Chapter 8
BUSINESS REGULATIONS

Articles:

8-1    Peddlers

8-1A    Charitable, Religious, Educational, Patriotic and Philanthropic Organizations

8-2    Business License Code

8-3    Distribution of Handbills

8-4    Utility Facilities Located in Public Rights-of-Way

8-5    Structured Sober Living Homes

8-6    E-Waste Automated Kiosks

8A-1    Adoption of Model Tax Code

Article 8-1
Peddlers

Sections:

8-1-1    Business License and Registration Required

8-1-2    Application to City

8-1-3    Issuance of Registration Cards

8-1-4    Revocation of Registration Cards

8-1-5    Peddling Without Registration Cards Prohibited

8-1-6    Permission Required for Selling on Streets or Sidewalks

8-1-7    Signs to be Observed

8-1-8    Hours of Solicitation Limited

8-1-9    Newspaper Vendors Exempt

Section 8-1-1 Business License and Registration Required

It is unlawful 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 obtained a business license pursuant to Article 8-2 and having registered with the city pursuant to this article. Such persons shall be referred to as “peddlers” in this article. Charitable, religious, educational, patriotic and philanthropic organizations shall not be required to comply with this article but shall comply with the permit requirements of Article 8-1A. (Ord. 10-157 § 1)

Section 8-1-2 Application to City

A.    Applications for registration cards shall be filed with the city clerk. Applicants shall provide their vehicle license number and two satisfactory passport-size photographs of the applicant. One photograph shall be attached to the applicant’s registration card and the other shall be retained by the city.

B.     Each applicant shall submit a full set of fingerprints to the city clerk. The city clerk or designee shall forward the fingerprints accompanied by appropriate fees to the state Department of Public Safety for the purpose of seeking criminal history information on such applicant pursuant to A.R.S. § 41-1750 and Public Law 92-544. The Department of Public Safety may exchange this fingerprint data with the Federal Bureau of Investigation. Information obtained shall be used only for the purpose of evaluating applications for registration cards for peddlers in the city and shall otherwise remain confidential. The applicant shall pay the fingerprinting fee charged to the city by the state Department of Public Safety at the time of filing the application. The fingerprinting fee shall be nonrefundable.

C.    Applicants shall furnish to the city clerk 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 city clerk to determine whether or not such applicant is qualified to receive a registration card as provided in Section 8-1-3. Investigation by the city clerk under the provisions of this article shall be completed within fifteen business days after the applicant has given the required information. The fifteen-day time period shall be extended if the criminal history information has not been received at least thirteen business days prior to the end of the fifteen-business-day period. In that case, the time for issuing the registration card shall be extended to two business days following receipt by the city of such information. (Ord. 10-157 § 1)

Section 8-1-3 Issuance of Registration Cards

A.     The city clerk shall issue a registration card only in compliance with this article.

B.     The applicant shall pay to the city clerk the costs for processing the application, including but not limited to city staff time in accordance with a schedule adopted by the city council. Such fee shall be paid at the time the application is submitted.

C.    An application may be denied for any of the following reasons: (1) the applicant has a criminal record; (2) the applicant is associated with a company that has engaged in fraudulent dealings; (3) the proposed sales proposition includes some element of trickery, fraud or deceit or (4) the applicant fails to obtain a business license pursuant to Article 8-2. An applicant may appeal the denial of an application for a registration card by filing a written appeal with the council within fourteen business days after notice of the denial has been mailed by first class mail postage prepaid to such person’s last known address setting forth the grounds for the appeal. The council shall set a time and place for a hearing on such appeal. Notice of such hearing shall be given to the applicant in the same manner as provided for notice of hearing on revocation. The decision and order of the council on such appeal shall be final. (Ord. 10-157 § 1)

Section 8-1-4 Revocation of Registration Cards

A.    Registration cards issued under the provisions of this article automatically expire thirty days after issuance. Registration cards may be revoked after notice and hearing if it is determined that the person has a criminal record, the person is associated with a company that has engaged in fraudulent dealing, or the sales include trickery, fraud or deceit.

B.    A person whose registration card has been revoked shall have the right of appeal to the council. Such appeal shall be taken by filing with the council, within fourteen business days after notice of the revocation has been mailed by first class mail postage prepaid to such person’s last known address, a written statement setting forth the grounds for the appeal.

C.    Notice of the hearing for revocation shall be given in writing, setting forth specifically the grounds for the appeal and the time and place of hearing. Such notice shall be mailed by first class mail postage prepaid to the registrant at his last known address at least five business days prior to the date set for hearing. The decision and order of the council on such appeal shall be final. (Ord. 10-157 § 1)

Section 8-1-5 Peddling Without Registration Cards Prohibited

It is unlawful 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 a registration card issued by the city clerk or without having such card in possession or failing to exhibit such card when request is made for the registration card by any resident of the city or an officer of entity providing public safety services to the city. (Ord. 10-157 § 1)

Section 8-1-6 Permission Required for Selling on Streets or Sidewalks

It is unlawful for any person to erect or maintain any booth, stand, cart or counter on any street or sidewalk in the city for the purpose of barter, sale or trade, or keep or maintain upon the streets, alleys, or sidewalks any wagon, cart, wheel, vehicle, movable booth or stand for the purpose of barter or trade except as part of an approved event sponsored or approved by the council. (Ord. 10-157 § 1)

Section 8-1-7 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 prohibiting peddlers, solicitors or canvassers is exposed to public view.

Section 8-1-8 Hours of Solicitation Limited

It is unlawful for any peddler, solicitor or canvasser to maintain his business prior to the hour of eight o’clock a.m. on any business day or after sunset during any business day.

Section 8-1-9 Newspaper Vendors Exempt

Newsboys are exempt from the provisions of this article for the sale of newspaper subscriptions.

Article 8-1A
Charitable, Religious, Educational, Patriotic and Philanthropic Organizations

Sections:

8-1A-1    Permit Required

8-1A-2    Issuance of Permit

8-1A-3    Expiration and Revocation of Permits

Section 8-1A-1 Permit Required

It is unlawful for any charitable, religious, educational, patriotic or philanthropic organization, society, association, corporation or other entity to solicit in its name, money, donations of money or property, or financial assistance, to sell any service, or to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons, other than members of such organization, in the city without having obtained a permit pursuant to this article. (Ord. 10-157 § 1)

Section 8-1A-2 Issuance of Permit

A.    The city clerk shall issue a permit without charge to applicants who have complied with this article.

B.    The application for a permit shall contain the following information:

1.    Name and purpose of the cause for which permit is sought.

2.    Names and addresses of the officers and directors of the organization.

3.    Period during which solicitation is to be carried on.

4.    Whether or not any commission, fees, wages or emoluments are to be expended in connection with such solicitation and the amount thereof.

C.    Such organization, society, association or corporation shall furnish all of its members, agents or representatives conducting solicitation a copy of the permit and credentials, in writing, stating the name of the organization, society, association or corporation, the name of agent and the purpose of solicitation.

D.    An application may be denied if the organization does not present satisfactory evidence of being a nonprofit charitable, religious, educational, patriotic or philanthropic organization, society, association, corporation or similar entity. (Ord. 10-157 § 1)

Section 8-1A-3 Expiration and Revocation of Permits

A.    Permits issued pursuant to this article automatically expire thirty calendar days after issuance. A permit may be revoked if the person engages in fraudulent dealing.

B.    A person whose permit has been revoked shall have the right of appeal to the council following the procedures for revocation set forth in Section 8-1-4. (Ord. 10-157 § 1)

Article 8-2
Business License Code

Sections:

8-2-1    License Required

8-2-2    Issuance of License

8-2-3    Payment

8-2-4    Posting of License

8-2-5    Zoning Regulation

8-2-6    Exhibition of License Required

8-2-7    License Not Transferable

8-2-8    Exemption

8-2-9    Fees

8-2-10    Information Required

8-2-11    Denial and Revocation of Licenses; Hearing

8-2-12    Appeal

8-2-13    Interim Licenses

8-2-14    Re-application for License

Section 8-2-1 License Required

A.    It is unlawful for any person to carry on any trade, calling, profession, occupation or business in the city without a valid business license from the city, except a property owner or property management company is not required to obtain a business license to rent residential real property to a person for residential use.

B.    All licenses shall be issued for a period of one year and shall run January through December. No license shall be renewed unless the licensee conforms to the provisions of this code. Licenses issued shall not be transferable.

C.    Special events authorized pursuant to Chapter 19 are exempt from the requirement to obtain a business license pursuant to this article. (Ord. 13-193 § 1; Ord. 11-169 § 1)

Section 8-2-2 Issuance of License

A.    Nothing in this article, and no payment for or issuance of any license issued under the provisions of this article, shall be deemed to legalize any act which otherwise may be in violation of the law, or to exempt any person from any penalty for such violation.

B.    Applications for business licenses shall be submitted to the finance officer. Upon compliance with this article, it shall be the duty of the finance officer to issue business licenses within sixty days of submittal of a complete application and to state in each license the amount charged, the period of time covered, and the name of the person, firm or corporation for whom issued.

C.    In no case shall any mistake in stating the amount of a license prevent or prejudice the collection by the city of what shall be actually due from anyone required to obtain a business license pursuant to this article.

Section 8-2-3 Payment

A.    All business license fees shall be paid at the office of the city clerk in such manner as may be specified by the clerk. License fees shall be paid in the amounts and be due on or before issuance of the license or renewal thereof.

B.    A separate license shall be obtained for each branch establishment or separate place of business in which any trade, calling, profession, occupation or business is carried on. Each license shall authorize the person obtaining such license to carry on, pursue or conduct only that trade, calling, profession, occupation or business described in such license and only at the location or place of business that is indicated.

Section 8-2-4 Posting of License

Every person having a license required by this article and carrying on a trade, calling, profession, occupation or business at a fixed place of business shall keep such license posted and exhibited 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, calling, profession, occupation or business for which the same was granted. Every person having a business license required by this article shall produce and exhibit the license when applying for a renewal thereof and whenever requested to do so by any police officer or by any other authorized person.

Section 8-2-5 Zoning Regulation

It shall be the responsibility of the licensee to ensure that the city’s zoning regulations are complied with before applying for a business license and during the term of the license. The payment of a license fee or issuance of a license shall not be deemed to validate the conduct of any business, activity, calling, vocation, profession, or trade at the said address.

Section 8-2-6 Exhibition of License Required

Authorized representatives of the city shall have the power to enter free of charge any place of business during regular business hours for which a license is required by this article and to demand the exhibition of such license for the current term from any person engaged or employed in the transaction of any such business. It is unlawful for such person to fail to exhibit such license when requested to do so.

Section 8-2-7 License Not Transferable

No license issued under the provisions of this article shall be assignable or transferable to any other person, firm, company or corporation other than is therein.

Section 8-2-8 Exemption

Any person wishing to sell any form of agricultural products produced by him shall be exempted from any license tax imposed by this article for the privilege of selling such products only. Before receiving the exemption, an affidavit of the facts entitling the seller to an exemption must be filed with the clerk.

Section 8-2-9 Fees

All persons required to have a business license pursuant to this article shall pay a license fee in the amount to be set by council resolution, which fees shall be reasonably related to the cost of administering the business license fee program.

Initial Application Fee

$10.00

Annual License Fee

$35.00

(Ord. 13-193 § 1; Res. 07-243; Res. 06-222)

Section 8-2-10 Information Required

A.    The application for a license shall include the following information:

1.    Name;

2.    Permanent and local address;

3.    Business address;

4.    A brief description of the nature of business conducted and goods being sold;

5.    State privilege license number;

6.    Proof of compliance with the city privilege license tax code;

7.    Signature of applicant.

B.    A.R.S. § 41-100 restricts the city’s authority to issue business licenses to those applicants lawfully present in the United States. Unless the applicant is exempt as described in this subsection, the city may not issue a business license to an individual unless that individual presents any one of the following documents:

1.    Arizona driver’s license issued after 1996 or an Arizona nonoperating identification license;

2.    Driver’s license issued by any state that verifies lawful presence in the United States;

3.    Birth certificate or delayed birth certificate issued in any state, territory, or possession of the United States;

4.    United States certificate of birth abroad;

5.    United States passport;

6.    Foreign passport with a United States visa;

7.    Form I-95 with a photograph;

8.    United States Citizenship and Immigration Services employment authorization document or refugee travel document;

9.    United States certificate of naturalization;

10.    United States certificate of citizenship;

11.    Tribal certificate of Indian blood; or

12.    Tribal or Bureau of Indian Affairs affidavit of birth.

C.    If all of the following apply, an individual is exempt from the requirement that he present one of the documents listed in subsection (B) of this section, prior to being issued a business license:

1.    The individual is a citizen of a foreign country or, if at the time of application, the individual resides in a foreign country; and

2.    The benefits that are related to the license do not require the individual to be present in the United States in order to receive those benefits. (Ord. 10-154 § 1)

Section 8-2-11 Denial and Revocation of Licenses; Hearing

A.    Business licenses may be denied, modified, suspended or revoked by the finance officer after notice and hearing before the city manager for any of the following causes:

1.    Fraud, misrepresentation of false statement contained in the application for license.

2.    Any violation of this article or failure to meet any licensing requirements, including timely payment of fees.

3.    Conducting a business in violation of any federal, state, county or local law.

4.    The licensee is convicted of untrue, fraudulent, misleading or deceptive advertising.

5.    The licensee is a corporation and is no longer qualified to transact business in the state.

6.    Failure to provide the information required by Section 8-2-10(B).

B.    Notice of a hearing shall be mailed to licensee by the city manager at least ten days prior to the hearing and shall set forth specifically the grounds of complaint and the time and place of hearing.

C.    The city manager shall issue a written decision and mail notice thereof within ten days after the hearing, setting forth the findings and grounds for the decision, to the licensee. (Ord. 10-154 § 1)

Section 8-2-12 Appeal

A.    Any person aggrieved by the denial, modification, suspension, or revocation of a license shall have the right to appeal to the council. The appeal must be filed with the city clerk no later than fourteen days after the city manager’s decision has been mailed to the person, and must consist of a written statement fully describing the grounds for appeal.

B.    The city clerk shall set a time and place for a hearing before the council on such appeal, to be held within thirty days from the filing date of the appeal. Notice of such hearing shall be mailed by the city clerk, to the appellant setting forth specifically the time and place of the hearing.

C.    The decision of the city council on appeal shall be final, except any person aggrieved may appeal the decision to superior court.

D.    Any non-renewed or revoked license shall be surrendered to the city clerk on demand at the expiration of the appeals process.

Section 8-2-13 Interim Licenses

A.    A licensee may obtain an interim license to conduct business operations pending its appeal of town’s decision to deny renewal, modify, suspend, or revoke a license under this article. The licensee shall apply for an interim license by submitting to the finance officer a written request for an interim license, along with a copy of the notice of appeal (filed for city council or judicial review), and any materials required for a license but not previously provided. The finance officer will issue an interim license within one business day of receipt of the foregoing materials. No fee will be charged for an interim license.

B.    An interim license does not constitute permission to violate laws or create a public nuisance. A business may be immediately closed if it constitutes an immediate threat or danger to public health and safety or property, pursuant to applicable building, fire, health and safety regulations or as determined by the court.

C.    An interim license automatically expires upon the court’s entry of final judgment on the licensee’s appeal, and shall be surrendered to the development services manager within ten days thereafter.

Section 8-2-14 Re-application for License

No person may apply for a business license under this article within one year from the denial or revocation of any such license.

Article 8-3
Distribution of Handbills

Sections:

8-3-1    Definitions

8-3-2    Posting Notice, Handbill, etc., Prohibited

8-3-3    Throwing Handbills in Public Places; Lawful Distribution

8-3-4    Placing Handbills in or Upon Vehicles

8-3-5    Distributing Handbills and Subscribed Materials at Private Premises

8-3-6    Distributing Handbills at Registered Premises Prohibited

Section 8-3-1 Definitions

The following words, terms and phrases, when used in this article, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A.    “Handbill” shall mean and include any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature, except “handbill” shall not mean any materials delivered pursuant to a subscription.

B.    “Private premises” shall mean and include any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited, uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.

C.    “Public place” shall mean and include any and all streets, boulevards, avenues, lanes, alleys, or other public ways, and any and all public parks, squares, spaces, plazas, grounds and buildings. (Ord. 99-50 § 1; Ord. 98-46 § 1)

Section 8-3-2 Posting Notice, Handbill, etc., Prohibited

No person shall post, stick, stamp, paint or otherwise affix, or cause the same to be done by any person, any notice, handbill, advertisement or other device calculated to attract the attention of the public, to or upon any sidewalk, crosswalk, curb or curbstone, flagstone, or any other portion or part of any public way or public place, or any lamp post, electric light, telegraph, telephone pole, or railway structure or building, hydrant, shade tree or tree-box, or upon the piers, columns, trusses, girders, railings, gates or other parts of any public bridge or viaduct, or other public structure or building, or upon any pole, box or fixture of a fire alarm except such as may be authorized or required by the laws of the United States, or the State of Arizona, and the ordinances of the city. (Ord. 99-50 § 1; Ord. 98-46 § 1)

Section 8-3-3 Throwing Handbills in Public Places; Lawful Distribution

It shall be unlawful for any person to deposit, place, throw, scatter or cast any handbill in or upon any public place within the city which has been registered with the city clerk pursuant to Section 8-3-6; provided, however, that it shall be lawful for any person in or upon a public place to give a handbill to any person willing to accept such handbill, and it shall be lawful to post a handbill on a kiosk or other fixture expressly designated by the city or other governmental entity for handbills. (Ord. 99-50 § 1; Ord. 98-46 § 1)

Section 8-3-4 Placing Handbills in or Upon Vehicles

It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill in or upon any automobile or vehicle, unless secured under the windshield wiper or by other means to prevent the material from being blown or drifted away from the vehicle. The provisions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any handbill to the owner or other occupant of any automobile or other vehicle, who is willing to accept the same. (Ord. 99-50 § 1; Ord. 98-46 § 1)

Section 8-3-5 Distributing Handbills and Subscribed Materials at Private Premises

Except where the owner or occupant of the premises requests otherwise, a person may place or deposit any handbill or subscribed materials in or upon private premises, if placed thereon in such a manner as to prevent the handbill or subscribed materials from being carried or deposited by the wind or other elements upon any street, sidewalk, or other public place, or upon neighboring private property. For purposes of this section, “subscribed materials” shall mean newspapers and any other printed or written matter delivered to the premises pursuant to a subscription. (Ord. 99-50 § 1; Ord. 98-46 § 1. Formerly 8-3-7)

Section 8-3-6 Distributing Handbills at Registered Premises Prohibited

A.    It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill upon any premises at an address officially registered with the city clerk for the purposes of avoiding the same, unless such person demonstrates to the city clerk that: (1) good faith efforts have been made to comply with the requirements of this section and that (2) the person, its employees or agents has made no more than three erroneous deliveries to the same premises within a six-month period. A delivery will not be counted as “erroneous” if the delivery was made to an address newly added to the registry, and less than ten days have passed since the updated registry was mailed by the city clerk to the person who made the delivery.

B.    The city clerk will maintain a registry of the addresses of all residents or property owners who by affidavit have expressed the desire not to receive any handbill at their home or premises. Any address placed in the registry shall automatically expire on January 31st of each year, unless the resident or property owner files a written request with the city clerk within thirty days prior to the expiration date requesting that such registration be continued for the upcoming year. A resident or property owner may request to be removed from the registry at any time, and the city clerk shall remove the name from the registry within three working days.

C.    Any person seeking to engage in the distribution of any handbill, from house to house, or to any premises in the city, shall obtain a list of all addresses registered pursuant to this section with the city clerk. Upon request and payment of an annual administrative fee not to exceed ten dollars, the city clerk will mail on a monthly basis a copy of the registry to any person. (Ord. 99-50 § 1; Ord. 98-46 § 1. Formerly 8-3-8)

Article 8-4
Utility Facilities Located in Public Rights-of-Way

Sections:

8-4-1    General

8-4-2    Definitions

8-4-3    Franchise or Annual Permit Required

8-4-4    Utility Franchises

8-4-5    Annual Permits for Utilities without Franchise

8-4-6    Limitations

8-4-7    Annual Permit or Franchise Not Exclusive

8-4-8    Remedies Not Exclusive

Section 8-4-1 General

A.    The council finds that the public rights-of-way are valuable assets belonging to the public and that utilities operating and using utility facilities within the public rights-of-way for a commercial or other purpose should secure either a franchise or an annual permit and compensate the city for that use in amounts established from time to time by the council.

B.    All work undertaken by utilities related to the construction, reconstruction, repair, alteration and grading within the public rights-of-way shall be in accordance with Article 7-16, but no such work shall be authorized unless the utility is also in compliance with this article.

C.    The fees and requirements contained in this article are in addition and supplemental to any other fee or requirement set forth in this code or otherwise established by the city. (Ord. 13-190 § 1)

Section 8-4-2 Definitions

“Annual permit” means the permit issued pursuant to Section 8-4-5.

“Franchise” means a franchise issued pursuant to Section 8-4-4, the Arizona State Constitution and A.R.S. §§ 9-501 through 9-502.

“Public rights-of-way” means all roads, streets and alleys and all other dedicated public rights-of-way and public utility easements of the city.

“Utility” means an entity, other than the city, providing electric, gas, water or sewer service in the city for compensation, including public service corporations, special districts and other municipalities.

“Utility facilities” means plant, equipment and property, not owned by the city, used by a utility in the provision of electric, gas, water or sewer service, including, but not limited to, poles, wires, lines, pipes, conduits, and other appurtenances placed in, on, or under public rights-of-way. (Ord. 13-190 § 1)

Section 8-4-3 Franchise or Annual Permit Required

No utility shall construct, reconstruct, repair, use, operate or maintain utility facilities within any public right-of-way unless it holds either (A) an unexpired franchise approved by the council and the electorate pursuant to Article XIII of the Arizona Constitution and A.R.S. §§ 9-501 through 9-502 or (B) an unexpired annual permit to use the rights-of-way approved by the council pursuant to this article. (Ord. 13-190 § 1)

Section 8-4-4 Utility Franchises

A.    Any utility desiring a franchise to use, operate or maintain utility facilities within the public rights-of-way shall file an application with the city clerk in the form prescribed by the city, and shall pay an application fee of one hundred dollars payable in cash, certified or cashier’s check, wire transfer, or in any other manner acceptable to the manager. No application shall be considered without receipt of said fee. The utility shall be responsible for reimbursing the city’s full reasonable costs in excess of the application fee in processing the application, including, without limitation, publication costs, legal fees and the costs of an election.

B.    Each application shall, at a minimum, (1) identify the utility, its name, address and telephone number; (2) contain a description of the utility service(s) it provides; (3) include a proposed form of franchise; (4) include a description of any agreement with any other entity that would permit such entity to use the utility facilities; and (5) include such other information as the city finds reasonably necessary to determine compliance with city codes.

C.    If the council deems granting a franchise to the utility to be beneficial to the city, the council may pass a resolution stating that fact and submit the question to the qualified electors as to whether or not the franchise shall be granted at the following regular or special election called for that purpose and the proposed franchise shall be published in full as specified by A.R.S. § 9-502.

D.    If a majority of the votes cast is in favor of granting the franchise, the council shall grant the franchise in the form published.

E.    No franchise shall be granted, extended or renewed by the city without the approval of a majority of the qualified electors residing within its corporate limits voting thereon at a general or special election in accordance with state law or be granted for a term longer than twenty-five years. (Ord. 13-190 § 1)

Section 8-4-5 Annual Permits for Utilities without Franchise

A.    Any utility desiring an annual permit or a renewal of an annual permit authorizing the use, operation and maintenance of utility facilities within the public rights-of-way shall file an application with the city clerk in the form prescribed by the city and shall pay an application fee of one hundred dollars payable in cash, certified or cashier’s check, wire transfer, or in any other manner acceptable to the city manager. No application shall be considered without receipt of said fee.

B.    Each application shall, at a minimum, (1) identify the utility, its name, address and telephone number; (2) contain a description of the utility service(s) it provides; (3) include a description of any agreement with any other entity that would permit such entity to use the utility facilities; and (4) include such other information as the city finds reasonably necessary to determine compliance with city codes.

C.    If the council deems the use of public rights-of-way for the utility’s use and maintenance of utility facilities for the rendering of the utility service provided by the utility to be beneficial to the city, it may authorize the issuance of an annual permit for such purpose in a form approved by council.

D.    The council may by resolution from time to time set the amount the utility shall compensate the city for the use of the public rights-of-way authorized by annual permits; provided, however, no increase in compensation shall apply to issued and outstanding annual permits.

E.    The terms and conditions of annual permits shall be as approved by council from time to time, but, among other things, shall require:

1.    The utility to secure and maintain any and all permits and authorizations necessary to provide the utility service specified in the permit within the city.

2.    The utility to comply with public right-of-way use requirements that the city may establish from time to time. Utility facilities may be required to be relocated pursuant to Article 7-16.

3.    The utility to maintain and make available to city for review and use, within two business days of a request, accurate maps showing the location of all its utility facilities within the city, and to comply with such other mapping requirements as the city may establish from time to time.

4.    The utility to obtain insurance, and provide proof thereof, as required by the city; to post the performance bonds and security fund required by the city; and to agree to fully indemnify the city, its officers, agents, boards and commissions, in a form satisfactory to the city; and agree that it shall have no recourse whatsoever against the city or its officials, boards, commissions, agents or employees for any loss, costs, expense or damages arising out of any provision or requirement of the city because of the enforcement of the annual permit.

5.    The annual permit to commence upon its issuance and shall be effective for a period of one year, and subject to the conditions and restrictions provided in this article and otherwise set forth in the form approved by council from time to time.

6.    The utility to pay a transaction privilege tax on the business of providing utility services as may be specified from time to time in Chapter 8A of the Litchfield Park City Code. (Ord. 13-190 § 1)

Section 8-4-6 Limitations

A franchise or annual permit to use, operate and maintain utility facilities within the public rights-of-way under this article shall not authorize the use of the public rights-of-way to provide any other service; nor shall the issuance of the same invalidate any franchise, license or permit that authorizes the use of the public rights-of-way for such other services. (Ord. 13-190 § 1)

Section 8-4-7 Annual Permit or Franchise Not Exclusive

Any annual permit or franchise granted shall not be exclusive. (Ord. 13-190 § 1)

Section 8-4-8 Remedies Not Exclusive

A.    Any person found responsible for violating this article shall be subject to the civil sanctions and habitual offender provisions set forth in Article 1-8 of the Litchfield Park City Code.

B.    The remedy set forth in Article 1-8 is not exclusive and the city may exercise all its rights under the law to enforce this article and to collect sums owed for unpaid fees required by Section 7-16-3 of this code. (Ord. 13-190 § 1)

Article 8-5
Structured Sober Living Homes

Sections:

8-5-1    Intent

8-5-2    Definitions

8-5-3    License Required

8-5-4    License Application

8-5-5    Issuance of a License

8-5-6    Standards for the Operation of a Structured Sober Living Home

8-5-7    Operating Rules and Regulations for Structured Sober Living Homes

8-5-8    Reporting Violations

8-5-9    Reasonable Accommodation

8-5-10    Violations and Penalties

Section 8-5-1 Intent

The intent of this article is to protect the residents of structured sober living homes from operators who engage in abuse, neglect, mistreatment, fraud, and/or inadequate supervision of a vulnerable population addicted to drugs and/or alcohol, as well as to protect the residents of structured sober living homes and the neighboring community from operators who fail to provide the supportive, residential family-like living environment necessary to achieve and maintain sobriety. (Ord. 18-225 § 1)

Section 8-5-2 Definitions

The following words, terms and phrases, when used in this article, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A.    “House manager” means a staff member, regardless of title, whether live-in or on a shift basis, who is responsible for the day-to-day operation of the structured sober living home and maintaining it as a sober living environment. House manager duties include creating a safe, supportive and caring home environment in which the residents continue their recovery, providing regularly scheduled opportunities for the residents to grow in their understanding of recovery, and coordinating aspects of the residents’ transportation, meals, activities and meetings.

B.    “Operator” means a company, business or individual who provides structured sober living home services including placement of individuals in a residence, setting house rules, and governing the behavior of the residents. Operator does not include a property owner or property manager that exclusively handles real estate contracting, property management, and leasing of the property.

C.    “Structured sober living home” means any premises, place or building that provides alcohol-free or drug-free housing, promotes independent living and life skill development and provides structured activities that are directed primarily toward recovery from substance use disorders in a supervised setting to a group of unrelated individuals who are recovering from drug or alcohol addiction and who are receiving outpatient behavioral health services for substance abuse or addiction treatment while living in the home. A “structured sober living home” does not include a family group home or a private residence in which a related family member is required to receive outpatient behavioral health services for substance abuse or addiction treatment as a condition of continuing to reside in the family dwelling. (Ord. 18-225 § 1)

Section 8-5-3 License Required

A.    It shall be unlawful to operate a structured sober living home within the city of Litchfield Park without first obtaining a license as provided in this article. No person shall open or operate a structured sober living home or start working for a structured sober living home in Litchfield Park until the license required by this article has been obtained.

B.    Applicants and licensees shall be responsible for updating any of the information required by this article to keep it current.

C.    Any structured sober living home in existence in the city on the effective date of this article shall apply for a structured sober living home license within sixty days of the effective date of this article.

D.    It is the policy of the city of Litchfield Park to provide a reasonable accommodation for persons with disabilities seeking fair access to housing in the application of these regulations as required by federal and state fair housing laws (42 U.S.C. § 3600 and A.R.S. § 41-1491 et seq.). An applicant for this license may seek a reasonable accommodation for relief from the strict application of this article by submitting an application to the city as prescribed by Section 8-5-9. (Ord. 18-225 § 1)

Section 8-5-4 License Application

A.    Every applicant for a license to operate a structured sober living home shall provide the following information and documentation:

1.    The name and full street address of the structured sober living home;

2.    The name, full street address, mobile and land telephone numbers, email address, and driver’s license or government-issued identification number of the owner and operator of the structured sober living home;

3.    After a house manager is hired, each house manager’s name, full home living street address, mobile and land telephone numbers, email address, and driver’s license or government-issued identification number;

4.    The name, full street address, email address, and contact mobile and land telephone numbers of the property owner;

5.    If the property is leased to the operator or owner of the structured sober living home, a copy of the lease that states that the property will be used as a structured sober living home;

6.    Supervision requirements in the structured sober living home for the residents during all hours of operation;

7.    The operation and maintenance plan (“O&MP”) that facilitates the rehabilitative process and addresses the maintenance of the property and noise abatement consistent with local ordinances;

8.    The structured sober living home’s rules and regulations in compliance with the minimum criteria set forth in Section 8-5-7, written intake procedures and relapse policy, and discharge plan;

9.    An affirmation by the operator that only residents (other than the house manager(s)) who have the disability of addiction to drugs and/or alcohol as defined by state and federal law are eligible to reside at the structured sober living home and the home will not admit persons who pose a direct threat to the health or safety of others such as persons on the sex offender registry or prison pre-parolees;

10.    A blank copy of every form that residents and potential residents are required to complete;

11.    A signed waiver by the operator agreeing to allow entry by police or code enforcement officers into the common areas (living room, kitchen, dining room, back or side yard, etc.) of a structured sober living home upon demonstration that probable cause exists to believe that a violation of this article exists;

12.    A signed and dated safety self-assessment checklist confirming that the following safety devices are installed and fully functional and a schedule for self-inspecting each device:

a.    Smoke detectors in the sleeping rooms;

b.    Carbon monoxide detectors;

c.    Fire extinguishers in plain sight and/or clearly marked locations;

d.    A written escape plan showing at least two exits, which shall be posted in an easily visible site in a common area inside the home;

e.    Interior and exterior of the property is in a functional, safe and clean condition and free of fire hazards;

13.    A copy of the floor plan of the house showing the layout, location, room size and the number of beds in each bedroom. The applicant shall include:

a.    The maximum number of residents proposed to occupy the home now and in the future;

b.    The square footage of each room to be occupied as a bedroom, excluding closet space;

c.    The fee for the cost of processing the application as set by resolution of the city council. (Ord. 18-225 § 1)

Section 8-5-5 Issuance of a License

A.    If the applicant is in compliance or has agreed to comply with requirements set forth in this article and is in compliance with the Litchfield Park Zoning Code Section 31.17, the license required by this article shall be issued administratively.

B.    The city shall deny the license for a structured sober living home and may deny any transfer of a current license or revoke a current license due to a violation of the rules and regulations of this article or under the following circumstances:

1.    The owner or operator provided materially false or misleading information on its application or omitted any pertinent information;

2.    An owner or operator has an employment history in which he was terminated during the prior five years or a staff person has an employment history in which he was terminated during the immediately prior year, due to physical assault, sexual harassment, embezzlement, theft, falsifying or failing a drug test, or selling or furnishing illegal drugs or alcohol to another person;

3.    An owner, operator, or staff person refuses entry into a structured sober living home upon request by a police or code enforcement officer upon demonstration that probable cause exists to believe that a violation of this article exists;

4.    An owner or operator:

a.    Was convicted or pled nolo contendere to any sex offense committed within ten years prior to the date of application for this license for which the person is required to register as a sex offender;

b.    Was convicted or pled nolo contendere to any arson offense committed within seven years prior to the date of the application for this license;

c.    Was convicted or pled nolo contendere to any violent felony which involved doing bodily harm to another person committed within ten years prior to the date of the application for this license;

d.    Was convicted or pled nolo contendere to the unlawful sale or furnishing of any controlled substances to another committed within seven years prior to the date of the application for this license;

e.    Is on parole or formal probation supervision on the date of the submittal of the application for this license or at any time thereafter;

f.    Admitted to a structured sober living home a resident, other than the house manager, who is not in recovery from drug and/or alcohol addiction and not a person with a disability as defined in Section 2.04 of the city Zoning Code and by the Federal and Arizona Fair Housing Acts.

C.    The city may deny a structured sober living home license or may deny the transfer of or revoke a current license if any of the following circumstances exist:

1.    An owner or operator of a structured sober living home who is in recovery from drug and/or alcohol addiction who has been clean and sober for fewer than two full years as of the date of application for this license or the date of employment;

2.    The owner or operator of a structured sober living home fails to take immediate measures to remove or isolate any resident of the home from contact with all other sober residents if a resident uses alcohol or illegally uses prescription or nonprescription drugs, or fails to actively participate in a legitimate recovery program;

3.    For any other significant and/or repeated violations of these rules, and/or any other applicable laws and/or regulations;

4.    Repeated violations of the O&MP submitted as part of the application for the license, the supervision requirements in the structured sober living home for the residents during hours of operation, the structured sober living home’s rules and regulations, written intake procedures, relapse policy, or discharge procedure and policy. (Ord. 18-225 § 1)

Section 8-5-6 Standards for the Operation of a Structured Sober Living Home

A.    If the structured sober living home operator is not the property owner, the operator shall obtain written approval from the property owner to operate a structured sober living home at the property as shown on the lease or other properly executed document.

B.    Like all properties in the city, the property shall be maintained in full compliance with all city building codes, this municipal code, and the Litchfield Park Zoning Code.

C.    An individual required to register under Arizona law as a sex offender and classified as a Level II or Level III community risk (intermediate to high risk) is not permitted to live in a structured sober living home in the city.

D.    A structured sober living home shall provide a clean, safe, substance-free living environment in which:

1.    Case management is provided to help residents receive substance abuse abstinence support and/or community-based recovery services for sustained recovery;

2.    At least one staff member is available on the premises at all times; and

3.    The owner or operator is available on call at all times.

E.    A structured sober living home shall have naloxone (Narcan) available on the premises for use by persons living in the sober home, all of whom must have received training to administer naloxone within one week of admission to the home.

F.    A structured sober living home shall provide qualified house managers and staff in compliance with this subsection (F).

1.    A house manager shall be present at the structured sober living home on a twenty-four-hour basis and shall be responsible for the day-to-day operation of the structured sober living home. Duties shall include general oversight of the house, both internal and external to the premises to prevent disruptive resident and neighborhood activities, basic first aid and CPR, effective management of crises, medical and medication issues, and other interpersonal and behavioral matters.

2.    House managers and staff of a structured sober living home shall be properly trained and capable of performing their jobs in a safe, knowledgeable manner. House managers and staff shall provide proof of meeting the minimum qualifications as set forth in subsection (F)(3) of this section within thirty days of being hired for the position.

3.    House managers and staff shall meet the following minimum qualifications:

a.    Possess at least a high school or general equivalency diploma;

b.    Be at least twenty-one years old;

c.    Not be on formal probation supervision or parole;

d.    Be clean and sober for at least one year as of the date of employment;

e.    Successfully complete training that includes:

i.    First aid and CPR training and certification;

ii.    Infectious disease control and prevention;

iii.    Crisis prevention and intervention; and

iv.    Assisted self-administration of medication certification;

f.    Have training in and an understanding and working knowledge of:

i.    Substance abuse disorders;

ii.    Co-occurring substance use and mental health disorders; and

iii.    Recovery principles.

Evidence of the training required by this subsection may include certification from the National Alliance of Recovery Residences, a college or university degree in counseling persons with substance abuse disorders, or equivalent education.

G.    The owner or operator of a structured sober living home shall acquire, maintain, and provide evidence to the city of commercial general liability insurance of at least one million dollars in coverage per occurrence and at least three million dollars aggregate or at least one million dollars general liability per occurrence and at least two million dollars general aggregate coverage with at least one million dollars umbrella coverage. (Ord. 18-225 § 1)

Section 8-5-7 Operating Rules and Regulations for Structured Sober Living Homes

Each operator of a structured sober living home shall adopt, distribute to all residents, post in an easily visible site in a common area inside the home, and enforce operating rules and regulations that meet or exceed the following minimum standards:

A.    House rules and regulations that address the following issues:

1.    Theft by residents or staff;

2.    Residents or staff borrowing money from other residents or staff;

3.    Attendance at weekly household meetings and participation in self-help meetings;

4.    Requirements for residents to seek employment and the number of hours devoted per day to that job search;

5.    Completion of household chores and adherence to the house curfew;

6.    Prohibit the use of alcohol and nonprescription drugs at the home and by any recovering substance abuser either on or off the premises;

7.    Prohibit the possession and use of prescription drugs by residents and staff, except as prescribed to the individual in possession of and using in the prescribed dose; and

8.    Describe the consequences and procedures to be followed in the event of an alleged or clearly evident violation of the rules, up to and including immediate discharge of the violator from the home.

B.    At least one house manager shall be present on the premises and awake at all times when residents are present at the structured sober living home. The house manager shall be responsible for the day-to-day operation of the structured sober living home.

C.    All residents, other than the house manager, shall actively participate in recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous, and shall adhere to the program’s applicable prescribed schedule and requirements. Under the structured sober living home’s rules and regulations, refusal to actively participate in such a program may be cause for discharge.

D.    The structured sober living home shall establish a protocol to assure that all residents have access to meals at the home whether the residents dine individually or as a group. Public, social, or charitable service-provided meals shall not be a substitute for these protocols.

E.    An established smoke-free living environment policy which may include a designated smoking area outside of the residence only if it does not expose neighbors to secondhand smoke. If a resident of an adjacent residential structure is sensitive to secondhand smoke, the structured sober living home shall make a reasonable accommodation for that neighbor. A structured sober living home may ban smoking from the home and grounds. “Smoking” as used in this subsection includes “vaping” and electronic cigarettes.

F.    Established protocols shall prevent locking residents out of the home or otherwise interfere with resident access to the home at any time unless the resident is at work or engaged in some other approved activity outside the home. The purpose of the protocol is to prevent a structured sober living home from simply locking its doors and leaving residents loitering outside the home. Part of maintaining a family-like living environment is enabling access to the home as in a biological family.

G.    A written policy regarding the possession, use and storage of prescription medications which shall provide for preventing contact by a violator with other residents until the violation is resolved. The home shall not dispense medications.

H.    The home shall establish and maintain an operation plan that facilitates the rehabilitative process, including discharge planning, and that addresses the maintenance of the property and noise abatement consistent with local ordinances.

I.    The home’s relapse and discharge policy shall include provisions to avoid forcibly evicting a resident onto the street with no alternative living arrangements. These options may include, but are not limited to:

1.    Notice to the resident’s family of the proposed eviction;

2.    Time limits on when eviction can occur where no immediate threat to the other residents exists;

3.    Travel arrangements to the resident’s home of record; or

4.    Alternative living accommodation arrangements or referrals.

A structured sober living home shall not discharge a resident onto the street without an alternative living arrangement.

J.    A written visitation policy that either prohibits visitors altogether or requires staff to consent, in advance, to any visitor and prohibits visits by any person who is under the influence of illegal drugs, abuse of prescription or nonprescription medication, or alcohol.

K.    A “good neighbor policy” that shall require occupants to be considerate of neighbors, including refraining from engaging in behavior that would unduly interfere with the neighbors’ use and enjoyment of their home and property. The good neighbor policy shall include:

1.    A written protocol for the house manager and/or operator to follow when a neighbor complains to the home or to the city;

2.    Policies and procedures that, upon request, provide neighbors with full contact information for the structured sober living home’s responsible person(s) such as the operator and house manager;

3.    Policies and procedures that require the responsible person(s) to respond to a neighbor’s concerns even if it is not possible to resolve the issue;

4.    New resident orientation to include how residents and staff are to greet and interact with neighbors and/or concerned parties;

5.    Policies that are responsive or preemptive to neighbors’ reasonable complaints regarding:

a.    Smoking;

b.    Loitering;

c.    Parking;

d.    Noise;

e.    Lewd or offensive language; or

f.    Cleanliness of public space around the property. (Ord. 18-225 § 1)

Section 8-5-8 Reporting Violations

A structured sober living home operator shall not terminate any employee, evict any resident, or take any other adverse action against an employee or resident for disclosing a violation of any provision of the city’s codes, based upon the employee’s or resident’s reasonable belief that the operator or an employee of the operator has violated or is violating a provision of the city’s codes. This provision applies to disclosure to either the employer or a representative of the employer who the employee reasonably believes is in a managerial or supervisory position and has the authority to investigate the information the employee provides and to take action to prevent further violations of the city’s codes, or disclosure to an employee of a public body or political subdivision of this state or any agency of a public body or political subdivision. (Ord. 18-225 § 1)

Section 8-5-9 Reasonable Accommodation

A.    Policy. It is the city of Litchfield Park’s policy to provide a reasonable accommodation in accordance with federal and state fair housing laws (42 U.S.C. § 3600 et seq. and A.R.S. § 41-1491 et seq.) for persons with disabilities seeking fair access to housing in the application of this article. The term “disability” as used in this article shall have the same meaning as the terms “disability” and “handicapped” as defined in the federal and state fair housing laws. The purpose of this section is to establish the procedure by which a person may request a reasonable accommodation and how the request is to be processed.

B.    Reasonable Accommodation. Any person seeking a permit to operate a structured sober living home that will substantially serve persons with disabilities may apply for a reasonable accommodation to obtain relief from a regulation, policy, or condition of this chapter that poses a barrier to equal access to housing.

C.    Procedure.

1.    Application Required. An application for a reasonable accommodation shall be filed and processed with the city manager or designee. The application shall include the following information and be subject to the determinant factors required by this section.

2.    Submittal Requirements. The application shall be made in writing, and shall include the following information:

a.    The specific provision, regulation, policy, or condition in this article from which the reasonable accommodation is being requested;

b.    The specific exception or modification sought from the application of the subject provision, policy, or condition of this article that the applicant seeks;

c.    Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence;

d.    Any other information that the city manager or designee reasonably determines is necessary to evaluate the request for a reasonable accommodation;

e.    Any other information that the city manager or designee reasonably concludes is necessary to determine whether the findings required by subsection (G) of this section can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected.

D.    Fees. No application fee is required to request a reasonable accommodation.

E.    City Manager Action. Within sixty days of receipt of a completed application, the city manager or designee shall issue a written determination to approve, conditionally approve, or deny a request for the requested reasonable accommodation.

F.    Standards for Granting a Reasonable Accommodation. The following factors may be considered in determining whether to grant a reasonable accommodation:

1.    Whether a less drastic exception or modification to the applicable provision, regulation, policy, or condition that achieves the same end as the requested reasonable accommodation is available;

2.    Special needs created by the disability at issue;

3.    Potential benefit that can be accomplished by the requested modification;

4.    Potential impact on properties within the vicinity;

5.    Physical attributes of the subject property and structures;

6.    Alternative accommodations that may provide an equivalent level of benefit;

7.    Whether the requested accommodation would impose an undue financial or administrative burden on the city;

8.    Whether the requested accommodation would require a fundamental alteration in the nature of a program of the city;

9.    Whether granting the request would be consistent with the city’s general plan; and

10.    The property will be used by an individual with a disability protected under federal and Arizona fair housing laws.

G.    Findings. The written decision to approve, conditionally approve, or deny a request for a reasonable accommodation shall be based on the following findings, all of which are required for approval. In making these findings, the city manager or designee may approve alternative reasonable accommodations which provide the applicant with an equivalent level of benefit.

1.    The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under federal and Arizona fair housing laws;

2.    The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling;

3.    The requested accommodation will not impose an undue financial or administrative burden on the city, as “undue financial or administrative burden” is defined in federal and Arizona fair housing laws and interpretive case law;

4.    The requested accommodation will not, under the specific facts of the application, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others;

5.    Whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting;

6.    The requested accommodation will not result in a fundamental alteration in the nature of the requirements of this article. (Ord. 18-225 § 1)

Section 8-5-10 Violations and Penalties

A.    The city may revoke a structured sober living home license for failure to comply with the requirements of this article or failure to maintain the requirements for issuance of the license.

B.    Any owner, operator, or other person who causes, permits, facilitates, aids, or abets any violation of any provision of this article or who fails to perform any act or duty this article requires is subject to a minimum civil sanction of not less than one hundred dollars and a maximum civil sanction as set forth in Article 1-8. Each day any violation of any provision of this article exists shall constitute a separate violation.

C.    Any owner, operator, or other person who knowingly causes, permits, facilitates, aids, or abets any violation of any provision of this article or who knowingly fails to perform any act or duty required by this article is guilty of a Class 1 misdemeanor.

D.    Nothing in this article shall be construed as affecting the ability of the city of Litchfield Park to initiate or continue concurrent or subsequent criminal prosecution or civil code enforcement actions for any violation of the municipal code or state law arising out of the circumstances necessitating the application of this article.

E.    The remedies herein are cumulative and the city of Litchfield Park may proceed under one or more such remedies. Each violation of any provision of this article shall constitute a separate offense and each day a violation remains unabated may constitute a separate offense. (Ord. 18-225 § 1)

Article 8-6
E-Waste Automated Kiosks

Sections:

8-6-1    Definitions

8-6-2    Licensing and Operation

8-6-3    Reports to Law Enforcement

8-6-4    Storage, Retention and Retrieval

8-6-5    Licensing and Reporting Fees

8-6-6    Fines; Penalties

8-6-7    Appeals

Section 8-6-1 Definitions

In this article, unless the context requires otherwise:

A.    “Applicant” means the person who applies for a license pursuant to this article.

B.    “E-waste automated kiosk” means an interactive device that is installed within a retail space at which used consumer electronic devices are sold, traded, recycled, or otherwise received by a person.

C.    “E-waste automated kiosk license” means a license issued pursuant to this article authorizing a person to operate one or more e-waste automated kiosk(s) within the boundaries of the city of Litchfield Park.

D.    “City law enforcement agency” means any agency providing law enforcement services to city.

E.    “Consumer electronic device” means any portable electronic or digital device designed to be purchased and used by end users or consumers for daily, noncommercial purposes; examples of consumer electronic devices include, but are not limited to, cellular telephones, touchscreen tablets, laptop computers, smart watches, and digital media players.

F.    “Controlling person” means a person who either (1) has a ten percent or greater interest in the ownership or earnings of the business, or (2) is any of the following:

1.    An officer, director, or any stockholder who owns ten percent or more of a corporation licensee/applicant;

2.    A general partner of a limited partnership licensee/applicant or partner of a nonlimited partnership licensee/applicant;

3.    An officer, president, or secretary of a limited liability company/corporation licensee/applicant; or

4.    The sole proprietor of a sole proprietorship licensee/applicant.

G.    “Designated agent” means the person designated by the applicant or licensee to receive notices from the city pursuant to this article.

H.    “ESN” means a unique number assigned by the manufacturer to identify a mobile phone or device, commonly referred to as an electronic serial number.

I.    “IMEI” means a unique number used by wireless carriers and cell phone manufacturers to identify mobile phones and devices, commonly referred to as an International Mobile Equipment Identity.

J.    “Licensee” means the person who applied for a license pursuant to this chapter and in whose name such license was issued by the city pursuant to this article.

K.    “MEID” means a unique identifier used by wireless carriers and cell phone manufacturers to identify a mobile phone, commonly referred to as a mobile equipment identifier.

L.    “Person” means an individual, partnership, corporation, association or any other entity of whatever kind or nature. (Ord. 18-221 § 1(2))

Section 8-6-2 Licensing and Operation

A.    It shall be unlawful for a person to operate an e-waste automated kiosk at any location within the city of Litchfield Park without obtaining a business license pursuant to Article 8-2 and a license pursuant to this article.

B.    A license issued pursuant to this article is valid for a period of one year from the date of issuance.

C.    The kiosk(s) shall operate only at the location(s) designated on the license. The license shall designate all locations where property belonging to the licensee is processed and stored. Property of the licensee may be processed and stored at locations not designated on the license only with the written and signed consent of the city.

D.    Application Requirements; Procedure. Any person desiring to obtain a new or renewal license must apply to the city by presenting a complete application, the applicable fee, and fingerprint records to the city clerk.

1.    The application shall include, but not be limited to, the following information:

a.    The names, addresses, and contact information for all controlling persons and designated agents of the applicant.

b.    All locations within the city at which the applicant intends to operate a kiosk and the number of kiosks that will be at each such location.

c.    The location(s) where property obtained at the kiosk may be processed and stored.

2.    Fingerprint records are required:

a.    On all new applications, for all applicants and controlling persons; and

b.    For renewal applicants, for any new controlling person(s) for the licensee.

3.    Fingerprints shall be submitted in a form approved by the city. The fingerprints shall be submitted to the Arizona Department of Public Safety to be used to obtain a state and federal criminal records check in accordance with A.R.S. § 41-1750 and Public Law 92-544. The Arizona Department of Public Safety is authorized to exchange this fingerprint data with the United States Federal Bureau of Investigation.

E.    Following receipt of the required documents and fees, all new applications shall be submitted to the city clerk for investigation and criminal record review in accordance with this article.

1.    The city law enforcement agency shall receive and review the criminal history record information resulting from the criminal records check set forth above, including conviction and nonconviction data, of license applicants and controlling persons for the purpose of evaluating the fitness of licensees and controlling persons in connection with the issuance, renewal, suspension or revocation of a license. Such information shall be used only for the purpose of such evaluation or for the purpose of supporting and defending a denial, nonrenewal, suspension, or revocation of a license.

F.    Complete renewal applications must be submitted to the city clerk no later than thirty calendar days prior to the expiration of a license, otherwise the license shall be deemed expired and nonrenewable. If the renewal application is not received as stated above, the licensee shall submit an application for a new license and provide all information and fees required for a new license application.

G.    A new or renewal license shall be issued to an applicant pursuant to this article unless:

1.    The applicant failed to provide a completed application, the required fee, or the fingerprint records;

2.    The applicant or a controlling person has been convicted during the ten-year period prior to submission of the application of a felony involving trafficking in stolen property, fraud, forgery, theft, burglary, robbery, extortion, conspiracy to defraud, any preparatory offenses of the aforementioned crimes, a felony involving fraudulent or dishonest act, or a misdemeanor involving moral turpitude;

3.    The applicant fails to pay the applicable license and reporting fee for a new license when the license is submitted for approval;

4.    The applicant or a controlling person is currently in violation of this article, or other code violation such as failure to pay transaction privilege taxes, or zoning code violations;

5.    The application contains false or misleading information; or

6.    The applicant has a current debt related to any open or closed account maintained or formerly maintained with the city.

H.    A licensee may operate an e-waste automated kiosk in the city if the e-waste automated kiosk performs all of the functions set forth in this subsection:

1.    Uses a live representative to remotely monitor the e-waste automated kiosk during all hours of operation;

2.    Verifies a seller’s identity via a valid motor vehicle operator's license, valid motor vehicle nonoperating identification license, valid armed forces identification card or other valid photo identification, including the serial or identification number of such valid document sufficient to verify the information required to be reported in Section 8-6-3(A);

3.    Secures storage of consumer electronic devices accepted by the e-waste automated kiosk and adheres to the storage and retention requirements pursuant to Section 8-6-4;

4.    Captures and stores images during each transaction of (a) the seller, (b) the identification required in subsection (H)(2) of this section, and (c) the consumer electronic device;

5.    Electronically reports all transactions to law enforcement pursuant to Section 8-6-3;

6.    Reads and records ESN, IMEI, or MEID, subject to Section 8-6-3(B)(7); and

7.    Only buys consumer electronic devices.

I.    The city shall give written notice of a violation to the licensee or designated agent that may result in the suspension or revocation of the license. The notice shall include a description of the violation, the statutory or code reference, how the licensee can comply with the requirements, a description of the process whereby a hearing may be requested, the time limit for requesting a hearing, and a warning that failure to timely request a hearing may result in suspension or revocation of the license. The notice shall be personally served on the licensee or mailed to the licensee’s last known address. Service of the notice shall be deemed complete upon mailing or personal service on the licensee.

J.    The licensee or designated agent receiving a notice under this section may request in writing a hearing before the city manager pursuant to Section 8-2-11 of this code. If the licensee fails to comply with the requirements of this article by the date provided in the notice, the city may suspend or revoke the license as provided in this section.

K.    The city may suspend a license for a period of time not to exceed thirty calendar days if the city determines that the licensee or the designated agent or a controlling person of the licensee has violated or is not in compliance with any provision of this article. During the suspension period, the licensee shall not transact any business through the e-waste automated kiosk(s) associated with the suspended licenses. If a fine is associated with the violation that is the basis for the suspension, the suspension may continue beyond the period set forth in this subsection until such time as the licensee pays the fine.

L.    The city may revoke a license issued pursuant to this article if the city determines that:

1.    A licensee or designated agent operated the business during a period of time when the license was suspended;

2.    A licensee, designated agent or controlling person is convicted of a felony involving trafficking in stolen property, fraud, forgery, theft, burglary, robbery, extortion, conspiracy to defraud, any preparatory offenses of the aforementioned crimes, a felony involving fraudulent or dishonest act or a misdemeanor involving moral turpitude;

3.    The licensee or designated agent has operated, or has attempted to operate, an e-waste automated kiosk at a location that is unlicensed;

4.    The city previously issued three or more notices of suspension within a six-month period;

5.    The licensee or designated agent has not complied with a provision of this article or has failed to provide information as required by this article;

6.    The application fee, license fee, reporting fee, or any transaction privilege tax has not been paid; or

7.    The licensee fails to pay outstanding fines or resolve any violations.

M.    It is a violation of this article for any person to provide false information on any license application.

N.    It is a violation of this article for a person to operate an e-waste automated kiosk that either fails to meet all of the requirements in this article or when the person does not have a license issued pursuant to this article.

O.    If a license is revoked pursuant to this section, the licensee and its controlling person(s) may not apply for a license under this article for a period of one year from the date of revocation. (Ord. 18-221 § 1(2))

Section 8-6-3 Reports to Law Enforcement

A.    At the time of each transaction whereby a consumer electronic device is received at a kiosk, a licensee shall prepare a true, complete, legible and accurate report of the transaction including a description of the consumer electronic device received. The report shall be submitted to the city within twenty-four hours after receipt of the consumer electronic device. The report shall be in a form designated by the city law enforcement agency. Submission of the report to the city is deemed accepted when the report is delivered in person to the address designated by the city law enforcement agency, or when the report is sent electronically to the police department utilizing software approved by the city police department. The reporting party shall retain a copy of the report for a minimum of two years from the date of the transaction.

B.    Each report shall, at a minimum, contain for each consumer electronic device received the following information:

1.    The name and current address of the seller;

2.    A legible color copy of the photo identification used to verify the seller’s identity in Section 8-6-2(H)(2);

3.    A digital color photograph of the consumer electronic device purchased by the licensee;

4.    A digital color photograph of the seller;

5.    An electronic signature of the seller;

6.    An accurate and legible description of each consumer electronic device item purchased or received, including, as applicable, the manufacturer’s name, model number and serial number;

7.    The ESN, IMEI or MEID of the consumer electronic device purchased. If the ESN, IMEI or MEID is not available at the time of purchase or receipt, the report filed pursuant to this subsection must be updated with the ESN, IMEI or MEID as soon as known by the licensee, but no later than fifteen calendar days after the transaction. The hold requirement outlined in Section 8-6-4(A) shall not begin until all required contents of the report are complete and submitted to the city law enforcement agency;

8.    The amount paid for the consumer electronic device;

9.    The date and time when the consumer electronic device was received; and

10.    The location of the e-waste automated kiosk where the consumer electronic device was sold or collected.

C.    It is a violation of this article for any person to provide false information on reports required by this section. (Ord. 18-221 § 1(2))

Section 8-6-4 Storage, Retention and Retrieval

A.    A licensee shall retain consumer electronic devices received at an e-waste automated kiosk at a secure location designated on the license for at least thirty calendar days after submitting the complete report to the city required under Section 8-6-3. Any consumer electronic device held in custody pursuant to this section shall not be altered or transformed in any way but shall be held in the same condition in which it was received by the e-waste automated kiosk.

B.    Consumer electronic devices retained at a designated location(s) under this section are subject to return and inspection by the city during regular business hours of the location or, at a minimum, during the hours of nine a.m. to five p.m., Monday through Friday.

C.    Within twenty-four hours of a request by the city law enforcement agency, the licensee shall comply with a request to open the e-waste automated kiosk to allow the law enforcement agency the opportunity to inspect the accessory bin and review any data that records transactions.

D.    Upon being advised by a representative of the city law enforcement agency that there is probable cause to believe a consumer electronic device in the possession of the licensee is stolen or was used in the perpetration of a crime, the licensee operating the e-waste automated kiosk shall, upon request by the city law enforcement agency:

1.    Within three calendar days, surrender such consumer electronic device to the city law enforcement agency which shall provide a seized property receipt for the consumer electronic device; or

2.    At the sole discretion of the city law enforcement agency, the consumer electronic device may be retained within the place of business on an investigative hold for a period not to exceed ninety calendar days; during that time period, law enforcement may seize the consumer electronic device upon providing the licensee appropriate notification of the seizure and making arrangements to take physical custody of the consumer electronic device. The licensee shall produce the consumer electronic device at reasonable times and places, or may deliver the consumer electronic device to a representative of the city law enforcement agency.

E.    The investigative hold shall be effective immediately upon oral or written notice to the licensee. If the hold is placed orally, it shall be followed by a written notice mailed to the licensee operating the e-waste automated kiosk within five calendar days.

F.    A licensee shall not sell, transfer, exchange or otherwise dispose of any consumer electronic devices in violation of this section. (Ord. 18-221 § 1(2))

Section 8-6-5 Licensing and Reporting Fees

Licensing and reporting fees adopted by the city council by separate resolution shall be paid for each e-waste automated kiosk that is designated on the license. (Ord. 18-221 § 1(2))

Section 8-6-6 Fines; Penalties

A.    Each day any violation of any provision of this article continues shall constitute a separate offense, except when the violation is from a bona fide error that occurred; provided, that the licensee maintains reasonable procedures adopted to avoid the occurrence of bona fide errors.

B.    A violation of this article that is not a bona fide error, whether or not specifically designated as being unlawful, shall be a Class 1 misdemeanor and upon conviction shall be punished by a fine of not less than five hundred dollars nor more than two thousand five hundred dollars, exclusive of penalty assessments prescribed by law, or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described.

C.    For the purposes of this section, “bona fide error” includes clerical, calculation, computer malfunction, programming, and printing errors and other similar errors.

D.    A licensee or designated agent who does not comply with a request by the city law enforcement agency to inspect an e-waste automated kiosk pursuant to Section 8-6-4(C), or refuses to return a consumer electronic device to law enforcement that is identified as stolen or involved in the perpetration of a crime pursuant to Section 8-6-4(D), shall be issued a notice stating that the licensee or designated agent shall comply with the request by the city law enforcement agency within five calendar days of receipt of the notice.

E.    The notice shall include a description of the violation, the statutory or code reference, how the licensee can comply with the requirements, a description of how a hearing may be requested, the time limit for requesting a hearing, and a warning that failure to timely request a hearing may result in revocation of the license.

F.    A licensee or designated agent receiving a notice under this section may request a hearing pursuant to Section 8-6-7. If the licensee fails to comply with the requirements under subsection (A) of this section by the date provided in the notice, the city law enforcement agency may (1) disable the e-waste automated kiosks by removing the e-waste automated kiosks from the power source and placing a notice on the machine that the kiosk is not operational; and (2) revoke the license pursuant to Section 8-6-2(L). The licensee shall be responsible for the cost incurred by the city law enforcement agency to disable the e-waste automated kiosks in accordance with this subsection and any fines or fees assessed by the court.

G.    Once an e-waste automated kiosk is disabled, the city shall issue a notice to the licensee or its designated agent by certified mail that describes the action taken pursuant to this section. The notice shall include a description of the violation, the statutory or code reference, a description of how a hearing may be requested, and the time limit for requesting a hearing. A person receiving the notice under this subsection may request a hearing pursuant to Section 8-6-7. If a licensee or designated agent fails to request a hearing, the e-waste automated kiosks shall remain disabled.

H.    The city law enforcement agency shall take every reasonable precaution in the event the city finds it necessary to disable the e-waste automated kiosks and the city shall incur no liability by such action. (Ord. 18-221 § 1(2))

Section 8-6-7 Appeals

Any person aggrieved by the denial, modification, suspension, or revocation of a license shall have the right to appeal pursuant to Section 8-2-12 of this code. (Ord. 18-221 § 1(2))

Article 8A-1
Adoption of Model Tax Code

The model city tax code adopted by Ordinance 87-4 is hereby adopted by reference. Three copies of the code are on file with the city clerk.