§ 21-166. Issuance standards.

(a)

An applicant for an open-air market operator's license shall not be required to prove his or her good moral character or be subject to a background check pursuant to section 21-4.

(b)

No natural person shall be licensed as a park-and-swap operator if such person:

(1)

Knowingly makes any false or misleading statement in the cause of applying for or renewing an operator's license;

(2)

Has been convicted of any felony involving dishonesty, deceit, theft, trafficking in stolen property, assaultive conduct or sexual misconduct within five (5) years from the date that the application is submitted;

(3)

Lacks good moral character as set forth in section 21-4;

(4)

Is under eighteen (18) years of age; or

(5)

Has been denied an operator's license, or had such license revoked, for a period of six (6) months following the final denial or revocation decision.

(c)

No applicant which is not a natural person shall be licensed as a park-and-swap operator if any of the following persons would be disqualified from being licensed under subsection (b):

(1)

The president of an applicant which is a corporation, if he or she is an Arizona resident;

(2)

Each general partner of an applicant which is a partnership;

(3)

The managing officer or agent for the in-state operations of the applicant;

(4)

Any person financially interested in the applicant;

(5)

Each managing member of a limited liability company, or if there are no designated managing members, all of the members;

(6)

Each trustee of an applicant which is a trust.

(d)

No park-and-swap operator's license shall be issued to an applicant if the chief of police determines that, due to the nature and location of the applicant's proposed business, the operation of such business is likely to create unreasonably unsafe conditions or to unreasonably increase existing, unsafe conditions in the surrounding neighborhood.

(Ord. No. 1400, § 1, 2-4-86; Ord. No. 1724, § 2, 6-2-92; Ord. No. 1919, § 5, 12-10-96; Ord. No. 2077, § 5, 5-11-99)