Chapter 5.45


5.45.010    Fees.

5.45.020    Appeal.

5.45.030    Civil penalties.

5.45.040    Criminal penalties.

5.45.050    Enforcement of title.

5.45.010 Fees.

A. When the fee for any license required hereunder shall remain unpaid for 60 calendar days from and after the due date, such fee shall be delinquent and subject to penalties as set forth herein. If after 90 calendar days the fee remains unpaid and a license is not obtained, the business shall cease operation. Any continuation of business activity will constitute a violation of this title.

B. In the event that the applicant for any license required by this title has already been operating without the required license or licenses, the applicant shall be responsible for payment of fees and penalties for all previous licenses that should have been obtained, pursuant to the current fee schedule, in addition to the license fees currently due. [Ord. 2019-137 § 1; Ord. 2012-064 § 2; Ord. 2012-062 § 2.]

5.45.020 Appeal.

A. Any person aggrieved by the denial of an application for business license or by the restrictions placed upon the license or by the suspension or revocation of such business license shall have the right to an appeal before the town manager. An appeal shall be taken by filing with the town clerk, within 15 calendar days after the decision of the town clerk, 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 town clerk will become final and binding. Such written statement of appeal must be delivered in person to the town clerk.

B. The town manager shall hear the matter of the appeal within 15 calendar days of the date of filing of the notice of appeal, and notice of such hearing shall be mailed to the appellant. Notice shall be deemed delivered upon mailing, whether received or not.

C. The decision and order of the town manager on appeal shall be final. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]

5.45.030 Civil penalties.

A. It shall be a civil violation to operate a business as defined by this title without a license.

B. If a violation of any portion of this title occurs, a complaint shall be filed with the town municipal court and served upon the defendant by personal service or certified mail. At the violation hearing the town is required to prove the violation by a preponderance of the evidence. Technical rules of evidence do not apply, except for the statutory provisions relating to privileged communications. If the violation is upheld, the magistrate shall either order that the business cease operation until it is in compliance with this title, or shall order that the business has a period of time, not to exceed three months, to come into compliance. If the business does not come into compliance within the time specified, the magistrate shall order the business to cease operation until it comes into compliance. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]

5.45.040 Criminal penalties.

Any violation of Chapter 5.25 STC is a class one misdemeanor, punishable as set out in ARS Title 13. Each day that a violation continues shall be a separate misdemeanor. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]

5.45.050 Enforcement of title.

It shall be the duty of any police officer of the town to enforce this title. Immediately upon the facts coming to his or her knowledge, the reporting officer shall report to the town clerk the name of any person, corporation or partnership carrying on business within the town without first having obtained a license, and all citations for violation of this title, and the town clerk shall maintain a record for each license issued and record the reports of violations therein. [Ord. 2019-137 § 1; Ord. 2012-062 § 2.]