

d. Nothing in this article shall exempt a sale made at a special event from taxes payable pursuant to Chapter 8, privilege tax, of this Code.*

(d) A copy of the application shall be given to the chief of police, planning director, building official, fire chief, and public works director.

(1) No business license shall be issued until the planning director certifies that the business is operated in the proper zone, that there are no violations of the city’s subdivision or zoning ordinance, and that any conditions of a zone change or conditional use permit have been met.

(2) No license shall be issued until the fire chief and building official inspect the business, and any building or structures the business will occupy for compliance with city ordinances. The license may be issued after the inspection if the fire chief and building official find there is no immediate danger to life or property in the use of the building or operation of the business. No inspection need be made if the business will be operated in a new building or is a home occupation.

(3) No license shall be issued until after the chief of police conducts a background investigation. After the investigation, the license shall be issued unless the chief of police discovers:

a. An outstanding warrant for a felony or a misdemeanor involving moral turpitude for one (1) of the persons described in paragraph (c) of this section, or the applicant.

b. A record or history of fraudulent or deceptive business practices by persons connected with the business.

c. A record or history of business practices that are dangerous to human life by persons connected with the business.

(4) No business license shall be issued until the public works director certifies that the business has adequate backflow protection at the water service connection, to prevent such contaminants or pollutants which could backflow into the public water supply.

(5) Any inspections required under this section shall be completed within five (5) business days of the date and time marked on the application.

(6) As provided in section 7-168(a), a business license application shall be denied where any inspection determines that a nuisance exists on the premises for which the application is made and the applicant fails to abate the nuisance within five (5) days after verbal or written notice thereof.

(e) When any law requires a business to obtain a certificate from the health inspector, the applicant shall obtain approval from the health inspector before issuance of the business license and shall file a copy of the health certificate within thirty (30) days of the issuance of the business license.

(f) No license shall be issued until all appropriate fees have been paid. If all required information is supplied, inspections made, fees paid and it does not appear that any applicable state law or city ordinance will be violated by the operation of the business the license shall be issued.

(g) No business license shall be issued for a home occupation unless the applicant applies for a home occupation business license on forms supplied by the clerk and complies with the home occupation rules under the zoning ordinance and this article.

(h) Nothing in this section shall be construed to require a business license from employees.

(i) Any person aggrieved by any decision relating to the issuance of a license may file an appeal in the manner provided by section 8-128 of this Code.

(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. 625(R), § 1, 8-18-86; Ord. No. 649, § 2, 5-4-87; Ord. No. 1232, §§ 1—3, 9-20-99; Ord. No. 1272, § 1, 11-6-00)

*Editor’s note: The provisions governing privilege taxes are contained in the city tax code adopted by section 8-01 of this chapter.

Sec. 8-124 Renewal and transfer.

(a) Annual business licenses may be renewed by paying the annual fee and by submitting a completed renewal application on forms prescribed by the city clerk.

(1) The city clerk is authorized to send applications for the next year to each licensed business. Such applications should be mailed one (1) month before the expiration date.

(2) Failure of the clerk to mail the applications, or of the business to receive the application, shall not relieve the business from its duty to renew by the expiration date.

(3) On each application form for a business license renewal, the applicant shall state any changes that have occurred in the nature of business, the building occupied by the business, or the business premises.

(b) Any application for renewal not received thirty (30) days after the expiration date shall complete a new business application and shall pay a late renewal fee, as provided in section 8-125(c), in addition to all other fees required.

(c) Any business that fails to renew its license six (6) months after the expiration date shall be required to submit a new application, pay the new license fee, and receive a new business license number.

(d) A license for a particular business may be transferred from one fixed place to another by making application to the clerk. A transfer fee shall be required for a transfer of location. No license shall be transferred until the clerk has obtained approval of the planning department, building inspector, fire inspector, chief of police and health inspector, as required under section 8-123.

(e) No license issued under this article shall be transferred or assigned from one (1) person to another.

(f) Notwithstanding any other section of this Code, an annual business license which has been issued for a fixed place of business 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 city clerk at least ten (10) days before the temporary transfer and pays a nonrefundable fee of five dollars ($5.00);

(3) The licensee shall provide the city clerk 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;

(5) The licensee has obtained the written approval of the police and fire departments; and

(6) The licensee makes no more than five (5) such temporary transfers in any calendar year.

During the period of the temporary transfer, business may also be conducted at the fixed place of business 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. 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. 867, § 1, 6-17-91; Ord. No. 1021, § 1, 11-21-94; Ord. No. 1800, § 1, 11-17-15)

Sec. 8-125 Fees.

(a) The annual license fee provided for herein shall be due and payable in advance to the clerk. Any daily license fee shall be due and payable in advance.

(b) Any person who discontinues business during the period covered by the current license shall not be entitled to any refund of the license fee.

(c) Except as precluded by federal or state law, the following fees shall be charged for applications and licenses:

(1) New license: one hundred dollars ($100.00).

(2) Renewal license: thirty dollars ($30.00).

(3) Temporary special events license: eleven dollars ($11.00).

(4) Late renewal: fifty-five dollars ($55.00) (renewal of thirty dollars ($30.00), delinquent fee of twenty-five dollars ($25.00)).

(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. 625(R), § 2, 8-18-86; Ord. No. 649, §§ 3—5, 5-4-87; Ord. No. 867, § 4, 6-17-91; Ord. No. 1021, § 2, 11-21-94; Ord. No. 1506, 12-7-05; Ord. No. 1707, § 1, 6-7-11; Ord. No. 1800, § 1, 11-17-15)

Sec. 8-126 Posting.

Every person at a fixed place of business shall keep such license posted and exhibited, while in force, in some conspicuous part of the place of business. Every person having such a license, and not having a fixed place of business shall carry such license with him at all times while carrying on that trade, and shall produce and exhibit the same whenever requested to do so by any resident of the city.

(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)

Sec. 8-127 Exemptions.

(a) The provisions of sections 8-122 and 8-135 of this article shall not be applied to the following:

(1) Resident religious or charitable organizations.

(2) Resident nonprofit corporations. A copy of the last annual report filed with the Arizona Corporation Commission must be filed with the city clerk for this exemption to apply.

(3) Persons enrolled in high schools, colleges or grade schools and engaging in school extracurricular fund-raising activities.

(4) Political subdivisions of the United States or the State of Arizona.

(b) Persons engaged in the business of selling insurance who have a current and valid license issued by the State of Arizona shall not be required to comply with section 8-122 or 8-135 of this article or pay a fee under section 8-125, except that each fixed place of business within the city shall be licensed under this article.

(c) Persons engaged in the business of providing services and who receive more than fifty (50) percent of the their income from social security are exempt from the fee required by subsection 8-125(c).

(d) Persons engaged in business for the sole purpose of renting or leasing real property, whether for commercial or residential use, shall be exempt from the provisions of this article. This exemption shall not apply to transient rentals as defined by section 8-101 et seq., or property storage rentals.

(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. 624(2), 8-18-86)

Sec. 8-128 Suspension, revocation, or denial of licenses.

(a) A business license issued under this article may be suspended, or revoked at any time during the life of such license:

(1) For any violation of law that is a threat to life or property relating to the license, the business or the premises occupied.

(2) For failure to provide complete and accurate information on the applications required by this article.

(3) For engaging in business practices that are fraudulent, deceptive, or that endanger lives or property of the public.

(4) As provided in subsection 7-168(b), for causing, permitting, or maintaining, or allowing the creation or maintenance of, a nuisance upon the licensed premises.

(b) If the city manager determines that a business license may be revoked or suspended pursuant to subsection (a), then:

(1) If the operation of the business is an immediate hazard to life or property, he may revoke or suspend the license immediately and shall mail written notice thereof to the local business address.

(2) If the operation of the business is not an immediate hazard to life or property, notice of revocation or suspension shall be sent to the local business address. The revocation or suspension shall not be effective until after the licensee has had an opportunity to rebut the allegations.

(3) Notice of revocation, suspension or denial of a business license required under this section shall be in writing and shall set forth the specific allegations against the licensee. The notice shall be sent to the local business address as shown on the application form. The notice shall advise the licensee of the opportunity to rebut the allegations and shall give the licensee five (5) working days to request a hearing in writing.

(c) If a hearing is requested, then the hearing shall be held:

(1) Within ten (10) days of the request in the case of an immediate revocation or suspension; and

(2) Within thirty (30) days for business license denials or for revocations and suspensions that are not of an immediate nature.

(d) The city council shall appoint five (5) persons to act as a business license review board. Each member of the board shall serve a three-year term beginning on the first day of January of the year appointed. The review board shall have the authority to hear business license revocations or suspensions, or appeals from business license denials. The board shall also make recommendations to council regarding proposed changes to this article.

(e) Hearings conducted before the business license review board may be informal hearings. Parties shall be given full opportunity to present evidence to the board.

(1) After the hearing, the board may affirm the city manager’s action, reverse the city manager’s action, or set a new effective date for a revocation or suspension. The board may take action with three (3) members present and by majority vote of those present.

(2) A licensee or applicant may appeal the decision of the business license review board to the city council by filing written notice with the clerk within five (5) working days of the board’s decision, and council shall hear and determine the matter at the next properly noticed council meeting.

(3) Council action shall be final subject to the right to contest the matter in an appropriate court action.

(f) Any person whose business license has been denied, revoked or suspended under this section may use the services of an attorney at any stage of the proceedings.

(g) Any person whose business license has been denied, revoked or suspended under this article may apply for a new license at any time after the underlying grounds for denial, revocation or suspension have been corrected.

(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. 888, § 3, 11-18-91; Ord. No. 1272, § 2, 11-6-00; Ord. No. 1317, § I, 11-19-01)

Sec. 8-129 Policies.

(a) The policies of the city on business regulation are set out in the various ordinance provisions concerning business regulation and licensing. No city officer or employee shall place or attempt to place any restriction on business except restrictions clearly stated in a city ordinance, state law, or state regulation.

(b) City officers and employees do not have the authority to establish policy, as policy must be set by elected officials. The authority to issue or deny licenses shall not be deemed to authorize refusal of a license for any reason except a reason provided in the ordinance requiring the license, in another city ordinance, or in an applicable state law.

(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)

Sec. 8-130 Inspections of licensed businesses.

(a) Scope. 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) Entry. No person shall refuse entry to any city officer 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) Identification. It is the policy of the city that, immediately upon arriving at the premises to be inspected, the city officer 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 officer or employee 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) Court action. If a city officer 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.

(e) City officer or inspector, as used in this section, means any city official charged with enforcement or inspection duties under the article.

(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)

Sec. 8-131 Special rules relating to sidewalk sales.

(a) License required.

(1) It shall be a misdemeanor for any person, firm, corporation, transient merchant, church, club, charitable institution, hawker or peddler to vend, sell, dispose, or offer to vend, sell, dispose or display any goods, wares, merchandise, produce or vegetables, from a stationary location on any public walk, street, alley, or any public place within the city, without having first obtained a license for sidewalk sales for each vending location from the city clerk for that purpose and having paid a license fee therefor, as hereinafter provided.

(2) Within the historic commercial overlay district, as outlined within Section 12.000, of the City of Kingman Zoning Ordinance, currently licensed businesses in commercial buildings with “0” front lot lines, may display up to three (3) items (no motor vehicles), but not for sale, on the sidewalk adjacent to their building frontage. Any such display shall be subject to the same safety regulations and inspections required of vendors under paragraphs (d) and (e) of this section.

(3) Nothing in this section shall be construed to restrict or deny the sale of food products by a producer, or to impose a tax, license or fee on the sale of food products by a producer. As used in this section “food products” and “producer” have the same meaning as that used in Arizona Revised Statute 3-561. The sale of food products by a producer shall be subject to the same regulations and inspections required of other vendors under paragraphs (d) and (e) of this section.

(b) Application. Application for a sidewalk sale license shall be made in writing to the city clerk. No license shall be issued unless the following is provided:

(1) The name of the applicant, if an individual; the names of partners, if a co-partnership; or the names of the principal officers, if a corporation, church, club or charitable institution.

(2) The location of the place or places where such merchandise, goods, wares, produce or vegetables are to be so displayed and sold.

(3) Proof that the landowners or occupants adjacent to the public right-of-way proposed as the location of the public vending have no objection to the sidewalk sale license.

(4) Proof of a valid and current business license in the name of the person or organization to whom the sidewalk sale license will be issued.

(5) The dates of the sales.

(c) License fee. The license fee to be charged for each location for such application is five dollars ($5.00).

(d) Regulations.

(1) No street or alley shall be blocked by any merchandise offered for sale. A three-foot passageway on the sidewalk for pedestrians shall be left open, and merchandise shall be securely and adequately placed so that it will not endanger passersby or fall or extrude into any street or alley.

(2) Such sales shall not be operated in any manner which would cause a nuisance or create a fire hazard.

(3) Where, in the determination of the inspecting officers, more stringent safety regulations are reasonably necessary to assure the safety and welfare of the public, the officers’ determination shall be listed on the license at the time of its issuance, or shall be listed by the inspecting officers upon the determination that more stringent regulations are needed.

(4) No sidewalk sale license shall be valid for more than three (3) days. No more than ten (10) permits a year will be issued for any one (1) person, organization or establishment.

(e) Inspection. The chief of police and the chief of the fire department shall make or cause to be made sufficient inspections to ensure the compliance with the provisions of this section and other applicable provisions of the city ordinances by the personnel conducting such sales.

(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. 1270, § 1, 11-6-00)

Cross references: Streets and sidewalks, § 5-156 et seq.

Sec. 8-132 Special requirements relating to pawnbrokers and pawnshops.

(a) Reports required daily. Every person engaged in the business of pawnbroker shall make out and deliver to the chief of police a true, complete and legible report of all goods and articles received on deposit or consignment, in pawn, pledge, trade or exchange or by purchase. The report shall be made upon forms furnished by the police department and shall be delivered within twenty-four (24) hours after receipt of the property concerned. The pawnbroker shall pay to the police department a three-dollar processing fee for each form completed. Each sheet shall contain for each item received:

(1) A description of the property, including brand name and serial number, if any.

(2) The amount loaned or paid for the property, or amount allowed in trade.

(3) The number of the pawn ticket, if any.

(4) The date and time when the property was received.

(5) The signature of the person from whom the property was received.

(6) The name (printed), address and age of such person. The reporting party shall require each person to show proof of his name by exhibiting state or federal identification, unless such person is known to the reporting party.

(7) A description of such person, consisting of height, weight, race, complexion and hair color.

(b) Stolen items for not resale. Upon notification by representatives of the police department that goods and articles received on deposit or consignment, in pawn, pledge, or any other manner are fruits of a crime, no pawnbroker shall dispose of such property.

(c) Suspension of license. Notwithstanding any other provisions of this article, the license of any pawnbroker shall be suspended for one (1) year upon a showing that the operator of such establishment has been convicted of violating any of the provisions of this article or Section 13-1802 or Sections 44-1621 through 44-1627, Arizona Revised Statutes, in the conduct of business of such establishment. The license of any pawnbroker may be suspended for a period not to exceed one (1) year upon a showing that an employee of such establishment has been convicted of violating any of the provisions of this article or Section 13-1802 or Sections 44-1621 through 44-1627, Arizona Revised Statutes, in the conduct of business of such establishment.

(d) Employment of certain persons. No person engaged in business as a pawnbroker shall knowingly permit a person whose pawnbroker business license is under suspension or revocation to be employed in any capacity of such establishment.

(e) Period of suspension, etc. No person who has had a pawnbroker license suspended, as revoked or renewal refused shall be permitted to obtain another business license for a period of one year.

(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. 1499, § 1, 10-3-05)

Sec. 8-133 Special requirements relating to swap meets.

(a) License required. It shall be a misdemeanor for any person to operate a swap meet within the corporate limits without first obtaining a license as a swap meet proprietor; and it shall be a misdemeanor for any person to practice or carry on any business at a swap meet without first obtaining a license as a swap meet vendor, as provided in this article.

(b) Vendor permit. Annual or weekly swap meet vendor licenses shall be obtained from the city clerk, except, however, on weekends or holidays the swap meet proprietor may issue weekly swap meet vendor permits. If the swap meet proprietor issues weekly swap meet permits, the proprietor shall collect the weekly permit fees and turn them into the city finance director on the first business day following the issuance of the permits. A weekly swap meet vendor permit shall be issued prior to any review under section 8-123. The permit shall be reviewed by the chief of police and may be revoked upon any reason listed in subsection 8-123(c)(3).

(c) Swap meet proprietor responsibility. It shall be a violation of this Code for a swap meet proprietor to fail to comply with the requirements of this article, and in particular:

(1) To allow a swap meet upon premises owned or controlled by the proprietor without being in possession of a swap meet proprietor’s license.

(2) To fail to keep accurate records of each swap meet vendor license permit issued by the swap meet proprietor or to fail to turn in the proceeds or permit forms to the city finance director on the first business day following the issuance of the weekly license.

(3) To allow a swap meet vendor to conduct a sale, barter, or participate in a swap meet, when the swap meet vendor does not have an annual swap meet vendor license or a weekly swap meet vendor permit.

(4) To fail to maintain the swap meet premises in a clean unlittered condition, free and clear of all abandoned merchandise, rubbish, and debris; and to fail to provide and maintain public restroom facilities in accordance with the current health codes.

(5) To conduct a swap meet on the property in such a way as to cause traffic congestion on abutting public streets or create loud noises, nuisances, or disturbances whereby the quiet and orderliness of the premises or of the neighborhood is disturbed.

(6) To conduct a swap meet without providing adequate area for designated vendor spaces and customer parking.

(7) To conduct a swap meet for more than sixteen (16) hours in any twenty-four-hour period.

(8) To conduct a swap meet with less than three (3) vendors.

(9) To conduct a swap meet in a zone other than a commercial or industrial zone.

(d) Swap meet vendor responsibility. It shall be a violation of this Code for a swap meet vendor to fail to comply with the following requirements:

(1) To fail to obtain and post in a conspicuous place at the swap meet vendor’s assigned location a city swap meet vendor license (weekly or annual).

(2) Each swap meet vendor shall register with the swap meet proprietor on each business day.

(3) Each swap meet vendor shall pay the transaction privilege (sales) tax for sales of each business day to the swap meet proprietor for payment to the city. Failure to pay sales tax for previous weeks shall be grounds for denial of a new license.

(4) Each swap meet vendor shall keep his booth, stall, or space free of rubbish and debris.

(5) Unless enclosed in a building, at the end of each day, the swap meet vendor shall remove all merchandise from the swap meet site or enclose all merchandise in opaque enclosures.

(6) A swap meet vendor shall comply with federal firearms licensing regulations to display or offer for sale any firearm as defined in the Arizona Revised Statutes.

(e) Regulation.

(1) Nothing in this article shall exempt a sale made at a swap meet from taxes payable pursuant to Chapter 8, Article II, “Privilege Tax” of this Code.

(2) Nothing in this article shall exempt a proprietor or vendor from compliance with all laws of the State of Arizona and of the United States.

(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)

Sec. 8-134 Special rules relating to outdoor exhibitions.

(a) Scope. The provisions of this section shall apply to all outdoor exhibitions, including public shows, circuses, concerts, carnivals, auctions and other outdoor assemblies whether or not it is conducted using canvas tents, bleachers, or other temporary structures.

(b) Exemptions. The following are exempt from the provisions of this section:

(1) Any exhibition for which a parade permit has been obtained;

(2) Any exhibition conducted pursuant to a parks permit;

(3) Any exhibition sponsored by another political subdivision or by the City of Kingman;

(4) A sidewalk sale licensed pursuant to section 8-128; or a swap meet licensed under section 8-133;

(5) Produce sold by a producer as defined by A.R.S. 3-561, so long as conducted pursuant to the same inspections as other vendors;

(6) Any assembly consisting of less than one hundred (100) persons;

(7) Any exhibition or assembly exempt under federal or state law.

(8) Any exhibition or assembly for which a temporary transfer of an annual business license has been made pursuant to subsection 8-124(f).

(c) License required. It shall be unlawful to conduct an outdoor exhibition without a license issued by this section.

(d) Requirements for issuance. The license required by this section shall be issued upon the following:

(1) Compliance with other applicable sections of this article;

(2) Approval from the chief of police that the assembly should not cause a public nuisance from noise, dust, or traffic congestion;

(3) A certificate of compliance with the zoning laws;

(4) An inspection and approval by the building official and fire inspector that any canvas or other temporary structure to be used is in compliance with paragraph (e) of this section;

(5) An inspection and approval of sanitation facilities by the health official;

(6) Payment of any license fee required by section 8-125;

(7) A certificate of insurance naming the city for not less than fifty thousand dollars ($50,000.00) liability for the injury or death of one person and not less than three hundred thousand dollars ($300,000.00) for injury or death in any one accident.

(e) Application for license. The applicant for a outdoor exhibition license shall at least ten (10) days prior to the date of the exhibition file an application in writing with the city clerk, which application shall be accompanied by a set of plans for any structure to be used, in duplicate, drawn to scale, which shall indicate clearly:

(1) Type of construction;

(2) Seating arrangements;

(3) Aisles;

(4) The structural details and calculations of the seats and supports;

(5) Location of all electrical wiring;

(6) Location of all exits;

(7) Location of all fire equipment within the structure and the specifications of such equipment;

(8) Location of adjacent structures and obstructions which might hinder the free egress of persons from the exits.

Such application shall further specify:

(1) The information required by section 8-123 of this article;

(2) Length of time the structure is intended to be used for the purpose applied for;

(3) Hours of the day or night during which such structure is intended to be used as a place of assembly;

(4) Formula of the solution which is to be used or has been used to flameproof the structure;

(5) Number and location of sanitary facilities for persons using the premises on which such structure is to be erected or is maintained;

(6) Such other relevant information as the fire chief may require.

(f) Investigation.

(1) Approval of plans. The fire chief shall examine such plans and if the same are in conformity with city ordinances, then he shall approve the same and give the applicant a written statement showing such approval.

(2) Inspection by health inspector. The health inspector may make an inspection to determine if provision has been made for satisfactory sanitary facilities on or near the premises on which the structure is maintained or is to be maintained.

(3) Fire equipment. If the fire chief determines that the attendance of any fire apparatus or equipment is necessary at or in the vicinity of such structure for fire protection, he shall notify the applicant and the city clerk before the approval of the application. Every applicant shall, when the presence of the city fire equipment is deemed necessary, pay to the city clerk one hundred dollars ($100.00) for the use of such equipment. This fee shall be in addition to all other fees required.

(4) Further inspections. The fire chief and the health inspector may make further inspections in order to ascertain that the provisions of city ordinances are being complied with.

(5) Revocation of permit. If the fire chief or the health inspector finds that the structure or the premises upon which it is located, or any performance held therein, is being operated or maintained in violation of this article or of any other applicable ordinances of the city, or in such a manner as to cause a fire or health hazard as the case may be, the permit granted hereunder shall be revoked and the premises shall not again be occupied until such time as the violations are corrected.

(g) Thirty-day limit. No outdoor exhibition shall be allowed to remain in any one location for more than thirty (30) days.

(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. 867, § 2, 647-91)

Sec. 8-135 Special rules relating to peddlers.

(a) Registration required. In addition to the other requirements of this article, any person within the city who operates as a solicitor, peddler, hawker, salesman or vendor of goods, wares, merchandise, newspapers, magazines or services and goes house to house, or to only one house (unless by appointment), shall register with the city clerk and obtain an identification card showing such registration. The clerk shall refer all applications to the chief of police for investigation.

(b) Investigation.

(1) Applicants for registration under the terms of paragraph (a) shall furnish the information required under section 8-123.

(2) Such applicants for registration shall be required to furnish to the police department a complete description of the product to be sold in the city, together with information regarding sales methods to be used and references that will enable the chief of police to determine whether or not such applicant is qualified to receive a registration card as provided in paragraph (c). Investigation by the chief of police under the provisions of this chapter shall be completed within five (5) working days after the applicant has given the required information.

(c) Issuance of registration cards. Registration cards under this section shall be issued, upon payment of the fee pursuant to section 8-125, to all applicants who have complied with paragraph (b), unless the chief of police discovers that the applicant is not a proper person to be permitted to go from house to house because of any of the following reasons:

(1) The applicant has a criminal record;

(2) The applicant has or is associated with a company that has engaged in fraudulent dealings; or

(3) The proposed sales proposition includes some element of trickery, fraud or deceit, in which case, in the interest of public safety and protection, the applicant shall not be registered.

(d) Revocation of registration cards. Registration cards under this section may be revoked by the chief of police at any time if deemed necessary in the interest of public safety and protection. A revocation may be appealed pursuant to section 8-128.

(e) Peddling without registration cards prohibited. It is a misdemeanor for any person to take part in the act of soliciting, peddling, hawking, selling or vending of goods, wares, merchandise, newspapers, magazines or services from house to house, or to only one house in the city without having registered with the city clerk and without having obtained a registration card; without having such card in possession; or failing to exhibit such card when request is made for the registration card by any resident or official of the city.

(f) Signs to be observed. It is unlawful for any peddler, solicitor or canvasser in the course of his business to ring the doorbell or knock at any building whereon a sign bearing the words “no peddlers, solicitors or canvassers” is exposed to public view. Persons who deliver daily or weekly newspapers shall be exempt from this section.

(g) Door-to-door newspapers. Solicitation for future door-to-door delivery of newspapers is exempt from this section.

(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)

Sec. 8-136 Special rules relating to street vendors.

(a) Permit fee. It shall be a misdemeanor for any person to conduct business as a street vendor upon any street in the city, without first securing a permit for each vehicle, cart, wagon or other device and paying the fee as provided in section 8-125.

(b) Regulations. The following rules and regulations shall be complied with by each person engaging in business as a street vendor:

(1) It shall be unlawful for any street vendor to sell or attempt to sell any commodity:

a. By means of any outcry, sound, speaker or amplifier, or any instrument or device which can be heard for a distance greater than three hundred (300) feet, or when passing a hospital, or a church or other place of worship during the hours when services are being held.

b. With five hundred (500) feet of any school during the school year.

(2) It shall be a violation of this Code for any street vendor to use, play or employ the use of any sound, outcry, amplifier, loudspeaker, radio, phonograph with a loudspeaker or amplifier or any other instrument or device when the vendor is stopped for the purpose of making a sale.

(3) The use by any street vendor of any outcry, sound, amplifier, loudspeaker, radio, phonograph with a loudspeaker or amplifier or any instrument or device which emits sound shall be prohibited before the hours of 9:00 a.m. on week-days and 10:00 a.m. on Sundays, or after 9:00 p.m. on any day.

(4) It shall be a violation of this Code for any street vendor to:

a. Exceed a speed of twelve (12) miles an hour when cruising neighborhoods seeking sales;

b. Stop anywhere within twenty-five (25) feet of an intersection when making a sale or attempting to make a sale;

c. Double park, or park in any manner contrary to any ordinance relating to parking when attempting a sale or when making a sale;

d. Make a U-turn on any block;

e. Drive his vehicle backwards to make or attempt any sale;

f. Permit any person to hang on the vehicle or permit any person to ride in or on the vehicle except a bona fide assistant or assistants;

g. Remain standing or stopped at any place for a period of time exceeding ten (10) minutes, except at the location of and during a special event.

h. Vend from a sidewalk in residential neighborhoods.

(5) It shall be unlawful for any person to practice or carry on the business of street vending by selling any merchandise, goods, wares other than food commodities, beverages, flowers, balloons or amusement commodities similar to flowers or balloons.

(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. 649, § 6, 5-4-87)

Sec. 8-137 Open lot sales prohibited.

It is unlawful for any person to practice or carry on any business, including business as a peddler, solicitor, canvasser, 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 8-131, 8-133, 8-134, or 8-136 of this article and the business is otherwise conducted in compliance with this article.

(c) The business is the sale of Christmas trees.

(d) Produce sold by a producer as defined by A.R.S. 3-561.

(e) 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 subsection 8-124(f) and the business is otherwise conducted in compliance with this article.

(h) Yard sales.

(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. 649, § 7, 5-4-87; Ord. No. 867, § 3, 6-17-91; Ord. No. 1271, § 2, 11-6-00; Ord. No. 1738, § 1, 8-21-12)

Sec. 8-138 False or deceptive practices prohibited.

It is unlawful for any person who practices or carries on any business in this city to make false, deceptive or misleading statements concerning the quality, quantity or character of any goods or services offered for sale.

(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)

Sec. 8-139 Reserved.

Editor’s note: Section 1 of Ord. No. 1269, adopted Nov. 6, 2000, repealed § 8-139 which pertained to penalties for violations of this chapter and derived from Ord. No. 590, § 2, adopted Nov. 4, 1985, and made public record by Res. No. 1008, adopted on the same date; Ord. No. 602, § 1, adopted Mar. 17, 1985, and made public record by Res. No. 1035, adopted on the same date; and Ord. No. 1232, adopted Sept. 20, 1999. Section 2 of Ord. No. 1269 enacted applicable penalties for violations as set out in § 1-8 of this Code.

Sec. 8-140 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. 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)


1

Editor’s note: Ord. No. 590, § 1, adopted Nov. 4, 1985, repealed Art. IV, which consisted of §§ 8-121—8-33; § 2 of Ord. No. 590 added back a new Art. IV, 14-10—14-14 and 14-16 and from the following ordinances: Ord. No. 341, 2-13-79; Ord. No. 354, 6-11-79; Ord. No. 391, 8-11-80; Ord. No. 425, 7-13-81; Ord. No. 447, 4-12-82; Ord. No. 470, 9-13-82; Ord. No. 546, 1-21-85.