Section 8-1-2 License Required
A. It is unlawful for any Person or other entity, whether as principal or agent, either for himself/itself or for another Person or entity, or as a member of any firm or entity, to commence, practice, transact or carry on any trade, calling, profession, occupation or business within the Town limits without first having procured a license from the Town to do so and without complying with all regulations of such trade, calling, profession, occupation or business as specified or required by the United States Government or the State of Arizona and its political subdivisions. No license for businesses located within the Town shall be issued without verification by the Zoning Administrator or the authorized designee that no violation of the Town’s zoning regulations will occur by such issuance.
B. The practicing or carrying on of any trade, calling, profession, occupation or business by any Person or entity without first having procured a license from the Town to do so, or without complying with any and all regulations of such trade, calling, profession, occupation or business, as required by other law or by this Article, shall constitute a separate violation of this Article for each and every day that such trade, calling, profession, occupation or business is practiced, carried on or conducted within the Town.
C. The only exceptions to the licensing requirements of this Section are:
1. Nonprofit (providing a valid tax exemption determination from the Internal Revenue Service), educational institutions, fraternal and service clubs, bona fide religious organizations, and agencies of any federal, state or local governments.
2. Nonprofit private clubs where a basic membership fee covers the cost of the use of facilities.
3. Any profession exempted from local licensing by State law.
4. Garage sales, including carport, estate sales, and yard sales, so long as such sales are (a) carried on wholly within the property lines on which the dwelling unit is located, (b) held for the purpose of selling items that are primarily surplus to the residential use, (c) operated for not more than three consecutive days and held not more than four times within a calendar year at the same dwelling unit, (d) limited to the hours between 7:00 a.m. and 5:00 p.m. and (e) advertised using signage in conformance with the sign regulations as designated in Chapter 6 of the Zoning Ordinance for the Town of Fountain Hills.
5. Persons or entities solely providing delivery of goods purchased from locations outside the corporate limits of the Town.
D. Nothing in Subsection 8-1-2(C) above shall prohibit the Town from requiring a business license from any person or entity entering into any contractual relationship with the Town.
E. The penalty for operating without the license required by this Article shall be set forth in the Town’s fee schedule, as adopted by the Town Council as part of the Town’s annual budget or by separate resolution. No license shall be issued or renewed until all penalties and fees have been paid in full.
F. A person or entity found to have commenced, practiced, transacted or carried on any trade, calling, profession, occupation or business within the Town without complying with this Section 8-1-2 shall not be permitted to receive a license under this Chapter until the full amount of the license fee, plus any penalty amount, as set forth in the Town’s fee schedule, has been paid. (16-01, Amended, 08/18/2016)