Chapter 5.17
STREET VENDING
Sections:
5.17.010 Definitions.
5.17.020 Street vending – License required – License display – Exemptions.
5.17.030 Street vending – Restrictions.
5.17.040 Street vending – Food – Special restrictions.
5.17.050 Street vending – License applications – Display, transfer – Information update.
5.17.060 Applications – Additional requirements.
5.17.070 License fees.
5.17.080 License and identification card duration – Renewal.
5.17.090 License issuance – Revocation, suspension – Denial – Procedure – Appeal.
5.17.100 Appeal.
5.17.010 Definitions.
In this chapter, unless the context otherwise requires, the following words and phrases shall be construed as follows:
A. “Block” means that property abutting one side of a street and lying between the two nearest intersecting streets, or nearest intersecting street and railroad right-of-way, unsubdivided acreage, or waterway.
B. “Child” means an individual who has not attained the age of 14 years.
C. “Food” means any article sold for human consumption, the sale of which is not prohibited by law.
D. “Person” means a corporation, firm, partnership, association, organization, or any other group acting as a unit, as well as an individual.
E. “Residential area” means any street where over 50 percent of the front footage or either side of the block is devoted to single-family and multiple-family dwellings, dormitories, or mobile homes.
F. “Sidewalk” means that portion of a public right-of-way between the curb line of a street and the adjacent property line; or, if there is no curb line, then “sidewalk” shall mean that portion of a public right-of-way between the lateral boundary line of the pavement of a street and the adjacent property line; or, if there is no pavement, then “sidewalk” shall mean that portion of public right-of-way between the lateral boundary line of the demarcated unsurfaced street and the adjacent property line.
G. “Street” means any public road, highway, avenue, boulevard, alley or lane within the town.
H. “Street vending – food” means peddling, vending, selling, displaying, or offering for sale any food product or toy between curb lines or, if none, then that portion of the right-of-way between the lateral boundary lines of the demarcated un-surfaced street.
I. “Street vending – nonfood” means peddling, vending, selling, displaying, or offering for sale any item of tangible personal property or other thing of value, other than a food product or a toy, that occurs between the curb lines or, if none, then that portion of the right-of-way between the lateral boundary lines of the demarcated unsurfaced street.
J. “Street vendor” means any person engaged in street vending.
K. “Toys” means those items designated by the manufacturer to be played with by a child which do not consist of or contain an explosive charge or a tube or wick filled with a combustible material and, when used as intended, do not emit smoke or a foul or offensive odor. [Ord. 2009-19 § 2.]
5.17.020 Street vending – License required – License display – Exemptions.
A. It shall be unlawful for any person to engage in street vending, or to employ or hire another to engage in street vending, without possessing a valid license therefor as provided in this chapter. It shall further be unlawful for any person to engage in, or to employ or hire another to engage in, street vending while that person’s street vending license is suspended.
B. No person shall use a vehicle, cart, stand or temporary contrivance while engaged in street vending without displaying thereon, in a conspicuous manner, all applicable licenses issued by the town clerk in accordance with this chapter. [Ord. 2009-19 § 2.]
5.17.030 Street vending – Restrictions.
Any person engaged in street vending shall be subject to the following restrictions or prohibitions:
A. Parking Restrictions. No street vendor shall park a vehicle or series of vehicles or set up a stand or any other movable or temporary contrivance on any public street or alley for more than one hour in any eight-hour period at one location. The parking of a vehicle within 300 feet of the original location is considered one location. No service to the public shall be made from the street side of the vehicle(s) or stand. The vehicle(s) or stand shall not obstruct the movement of pedestrians or other vehicles using the street or alley or public right-of-way.
B. School Zone Restrictions. No street vendor shall sell any merchandise or articles from any vehicle, stand or any other movable or temporary contrivance on a public street within 600 feet of any school ground between the hours of 7:00 a.m. and 4:30 p.m. School governing boards or administrators may make arrangements to provide vending locations on school property.
C. Park Street Prohibitions. Street vending on a street or parking lot within a public park shall be prohibited, unless the street vendor has applied for and has been granted a permit signed by the parks and recreation director.
D. Streets Abutting Parks. Street vending on a street abutting a public park shall be prohibited within 550 feet of a lawfully established park concession. [Ord. 2009-19 § 2.]
5.17.040 Street vending – Food – Special restrictions.
A. It shall be unlawful for any person to engage in street vending – food within the town of Sahuarita with a motorized vehicle of any description that does not have affixed and operating two outside wide-angle mirrors, one located at the front driver’s side directed at the front of the vehicle and one located at the rear driver’s side directed at the rear of the vehicle.
B. It shall be unlawful for any person to engage in street vending – food within the town of Sahuarita with a motorized vehicle of any description that does not have affixed, in clearly visible letters or numbers of contrasting color and of a height of at least three inches, the following signs:
1. “Watch for Children” on the front and rear of the vehicle.
2. “Town of Sahuarita Lic. No.,” followed immediately by the street vendor’s town-issued street vendor license number, on the right side of the vehicle.
3. The business name provided to the town pursuant to STC 5.17.050, on the right and left sides of the vehicle.
C. It shall be unlawful for any person to engage in street vending – food after the later of 7:00 p.m. or sunset, and before sunrise.
D. It shall be unlawful for any person engaged in street vending – food to operate a motor vehicle while stopped without that motor vehicle’s hazard lights in operation.
E. Street vending – food shall be limited to the vending of food items and toys only.
F. This section shall apply only to those engaged in street vending – food within a residential area. [Ord. 2009-19 § 2.]
5.17.050 Street vending – License applications – Display, transfer – Information update.
A. Each applicant for a license issued under this chapter shall file with the town clerk, on an application form furnished or prescribed by the town, the following information:
1. The applicant’s name, including all names by which the applicant is or has been known, home address, home phone number and physical description.
2. Business name, business address, mailing address and business phone.
3. A brief description of the nature of the business and the items to be sold, including whether the applicant will be selling food products.
4. If employed or hired by a street vending business, the name, address and phone number of the employer, together with verification of the employment relationship signed by the employer.
5. Whether a vehicle is to be used, and, if so, a description of the same, together with the license plate number and state of issuance, registration, proof of insurance and an Arizona driver’s license for the applicant.
6. Statement and number of county health permit, if applicable.
7. Number of the business privilege license issued.
8. Current driver’s license or other current government-issued photo identification document.
9. The previous name and location of the business, if any.
10. The former owner of the business, if any.
11. All felony and misdemeanor convictions, excluding those for civil traffic offenses.
12. Whether the applicant has ever had a street vendor or street vending license denied, revoked or suspended, and the date and jurisdiction of the denial, suspension or revocation.
13. Two complete sets of fingerprints taken by a law enforcement agency.
14. Two passport style photographs.
B. Licenses issued pursuant to this chapter shall not be transferable from one person to another.
C. Any change in information required to be submitted by this chapter must be provided to the town clerk, on a form provided by the town clerk for that purpose, within 10 calendar days of any such change.
D. The town clerk may receive and review the criminal history record information, including conviction and nonconviction data, of license applicants for the purpose of evaluating the fitness of prospective licensees in connection with the issuance, renewal, suspension or revocation of a street vending license. Such information shall be used only for the purpose of such evaluation. The town clerk shall submit a full set of the license applicant’s fingerprints to the Arizona Department of Public Safety for the purpose of obtaining a state and federal criminal records check pursuant to Arizona Revised Statutes, and Public Law 92-544. The Arizona Department of Public Safety may exchange this fingerprint data with the Federal Bureau of Investigation. [Ord. 2009-19 § 2.]
5.17.060 Applications – Additional requirements.
A. No license shall be issued to an individual if the individual does not present any of the following documents to the town clerk indicating that the individual’s presence in the United States is authorized under federal law:
1. An Arizona driver’s license issued after 1996 or an Arizona nonoperating identification card.
2. A driver’s license issued by a state that verifies lawful presence in the United States.
3. A birth certificate or delayed birth certificate issued in any state, territory or possession of the United States.
4. A United States certificate of birth abroad.
5. A United States passport.
6. A foreign passport with a United States visa.
7. An I-94 form with a photograph.
8. A United States Citizenship and Immigration Services employment authorization document or refugee travel document.
9. A United States certificate of naturalization.
10. A United States certificate of citizenship.
11. A tribal certificate of Indian blood.
12. A tribal or Bureau of Indian Affairs affidavit of birth.
B. This section does not apply to an individual if all of the following apply:
1. The individual is a citizen of a foreign country or if, at the time of application, the individual resides in a foreign country.
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. 2009-19 § 2.]
5.17.070 License fees.
A. All applicants shall pay a nonrefundable license fee as set forth in Chapter 3.10 STC.
B. In addition to the fee required by subsection A of this section, the applicant shall pay the town clerk the fee established by the Director of the Arizona Department of Public Safety for the processing of state and federal noncriminal justice fingerprints. This fee shall be paid for each person required to submit fingerprints pursuant to STC 5.17.050. [Ord. 2009-19 § 2.]
5.17.080 License and identification card duration – Renewal.
A. Any license or identification card issued pursuant to this chapter shall, unless otherwise provided for herein, expire and become null and void at the end of the 12-month period in which the license or identification card was issued.
B. Annual renewal of any license or identification card provided for in this chapter shall be made by completing a renewal application as prescribed by the town clerk and payment of the appropriate fee as set forth in Chapter 3.10 STC.
C. In addition to the fee required by subsection B of this section, the applicant shall pay the town clerk the fee established by the Director of the Arizona Department of Public Safety for the processing of state and federal noncriminal justice fingerprints. This fee shall be paid for each person required to submit fingerprints pursuant to this chapter. [Ord. 2009-19 § 2.]
5.17.090 License issuance – Revocation, suspension – Denial – Procedure – Appeal.
A. Licenses issuable pursuant to this chapter may be denied by the town clerk for any of the following reasons:
1. Fraud, misrepresentation, or false statement contained in, or in connection with, the application for license.
2. Any violation of any of the provisions of this chapter within one year of the date of the application.
3. Conviction of any felony or misdemeanor.
4. The applicant has had a street vending license revoked within the previous year.
5. The applicant has employed or hired a person in connection with the applicant’s street vending business who has had his street vending license suspended or revoked within the previous year.
6. The applicant has employed or hired a person in connection with the applicant’s street vending business who does not have the required street vending license issued by the town of Sahuarita.
7. An applicant is not in compliance with STC 5.17.060 (Applications – Additional requirements).
B. Any license issued pursuant to this chapter may be revoked by the town clerk, or suspended for a period not to exceed one year, upon one or more of the following grounds:
1. The licensee has violated any of the provisions of this chapter.
2. An employee or independent contractor of the licensee has violated any of the provisions of this chapter.
3. A street vending – nonfood licensee has been convicted within the last five years of any felony or misdemeanor offense bearing a reasonable relationship to the functions of a street vending – nonfood licensee.
4. Conviction of any felony or misdemeanor.
5. The licensee gave false or misleading information in, or in connection with, the application.
C. To deny, suspend or revoke a license, the town clerk shall either hand-deliver to the licensee, or mail by certified mail to the licensee at the mailing address shown on the application or otherwise more recently of record with the town clerk, a written notice that the license is denied, suspended, or revoked. The cause for the denial, suspension, or revocation shall be set forth in the notice. Service shall be complete upon hand-delivery or, in the case of service by mail, five calendar days after mailing to the address of record. Such notice shall also advise that the licensee shall have 15 days to request a review hearing before the town manger or his or her appointee, for the purpose of determining whether the license should have been denied or revoked.
D. In the event the licensee requests a review hearing, the hearing shall be scheduled within 15 days of the request, and the licensee shall receive notice of the date, time and place of the review hearing by personal service or registered mail. [Ord. 2009-19 § 2.]
5.17.100 Appeal.
A. Any person aggrieved by the denial of an application for license or by the restrictions placed upon the license or by the suspension or revocation of such license and who is not satisfied with the decision of the town manager, or his or her designee, shall have the right to an appeal before the town council. An appeal shall be taken by filing with the town clerk, within 15 days after the decision of the hearing officer, a written statement requesting an appeal, and setting forth fully the grounds for the appeal. If an appeal is not requested within such time limit, no appeal shall be granted, and the decision of the hearing officer will become final and binding. Such written statement of appeal must be delivered in person to the town clerk.
B. The town council shall hear the matter of the appeal at the next regularly scheduled meeting that provides sufficient notice to the licensee, and notice of such hearing shall be mailed to the appellant at least seven days prior to the meeting. Notice shall be deemed delivered upon mailing, whether received or not.
C. The decision and order of the town council on appeal shall be final. [Ord. 2009-19 § 2.]