In this title, unless the context otherwise requires:
1. 
"Administrator"
means the Administrator of the Town of Pinetop-Lakeside Planning and Zoning Department who shall administer this title.
2. 
"Business"
means any activity, trade, calling, profession, or occupation, whether a sole proprietorship, partnership, corporation, limited liability company or other recognized entity, which regularly provides delivery of products and/or services from an address or other location(s) within the corporate limits of the Town of Pinetop-Lakeside. "Business" does include a distributor/wholesaler with a business location within the corporate limits of the Town of Pinetop-Lakeside, but does not include a distributor/wholesaler located outside the Town’s corporate limits. "Business" does not include waste haulers who hold a valid Town waste hauler’s permit, public schools, churches, amateur athletic teams or other qualified nonprofit organizations. "Business" includes "home occupations" which involve the sale of goods or services as described in this definition.
a. 
"Permanent business"
means a business use which occurs for a period of more than six (6) months in any twelve (12) month period.
b. 
"Temporary business"
means a temporary business use that occurs for a period of less than six (6) months in any twelve (12) month period.
c. 
"Business establishment"
means a permanent business operating and open to the public at a fixed location within the Town of Pinetop-Lakeside.
3. 
"Business license ordinance"
means the ordinance codified in this chapter, as amended.
4. 
"Department"
means the Town of Pinetop-Lakeside Community Development Department.
5. 
"Distributor/wholesaler"
means a person or business that sells or distributes goods to retailers for resale only. A distributor/wholesaler shall not include a person or business who sells goods direct to the public. A person or business who sells or distributes goods both to resellers and the public does not qualify as a distributor/wholesaler for purposes of this title.
6. 
"Fire District"
means the district having authority for fire protection or Municipal Fire Department, as applicable.
7. 
"License"
means a business license required, permanent, or temporary, by this title.
8. 
"Nonprofit organization"
means any association, business or other entity organized and operated not for pecuniary profit, and which has a letter or other document from the Internal Revenue Service verifying such nonprofit status.
9. 
"Peddler"
means any person who conducts the business of selling goods, wares, merchandise, food or personal property of any nature whatsoever and who does not intend to establish a permanent business location within the Town or who conducts such business by foot, cart, wagon, motor vehicle or any other type of conveyance from place-to-place, house-to-house, street-to-street, or business-to-business. "Peddler" includes transient merchants and vendors. "Peddler" shall not include distributors/wholesalers.
10. 
"Permit"
means a peddler’s or solicitor’s permit or a special event permit as described in Chapters 5.08 and 5.12.
11. 
"Person"
means an individual, firm, sole proprietorship, partnership, joint venture, association, corporation, limited liability company or any other recognized entity acting as a unit, "person" shall apply in the plural as well as the singular number. "Person" includes subsidiaries of corporations or other businesses.
12. 
"Police Department"
means the Police Department of the Town of Pinetop-Lakeside.
13. 
"Retailer"
means a person who buys products or goods from a producer, licensed manufacturer, or a distributor/wholesaler for resale to a consumer only.
14. 
"Solicitor"
means a salesman or peddler which takes or attempts to take orders for the sale and future delivery of goods, wares, merchandise, intangibles, personal property of any nature whatsoever or services to be furnished or performed in the future, rather than selling such items from inventory or stock currently in possession. A person may be a solicitor regardless of whether such person has, carries, or exposes for sale a sample of the subject of such order, and regardless of whether such person collects advance payment on such sales or orders. A "solicitor" shall include transient merchants and vendors. "Solicitor" shall not include distributors/wholesalers selling or distributing goods to licensed businesses within the Town. See Section 5.16.010.
15. 
"Special event"
means show promoters and show vendors, art shows, circuses, fairs, carnivals, festivals, religious revivals, political rallies, vehicle shows and displays, rodeos, parades, marches, demonstrations and similarly recognized temporary activities. A "special event" shall not include weddings and funeral ceremonies, elections, private yard sales, charitable fund-raising such as car washes and other similar activities that are otherwise lawfully conducted and which are in accordance with the provisions of the Town’s Zoning Regulations. A "special event" shall not include minor fund-raising activities of public schools, churches, or other nonprofit organizations which have a minimal impact on surrounding properties. Any organization claiming nonprofit status shall possess a letter or other documentation from the Internal Revenue Service proving nonprofit status. Retail sales events and promotions not associated with a business establishment do not qualify as special events and do require a peddler’s or solicitor’s permit in accordance with Chapter 5.08.
16. 
"Town"
means the Town of Pinetop-Lakeside.
17. 
"Zoning Regulations"
means the Town of Pinetop-Lakeside Zoning Regulations, as amended.
(Ord. 10-336 § 2 (Exh. A (part)); Res. 22-1640 (Exh. A); Ord. 22-453 § 1)
It is unlawful for any person to conduct any business from within the Town boundaries, as defined in Section 5.04.010, without first obtaining a business license from the Town in accordance with this chapter.
Any person or business subject to the Town Tax Code shall by definition be required to obtain a business license.
(Ord. 10-336 § 2 (Exh. A (part)))
A business that possesses a current business license shall notify the Department of a change of address within ten (10) days of the change of address. Upon receipt of a notice of change of address, the Department shall give notice of such change to the appropriate Fire District.
(Ord. 10-336 § 2 (Exh. A (part)))
No person shall conduct business within the Town in any structure or area where conducting such business is prohibited by law, by the Town’s Zoning Regulations, by the applicable fire code or by other applicable codes or regulations. No permanent business as defined in Section 5.04.010 shall use any location within a public or private street, nor shall an applicant be licensed to operate a business in any congested area where its operations might impede traffic or otherwise inconvenience the public.
(Ord. 10-336 § 2 (Exh. A (part)))
A business license shall not be required when:
A. 
Federal or state law precludes requiring a business license for the business.
B. 
The business is the sale of food products by an owner, proprietor or tenant of agricultural lands, orchards, farms and gardens on which such food products are grown, raised or prepared for market, if the business is carried on only at that location.
C. 
The activity is regulated by the requirements of Chapter 5.08 or 5.12 for peddlers, solicitors or special events as set forth in this title.
(Ord. 10-336 § 2 (Exh. A (part)))
A. 
Applications for a business license or a temporary business license shall be made on forms and in the manner prescribed by the Community Development Department.
B. 
The business license application shall include all of the following information and such other information as the Department deems reasonably necessary:
1. 
Name of business.
2. 
Name of applicant and relationship to the business or entity.
3. 
Complete street and mailing addresses of each business location(s).
4. 
A brief description of the nature and type of business.
5. 
The type of business entity. If the business is a corporation or limited liability company, the state where formed and the statutory agent’s name and address.
6. 
A list of chemicals or other hazardous materials or hazardous wastes which will be used or stored by the business.
7. 
List of officers/owners/managers of the business and their addresses.
8. 
The name and telephone number for the individual(s) who can be called in case of emergency. This should be a telephone that will be answered twenty-four (24) hours a day.
9. 
The length of time for which the right to do business is desired.
10. 
The federal, state or local sales tax number.
11. 
If the business specified in this title is subject to a certificate of health or sanitary examination, the applicant shall produce such certificate or permit from the Navajo County Health Department, as provided for in Arizona Revised Statutes Section 36-136 as amended. This section shall also apply to all new or remodeled restaurants, bars or other businesses which serve food to the public located within the Town limits.
12. 
Where any business specified in this title is subject to other federal, state or local licensing, registration or permit requirements, i.e., professional, medical, technical, contractors, real estate, etc., the applicant shall produce such license, registration or permit from the appropriate federal, state or local governmental authorities.
C. 
Any person applying for a business license shall submit the application along with the applicable application fee as established from time to time by resolution or ordinance of the Town Council.
D. 
Upon receipt of completed business license application, the Community Development Department shall:
1. 
Check the information provided pursuant to this section.
2. 
Promptly give a copy of the business license application to the appropriate fire district providing fire protection services to the property.
3. 
Promptly give a copy of the business license application to the Town of Pinetop-Lakeside Police Department.
4. 
Issue or deny the license within five (5) working days.
(Ord. 10-336 § 2 (Exh. A (part)))
A business license for a permanent business shall be renewed every year on July 1st, on the renewal form prescribed by the Community Development Department. The renewal form shall be filed with the Department prior to the expiration date on the last current business license.
(Ord. 10-336 § 2 (Exh. A (part)))
A. 
The Planning and Zoning Administrator or his/her designee may inspect the premises of any business for conformance with this title.
B. 
Nothing in this title shall require any person or business to upgrade or undertake improvements to an existing building or structure to meet new requirements of the Town Zoning Regulations, Building Code, Electrical Code or any other applicable code that would not otherwise be required by that code. Likewise, a business license application shall not have any effect on a legal, nonconforming use as defined in the Town Zoning Regulations. For example, a business currently operating under a legal, nonconforming use designation would be allowed to continue to carry on that business at the same location in accordance with the Town Zoning Regulations.
(Ord. 10-336 § 2 (Exh. A (part)))
A. 
The Department shall keep a record of all business licenses issued for a period of two (2) years after the expiration of the license.
B. 
The Department shall keep a record of all business licenses denied for a period of one (1) year after the denial.
(Ord. 10-336 § 2 (Exh. A (part)))
The Department shall have the power to deny applications and may refuse to issue a business license if the person applying for the license fails to comply with the requirements of this title. If the application for a business license is denied, the reasons for the denial shall be given within five (5) days of the denial.
(Ord. 10-336 § 2 (Exh. A (part)))
A. 
Licenses issued under the provisions of this title may be suspended or revoked by the Planning and Zoning Administrator after notice and a hearing before the Administrator for any of the following causes:
1. 
Fraud, misrepresentation or false statements contained in a business license application.
2. 
Failure to provide or maintain the certificates, licenses or registration required in Sections 5.04.060(B)(11) and (12).
3. 
The business creates imminent danger to the public, or has caused serious injury or damage to person(s) or property and is likely to similarly endanger the public.
4. 
Other violations of this title.
B. 
If the Planning and Zoning Administrator has evidence to conclude that a suspension or revocation is authorized for the reasons set forth in subsection (A)(3) of this section, the Administrator may suspend the license immediately and shall give the applicant notice by certified mail of the suspension, and of a hearing to be held within ten (10) days to determine whether or not the license should be suspended or revoked. This notice shall contain a statement of the reason(s) for the proposed suspension and the suspension or revocation. Within three (3) days after the hearing, if the Planning and Zoning Administrator determines that there is good and sufficient reason for the suspension or revocation of the business license, the Administrator shall enter an order suspending or revoking the license and notifying the applicant of same by certified mail.
C. 
If the Planning and Zoning Administrator intends to suspend or revoke a license for any of the reasons in subsection A of this section, except as authorized by subsection B of this section, the Administrator shall give the applicant notice by certified mail sent to the licensee’s last known address of a hearing to be held within ten (10) days to determine whether or not the license should be suspended or revoked. This notice shall contain a statement of the reason(s) for the proposed suspension or revocation. Within three (3) days after the hearing, if the Planning and Zoning Administrator determines that there is good and sufficient reason for suspension or revocation of a business license, the Administrator shall enter an order suspending or revoking the license and notifying the applicant of same by certified mail.
(Ord. 10-336 § 2 (Exh. A (part)))
A. 
Within ten (10) days, excluding weekends and legal holidays, an applicant may appeal to the Board of Adjustment from the refusal of the Community Development Department to issue a license under this title or from the suspension or revocation of any license by the Planning and Zoning Administrator.
B. 
The Board of Adjustment, upon receipt of a notice of appeal, shall determine whether or not to stay the revocation pending appeal, and shall set a time for hearing the appeal within thirty (30) days.
C. 
The appeal hearing shall be conducted in accordance with other appeals (zoning appeals for example) heard by the Board of Adjustment. The written decision of the Board of Adjustment shall be delivered/mailed to the parties within ten (10) days of the hearing.
D. 
Appeals from the Board of Adjustment shall be to the Navajo County Superior Court in accordance with Arizona law. Appeals to the Superior Court shall be filed within thirty (30) days of the date of the written decision of the Board of Adjustment.
(Ord. 10-336 § 2 (Exh. A (part)))
A. 
Every business, peddler and solicitor shall display its license or permit in a location conspicuous to the public at its place of business. Every business not having a fixed place of business shall require its employees or agents to carry the license or permit, or a true facsimile thereof, at all times while carrying on that business for which the license or permit was granted.
B. 
Every special event sponsor or participant shall post the permit required by this title in a location conspicuous to the public during all hours of the special event.
C. 
Every license or permit holder shall produce and exhibit its license whenever requested to do so by the Administrator, by any police officer or by any other person. Failure to display, produce or exhibit the license, whether intentional or by neglect, shall be a violation of this title.
(Ord. 10-336 § 2 (Exh. A (part)))
No license or permit granted or issued pursuant to the provisions of this title shall be in any manner assignable or transferable to any other person or business. Upon the sale or other transfer of a business, a new application for business license or other permit shall be required.
(Ord. 10-336 § 2 (Exh. A (part)))
A. 
Enforcement. It shall be the duty of the Planning and Zoning Administrator or designee and the Pinetop-Lakeside Police Department to enforce this title. In addition to denial, suspension or revocation of a license or permit as authorized in this title, the Town may enforce this title by filing a criminal citation in the Town Magistrate Court or any other court of competent jurisdiction.
B. 
Criminal Violation – Penalty. Each day that a business operates in violation of this chapter is a separate violation and any person or enterprise found guilty of violating any part of this chapter is guilty of a Class II misdemeanor. The Town shall not be required to issue a citation for each day a violation subsequent to the date of the violation listed on the citation, and the court may receive evidence and exact a penalty for each day the defendant is in violation subsequent to the date of violation noted on the citation. It will also be within the discretion of the court to dismiss citations in which the defendant has complied with all applicable terms of the Town Code.
(Ord. 10-336 § 2 (Exh. A (part)))